iAi:>ait>s:ifi:i: ^D^,A. P3litical Science'^ THE REVISED CODE Ob' ST. LOUIS IGENERAL ORDINANCES. BEING REVISING ORDINANCE NUA\BER 22902, APPROVED MARCH I'Kli, 1907; SUPPLE- MENTED BY AN APPENDIX CONTAINING THE GENERAL ORDINANCES ENACTED BETWEEN THE DATE OF SUBMISSION TO THE ASSEAVBLY OF THE REVISING ORDINANCE IN SEPTEMBER, 1906, AND THE CLOSE OF THE LAST SESSION IN APRIL l'(07. IN CONNECTION WITH WHICH ARE PUBLISHED, WITH ANNOTATIONS, THE SCHEME OF SEPARATION AND THE CHARTER OF THE CITY OF ST. LOUIS, A COMPI- LATION OF STATE LAWS SPECIALLY APPLICABLE TO THE CITY OF ST. LOUIS, AND THE STATE AND FEDERAL CONSTITUTIONS: ALSO A TABLE OF A\AYORS, ALDERMEN, COUNCILAtEN AND DELEGATES OF THE CITY OF ST. LOUIS FROM ITS EARLIEST ORGANI- ZATION IN 182.! TO THE PRESENT TIA\E, AND THE PRESENT ELECTIVE AND APPOINTIVE OFFICERS OF THE CITY AND THEIR CHIEF ASSISTANTS. All I'ublishfil Ity Authority of the City of St. Louis as Set Forth in the Notice of Authfutificatioii ApjxMi-iiif; Hereiu. nv WILLIAM K. \V()1':RXEK, OK THK ST. lX)fIS HAH. ST. LOUIS. MO. SAM'L F. MYKRSO.S I'RINTINC Co.. 1907. IfC^ PREFACE. Iti accordance with the periodical revision of the general ordinances re- (luired by the Charter, the preliminary ordinance 22046 (supplemented by or- dinance 23110) authorized the jjreparation of ordinance 229Q2, to be known as "The Revised Code of St. Louis," containing all ortlinances of a general na- ture; and it was provided that in conjunction therewith there should be ]nil)- lished, with annotations of the decisions specially affecting them, the Scheme of Separation, and the Charter of the City of St. Louis, also a collation of State Statutes specially applicable to the said City, and the State and Federal Con- stitutions. The reviser was appointed in accordance with the prcliniinar\- ordinance, in September, 1905, and in September, 1906, submitted tt) the Municipal .\sseui- bly the completed work, including in ordinance form the hill in revision, which subsequently became "The Revised Code," as well as the annotated Charter. Scheme and State Laws specially applicable to St. Louis. The ordinance in revision remained pending in the Municipal Assembly from its submission in September, 190^), until ^larch 19, 1907, when it was finally approved and became ordinance number 22902, or "The Revised Code of St. Louis." Since many laws and ordinances had been enacted and decisions rendered in the interim between the sulimission of the work to the Assembly arid its ])as- sagc and approval, the work (in accordance with supplemental ordinance 2.^110), was brought down to date of printing, the State Laws of 1907 specially applicable to St. Louis being inserted under that heading proper, and the new- general ordinances being set forth in an .\ppendi.\. and references to these late amendments, laws and decisions were made in appropriate places throughout the work. The contract for printing of the entird volume was let and liegun in May, 1907, to he completed the following October. In tiie planning of the work into Chapters and .Articles the reviser pre- served, whenever practicable, the order and arrangement of the preceding ex- cellent revision ( in some instances even where a ileparture might otherwise have been considered) for the reason that City officials and others using these 532 f 2? volumes (many of whom are not lawyers) hav-e become, from frequent con- sultation and long use, so familiar with the old arrangement and order thereof, that a rearrangement might serve to disturb or confuse, until learned anew. Since the authority of a reviser does not include the right of making sub- stantial changes in the laws and ordinances themselves (see note on page 341). and as many of the ordinances in force seemed to require amendments, and many others to be repealed, and some subjects to require new provisions, the re- viser prepared and submitted for adoption by the Assembly a great many sug- gestions, in the form of ordinance bills, on matters occurring to him in the preparation of the work. Many of the suggested bills were adopted and in- corporated in the Revised Code, but many others failed of adoption. Little need be said in a preface concerning the merits and demerits of that part of the work properly within the functions of the reviser. Such matters will come out in, and can fairly be ascertained only by, the actual use of the book; besides which an author's opinions are of no moment and often do not coincide with those of the reader. It is hoped, however, that the annotations ( especially of the Charter pro- visions) to which the reviser devoted considerable labor, may prove of some value. It was sought to cite and discuss the decisions of our own courts bear- ing upon the same, with reasonable fullness ; but decisions of other States, con- struing other charters or ordinances, and general discussions on municipal cor- poration law. were eliminated, because not properly embraced within the scope of an annotated revision, belonging more properly to the functions of a text- book. Bespeaking indulgence for probable imperfections in that part of the work properly chargeable to the reviser, this volume is respectfully submitted to the public. St. Louis, Sept. 25. 1907. WM. F. WOERNER. AUTHENTIFICATION OF THE REVISED CODE OF ST. LOUIS" City of St. Louis, Office of the Register, October 9, 1907. 1, the iiiulersigned. Register of the City of St. Louis, do iiereby certify lliat in pursuance of the Charter of the City of St. Louis Article three, Section 29, was luly enacted ordinance 22046 approved June 20, 1905, providing for the Re- \ ision of the General Orthnances of the Cit)- of St. Louis, being as follows, to-wit : An ordinance to provide for the revis- ' in of the general ordinance of the City of St. Louis In accordance with the provis- ions of Section Twenty-nine of Article Three of the Charter, and collation of all laws of the State of Missouri specially applicable to the City of St. Louis and an annotation and index of all said ordi- nances anil laws, and to provide for the appointment and compensation of a re- viser of said ordinances and to provide for. the printing thereof and making an appropriation therefor. Re it Ordained by the Municipal As- sembly of the City of St. Louis, as fol- lows: Section One. The Mayor shall appoint, with the approval of the Council, a com- pel, -nt lawyer whose duties it shall be to revl.se the general ordinances of the City of St. Louis and prepare and submit to the Municipal Assi^mbly In the form of an ordinance a complete revised code of said ordinances; and he shall collate all of the laws of the State of Missouri spe- cially applicable to the City of St. Louis. When ih,. ,*tanie Is completed and said re- vls.-.l iirdinaiue legally adopted by the iMniiieipid .\.-i.sembly said revised ordi- nance shall supersede and take the place of all general ordinance regulations of the city, and all ordinances in conflict therewith shall be deemed repealed. Section Two. In connection with said revi.xjon of th-- general ordinances of the city there shall lie i>ut>llshed the Constitu- tion of the t'nlteil States, the Constitution •f the State of Missouri and all statutes ■f the State of Missouri specially a|>pll- ible to the City of St. Louis.. There luill also be published In connection with • lid laws and ordinances a table of the .Mayor.i, .Mdermen. City Council and Mu- nicipal .\.>j.s..inlily. as far as practicable, from the li.Klnnlng of the City Govern- ment ti> anil including the present time. Willi h Information shall be prepared by till' nvlser of ordinances and compiler of said laws, who shall also superintend the printing of said work In book form. Section Three. All subjects embraced In ■Aid revised ordinance shall be properlv classllb'd and arranged alphabetically with proper head notes and catch words, which revised ordinance when so com- pleted shall be styled "The Revised Code of St. Louis." Section Four. Said Revised Code and all laws of the .State, including the Con- stitution, specially applicable to the City of St. Louis, shall be fully annotated by inserting in foot notes all decisions of the United States Courts. Supreme Court of Missouri, Courts of Appeals of Mis- souri relating to said laws, charter or or- dinances: and said revised code and said laws specially applicable to the City of St. Louis shall be Indexed. Section Five. The City Register is hereby directed to proceed as required by law to contract for printing In substan- tial book form fifteen hundred copies of said work, after said revised ordin.ance shall have been enacted by the Municipal Assembly and after said work has been fully completed by the reviser and com- piler thereof. Section Six. The compensation of the re- viser and compiler for all work contem- plated by this ordinance shall be live thousand dollars, payable out of an ap- propriation to be made for that purpose, upon the certlllcate of the Mayor that the said work has been properly done In accordance with this ordinance; and tlio printing and binding of said fifteen hun- dred copies of said work shall be paid for out of an appropriation to be made for that purpose. Section Seven. There is hereby appro- priated and set apart out of the Muni- cipal Revenue the sum of five thousand dollars to bo paid said reviser and com- piler as aforesaid; and the sum of four thousand dollars for the printing and binding of fifteen hundred copies of .said work. Section Klght. The Auditor Is hereby directed to draw his warrants upon the Treasurer in not exceeding the amounts and for the purpose above specllled upon duly certllled vouchers being presented therefor. Approved June 20. 1905. And tliereafter was enacted ordinance 23110. ai^provcd lulv 'Jth. 1907, supplementary to said former ordinance, and providing for an appendix there- to, and being as follows, to-wit : An ordinance to provide for tlie prepara- tion of iin appendix in connection witli llie Revised Code of St. Louis, whicli is to contain a collation of general ordi- nances and of laws applicable to St. Loui.s. enacted since the submission to the Mu- nicipal Assembly of the work of the re- viser of said Revised Code of St. Louis, together with notations, and to provide for compensation to the reviser for such preparations, and to provide tor the print- ing thereof with the Revised Code, and making appropriations tiierefor. Be it ordained by the Municipal As- sembly of the City of St. Louis, as fol- lows: AVhereas. the Revision of the General Ordinances of the City of St. Louis and collation of laws specially applicable to St. Louis and tlie annotation and indexing thereof was provided for by ordinance twenty-two thousand and forty-six. ap- proved June Twentieth. Nineteen Hundred and Five, and in pursuance of said ordi- nances a Reviser was duly appointed and the work called for therein duly completed by him and submitted to tlie Municipal Assembly on September Twenty-first. Nineteen Hundred and Six. but said Re- vised Code of St. Louis was not enacted and approved until the passage of ordi- nance twenty-two thousand nine liundred and two. approved March Ninth, Nineteen Hundred and Seven, and. Wh»:*reas, during said interval l>otween the introduction and passage thereof, many new ordinances were enacted, re- pealed or amended, and a session of the Legislature held, at which laws specially* applicable to St. Louis were enacted, .and numerous judicial decisions affecting the ordinances and laws were rendered, all of which matters were not. and could not. Ite included in s.aid Revised Code, nor the compilation and annotations in connection therewitli, becaus*;- occurring after sub- mission of said work, and. Whereas, said Revised Code of St. Louis, as contemplated in said ordinance twenty-two thousand and forty-six is about to be published, and. Whereas, it is desirable that all said matters should be included and appear in the volume in which the said Revised ("lode of St. Louis is printed, so as- Jo bring the same as nearly as practicable^, tp the present date, now, therefore, be it or- dained as follows; Section One, The Reviser of the General Ordin.ances appointed in pursuance of the provisions of ordinance twenty-two thou- sand and forty-six, to perform the duties and work therein re([uired. is hereby di- I'ected and authorized to prepai'e for pub- lication in connection with the Revised Code of St. Louis, an appendix thereto setting out all general ordinances enacted, repealed or amended between the date of the submission to the Municipal Assembly of the said Reviser's work on September twenty-first, nineteen hundred and six, and the expiration of the term of the last Municipal Assembly on April, nineteen hundred and seven, and in so tar as prac- ticable to set out all laws specially ap- plicable to St. Louis enacted at the ses- sions of the State Legislature of nineteen hundred and seven, and in all of said things to make reference thereto in the indexes of the Revised Code and to bring down to date so far as practicable the notation of decisions of the Appellate Courts of Missouri in the foot notes to the work submitted heretofore and to supervise the printing of all said work in the .same manner as if it were a part of the said Itevised Code. Section Two. The City Register is here- by directed and authorized to contract for the printing of said appendix as part of the volume containing the Revised- Code of St. Louis. Section Three. The compensation of the Reviser and Compiler for all the addi- tional work in connection with said ap- pendix contemplated Viy this ordinance shall be seven hundred and fifty dollars, payable out of an appropriation to be made for that purpose, upon the certifi- cate of the Mayor, that the work has been properly done in accordance with this or- dinance and the expense of the printing of said appendix shall be paid for out of an appropriation to be made for that purpose. Section Four. There is hereby appropri- ated and set apart out of the municipal revenue in addition to the appropriation made by ordinance twenty-t%vo thousand and forty-six. approved June twentieth, nineteen hundred and live, the sum of seven hundred and fifty dollars to be paid to said Reviser and Compiler as aforesaid, and the sum of five hundred dollars for the printing of said appendix in conjunc- tion with the Revised Code of St. Louis. Section Five. The Auditor is hereby di- rected to draw his warrants upon the Treasurer in not exceeding the amounts and for the purpose above specified upon dul.v certified vouchers being produced therefor. Approved July 9, 1907. /\nd in pursuance of said ordinances was dul}' prepared and enacted ac- cording to law, the ordinance in revision, numbered 22902. approved March 19. 1907, known as "The Revised Code of St. Louis.'' And in pursuance of said ordinances, and under the further authority duly conferred according to law and by the City of St. Louis, is published this vol- ume containing "The Revised Code of St. Louis," being said ordinance number 22902 in revision of the general ordinances, a.s therein purported : and also is publisheril, 1907. And I certify that I have examined and compared all the ordinances em- braced in this volume with the original ordinances as officially enrolled in the records of the Register's Office, and that all the said ordinances as in this vol- ume published are true copies of the said originals. A copy of this volume with my original certificate attached has been de- posited and is on file in the office of the Register of the City of St. Louis. , — ^ — In Tkstdiony Whereof, I have hcri'imto si't my liaiid. and affixed ■ SEAL - the seal of tlie City of St. Louis, this ittli day of Oetober, 1907. ^^^' " PATIIICK J, REGAN, K.'trister. TABLE OF CONTENTS. AuthcntificatiiMi to Revised Code Page. rRHKIX. Constitution of the L'nited States 1 I niiex to same 11 .\ct of Admission of Missouri 15 Ordinance of .Vcceptance 18 Constitution of Missouri 20 Index tliereto 66 PART 1. State Statutes sjieeially ai)])licable to the City of St. Louis t annotated ) 77 -Hi Index thereto 225-256 PART II. Incorporation of tlie Town of St. Louis 250 The Scheme for the Separation and Reorganization of tlie City and County of St. Louis (annotated ) 264-278 Index thereto 279-286 The Charter of tlie City of St. Louis (annotated) 289-461 Index thereto 463-542 P.\RT III. The Revised Code of St. Louis ( annotated) 543-1130 Index thereto (including .Appendix ) 1165-1326 I'ART 1\'. Appendix to Revised Code 1131-11C>4 ADDENDUM. Table of Mayors, .\ldermen, Councilnien ami Delegates (1823-1007) II-XIX Directory of the present members of tiie Municipal .Assembly (1907) XX Table of Hoards of Public Improvements (1877-1907) XXI-XXllI Present elected City ofTicials XXI II Present appohited City officials .XXIII-XXX'l Pr<-ent chief assistants to department heads .\X\ 1 1 CONSTITUTIOiN ;• TllK- UNITED STATES OF AMERICA CONTENTS. PREAMBLE. Objfcts of the Con9titu:lon. ARTICLE I— Of the Legislative Power. SECTION I. Legrlslutlve powers, where vesteil. Mouse of Representatives, how and by whom eht>sen. — iiualitlcatlons of a Representative — representatives and direct taxes, how apportioned — census — vacancies to be lUled — power of choosing ofllcers. and of Impeachment. ^. Senators, election and term of — how classllled — State executive to make temporary appointments In case, etc. — ciualltlcatlons of a St-nator-*- I'resldent of the Senate, his rlpht to vote — President pro teni. and other oftlcers of the Senate, how chosen — power to try Impeach ■ ments — when F'resldent Is tried, chief Justice to preside — sentence. < Times, etc.. of holding elections, how prescribed — one session in each year, a. Powers of each House — expulsion—- Journal and yeas and nays — time of adjournment limited, unless, etc. •V I'ompensatlon — privilege from arrest and f»)r speeeit — distiualllleatloii In certain cases. 7. House to originate all revenue bills — veto — bill may be passed by lwt»- thlrds of each House, notwithstand- ing, etc, — bill not returned in ten days — orders, resolutions and votes, A. General powers of Congress. 9. Limitations of the powers of Con- gress — migration — habeas corpus — Idlls of attalntler, etc.- — taxes — no • xport d\ity — no commercial prefer- ences — no titular nobility— ofllcers not to receive presents. Limitations of tlie powers of States. ARTICLE II— The Executive Power. SECTION 1. Pr»'Sldfnl and Vice-President, their l*'rni »>f i>fhce — time of i-hooslng electors — who ma.v be elected Pres- ident — In case of the removal • t of the President, his power> vnlv.. on Vic. Pr. sident — li- i .1 : ' 5 compens ■ -^ oath. i ■ ' . nt to bf .^.■t ..f • • r-ln-chlef I making unint — to nil inleate to Con- convene and adlmirn .vhen — ..*hali recel\.- .« execute laws and « ■■■;. :i ofllcers. ival of ofllcers by Impeach- ARTICLh: III— The Judiciary power, tenure. comp*'nsa- rach State — to he dellv- to service. SECTION I. Judicial tlon. 1". Judicial power, to what cases It ex- tends — original and appellate juris- diction of Supreme Court — of trial for crimes, where, ■''. Treason denned— proof of— punish ment of, .\KTICLE IV — Miscellaneous Provisions. SECTION 1. Credit to be given to public act;.. etc., of every State. 2. Privileges of citizens of fugitives from Justice ered up — persons held having escaped, to be delivered up, ^ .Vdmisslon of new States — of tlie tei-- rltory of the I'nited States. 4. Republican form of government guaranteed to the several States. ARTICLE V. (ToQStltutlon, how amen ? o -. , CONSTITUTION OF THE UNITED STATES OF AMERICA. - r > -^ •" J ;f • ^ * ■ Preamble. — We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this CONSTITUTION FOR THE UNITED STATES OF AMERICA. ARTICLE I. OP THE LEGISLATIVE POWER. Section 1. Legislative power, where vested. — All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Sec. 2. House of Representatives, Ijow and by whom chosen. — The House of Representatives shall be composed of members chosen every second year by the people of the several States, and the electors in each State shall have the quali- fications requisite for electors of the most numerous branch of the State Legis- lature. Qualifications of Representative. — No person shall be a Representative who shall not have attained to the age of twenty-five years and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. Apportionment of Representatives and direct taxes — census. — Representa- tives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers, whicli shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and including Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one representative, and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Con- necticut five. New York six. New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten. North Carolina five. South Carolina five, and Georgia three. Vacancies in House of Representatives. — When vacancies happen in the rep- resentation from any State, the executive authority thereof shall issue writs of election to fill such vacancies. Speaker and officers of House — impeachment. — The House of Representatives shall choose their speaker and other officers; and shall have the sole power of impeachment. Sec. 3. .Senator.s^-eleotion and term of. — The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six years; and each senator shall have one vote. Division into classes — vacancies — qualifications. — Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the Legislature of any State, the executive thereof may make temporary appointments until the next meeting of the Legislature, which shall then till such vacancies. No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. Vice-President. — The Vice-President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided. President pro tem. and other officers of Senate. — The Senate shall choose their other officers, and also a President prn tempore, in the absence of the Vice- President, or when he shall exercise the office of President of the United States. Impeachment, power to try — pre.sidin}; officer on trial. — The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present. Judsment on Impeachment. — Judgment in cases of impeachment shall not ex- tend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punish- ment according to law. CONSTITITION OF TIIK L'NITED STATKS OF AMERICA. 3 Sec. 4. Election of Soiiators mid K<'|)roKeiiliitivos — scssion.s of Coiiftrpss.— • The times, places and manner of hoUlinK elections for Senators and Representa- tives shall be prescribed in each State by the Legislature thereof; but the Congress may at any time, by law, make or alter such regulations, except as to the places of choosing Senators. The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall, by law. appoint a different day. Sec. 5. yuiililicatioiis of members — jiidfies of, quorum. — Each house shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a (luorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner and under such penalties as each house may provide. Uule.s of proceedings — contempt.s, expulsions. Kach house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the coneurrence of two-thirds, expel a member. •lourniils — yeas and nays. — Kach house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their Judgment require secrecy: and the yeas and nays of the members of either house on any question shall, at the desire of one-fifth of those present, be entered on the journal. .Vdjournnients. — Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. Sec. 6. Coni|H-nsation of menilM-rs — privilefjes. — The Senators and Repres- entatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall, in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and re- turning from the same; and for any speech or debate in either house, they shall not be questioned in any other place. InelJKibilily to office. — No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased, during such time; and no jjerson holding any office under the United States shall be a member of either house during his continuance in office. Sec. 7. Uevenue Rills — where to ori^nate. — All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills. Bills, approval of President — veto prF rnio fNiTKn states of amkrica. To establish an unifonii rule of naturalization, and uniform laws on the subject of bankrui)tcies. throughout the United States; To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures: To provide for the punishment of counterfeiting the securities and current coin of the United States; To establish postoffices and post roads: To ijroniote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries; To constitute tribunals inferior to the supreme court; To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations; To declare war. grant letters of marque and reprisal, and make rules con- cerning captures on land and water: To raise and support armies, but no appropriation of money to that use shall be tor a longer term than two years: To provide and maintain a navy; To make rules for the government and regulation of the land and naval forces; To provide for calling forth the milita to execute the laws of the Union, suppress insurrections and repel invasions: To provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively the appointment of the officers, and the authority of training the militia according to the dis- cipline prescribed by Congress; To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of government of the United States, and to execute like authority over all places purchased by the consent of the legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dock yards and other needful buildings; and To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this con- stitution in the government of the United States, or in any department or officer thereof. Sec. 9. Migration and iiiiportatiun of persons. — The migration or importa tion of such persons as any of the States now existing shall think proper to admit. shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. Writ of habeas corpus. — The privilege of the writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion the |)ublic safety may require it. IJills of attaiiulcr and cv post facto laws. — Xo bill of attainder or <:r post facto law shall be passed. Capitation and direct taxes. — No capitation or other direct tax shall be laid, unless in iiroporlion to the census or enumeration hereinbefore directed to be taken. Taxation on expoits — Coniniercial regulations. — No tax or duty shall be laid on articles exported from any State. No preference shall be given by any regula- tion of commerce or revenue to the ports of one State over those of another; nov shall vessels bound to or from one State be obliged to enter, clear or pay duties in another. Appropriations of pul)lic nionc.y — accounts. — No money shall be drawn from the treasury but in consequence of appropriations made by law-; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time. Titles of nobility — presents, etc., to officers. — No title of nobility shall be granted by the United States; and uo person holding any office of profit or trust under them shall, without the consent of the Congress, accept of any present, emolument, office or title, cf any kind whatever, from any king. iM'ince or foreign state. Sec. 10. Limitations of the |>owers of states. — No State shall enter into any treaty, alliance or confederation: grant letters of marque and reiirisal; coin money: emit bills of credit: make anything but gold and silver coin a tender in (layment of debts: pass any bill of attainder, e.r post facto law. or law impairing the obligation of contracts, or grant any title of nobility. rONSTlTI'TIoN OK ■rilH TNITKM STATi:s ol' AMi:ittr.\ 5 No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may he absolutely necessary for executing its Inspection laws; and the net produce of all duties and imposts laid by any State on im|)orts or exiiorts shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress. No State shall, without the consent of Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually in- vaded, or In such iniiuinent danger as will not admit of delay. A1{TICIJ>: II. OF THK EXKCl'TIVE. Section 1. I'rc>iilfnl and \'ice-I*r«'si(leiit — term of oflUc, election of. — The executive |)0wer shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice- President, chosen for the same time, be elected as follows: Each State shall a|)point. In such manner as the legislature thereof may direct, a number of electors, equal to the whole number of Senators and Rrepresentatlves to which the State may be entitled in the Congress: but no Senator or Representa- tive, or person holding an office of trust or profit under the United States, shall be appointed an elector. [The electors shall meet In their resi)ective Slates, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same State with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of government of the United States, directed to the President of the Senate. The president of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, If such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall Immediately choose by ballot one of them for President: and if no person have a majority, then from the five highest on the list, the said House shall in like manner choose the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. In every case, after the choice of the President, the per- son having the greatest number of votes of the electors shall be the Vice-President. But If there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice-President. j [This clause has been superseded by the twelfth amendment.] Tinio of choosing electors. — The congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States. I'rcsick-nt'.s qualiflcation.s. — No person, except a natural born citizen, or a citizen of the United States at the time of the adoption of this constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. Vnranry in office of Pre.sidoiit. — In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President, and the Congress may. by law, provide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as Presi- dent, and such officer shall act accordingly, until the disability be removed, or a President shall be elected. The President shall, at stated times, receive for his services a compensation, which shall neither be Increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them. Oath of. — Before he enter on the execution of his office, he shall take the fol- lowing oath or affirmation: "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect and defend the constitution of the I'nited Stales." St>c. 2. Powers and duties of President. — The President shall be commander- inohlef of the army anri navy of the United States, and of the militia of the several States, when called Into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have 6 CONSTITUTION OF THE UNITED STATES OF AMERICA. power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur; and he shall nominate, and, by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States whose appointments are not herein otherwise provided for, and which shall be established by law; but the Congress may, by law, vest the appointment of such inferior officers, as they thinic proper, in the President alone, in the courts of law, or in the heads of departments. Vacancies in office. — The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions, which shall expire at the end of their next session. Sec. 3. Powers and duties of President, continued. — He shall, from time to time, give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambas- sadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States. Sec. 4. Conviction of treason, etc. — The President, Vice-President, and all civil officers of the United States, shall be removed from office on impeachment for and conviction of treason, bribery, or other high crimes and misdemeanors. ARTICLE III. OF THE JUDICIARY. Section 1. Judicial power — .judges — compensation — tenure of office. — The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensa- tion, which shall not be diminished during their continuance in office. Sec. 2. Judicial power — e.xtends to what^ — Supreme Court, jurisdiction of. — The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made or which shall be made under their authority; to all cases affecting ambassadors, other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction; lo controversies to which the United States shall be a party; to controversies between two or more States; between a State and citizens of another State; betweei citizens of different States; between citizens of the same State claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign States, citizens or subjects. In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be party, the supreme court shall have original juris- diction. In all the other cases before mentioned the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the Congress shall make. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the State where the said crimes shall have been com- mitted; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed. Sec. 3. Treason against the United States. — Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted. .ARTICLE IV. MISCELLANEOUS PROVISIONS. Section 1. Records and .judicial proceedings of sister States. — Full faith and eredit shall be given in each State to the public acts, records and judicial proceed- ings of every other State. And the Congress may by general laws prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof. Sec. 2. Privileges and immunities of the citizens of several States. — The citi- zens of each State shall be entitled to all privileges and immunities of citizens in the several States. CONSTITI'TION OF THK I'NITKD STATES OK AMKUICA. 7 FuRitives from justice. — A person chargptl In r the Stale or people. — The i)o\vers not delegated to the United Slates by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. .VKTICLE XI. Judicial power — liniitalion on. — The judicial power of the United States shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the United States by citizens of another State, or by citizens or sui)- jects of any foreign State. AUTICLE XII. Election of President and Vici'-President. — The electors shall meet in their respective States ami vote l)y ballot for President and Vice-President, one of whom at least, shall not be an inhabitant of the same State with themselves; they shall name In their ballots the person voted for as President, and In distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the Senate; the president of the Senate shall, in presence of the Senate and House of Representatives, open all certificates, and the votes shall then be counted; the person having the greatest number of votes for President shall be President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest number not exceeding three on the list of those voted for as President, the House of Represent- atives shall choose Immediately, by ballot, the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this puri)ose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And If the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them before the fourth day of March next following, then the Vice-President shall act as President, as in the case of death or other constitutional disability of the President. The iierson having the greatest number of votes as Vice-President shall be the Vice-President, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list the Senate shail choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be nece-;- sary to a choice. But no person constitutionally ineligible to the ofSce of President shall be eligible to that of Vice-President of the United States. AUTICLE XIII. Section 1. siaviry proliibited. — Neither slavery nor involuntary servitude, ex- cept as a punlshmcni for crime, whereof the party shall have been duly convicted, shall exist within the United States or any place subject to their jurisdiction. Sec. 2 Enforcement of prohibition. — Congress shall have power to enforce this article by appropriate legislation. AUTI(M>E XIV. Section 1. Citi7.M KNTS — to the Constitution, how made a 1 APPOINTMIONTS— to be made by the president.. -' 2 APrOKTlONMKNT— of representatives 1 - ditto Amendments 1 1 2 APPROPUIATIONS — by law 1 9 for army not to exceed two vears 1 S AUMIKS— eongress to raise and support I S AKMS — riBht of the people to keep and bear .-Vmendments 1.' .\RTS .\NI) SCIENCES — to bo promoted 1 S ASSEMBLE— people mav Amendments 1 ATTAINKEU— bill of. prohibited to congress 1 9 prohibited to the States 1 10 of treason shall not work cor- ruption of blood or forfeit- ure, except during the life of the person attainted ■! ^ B BAIL — exce-sslve, not required Amendments .s HANKRl'PTCY L.VWS — to be uniform I S BILL.S— for raising revenue shall orig- inate In the house of repre- sentatives 1 ~ before they become laws shall be passed by both houses and approved by the presi- dent, or. If disapproved, shall be passed by two-thirds of each house I " not returned In ten days, tin- less an adjournment Inter- vene, shall be laws I 7 BORROW MONEY— Congress may I 8 CAPITATION TAX— apportionment of 1 9 CENSl'S — or enumeration, to be made every ten years I 2 CITIZENS— of each .'Jtato shall be entltleil to the privileges and Immu- nities of citizens In the sev- eral Slates 4 2 of the United States, who are Amendments I I 1 of the I'nlted States not to be abridged In privileges, etc.. by any State. . Amendments l.'> 1 CLAIMS— no prejudice to certain 4 3 CLAIMS — of the United States, or of the several Slates, not to be pr*-- Judioed by ony construction of the Constitution 4 3 COASTINC, TRADE — regulations resp»Tting 1 ■• COINS— congress eign . . to llx value of for- Art 1 COMMERCE — congress to regulate 1 regulations respecting, to be equal and uniform 1 COMMISSIONS— to be granted by the president 2 COMMON LAW — recognized and established. . . . Amendments 7 CONGRESS — vested with power 1 may alter the regulations of State legislatures concerning elections of senators and representatives, except as to place of choosing senators.. 1 shall assemble once every year 1 officers of government cannot be members of I may provide for cases of re- moval, death, etc., of presi- dent and vice-president 2 may determine the time of choosing electors of presi- dent and vice-president 2 may Invest the appointment of inferior ofllcers In the presi- dent alone. In courts of law, or the heads of departments. 2 may establish courts Inferior to the supreme court 3 may declare the punishment of treason • ■» may prescribe the manner of proving the acts and records of each State • to assent to the formation of new States may propose amendments to Constitution or call a con- vention to lay and collect duties to borrow money to regulate commerce to establish uniform laws of bankruptcy and naturaliza- tion ■ ■ to coin money, regulate the value of coin and llx a stand- ard of weights and measures to punish counterfeiting to constitute tribunals Inferior to the supreme court to define and punish pirates, felonies on high seas and of- fenses against the laws of nations • to establish post-ofnccs and post-roads to authorize patents to auth- ors and Inventors to declare »var. grant letters of marnue and make rules concerning captures to raise and support armies., to provide and maintain a navy to make r\iles for the govern- ment of the army and navy to call out the militia In cer- tain cases • • • ■ ■ to organize, arm and disci- pline militia to exercise exclusive legisla- tion over seat of government to pass laws necessary to car- ry the enumerated powers Into effect Sec. 12 INDEX U. S. CONSTITUTION. CONGRESS— Continued. Art. Sec. to dispose of and make rules ooncerning the territory or other property of the United States i 3 may enforce art. XIII of amendment by appropriate legislation Amendments 13 2 may remove disabilities aris- ing out of participation in rebellion Amendments 14 3 mav enforce art. XIV' of amendment by appropriate legislation ....Amendments 14 5 mav enforce art. XV of amendment by appropriate legislation Amendments 15 2 president may convene and adjourn, in certain cases.... 2 3 CONSTITUTION — how amended S 1 laws and treaties declared to be the supreme law C 1 rendered operative by the rat- ification of nine States 7 1 CONTRACTS — no law impairing to be enact- ed by a State 1 10 CONVENTIONS— for proposing amendments to the constitution 5 1 COI'NTERFKITING — congress to provide for the punishment of 1 8 COURT. SUPREME— its original and appellate jur- isdiction 3 - COl'RTS — inferior to the supreme court mav be ordained by congress 1 S inferior to the supreme court mav be ordained by congress 3 1 CRIMES— persons accused of. fleeing from justice, may be de- manded ^ •; how to be tried 3 CRIMINAL PROSECUTIONS— proceedings in case of Amendments 6 D DEBT. PUBLIC — validity of not to be ques- tioned Amendments 14 4 DEBTS— against the confederation to be valid S 1 incurred in aid of rebellion, and claims for loss of slaves, illegal and void Amendments 14 4 DISABILITIES — incurred by reason of partici- pation in rebellion Amendments 14 2 DUTIES— to be laid by congress, and to be uniform 1 further provision respecting.. 1 cannot be laid by the States.. 1 on exports prohibited 1 on imports and exports im- posed by States shall inure to the treasury of the United States 1 E ELECTIONS — of senators and representa- tives shall be prescribed by the States 1 qualifications and returns of members of congress to be determined by each house.. 1 ELECTORS — of president and vice-presi- dent, how chosen and their duties 2 alterations as to. Amendments 12 to vote the same day through- out the United States 2 no senator or representative, or public officer, shall serve 9 10 9 10 ELECTORS — Continued. Art. Sec. disabilities for position of.... Amendments 14 3 ENUMERATION— e\'ery ten years 1 2 EXECUTIVE POWER — vested in a president (see president) 2 1 EXPORTS— not to be taxed 1 9 and imports. States prohibited from laving duties on 1 10 EX POST FACTO LAW — none shall be passed 1 9 prohibited to States 1 10 FINES— excessive, prohibited Amendments 8 FUGITIVES — from justice to be delivered up 4 from service may be reclaimed 4 H HABEAS CORPUS— writ of. can only he suspend- ed in cases of rebellion or invasion 1 HOUSE OF REPRESENTATIVES — (see representatives.) IMPEACHMENT— to be brought by house of rep- resentatives 1 2 tried by the senate 1 3 judgment on 1 3 all civil officers liable to 2 4 IMPORTATION OF SLAVES — not prohibited till 180S 1 9 INVOLUNTARY SERVITUDE — prohibited except as punish- ment for crime. Amendments 13 1 .1 JUDGES— shall hold their offices during good behavior 3 1 their compensation 3 1 JUDICIARY — tribunals inferior to supreme court mav be created 1 » JUDICIAL POWER — vested in a supreme court and court inferior 3 1 powers of the judiciary 3 2 restrictions as to suits against a State Amendments 11 JUDICIAL PROCEEDINGS— of each State are entitled to faith and credit in every State i 1 JURY TRIAI^— . ,, . secured and shall be held in the State where the crime shall have been committed.. 3 2 further regulated . Amendments 6 secured in suits at common law where the value in con- troversy shall exceed twenty dollars Amendments 7 LAW — what is declared the supreme. 6 common, recognized and es- tablished Amendments i president to see them faith- fully executed 2 LEGISLATIVE POWERS— vested in congress — see Con- gress. LOANS— , authority to make i M MARQUE AND REPRISAL— letters of ^ MILITIA— , to be called out J to be officered by the State.. 1 to be commanded by the pres- ident INDEX TO U. S. CONSTITUTION. 13 MILITIA— Continu.- OUDER— of one house requiring the concurrence of the other. ... 1 I'ARDONS— r I. .JK^J«*.l,'!'^"' '"*>■ Krant 2 I ATI'jNT s — j" be granted to Inventors.... 1 held to service or labor, their Importation or migration into the I'nited States may be prohibited after ISOS.. i ••si aping from one state to another shall be delivered up rKTlTION— """"*'' '" »«"-vlce. 4 lirtlvCY— ' Amendments I congress to prescribe punish- n-.ent for 1 I'.>ST.«>|-I-ICES AND POST-ROADS- estal>H8hmi-nt of . . . i nut il'l. gated to congress nor prohibited to the States are resirved Amendments 10 legislative — see nmrrat .■xecutlve— see tm.dtHl. from foreign powers to public officers prohibited 1 Sec. 10 s s •I 10 1 s I'KIOSS— freedom of Aiiu'iuliiunt..'i PRICSIDKNT OF THE UNITlOl, ST vested with the executive power shall be chosen for four years how elected *"*"",*;„■ ■ •; Amendnient-s : fiualifications for who will act In case of vacancy lompeii.satioM of sliall take an oath of office!!! may be removed by impeach- ment commander of army, navy arid militia . may require tlie written opin- ions of the heads of depart- ments may reprieve and pardon ! ! ! ' may make treaties with the consent of the senate... may appoint to office with the consent of the senate shall nil up vacancies happen- ing during the recess of the senate shall give Information to con- gress and recommend meas- ures may convene botiv houses or either house may adjourn them In case of .-rs of congress of citizens. (See citizens: also rights') PROI'IJHTV— congress to provide for care of public .-iliall not be taken for public use without Just compensa- „,...?"'" Amendments PINISHMENTS — cruel and unusual, prohibited Amendments I y QVARTERING— of troops Amendments ; Ql OKl'M — for business, what shall be a . . 1 of States In choosing a presi- dent by the liouse of repre- sentatives i Art. 1 ATI R REBELLION- disabilities incurred bv reason of participation in RECEIPT.^ Amendments H and expenditures, accounts of to be published I RECORDS- how to be authenticated 4 RELIC.ION— no law to be made prohibiting free exercise of Amendments I religious test not riMiuired.. i; REPRESENTATIVES. HOUSE OF— composed of members chosen every second year i fiualifications of voters i <|ualification of members 1 Amendments 1 4 apportlonnvnt of i apriortlonmint of.Amendments 11 vacancli's. how supplied I shall choose their officers.... 1 shall have tile power of ini- peachment i sliall l>e the Judge of tlie elec- tion anil i|Uallficntinns of Its memhi-rs \ what sluill ill- a i|uorum ! 1 Sec. CS — 1 1 14 INDEX TO U. S. CONSTITUTION. REPRESENTATIVES— HOUSE OF— Continued. Art. &ec. any number may adjourn, and compel the attendance of absentees 1 * REPRESENTATION— basis of, when reduced. .. Amendments 14 i REPRIEVES-- 9 ■> granted by the president i- SENATE AND SENATORS— how chosen, classed and terms of service } qualifications of senators..... i ^ Amendments 14 vice-president to be president of the ■ ■ \ shall choose their officers.... i shall be the judge of the elec- tion and qualifications of its members • what number shall be a quo- rum ; any number may adjourn, and compel the attendance of ab- sentees • \ may determine its rules...... i may punish or expel a member 1 shall keep a journal and pub- lish the same, except parts requiring secrecy '■ shall not adjourn for more than three days, nor to any other place, without the con- sent of the other house 1 one-fifth may require the yeas and nays /•■;' may propose amendments to bills for raising revenue l shall try impeachments i effect of their judgment on impeachment ^ compensation to be ascer- tained by law \ privileged from arrest • i not questioned for any speech or debate ; \' ' ck' ' \ shall not be appointed to office 1 senator shall not be elect or 2 SENATORS AND REPRESENTATIVES- elections of. how prescribed.. 1 SERVITUDE. INVODUNTAR\— - prohibited, except as punish- ment for crime .Amendments 13 not to exist within the United States or any place subject- to their jurisdiction......... ' Amendments 13 SLAVES-^ . ,, ^, their importation may be pro- hibited after 180S 1 escaping from one State to an- other mav be reclaimed 4 SOLDIERS— not quartered on citizens. .... _. Amendments 3 SPEAKER—' , how chosen freedom of Amendments 1 every guaranteed a republic- an'form of government pro- tected bv United States 4 STATES PROHIBITED FROM— entering into treaty, alliance or confederation \ granting letters of marque... l coining money \ emitting bills of credit .... .. i making anything a tender but gold and silver coin.. i passing bills of attainder, ex post facto laws, or laws im- pairing contracts } granting titles of nobihty . ... 1 laying duties on imports and exports • \ laving duties on tonnage 1 keeping troops or ships of war In time of peace ^ 1 by 1 the 10 10 10 10 10 10 10 10 10 WAR— ^ , , congress to declare .. ^ ^^^f?r^^eI?Ses and seizures. wjienandhowthe^-^shan-- ^ WITNESS— in criminal cases, no one com- pelled to be against himself . . Amendments ■> WEIGHTS AND MEASURES— standard of T TEAS AND NATS— enterei on journal STATES PROHIBITED FROM— Continued. Art. Sec. entering into any agreement or contract with another State or foreign power 1 10 engaging in war 1 10 denying or abridging the right of citizens to vote Amendments 15 1 STATES — new. may be admitted into the Union 4 i mav be formed within the jur- isdiction of others, or by the junction of two or more, with the consent' of congress and the legislatures con- cerned ^ ' STATE JUDGES — bound to consider treaties, the Constitution and the laws under it as supreme 6 SUITS AT COMMON DAW — proceedings in .. .Amendments i SUPREME COURT— (See courts and judiciary.) T TAX DIRECT— according to representation. . . 1 shall be laid only in propor- tion to census 1 TAIX— on exports prohibited 1 TENDER— , , •what shall be a legal 1 TERRITORY — or public property, congress may make rules concerning. 4 TEST— ^ -AC religious, shall not be required 6 TITLES — (See nobility.) rprfpT J^ from foreign State prohibited TREASON — defined ••••:•• two witnesses or confession necessary for conviction.... punishment of may be pre- scribed by congress TREASURY— money drawn from only appropriation TREATIES- , how made " the supreme law » States can not make i VACANCIES — happening during the recess may be filled temporarily by ^ the president in representation in congress. how filled ^i^-,;,;,™ VETO OF THE PRESIDENT— effect of and proceedings on. 1 VICE-PRESIDENT OF THE L. S.— to be president of the senate. 1 how elected ,•••;■ -.Z how elected Amendments 1.; shall in certain cases dis- charge the duties of presi- ^ dent ; .* ■ may be removed by impeach- _^ ment VOTE — . . of one house requiring concurrence of the other W 10 IC ACT OF ADMISSION OF MISSOURI. AN ACT TO AUTIIOKIZH TlIC I'KOl'I.K OF Till': .MISSOIUI TIQRRITORY TO FORM A CONSTITUTION AND STATE GOVERNMENT, AND FOR THE ADMISSION OF SUCH STATE INTO THE UNION ON AN EQUAL FOOTIN;} WITH THE ORIGINAL STATES, AND TO PROHIBIT SLAVERY IN CERTAIN TERRITORIES. Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the inhabitants of that por- tion of the Missouri Territory included within the boundaries hereinafter desisnated, be and they are hereby authorized to form for themselves a Constitution and State Government, and to assume such name as they shall deem proper; and the said State, when formed, shall be admitted into the Union upon an equal footing with the original States, in all respects whatsoever. Sec. 2. And be it further enacted. That the said State shall consist of all the territory included within the following boundaries, to wit: Beginning in the mid- dle of the Mississippi river, on the parallel of thirty-six degrees of north latitude; thence west, along that parallel of latitude, to the St. Francis river; thence up and following the course of that river, in the middle of the main channel thereof, to the parallel of latitude thlrty-slx degrees and thirty minutes; thence west along the same to a point where the said parallel Is Intersected by a meridian line passing through the middle of the mouth of the Kansas river, where the same empties into the Missouri river; thence from the point aforesaid, north, along lh(> said meridian line, to the Intersection of the parallel of latitude which i)asses through the rapids of the river Des Moines, making the said line to correspond with the Indian boundary line; thence east from the point of Intersection last aforesaid, along the said parallel of latitude, to the middle of the channel of the main fork of the said river Des Moines; thence down and along the middle of the main channel of the said river Des Moines, to the mouth of the same, where it empties into the Missis- sippi river; thence due east to the middle of the main channel of the Mississippi river; thence down and following the course of the Mississippi river, in the middle of the main channel thereof, to the place of beginning: Provided. That said State shall ratify the boundaries aforesaid: (o) and provided also. That the .said State shall have concurrent jurisdiction on the river Mississippi, and every other river bordering on the said State, so far as the said rivers shall form a common bound- ary to the said State and any other State or States, now or hereafter to be formed and bounded by the same — such rivers to be common to both; and that the river Mississippi, and the navigable rivers and waters leading to the same, shall be common highways, and forever free, as well to the inhabitants of the said State as to the other citizens of the United States, without any tax, duty. Impost or toll therefor Imposed by the said State. Sec. 3. And be it further enacted, That all free white male citizens of the United States, who shall have arrived at the age of twenty-one years, and have resided In said territory three months previous to the day of election, and all other persons qualified to vote for representatives to the General Assembly of the said territory, shall be qualified to be elected, and they are hereby qualified and author- ized to vote, and choose representatives to form a convention, who shall be ap- portioned amongst the several counties as follows: From the county of Howard, five representatives; from the county of Cooper, three representatives; from the county of .Montgomery, two representatives; from the county of Pike, one represent- ative; from the county of Lincoln, one representative; from the county of St. Charles, three representatives; from the county of Franklin, one representative; from the county of St. Louis, eight representatives; from the county of .lefferson, one representative; from the county of Washington, three representatives; from the county of Ste. Genevieve, four representatives; from the county of Madison, one to) The territory now covered by the I of June 7, 1836. Annexed to the State of counties of Andrew. Atchison. Hiiclmnan. 1 Missouri. As to the boundaries of the Holt, Nodnwny and Plntte. known as the City of St. LiOtils. see Scheme Sec. I: also Platte purchase, was by act of Congress I Charter Art. I. See. 2. 18 ACT OF ADMISSION OF MISSOUUI. representative; from the county of Cape Girardeau, five representatives; from tne rounty of New Madrid, two representatives; from the county of Wayne, and that portion of the county of Lawrence that falls within the Doundaries herein desig- nated, one representative. And the election for the representatives aforesaid shall be holden on the first Monday, and two succeeding days, of May next, throughout the several counties aforesaid, in the said territory, and shall be in every respect held and conducted in the same manner, and under the same regulations, as pre- scribed by the laws of the said territory regulating elections therein for members of the General Assembly, except that the returns of the election in that portion of Lawrence county included in the boundaries aforesaid shall be made to the county of Wayne, as is provided in other cases under the laws of said territory. Sec. 4. And. be it further enacted. That the members of the convention thus duly elected shall be, and they are hereby authorized to meet at the seat of gov- ernment of said territory, on the second Monday of the month of June next; and the said convention, when so assembled, shall have power and authority to adjourn lo any other place in the said territory which to them shall seem best for the con- venient transaction of their business; and which convention, when so met, shall first determine, by a majority of the whole number elected, whether it be or be not expedient at that time to form a constitution and State government for the lieople within the said territory, as included within the boundaries above desig- nated; and if it be deemed expedient, the convention shall be and hereby is author- ized to form a constitution and State government, or, if it be deemed more expedi- ent, the said convention shall provide by ordinance for electing representatives to form a constitution or frame of government; which said representatives shall be chosen in such manner, and in such proportion, as they shall designate, and shall meet at such time and place as shall be prescribed by the said ordinance, and shall then form for the people of said territory, within the boundaries aforesaid, a con- stitution and State government: Provided. That the same, whenever formed, shall be republican and not repugnant to the Constitution of the LTnited States, and that the Legislature of said State shall never interfere with the primary disposal of the soil of the United States, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers, and that no tax shall be imposed on lands the property of the United States; and in no case shall non- resident proprietors be taxed higher than residents. Sec. 5. And. be it further enacted. That, until the next general census shall be taken, the said State shall be entitled to one representative in the House of Repre- sentatives of the United States. Sec. 6. And. be it further enacted. That the following iiroijositions be and the same are hereby offered to the convention of the said Territory of Missouri, when formed, for their free acceptance or rejection, which, if accepted by the convention, shall be obligatory upon the United States: First. That section numbered sixteen in every township, and when such section has been sold or otherwise disposed of. other lands equivalent thereto, and as con- tiguous as may be, shall be granted to the State for the use of the inhabitants of such township, for the use of schools. Second. That all salt springs, not exceeding twelve in number, with six sections of land adjoining to each, shall be granted to the said State for the use of said State — the same to be selected by the Legislature of the said State, on or before the first day of January, in the year one thousand eight hundred and twenty-five, and the same, when so selected, to be used under such terms, conditions and regulations as the Legislature of said State shall direct: Provided. That no salt spring, the light whereof now is or hereafter shall be confirmed or adjudged to any individual cr individuals, shall, by this section, be granted to said State; and. provided also. That the Legislature shall never sell or lease the same at any one time for a longer period than ten years without the consent of Congress. Third. That hve per cent of the net proceeds of the sale of lands lyin.g within the said Territory or State, and which shall be sold by Congress from and after the first day of January next, after deducting all exjienses incident to the same, shall lie reserved for making public roads and canals, of which three-fifths shall be a]i- plied to those objects within the State, under the dierction of the Legislature thereof, and the other two-fifths in defraying, under the direction of Congress, the expenses to be incurred in making of a road or roads, canal or canals, leading to the said State. Fourth. That four entire sections of land be and the same are hereby granted to the said State, for the purpose of fixing their seat of government thereon, whlcii said sections shall, under the direction of the I^egislature of said State, be located, as near as may be. in one body, at any time, in such townships and ranges as the Legislature aforesaid may select, on any of the public lands of the United States; Provided. That such locations shall be made prior to the public sale of the lands of the United States surrounding such location. ACT OF ADMISSION OF MISSOURI. 17 Fifth. Thai thirty-six sections, or one entire township, whkh sliiUl be desig- nated by the President of the United States, together with the other lands hereto- fore reserved for that purpose, shall be reserved for the use of a seminary of learn- ing, and vested In the Legislature of said State, to be appropriated solely to the u.se of such seminary by the said legislature: rrovidcd. That the five foregoing prop- ositions herein offered are on the condition that the convention of the said State shall provide, by an ordinance, Irrevocable without the consent of the United States, that every and each tract of land sold by the United States, from and after the first day of January next, shall remain exempt from any tax laid by order or iiiuliT llie aiilhorltyoltheState. whftherfor Stale, county or township, or any other purpose whatever, for the term of five years from and after the day of sale; and ftirtlur. That the bounty lands granted or hereafter to be granted for military services during the late war, shall, while they continue to be held by the patentees, or their heirs, remain exempt as aforesaid from taxation for the term of three years from and after the dale of the patents respectively, {b ) Sec. 7. And be it further enacted. That in case a constitution and State Gov- ernment shall be formed for the people of the said Territory of Missouri, the said convention of Representatives, as soon thereafter as may be, shall cause a true and attested copy of such constitution or frame of State Government as shall be formed or provided to be transmitted to Congress. Sec. S. And. he it further enacted. That in all that territory ceded by France to the United States, under the name of Louisiana, which lies north of thirty-six degrees and thirty minutes, north latitude, not included within the limits of the State contemplated by this act. slavery and involuntary servitude, otherwise than In the punishment of crimes, whereof the parties shall have been duly convicted, shall be and is hereby forever prohibited. Provided aluaps. That any person escaping into the same, from whom labor or service is lawfully claimed in any State or Territory of the United States, such fugitive may be lawfully reclaimed and con- veyed to the person claiming his or her labor or service aforesaid, (c ) Approved March 6, 1820. (4) Edwards v. Lesueur. 132 M. (c) In pursuance of the provisii.n.s ni this act. members of the convention were elected to form a constitution and state Rovernment. Ttiey assembled at St. Louis on the 13th of June. 1S20. and determined that It was expedient to form a constitu- tion and state government, and havlnff ac- cepted the live propositions offered by the sixth section of the at>ove act. passed an ordinance, which was tinallv slcned on the 19th of July. 1S20. A constitution was formed whereby the boundaries mentioned In the second section of the above act were ratllled, and a new state established t»y the name of the State of Missouri. .\Kreeably to the seventh section of the altove act. an attested copy of tho consti- tution was transmitted to ConRress. Un- der this constitution. In August. 1820. the people held a general election, at which state and county officers were chosen and the state government organized. l-"ro!ii this cause the records of the state dat- the admission of Missouri into the union from August. 1820. A re.solutlon wa^ In- troduced In congress for the unconditional admission of the State Into tho Union, as had been the uniform course In r»-iylior. to other new states. This resolution was. however, defeated; and linally. after much discussion, a resolution was passed for ad- mitting the state on a certain condition. The legislature of Missouri, on the 27th day of June. 1821. accepted the condition, protesting at the same titne against the right of congress to impose it. and on the 10th of August, 1821. the President of tho United States Issued his proclamation an- nouncing the acceptance by this state of the condition. ORDINANCE OF ACCEPTANCE. AN ORDINANCE DKCLARING THE ASSENT OF THE PEOPLE OF THE STATE OF MISSOURI. BY THEIR REPRESENTATIVES IN CONVENTION ASSEMBLED. TO CERTAIN CONDITIONS AND PROVISIONS IN THE ACT OF CONGRESS OF THE SIXTH OF MARCH. ONE THOUSAND BIGHT HUNDRED AND TWENTY. EN- TITLED "AN ACT TO AUTHORIZE THE PEOPLE OF MISSOURI TERRITORY TO FORM A CONSTITUTION AND STATE GOVERNMENT. AND FOR THE ADMIS- SION OF SUCH STATE INTO THE UNION ON AN EQUAL FOOTING WITH THE ORIGINAL STATES. AND TO PROHIBIT SLAVERY IN CERTAIN TERRITORIES." PROPOSITIONS. School land.s. Salt springs and six sections adjoining each. Proviso in favor of confirma- tions to individuaLs. Funds for roads and canals. Lands for locating permanent seat of government. University- lands. Propositions accepted. Lands exempt from taxation. Modification of proposition concern- ing tax on lands proposed. This ordinance irrevocable without the consent of the United States. Whereas. The act of Congress of the United States of America, approved March the sixth, one thousand eight hundred and twenty, entitled "An act to authorize the ])eople of Missouri Territory to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States, and to prohibit slavery in certain territories." contains certain requisitions and provisions, and. among other things, has offered to this Convention, when formed, for and in behalf of the people inhabiting this State, for their free accept- ance or rejection, the five following propositions, and which, if accepted by this Convention in behalf of the people, as aforesaid, are to be obligatory on the United States, viz.: First. That section numbered sixteen in every township, and when such section has been sold or otherwise disposed of, other lands equivalent thereto, and as con- tiguous as may be, shall be granted to the State, for the use of the inhabitants of such townshij) for use of schools. Secutid. That all salt springs, not exceeding twelve in number, with six sections of land adjoining to each, shall be granted to the said State for the use of said State, the same to be selected by the Legislature of said State on or before the first day of January, in the year one thousand eight hundred and twenty-five and the same, when so selected, to be used under such terms, conditions and regulations as the Legislature of said State shall dii-ect: Prox-ided. That no salt spring, the right whereof now is, or hereafter shall be, confirmed or adjudged to any individual or individuals, shall by this section be gi'anted to said State: and provided, also. That the Legislature shall never sell or lease the same, at any one time, for a longer period than ten years, without the consent of Congress. Third. That five per cent of the net i)roceeds of the sale of lands lying within the said Territory or State, and which shall be sold by Congress from and after the first day of January next, after deducting all expenses incident to the same, shall be reserved for making public roads and canals, of which three-fifths shall be ap- idled to those objects within the State, under the direction of the Legislature thereof, and the other two-fifths in defraying, under the direction of Congress, the expenses to be incurred in making of a road or roads, canal or canals, leading to the said State. Fourth, That four entire sections of land be. and the same are hereby granted to said State for the ])urpose of fixing their seat of government thereon: which said sections shall, under the direction of the Legislature of said State, be located as near as may be in one body, at any time, in such townships and ranges as the I^egislature aforesaid may select, on any of the public lands of the United States: Pro\-ided, That such location shall be made prior to the public sale of the lands of the United States surrounding such location. Fifth. That thirty-six sections, or one entire township, which shall be desig- nated by the President of the United States, together with the other lands (IHDIS VNCK OK ACl'KI'TAMK. I!) heretofore reserved for that purpose, shall be reserved for the use of a seminary of learning, and vested in the Legislature of said State, to be appropriated solely for the use of such seminary by the Legislature. Now This Co.nvkntion. for and in behalf of the people inhabiting this State, and by the authority of the said people, do accept the five before recited proposi- tions, offered by the act of Congress under which they are assembled; and, in pursuatice of the conditions, requisitions and other provisions in the before recited act of Congress contained, this Convention, for and in behalf of the people inhabit- ing this State, do ordain, agree and declare, that every and each tract of land sold by the I'nited States from and after the first day of ,Ianuary next, shall remain exemiit from any tax laid by order or under the authority of the State, whether for State, county or township, or any other purpose whatever, for the term of five years from and after the respective days of sale thereof; and that the bounty lands granted, or hereafter to be granted, for military services during the late war, shall, while they continue to be held by the patentees or their heirs, remain exempt, as aforesaid, from taxation for the term of three years from and after the date of the patents respectively: Proiided, nercrtheless. Thai if the Congress of the I'nited States shall ccuisent to repeal and revoke the following clause in the fifth proposition of the sixth section of the act of Congress before recited, and i'l these words, viz.: "That every and each tract of land sold by the United States from and after the first day of January next, shall reiualn exempt from any tax laid by order or under the authority of the State, whether for State, county or township, or any purpose whatever, for the term of five years from and after the day of sale; and. further." that this Convention, for and in behalf of the peojjle of the State of Missouri, do hereby ordain, consent and agree that the same be so revoked and repealed: without which consent of the Congress, as aforesaid, the said clause to remain in full force and operation, as first above provided for in this ordinance: and this Convention doth hereby request the Congress of the I'nited States so to modify their third proposition, that the whole amount of five per cent on the sale of public lands therein offered may be applied to the con- struction of roads and canals, and the promotion of education within this State, under the direction of the Legislature thereof. And this convention, for and in behalf of the people inhabiting this State, and by the authority of said people, do further ordain, agree and declare that this ordinance shall be irrevocable with- out the consent of the United States, (a) Done in Convention, at St. Louis, in the State of Missouri, this nineteentn day of July, in the year of our Lord one thousand eight hundred and twenty, and of the independence of the United States of America the forty-fifth. ' By order of the Convention. DAVID BARTON, President. Attest: \VM. G. PETTUS, Secretary. ( ) Airrotiibly to the oonipnct formed between the United Stntes and the State of Missouri, ttie seliool lands mentioned in the llrst proposition have tieen appropri- ated to the use of eoninion schools. Piie salt springs ami lands adjoining have been selected anil disposed of. The lands for the location of the seat of government have t>een seleete taken for private use — for public use. 21. Private property taken for public use — compensation. SECTION iht of ac- 9. 10. 11. 12. 13. 14. 15. 16. 17. IS. 19. 20. 23. 24. 25. 26. 27. 28. 30. 31. Criminal prosecution. cused. No self-crimination, nor twice in jeopardy. Bail allowed, when. Excessive bail and fines, and cruel punishments, forbidden. Writ of habtui corpus shall not be suspended. Military subject to civil power. Trial by jury — grand jury to con- sist of twelve men. Right of petition and remonstrance guaranteed. Due process of law. Slavery and involuntary servitude forbidden. 32. Reservation of rights. ARTICLE III — The Distribution of Powers. SECTION 1. Powers divided into thr.e depart- ments. ARTICLE IV — Legislative Department SECTION I. Vested in general assembly. REPRESENTATION AND APPORTION- MENT. 2 Time of electing representatives — ratio of apportionment. 3. Division of counties into representa- tive districts. 4 Qualifications of representatives. 5. Thirty-four senators — senatorial districts. . 6 Qualifications of senators — division of counties into senatorial dis- tricts. 7 Rule of apportionment for senators and representatives — to be revised and adjusted on the basis of the United States census. 8. Number of representatives — how distributed. 9 Districts may be altered. 10. First election ot senators and rep- resentatives. II. The present senatorial districts. COX8T1TLTION OK THE STATE OK MI^SU^nI. 21 SECTION 12. Senators and representatives cannot hold another office — certain of- ficers not eligible. 13. Removal of residence vacates ot- flce. 14 Writs of election to All vacancies. la. Oath of offlcc, refusal to take, pen- alty for violation of. 16. Pay of member.s and expenses of committees. 17. Organization — punishment of dis- orderly members and other per- sons. 18. Quorum — compelling attendance of absent members. 19. Doors to be open. 20. Time of meeting. 21. Adjournment for more than three days. 22 Adjournment for three days or less. 23. Adjournment without consent, or to another place. LEGISLATIVE PROCEEDINGS. 24. Stvle oi laws. 25. Laws to be passed by bill — amend- ments. 26. Bills, where to originate — amend- ments to be read on three differ- ent days. 27. Bills to be reported upon and printed. 2S. Bills to contain but one subject. 29. Amendments to be engrossed and printed. 30. Proceedings when bills are returned amended. 31. Final vote on a blil. 32. Vote on amendments and reports of committees. 33. Reviving and re-enacting laws. 31. Amendments by striking out and inserting words. 35. Motion to reconsider. 36. When laws -shall take effect. 37. Bills to be signed by presiding of- ficers, objections to be disposed of. 3S. Bills presented to governor for ap- proval. 39. Proceedings when a bill Is returned without approval. 4ft. Failure of governor to perform duty, bill to be enrolled as an au- thentic act. 41. Revising the laws. 42. Each house shall publish a Journal — yeas and nays demanded, not- ing names of absentees. LIMITATION ON LEGISLATIVE POWER. 43. Revenue to be paid into treasury — order of appropriations. 4 1. Power of the legislature to create debts and liabilities limited. 45. State's credit cannot be pledged — one exception. 46. Grants of public money prohibited, except in case of pul>llc calamity. 47. Municipalities cannot lend their credit nor become stockholders. 4S. Extra allowance to officers and payment of unduthorlzed con- tracts porhlblted. 49. Subscriptions by the state pro- hibited. 50. State Hen nn railroads not to be re- leased. 51. Corporation indebtedness shall not he released. 52. Payment of the war debt. 61. Special legislation prohibited — spe- cial acts niav be repealed. 54. Notice of applUation for the enact- ment of local laws. 55. Business of extra session. 56. Sent of government to remain at Jefferson City. ARTICLE V — Executive Department. SECTION 1. Executive officers, place of resi- dence and dULies. 2. Terms of office — when elected — I certain officers Ineligible as their ' ou'n successors. I 3. Keturns of elections for executive officers— tie. how determined. 4. The supreme executive power. B. Qualtlcatlons of governor. 6. Duties of governor, generally. 7. Governor may call out militia and command them. 8. Pardoning power. 9. Governor shall give Information to general assembly — may call extra sessions. 10. Governor's message — to account for moneys and furnish estimates of expenses. 11. Vacancies In office, how filled. 12. Bills presented to governor for ap- proval. 13. Governor may object to a portion of a bill. , „ . 14. Resolutions to be approved — effect of resolutions. Ki. Quallticatlons and duties of lieuten- ant-governor. 16. Lieutenant-governor to act as gov- ernor, when. 17. President of the senate — other per- sons to act as governor. 18. Pav of lieutenant-governor. 19. Qualltlcatlons of executive officers. 20. Seal of the state to be kept by sec- retary of state. 21. Duties of secretarv of state. 22. Accounts and reports of executive officers, penalty for false report. 23. Commissions of officers. 24. Pay of executive officers — fees to be paid Into state treasury. 2."). Contested elections of executive of- ficers. ARTICLE VI— Judicial Department. SECTION 1. Judicial power, where vested. 2. Jurisdiction of supreme court. 3. Superintending control of supreme court — power to issue writs. 4. Term of office of Judges — chief Jus- tice. 5. Quorum, number of judges, their duties. G. Qualifications of Judges of supreme court. 7. Full term of judges to commence, when. 8. Term of present Judges, elections to nil their places. 9. Time and place of holding supreme court. 10. Accommodations for supreme court. 11. Judges divided In opinion. 12. St. Louis court of appeals. Jurisdic- tion of — appeals to supreme court. 13. Judges of court of appeals, their number, elections, qualifications and pay. 14. Duties of judges — quorum — terms of court. 15. Opinions and practice In court of appeals. 16. Election of Judges — terms of office — presiding Judge. 17. Appointment of judges by the gov- ernor. 18. Clerk of court of appeals. 19. Cases in supreme court to be certl- lUid to court of appeals. 20. Cases triable within what time. 21. Records of supreme court at St. I.,4iuls and St. Joseph. 22. Jurisdiction anu terms of circuit court. 23. Superintending control of circuit court. 24. Judicial circuits — may be changed. etc. — one Judge to each. CONSTUUTION OF THE STATE OF MlSSoUUf. SECTION 25. Election, terms of office and duties of circuit judges. 26. Qualifications of circuit judges. 27. Circuit court of St. Louis county — appellate jurisdiction of court of appeals. 28. Provisions for additional judges. •29. When judge of neighboring circuit may preside. 30. Election of judges — ties and con- tested elections. 31. Criminal courts. 32. Vacancy in office of judge. ■ 33. Salaries of judges not to be in- creased or diminished. 34. Probate courts, jurisdiction of. 35. Jurisdiction — practice — cb-rks MEXT 1 S*»0. SECTION S. 9. 10. 11. 12. Time of holding elections. Qualifications of voters. Mode of conducting elections. Voters privileged from arrest. Registration of voters. Elections by persons in representa- tive capacity. Gaining or losing residence. Paupers and criminals dis(iualified. Contested elections generally. Persons convicted of crime. United States soldiers not to vote. Aliens, etc., cannot hold office Supreme court, number of judges, two divisions. 2. Appointment of judges, election terms, divisions, chief justice. 3. Assignment of causes. practice. opinions, issue of writs. 4. Judges equally divided, transfer of cause, fi. Divisions to be dispensed with, when. 6. Repeal of inconsist«*nt provisions. ARTICLE VII — Tnii)e:ichments. SECTION 1. Who lial)le and for what causes. 2. Trial of impeachments, punishment. ARTICLE VIII — Suffrage and Elections. ARTICLE IX — Counties. Cities and Towns. SECTION 1. Existing counties recognized. 2. Removal of county seats. 3. New counties — counties cannot be reduced below the ration of rep- resentation. 4. Portion of county stricken off and added to another. r». Liability of new counties. 6. Becoming stockholders, etc.. pro- hibited — provision as to existing subscriptions. 7. Organization and classification of cities and towns. 5. Township organization — justices of county court. 9. Abandoning toT\'nship organization. 10. Sheriffs and coroners. 11. Vacancy in office of sheriff and coroner. 12. Fees of county officers. 13. Fees of officers generally — quar- terly returns. 14. Provisions for extra officials. 15. Consolidation of city and county governments. 16. Charters of large cities, how framed and adopted. 17. Certain features of such charters. 18. No person can hold two offices. when. 19. Excess of municipal indebtedness, how paid. ST. LOT IS. 20. May extend her limits and adopt a charter. 21. Authentication of charter, judicial notice of. 22. Amendment of charter. 23. Certain special provisions. 24. Courts of St. Louis county — eighth judicial circuit. 2."». St. Louis remains subject to general law. ARTICLE X — Revenue and Taxation. SECTION 1. The taxing power. 2. Power to tax corporations. 3. Taxes to be collected for public purposes and to be uniform. 4. Property to be taxed in proportion to value. 5. Taxing of railroads. 6. Exemptions. 7. Other exemptions void. 8. Rate for state purposes. 9. Municipalities liable for state taxes. 10. Taxes for municipal purposes. 11. Rate and valuation for municipal purposes. 11a- Special road tax levy authorized. 12. Limitation on municipal indebted- ness. 12a. Indebtedness for waterworks, etc., in certain cities. 13. Private property cannot be sold for municipal debts. H. Ordinance of 1865 — payment of bonded debt. 15. State funds to be deposited in bank. 16. Treasurer's accounts. quarterly statements. 17. Speculation in public funds pro- hibited. 18. State board of equalization. 19. Appropriations generally — state- ment of receipts and expendi- tures, 20. Moneys arising from loans, how ap- plied. 31. Dues from corporations on their capital stock. 26. Certificates of indebtedness — levy to pay interest on. CONSTITUTION OF TUB STATE OF MISSOURI. 23 AHTICI.K XI — E'ldiiratlon. SKOTION 1. Free schools for persons between ages of six and twenty years. 2. Custody of school fund — certain dis- tricts not entitled to any portion of funds. 3. Schools for colorinl children. 4. Board of education. 5. State university. 6. Public school fund. 7. Uetlelency In public sehool fund. 8. County school fund. ». Investment of public school fund. 10. Investment of county school fund. 11. Funds shall not be used for relig- ious or sectarian purposes. AHTICLK XII— Corporations. SKCTION 1. KxlstlnR unortranlzed corporations. To be crated, etc.. by general laws. :i. Forfeited charters. 4. RlKht of eminent domain — jury trials. Subject to police power of the state. Election of directors. Not to ensase in othnt discrimination. !'■ To keep a public office and books — meetings and reports of directors. 16. Property liable to execution. 17. Parallel lines, shall not consolidate nor be managed jointly. IS. Consolidation with foreign com- panies. 19. Laws In favor of. and Imposing a new liability on the people. Street railroads. Benefit of future legislation. Officers not to he Interested in busi- ness of company. Discrimination between companies and Individuals. Granting free passes to public of- ficers prohibited. BANKS. ;.i No state bank shall be created — state shall not own stock In banks. 26. Ijiws creating bankH to be submit- ted to the people. !7 Receiving deposits after bank Is In- solvent. ART1CL1-; .XIII— Mlllta. SECTION. 1. Persons liable to mlUtarv duty. Organization of militia. 3. Election of officers. 4. Volunteer comi)ani<*s. Militia privileged from arr».'St. Appointment of officers by the gov- ernor. 7. Public arms and military records. ARTICLE XIV — Miscellaneous Provisions. SECTION 1. Public lands — lands of the United States exempt from taxation — taxing non-residents. 2. Prosecutions tor acts done under military authority forbidden. Dueling — the offender cannot hold office. 4. Officers of the United States not eligible to state oftlce. .^. Present officers to remain in office. 6. Oath of office generally. 7. Removal for misdemeanor in office. 5. Fees not to bo increased nor term of oftlce extended. 9. Appointment of officers. 10. Lotteries prohibited. 11. Investigation by grand jury. 12. Legislators provlleged from arrest — freedom of debate. ARTICLE XV — Mode of Amemllng the Constitution. SECTION 1. Constitution may be amended. 2. Amendments proposed and submit- ted to the people. 3. Convention may be called. SCHEDULE. 1. Provision as to existing laws, rights and actions. 2. Provision as to existing obligations, prosecutions, etc. S. Existing county and probate courts. 4. Criminal courts. ■>. Courts of cotnmon pleas, fi. Existing officers to continue. 7. Appeals returnable to JelTerson City. 5. Provision for payment of bonded debt. 9. Constitution to be submltteil to a vote of the people. 10. Clerks to furnish poll-books and ballots. 11. Form of ballots. 12. Returns of election — proclamation by governor. 13. Result of election — constitution to take effect, when. 14. Schedule to take effect Immediately. 15. Laws to enforce constitution. 16. Provision as to existing executive officers. 17. Preliminary examinations and ar- rests. 24 CONSTITUTION OF THE STATE OF MISSOUKI. (ARTS. I AND II PREAMBLE. We, the people of Missouri, with profound reverence for the Supreme Ruler of the Universe, and grateful for His goodness, do, for the better government of the State, establish this Constitution. ARTICLE I. BOUNDARIES. Section 1. Boundaries and jurisdiction. — The boundaries of the State, as heretofore established by law, are hereby ratified and confirmed. The State shall have concurrent jurisdiction on the river Mississippi, and every other river border- ing on the State, so far as the said rivers shall form a common boundary to this State and any other State or States; and the river Mississippi and the navigable rivers and waters leading to the same shall be common highways, and forever free to the citizens of this State and of the United States, without any tax, duty, out the consent of the United States, (a) [.same In substance as Const. 1865. Art. 11, Sec. '2, excepting ttrst sentence.] ARTICLE II. BILL OF RIGHTS. Ih order to assert our rights, acknowledge our duties, and proclaim the prin- ciples on ichich our government is founded, we declare: Section 1. Political power, origin of. — That all political power is vested in and derived from the people; that all government of right originates from the people, is founded upon their will only, and is instituted solely for the good of the whole. |9ame as Const 1865, Art. 1. Sec. 4] Sec. 2. Internal affairs, regulation of. — That the people of this State have the inherent, sole and exclusive right to regulate the internal government and police thereof, and to alter and abolish their Constitution and form of government whenever they may deem it necessary to their safety and happiness: Provided, Such change be not repugnant to the Constitution of the United States. (Same In substance as Const. l^iK, Art. 2, Sec. 6.] Sec. 3. Local self-government not to be impaired. — That Missouri is a free and independent State, subject only to the Constitution of the United States; and as the preservation of the states and the maintenance of their governments are necessary to an indestructible Union, and were intended to co-exist with it, the Legislature is not authorized to adopt, nor will the people of this State ever assent to any amendment or change of the Constitution of the United States which may in any wise impair the right of local self-government belonging to the people of this State. [New section.] Sec. 4. Purpose of governmoiit — natural rights of persons. — That all con- stitutional government is intended to promote the general welfare of the people; that all persons have a natural right to life, liberty and the enjoyment of the gains of their own industry; that to give security to these things is the principal office of government, and that when government does not confer this security, it fails of its chief design. [Same In substance as Const. 186.1. Art. 1, Sec. 1.] Sec. 5. Religious freedom — belief not to affect citizen — liberty of conscience. — That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience; that no person can, on account of his religious opinions, be rendered ineligible to any office of trust or profit under this State, nor be disqualified from testifying, or from serving as a juror; that no human authority can control or interfere with the rights of conscience; that no person ought, by any law, to be molested in his person or estate, on account of his religious persuasion or profession; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, nor to justify practices inconsistent with the good order, peace or safety of this State, or with the rights of others. I same as Const . lRi», .\rt. 1, Sec. 9 1 Sec. 6. Religion, individual support of not compulsory. — That no person can be compelled to erect, support or attend any place or system of worship, or to maintain or support any priest, minister, preacher or teacher of any sect, church, creed or denomination of religion; but if any person shall voluntarily make a contract for any such object, he shall be held to the performance of the same. (Same In substance as Const. 18M, Art. 1, Sec. in.] a. For boundaries of the City of St. Louis see Charter .\rt. I. Sec. 2 and annota- tions thereto; Scheme Sec. 1. ABTlCLEII.l COSSTITI'TION OF STATE OK MlSSOUKl. 25 Sec. 7. RoliRion. Stnto must not aid chiircli. — That no money shall erer be taken from tho public treasury, directly or indirectly, in aid of any church, sect or denomination of reliKion. or in aid of any priest, preacher, minister or teacher thereof, as such; and that no preference shall be given to nor any discrimination made against any church, sect or creed of religion, or any form of religious faith or worship. [rirsi dnuse new. Last clause sume In substance as Const, isiis. Art. 1, fee. 11.] Sec. S. lU-tiuious corporation not to be established. — That no religious cor- poration can be established in this State, except such as may be created under a general law for the purpose only of holding the title to such real estate as may be prescribed by law for church edifices, parsonages and cemeteries. (Const. 1865 limited quantity of land to live acres In country iinil one acre elsewhere. Art. 1, Sec. 12.) Sec. 9. Elections must b*- fren. — That courts of justice shall be open to every person, and certain remedy afforded for every injury to person, property or character, and that right and justice should be administered without sale, denial or delay. ISanie In substance as Const. 1865, Art. 1, Sec. 15.] Sec. 11. Freedom from search and seizure, requisites of warrant. — Thiit the people shall be secure In their persons, papers, homes and effects, from unreason- able searches and seizures; and no warrant to search any place, or seize any per- son or thing, shall issue without describing the place to be searched, or the person or thing to be seized, as nearly as may be; nor without probable cause, supported by oath or affirmation reduced to writing. |>aiiie as Const. IN"!.'", Art. 1, Sec. '.'3, exct-pi words "reiluceci to wrlili\(,'."l Sec. 12. Felonies and misdemeanors prosecuted by indictment or informa- tion. — No person shall be prosecuted criminally for felony or misdemeanor other- wise than by Indictment or information, which shall be concurrent remedies, but this shall not be construed to apply to cases arising in the land or naval forces or In the militia when in actual service in time of war or public danger. [Const. 1S65, Art. 1, Sec. 24. Section us am'Mi.U'il. udoptcd In lUOO. 1 Sec. 13. Treason defined, no attainder, estates of suicides not forfeited. — That treason against the State can consist only in levying war against it. or In adhering to Its enemies, giving them .lid and 'omfnrt; that no person can be convicted of treason, unless on the teE'iiiioiiv of two witnesses to the same overt act, or on his confession in oren court; ihat no i)cr.scn can be attainted of treason or felony by the General Assembly; tha. no conviction can work corruption of blood or forfeiture of estate; that the estates of such persons as may destroy their own lives shall descend or vest as in cases of natural death; nud when any person shall be killed by casualty, there shall be no forfeiture by reason thereof. I Korfvlture for treason umler Const, of lS6ri. Art. 1. Sees. 1*5 and 26. Second and Inst clnusis of above stction not In that Instrnnicnt. 1 Sec. H. Freedom of speech, press — libel, trutli in justification. — That no law shall be passed Impairing the freedom of speech; that every person shall be free to say. write or iiublish whatever he will on any subject, being responsible for all abuse of Ihat liberty; and that In all suits and prosecutions for libel the truth thereof may be given in evidence, and the jury, under the direction of the court, shall determine the law and the fact. (Same In substance as Const. 1S6S, Art. 1. Sec. 27.] Sec. 15. Kx |«>st facto laws, etc., prohibited. — That no rjr post facio law, nor law Impairing the obligation of contracts, or retrospective in its operation, or making any Irrevocable grant of special privileges or immunities, can be passed by the General .Assembly ITlio cinusfS "or mnklnic any Irrevocable grant of si>eclal prlTlleges or Immunities." and '-by the general assembly" arc new Sec. 16. No imprisonMiiiii fur di-ht. That Imprisonment for debt shall not be allowed, except for the non-payment of fines and penalties Imposed for violation of law. [Same In substance as Const. 1S65. .\rt. 1. Sec. 24.] Sec. 17. KiRht to iH-ar arms, when. — That the right of no citizen to keep and bear arms In defense of his home, person and property, or In aid of the civil power, when thereto legally summoned, shall be called In question; but nothing herein contained Is intended to justify the practice of wearing concealed weapons. (Conet. 1865. Art. 1, Sec. 8. modined.] 2f) CONSTITUTION OF THE STAT?; OF MISSOCKf. ART. 11] Sec. 18. Officers to attend personally to duties. — That no person elected or appointed to any office or employment of trust or profit under the laws of this State, or any ordinance of any municipality in this State, shall hold such office without personally devoting his time to the performance of the duties to the same belonging. [New section.] Sec. 19. Collectors, receivers, etc., in default, ineligible to office. — That no person who is now or may hereafter become a collector or receiver of public money, or assistant or deputy of such collector or receiver, shall be eligible to any office of trust or profit in the State of Missouri under the laws thereof, or of any municipality therein, until he shall have accounted for and paid over all the public money for which he may be accountable. [Const. 1S65, Art. 4, Sec. 12. modified.] Sec. 20. Property not to be taken for private use — public use a .judicial question. — That no private property can be taken for private use, with or without compensation, unless by the consent of the owner, except for i)rivate ways of necessity, and except for drains and ditches across the lands of others for agricultural and sanitary purposes, in such manner as may be prescribed by law; and that whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really i)ublic shall be a judicial question, and as such judicially determined, without regard to any legislative assertion that the use is public. [New section.] Sec. 21. Property for public use — compensation. — That private property shall not be taken or damaged for public use without just compensation. Such compen- sation shall be ascertained by a jury or board of commissioners of not less than three freeholders, in such manner as may be prescribed by law; and until the same shall be paid to the owner, or into court for the owner, the property shall not be disturbed or the proprietary rights of the owner therein divested. The fee of land taken for railroad tracks without consent of the owner thereof shall remain in such owner, subject to the use for which it is taken. — (b.) ♦ [New except substance of first sentence. Const. 1865, Art- 1, Sec. 16.) Sec. 22. Rights of accused in criminal prosecutions. — In criminal prosecu- tions the accused shall have the right to appear and defend, in person and by counsel: to demand the nature and cause of the accusation: to meet the witnesses against him face to face; to have process to compel the attendance of witnesses in his behalf; and a speedy, public trial by an impartial jury of the county. [Same in effect as Const. 1865, Art. 1, Sec. IS.] Sec. 23. Accused not conii)elled to testify — twice in .jeopardy, etc. — That no person shall be compelled to testify against himself in a criminal cause, nor shall any person, after being once acquitted by a jury, be again, for the same offense, put in jeopardy of life or liberty: but if the jury to which the question of his guilt or innocence is submitted fail to render a verdict, the court before which the trial is had may, in its discretion, discharge the jury and commit or bail the prisoner for trial at the next term of court, or, if the state of business will permit, at the same term; and if the judgment be arrested after a verdict of guilty on a defective in- dictment, or it judgment on a verdict of guilty be reversed for error in law, noth- ing herein contained shall prevent a new trial of the prisoner on a proper indict- ment, or according to correct principles of law. [Portion of section new. See Con.st. ISiio, Art. 1, Sees. IS and 18.] Sec. 2 4. Bail, when allowed. — That all persons shall be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great. [Same as Const. ISU;".. .-^rt. 1, ?<•(-. I'u. 1 Sec. 25. E.vcessive bail and unusual punishment. — That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual |)unishment inflicted. [Same as Const. 1S65. Art. 1. See. I'l.J Sec. 26. Habeas corpus. — That the privilege of the writ of habeas cori)us shall never be suspended. [Const. 1865. .\rt. 1. Sec. 22, modified.] Sec. 27. Military subordinate to civil power. — That the military shall always be in strict subordination to the civil i)ower; that no soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor In time of war, except in the manner prescribed by law. [Const. 1S65. Art. 1. Sec. 32. modified. J (.6.) See annotations to Charter. Art. 6. ARTS. II. Ill anil IV. CONSTl'lTTIi >N i)K TIIK ST ATK OK MI.-^iOflM . 27 Sec. 28. Trial by jury inviolati ^riiiKl .jury — t\vrlvi> iiit-n. — The riKht of trial by jury, as heretofore enjoyed, sluill remain inviolate, but a jury for the trial of civil and eriniliial cases in courts not of record, may consist of less than twelve men as may be i)rescribed by law; and that a two-thirds majority of such number lirescribed by law concurring may render a verdict in all civil cases: and that in the trial by jury of all civil cases in courts of record three-fourths of the members of the jury concurring may render a verdict. Hereafter a grand jury shall consist of twelve men. any nine of whom coitciirring may find an indictment or a true bill: Provided, however. That no grand jury shall be convened except upon an order of a judge of a court having the power to try and determine felonies: but when so assembled such grand jury shall have power to investigate and return indictments for all character and grades of crime. (Si't! Const. ist;5. Art. I, See. 17. Soctlon, n.s amondi'd (two .•iini-nclini'Hts). adoptoil In I90U. I Sec. -9. IVoplc. riylii ii« as^iiiiiili- ami pi-tilion. — That the people have the right peaceably to assemble for their common good, and to apply to those invested with the |)owers of government for redress of grievances by i)etition or remon- strance. IConst. 1865, .\rt. 1. Ilr.st clause Sec. S.) Sec. 30. Due process of law — person. — That no person shall be deprived of life, liberty or property, without due process of law. (Const. IStJj, .\rt. 1, Sff. IS. tlann' in substance as last olausi-.] Sec. 31. Slavery prohibited. — That there cannot be in this State either slavery or involuntary servitude, e.xcept as a punishment for crime, whereof the party shall have been duly convicted. [Const. l>>G."i. Art. 1. Sfc. 2.] Sec. 32. Rights reserved. — The enumeration in this Constitution of certain rights shall not be construed to deny, impair or disparage others retained by the people. [Now section.] -IKTK'liK III. THK IMSTRIIU'TION OK l>O\V10K8. Thrti- (lipartiiicnts of governnicnt. The iiowers of government shall he divided into three distinct departments — the legislative, executive and judicial each of which shall be confided to a separate magistracy, and no person, or collec- tion of persons, charged with the exercise of powers i)roperly belonging to one of those departments, shall exercise any power belonging to either of the others, oicept in the instances in this Constitution expressly directed or permitted. (Same subslantlally as Const. 1S6.">, .\rt. ?,.] .\RTICLK IV. LEG1SL.\TIVK DEPARTMENT. Section 1. The leKlslative power, subject to the limitations herein contained. ■hall be vested in a Senate and House of Representatives, to be styled "The Gen- eral .\ssembly of the State of Missouri." ISubstantially samp as Const. 1Si;."t. Art. I. Soc. 1.] REPUK.'^KNT.VTION AND .\PP0RT10.N'MI:NT. Sec. 2. Repre.sentutivi-s, apportioumeut. — The House of Rei)reaeutatives shall '■nnslst of members to be chosen every second year by the qualified voters of the several counties, and atiportioned in the following manner: The ratio of repre- i<«ntation shall be ascertained at each apportioning session of the General .Assem- bly, by dividing the whole number of inhabitants of the State, as ascertained hy the last decennial census of the I'nited States, by the number two hundred. Each county having one ratio, or less, shall be entitled to one Representative; each county having two and a half times said ratio shall be entitled to two Representa- tives; each county having four times said ratio shall be entitled to three Repre- sentatives; each county having six limes such ratio shall be entitled to four Repre- sentatives, and so on above that number, giving one additional member for every two and a half additional ratios. tConst. 1SS5. An. ). Sfc. ::, gnv* unr aOdltional member for every three additional rmtlos. 1 •Proposed amendment will »-i- submitted nt the eleutlon In l'JO'4 (Ijiw.i 1907. p. 4.121. 28 CONSTITUTION OF TUE STATE OF MISSOURI. [jUlT. IV Sec. 3. Counties, division of into tlistricts. — When any county shall be en- titled to more than one Representative, the county court shall cause such county to be subdivided into districts of compact and contiguous territory, corresponding in number to the Representatives to which such county is entitled, and in popula- tion as nearly equal as may be, in each of which the qualified voters shall elect one Representative, who shall be a resident of such district: Provided. That when any county shall be entitled to more than ten Representatives, the circuit court shall cause such county to be subdivided into districts, so as to give each district not less than two nor more than four Representatives, who shall be resi- dents of such district — the population of the districts to be apportioned to the number of Representatives to be elected therefrom. [Proviso new. Rest same as last part of Const. ISeTi, Art. 4, Sec. 2.] Sec. 4. Representatives — qualiticatious. — No person shall be a member of the House of Representatives who sliall not have attained the age of twenty-four years, who shall not be a male citizen of the United States, who shall not have been a qualified voter of this State two years, and an inhabitant of the county or district which he may be chosen to represent one year next before the day of his election, if such county or district shall have been so long established, but if not, then of the county or district from which the same shall have been tali6'<. Art. 4. .Sees. 4 and 6.] Sec. 6. Senators, qualifications — counties divided, when. — No person shall be a Senator who shall not have attained the age of thirty years, who shall not be a male citizen of the United States, who shall not have been a qualified voter of this State three years, and an inhabitant of the district whicli he may be chosen to represent one year next before the day of his election, if such district shall have been so long established, but if not, then of the district or dis- tricts from which the same shall have been taken, and who shall not have paid a State and county tax within one year next preceding the election. When any county shall be entitled to more than one Senator, the circuit court shall cause such county to be subdivided into districts of compact and contiguous territory, and of population as nearly equal as may be, corresponding in number with the Senators to which such county may be entitled: and in each of these one Senator, who shall be a resident of such district, shall be elected by the qualified voters thereof. [See Const. 1865. Art. 4, Sec. 5.] Sec. 7. .Apportionment, rule of. — Senators and Representatives shall be chosen according to the rule of apportionment established in this Constitution, until the next decennial census by the United States shall have been taken, and tlie result tliereof as to tliis State ascertained, when the apportionment sliall be revised and adjusted on the basis of that census, and every ten years tliereafter upon the basis of the United States census; or if such census be not taken, or is delayed, then on tlie basis of a State census; such apportionment to be made at the first session of the General Assembly after each census: Provided, That if at any time, or from any cause, the General Assembly shall fail or refuse to district the State for Senators, as required in this section, it shall be the duty of the Governor, Secretary of State and Attorney-General, within thirty days after the adjournment of the General Assembly on which such duty devolved, to per- form said duty, and to file in the office of the Secretary of State a full statement of the districts formed by them, including the names of the counties embraced in each district, and the numbers thereof: said statement to be signed by them, and attested by the Great Seal of the State, and upon the proclamation of the Governor, the same shall be as binding and effectual as if done by the General Assembly. [The proviso and the two preeedinK clauses are new. Const. 1S65. .-Vrt. 4. Sec. 7.] Sec. 8. Representatives, number of until apportionment. — Until an appor- tionment of Representatives can be made in accordance with the provisions of this article, the House of Representatives shall consist of one hundred and forty-three members, which shall be divided among the several counties of the State as fol- lows: The county of St. Louis shall have seventeen; the county of Jackson four; the county of Buchanan three; the counties of Franklin, Greene, ,Iohnsou, Lafay- ette, Macon, Marion, Pike and Saline, each two. and each of the other counties in the State one. [New section.] [Apportionment made as authorized by this section bv act approved March 12th. 1901, See laws 1901.] jjiT. iv.| t;()XSTiTrTioN i>y tmk st.vtk oy Mis.sorn!. 29 Sec. 9. IHsCrlrls, all<-niti<>ii, rniitimiity. — Senatorial and Representative dis- tricts may be altered, fidiii liiiu' in time, as public convenience may require. When any Senatorial district shall be composed of two or more counties, they shall be contiKuous: such district to be as compact as may be, and In the formation of the same no county shall be divided. l"Such cli.Mtrlct.s to lie compact. " etc.. Is new. CVmst. lS«r., Art. 1. Sco. S.J See. 10. Seiintors niid K«'pre.senl«tives, uiieii elected. — The first election of Senators and Representatives, under this Constitution, shall be held at the general election In the year one thousand eight hundred and seventy-six, when the whole number of Representatives, and the Senators from the districts having odd num- bers, who shall comiiose the first class, shall be chosen: and in one thousand eight hundred and seventy-eight, the benators from the districts having even numbers, who shall compose the second class, and so on at each succeeding general election, half the Senators provided for by this Constitution shall be chosen. ICon.st. ISi;.',, .\rt. I. S.cs anil 10.] Sec. 11. Senatoriiil districts. — Until the State shall be divided into Senatorial districts, in accordance with the i)rovlsions of this article, said districts shall be constituted and numbered as follows: The first district shall be composed of the counties of Andrew, Holt, Nodaway and Atchison. Second District — The counties of Buchanan, DeKalb, Gentry and Worth. Third District — The counties of Clay. Clinton and Platte. Fourth District — The counties of Caldwell, Ray, Daviess and Harrison. Fifth District — The counties of Livingston, Grundy, Mercer and Carroll. Sl.\th District — The counties of Linn. Sullivan. I'utnam and Chariton. Seventh District — The counties of Randolph, Howard and Monroe. Eighth District — The counties of Adair, Macon and Scliuyler. Ninth District — The counties of Audrain, Hoone and Callaway. Tenth District — The counties of St. Charles and Warren. Kleventh District — The counties of Pike, Lincoln and Montgomery. Twelfth District — The counties of Lewis. Clark. Scotland and Knox. Thirteenth District — The counties of Marion, Shelby and Ralls. Fourteenth District — The counties of Bates, Cass and Henry. Fifteenth District — The county of .Jackson. Sixteenth District — The counties of Vernon. Barton, Jasper, Newton and .Mc- Donald. Seventeenth District — The counties of Lafayette and Johnson. Eighteenth District — The counties of Greene, Lawrence, Barry, Stone and Cbristian. Nineteenth District — The counties of Saline, Pettis and Benton. Twentieth District — The counties of Polk, Hickory, Dallas. Dade, Cedar and St. Clair. Twenty-first District — The counties of Laclede, Webster, Wright, Texas. Doug- las. Taney, Ozark and Howell. Twenty-second District — The counties of Phelps, Miller, Maries, Camden, Pulaski, Crawford and Dent. Twenty-third District — The counties of Cape Girardeau, Mississippi, New .Madrid. Pemiscot. Dunklin, Stoddard and Scott. Twenty-fourth District — The counties of Iron, .Madison, Bollinger, Wayne. Butler. Reynolds. Carter, Ripley. Oregon and Shannon. Twenty-fifth District — The counties of Franklin. Gasconade and Osage. Twenty-sixth District — The counties of Washington, Jefferson, St. Francois, Stc. Genevieve and Perry. Twenty-eighth District — The counties of Cooper, Moniteau, Morgan and Cole. St. Louis county shall be divided into seven districts, numbered respectively an follows: Twinty-seventh, Twenty-ninth, Thirtieth. Thirty-flrsl, Thirty-second, Thirty- •hlrd and Thirty-fourth. CTh,' I-'ortv-rirMt (l.-rnTal .•\!iscinl>ly having mljourncil without n-dlstrictlnfr tho ■late Into S.-nnlorlal illatrlots. tliat duty devolved upon the Governor. Secretary of State 111. I Altorney-c.nernl liy the ronalltiillon (section 7. article IV). and they ncoordlnKly. n the lith iliiv of April, 1901. performeil that duty, and divided the State Into Senatorial ti.'itrlit.i. n.ii follou-ii. First — The counties of Atchison, Gentry. .Nodaway and Worth. Second — Buchanan. Third -Andrew, Clay, Clinton, DeKalb. Holt and Platte. Fourth Grundy, Harrison, Livingston. .Mercer and Putnam. Fifth and Seventh — Jackson. Sixth — Charlton. Linn and Sullivan. Eighth— Caldwell. Carroll. Daviess and Ray. Ninth — .\dalr. Macon and Shelby. Tenth — Boone. Callaway. Montgomery. St. Charles and Warren. 30 CONSTITITION lib" THK STATE OF MISSOURI. [AUTILI.K J V. Eleventh — Audrain, Lincoln and Pike. Twelfth — Clark, Knox, Lewis, Scotland and Schuyler. Thirteenth — Marion, Monroe, Ralls and Randolph. Fourteenth — Camden, Cooper, Howard, Moniteau and Morgan. Fifteenth — Benton, Hickory, Pettis and Saline. Sixteenth — Bates, Cedar, Henry and St. Clair. Seventeenth — Cass. Johnson and Lafayette. Eighteenth — Barry, Lawrence, McDonald and Newton. .Nineteenth — Christian, Dallas, Douglas, Ozark, Polk, Stone, Taney and Webster. Twentieth — Barton, Dade, Greene and Vernon. Twenty-first — Bollinger. Butler, Cape Girardeau, Carter, Dunklin, Ripley and Wayne. Twenty-second — Howell, Oregon, Shannon, Texas and Wright. Twenty-third — Mississippi, New Madrid, Pemiscot, Scott and Stoddard. Twenty-fourth — Crawford. Dent, Iron, Phelps, Reynolds and Washington. Twenty-fifth — Franklin, Gasconade and St. Louis. Twenty-sixth — Jefferson, Madison, Perry, St. Francois and Ste. Genevieve. Twenty-seventh — Cole, Laclede, Maries, Miller, Osage and Pulaski. Twenty-eighth — Jasper. [Twenty-ninth, Thirtieth, Thirty-first, Thirty-second, Thirty-third and Thirty- fourth — City of St. Louis.] Sec. 12. Members of (Jeneral Assembly cannot hold other offices. — No Sen- ator or Representative shall, during the term for which he shall have been elected, be appointed to any office under this State, or any municipality thereof; and no member of Congress or person holding any lucrative office under the United States, or this State, or any municipality thereof (militia officers, justices of the peace and notaries public excepted), shall be eligible to either house of the General Assembly, or remain a member thereof, after having accepted any such office or seat in either house of Congress. [Fir.st clause is new; also the word "miinicipality." Const. 1865, Art. 4. Sec. 11.1 Sec. 13. Office vacated by removal. — If any Senator or Representative remove his residence from the district or county for which he was elected, his office shall thereby be vacated. (Same as Const, inhs. Art. 4, Sec. i:<. 1 Sec. 14. Election to fill vacancy. — Writs of election to fill such vacancies as may occur in either house of the General Assembly shall be issued by the Governor. [Same as Const. ISe.''.. Art. 4. Sec. 14.] Sec. 15. Oath of office, where administered, violation of. — Every Senator and Representative-elect, before entering upon the duties of his office, shall take and subscribe the following oath or affirmation: "I do solemnly swear, or affirm, that I will support the Constitution of the United States and of the State of Mis- souri, and faithfully perform the duties of my office; and that I will not knowingly receive, directly or indirectly, any money or other valuable thing for the iierform- ance or nonperformance of any act or duty pertaining to my office, other than the compensation allowed by law." The oath shall be administered in the halls of their respective houses, to the members thereof, by some judge of the Supreme Court, or the circuit court, or the county court of Cole county, or after the organization, by the presiding officer of either house, and shall be filed in the office of the Secre- tary of State. Any member of either house refusing to take said oath or affirma- tion shall be deemed to have thereby vacated his office, and any member convicted of having violated his oath or affirmation shall be deemed guilty of perjury, and be forever thereafter disqualified from holding any office of trust or profit in this State. [New section.] Sec. 16. Members, compensation of.* — The members of the General Assembly shall severally receive from the public treasury such compensation for their serv- ices as may, from time to time, be provided by law, not lo exceed five dollars per day for the first seventy days of each session, and after that not to exceed one dollar per day for the remainder of the session, except the first session held under this Constitution, and during revising sessions, when they may receive five dollars per day for one hundred and twenty days, and one dollar per day for the remain- der of such sessions. In addition to per diem, the members shall be entitled to receive traveling expenses or mileage; for any regular and extra session not greater than now provided by law; but no member shall be entitled to traveling expenses or mileage for any extra session that may be called within one day after an ad- journment of a regular session. Committees of either house, or joint committees of both houses, appointed to examine the institutions of the State, other than •Amendment to be submitted at election in 190S. (Laws 1907, p. 457.) |AKT. IV. 1 CONSTITUIION ilK lilt MAI hJ UF MlSSOl'RI. 31 those at the seat of Roveriiment. may receive their actual expenses, necessarily in- curred while in the performance of such duty; the items of such expenses to be returned to the chairman of such committee, and by him certified to the State Auditor, before the same, or any part thereof, can be jiaid. lOach member may receive at each regular session an additional sum of thirty dollars, which shall be iu full for all stationery used in his official capacity, and all postage, and all other incidental expenses and iierquisites; and no allowance or emoluments, for any purpose whatever, shall be made to or received by the members, or any member of either liouse, or for their use. out of the contingent fund or otherwise, except as herein exjiressly provided; and no allowance or etnolument. for any purpose what- ever, shall ever be paid to any officer, agent, servant or employe of either house of the General Assembly or of any committee thereof, except such per diem as may be provided for by law. not to exceed five dollars. INow section, ext'opt the provision preceding the words "not to exceed five dollars per day." Const. 1865, Art. 4, Sec. 17.) Sec. 17. OrKnnizulioii niid nenernl rules. — Each house shall appoint its own officers; shall be sole judRe of the qualifications, election and returns of its own members; may determine the rules of its own proceedings, except as herein pro- vided: may arrest and punish by line not exceeding three hundred dollars, or im- prisonment in a county jail not exceeding ten days, or both, any person, not a member, who shall be guilty of disrespect to the house by any disorderly or con- temptuous behavior in its presence during its sessions; may punish its members for disorderly conduct, and, with the concurrence of two-thirds of all members elect, may expel a member; but no member shall be expelled a second time for the same cause. l.>>ubstnntiall.v same as Const. 1S65. Art. -1. Sec. 19.) Sec. 18. .Ma.iority n quorum, absent members. — A majority of the whole number of members of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each house may provide. [Const. lS6.i. Art. 1. Sec. 18.1 Sec. 19. Session.s must be ])ul>lic. — The sessions of each house shall be held with open doors, except in cases which may require secrecy. IConst 1865. Art. 4.Sec. 21.] Sec. 20. Time of iiieetin}; — hi! "in ivory two years," is not In the Const. of 1S65. Art. 4. Sec. 3.=i. ) Sec. 21. Shall not adjourn for more lliun three days. — Every adjournment or recess taken by the General .Assembly for more than three days shall have the effect of and be an adjournment sine die. tNcw section.) Sec. 22. .Adjournment for three days or less, — Every adjournment or recess taken by the General Assembly for three days or less shall be construed as not Interrupting the session at which they are had or taken, but as continuing the session for all the purposes mentioned in section sixteen of this article. [New section 1 Sec. 23. .\nrnnunt by (■(in>.<-nt. — Neither house shall, without the con- sent of the other, adjourn for more than two days at any one time, nor to any other place than that in which the two houses may be sitting, ICon»t. 1S65, Art. 4, Sec. 22.) LEGlSLATIVi: TROCEEDINGS. Sec. 24. The style of the laws of this State shall be; "Be it enacted by the General Assembly of the State of Missouri, as follows;" tConst.__lS6.%. Art. 4. .'!.r .lA.] Sec. 2!). I^tU's piLs.sod by bilN, evtent of nnieiulinents. — No law shall be passed except by bill, and no bill shall be so amended In its passage through either house as to change Its original purpose. ^New nectioo.) 32 CONSTITUTION OF THE STATE OF MISSOURI. I ART. IV. Sec. 26. Origin of bills — must be read on three days. — Bills may originate in either house, and may be amended or rejected by the other; and every bill shall be read on three different days in each house. [See Const. 1S65, Art. 4. Sec. 23.] Sec. 27. Bills must be reported and printed. — No bill shall be considered for final passage unless the same has been reported upon by a committee and printed for the use of the members. [New section.] Sec. 2 8. Bills must contain but one subject — title. — No bill (except general appropriation bills, which may embrace the various subjects and accounts for and on account of which moneys are appropriated, and except bills passed under the third subdivision of section forty-four of this article) shall contain more than one subject, which shall be clearly expressed in its title. [See Const. 186.5, Art. 4, Sec. 32.] Sec. 29. Amendments to be incorporated in bill and printed. — All amend- ments adopted by either house to a bill pending and originating in the same shall be incorporated with the bill by engrossment, and the bill as thus engrossed shall be printed tor the use of the members before its final passage. The engrossing and printing shall be under the supervision of a committee, whose report to the house shall set forth, in writing, that they find the bill truly engrossed, and that the printed copy furnished to the members is correct. [New section.] Sec. 30. Bill passed in one house, amended in the other, to be returned. — If a bill passed by either house be returned thereto, amended by the other, the house to which the same is returned shall cause the amendment or amendments so re- ceived to be printed under the same supervision as provided in the next preceding section for the use of the members before final action on such amendments. [New section.] Sec. 31. Bill, final vote on, jeas and nays. — No bill shall become a law, unless on its final passage the vote be taken by yeas and nays, the names of the members voting for and against the same be entered on the journal, and a majority of the members elected to each liouse be recorded thereon as voting in its favor. [Same in substance as Const. 1S(J5. .\rt. 4. Sec. 24.] Sec. 3 2. Amendments and reports. — No amendment to bills by one house shall be concurred in by the other, except by a vote of a majority of the members elected thereto, taken by yeas and nays, and the names of those voting for and against recorded upon the journal thereof; and reports of committees of con- ference shall be adopted in either house only by the vote of a majority of the members elected thereto, taken by yeas and nays, and the names of those voting recorded upon the journal. [New section.] Sec. 33. Act revived or re-enacted, how. — No act sliall be revived or re- enacted by mere reference to the title thereof, but the same shall be set forth at length, as if it were an original act. [.Same as Const. 1S65. Art. 4, Sec. 25.] Sec. 3 4. .■let amended, how. — No act shall be amended by providing that designated words thereof be stricken out, or that designated words be inserted. or that designated words be stricken out and others inserted in lieu thereof; but the. words to be stricken out, or the words to be inserted, or the words to be stricken out and those inserted in lieu thereof, together with the act or section amended, shall be set forth in full as amended. [Const. 1S6'.. .\rt. 4. Sec. 2.5.] Sec. 3 5. Motion to reconsider — bill on final passage. — When a bill is put upon its final passage in either house, and failing to pass, a motion is made to re- consider the vote by which it was defeated, the vote upon such motion to reconsider shall be immediately taken, and the subject finally disposed of before the house proceeds to any other business. [New section.] Sec. 36. Laws take effect when. — No law passed by the General Assembly, except the general appropriation act, shall take effect or go into force until ninety days after the adjournment of the session at which it was enacted, unless in case of an emergency (which emergency must be expressed in the preamble or in the body of the act), the General Assembly shall, by a vote of two-thirds of all the members elected to each house, otherwise direct; said vote to be taken by yeas and nays, and entered upon the journal. [New section.] Sec. 3 7. Bills si}{ned by presiding officers. — No bill shall become a law until the same shall have been signed by the presiding officer of each of the two houses in open session; and before such officer sliall affix his signature to any bill, he shall suspend all other business, declare that such bill will now- be read, and that, it no objections be made, he will sign the same to the end that it may become AUT IV. 1 . CONSTITUTION OK THK STATIC Ol' .MISSOl'RI. 33 a law. The bill shall then be read at length, and if no objection be made, he shall, in presence of the house, in open session, and before any other business is enter- tained, affix his signature, which fact shall be noted on the journal, and the bill Immediately sent to tlio other house. When it reaches the other house, the pro- siding officer thereof shall immediately suspend all other business, announce the reception of the bill, and the same proceedings shall thereupon bo observed, In every respect, as in the house in which it was first signed. If in either liouse any member shall object that any substitution, omission or insertion has occurred, so that the bill proposed to be signed is not the same in substance and form as when considered and i)assed by the house, or that any i)articular clause of this article of the Constitution has been violated in its passage, such objection shall be passed upon by the house, and if sustained, the presiding officer shall withhold his signature: but if such objection shall not be sustained, then any five members may embody the same, over their signatures, in a written protest, under oath, against the signing of the bill. Said protest, when offered in the house, shall be noted upon the journal, and the original shall be annexed to the bill to be con- sidered by the Governor in connection therewith. • (New section. Soe .\rt. 5, Sec. 12] ■ Sec. 38. Hil!.>i, npprovnl of (iovernor. — When the bill has been signed, as provided for in the preceding section, it shall be the duty of the Secretary of the Senate, if the bill originated in the Senate, and of the Chief Clerk of the House of Representatives, if the bill originated in the House, to present the same in person, on the same day on which it was signed as aforesaid, to the Governor, and enter the fact upon the journal. Every bill presented to the Governor, and returned within ten days to the house in which the same originated, witli the approval of the Governor, shall become a law, unless it be in violation of some provision of this Constitution. (New section. See .Art. 5. Sec. 12.) Sec. 39. Hills returned willioiil approval. — Every bill presented as afore- said, but returned without the approval of the Governor and with his objection thereto, shall stand as reconsidered in the house to which it is returned. The house shall cause the objections of the Governor to be entered at large upon the lournal, and proceed, at its convenience, to consider the ouestion pending, which shall be in this form: "Shall the bill pass, the objections of the Governor thereto notwithstanding?" The vote upon this question shall be taken by yeas and nays, and the name.s entered upon the journal, and if two-thirds of all the members elected to the house vote in the affirmative, the presiding officer of that house shall certify that fact on the roll, attesting the same by his signature, and send the bill, with the objections of the Governor, to the other house, in which like proceedings shall be had in relation thereto, and if the bill receive a like majority of the votes of all the members elected to that house, the vote being taken by yeas and nays, the presiding officer thereof shall, in like manner, certify the fact lipoQ the bill. The l)ill thus certified shall be deposited in the office of the Secretary of State, as an authentic act, and shall become a law in the same manner and with like effect as if it had received the approval of the Governor. (Sec Const. I'iCj, Art. 5, See. 9.] Sec. 40. Failure of Governor to approve or return bill — proceedings. — When- ever the Governor shall fall to perform his duty, as prescribed in section 12, Article V of this Constitution, in relation to any bill presented to him for his ap- proval, the General Assembly may, by joint resolution, reciting the fact of such failure and the bill at length, direct the Secretary of State to enroll the same as an authentic act, in the archives of the State, and such enrollment shall have the same effect as an approval by the Governor. ProiMcil. That such joint resolution ■'hall not be submitted to the Governor for his approval. I New section.] Sec. 41. Ijiws — revision of. — Within five years after the adoption of this Constitution, all the statute laws of a general nature, both civil and criminal, shall be revised, digested and promulgated in such manner as the General Assembly shall direct: and a like revision, digest and promulgation shall be made at the expiration of every subsequent period of ten years. [New section.] Sec. 4 2. Journal of encli hou.M- published — ycixn and nays noted. — Each house shall, from time to time, publish a journal of its proceedings and the yeas and nays on any question shall be taken and entered on the journal at the motion of any two members. Whenever the yeas and nays are demanded, the whole list of members shall be called, and the names of the absentees shall be noted and published In the Journal. [See Const. H65. Art. 4. Sec. 20.1 34 CONSTITUTION OF THE STATE OF MISSOURI. [ART. IV. LIMITATION ON LEGISLATIVE POWER. Sec. 43. Appropriations, order of. — All revenue collected and moneys received by the State from any source whatsoever shall go into the treasury, and the General Assembly shall have no power to divert the same, or to permit money to be drawn from the treasury, except in pursuance of regular ai)propriations made by law. All appropriations of money by the successive General Assemblies shall be made in the following order: First, For the payment of all interest upon the bonded debt of the State that may become due during the term for which each General Assembly is elected. Second, For the benefit of the sinking fund, which shall not be less annually than two hundred and fifty thousand dollars. Third. For free public school purposes. Fourth, For the payment of the cost of assessing and collecting the revenue. Fifth. For the payment of the civil list. Sixth, For the support of the eleemosynary institutions of the State. Sei^enih, For the pay of the General Assembly, and such other purposes not herein prohibited as it may deem necessary; but no General Assembly shall have power to make any appropriation of money for any purpose whatsoever, until the respective sums necessary for the purposes in this section specified have been set apart and appropriated, or to give priority in its action to a succeeding over a preceding item as above enumerated. [New section. See Const. lS6o, Art. 11, Sec. 6.] Sec. 4 4. General Assembly not to contract debts except as herein. — The General Assembly shall have no power to contract or to authorize the contracting of any debt or liability on behalf of the State, or to issue bonds or other evidence of indebtedness thereof, except in the following cases: First, In renewal of existing bonds, when they cannot be paid at maturity, out of the sinking fund or other resources. Secotid, On the occurring of an unforeseen emergency, or casual deficiency of the revenue, when the temporary liability incurred, upon the recommendation of the Governor first had, shall not exceed the sum of two hundred and fifty thousand dollars for any one year, to be paid in not more than two years from and after its creation. Third. On the occurring of any unforeseen emergency, or casual deficiency of the revenue, when the temporary liability incurred or to be incurred shall exceed the sum of two hundred and fifty thousand dollars for any one year, the General Assembly may submit an act providing for the loan, or for the contracting of the liability, and containing a provision for levying a tax sufficient to pay the interest and principal when they become due (the latter in not more than thirteen years from the date of its creation), to the qualified voters of the State, and when the act so submitted shall have been ratified by a two-thirds majority, at an election held for that purpose, due publication having been made of the provisions of the act for at least three months before such election, the act thus ratified shall be Irrepealable until the debt thereby incurred shall be paid, principal and interest. [New section.] Sec. 45. State's credit not to be loaned. — ^The General Assembly shall have no power to give or to lend, or to authorize the giving or lending of the credit or the State in aid of or to any person, association or corporation, whether municipal or other, or to pledge the credit of the State in any manner whatsoever, for the payment of the liabilities, present or prospective, of any individual, association of individuals, municipal or other corporation whatsoever: Provided, That the General Assembly shall have the power to appropriate from funds in the State sinking fund, being the proceeds of the tax authorized under section 14 of article X of the Constitution, to an amount not exceeding one million dollars for the exhibition of the resources, products and industries of the State in the centennial celebration of the Louisiana Purchase in the city of St. Louis. [Const. 1865, Art. 11, Sec. 13, modified. Section, as amended, adopted in 1900.1 Sec. 4 6, Public money, grant of prohibited. — The General Assembly shall have no power to make any grant, or to authorize the making of any grant of public money or thing of value to any individual, association of individuals, municipal or other corporation whatsoever: Provided, That this shall not be so construed as to prevent the grant of aid in a case of public calamity. [New section.] See. 47. Municipalities, loaning credit of. — The General Assembly shall have no power to authorize any county, city, town or township, or other political cor- poration or subdivision of the State now existing, or that may be hereafter estab- lished, to lend its credit, or to grant public money or thing of value in aid of or to any individual, association or corporation whatsoever, or to become a stockholder in such corporation, association or company: Provided, That this shall not be so construed as to prohibit the General Assembly from providing by law for authoriz- AKT. I v.] CONSTITUTION OF THE STATE OF MISSOURI. 35 Ing the creation, maintenance and management of a fund for the pensioning of crippled and disabled firemen, and tor the relief of the widows and minor children of deceased firemen, by such cities, villages or incorporated towns as may have an organized fire department said fund to be taken from the municipal revenue of such cities, villages or incorporated towns. — (o) [Const, l.^it;".. Art. 11. S.c. 14. mocUned. Provl.so adopted 1892.] Sec. 48. I'ublic officers, agents, etc., e.xtia piiy piofiibited. — The General Assembly shall have no power to grant, or to authorize any county or municipal authority to grant any extra compensation, fee or allowance to a public officer, agent, servant or contractor, after service has been rendered or a contract has been entered into and jierformed in whole or in part, nor pay nor authorize the payment of any claim hereafter created against the State, or any county or munici- pality of the State, under any agreement or contract made without express authority of law; and all such unauthorized agreements or contracts shall be null and void. [Niw sietlon.] Sec. 49. Stnfe subscript ioii.s prohibited. — The General Assembly shall have no power hereafter to subscribe or authorize the subscription of stock on behalf of the State, in any corporation or association, except for the purpose of securing loans heretofore extended to certain railroad corporations by the State. (Const. ISS.'i. Art. 11. .s,c. 13] Sec. 50. Liens on niilroads, not to be released. — The General Assembly shall have no power to release or alienate the lien held by the State upon any railroad, or in anywise change the tenor or meaning, or iiass any act explanatory thereof; but the same shall be enforced in accordance with the original terms upon which it was acquired. (S.-o Const. ISS.i. Art. 11. Sec. 15.) Sec. 51. Corporation debts, releiise prohibited. — The General Assembly shall have no power to release or extinguish, or authorize the releasing or extinguishing, In whole or In part, the indebtedness, liability or obligation of any corporation or individual to this State, or to any county or other municipal corporation therein. (New section. 1 Sec. 52. War t, payment of. — The General Assembly shall have no power to make any ai)i)ropriation of money, or to issue any bonds or other evidences ot indebtedness for the payment, or on account or in recognition of any claims audited or that may hereafter be audited by virtue of an act entitled "An act to audit and adjust the war debt of the State." api)roved March 19. 1874, or any act of a similar nature, until after the claims so audited shall have been presented to and paid by the Ciovernment of the United States to the State of Missouri. INiw Section.] Sec. 53. Special and local laws pi'(>liil>iti'd. — The General Assembly shall not pass any local or special law: — (6) .Authorizing the creation, extension or impairing of liens: Regulating the affairs of counties, cities, townships, wards or school districts: Changing the names of persons or places. Changing the venue in civil or criminal cases. Authorizing the laying out, opening, altering or maintaining roads, highways, streets or alleys: Relating to ferries or bridges, or incorporating ferry or bridge companies, except for the erection ot bridges crossing streams which form boundaries between this and any other State: Vacating roads, town plats, streets or alleys: Relating to cemeteries, grave-yards or public grounds not of the State: .\uthorlzing the adoption or legitimation of children: Locating or changing county seats: Incorporating cities, towns or villages, or changing their charters: For the opening and conducting of elections, or fixing or changing the places of voting: Granting divorces: Krecting new townships, or changing township lines, or the lines of school districts: Creating offices, or prescribing the powers and duties of officers in counties, cities, townships, election or school districts: Changing the law of descent or succession: Regulating the practice or jurisdiction of, or changing the rules of evidence in any judicial proceeding or Inquiry before courts, justices of the peace, sheriffs, commissioners, arbitrators or other tribunals, or providing or changing methods (a) See Statute and references under "Laws Specially Applicable to St. Louts." Ch. 10, Sec. 322 tl eg: also Rev. Code. Sec. 304. (*) For ca.ies holdlni; what Is or Is not a special law hereunder, see first note under "Laws Specially Applicable to St. Louis." 36 CONSTITUTION OF THE STATE OF MISSOURI. [ART. V. for the collection of debts, or the enforcing of judgments, or prescribing the effect of •judicial sales of real estate: Regulating the fees or extending the powers and duties of aldermen, justices of the peace, magistrates or constables: Regulating the management of public schools, the building or repairing of school- houses, and the raising of money for such purposes: Fixing the rate of interest: Affecting the estates of minors or persons under disability: Remitting fines, penalties and forfeitures, or refunding moneys legally paid into the treasury: Exempting property from taxation: Regulating labor, trade, mining or manufacturing: Creating corporations, or amending, renewing, extending or explaining the charter thereof: Granting to any corporation, association or individual any special or exclusive right, privilege or immunity, or to any corporation, association or individual the right to lay down a railroad track: Declaring any named person of age: Extending the time for the assessment or collection of taxes, or otherwise relieving any assessor or collector of taxes from the due performance of their official duties, or their securities from liability: Giving effect to informal or invalid wills or deeds: Summoning or empaneling grand or petit juries: For limitation of civil actions: Legalizing the unauthorized or invalid acts of any officer or agent of the State, or of any county or municipality thereof. In all other cases where a general law can be made applicable, no local or special law shall be enacted: and whether a general law could have been made applicable in any case is hereby declared a judicial ques- tion, and as such shall be judicially determined without regard to any legislative assertion on that subject: Nor shall the General Assembly indirectly enact such special or local law by the partial repeal of a general law; but laws repealing local or special acts may be passed. [This section enlarged by new specifications. Const. lSfi5. Art. 4. Sec. 27.1 Sec. 54. Local and special laws, notice of. — No local or special law- shall be passed unless notice of the intention to apply therefor shall have been ptiblished in the locality where the matter or thing to be affected may be situated, which notice shall state the substance of the contemplated law. and shall be published at least thirty days prior to the introduction into the General Assembly of such bill, and in the manner to be provided by law. The evidence of such notice having been published, shall be exhibited in the General Assembly before such act shall be passed, and the notice shall be recited in the act according to its tenor. [New Section. 1 Sec. 55. E.\tra sessions, power limited. — The General Assembly shall have no power, when convened in extra session by the Governor, to act upon subjects other than those specially designated in the proclamation by which the session is called, or recommended by special message to its consideration by the Governor after it shall have been convened. [See Const. 1865. Art. 5. See. 7.] Sec. 5 6. Capital not to Ik- removed. — The General Assembly shall have no power to remove the seat of government of this State from the City of Jefferson. [See Const. 1S65. Art. 11. Sec. 10.] ARTICLE V. EXECUTIVE DEPARTMENT. Section 1. E.vccutive officers, residence of. — The executive department shall consist of a Governor, Lieutenant-Governor, Secretary of State, State Auditor, State Treasurer, Attorney-General and Superintendent of Public Schools, all of whom, except the Lieutenant-Governor, shall reside at tlie Seat of Government during their term of office, and keep the public records, books and papers there, and shall perform such duties as may be prescribed by law. [See Const. 1S65, Art. 5, Sec. 16.1 Sec. 2. Terms of office — Governor and Ti'easnror ineligible to re-election — times of holding elections. — The term of office of the Governor, Lieutenant-Gov- ernor, Secreatry of State, State Auditor, State Treasurer, Attorney-General and Superintendent of Public Schools shall be four years from the second Monday of January next after their election, and until their successors are elected and quali- fied; and the Governor and State Treasurer shall be ineligible to re-election as their own successors. At the general election to be held in the year one thousand eight hundred and seventy-six. and every four years thereafter, all such officers, except the Superintendent of Public Schools, shall be elected, and the Superintend- AUT. V.I CONSTITUTION OK Till; STATi: Ol'' MISSOUHI. 37 ent of Public Schools shall be elected at the general election in the year one thousand eight hundred and seventy-eight, and every four years thereafter. (The tiTiii was two V€-ars under Const, of 1865. Art. 5. Seed 3 anil 16. pxiM'pt that of Suporlnt«>n. Sees. 3 and IS.) Sec. 4. The supreme executive i)ower shall be vested in a chief magistrate, who shall be styled "The Governor of the State of Missouri." ISainr as Const. ISO.-,, .\rt. S. Sfc. l.J Sec. 5. Crovernor, i|iiaIillcationN. — The Governor shall be at least thirty-five years old, a male, and shall have been a citizen of the United States ten years, and a resident of this State seven years ne.xt before his election. ISami- as Const. 1S6,'». .\rt. 5, Sec. 2. except the word "white" Is here omitted.) Sec. 6. (iovernurposes. (Now sictlon.] Sec. 11. Vacancy in office — Governor nmy All. — When any office shall become vacant, the Governor, unless otherwise jirovided by law, shall a|>point a person to fill such vacancy, who shall continue in office until a successor shall have been duly elected or appointed and qualified according to law, (Art. 5, See. 8. Const. 1S65. ) Sec. 12. (iovernor's duty as to bills prt-senlfd to him. — The Governor shall consider all bills and joint resolutions, which, having been passed by both houses of the General .Assembly, shall be presented to him. He shall, within ten days after the same shall have been presented to him, return to the house In which they re- sepectlvely originated, all such bills and joint resolutions, with his approval In- 38 CONSTITUTION OF THE STATE OF MISSOURI. [ART. V. dorsed thereon, or accompanied by his objections: Provided. That if the General As- sembly shall finally adjourn within ten days after such presentation, the Governor may, within thirty days thereafter, return such bills and resolutions to the office of the Secretary of State, with his approval or reasons tor disapproval. [See Art. 4, Sees. 37 and 38 of this Const., and Const. 1865, Art. 5, Sec. 9.] Sec. 13. He may object to part of a bill. — If any bill presented to the Governor contain several items of appropriation of money, he may object to one or more items while approving other portions of the bill. In such case he shall append to the bill, at the time of signing it, a statement of the items to which he objects, and the appropriations so objected to shall not take effect. If the General Assembly be in session, he shall transmit to the house in which the bill originated a copy ot such statement, and the items objected to shall be separately reconsidered. If it be not in session, then he shall transmit the same within thirty days to the office of the Secretary of State, with his approval or reasons for disapproval. [New section.] Sec. 14. Resolutions must be presented to Governor. — Every resolution to which the concurrence of the Senate and House of Representatives may be nec- essary, except on questions of adjournment, of going into joint session, and of amending this Constitution, shall be presented to the Governor, and before the same shall take effect, shall be proceeded upon in the same manner as in the case of a bill: Provided, That no resolution shall have the effect to repeal, extend, alter or amend any law. [Proviso is new. Const. 1865, Art. 5, Sec. 10.] Sec. 15. Lieutenant-Governor, qualiticatiuns and duties. — The Lieutenant- Governor shall possess the same qualifications as the Governor, and by virtue of his office shall be President ot the Senate. In committee of the whole he may debate all questions, and when there is an equal division he shaFl give the casting vote in the Senate, and also in joint vote ot both houses. [Const. 1S65. Art. 5, Sees. 12 and 13.] Sec. 16. To perform duties of Governor, when. — In case of death, conviction or impeachment, failure to qualify, resignation, absence from the State or other disability of the Governor, the powers, duties and emoluments of the office for the residue of the term, or until the disability shall be removed, shall devolve upon the Lieutenant-Governor. [See Const. 1S65, Art, 5, Sec. 14.] Sec. 17. Senate, President pro tempore — otiier persons to act as (Jovernor, when. — The Senate shall choose a president pro tempore to preside in cases of the absence or impeachment of the Lieutenant-Governor, or when he shall hold the office of Governor. If there be no Lieutenant-Governor, or the Lieutenant-Gov- ernor shall, for any of the causes specified in section sixteen ot this article, become incapable of performing the duties of the office, the President of the Senate shall act as Governor until the vacancy is filled or the disability removed; and if the President of the Senate, for any of the above named causes, shall become incapable of performing the duties of Governor, the same shall devolve upon the Speaker of the House of Representatives, in the same manner and with the same powers and compensation as are prescribed in the case of the office devolving upon the Lieu- tenant-Governor. [Const. 1865, Art. o. Sec. 14.] Sec. 18. Lieutenant-Governor, etc., compensation. — The Lieutenant-Governor or the President pro tempore of the Senate, while presiding in the Senate, shall receive the same compensation as shall be allowed the Speaker of the House of Representatives. [Const. 1865, Art. 5, Sec. 15.] Sec. 19. E.vocutivc officers, qualifirations. — No person shall be eligible to the office of Secretary of State, State Auditor, State Treasurer, Attorney-General, or Superintendent ot Public Schools, unless he be a male citizen of the United States and at least twenty-five years old, and shall have resided in this State at least five years next before his election. [Const. 1863. .\rt. 5. .Sec. 16, except as to Superintendent of Public Schools, who was required to have tlie qualifications of a State Senator. Art. 10. Sec. 3.] Sec. 20. Seal of tlie State. — The Secretary of State shall be the custodian of the seal ot the State, and authenticate therewith all official acts of the Gov- ernor, his approval of laws excepted. The said seal shall be called the "Great Seal of the State of Missouri," and the emblems and devices thereof, heretofore pre- scribed by law, shall not be subject to change. [Const. 1865, Art. 5, Sec. 20.] Sec. 21. Secretary of State, duties of. — The Secretary ot State shall keep a register of the official acts of the Governor, and when necessary, shall attest ART. VI. 1 CONSTITl'TION OF Till-; STATE OF MISSOURI. 39 them, and lay copies of the same, together with copies of all papers relative thereto, before either house of the General Assembly whenever required to do so. [Const. 1S65. Art. 5. Soc. 21.1 Sec. 22. K.xecMtlve offlcors' diiticN, nccouiits, institutions. — An account shall be kept by the offlcors of the Executive Department of all moneys and choses in action disbursed or otherwise disposed of by them, severally, from all sources, and for every service performed; and a semi-annual report thereof shall be made to the Governor under oath. The Governor may at any time require information. In wrilinB. under oath, from the officers of the Executive Department, and all officers and managers of Slate institutions, upon any subject relating to the condi- tion, management and expenses of their respective offices and institutions; which Information, when so required, shall be furnished by such officers and managers, and any officer or manager who at any time shall make a false report, shall be guilty of perjury and punished accordingly. [NV'w section.! Sec. 23. (lovornor shall commission ofHccrs. — The Governor shall com- mission all officers not otherwise iirovided for by law. All commissions shall run In the name and by the authority of the State of Missouri, be signed by the Govern- or, sealed with the Great Seal of the State of Missouri, and attested by the Secretary of State. [Const. lS6a. .\rt. "., Sec. 2S.1 Sec. 24. Ofllcei-s. salaries and fees not to lie chanRed. — The officers named In this article shall receive for their services a salary to be established by law, which shall not be increased or diminished during their official terms: and they shall not, after the exi)iration of the terms of those in office at the adoption of this Constitution, receive to their own use any fees, costs, perquisites of office, or other compensation. All fees that may hereafter be payable by law for any service performed by any officer provided for in this article shall be paid in advance into the State treasury. [New section] Sec. 25. Contested elections of executive officers. — Contested elections of Governor and Lieutenant-Governor shall be decided by a joint vote of both houses of the General .Assembly, in such manner as may be provided by law; and con- tested elections of Secretary of State. State Auditor, State Treasurer, Attorney- General and Superintendent of Public Schools shall be decided before such tribunal and In such manner as may be provided by law. [Const. 1865. .\rt. 5. Sees. IS tind 19.1 ARTICLE VI. JUDICIAL DEPARTMENT.* Section 1. Judicial power of State, where vested. — The judicial power of the State, as to matters of law and equity, except as in this Constitution otherwise provided, shall be vested in a Supreme Court, the St. Louis Court of Appeals, circuit courts, criminal courts, probate courts, county courts and municipal cor- poration courts. (See Const. 1865. Art. 6. Sec. 1. Also amendment of 1S90, at close of this article.] S«.>c. 2. Supreme Court, jurisdiction of. — The Supreme Court, except in cases otherwise directed by this Constitution, shall have appellate jurisdiction only, which shall be coextensive with the State under the restrictions and limitations In this Constitution provided. [See Const. 1S65, .Art. 6, Sec. 2.] Sec. 3. Supi-enie Court, su|HTint ending control of. — The Supreme Court shall have a general suiierintonding lonirol over all inferior courts. It shall have power to Issue writs of habeas corpus, mandamus, quo warranto, certiorari and other original remedial writs, and to hear and determine the same. [Const. 1S6".. Art. 6. S.t. :!.) Sec. 4. Supreme Court judges, term — Chief Justice. — The judges of the Supreme Court shall hold office for the term of ten years. The judge oldest in commission shall be Chief Justice of the Court; and if there be more than one com- mission of the same date, the court may select the Chief Justice from the judges holding the same. [See Const. KUn. .Vrt. 6. Sec. 8.1 S«>c. .'). Judges, nunilM-r of— <|u<>runi — ilulies— election. — The Supreme Court shall consl.st of five Jiidgf.-i. any three of whom shall constitute a quorum; and said judges shall be conservators of the [leace throughout the State, and shall be elected by the qualified voters thereof, (a) [Const. ISfio. Art. 6. .Sec. I. Amended. 1S90. increasing number and creating two division.". See nmemlnient iit .ml of article.) Sec. B. JudK<-s. qunlillcations. — The judges of the Supreme Court shall be citize ns of f- '• •• ' -•• • not less than thirty years old, and shall have been U) .""e. Miinent at end of this article. •t'ropo.« .. . to to h.. vol.. I .It In election of 190S. (Laws 1907. p. 40 CONSTITUTION OF THK STATK OF MIS.SOUKI. [ART. VI. citizens of this State for five years next preceding their election or appointment, and shall be learned in the law. ["And shall be learned in the law" is new. Const. 1S65, Art. C, Sec. IS.] Sec. 7. Judges, terms — coiiinieiicenient — appointment. — The full terms of the judges of the Supreme Court shall commence on the first day of January next ensuing their election, and those elected to fill any vacancy shall also enter upon the discharge of their duties on the first day of January next ensuing such election. Those appointed shall enter upon the discharge of their duties as soon as qualified. [Commencement of term same as Const. 1S65, Art. 6, Sec. 7. See amendment at end of this article.] Sec. S. Present judges, terms. — The present judges of the Supreme Court shall remain in office until the expiration of their respective terms of office. To fill their places as their terms expire, one judge shall be elected at the general election in eighteen hundred and seventy-six, and one every two years thereafter. [Provision for election of one judge every two years same as Const. 1S65, Art. 6, Sec. 7. See amendment at end of this article.] Sec. 9. Supreme Court, time and place of holding. — The Supreme Court shall be held at the Seat of Government at such times as may be prescribed by law: and until otherwise directed by law, the terms of said court shall commence on the third Tuesdays in October and April of each year. [New section. See Const. 1S65. Art. 6, Sec. 5.] Sec. 10. Supreme Court, accommodations. — The State shall provide a suitable court room at the Seat of Government, in which the Supreme Court shall hold its sessions; also a clerk's office, furnished offices for the judges, and the use of the State Library. [New section.] Sec. 11 Judges divided in opinion. — If, in any cause pending in the Supreme Court, or the St. Louis Court of Appeals, the judges sitting shall be equally divided In opinion, no judgment shall be entered therein based on such division: but the parties to the cause may agree upon some person, learned in the law, to act as special judge in the cause, who shall therein sit with the Court, and give decision In the same manner and with the same effect as one of the judges. If the i)arties cannot agree upon a special judge, the court shall appoint one. [Same as Const. 1S65. Art. 6, Sec. 10. See amendment at end of this article.] Sec. 12. St. Louis Couit of Appeals — .jurisdiction — appeals to Supreme Court. — .There is hereby established in the city of St. Louis an Appellate Court, to be known as the "St. Louis Court of Appeals." the jurisdiction of which shall be coextensive with the city of St. Louis and the counties of St. Louis, St. Charles, Lincoln and Warren. Said court shall have power to issue writs of habeas corpus. QUO uarianfo. mandamus, certiorari, and other original remedial writs, and to hear and determine the same: and shall have a superintending control over all inferior courts of record in said counties. Appeals shall lie from the decisions of the St. Louis Court of Appeals to the Supreme Court, and writs of error may issue from the Supreme Court to said court in the following cases only: In all cases where the amount in dispute, exclusive of costs, exceeds the sum of two thousand five hundred dollars: in cases involving the construction of the Constitution of the United States or of this State; in cases where the validity of a treaty or statute of or authority exercised under the United States is drawn in question: in cases Involving the construction of the revenue laws of this State, or the title to any office under this State: in cases involving title to real estate: in cases where a county or other political subdivision of the State or any State officer is a party, and in all cases of felony. [See amendment at end of this article, establishing Kansas City Court of Appeals and extending jurisdiction of St. Louis Court of Appeals.] [New section.] Sec. 13. Number, election, qualification and pay of .judges. — The St. Louis Court of Appeals shall consist of three judges, to be elected by the qualified voters of the city of St. Louis, and the counties of St. Louis, St. Charles, Lincoln and Warren, who shall hold their offices for the period of twelve years. They shall be residents of the district comijosed of said counties, shall possess the same qualifications as judges of the Supreme Court, and each shall receive the same compensation as is now or may be provided by law for the judges of the circuit court of St. Louis county, and be paid from the same sources: Provided. That each of said counties shall pay its proportional part of the same, according to its taxable property. [New section.] Sec. 14. Judges, duties^-quorum — terms of court. — The judges of said court shall be conservators of the peace throughout said counties. Any two of said judges shall constitute a quorum. There shall be two terms of said court to be AKT. VI. 1 CONSTITUTION OF TIIIO ST ATM OF MISSOI'KI 41 held each year, on the first Mondays of March and October, and the first term of said court shall be held on the first Monday in January, 1S76. [New section.] Sec. 15. Opiiiion.s of court — rules of practice. — The opinions of said court shall be in writing, and shall be filed in the cases in which they shall be respectiv aiioption of this Constitution, three judges of said court shall be elected, who shall determine by lot the duration of their several terms of office, which shall be respectively four, eight and twelve years, and certify the result to the Secretary of State; and every four years there- after one judge of said court shall be elected to hold office for the term of twelve years. The term of office of such judges shall begin on the first Monday in January next ensuing their election. The judge having the oldest license to practice law in this State shall be the presiding judge of said court. [New section.] Sec. 17. Court of Appeals, .judges — appointment of. — Upon the adoption of this Constitution the Governor shall a|)|'Oint three judges for said court, w-ho shall hold their offices until the first Monday of January, eighteen hundred and seventy- seven, and until their successors shall be duly qualified. [New section] Sec. IS. Court of Appeals, clerk. — The clerk of the Sui)renie Court of St. Louis shall be the clerk of the St. Louis Court of Appeals until the expiration of the term for which he was ajipointed clerk of the Supreme Court, and until his successor shall be duly qualified. [New section] Sec. 19. Cases pending in Supreme Court at ,St. Tiouis. — All cases which may be pending in the Sui)renie Court at St. l^ouis at the time of the adoption of this Constitution, which by its terms would come within the final appellate jurisdiction of the St. Louis Court of Aiipeals. shall be certified and transferred to the St. Louis Court of Appeals, to be heard and determined by said court. [New section.] Sec. 20. Court of .-Vppcals, when ca.ses are triable in. — .Ml cases coming to said court by a|)|)eal. or writ of error, shall be triable at the expiration of fifteen days from the filing of the transcri|)t in the office of the clerk of said court. [New Section. | Sec. 21. Supreme Court, clerks luid records of. — Upon the adoption of this Constitution, and after the close of the next regular terms of the Supreme Court at St. Louis and St. Joseph, as now established by law, the office of the clerk of the Supreme Court at St. Louis and St. Joseph shall be vacated, and said clerks shall transmit to the clerk of the Supreme Court at Jefferson City all the books, records, documents, transcripts and papers belonging to their respective offices, except those required by section nineteen of this article to be turned over to the St. Louis Court of Api)eals; and said records, documents, transcripts and papers shall become part of the records, documents, transcripts and pa|)ers of said Supreme Court at Jefferson City, and said court shall hear and determine all the cases thus transferred as other cases. (New Section. 1 Sec. 22. Circuit court, jurisdiction and terms. — The circuit court shall have jurisdiction over all criminal cases not otherwise provided for by law; exclusive original jurisdiction in all civil cases not otherwise provided for; and such con- current jurisdiction with and a|)pellate jurisdiction from inferior tribunals and justices of the peace as is or may be provided by law. It shall hold its terms at such times and i)Iaces in each county as may be by law directed; but at least two terms shall be held every year in each county. [Const. 1S6.T. Art. 6. Sec. 13. Last clause is new.] Sec. 23. Circuit court, superintending control of. — The circuit court shall exercise a superintending control over criminal courts, probate courts, county courts, municipal coriioration courts, justices of the peace, and all inferior tri- bunals In each county in their respective circuits. [Const. ISfi.^, except enumeration of courts. Art. 6. Sec. 21.] Sec. 24. Circult.s may Ik- chiinged or abolished. — The State, except as otherwise provided In this Constitution, shall be divided Into convenient circuits of contiguous counties. In each of which circuits one circuit judge shall be elected; and such circuits may be changed, enlarged, diminshed or abolished, from time to time, as i)ubllc convenience may require; and whenever a circuit shall be abol- ished, the office of the judge of such circuit shall cease. [See Const. lS6.i. Art. 6, Sec. H.) 42 coNSTiTtrriON of the state of Missouri. [aut. vr Sec. 2R. OlrcMit jndjios. terms and duties. — The J\idpes of the circuit court shall he eliected by the qunlit^ed voters of each circuit: sliull hold their offices tor the term of st\ years, and shall reside in and be conservators of the peace within their respective circuits. [Const. 1S«5. Art. 6. Sec, U.l Sec. 26. Ojfvnit Jndjces, quiUiliratioiis. — No person shall he eligible to the office of judge of the circuit court who shall not have attained the ago of thirty years, been a citizen of the I'nited State* five years, a qualified voter of this State for three years, and who shall not be a t^sident of the circuit in which he may be elected or appointed. [Cv>nst. 1S6J. .\rt. 6. Soo, IS. l..ast olauso is now.) Sec, 27. — Circuit court of St. I.ouis County — ^jurisdiction of Court of .Appeals. — The circuit court of St. I.ouis coui\ty shall be composed of five judges, and such additional i\umber as the General Assembly may from time to time provide. Each of said judges shall sit separately for the trial of causes and the transaction of business in special term. The judges of said circuit court may sit in general term, for tlie purpose of making rule^ of court, and for the transaction of such other business as may he provided by law. at such time as they may determine, but shall have no power to review any order, decision or proceeding of tlte court in special term. The St. Louis Court of Appeals shall have exclusive jurisdiction of all ap(>eals from and writs of error to the circuit courts of St. Charles. Lincoln and Warren counties, and the circuit court of St. Louis county, in special term, and all courts of record having criminal jurisdiction in said counties. [New provision. Const. 1S65, Art. 6. Sec 15. See amendnient of 1SS4, following- this article. 1 Sec, 2S. .Additional judai^s. provision for. — In any circuit composed of a single county, the G<>neral .Vssembly may. from lime to time, provide for one or more additional judges, as the business shall require: each of whom shall sep- arately try cases and perform all other duties imposed upon circuit judges, (New section.) Sec. 29. Yacauicy in office. dioint their own clerks. The clerks of all other courts of record shall be elective, for such terms and in such manner as may be directed by law: Provided, That the term of office of no existing clerk of any court of record not abolished by this Constitution, shall be affected by such law. I Const. 1S6".. .\rt. 6. Sec. 22. modified.] Sec. 40. (lerks. election of — ties and contests. — In case there be a tie or a contested election between candidates for clerk of any court of record, the same shall be determined in such manner as may be directed by law. [New section.) Sec. 41. Judse. rt^nioval for inability. — In case of the inability of any judge of a court of record to discharge the duties of his office with efficiency, by reason of continued sickness, or physical or mental infirmity, it shall be in the power of the General Assembly, two-thirds of the members of each house concurring, with the approval of the Governor, to remove such judge from office: but each house shall state on its respective journal the cause for which it shall wish his removal, and give him notice thereof, and he shall have the right to be heard In his defense, in such manner as the General Assembly shall by law direct. [NfW section.) Sec. 42. Existing; roDrt.li>ln'd. — The Supreme Court of the State shall designate what opinions delivered by the Court, or the Judges thereof, may be printed at the expense of the State: and the General .Assembly shall make no provision for payment by the State for the publication of any case decided by said court not so designated. [NewT section. ] Sec. 44. Judicial decisions free for publication. — All judicial decisions in this State shall be free for publication by any |>erson. [New section.) COURTS OF APPEAUS. rT!i.- f..;i..wir.i,- .itn- n.lin- nt t.. tl.-' r, ,i,st it u ti. in .xt.n.IlnB the jurisdiction of the St : IV Court of Appeiila. was » ii .ipproved March 29. 1SS3. «n.l luxt following the first yp) Probate Coij- - rx>ul8: See Henderson vs. Ko-'nlg. 16s Mo. 336. (i) Justices of ' in St. Louis: See State ex rel. vs. Walton. 69 Mo. 566; Spauldlng vs. Brady. 1-- 44 CONSTITUTION OI'' THE STATE OF MISSOUKI. [ART. VI. Section 1. St. Louis Court of .Appeals, extended jurisdiction. — The juris- diction of the St. Louis Court of Appeals is hereby extended so as to be coexten- sive with the counties of Monroe, Shelby, Knox, Scotland, Clark, Lewis, Marion, Ralls, Pike, Lincoln, Warren, St. Charles. St. Louis, Jefferson, Ste. Genevieve, Perry, Cape Girardeau, Scott. Mississippi, New Madrid, Pemiscot, Dunklin, Stod- dard, Wayne, Bollinger, Madison, St. Francois, Washington, Franklin, Crawford, Iron, Reynolds, Carter, Butler, Ripley. Oregon, Shannon, Dent, Plielps, Pulaski, Texas, Howell, Ozark, Douglas, Wriglit, Laclede, Webster, Christian, Taney, Stone. Greene, Lawrence, Barry, Newton and McDonald, as well as the city of St. Louis; and each judge thereof, when hereafter elected, shall be elected by the qualified voters of the counties and of the city under the jurisdiction of said court, and shall be a resident of the said territorial appellate district. [By Act of 1S89. Montgomery county, and by Act of 1S93, Audrain county are now included in the St. Louis Court of Ajipeals district. Sec. 2. Kansas Cit.v Court of Appeals, jurisdiction, terms, judges. — There is hereby establislied at Kansas City an appellate court, to be known as the Kansas City Court of Appeals, tlie jurisdiction of which shall be coextensive with all the counties in the State except those embraced in the jurisdiction of the St. Louis Court of Appeals. There shall be held in each year two terms of said Kansas City Court of Appeals, one on the first Monday of March and one on the first Monday of October. The Kansas City Court of Appeals shall consist of tliree judges, who sliall be elected by the qualified voters of the counties under the jurisdiction of said court, and shall be residents of said territorial appellate district. Sec. 3. Court of Appeals, additional may be established. — The General Assembly sliall have power by law to create one additional court of appeals, with a new district therefor; to change the limits of the appellate districts, and the names of the courts of ai)peals, designating the districts by numbers or otherwise; to change the time of holding the terms of said courts: to increase or diminish the pecuniary limit of the jurisdiction of the courts of appeals; to provide for the transfer of cases from one court of appeals to anotlier court of appeals; to provide for the transfer of cases from a court of appeals to the Supreme Court, and to provide for the iiearing and determination of such cases by tlie courts to which they may be transferred. Sec. 4. Kansas City Court of Appeals — first judges, appointment and election — Ijiw applicable to. — The first term of said Kansas City Court of Appeals sliall be held on the first Monday of March in the year 1SS5, and the first judges tliereof sliall, upon the adoption of this amendment, be appointed by the Governor of said State for the term of four years eacli, beginning on the first day of January, 1885, and at the general election in the year 1S8S, the first election for the judges of said court shall be held, and the [provisions of the Constitution of the State concerning tlie organization, the judges, the powers, tlie jurisdiction and proceedings of the St. Louis Court of Appeals as lierein amended, shall in all aiipropriate respects apply- to the Kansas City Court of Appeals, and to such additional court of appeals as may be by law created. Sec. 5. Supreme Court, exclusive appellate jurisdiction of. — In all causes or proceedings reviewable by the Supreme Court, writs of error shall run from the Supreme Court directly to the circuit courts and to courts having the jurisdiction pertaining to circuit courts, and in all such causes or proceedings, appeals shall lie from such trial courts directly to the Supreme Court, and the Supreme Court shall have exclusive jurisdiction of such writs of error and appeals, and shall in all such cases exclusively exercise suiierintending control over such trial courts. Sec. 6. Courts of .ippeals, cases nia.v be certified tt) Suineme Court, when. — When any one of said courts of a|)peals shall in any cause or proceeding render a decision which any one of the judges therein sitting shall deem contrary to any previous decision of any one of said courts of ap[)eals, or of the Supreme Court, tlie said Court of Appeals must, of its own motion, pending the same term and not afterward, certify and transfer said cause or proceeding and the original transcrijt therein to the Supreme Court, and thereupon the Supreme Court must rehear and determine said cause or [iroceeding, as in case of jurisdiction obtained Ijy ordinary appellate [irocess; and the last previous rulings of the Supreme Court on any question of law or equity shall, in all cases, be controlling authority in said courts of appeals. Sec. 7. Cases now pending in Supreme Coui-t transferred to Kansas City Court of Appeals. — All cases which may be pending in the Supreme Court at the time of the adoption of this amendment, which have not been submitted, and which by its terms would come within the territorial appellate jurisdiction of the Kansas City Court of Appeals, shall be certified and transferred to such court to be heard and determined by it. Sec. S. Supreme Court, superintending control of. — The Supreme Court shall have suiierintending control overthe courts of a[)peals by mandamtis. [)rohibition and certiorari. ART. \I.l CONSTITUTION OF TlIK STATI'. OI' MlSSOntl. 45 Sec. 9. Kansiis City Court of Appt'iils, I'oiirt-i'ooiii and olticcs. The Stale shall provide a suitable court-room at Kansas City, in which the Kansas City Court of Appeals shall hold its sessions: also a clerk's oftice and furnished oftices for the judges. Sec. 10. Judses of Courts of Appeals — salaries, liow paid. — The judges of the Kansas City Court of Appeals, and of such additional court of ai)peals as may be created by law, shall each annually receive a salary of three thousand five hundred dollars per annum, which, toRother with the entire salaries of the judges of the St. Louis Court of Ai)eals, shall be paid out of the State treasury. as the salaries of the judges of the Supreme Court are now paid, unless other- wise provided by law. Sec. 11. Constitution, inconsistent provisions rcsciiKled. — .A.11 provisions of the Constitution of this State, and all laws of this Stale which are inconsistent with this amendment, shall, so far as inconsistent, uixui its adoption, be forever rescinded and of no effect. SUPREME COURT. (The following amendment to the Constitution increasing- the numl)er of judses of the Supreme Court from four to seven and creating two divisions of the court, was submitted to the qualified voters by joint and concurrent resolution, and was ailopteii nt the general election held on the Tuesday next following the first Monday in November, 1S90.] Section 1. Xuniber of judfje.s — divisions of court — business, how divided — <|uoruni. — The Supreme Court shall consist of seven judses. and, after the lirst .Monday in .January. 1891. shall be divided into two divisions, as follows: One division to consist of four judges of the court and to be known as division number one. the other to consist of the remaining judges and to be known as division number two. The divisions shall sit separately for the hearing and dis|)osition of causes and matters pertaining thereto, and shall have concurrent jurisdiction of all matters and causes in the Supreme Court, exce|)t that division number two shall have exclusive cognizance of all criminal cases pending in said court: Provitlvd. That a cause therein may be transferred to the court as provided in section four of this amendment. The division of business of which said divisions have concurrent jurisdiction shall be made as the Supreme Court may deti'rniiiie. A majority of the judges of a division shall constitute a quorum thereof, and all orders, judgments and decrees of either division, as to causes tiiid matters piMuliiig before it, shall have the force and effect of those of the court. Sec. :;. .Appointment and election of .judges — term — divisions, how con- stiluted^-cliief justice — presiding' judges. — Upon the adoiition of this amend- ment, the Governor shall appoint two additional judges of the Supreme Court, who shall hold their offices until the first Monday in .lanuary, 1893, and at the general election in the year 1892 their successors shall be elected, who shall hold their offices for the term of ten years, as other judges of the Sui)reme Court. The two judges appointed by the Governor, together with the judge elected at the general election in the year 189tl, shall constitute division number two, and the remaining judges shall constitjite division number one. The court shall elect its chief justice and each division a presiding judge thereof. Sec, 3. Busiucs.s divided, liow — lu-actice^-opiiiions — ori;;iual writs. — The Su- preme Court shall assign to each division the causes and matters to be heard by it, of which assignment due public notice shall be given, and all laws relating to practice in the Supreme Cotirt, as well as the rules of the Supreme Court, shall apply to each division so far as they may be applicable thereto. The opinion of each division shall be in writing, and shall be filed in the causes in which they shall be respectively made during the term at which the cause is submitted, and such opinions shall be a part of the records of the Supreme Court. Each division shall have authority to issue the original writs and exercise the powers enumerated in section three of article six of the Constitution. Sec. 4. Ciuse transferred to court en banc, wlu-n. — When the judges of a division are equally divided in opinion in a cause, or when a judge of a division dissents from the opinion therein, or when a federal queston is involved, the cause, on the application of the losing party, shall be transferred to the court for its decision; or when a division in which a cause is pending shall so order, the cause shall be transferred to the court for its decision. Sec. a. Court may dispense with divisions — may re-divide. — Whenever 1« the opinion of the Supreme Court the state of its docket with reference to the speedy disposition of the business of the court will justify dispensing with the divis- ions hereinbefore provided, the court shall dispense therewith and thi» court shall thereafter hear and determine all causes pending in it: Pruvidcd. houcvcr. That the court shall have the power to again divide itself into two divisions, in like manner and with like power and effect as hereinbefore provided, whenever in the opinion oi six judges thereof, entered of record, the condition of its docket with reference to the speedy disposition of the business of the court so require; 46 CONSTITUTION OF THE STATE OF MISSOURI. [ARTS. VII and VIII. and in such division the four Judges oldest in commission shall constitute division number one, and the remaining judges division number two. Sec. 6. Repealing clau.se. — All provisions of the Constitution of the State and all laws thereof not consistent with this amendment, shall, upon its adoption, be forever rescinded and of no effect. ARTICLE vn. IMPEACHMENTS. Section 1. Officers liable to. — The Governor, Lieutenant-Governor, Secre- tary of State, State Auditor, State Treasurer, Attorney-General, Superintendent of Public Schools and Judges of the Supreme, Circuit and Criminal Courts, and of the St. Louis Court of Appeals, shall be liable to impeachment for high crimes or misdemeanors, and for misconduct, habits of drunkenness, or oppression In office. [See Const. 1865, Art. 7, Sec. 1.] Sec. 2. House impeaches. Senate tries — ^proceedings — punishment. — The House of Representatives shall have the sole power of impeachment. All im- peachments shall be tried by the Senate, and, when sitting for that purpose, the Senators shall be sworn to do justice according to law and evidence. When the Governor of the State is on trial, the Cliief Justice of the Supreme Court shall preside. No person shall be convicted without the concurrence of two-thirds of the Senators present. But judgment in such cases shall not extend any further than removal from office, and disqualification to hold any office of honor, trust or profit under this State. The party, whether convicted or acquitted, shall, nevertheless, be liable to prosecution, trial, judgment and punishment according to law. [Const. 1S65, Art. 7, Sees. 1 and 2. Last sentence is new.] ARTICLE \ail. SUFFRAGE AND ELECTIONS. Section 1. General elections, when held. — The general election shall be held biennially on the Tuesday next following the first Monday in November. The first general election under this Constitution shall be held on that day, in the year one thousand eiglit hundred and seventy-six; but the General Assembly may, by law, fix a different day — two-thirds of all the members of eacli house consenting thereto. [Same in substance as Const. 1S65. .\rt. 2, Sec. 2.] Sec. 2. Electors, qualifications of. — Every male citizen of the United States, and every male person of foreign birth who may have declared his intention to become a citizen of the United States according to law, not less than one year nor more than five years before he offers to vote, who is over the age of twenty-one years, possessing the following qualifications, shall be entitled to vote at all elections by the people: First, He shall have resided in the State one year immediately preceding the election at which he offers to vote. Second. He shall have resided in the county, city or town where he shall offer to vote at least sixty days immediately preceding the election. [Const. 18G5, Art. 2. Sec. IS.] Sec. 3. Elections, how conducted and contested. — All elections by the people shall be by ballot; every ballot voted shall be numbered in the order in which it shall be received; and the number recorded by the election officers on the list of voters, opposite the name of the voter who presents the ballot. The election officers shall be sworn or affirmed not to disclose how any voter shall have voted, unless required to do as witnesses in a judicial proceeding: Provided. That in all cases of contested elections the ballots cast may be counted, compared with the list of voters, and examined under such safeguards and regulations as may be prescribed by law. [First provision .same as Const. 1865, Art. 2, Sec. 1. Remainder new.] Sec. 4. V'oters free from arrest, when. — Voters shall, in all cases except treason, felony or breach of the peace, be privileged from arrest during their attend- ance at elections, and in going to and returning therefrom. [Same in suLo'ance as Const. 1865. Art. 2. Sec. 22.] Sec. 5. Registration in cities and counties. — The General Assembly shall pro- vide, by law, for the registration of all voters in cities and counties having a popula- tion of more than one hundred thousand inhabitants, and may provide for such reg- istration in cities having a population exceeding twenty-five thousand inhabitants and not exceeding one hundred thousand, but not otherwise. [See Const. 1865. Art. 2, Sec. 4.] AHT. VIII.] CONSTITUTION OF THK STATE OF MISSOURI. 47 Sec. 6. Elections viva voce, wlu'ii. — All elections, by persons in a representa- tive capacity, shall be viva voce. [Now section.) Sec. 7. Kesidciice as voter not gained or lost, when. — For tlie purpose of voting, no person shall bo deemed to have gained a residence by reason of his pres- ence, or lost it by reason ot his absence while employed in the service, either civil or military, of this State, or of the United States, nor while engaged in the navigation of the waters of the State or of the United States, or of the high seas, nor while a student of any institution of learning, nor while kept in a poor house or other asylum at public expense, nor while confined in public prison. [.s,o Const. 1S65. Art. 2, Sec. 20.] Sec. 8. Who disqualified as voters. — No i)erson, while kei)t at any poor-house or other asylum, at public expense, nor while confined in any public prison, shall be entitled to vote at any election under the laws ot tliis State. (New section.] Sec. 9. Contested elections, trial of, etc. — The trial and determination of con- tested elections of all public officers, whether State, judicial, municipal or local, ex- cept Governor and Lieutenant-Governor, shall be by the courts of law, or by one or more of the judges threeof. The General Assembly shall, by general law, designate the court or judge by whom the several classes of election contests shall be tried, and regulate the manner of trial and all matters incident thereto; but no such law, assigning jurisdiction or regulating its exercises, shall apply to any contest arising out ot any election held before said law shall take effect. [See Const. ISS:.. Art. 2. Sees. 19 and 21.) Sec. 10. Criminals may l)c disqualified. — The General Assembly may enact laws excluding from the riglat of voting all persons convicted of felony or other in- famous crime, or misdemeanor connected with the exercise of the right of suffrage. (New section. See Const. lSfi5. Art. 2. Soo. 26.) Sec. 11. OiTiccrs, soldiers and marines disqualified. — No officer, soldier or ma- rine in the regular army or navy ot the United States shall be entitled to vote at any election in this State. [Const. ISO.'). .Vrt. 2. Sec. IG.] Sec. 12. Aliens not to be appointed or elected. — No person shall be elected or appointed to any office in this State, civil or military, who is not a citizen of the United States, and who shall not have resided in this State one year next preceding his election or appointment. [New section.] ARTICLE IX. COUNTIES, CITIES AND TOWNS. Section 1. Counties now existing recognized. — The several counties of this State, as they now exist, are herel)y recognized as legal subdivisions of the State. (;') [New section.) Sec. 2. County seats, removal of, when submitted. — The General Assembly shall have no power to remove the county seat of any county, but the removal of county seats shall be provided for by general law; and no county seat shall be re- moved unless two-thirds of the qualified voters of the county, voting on the proposi- tion at a general election, vote therefor; and no such proposition shall be submitted oftener than once in five years. All additions to a town which is a county seat shall be included, considered and regarded as part of the county seat. [Const. 1S6.S. Art. 4. Sec. 30. modified.) Sec. 3. Xew counties, divisions of counties by vote, etc. — The General Assem- bly shall have no i)ower to establish any new county with a territory of less than four hundred and ten square miles, nor to reduce any county now established to a less area or less population than required for a ratio of rejiresentation existing at the time; but when a new county is formed having a population less than a ratio of rep- resentation, it shall be attached tor representative purposes to the county from which the greatest amount of territory is taken until such ratio shall be obt;iined. No county shall be divided or have any portion stricken therefrom without submitting the question to a vote of the people of the county, nor unless a majority ot all the qualified voters of the county or counties thus affected, voting on the question, shall vote therefor; nor shall any new county bo established, any line of which shall run within ten miles ot the then existing county seat of any county. In all cases of the establishment of any new county, the new county shall be held for and obliged to pay its ratable proportion of all the liabilities then existing of the county or counties from which said new county shall be formed. [Const. 1S6.1. Art. ■». Sec. 31. modified.) Sec. 4. Counties, part stricken off, how. — No part of the territory of any county shall be stricken off and added to an adjoining county without submitting O; City of St Ixiuia. sec: State ex rel. vs. Finn. 4 Mo. app. 847: as to .' being a political sub-dlvlslon of the Siate, see note to Charter, Art. XVI, Sec. 4jJ CONSTITUTION OF THE STATE OF MISSOURI. [ART. IX. the question to the qualified voters of the counties immediately interested, nor un- less a majority of all the qualified voters of the counties thus affected, voting on the question, shall vote therefor. When any part of a county is stricken off and attached to another county, the part stricken off shall be holden for and obliged to pay its proportion of all the liabilities then existing of the county from which it is taken. [New section.] Sec. 5. Xew county, liability ol. — When any new county, formed from con- tiguous territory taken from older counties, or when any county to which territory shall be added taken from an adjoining county shall fail to pay the proportion of in- debtedness of such territory to the county or counties from which it is taken, then it may be lawful for any county from which such territory has been taken to levy and collect, by taxation, the due proportion of indebtedness of such territory, in the same manner as if the territory had not been stricken off. [New section.] Sec. 6. Municipalities not to subscribe to capital stock of corporation.s. — No county, township, city or other municipality shall hereafter become a subscriber to the capital stock of any railroad or other corporation or association, or make appro- priation or donation, or loan its credit to or in aid of any such corporation or asso- ciation, or to or in aid of any college or institution of learning or other institution, whether created for or to be controlled by the State or others. All authority here- tofore conferred for any of the purposes aforesaid by the General Assembly, or by the charter of any corporation, is hereby rejiealed: Provided, houever. That noth- ing in this Constitution contained shall affect the right of any such municipality to make such subscription, where the same has been authorized under existing laws by a vote of the people of such municipality prior to its adoption, or to prevent the issue of renewal bonds, or the use of such other means as are or may be prescribed by law for the liquidation or payment of such subscription, or of any existing in- debtedness. [See Const. 1S65, Art. 11, Sec. 14.] Sec. 7. Cities and towns, organizations and classification. — The General As- sembly shall provide, by general laws, for the organization and classification of cities and towns. The number of such classes shall not exceed four; and the power of each class shall be defined by general laws, so that all such municipal corporations of the same class shall possess the same powers and be subject to the same restric- tions. The General Assembly shall also make iirovisions, by general law. whereby any city, town or village, existing by virtue of any special or local law, may elect to become subject to, and be governed by, the general laws relating to such coriiora- tions. [See Const. 1865, Art. S, Sec. 5.] Sec. 8. Tcnvnship organization — county justices. — The General Assembly may lirovide, by general law, for township organization, under which any county may organize whenever a majority of the legal voters of such county, voting upon that proposition, at any general election, shall so determine: and whenever any county shall adopt township organization, so much of this Constitution as provides for the management of county affairs, and the assessment and collection of the revenue by county officers, in conflict with such general law for township organization, may be dispensed with, and the business of said county, and the local concerns of the sev- eral townships therein, may be transacted in such manner as may be prescribed by law: Provided, That the justices of the county court in such cases shall not exceed three in number. [New section. Section, as amended, adopted in 1902.] Sec. 9. Township organization discontinued, how. — In any county which shall have adopted "township organization," the question of continuing the same may be submitted to a vote of the electors of such county at a general election, in the man- ner that shall be provided by law; and if a majority of all the votes cast upon that question shall be against township organization, it shall cease in said county; and all laws in force in relation to counties not having township organization shall im- mediately take effect and be in force in such county, [New section.] Sec. 10. .Sheriffs and Coroners. — There shall be elected by the qualified vot- ers in each county on the first Tuesday next following the first Monday in Novem- ber, A. D., 1908, and thereafter every four years, a sheriff and coroner. They shall serve for four years and until their successors be duly elected and qtialified, unless sooner removed for malfeasance in office. Before entering on the duties of their office, they shall give security in the amount and in such manner as shall be pre- scribed by law and shall be eligible only four years in any one period. Whenever a county shall be hereafter established, the governor shall appoint a sheriff and coroner therein, who shall continue in office until the next succeeding general election and until their successors shall be duly elected and qualified. [As amended, adopted in 19116.] (<•) (/•) See note to Charter Art, IV Sec. 1; Scheme, Sec. 5. AEIT. IX.] CONSTITUTION OF THK STATIC OP MISSOURI. 49 Sec. 11. Sheriffs or coroner — vaijiii«y in tilVicc. — Whenever a vacancy shall happen in the office of sheriff or coroner, the same shall be filled Ijy the county court. If such vacancy happen in the office of sheriff more than nine months prior to the time of holding a general election, such county court shall immediately order a special election to fill the same, and the person liy it appointed shall hold office until the person chosen at such election shall he duly (lualified; otherwise, the person ap- pointed by such county court shall hold office until the person chosen at such general election shall be duly qualified. If any vacancy happen in the office of coroner, the same shall be filled for the remainder of the term by such county court. No person elected or appointed to fill a vacancy in either of said offices shall thereby be ren- dered ineligible for the next succeeding term. (Const. 1S65. Art. 5, Sec. 23.] Sec. 12. County ofllcors — fees of. — The General Assembly shall, by a law uniform in its operation, provide for and regulate the fees of all county officers, and Tor this purpose may classify the counties by population. (New section.] Sec. 13. Fees of county or city officers, limit — quarterly returns. — The fees of no executive or ministerial officer of any county or iuunici|)ality, exclusive of the salaries actually paid to his necessary deputies, shall exceed the sum of ten thousand dollars for any one year. Every such officer shall make return, quarterly, to the county court of all fees by him received, and of the salaries by him actually [laid to his deiiuties or assistants, stating the same in detail, and verifying the same by his affidavit: and for any statement or omission in such return, contrary to truth, such officer shall be liable to the penalties ot willful and corru|)t perjury. (New section.] Sec. 14. K.Ytra officers, duties and terms. — Except as otherwise directed by this Constitution, the General Assembly shall provide for the election or appointment of such other county, township and municipal officers as public convenience may re- quire; and their terms of office and duties shall be prescribed by law; but no term ot office shall exceed four years. (New section.] bee. 15. City and count,v governnn'nl>, consolio State and nuinicipnl officer, etc. — In cities or counties having more than two hundred thousand inhabitants, no person shall, at the 50 CONSTITUTION OF THE STATE OF MISSOURI. [ART. IX. same time, be a State officer and an officer of any county, city or other municipality; and no person shall, at the same time, fill.two municipal offices, either in the same or different municipalities; but this section shall not apply to notaries public, justices of the peace or officers of the militia, (o) [New section.] Sec. 19. Municipal indebtedness, payment of. — The corporate authorities of any county, city, or other municipal subdivision of this State, having more than two hundred thousand inhabitants, which has already exceeded the limit of indebtedness prescribed in section twelve of article X of this Constitution, may, in anticipation of the customary annual revenue thereof, appropriate, during any fiscal year, toward the general governmental expenses thereof, a sum not exceeding seven-eighths of the entire revenue applicable to general governmental purposes (exclusive of the pay- ment of the bonded debt of such county, city or municipality) that was actually raised by taxation alone during the preceding fiscal year; but until such excess of indebted- ness cease, no further bonded debt shall be incurred, except for the renewal of other bonds, (b) [New section.] CITY OF ST. LOUIS. Sec. 20. City of St. Louis, extension of limits, adoption of charter. — The city of St. Louis may extend its limits so as to emijrace the parks now without its bounda- ries, and other convenient and contiguous territory, and frame a charter for the gov- ernment of the city thus enlarged, upon the following condition, that is to say: The council of the city and county court of the county of St. Louis shall, at the request of the mayor of the city of St. Louis, meet in joint session and order an election, to be held as provided for general elections, by the qualified voters of the city and county, of a board of thirteen freeholders of such city or county, whose duty shall be to propose a scheme for the enlargement and definition of the boundaries of the city, the reorganization of the government of the county, the adjustment of the relations between the city thus enlarged and the residue of St. Louis county, and the govern- ment of the city thus enlarged, by a charter in harmony with and subject to the Constitution and laws of Missouri, which shall, among other things, provide for a chief executive and two houses of legislation, one of which shall be elected by general ticket, which scheme and charter shall be signed in duplicate by said board or a majority of them, and one of them returned to the mayor of the city and the other to the presiding justice of the county court within ninety days after the election of such board. Within thirty days thereafter the city council and county court shall submit such scheme to the qualified voters of the whole county, and such charter to the qualified voters of the city so enlarged, at an election to be held not less than twenty nor more than thirty days after the order therefor; and if a majority of such qualified voters, voting at such election, shall ratify such scheme and charter, then such scheme shall become the organic law of the county and city, and such charter the organic law of the city, and at the end of sixty days thereafter shall take the place of and supersede the charter of St. Louis, and all amendments thereof, and all special laws relating to St. Louis county inconsistent with such scheme, (c) [New section.] Sec. 21. Scheme and clvarter, how authenticated — .judicial notice. — A copy of such scheme and charter, with a certificate thereto appended signed by the mayor and authenticated by the seal of the city, and also signed by the presiding justice of the county court and authenticated by the seal of the county, setting forth the submission of such scheme and charter to the qualified voters of such county and city, and its ratification by them, shall be made in duplicate, one of which shall be deposited in the office of the Secretary of State, and tlie other, after being recorded in the office of the recorder of deeds of St. Louis county, shall be deposited among the archives of the city, and thereafter all courts shall take judicial notice thereof, (d) [New section.] Sec. 2 2. Charter, how amended. — The charter so ratified may be amended by proposals therefor submitted by the lawmaking authorities of the city to the qualified voters thereof, at a general or special election held at least sixty days after the publication of such proposals and accepted by three-fifths of the qualified voters voting for or against each of said amendments so submitted; and the lawmaking authorities of sucli city may order an election by the qualified voters of the city of a board of thirteen freeholders of such city to prepare a new charter for such city, which said charter shall be in harmony with and subject to the constitution and laws (a) See note (and authorities there cited) to Sec. 10 of Art. IV of the Charter ae to qualifications of citv officers. (61 .See note to Charter, Art. III. "ec. 26, clause 1. (c) For antlioritios and coniments on the boarinK and effect of this provision of the constitution (as ^vell as the following sections) see note hereinafter, introductory to the Charter (note under "General Considerations Respecting the Charter.") (rf) See Walsh vs. Railroad. 102 Mo. 5S2, 589; St. Louis vs. Lang. 131 Mo. 412. 420; State ex rel vs. Sutton, 3 Mo. App. 38S; State ex rel, vs. Finn. 4 Mo. App. 348. For further authorities and discussion see note introductory to the cliarter. AKTS. IX, X. 1 CONSTITUTION .OF TllIO STATK OF MISSDUUI. 51 of the state, and shall provide, among other things, for a chief executive and at least one house of legislation to be elected by a general ticket. Said revised charter shall be submitted to the (lualified voters of such city at an election to be held not less than twenty nor more than thirty days after the order therefor, and if a majority of such qualilied voters voting at such election ratify such charter, then said charter shall become the organic law of such city, and sixty days thereafter shall take effect and supersede the charter of such city and all special laws inconsistent there- with, (e) [New section. Section, ns aminiUil. adopted in 1902.1 Sec. 23. Charter in harmony with constitution niul law.s — various provisions under. — Such charter and ainendinenls shall always be in harmony with and sub- ject to the Constitution and laws of Missouri, except only that provision may be made lor the graduation of the rate of taxation for city purposes in the portions of the city which are added thereto by the proposed enlargement of its boimdaries. In the adjustment of the relations between city and county, the city shall take upon itself the entire park tax: and in consideration of the city becoming the proprietor of all the county buildings and property within its enlarged limits, it shall assume the whole of the existing county debt, and thereafter the city and county of St. Louis shall be independent of each other. The city shall be exempted from all counsy taxa- tion. The judges of the county court shall be elected by the qualified voters outside of the city. The city, as enlarged, shall be entitled to the same representation in the General Assembly, collect the State revenue and perform all othei- fimctions in rela- tion to the State, in the same manner, as if it were a county as in this Constitution defined: and the residue of the county shall remain a legal county of the Slate of .Missouri, imder the name of the county of St. I^ouis. I'ntil the next apportionment for Senators and Rejjresentatives in the General Assembly, the city shall have six Sen- ators and fifteen Representatives, and the county one Senator and two Representa- tives, the same being the number of Senators and Representatives to which the county of St. Louis, as now organized, is entitled under sections eight and eleven of article IV of this Constitution, if) (Now section.] Sec. 24. Courts of St. Louis, city and count.v. — The county and city of St. Louis, as now existing, shall continue to constitute the Eighth judicial circuit, and the jurisdiction of all courts of record, except the county court, shall continue until otherwise provided by law. (<;) I New section. By Act of 1S77. St. Louis count.v was taken out of the ElKlith circuit. I Sec. 2,T. St. Louis subordinate a,s other cities and counties. — Notwithstanding the provisions of this article, the General Assembly shall have the same power over the city and county of St. Louis that it has over other cities and counties of this State. I h ) (New section.! ARTICLE X. REVENUE AND TAXATION.* Section 1 . Ta.vine power, how evercised.^The taxing power may be exercised by the General Assembly for State purposes, and by counties and other municipal cori)orations, under authority granted to them by the General Assembly, for county and other corporate purposes. [New section.] Sec. 2. Power to ta.\ corporations not to !)<• surrcndcn-d. — The power to tax cori)orations and corporate property shall not be surrendered or suspended by act of the General Assembly. (New 91'ctlon.l Sec. 3. Ta.\es for public purposes must In- uniform. — Taxes may be levied and collected for public iiiir|>nses only. They shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax, and all taxes shall be levied and collected by general laws. [New section] Sec. 4. Ta.\rs In proportion to value. — All property subject to taxation shall be taxed in proportion to its value. (Const. lS6a. Art. 1. Sec. 30.1 See note to Charter, Art. XVI. Sec. 19. For full discussion and reference to authorities upon this ' - note I 'ti^i.l. rations on the Charter") Introductory to the Charter. As to power ' t.' and cases to Art. V. Sec. I of the C!harter. 1 .11 .< .-^t.ite ex rel. vs. Wal."li. i">i> Mo. ids. 111; State ex rel. vs. Lauehlln. 75 Mo. 117. .S.-,- 111.40 In connection herewith note Introductory to charter, (paraprraphs "Transfer of countv functions" and "In how far the cltv Is to t>e treated as a county.") (<>■> State ex rel. vs. Ky. Co.. l.-ll Mo. ir.2. IS2; State ex rel. vs. Walsh. G» Mo. (OS. 411; State ex rel. vs. Walton. 69 Mo. B56. And see further discussion and cases cited In the note Introductorj- to charter. •Amendments proposed to be submitted at election In 1908. (Laws 1907. p. 460.) it) (/) Cli. ■II, r. ..f t .L \ : r 52 CONSTITUTION OF THE STATK OF MISSOURI. [ART. X. Sec. 5. Railway corporations, taxed for what purposes. — All railroad corpora- tions in this State, or doing business therein, shall he subject to taxation for State, county, school, municipal and other purposes, on the real and personal projierty owned or used by them, and on their gross earnings, their net earni-ngs, their fran- chises and their capital stock. [New section.] Sec. 6. Property e.\enipt from taxation. — The property, real and personal, of the State, counties and other municipal corporations, and cemeteries, shall be exempt from taxation. Lots in incorporated cities or towns, or within one mile of the limits of any such city or town, to the extent of one acre, and lots one mile or more distant from such cities or towns, to the extent of five acres, with the buildings thereon, may be exempted from taxation, when the same are used exclusively for religious worship, for schools, or for purposes purely charitable; also, such property, real or personal, as may be used exclusively for agricultural or horticultural societies: Pro- vided. That such exemptions shall be only by general law. [The Const. 1S65, exempted property belonging to the U. S., the State, counties and municipal corporations and public school property. Art. XI, Sec. 16. See Art. XIV, Sec. 1.] Sec. 7. Other exemptions void. — All laws exempting property from taxation, other than the property above enumerated, shall be void. [New section.] Sec. 8. Rate for State pui-poses. — The State tax on property, exclusive of the tax necessary to pay the bonded debt of the State, shall not exceed twenty cents on the hundred dollars valuation; and whenever the taxable property of the State shall amount to nine hundred million dollars, the rate shall not exceed fifteen cents. [New section. Rate reduced to 15 cents in 1895.] Sec. 9. Liability of municipalities — no commutation. — Xo county, city, town or other municipal corporation, nor the inhabitants thereof, nor the property therein, shall be released or discharged from their or its proportionate share of taxes to be levied for State purposes, nor shall commutation for such taxes be authorized in any form whatsoever. [New section.] Sec. 10. General Assembly shall not tax municipalities, when. — The General Assembly shall not impose taxes upon counties, cities, towns or other municipal cor- porations or upon the inhabitants or property thereof, for county, city, town or other municipal purposes, but may, by general laws, vest in the corporate authorities thereof the power to assess and collect taxes for such purposes. [New section.] Sec. 1 1 . RiJtes for local purposes — limits — how increased for schools and erecting public buildings. — Taxes for county, city, town and school purposes may be levied on all subjects and objects of taxation; but the valuation of property there- for shall not exceed the valuation of the same property in such town, city or school district tor State and county purposes. For county purposes the annual rate on property, in counties having six million dollars or less, shall not, in the aggregate, exceed fifty cents on the hundred dollars valuation; in counties having six million dollars and under ten million dollars, said rate shall not exceed forty cents on the hundred dollars valuation; in counties having ten million dollars and under thirty million dollars, said rate shall not exceed fifty cents on the hundred dollars valua- tion; and in counties having thirty million dollars or more, said rate shall not exceed thirty-five cents on the hundred dollars valuation. For city and town purposes the annual rate on property in cities and towns having thirty thousand inhabitants or more shall not, in the aggregate, exceed one hundred cents on the hundred dollars valuation; in cities and towns having less than thirty thousand and over ten thousand inhabitants, said rate shall not exceed sixty cents on the hundred dollars valuation; in cities and towns having less than ten thousand and more than one thousand in- habitants, said rate shall not exceed fifty cents on the hundred dollars valuation; and in towns having one thousand inhabitants or less, said rate shall not exceed twenty-five cents on the hundred dollars valuation. For school purposes in districts composed of cities which have one hundred thousand inhabitants or more, the annual rate on property shall not exceed sixty cents on the hundred dollars valuation, and in other districts forty cents on the hundred dollars valuation: Provided. The afore- said annual rates for school purposes may be increased, in districts formed of cities and towns to an amount not to exceed one dollar on the hundred dollars valuation, and in other districts to an amount not to exceed sixty-five cents on the hundred dollars valuation, on the condition that a majority of the voters who are taxpayers, voting at an election held to decide the question, vote for said increase. For the pur- pose of erecting public buildings in counties, cities or school districts, the rates of taxation herein limited may be increased when the rate of such increase and the pur- pose for which it is intended shall have been submitted to a vote of the people, and two-thirds of the qualified voters of such county, city, or school district, voting at such election, shall vote therefor. The rate herein allowed to each county shall be AHT. X.] CONSTITUTION OV THE STATIC OF MISSOURI. 53 ascertained by the amount of taxable property therein, according to the last assess- ment for State and county purposes, and the rate allowed to each city or town by the number of inhabitants, according to the last census taken under the authority of the State, or of the United States; said restrictions as to rates shall apply to taxes of every kind and description, whether general or special, except taxes to pay valid indebtedness now existing, or bonds which may be issued in renewal of such indebt- edness; I'roiitled. That the city of St. Louis may levy for municipal purposes, in addition to the municipal rate of taxation above provided, a rate not exceeding the rate which would be allowed for county purposes if said city were part of a county, (i) [New section. Section as amended (2 amendments) adopted in 1902.] Sec. Ua. S|H'cial road tiix levy authorized. — In addition to taxes authorized to be levied for county purposes under and by virtue of section eleven, article 10 of the Constitution of this State, the county court in the several counties of this State not under township organization, and the township board of directors in the several counties under township organization, may in their discretion, levy and collect a special tax not exceeding fifteen cents on each one hundred dollars valuation, to be \ised for road and bridge purposes, but for no other purpose wliatever; and the power hereby given said county courts and township boards is declared to be a discretionary power. This constitutional amendment shall not apply to the cities of St. Louis, Kansas City and St. Joseph. (;) (New section; adopted in 1900.] Sec. 12. >lunici|ml indebtedness, limit of. — No county, city, town, township, school district or other political corporation or subdivision of the State, shall be al- lowed to become indebted in any manner or for any purpose to an amount exceeding in any year the income and revenue provided for such year, without the assent of two-tlilr'ds of the voters thereof voting at an election to be held for that purpose; nor in cases requiring such assent shall any indebtedness be allowed to be incurred to an amount including existing indebtedness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the assess- ment next before the last assessment for State and county purposes, previous to the Incurring of such indebtedness; Provided. That with such assent any county may be allowed to become indebted to a larger amount for the erection of a court house or jail, or for the grading, constructing, paving or maintaining of paved, graveled, ma- cadamized or rock roads and necessary bridges and culverts therein; and provided, turthvr. That any county, city, town, township, school district or other political cor- I)oration or subdivision of the State, incurring any indebtedness, requiring the assent of the voters as aforesaid, shall, before or at the time of doing so, provide for the col- lection of an annual tax sufficient to pay the interest on such indebtedness as it falls due. and also to constitute a sinking fund for payment of the principal thereof, within twenty years from the time of contracting the same; Provided, further. That the provisions of this section shall not apply to counties having cities that now have or which may hereafter have, one hundred thousand or more inhabitants: nor to cities that now have or may hereafter have over three hundred thousand inhabitants; [Provided, That in the city of St. Louis the amount of bonds now aggregating $(!. II l.OoO that being the amount assumed by said city in the scheme of separation from the county of St. Louis, and the sum of $,5,808,000, heretofore, prior to January 1, 1901, expended in the construction of waterworks for the city of St. Louis, and any bonds which may be hereafter issued by said city in the construction and improvement of waterworks, the payment of the interest whereon and the principal whereof shall be provided from the revenue of said waterworks; that is to say, the amount of said bonds which shall be outstanding at any time shall not be included in the computa- tion of the existing bonded indebtedness in determining the amoiml of bonds author- ized to be issued by said city with the assent of two-thirds of the voters under the provisions of this article, but said city shall be authorized at any time to issue bonds with the assent aforesaid, to an amount including the outstanding indebtedness other than that above named, to the amount of five per cent, of the value of the taxable proiKTty in said city, to be ascertained as above provided, and said city shall have power, with such assent of the voters, to issue bonds for the construction and im- provement of waterworks, the interest whereon and the principal whereof shall bo provided for from the income of said waterworks. Said city shall establish a sinking fund for the payment of the bonds so authorized according to the time fixed for the maturity of the same; Provided, further, that in the city of Kansas City, the amount of bonds issued by said city, bearing date July 1. 189.5, for acquiring waterworks and all bonds hereafter issued in renewal of said bonds or any portion thereof shall not be included in the computation of the existing bonded indebtedness of said city in (»•) See note to Art. V. Sec. 1 of the Charter ;i 1 of the Charter. '/> This section Is void, because In conflict with the Hth amendment of the U. S. Constitution: State .x rel va Hiillwiiv 10;'. Mo 228. 54 CONSTITUTION OF THE STATE OF MISSOURI. [ART. X. determining the amount of bonds authorized to be issued by said city, with the assent of two-thirds of the voters under the provisions of this article, but said city shall be authorized at any time to issue bonds with the assent aforesaid to an amount includ- ing outstanding indebtedness, other than that above named, to the amount of five per centum of the value of the taxable property in said city to be ascertained as above specified : And provided further, Tha.t the corporate authorities of the city of St. Louis are hereby authorized to issue interest bearing bonds of said city in the amount of five million dollars, at a rate of interest not to exceed four per cent, per annum, the principal payable within thirty years from the date of their issue, and the proceeds thereof shall be paid to the corporation organized tor the celebration of the Louisiana Purchase Centennial in said city, to be used by said corporation for said celebration, in holding a World's Fair or Exposition in said city. And said corporate authorities' of St. Louis shall be repaid as large a proportionate amount of the aid given by them as shall be repaid to the stockholders of said corporation on the sum subscribed and paid by them, and any surplus remaining from the assets of said cor- poration after said stockholders and said city shall have been paid in full, shall be divided between said stockholders and said city in proportion to the aggregate amount of said stock so paid in and the amount so loaned by said city; and any amount so received by said city from said corporation shall be paid into the sinking fund of said city for the redemption of its outstanding bonds; Provided, That if at the elec- tion for the adoption of this amendment to the Constitution a majority of liie votes cast within the limits of said city of St. Louis voting for and against this amend- ment, shall be against its adoption, then no bonds shall be issued under this amend- ment: And provided, further. That no such indebtedness so created shall be-in any part thereof paid by the State or from any State revenue, tax or fund, but the same shall be paid by the city of St. Louis alone.] (fc) [New section. IST.^i, Section wa.s ;uncnded in 1900, again in 1902 and again in 11)0K,| Sec. 12a. Id. For Hatcrwoik.s, etc., in city of 30,000 and not Ic-.ss than 2,000 — Any city in this State containing not more than thirty thousand (30,000) nor less than "two thousand (2,000) inhabitants, may, with the assent of two-thirds of the voters thereof voting at an election to be held for that purpose be allowed to become indebted in a larger amount than specified in section twelve of article ten (X) of the Constitution of this State, not exceeding an additional five (5) per centum on the value of the taxable property therein, for the purpose of purchasing or constructing waterworks, electric or other light plants, to be owned exclusively by the city so pur- chasing or constructing the same; Provided. That any such city incurring any such indebtedness requiring the assent of the voters as aforesaid, shall have the power to provide for, and, before or at the time of incurring such indebtedness, shall provide for the collection of an annual tax in addition to the other taxes provided for by this Constitution, sufficient to pay the interest on such indebtedness as it falls due. and also to constitute a sinking fund for the payment of the principal thereof, within twenty years from the time of contracting the same, any provision in this Constitu- tion to the contrary notwithstanding. (M [Section adopted in 1902.] Sec. 13. Private property not to be sold for corporate debt. — The private property shall not be taken or sold for the payment of the corporate debt of a municipal corporation. [New section.] Sec. 14. Ordinance 180.5, abolislied — payment of State debt. — The tax au- thorized by the sixth section of the ordinance adopted June sixth, one thousand eight hundred and sixty-five, is hereby abolished, and hereafter there shall be levied and collected an annual tax sufficient to pay the accruing interest upon the bonded debt of the State, and to reduce the princiiial thereof each year by a sum not less than two hundred and fifty thousand dollars; the proceeds of which tax shall be paid into the State treasury, and appropriated and paid out for the purposes expressed in the first and second subdivisions of section forty-three of Article IV of this Constitution. The funds and resources now in the State interest and State sinking funds shall be ap- propriated to the same purposes; and whenever said bonded debt is extinguished, or a sum sufficient therefor has been raised, the tax provided for in this section shall cease to be assessed. [New section.] (k) See note to Charter. Art. III. Sec. 2(5, clause 1. and notes to Art. V. Sinkin,!? fund to pay city bonds, see Charter Art. XIV. It is to be observed tliat in tile resolution .submitting the amendment to be adopted in November, 1906, that portion added by the amendment adopted in 1902, (indicated by enclosure in brackets above) was omitted altogether. The amendment in ISOG added the portion between the words "jail" and the next "and provided further." to the original section, without noticing the inter- vening amendment In 1902 which had added that part referring to St. Louis and Kansas City. See resolution set forth in Session Laws 1905, p. 309-310. See State ex rel. vs. Allen, 183 Mo. 283. (I) See State ex rel. vs. Wilder, 197 Mo. 1. Proposed amendment to be voted on In 1908 (Laws 1907, p. 454.) A new sec. 12b is to be submitted at same time (ib. p. 453). Increasing the limit ot Indebtedness in cities over 100.000. .^HT X. I CONSTITVTION OF TlllC STATK OF MlSSOUUl. 50 Sec. 15. l>eposit of State funds by treiisufcr — how «lisliursccl. — All moneys now. or at any time lieroafter. in the State treasury, beloiigins lo the State, shall, im- mediately on receipt thereof, be deposited by the Treasurer lo the credit of the State for the honelil of the funds to which they respectively belong, in siich bank or banks as he may. from time to time, with the approval of the Governor and Attorne.v- tteneral. select, the said bank or banks giving security, satisfactory to the Governor and Attorney-General, for the safe keeping and payment of such deposit, when de- manded by the State Treasurer on his check — such bank to pay a bonus for the use of sucii deposits not less than the bonus paid by other banks for similar deposits; and the same, together with such interest and profits as may accrue thereon, shall be disbursed by said Treasurer for the purposes of the State, according to law, upon war- rants drawn by the State Auditor, and not otherwise. (NfW section.] i?ec. 16. Treasurer's account. — The Treasurer shall keep a separate account of the funds, and the number and amount of warrants received, and from whom: and shall i)ublish. in such manner as the Governor may designate, quarterly statements, showing the amount of State moneys and where the same are kept or deposited. INuw .siition.l See. 17. tH'lUer not to speculate in public funds — felony. — The making of profit out of State, county, city, town or school district money, or using the same for any purpose not authorized by law, by any public officer, shall be deemed a felony, and shall be punished as provided by law. |Niw sc-otlon.l Sec. 18. State Board of Equalization — members. — There shall be a State Board of Equalization, consisting of the Governor, State .\udltor. State Treasurer. Secretary of State and Attorney-General. The duty of said board shall be to adjust and equalize the valuation of real and personal property among the several coimties in the Stale, and it shall perform such other duties as are or may be presecribed by law. (New section. I Sec. 19. Money to be paid as appropriated — limit — bow, continued — receipts nnd e\pi>nditures. — No moneys shall ever be paid out of the treasury of this State, or any nf the funds under its management except in pursuance of an api)ropriatioii by law; nor unless such payment be made, or a warrant shall have issued therefor. within two years after the passage of such api)ropriation act; and every such law, making a new appropriation, or continuing or reviving an appro|)riation, shall dis- tinctly specify the sum appropriated, and the object to which it is to be applied: and it shall not be sufficient to refer to any other law to fix such sum or object. A regular statement and account of the receipts and expenditures of all public money ahall be published from time to time. [Now except first clause. Const. 1S65, Art. XI. Sec. 6.) Sec. 20. Money from loans — bow applied. — -The moneys arising from any loan, debt or liability, contracted by the State, or any county, city, town or other municipal corporation, shall be applied to the purposes for which they were obtained. or to the payment of such debt or liability, and not otherwise. (New section.) Sec. 21. Corporations — fees to be paid when incorporated. — N'o corporation, company or association, other than those formed for benevolent, religious, scientific or educational purposes, shall be created or organized under the laws of this State, unless the persons named as corporators shall, at or before the filing of the articles of ass(x;iation or incorporation, pay into the State treasury fifty dollars for the first fifty thousand dollars or less of capital stock, and a further sum of five dollars for every additional ten thousand dollars of its capital stock. And no such corporation, com- pany or association shall increase Its capital stock without first paying into the treasury Ave dollars for every ten thousand dollars of increase: Pravidcd. That nothing contained in this section sball be construed to prohibit the General Assembly from levying a further tax on the franchises of such corporation. (New section] (Sectlon.1 2i anil 2.1 were ropealixl.l Sec. 26. [221 Certiflcates of indebtedness held as sacn-d oblisalions — levy for luij-nient of Interest. — All certificates of indebtedness of the Stale to the "public srhnol fimd" and to the "semlnai^- fund" are hereby confirmed as sacred obligations of the State to said funds and they shall be renewed as they mature for such period of tim*> and at such rate of interest as may be provided tor by law. The General Assembly shall have the power to provide by law for the Issuing certificates to the public school fund and seminary fund as the money belonging to said funds awcuma- lates In the State treasury: Provided. That after the outstanding bonded indebted- ness has been extinguished, all money accumulating in the State treasury for above named purjioses shall be Invested In registered county, municipal, or school district bonds of this State of not less than par value. Whenever the State bonded debt Is ex- tinguished or a sum sufficient therefor has been received, there shall be levied and collected la lieu of the tea cents on the one hundred dollars valuation now provided ■Amcndrnont propoaed to be voted on at oloctlon of 1908. concerning lc%'y of tax far roado. vtc 56 CONSTITUTION OF THE STATE OF MISSOURI. [ART. XI. for by the Statutes, an annual tax not to exceed three cents on the one hundred dollars valuation to pay the accruing interest on all the cerificates of indebtedness, the proceeds of which tax shall be paid into the State treasury and appropriated and paid out for the specific purposes herein mentioned. [Section adopted in 1902.] [Section 27. •] ARTICLE XI. EDUCATION.** Section 1. Free schools — school ages. — A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the peo- ple, the General Assembly shall establish and maintain free public schools for the gratuitous instruction of all persons in this State between the ages of six and twenty years. [Const. 1865. Art. 9. Sec. 1. modified.] Sec. 2. School funds, how disbursed — what districts entitled to. — The Income of all funds provided by the State for the support of fiee public schools shall be paid annually to the several county treasurers, to be disbursed according to law; but no school district, in which a free public school has not been maintained at least three months during the year for which the distribution is made, shall be entitled to re- ceive any portion of such funds. [See Const. 18i35, Art. 9. Sec. ?.] Sec. 3. Colored children, separate schools for. — Separate free public schools shall be established for the education of children of African descent. [Const. 1865, Art. 9, Sec. 2.] Sec. 4. Board of education. — The supervision of instruction in the public schools shall be vested in a "Board of Education," whose powers and duties shall be prescribed by law. The Superintendent of Public Schools shall be president of the Board. The Governor. Secretary of State and Attorney-General shall be ex officio members, and. with the Superintendent, compose said Board of Education. [Const. 1S65. Art. 9. Sec. 3. modified.] Sec. 5. State University — curators. — The General Assembly shall whenever the Public School fund will permit and the actual necessity of the same may require, aid and maintain the State University, now established, with its present departments. The government of the State University shall be vested in a Board of Curators, to consist of nine members, to be appointed by the Governor, by and with advice and consent of the Senate. [See Const. 1S65, Art. 9, Sec. 4.] Sec. 6. Public school fund, from whence derived, not to be diverted. — The proceeds of all lands that have been or hereafter may be granted by the United States to this State, and not otherwise appropriated by this State or the United States; also, all moneys, stocks, bonds, lands and other property now belonging to any State fund for purposes of education; also, the net proceeds of all sales of lands and other property and effect that may accrue to the State by escheat, from unclaimed dividends and distributive shares of the estates of deceased persons; also, any pro- ceeds of the sales of the public lands which may have been or hereafter may be paid over to this State (if Congress will consent to such appropriation); also, all other grants, gifts or devises that have been or hereafter may be made to this State, and not otherwise appropriated by the State or the terms of the grant, gift or devise, shall be paid into the State treasury, and securely invested and sacredly preserved as a Public School fund; the annual income of which fund, together with so much of the ordinary revenue of the State as may be by law set apart for that purpose, shall be faithfully appropriated for establishing and maintaining the free public schools and the State University in this article provided for, and for no other uses or pur- poses whatsoever. [See Const. 1S65, Art. 9, Sec. 5.] Sec. 7. Deficiency, how provided for — niininiuni from State revenue. — In case the Public School fund now provided and set apart by law. for the support of free public schools, shall be insufficient to sustain a free school at least four months in every year in each school district in this State, the General Assembly may pro- vide for such deficiency in accordance with section eleven of the article on revenue and taxation; but in no case shall there be set apart less than twenty-five per cent, of the State revenue, exclusive of the interest and sinking fund, to be applied an- nually to the support of the public schools. [Const. 1S65, Art. 9, Sec. S, modified.] Sec. 8. County school fund, whence derived. — All moneys, stocks, bonds, lands and other property belonging to a county school fund, also the net proceeds from the sale of estrays, also the clear proceeds of all penalties and forfeitures, and •Proposed ainendment adding sec. 27 to be voted at election of 190S. "•See Charter. Art. XIII and references in notes thereto; also "Laws Specially Applicable to St. Louis" herein, sections 497-534, (Chap. 27 thereof), and notes thereto. ARTS. XI, XII. 1 CONSTITUTION OF THK STATE OF MISSOURI. 57 of all fines collected in the several counties for any breach of the penal or military laws of the State, and all moneys which shall be paid by persons as an equivalent for exemption from military duly, shall belong to and be securely invested and sacredly preserved in the several counties as a county public school fund; the in- come of which fund shall be faithfully appropriated for establishing and maintain- ing free public schools In the several counties of this State. (Const. ISBS, Art. 9, Sec. 5, with adilitlons ami changes.] Sec. 9, I'liblic school fund, liou invested. — No part of the public school fund of the State shall ever be invested in the stock or bonds or other obligations of any other State, or of any county, city, town or corporation; and the proceeds of the sales of any lands or other property which now belong or may hereafter belon.g to said school fund shall be invested in the bonds of the State of Missouri, or of the United States. [UnJer Const. 1S65. Art. 9, Sec. 6, school fund could only be invested in United States bonds.] Sec. 10. County school fund, how invested. — All county school funds shall be loaned only upon unencumbered real estate security of double the value of the loan, with personal security in addition thereto. [Const. ISCG. Art. 9. Sec. 6] Sec. 1 1 . HeliKioiis or sectarian schools — public funds not to l)e paid or prop- erty (iranted to. — Neither the General Assembly nor any county, city, town, town- ship, school district or other municipal corporation, shall ever make an ai)propria- tlon or pay from any public fund whatever, anythin.g in aid of any religious creed, church or sectarian purpose, or to help to support or sustain any private or public school, academy, seminary, college, university or other institution of learning, con- trolled by any religious creed, church or sectarian denomination whatever; nor shall any grant or donation of personal property or real estate ever be made by the State or any county, city, town or other municipal corporation, for any religious creed, church or sectarian purpose whatever. [New section.] AUTICLK XII. ' CORPORATIONS. Section 1. KxistinR charters or grants without validity, when. — All existing charters or grants of siiecial or exclusive privileges, under which a bona fide organi- zation shall have not taken place, and business been commenced in good faith, at the adoption of this Constitution, shall thereafter have no validity. [New section.] Sec. 2. Not to be created by special laws. — No corporation, after the adoption of this Constitution, shall be created by s|)ecial laws; nor shall any existing charter be extended, changed or amended by special laws, except those for charitable, penal or reformatory i)urposes, which are under the |)atronage and control of the State. [Sec Const. 1S65. Art. 7. Sec. 4.] Sec. 3 Legislature not to remit forfeited charters. — The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, or alter or amend such forfeited charter, or pass any other general or special laws for the benefit of such corporation. [New section.] Sec. 4. Eminent domain, rij-lit of .State in corporation property — trial. — The exercise of the power and right of eminent domain shall never be so construed or abridged as to prevent the taking, by the General Assembly, of the property and franchises of incorporated companies already organized, or that may be hereafter organized, and subjecting them to the public use, the same as that of individuals. The right of trial by jury shall be held inviolate in all trials of claims for compen- sation, when In the exercise of said right of eminent domain, any incorporated com- pany shall be Interested either for or against the exercise of said right. [New section.] Sec. 5. Police power of the State. — The exercise of the police power of the State shall never be abridged, or so construed as to permit corporations to conduct their business in such manner as to infringe the equal rights of individuals, or the general well-being of the State. [New section.] Sec. 6. Shareholders, nunilx-r of votes in election of directors. — In all elec- tions for directors or managers of any incorporated company, each shareholder shall have the right to cast as many votes in the aggregate as shall equal the number of shares so held by him or her in said company, multiplied by the number of directors or managers to be elected at such election; and each shareholder may cast the whole number of votes, either in person or by proxy for one candidate, or distribute such votes among two or more candidates: and such directors or managers shall not be elected in any other manner. (New section.) • 58 CONSTITUTION OF THE STATE OF MISSOURI. [ART. XII. Sec. 7. Coi'poration — business limited by cliai'ter — power to Iiold real estate. —No corporation shall en.^age in business other than tliat expressly authorized in its charter or the law under which it may have been or hereafter may be organized, nor shall it hold any real estate for any period longer than six years, except such as may be necessary and proper tor carrying on its legitimate business. [New section.] Sec. 8. Stock and bonded debt, how issued or increased. — Xo corporation shall issue stock or bonds, except for money paid, labor done or property actually received, and all fictitious increase of stock or indebtedness shall be void. The stock and bonded indebtedness of corporations shall not be increased except in pursuance of general law, nor without the consent of the persons holding the larger amount in value of the stock first obtained at a meeting called for the purpose, first giving sixty days' public notice, as may be required by law. [New section.] Sec. 9. Stockholders, extent of liability. — Dues from private corporations shall be secured by such means as may be prescribed by law, but in no case shall any stockholder be individually liable in any amount over or above the amount of stock owned by liim or her. [Const. 186.5, .\rt. 7, Sec. 6. Stockholder liable for double .imoimt of his stock.] Sec. 10. Preferred stock, how issued. — No corporation shall issue preferred stock without the consent of all the stockholders. [New section.] Sec. 11. Corporation defined. — The term cori)oration, as used in this article, shall be construed to include all joint stock companies or associations having any powers or privileges not possessed by individuals or partnerships. [New section.] RAILRO.ADS. Sec. 12. Discrimination proliibited — commutation tickets. — It shall not be lawful in this State for any railway company to charge for freight or passengers a greater amount, for the transportation of the same, for a less distance than the amount charged for any greater distance; and suitable laws shall be passed by the General Assembly to enforce this provision; but excursion and commutation tickets may be issued at special rates. [New section.] Sec. 13. May construct and operate, connect and intersect otlier lines — freight. — Any railroad corporation or association, organized for the purpose, shall have the right to construct and operate a railroad between any points within this State, and to connect at the State line with railroads of other states. Every rail- road company shall have the right, with its road, to intersect, connect with or cross any other railroad, and shall receive and transport each the other's passengers, tonnage and cars, loaded or empty, without delay or discrimination. [New section.] Sec, 14. Railways public highways — laws against extortion, etc. — Railways heretofore constructed, or that may hereafter be constructed in this State, are hereby declared public highways, and railroad companies common carriers. The General Assembly shall pass laws to correct abuses and prevent unjust discrimina- tion and extortion in the rates of freight and passenger tariffs on the different railroads in this State, and shall from time to time pass laws establishing reason- able maximum rates of charges for the transportation of passengers and freight on said railroads, and enforce all such laws by adequate penalties. [New section.] Sec. 15. Shall have jiublic office, keep books — meetings of directors. — Every railroad or other corporation, organized or doing business in this State under the laws or authority thereof, shall have and maintain a public office or place in this State tor the transaction of its business, where transfers of stock shall be made, and where shall be kept, for public inspection, books in which shall be recorded the amount of capital stock subscribed, the names of the owners of the stock, the amounts owned by them respectively, the amount of stock paid, and by whom, the transfer of said stock, with the date of transfer, the amount of its assets and lia- bilities, and the names and places of residence of its officers. The directors of every railroad comi)any shall hold one meeting annually in this State, public notice of which shall be given thirty days previously, and shall report annually under oath, to the State Auditor, or some officer designated by law, all of their acts and do- ings, which report shall include such matters relating to railroads as may be pre- scribed by law. The General Assembly shall pass laws enforcing, by suitable pen- alties, the provisions of this section. [New section.] Sec. 16. Property sub.ject to execution — no law to be passed exempting.- — The rolling stock and all other movable property belonging to any railroad company or corporation in this State shall be considered personal property, and shall be liable to execution and sale in the same manner as the personal property of individuals; AKT XII.I CDNSTITI'TION OF THIO STATH OK Ml.SSOCia. 59 aod the General Assembly shall pass no law exempting any such property from exe- cutiun and sale. [New s.Ttlon.] Sec. 17. Shall not consolidato with paraMcI lines. — No railroad or other <-orporation, or the lessees, purchasers or managers of any railroad corporation shall consolidate the stock, property or franchises of such corporation with, or lease or purchase the works of franchises of, or in any way control, any railroad corporation Dwnins or having under its control a parallel or competing line; nor shall any officer iif such railroad corporation act as an officer of any other railroad corporation owning ■ ir having the control of a parallel or competing line. The question whether railroads ire parallel or competing lines shall, when demanded, be decided by a jury, as in other civil issues. (N\'\v section.] Sec. IS. Consoli«Ii«tii)n witli ioreisn roinimnies. — If any railroad company organized under the laws of this State shall consolidate, by sale or otherwise, with any railroad company organized under the laws of any other state, or of the United States, the same shall not thereby become a foreign corporation; but the courts of this State shall retain jurisdiction in all matters which nuiy arise, as if said consoli- dation had not taken place. In no case shall any consolidation take place except upon public notice of at least sixty days to all stockholders, in such manner as may be provided by law, (New section. I Sec. 19. Laws retrospective or in aid of corporations forbidden. The Gen- eral Assembly shall pass no law for the benefit of a railroad or other corporations, or any individual or association of individuals, retrospective in its operation, or which Imposes on the people of any county or municipal subdivision of the State, a new lia- bility In respect to transactions or considerations already past. (New section.] Sec. 20. Street railroad, fnuicliise, how giantod. — No law shall be passed by the General .\ssenibly granting the right to construct and o|)erate a street railroad within any city. town, village, or on any public highway, without first acquiring the consent of the local authorities having control of the street or highway proposed to be occui)ied by such street railroad; and the franchises so granted shall not be transferred without similar assent first obtained. ( in l I New S'M'tioIl. J Sec. 21. RAllroad corporation, iM-nefit of future legislation. — No railroad cor- [Mjration in existence at the time of the adoi)tion of this Constitution shall have the benefit of any future legislation, except on condition of conii)lete acceptance of all the provisions of this Constitution applicable to railroads. l.N'iw .section.) Sec. 22. OfHcer of railroausine.ss. — No president, director, officer, agent or eni|iloye of any railroad com])any shall be interested, direct- ly or indirectly, in furnishing material or supplies to such comi)any, or in the business of transiiortation as a common carrier of freight or i)assengers over the works owned. Iwased. controlled or worked by such company. (New section.] Sec. 23. Di.scriniination In-tween companies and individuals.-— No discrimina- tion in charges or facilities in transportation shall be made between transportation ctimpanles and Individuals, or in favor of either, by abatement, drawback or other- wise; and no railroad comiiany or any lessee, manager or employe thereof, shall make any preference in furnishing cars or motive power. (New Section.] Sec. 24. Free posses, (o-antinK to State ofllcers, forfi-iiure. — .No railroad or other transportation comi)any shall grant free i)asses or tickets, or passes or tickets lU a discount, to members of the General .\ssembly, or members of the Board of Kqualizaiion. or any State, or county, or munici|)al officers; and the acceptance of ouch iiass or ticket, by a member of the General .Assemblv. or any such officer, shall be a forfeiture of his office (New section. I BANK.s. Sec. 25. State banks and State owning stncilnfr Constitution, see Laws ISSl. p. SS. and Laws 1S83. p. 47.) Section 1. Con.stitution, how amended. — This Constitution may be amended and revised only in pursuance of the provisions of this article. (Sec Const. 1S6.'>. Art. 1;;. .S.-c. 1.) Sec. 2. General .Assembly may propose itmendments — Mibniittcd to vote — The General Assembly may, at any time, i)ropose such amendments to this Constitution as a majority of the members elected to each house shall deem expedient; and the vote thereon shall be taken by yeas and nays, and entered in full on the journals. The proposed amendments shall be published with the laws of that session, and also shall be published weekly In some newspai)er, if such there be, within each county in the State, for four consecutive weeks next pre- («) See note and authorities to Charter, Art. XVI. .Sec. 17. 62 CONSTITUTION OF THE STATE OF MISSOUKI. [ART. XV. ceeding the general election then next ensuing. The proposed amendments shall be submited to a vote of the people, each amendment separately, at the next gen- eral election thereafter, in such manner as the General Assembly may provide. If a majority of the qualified voters of the State, voting for and against anj one of said amendments, shall vote for such amendment, the same shall be deemed and taken to have been ratified by the people, and shall be valid and binding, to all intents and purposes, as a part of this Constitution. [See Const. 186.5. Art. 12. Sec. 2.] Sec. 3. Constitution, how revised, etc. — The General Assembly may at any time authorize, by law, a vote of the people to be taken upon the question whether a convention shall be held for the purpose of revising and amending the Constitution of this State: and if at such election a majority of the votes on the question be in favor of a convention, the Governor shall issue writs to the sheriffs of the different counties, ordering the election of delegates to such a con- vention, on a day not less than three and within six months after that on which the said question shall have been voted on. At such election each Senatorial district shall elect two delegates for each Senator to which it may then be entitled in the General Assembly, and every such delegate shall have the qualifi- cations of a State Senator. The election shall be conducted in conformity with the laws regulating the election of Senators. The delegates so elected shall meet at such time and place as may be provided by law, and organize themselves into a convention, and proceed to revise and amend the Constitution; and the Con- stitution, when so revised and amended, shall, on a day to be therein fixed, not less than sixty days or more than six months after that on which it shall have been adopted by the convention, be submitted to a vote of the people for and against it, at an election to be held for that purpose; and if a majority of all the votes given be in favor of such Constitution, it shall, at the end of thirty days after such election, become the Constitution of this State. The result of such election shall be made known by proclamation b.y the Governor. The General Assembly shall have no power, otherwise than in this section specified, to authorize a convention for revising and amending the Constitution. [See Const. 1S65, Art. 12. Sec. 3.] SCHEDULE. Existing laws, rights and actions. — That no inconvenience may arise from the alteration and amendments in the Constitution of this State, and to carry the same into complete effect, it is hereby ordained and declared: Section 1. That all laws in force at the adoption of this Constitution, not inconsistent therewith, shall remain in full force until altered or repealed by the General Assembly; and all rights, actions, prosecutions, claims and contracts of the State, counties, individuals or bodies corporate, not inconsistent therewith, shall continue to be as valid as if this Constitution had not been adopted. The provisions of all laws which are inconsistent with this Constitution shall cease upon its adoption, except that all laws which are inconsistent with such provi- sions of this Constitution as require legislation to enforce them shall remain in force until the first day of July, one thousand eight hundred and seventy-seven, unless sooner amended or repealed by the General Assembly. Sec. 2. Existing obligations — criminal proceedings. — That all recognizances, obligations, and all other instruments entered into or executed before the adoption of this Constitution to this State, or to any subdivision thereof or any municipality therein: and all fines, taxes, penalties and forfeitures due or owing to this State, or any such subdivision or municipality: and all writs, prosecutions, actions and causes of action, except as herein otherwise provided, shall continue and remain unaffected by the adoption of this Constitution. All indictments which shall have been found, or may hereafter be found for any crime or offense committed before this Constitution takes effect, may be proceeded upon as if no change had taken place, except as otherwise provided in this Constitution. Sec. 3. Coiint.v and i)robatc courts. — All county and probate courts, as now constituted and organized, shall continue with their jurisdiction, until the General Assembly shall by law conform them in their organization to the requirements of this Constitution Sec. 4. Criminal courts. — All criminal courts organized and existing under the laws of this State, and not specially provided for in this Constitution, shall continue to exist until otherwise provided by law. Sec. 5. Courts of coninion picas. — All courts of common pleas existing and organized in cities and towns having a population exceeding three thousand five hundred inhabitants, and such as by the law of their creation are presided over by a judge of a circuit court, shall continue to exist and exercise their present jurisdiction until otherwise provided by law. All other courts of common pleas shall cease to exist at the expiration of the present terms of office of the several judges thereof. (SCHKDULK. CONSTITUTION Ol" TIIK STATIC OV MISSOl'Itl. (i3 Sec. 6. ri-rsoiis now in office. — .\11 persons now filling any office or appoint- ment in this State shall cnnlinue in the exercise of the duties thereof, according to their respective commissions or appointments unless otherwise provided by law. Sec. 7. Appeals and writs of error. — Upon the adoption of this Constitution, all appeals to and writs of error from the Supreme Court shall be returnable to the Supreme Court at the City of .Jefferson. Sec. S. Honded di-hl — payment of. — Until the General Assembly shall make provision for the payment of the State and railroad indebtedness of this State, in pursuance of section fourteen of Article X of this Constitution, there shall be levied and collected an annual tax of one-fifth of one per centum on all real estate and other property and effects subject to taxation, the proceeds of which shall be applied to the payment of the interest on the bonded debt of this State as it matures, and the surplus, if any. shall be paid into the sinkin.E: fund and thereafter applied to the payment of such indebtedness, and to no other purpose. See. 9. Kleetion for adoption or rejection of this Constitution. — This Con- stitution shall be submitted to the jieople of this State for adoi)tion or rejection, at an election to be held for that purpose only, on Saturday, the thirtieth day of October, one thousand eight hundred and seventy-five. Every person entitled to vote under the Constitution and laws of this State shall be entitled to vote for the adoption or rejection of this Constitution. Said election shall be held and said qualified electors shall vote at the usual places of voting in the several counties of this State; and said election shall be conducted and returns thereof made according to the laws now in force regulating general elections. Sec. 10. Toll-books, ballots, etc. — The clerks of the several county courts In this State shall, at least five days before said election, cause to be delivered to the judges of election in each election district or precinct in their respective counties, suitable blank poll-books, forms of return and five times the number of properly prepared printed ballots for said election that there are voters in said respective districts, the expense whereof shall be allowed and paid by the several county courts, as other county expenditures are allowed and paid. Sec. 11. Hallots, form of. — .\t said election the ballots shall be in the fol- lowing form: New Constitution ticket (erase the clause you do not favor.) New Constitution, — Yes. New Constitution,— No. Each of said tickets shall be counted as a vote for or against this Constitution, as the one clause or the other may be cancelled with ink or pencil by the voter, and returns thereof shall be made accordingly. If both clauses of the ticket be erased, or if neither be erased, the ticket shall not be counted. Sec. 12. nolnrns of election — prodamnlion by Governor. — The returns of the whole vote cast for the adojjtion and against the adoption of this Constitution shall be made by the several clerks, as now provided by law in case of the election of Stale officers, to the Secretary of State, within twenty days after the election; and the returns of said votes shall, within ten days thereafter, be examined and canvassed by the State .■\uditor, State Treasurer and Secretary of State, or any two of them. In the presence of the Governor, and proclamation shall be made by the Governor forthwith of the result of the canvass. Sec. 13. Result of election — Constitution to take efTect, when. — If. upon such canvass, it shall appear that a majority of the votes polled were in favor of the new Constitution, then this Constitution shall, on and after the thirtieth day of November, one thousand eight hundred and seventy-five, be the supreme law of the State of Missouri, and the present existing Constitution shall thereupon cease in all its provisions; but if it shall appear that a majority of the votes polled were against the new Constitution, then this Constitution shall be null and void, and the existing Constitution shall continue in force. Sec. H. Schedule to take efVect, when. — The provisions of this schedule required to be executed prior to the adoption or rejection of this Constitution, shall take effect and be in force immediately. Sec. 15. Laws to enforce Constllulitm. — The General .•\ssenibly shall pass all such laws as may be necessary to carry this Constitution into full effect. Sec. lt>. Kxistiuf; executive ofdcers, provisions ns to. — The present Secretary of State, State .Auditor. .\ttorney-GeneraI and Superintendent of Public Schools shall, during the remainder of their terms of office, unless otherwise directed by law, re- ceive the same compensatioit and fees as is now provided by law; and the present State Treasurer shall, during the remainder of the term of his office, continue to be governed by existing law. in the custody and disposition of the State funds, unless otherwise directed by law. Sec. IT. .\rrests nnci preliminary examinations. — Section twelve of the Hill of Rights shall not be so construed as to prevent arrests and prellniinarv examination In any criminal case. ^1 54 CONSTITUTION OF THE STATE OF MISSOURI. SCHEDULE.] Done in Convention, at the Capitol in the City of Jefferson, on the second day of August, In the year of our Lord one thousand eight hundred and seventy-five, and of the Independence of the United States the one hundredth. WALDO P. JOHXSON. President St. Clair county. N. W. WATKINS, Vice-President, Scott county. ADAMS, WASHINGTON, Cooper. ALLEN, DeWITT C, Clay. i 1 ALLEXANDER, A. M., Monroe. '• BLACK, FRANCIS M., Jackson. BOONE. HENRY, DeKalb. BRADFIELD, GEORGE W., Laclede. BROADHEAD, JAMES O., St. Louis. BROKMEYER, HENRY C, St. Louis. CARLETON, GEORGE W., Pemiscot. CHRISMAN, WILLIAM, Jackson. CONWAY, EDMUND V., St. Francois. COTTEY, LOUIS F., Knox. CREWS, T. W. B., Franklin. CROCKETT, SAMUEL R., Vernon. DAVIS, LOWNDES HENRY, Cape Girardean. DRYDEN, LEONIDAS J., Warren. DYSART. BENJAMIN ROBERT, Macon. EDWARDS, JOHN F. T., Iron. EDWARDS, JAMES C, St. Louis. EITZEN, CHARLES D., Gasconade. FARRIS, JAMES L., Ray. FYAN. ROBERT W., Webster. GANTT. THOMAS TASKER, St. Louii GOTTSCHALK, LOUIS, St. Louis. HALE, JOHN B., Carroll. HALLIBURTON. W., Sullivan. HAMMOND, CHARLES, Chariton. HARDIN, NEIL CAMERON, Pike, HOLLIDAY', J. A., Caldwell. HY'ER. JOHN, Dent. JOHNSON. HORACE B., Cole. JOHNSTON, T. J., Nodaway. LACKLAND. HENRY' CLAY", St. Charles. LETCHER, WM. H., Saline. "^ ,^ LAY, ALFRED M., Cole. -■' MABREY. PINCKNEY'. Ripley. MASSEY, B. F., Newton. MAXEY", JAMES HARVEY, Howell. McAFEE, CHARLES B., Greene. McKEE, ARCHIBALD V., Lincoln McCABE, EDWARD. .Marion. McKILLOP. MALCOLM. Atchison. MORTELL, NICHOLAS A., St. Louis. MUDD, HE.XRY THOM.A.S, St. Louis. NICKERSON, EDMUND A., Johnson. NORTON, ELIJAH HISE, Platte. PIPKIN, PHILIP, Jefferson. PRIEST, WILLIAM, Platte. PULITZER, JOSEPH, St. Louis. RAY. JOH.X. Barry. RIDER. J. H.. Bollinger. RIPPEY", J. R.. Schuyler. ROBERTS. JAMES C, Buchanan. ROSS. J. P., Morgan. ROSS, JOH.X W., Polk. RUCKER, JOHN FLE.MING, Boone. SHACKELFORD, THOMAS, Howard. SHANKLIN, JOHN H., Grundy. [SCHEDULE. CONSTITUTION OF THE STATE OF MISSOURI. SHIELDS, GEORGE H.. St. Louis. SPAUNHORST, HENRY J., St. Louis. SWITZLER, WILLIAM F., Boone. TAYLOR. JOH.X H.. Jasper. TAYLOR. AMOS RILEY, St. Louis. TODD. ALBERT, St. Louis. WAGNER, L. J.. Scotland. WALLACE, HENRY ("., Lafayette. G. N. NOLAN, Secretary. ATTEST: J. BOYLE ADAMS, Assistant Secretarv. 65 INDEX TO THE CONSTITUTION OF MISSOURI. A ABSENT MEMBERS— Art. attendance compelled • i noted on calling yeas and nays ACCUSED— . . , ^„„ o rights in criminal cases - ADJOURNMENT— of General Assembly i AD QUOD DAMNUM "- ALIENS— ^, „ cannot hold office » AMENDMENTS— to U. S. Constitution !■ to Missouri Constitution la dutv of Supreme Court 1-) ^, of bills .■• ,■•■■•■ "' report of committee of con- ference \ by substitution ^ APPEALS— ^ . . . from Courts of Appeals...... »> exclusive appellate jurisdic- tion of Supreme Court, b of Amdt. to • where returnable. Sch APPORTIONMENT— - of Representatives ' Senators APPROPRIATIONS— order of ' how made ■ ■ • • ^" when act takes effect • « act may contain several subjects ARMS — , right to bear • • ■ '■ does not mean concealed weapons .■ • ■ • ■ , not compelled to as military duty .•,■■•; >• Legislature provide for safe keeping ^^ ARREST, who privileged from— legislators }* militia 'S voters ; • • ;• • not to apply t" arrests for crime. S(h ATT.\INDER ^ ATTORNEY-GENERAI^- is of the executive depart- ment ■ ••■ \ shall reside at capital » election, term of office...... n returns, tie. how determined, n qualifications of = Sec. IS 21-23 21 3 1-3 2 29.30 AUDITOR— Art. is of the executive depart- ment .■ • ■ ■ \ shall reside at State capital. 5 election, term of office 5 returns — ties, how determined S qualifications of 5 shall give information to Governor ^ Sec. B BAI in general \ excessive prohibited ^ BANKS— ^.^., , ,„ State banks prohibited \l. State not to own stock 1^! act creating submitted to people .1- insolvent not to receive de- posits 1- 32 BILL OF RIGHTS— 34 object of 12 2-8 7 43 19 36 28 n 17 1 17 13 BILLS— . style of laws • ^ amendments not to change original purpose • • • • \ origin of.— to be read, when . 4 reported upon and printed but one subject, title, etc... . amendments engrossed and printed , , returned from either house amended \ final vote on a bill • •• amendments how concurred ^ act not'to'be revived by ref- erence ■,••'.;•;•'''' 1 amendments by substitution. 4 motion to reconsider........ 4 laws, time of taking effect.. 4 to be signed by presiding officers ,■■■;,■••>;;;.■.' to be approved by the Go\ - ernor ; 1 if not approved 4 failure of Governor to ap- prove ; revision of laws. ......•■ ■■■ ■» journal to be published— yeas and nays BOARD OF EDUCATION 1 1 BOARD OF EQUALIZATION... 10 BOUNDARIES of State 1 CEMETERIES— ^ ,„, 9 churches may own land for. 2 CERTIOR.A^RI— . jurisdiction of Supreme Court G 3 19 25 25 26 27 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 4 IS 1 INDEX TO MISSOL'IU CONSTITTTION. ti7 CERTII'ICATKS OF INDEBTEDNESS— Art. Sec. rate to pay Interest on 10 26 CHARITIES— not to be taxed 10 t CHARTERS — of larfTC cities. Judicial notice of 9 16 features of 9 17 of St. Louis 9 20-23 CHIEI" JUSTICE— of Supreme Court 6 3 of Court of Appeals 6 16 CHURCH ES — See Kflixion and Ke- it£tous CorporatioHS. support of 2 6. 7 holding real estate 2 8 exempt from taxation 10 6 no aid by the State 2 7 no discrimination against. .. . 2 7 CIRCUIT COURT— Jurisdiction and terms 6 22. 2.1 circuits may be changed 6 24 election, terms and duties of Judges 6 25 nualltlcations of Judges 6 26 of St. Louis county 6 27 provision for additional Judges 6 28 vacancy In ofdce of Judges.. I 29 removal of Judges for disabil- ity 6 41 CITIES— subscription by. prohibited.. 9 organization and classilica- tlon 9 consolidation with county gov«rnment 9 charters of large cities 9 See Municipal Corporations, St. Louis. CLERKS— of Courts of Appeals 6 of Supreme Court 6 of probate courts 6 election of 6 ties and contests 6 COLLECTORS — failure to account 2 COMMITTEES — compensation of 4 ••OMI'K.VSATION— See Fm- in eminent domain 2 of rr.-sident of Senate 5 of Juilges of Courts of Ap- peals g of members of General As- sembly 4 CON'CEALED WEAPONS— carrying prohibited 2 •ONDEMNATION OF PRIVATE PROPERTY 2 ONGRESS. MEMBER OF— not eligible to I.tuls Court of Appeals. . 6 Kansas City Court of Appeals. (See amendment of 1SS4, at end of Art. 6.> COURT."*— to be open 2 establishing 4 enumerated 6 existing, to continue 6 10 11 8 51 2 21 1 2 3 4 5 6 7 7 8 9 10 11 13 1 3 3 4, .■; t 15 36 5 13 10 1 1 42 INDEX TO MISSOURI CONSTITITION. COURTS — Continued — Art. Sec. of St. Louis county U 25 of Common Plea.s. Sch 5 See Clerks, Circuit Courii, Courtly Courts, Criminal Courts, ProhaU Courts, Courts of Appeals, Supreme Court. Amendment enlarging Su- preme Court and creating two divisions. (See amend- ment of 1890 at end of Art. 6.) CREEDS — religious, support of 2 6. 7 CREDIT LOANING. Proliibiti'd. by municipalities 4 47 of the State — exception 4 45 by counties 9 6 CRIMINALS — may be prohibited from vot- ing i 10 prosecutions, rights of ac- cused 2 22 CRIMINAL COURTS— may be established, when... 6 31 existing, continued, 5r/i 4 CRIMINAL PROSECUTIONS: See Indicttnents — indictment and information concurrent remedies 2 12 rights of accused 2 22 no self-crimination 2 23 D DEBATE— freedom of, in General As- sembly 1* 12 DEBTS — on behalf of State, created, when 4 44 of municipalities, payment of !< 19 limited 10 12 loaning State's credit jirohib- ited — exception 4 45 bonded of the State 10 14 of State to School and Semi- nary funds 10 26 (Sch., Sec. 8.) DELAY, of Justice 2 10 DENIAL, of justice 2 10 DEPARTMENTS OF GOVERNMENT — three separate S DISBURSEMENT— of public funds 10 13,16.19 DISTRIBUTION OF POWERS. . . :: DUELING, penalty for U 3 EDUCATION— persons of scl>ool age 11 1 schools for colored children.. 11 3 board of education 11 4 schools for religious purposes. 11 11 See Schooh, School Districts, School Fund. ELECTIONS— to be free 2 S of Representatives 4 2. 10 of Senators 4 10 of executive officers 5 2 returns, ties, how determined ."> 9 of judges of Supreme Court. . 5 of judges of (Courts of .Ap- peals i! 13 ELECTIONS— Continued — .Vrt. of judges of Courts. § 2 of amendment to e of circuit judges B of judges of courts of record. 6 of clerks, ties and contests.. 6 general, time of holding S qualifications of voters S how conducted, contests, se- crecy s voters privileged from arrest. 8 registration 8 by persons in representative capacity 8 gaining or losing residence.. S who disqualified as voters. . . 8 S contested elections S when ballots may be counted. 8 of coroners 9 for adoption of Constitution, Sch EMINENT DOMAIN — uses, public and private 2 jury trial 12 ESTIMATES — to be furnished by Governor. 5 EXECUTIVE: See Gsvernor— authority of 3 failure to perform duty 4 executive department 5 duty of. generally 5 pardoning power 5 EXECUTIVE DEPARTMENT — officers of 5 accounts kept by officers.... 5 EXECUTIVE OFFICERS— duties of 5 salaries and fees 5 contested elections of 5 existing pro\-isions. as to. Sch EX POST FACTO LAWS 2 EXTRA SESSION— business of 4 calU'd by Governor 5 FEES: See Compensatiojt: Salariei — extra, of officers prohibited. 4 of public officers 5 not to be increased 14 limited — quarterly returns... 9 of count\- officers 9 FELONIES — how prosecuted 2 defined 2 FINES— excessive, prohibited 2 FORFEITURE — none of estates 2 FORMER ACQUITTAI^ or conviction 2 FREEDOM OF SPEECH 2 FREE PASSES — acceptance by public officer prohibited 12 Sec. 30 i9, 40 1 10.11 9 10 9-13 20-21 4 10 40 1 6 s 48 24 8 13 12 G GENERAL ASSEMBLY: See .ih- sent members: i^^islative proceext- inzs - certain officers not eligible.. 4 organization and rules 4 quorum, absent members.... 4 sessions to be public 4 IS 19 INDKX TO MISSOrni rONSTlTT'TION. 09 r.KNKRAL ASSEMBLY— Contlnufd — Art. time of nii'i'tlng 4 iiiljoiirnim-nt 4 IfOviTnor may call extra ses- sion 5 freedom of debate H members free from arrest. . . . H deleitntlon of authority 3 GOVERNMENT— originates from the people.. 2 may be altered and abolished 2 local self-Kovernment 2 object of 2 three departments 3 GOVERNOR— approval of bills 4 bills returned without ap- proval 4 failure to perform duty 4 of the executive department. 5 residence to be at capital.. 5 election and term of office.. 5 re-election of 5 returns of election — tie 5 the chief magistrate 5 <|ualiHcations of 5 duties of generally 5 may call out militia 5 pardoning power 5 to give information to Legis- lature 5 may call extra session .... 5 message of 5 to account for mone>'s 5 to nil vacancies in office.... 5 duty as to bills presented... 5 may object to part of bill.. 5 resolutions presented to 5 may require reports of de- part tnents 5 commissioning officers 5 GRAND JURY: See Jury— to consist of twelve men. duty as to public officers. H .14 HABEAS CORPUS— writ not to bo suspended.... 2 Jurl.sdictlon of Supreme Court 6 Jurisdiction of Courts of Ap- peals 6 Jurisdiction of Courts of Ap- peals, J 4 of amendment to. 6 I. IMPEACHMENT— who liable to 7 proceedings generally — pun- ishment 7 IMPRISONMENT FOR DEBT — prohibited Sec. 20 21-23 9 12 12 38 39 40 1 1 9 9 10 10 11 12 13 14 26 3 INDICTME.NTS AND INFORMATIONS— in criminal cases 2 12 conclusion of 6 38 indictable offenses defined.. 2 12 INJl'RIE.S— redress of 2 10 INSOLVENT LAWS — Impnrlng obligation of con- tracts 2 INTERPRET ATION- of Legislature INVOLUNTARY SERVITUDE: See Stavrry — prohibited— except, etc 15 1 31 JEOPARDY- twice In.... 16 JUDGES — Art. election of — ties and contests G vacancy in office 6 salaries of 6 of county courts 6 of circuit courts 6 iiualillcatlons of 6 provisions fur additional . . fi vacancy in office 6 removal of 6 of Courts of Appeals 6 of Courts of Appeals, 5 2 of amendment to 6 duty of. etc 6 of Supreme Court 6 number, duties, etc 6 qualillcations 6 JUDICIAL DICPARTMENT— of the various courts 6 JUDICIAL NOTICE— of charters of large cities. ... 3 of charter of St. Louis 9 of legislative acts 4 JURISDICTION— of -Supreme Court 6 of Court of Appeals 6 of Courts of Appeals, § 4 of amendment to G of circuit courts 6 of probate courts 6 of county courts 6 on rivers 1 JURORS: See Trial by Jury- no religious quallflcation . . . . 2 JURY: See Trial by : Grand Jury— In conuemntng property 2 discharge, when 2 right of trial by 2 JUSTICE — without delay, denial and sale 2 JUSTICE OF THE PEACE— In general 6 KANSAS CITY COURT OF AP- PEALS and amendment to LAWS— time of taking effect... revision of local, notice of to enforce Constitution, style of how passed Sch... JOURNAI^— of l^'glslature lishcd to be p\ib- LEGISLATIVE DEPAUTMIONT. . LEGISLATIVE POWER— In general vested In General Assembly.. limitation on special legislation prohibited, business of extra sessions. . . . LEGISLATIVE PROCEEDINGS — style of laws amendments and reports of committees revival and re-enactment.... amendments by striking out and Inserting words motion to reconsider resolutions presented to Gov- ernor order of appropriation bills, laws to be passed by.. amendment of to be reported upon and printed to contain but one subject.. return amended Sec. 30 32 33 36 25 26 28 29 41 13 14 4 S 6 16 21 31 2. 3 13. 27 34, 35 36 1 21 23 28 10 37 12 36 41 54 15 29 25-39 1 1 43-56 53 55 32 33 34 35 14 43 26 . 2» 27 2S 30 70 INDEX TO MISSOURI CONSTITUTION. LEGISLATIVE PROCEEDINGS — Continued — Art. final vote on 4 to be signed by presiding officer 4 approval of, by Governor.... 4 returned without approval.. 4 Governor's duty as to 5 may object to part of 5 LEGISLATURE: See Gmtral Aieembty. LIBEI^- defined 2 truth in evidence 2 LIBERTY — a natural right 2 act violating right of 2 association with thieves .... 2 religious 2 no person deprived of with- out due process 2 of conscience 2 LICENSES — contracts with the State.... 2 LIENS— on railroads not to be re- leased 4 LIEUTENANT-GOVERNOR- IS of executice department.. 5 election, term of office 5 returns — ties, how deter- mined 5 Qualifications and duties.... 5 to act as Governor 5 LOANING CREDIT PROHIBITED: See Suhscriptityns — by municipalities 4 of the State — exception 4 by counties 9 LOANS— application of 10 LOTTERIES — contracts with State 2 prohibited 14 M MANDAMUS— Jurisdiction of Supreme Court 6 MESSAGES — of the Governor 5 MILITARY— subordinate to civil power . . 2 quartering 2 MILITi...— Governor may call out 5 persons liable to duty ....13 organization of 13 election of officers 13 volunteer companies 13 privilege from arrest 13 appointment of officers ....13 public arms and records. ... 13 MINISTERS — support of 2 MISDEMEANOR— prosecuted, how 2 in office 14 MUNICIPAL CORPORATIONS— extending limits 4 loaning credit prohibited . . 4 loaning credit prohibited.... 9 subscriptions by, prohibited. 9 payment of indebtedness.... 9 property exempted from taxes 10 taxation 10 Indebtedness limited 10 for waterworks, etc., in cer- tain cities 10 private property not sold to pay debts 10 See Cities. MURDER — bailable, when 2 bailable, except murder In' the first degree 2 Sec. 31 37 38 39 12 13 14 14 4 4 4 5 30 5 15 3 15 16 47 45 6 15 10 10 27 27 7 1 2 3 4 5 6 12 7 1 47 6 6 19 6 9, 10 12 12a 13 24 24 N NEGROES — Art. Sec. schools for 11 3 NOLLE PROSEQUI— not a bar, when 2 23 NON-RESIDENTS— lands, how taxed 14 1 O 0.\TH OF OFFICE— members of General As- sembly 4 15 generally 14 S OBLIGATION OF CONTRACT — laws impairing 2 15 OFFICE: See Vacancy r» Office- no religious qualification .... 2 5 contract with State 2 15 members of Legislature dis- qualified 4 15 vacancy in, filled by Gover- nor 14 5-8 aliens, etc., cannot hold .... 8 12 eligibility 8 12 OFFICERS— must give time to duties.... 2 IS collectors and receivers, fail- ure to account 2 19 not eligible to Legislature.. 4 12 extra pay prohibited 4 48 commissioned bv Governor.. 5 23 of U. S. not eligible to State office 14 4 removal for misdemeanor. .14 7 appointment of, generally .. 14 9 municipal, extra 9 14 cannot hold two offices. ... 9 18 existing continued in office Sc/i 6 OPINIONS— of Courts of Appeals 6 15 of Courts of Appeals — amendment to 6 of Supreme Court, publica- tion of 6 43. 44 ORDINANCE OF 1865 10 14 P PARDON— for acts done under military authority 11 2 power to, vested in Governor. 5 8 PAUPERS— cannot vote S 8 PEOPLE— origin of political power .2 1 regulation of internal affairs. 2 2 PERJURY'— by legislators 4 15 PERSONAL LIBERTY' — a natural right 2 4 violating right of 2 4 not to be deprived of without due process 2 30 PETITION— right of 2 29 POLITICAL POWER— origin of 2 1 PRACTICE — in Courts of Appeals 6 15 in probate courts t; 35 PREACHERS — support of 2 6.7 PRELIMINARY' EXAMINATIONS— under bill of riglits. Si/i 17 PRESIDENT OF SEN.ATK .... 5 17.18 PRIESTS— support of 2 6. 7 INUKX TO MlSSOrui CONSTITUTION. 71 Art. Sec. PRIVATK PROPKHTY— taken fur prlvulu use 2 20 PROBABLK CAUSE — tor st'urches and seizures.... 2 11 PROBATE COURTS — Jurisdiction, practice, clerks^; 6 34. 35 existence continued. Sch....'. .. 3 PROCESS— In criminal oases 2 22 to run In name of State.... 6 38 PROPERTY— enjoyment of 2 4 PROSECl'TIONS- by Indictment 2 In name of Slate 6 PUBLIC L.A.NDS— disposal of by U. S 14 taxing 14 PUBLIC MONEY: See School/mmd— statement of receipts, etc... 10 not to be used to support re- ligion 2 Krant of. prohibited 4 Governor to account for 5 how disbursed 4 deposit of 10 treasurer's accounts 10 speculation In 10 PUBLIC RECORDS — where and by whom kept. ... 5 PUBUC USE— a Judicial question 2 property taken for 2 PUNISHMENTS — cruel, prohibited 2 Q QUORUM— In General Assembly 4 In Supreme Court 6 In Courts of Appeals 6 QUO WARRANTO— Jurisdiction of Supreme ! Court 6 3 . of Courts of Appeals — amendment ...6 12 i R I RAILROADS— State lien not to be alienated I 4 50 I subacrlptlons by munlclpall- ' ties 9 6 tnxintr 10 5 I dl.icrlmlnatlon 12 12,14.23 oiimmutatlon tickets 12 12 | construction of. freight of ' othiT roads 12 13 are public highways 12 14 to keep public office 12 15 ' meeungs and reports 12 15 1 property subject toexecutlon. 12 16 ' conanlldation with other ' companies 12 16,17 , iaw.i in aid of 12 19 . street railroads 12 20 , benefit of future legislation . 12 21 , officers not to be interested j in business of road 12 22 i not to grant free passes to officers 12 24 ! RECORDS — of Supreme Court 6 21 t REDRESS OF INJURIES 2 10 , I REGISTRATION — '• of voters -...---. .8 5 i 12 3S 7 46 10 43 15 16 17 20 21 18 5 14 Art. See. RELIGION: See C/iurcAes- freedom of worslilp 2 5 religious (luallllcution 2 5 IndivlduiiLs. support of 2 6 no aid by State 2 7 no discrimination ugulnst . . 2 7 RELIGIOUS CORPORATIONS — how created 2 8 holding real estate 2 8 REMEDY— iiffordeil for Injuries 2 10 law Impairing 2 15 REMONSTRANCE — right of 2 29 REPRESENTATION— of new counties 9 3 REPRESENTATIVE DISTRICTS — division of counties 4 3 alteration, contiguity 4 9 REPRESENTATIVES: See 5<-ri- ators — election and appointment... 4 2.8 eligibility 4 4 number until apportionment. 4 8 time of electing 4 10 cannot hold another olTlce.. 4 12 removal vacates office 4 13 oath of office 4 15 compensation of 4 16 RESTRAINT OF TRADE — In general 2 4 RETROSPECTIVE LAWS 2 15 REVENUE — to be paid into treasury, how paid out 4 53 See Taxation. REVISION OF LAWS 4 41 RIGHTS— of persons 2 4 of conscience 2 5 of suffrage 2 9 to bear arms 2 17 of petition and remonstrance 2 29 reserve 2 32 RIVERS — , , jurisdiction of 1 1 common highway 1 1 ROADS AND HIGHWAYS — special tax levy for. author- ized 10 111 RULES — of General Assembly 4 li S .ST. LOUIS— mav extend limits 9 20 adoption of charter 9 20, 23 courts of 9 24 subject of general law 9 25 ST. LOUIS COURT OF APPEALS— Jurisdiction of 6 12 appeals to Supreme Court . . 6 12 number. election. etc.. of Judges 6 13 quorum, terms of court, etc.. 6 14 rules of practice, opinions.. 6 15 terms of llrst Judges, presid- ing Judge 6 16 appointment 6 I* clerk of court 6 18 cases Supreme Court certified to 6 19 when cases triable 6 20 appellate jurisdiction 8 27 applicable to Kansas City Court of Appeals See Amendment to Article 6. 72 INDEX TO MISSOURI CONSTITUTION. SALARIES: See Fees— Art. of executive officers 5 of judges 6 SCHEDULE — to talie effect at once, Sch SCHOOL DISTRICTS— not entitled to public money, wiien 11 SCHOOL FUND— in general 11 disbursement of 11 certain districts not entitled to 11 deficiency in 11 county school fund 11 investment of 11 certificates of indebtedness to 10 SCHOOLS: See Educational— exempt from taxation 10 SEAL OF STATE 5 SEAMEN— cannot vote 8 SEARCHES AND SEIZURES— security from 2 SEAT OF GOVERNMENT — not to be removed 4 SECRETARY OF STATE — of the executive department 5 to reside at capital 5 election and term 5 returns — ties, how determined 5 qualifications of 5 custodian of seal 5 to authenticate acts of Gov- ernor 5 duties of 5 SECTS— support of 2 SELF-CRIMINATION 2 SELF-GOVERNMENT — in general 2 SEMINARY FUND— certificates of indebtedness to 10 SENATE — president of — pay, etc 5 SENATORIAL DISTRICTS — in general 4 division of counties 4 alternation, contiguity 4 SENATORS: See Reprrsenlalives— limited to thirty-four 4 eligibility 4 apportionment 4 time of electing 4 cannot hold another office.. 4 removal vacates office 4 oath of office 4 compensation 4 SHERIFFS: Sec Coroner— election and appointment of. 9 vacancy 9 SLAVERY— prohibited 2 SOCIETIES- not taxed 10 SOLDIERS— cannot vote 8 Sec. 24 33 14 9, 10 6 20 11 56 1 1 2 3 19 20 20 21.22 26 , 11 6 5 6 7 10 12 13 15 16 10 11 31 11 SPEAKER HOUSE OF REPRE- SENTATIVES— Art. Sec. to act as Governor, when. ... 5 17 SPECIAL JUDGE— in Supreme Court 6 11 in Circuit Court 6 39 SPECIAL LEGISLATION— prohibited 4 53 notice of local laws 4 o4 SPECIAL PRIVILEGES — irrevocable grant of 2 15 STATE— cannot support religion .... 2 7 property not taxed 10 6 payment of bonded debt, 5<:A.. •■ 8 certificates of indebtedness. .10 26 STATE AUDITOR— of executive department .... 5 1 to reside at capital 5 1 election, term of office 5 2 returns — ties, how deter- mined 5 3 qualifications 5 19 STATE INSTITUTIONS — to furnish information to Governor 5 22 STATE TREASURER: See Treasurer — STATE UNIVERSITY 11 5,6 STAY LAWS— unconstitutional 2 15 STREET RAILROADS 12 20 SUBSCRIPTIONS: See Loaning Credit— by State prohibited 4 49 by municipalities prohibited. 9 6 SUFFRAGE: See Elections— right of not to be interfered with 2 9 SUICIDES — estates not to be forfeited... 2 13 SUPERINTENDENT PUBLIC SCHOOLS— of executive department .... 5 1 to reside at capital 5 1 election, term, etc 5 2 returns — ties. liow deter- mined 5 3 qualifications of 5 19 SUPREME COURT — jurisdiction 6 2, 3 may issue writs 6 3 also sec. 3. amendment 1890. judges, term 6 4 number of judges, quorum. duties 6 5 also sec. 1. amendment 1890. qualifications 6 6 full terms, appointment .... 6 7 also sec. 2. amendment 1890. terms of present judges.... 6 8 time and place of court.... 6 9 accommodation for 6 10 judges divided in opinion . . 6 11 also sec. 4, amendment 1S90. special judge 6 11 clerks and records 6 21 decisions of 6 43. 44 division to be dispensed with. amendment 1890 6 5 Inconsistent provisions re- pealed, amendment 1890.... G S T TAXATION— of corporations 2 15 of corporations 10 2 of U. S. lands 14 1 iNi>i;.\ TO .Missoi-iu coNSTrnrioN. TAXATION— Continued— , . . Art. or non-ri'sldents 14 laxlns power ! . 10 for public purposes to b« uniform 10 In proportion to value ..." 10 of railroads in ••xeinptlon.s ! . . . 10 ralf for State purposes.. lo llaMllty of munU'lpalltles . lo for iiiunlclpal purposes .. jo rati's for local purposes. .. lo for road purposes 10 under onlinance of 1895 lo to pay State debt 'lu rate to pay Interest on cer- tllkates of Indebtedness. .10 TEACH KH— of rellfjion 2 TERMS OK coraT— of Supr.im- Court.. . . r, of Courts of .Appeals. . « of Circuit Courts .',] ,; TERMS OK OKKICE In Keneral i » In Reneral .' J not to be extended ........ ..n TOWNS— orpranlzatlon and clnssinca- tlon ,, TOWNSHIP ORGANIZATION... 9 TOWNSHIPS— subscriptions prohibited 9 TRA11E— restraint of , TREASON— detlned. punishment ■• TREASl'RER- of executive department ", to reside at capital... " " H •"lection, term of office ^ re-election of . . . ' ' " ' 5 returns of election— tlo. how determined ... r aualincatlons of . 5 eposit of State funds!.' lo accounts of ." ' 10 TRIAI^- to be spei-dy and public 2 TRIAL BY JURY: See jMry- riKht of -^ , In Supreme Court ......'.'.'.'..' i 1 1 3 4 5 6. 7 8 9 10 11 11a 14 14 26 6. 7 9 14 22 5 14 S 8, 9 13 3 19 15 16 2.S 3 TKIAI. liV J tUV— Continued- Art. In exercise, right of eminent domain 1' TWICE IN JEOPARDY j U USE: See Prifaleand PuHii uk. V VACANCY IN OKKICI>— ^r";"' pf election to Hll 4 filled by Governor ^ of circuit JudRes. . . g of JudKe.s KeneralH- . . .'.\ c of sheriffs and eoroner.s. . .W. 9 VERDICT- reversal, retrial of accused.. 2 VESTED RIGHT— right to vote Is not 2 resldence change not to af- fect, when \ WAR DEBT— ^^ payment of 4 WARRANT— for searches and seizures 2 WITNESSES— no religious qualification " In prosecutions for treason ' » r Kht to meet face to face ' •> right to process ',',\\ '> WORSHIP — religious o WRITS — Issued by Supreme Court. 6 Court of Appeals g to run In name of State..... 6 WRITS OK ELECTION— to fill vacancy in General As- sembly J WRITS OP ERROR— where returnable. SiH Y YEAS AND NAYS— demanded, proceedings 4 on final vote on bill.. ' 1 on amendments 4 7a Sec. 4 2.1 14 11 29 32 U 52 II 5 13 22 22 3 12 3S 14 7 42 31 32 PART I. STATE STATUTES. COMPII.ATIOX OF LAWS OF THE STATE OF iMISSOURI. SPECIALLY APPLICABLE TO THE CrrV OF ST. LOULS. (ANNOTATED). A COMPILATION OK LAW^S -OK llllC- STATE OF MISSOURI >l'Ki.'lALL1 Arii.Ii Vltl.H TO Itik CITY OF ST. LOUIS,* Including those passed in 1907 by the 44th General Assembly. CONTENTS. Chapter 1 — Advertiseuieiits. legal. 2 — Animals, restraint of. 2a — Art Museum, :'. — Bonds, indemnifying, to officera. 4 — Bridges and Tunnels, ."i —Courts. Article I — Attornc.vs. circuit and prosecuting. II — Circuit Court. HI — Probate Court. IV — St. Louis Court of Criminal Correction. V — Juries. VI — Justices of the peace and constables. VII — Juvenile Courts. *Lbw« ■p<.'/'...( ;«.C :«'*''*• upheld as not deiHt obnoxiofi to the constitution as spfciat /rz'station. or tmal A>». jHitnilf Court Aft. Kx partr lyovine 178 Mo.. 1!M. with full discussion of the cases on the ^enrral subject. RfgistratityH and Election Law: Stale ex rel. \'.s. Mason, 155 Mo. 480; Hwtng vs. Hobllzellu. S9 Mo.. 64. Metropolitan Police Act: State ex rel. vs. Mason. 163 Mo.. 23. 52. Juilices of tkt Peace and Constables Act: Spauldln^ VS. Brady. 128 Mo. G53 and <'aao9 cited. Shtrijf Act: Kenellck vs. St. I>ouis. 127 Mo. 1. Uramshop: See cases cited In Chap. 8 of these laws, sec. 229-236; also State ex r.| vs. Bell. 119 Mo. 70. 76. Sckool Board Elections: State ex rel. vs. Miller. 100 Mo. 439. (i> Legislation field I'oid as special and local: Probate Judge on Salary: Henderson vs. Koenl^. 16S Mo. 356 and see cases there lied. Election Ijsw provldlnK a severer penalty for St. Louis than provided by g■■n^nll »w on same subject: State v-s. Ansllnger. 171 Mo. 600. /toulefard Act. prohibiting anv but residences, etc.. on certain streets: St. l/>iils »« Dorr, 145 Mo, 466. Recmiltuclion ol Streets. special tax bill — cost unlimited — Murnane vs. St. LiOiils. IJl Mo 479, Amendment ol St. Ijtuit Charter hv Implication: Murnane v.s. .St. I»iils. 123 Mo. Kit. St, I.OI11S vs, Iifirr. 1(5 Mo, 466, (The doctrine of these cases forblddlnR special amendment by the legislature, of the city's charter, on municipal s\ihject was siib!ibl.. "to cities of 300.000 Inhabitants or over" will apply: State vs, Ansllnifer. ni Mo sort. «10; Stat4. .-x rel. vs. Miller. 100 Mo. 439. 4iO, ,Vn.l that St. I>inls Is a separate political sub-dlvlslon of the State: .State vs. Nolle, 96 Mo ..Vpp. 524; hence all appeals to which the city Is a party fio to the Supreme Court S.>e Charter Art. XVI. Sec 6. and note. As to Judicial notice of the Charter see note on "General Considerations Respecting llie Charter." Introductory to the Charter. 78 STATE LAWS Sl'EClALLY APPLICABLK TO ST. LOUIS. [CHAP. 1. Chapter 5a — Crimes. 6 — Damage suits. 7 — Dentistry. 8 — Dramshops, Excise Commissioner. 9 — Election and registration. Article I — Miscellaneous provisions. II — Board of Election Commissioners created — registration and conduct of elections. Ill — Primary elections not covered by act of 1907. IV — Primary elections in general. Chapter 10 — Firemen's pensions. 11 — Flour, inspection of. 12 — Holidays, Saturday half. 13 — Hospital, social evil. 14 — House of Refuge. 15 — Laws, construction of. 16 — Libraries, free public. 17 — License Collector. 18 — Liquors. 19 — Markets, public. 2 — Medicine and Surgery. 21 — Moneys, public. 22 — Morgue, establishment of. 23 — Parks. 24 — Police. Article I — The police act creating board and authorizing appoint- ment of force. II — Pensions of policemen. Ill — Holidays, to officers of police. IV — Special police officer of Humane Society. Chapter 2 5 — Pharmacy, practice of. 26 — Revenue, assessment and collection of. Article I — Assessment of property. II — The collector. Ill — Settlements of collector. IV — Delinquent and back taxes. V — Assessment and taxation of railroads. VI — Taxation of merchants and manufacturers. Chapter 27 — Schools, public. Article I — Board of Education created to establish, maintain and govern public schools of the City of St. Louis. II — Pension and retirement fund. Chapter 28 — Sanitary districts and sewers. 2 9 — Sheriff and Coroner. 30 — Smoke abatement. 31 — Stenographers. Article I — Stenographers in cities and counties having 350,000 or more inhabitants. II — Stenographers in counties having jurisdiction in felony, in cities of over 100.000 inhabitants. Chapter 3 2 — Street grades, establishment and change of. 33 — Street railroads. 33a — Subways. 3 4 — Tobacco and petroleum inspection. 35— World's Fair. CH.APTER ONE. ADVERTISEMENTS — LEG.\L. * Section 1. Advertisements to be let, when and how. — In all cities having a population of more than one hundred thousand inhabitants a board consisting of the judges of the circuit court of such cities, or of the judicial circuit in which such city is situated, or a majority of the same, shall, on or before the first day of January, 1890, and every two years thereafter, cause to be published in some daily newspaper of said city a notice of at least twenty days, designating when and where said board will receive sealed projiosals from daily newspapers pub- lished in said city for the publication of all advertisements, judicial notices and •For contracts for City Printing- see Charter Art. XV. and for city ordinances see P. C. Sees. 2036-2046. The above State aet applies to publications pertaining to judicial proceedings, and does not include sales bv trustees under deeds of trust: Dart v. Bagley, 110 Mo. 42. CHAP 2.] STATIC LAWS SPEClAr.I.Y APPLICABLK TO ST. LOUIS. 70 orders of publication required by law to be made. At the tinif and place so designated, said board, or a majority tliereof, shall proceed publicly to open said bids, and shall award the printiiiK of all said publications to the newspaper naming the lowest and best bid: Priiviili'd. houever. first, that said bid shall be accompanied by a good and sufficient bond, in a sum to be fixed by said board, conditioned for the correct and faithful publication in said newspaper of all said advertisements, notices and orders, in manner and form as required by law, and according to the schedule of rates named in said proposal, and upon said bond suit may be Instituted in the name of the Slate, to the use of any person aggrieved; second, that no paper shall be awarded the contract for said publication, unless It have a bona fide daily circulation in number of copies equal to at least five per cent of the total population of such cities as shown by the last United States census; third, that in case said board shall believe that said bids are not sufficiently definite or specific, or that in consequence of combinations, or from any cause, said bids are unreasonably high, it shall be at liberty to reject all proposals, in which case it shall proceed at once to re-advertise for proijosals, as hereinbefore provided. (R. S. 1899, sec. 4t;92.) Sec. 2. l'rr(>hil>iled from running; at larfje. — It is hereby enacted that in the city of St. Louis, and in the county of St. Louis, it is unlawful for any animal of the species of horse, cattle, mule, ass, swine, sheej), or goat to run at large or outside the inclosure of its owner, or be herded on land other than that of its owner; and whenever any such animal shall be found so running at large or outside of the inclosure of its owner, or being herded on land other than that of Its owner in said city or county, it shall be lawful for any citizen of such city or county to arrest the same and deliver it forthwith to the constable of the ward or township or any marshal of any city or town in which it was arrested, and such constable or marshal shall receive and take charge of it; and it shall be the duty of every constable or marshal of such city or town, upon information given him by any citizen of such city or town, and the duty of every constable of said county, ui)on information given him by any citizen of said county, that any such animal is run- ning at large or outside of the inclosure of its owner, or being herded contrary to the provisions of this article in the respective localities, to arrest the same, and to take all such animals, whether arrested by him or by a citizen, without delay before some justice of the peace within the jurisdiction of such constable or marshal, which justice shall record the size, color, age, sex, marks and brands, and any peculiarity of such animal by which Its owner would ntore readily recognize it, and when said description Is so entered, it shall be the duty of such justice to issue a notice, returnable in four days, directed to all whom It may concern, reciting the fact that such animal has been arrested and Impounded In accordance with this act, and containing the description of such animal, and that the same will be advertised for sale if not redeemed within four days from the date of such notice, one coi)y of which notice shall be posted In or near the office of such justice by the constable or marshal, and another copy of such notice shall be served by the constable or •S>>t out In Rt'V. St. 1S99. pnKrs 25o7-2.'i59. See. for kpiituI Stnto law. I^ws 1905. p. 47; Ijiw.i 1907. p. 6.i: Rpv. St. 1,S99. S«-cs. 4767-4776; for Schcnn- and Cluirter provl.slona ••e Scheme, .-Vrt. 35; Charter Art. III. Sec. 26. clause 9; ordlnniice.s, see Rev. Code. Sees. I»7t, 1677, 1578 and notation. The above State act Is constitutional: State to use vs. Aubuchon, S Mo. App. .125. 80 STATE LAWS SPECIALLY APPLICABLK TO ST. LOUIS. [CHAP. 2. marshal ou the ownei- or owners of such animal, if they be known, in like manner as a summons in a civil suit, and another copy of such notice shall be by him delivered to the officer having charge of stray-books in his jurisdiction and be by him immediately recorded in his book of strays and return such notice to such justice. (Laws 1S7 7, p. 19^, sec. 1.) Sec. 5. Sale of animal, when (lireited and liow conducted. — It shall be the duty of such justice, on the return day of such notice, the same or another notice issued by such justice having been first returned executed by such constable or marshal, unless such animal shall have been redeemed, to adjudge whether such animal was arrested in accordance with the provisions of this chapter, and it so, to make an order for the sale of such animal, and direct the same to such constable or marshal, whose duty it shall be to give notice of such sale by hand-bills contain- ing such description of the animal to be sold, and the time, terms and place of sale, which hand-bills shall be put up by such constable or marshal at five of the most public places in the county, township, ward, town or city for which such constable or marshal may be acting, and deliver or send one to any person who such constable or marshal has reason to believe is the owner of such animal. Such sale shall be to the highest bidder for cash at public vendue, and so advertised for at least four days before the same takes place. Such constable or marshal, in the meantime, shall securely keep such animal in some place provided by him for that purpose, and feed the same plentifully. (Laws 1S77, p. 194, sec. 2.) Sec. 6. Release of animals, when claimed. — Whenever any person shall claim such animal so held, and make application for the return of the same before sale, such justice, upon being satisfied that the person so applying is the owner of the same, shall make an order for the delivery of the same to the applicant upon the payment of the costs and e.xpenses incurred, and such justice shall note on the margin of the description kept by him of such animal, the date of such order and to whom given, which entries shall be open for inspection at all times by any person, free of charge. (Laws 1877, p. 195, sec. 3.) Sec. 7. Certificate to he given in ca.se of i-edeniptiou. — When such animal is redeemed at any time beiore sale, such constable or marshal shall give to the party redeeming the same a certificate of redemption, and include In the same a bill of all costs and charges upon such animal, which costs and charges shall be paid by the party redeeming the same, and when a sale shall have been made under this chapter, he shall give to the purchaser, upon payment of the amount bid, a bill of sale, in which shall be state(i the amount of the costs and charges attending the liroceedings, which bill of sale shall be in the following form: Sold, this day of , a domestic animal, described as follow^s: (here copy description in notice), for the sum of dollars, the receipt for which is hereby acknowledged — said sale having been made in conformity with the stock law. Cost and charges $ . , constable (or marshal), and shall be prima facie evidence of the regularity of the proceedings and owner- ship of the animal; and the owner of sucii animal at the time the same was arrested shall be entitled to redeem the same at any time within six months after the day of sale, by paying to the purchaser all costs included in the bill of sale, with ten per cent per annum interest and the other costs and a reasonable compensatiou, to be determined by such justice, for keeping the same; but before the purchaser shall deliver up to any applicant such animal, such applicant shall obtain from such justice a certificate, which shall be noted in like manner as an order, to the effect that he is satisfied that such applicant is the owner of the same, and upon presenta- tion of such certificate to such purchaser by such applicant, he shall have the right to redeem such animal, and no person purchasing at such sale shall sell such animal under six months from the date of such purchase, under a penalty of double the ralue of such animal, to be recovered by the former owner in a civil action. And in all proceedings under this article any party demanding the same shall have the right of a trial by jury. (Laws 1S77, p. 195, sec. 4.) Sec. S. Proceeds of sale, how disposed of. — After any such animal shall have been redeemed as aforesaid, the purchaser at such sale shall be entitled to the remainder of the proceeds of the sale of the same, after deducting the amount of the costs and expenses paid to said officers, and the owner of such animal at the time the same was arrested shall be entitled to the remainder of such proceeds of sale after a like deduction, unless he shall elect to redeem the same. (Laws 1877, p. 195. sec. 5.) Sec. 9. Fees of officers. — There shall be charged and collected by the officers charged with the enforcement of this article, the following fees: The constable or marshal shall receive for each head of horse, cattle, mule or ass arrested or received by him, as above provided, one dollar, and for each head of swine, sheep or goat, fifty cents: and for the impounding and keeping of each head of the former elasB, twenty-five cents per day, and the latter class, ten cents per day, and a reasonable eompensation, to be determined by such justice, for the food given the same, and for advertising and selling the same, the same fees as are allowed for selling usd^r CHAP. 2A.) STATK LAWS SPECIALLY APPLICABLK TO ST. LOUIS. 81 executions from justices" courts. Such justice shall charge and receive the sum of ten cents per hundred words and figures tor all records had in the proniisos, and the same for any other act reciuired to be done by him as may bo allowed by law for similar services in other |>roceedings, and the officer for recording sucli notice Iho same fees as for recording certificates of strays. And any constable or marshal who shall fail or refuse to perform any duty imposed ujion him by this article shall forfeit his office, and the tribunal having power to (ill such vacancy shall remove hliu and appoint another in his place. (Laws 1S77. p. 196, sec. 6.) Sec. 10. Dispo.sitions of proceeds of sale. — The proceeds of all sales provided for in this article, after deducting the costs and charges herein allowed, shall be retained in the hands of the constable or marshal making such sale, and his suc- cessor in office, for the proper payment of which he and his bondsmen shall be responsible, which net amounts, togetlier with amounts paid to claimants, shall be rei)orted, giving dates of recei|)ts and payments under oath or affirniiition by him at the end of every three months, beginning on the first day of ,Tuly, 1S77, to the treasurer of public funds for his jurisdiction, and if such balance of proceeds of any sale remain in his hands for the period of one year, the same shall be paid to such treasurer for the use of the public schools, and any failure to pay over any such sum for a period of thirty days after the same shall have become payable by him. shall subject such constable or marshal and his sureties to the payment of the same and interest at the rate of ten per cent per month, and an action shall be prosecuted for the payment of the same in the name of the state of Missouri for the use of such school fund. (Laws 1S77, p. 19(5, sec. 7.) Sec. 11. Aiiiiiial.s from ad.joiiiiiiK county. — If any animal, the owner of which resides in a county adjoining St. Louis county, and keeps such animal in such adjoining county, strays over the southei-n or western boundary line of said county anywhere between the Mississippi and Missouri rivers, for a distance not exceeding one mile from such county line, the same may be arrested by any citizen as provided in the first section of this article; but no further proceedings shall be had in such case, and no costs or charges shall be enforced against such owner, unless upon notice given him in writing by the party having such animal in charge, that the same has been so arrested, and he fails or refuses, for a period of two days after the service of such notice, to take such animal out of St. Louis county. (Laws 1S77. p. 196. sec. 8.) CHAPTKR TWO. (A) AHT ML'SICL'M.' Sec. 11a. .Vuiliority for ta.\ for ait mii.seiim. — When one hundred taxpayers of any city in this state which now has or may hereafter have four hundred thousand inhabitants or more shall petition the proper authorities asking that an annual tax of one-fifth of a mill on the dollar annually on all the taxable property in such city shall be levied for the establishment, maintenance or extension of a museum of art for the benefit of the public in such city, and shall ask that the question whether such a tax shall be levied be submitted to the voters of the city at a special or regular election, provided no special tax for an art museum shall then be subject to be levied, the proper authorities shall, if the petition specify a special election, call a special election, and the proi)er authorities shall, in legal notice of the special election or of the next regular election, if a special election be not specified in said petition, give notice that at such election every voter may vole "for a one-fifth mill tax for the art museum." or "against a one-fifth mill tax for the art museum." and if the majority of all the voles cast In such city upon such proposition for and against a one-fifth mill tax for the art museum shall be for the lax, the tax specified in such notice shall be levied and collected in like manner with other general taxes of said city, and the proceeds of said tax shall be known as "the art museum fund:" Provided, that such tax shall cease In case the legal voters of such city shall so determine by a majority vote at any annual election held therein: Provided further, however, that when a majority of the voters of such city shall have voted for a one-fifth mill tax for an art museum, the authorities, officials or representatives of the city whose luty it shall be to fix the tax rate for such city shall have the tax for an art museum at the rale specified In consideration in fixing the tax rate, and shall so fix said rate that with and including such lax for an art museum the constitutional limitation u|)on the taxing power nf such city shall not be exceeded. ( L.tws irMi7, p. 94, sec. 1.) •Ttil.x net or Mnrch 7. lOiiT, providing for tho Art Museum (Sr.s.slim Liiw.s 19i>7. p. 94). 11(1 not apponr In llmo to hf InrUiHod In nuiiKTlrul orrler In tlu' coinpilntlon. .so i.s In- rl...l h>-rf with nlphnhetlcal li-ttiTS nftor the numornls. Thf authority conferrod to It the qupstlon. whcth.-r tho tax for tin- art museum should bp Imposed, to tho < was pMTiised hy the city In ordinance 229n.1. approved March 19. 1907. The ri'siilted In favor of ili.' tuv mi. I the mo>i..iini was established In Forest Park. 82 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP 2A. Sec. lib. definition — Requirements. — An art museum for the benefit of the public for the purpose of this act shall be an institution for the collection and exhibition of pictures, statuary and other ■norks of art, or whatever else may be of artistic interest and appropriate for exhibition in an art gallery or museum, for instruction in art, and in general, for the promotion by all proper means of aesthetic or artistic education, which shall conform to the following requirements: The exhibition galleries shall be open free to the public under proper and reason- able rules and regulations during suitable hours for a reasonable number of days in each week, including as a usual custom public holidays; and if admission fees or charges shall be collected at any time, the amounts thereof shall be held for expenditure only for the maintenance or extension of the art galleries and collec- tion or other proper work of the institution as specified herein. (lb., sec. 2.) Sec. lie. Appointment of board of control. — When in any city it shall have been decided by a vote in the manner provided in section 1 of this act [sec. 11a supra] that a tax shall be levied for an art museum, the mayor of such city shall, with the approval of the legislative branch of the municipal government, proceed to appoint an administrative board of nine members to control the expenditure of the art museum fund, unless and except there shall be at the time already constituted and in existence, operation and authority, an administrative board endowed by city ordinance or other legal authority with power to occupy or administer public property devoted by law to the uses of an art museum located in a public park or upon public property by virtue of municipal authority: and if there shall be such a board, such board and its successors shall be the board of control tor the art museum fund under this act for all the purposes and possessing all the powers and charged with all the duties provided for such board in this act. (lb., p. 95, sec. 3.) Sec. lid. Term of oflfice — removal. — Said administrative board of control shall, when appointed by the mayor as provided by the preceding section, immedi- ately assemble and elect one of its members to be president, and elect such other officers as it may deem necessary, and its members shall, at their first meeting, divide themselves into three classes, holding office one-third for one year, one- third for two years, and one-third for three years, dating from the first of June following their appointment, and annually thereafter said board shall, before the first of June of each year, elect members for the class whose terms are then expired ajid to fill vacanices in other classes, and said board shall have power, by and with the consent of the mayor and the legislative branch of the municipal government of said city, to add to its numbers and to adopt a by-law regulating the manner in which its members shall be chosen. The members of said board shall hold office for three years and until their successors are chosen, and no member of any board herein provided for shall receive compensation as such. The mayor may. by and with the consent of the legislative branch of the municipal government, remove any member of the board for misconduct or neglect of duty, and no member so removed shall be eligible to appointment upon said board thereafter. (lb., sec. 4.) Sec. lie. By-laws — powers of board — finances. — Said board of control shall make and adopt such by-laws, rules and regulations for its own guidance and for the election of its members and for the administration of the art museum fund as they may deem expedient, and as may not be inconsistent with this act: they shall have exclusive control of the expenditure of all moneys collected to the credit of the art museum fund, and of the construction and maintenance of any art museum building built or maintained, in whole or in jiart. with the moneys of said fund, and of the supervision, care and custody of the grounds, rooms or buildings constructed, leased or set apart for the purpose of an art museum under the authority conferred by this act: Provided, however, that all moneys received for such art museum fund shall be deposited in the treasury of said city to the credit of the art museum fund, and shall be kept separate and apart from other moneys of such city, and shall be drawn upon by the proper officers of such city upon the properly authenticated vouchers of the art museum board. Said board shall have the power to purchase or lease ground and to occupy, lease or erect an approjiriate building or buildings for the use of said art museum: shall have power to appoint a director and necessary assistants and fix their compensation, and shall also have power to remove such aijpointees. and shall in general carry out the spirit and intent of this act in establishin.g and maintaining an art museum. (lb., sec. 5.) Sec. 1 1 f . Museum, how far free to public — further powers of board. — Every art museum established under this act. or established or maintained in whole or in part from the proceeds of an art museum fund established under this act, shall be forever free to the use of the inhabitants of the city wherein it shall be located, so long as the art museum tax shall continue to be operative therein, sub,iect always to such reasonable rules and regulations as the administrative board may adopt in order to render the use of such art museum of the greatest benefit and efficiency to the greatest number: Provided, however, that said board of control shall have power to exclude from the use of said art museum any and all persons who shall CHAP 3.) STATK LAWS SPKCIAIJ^Y AITLICAHLIO TO ST. LOUIS. y;j willfully violate such rules, and shall have power to make a reasonable charge for admission to the galleries or classes upon certain days other than iniblic holidays, within their discretion, and shall have power to extend the privileges and uses of such museum to persons residing outside of said city upon such terms and conditions as said board may from time to time by its regulations prescribe. (lb., p. 96, sec. ti.) Sec. llg. Keport by board. — The said board of control shall make, before the second .Monday in .June, an annual report to the legislative branch of the municipal government, stating the condition of their trust on the first day of May of that year, the various sums of money received from the art museum fund and from other sources and how such moneys have been expended and for what pur- poses, the number and character of the acquisitions to the collections added by purchase, gift or otherwise during the year, together with the number at the beginning of the year, and such information and suggestion as they may deem of general interest. All such portions of said report as relate to the receipt and expenditure of money, as well as to the number and value of the collections and description and value of the |)roperty. shall be verified by affidavit. ( lb., sec. 7.) Sec. llh. What ordinances city may enact.— The legislative authority of saicT city shall have power to enact ordinances imposing suitable penalties for the punishment of persons committing injury upon said art museum or the grounds or collections or property thereof. (lb., sec. S.) Sea Hi. Donation.s and bequests — title how vested. — .\ny person desiring to make loans of art objects, or donations, devises or bequests of money, objects of art or other personal property or real estate, for the benefit of such art museum, shall have the right to vest the title to such i)roperty so donated, devised or bi-queathed in the board of control provided for by this act. to be held and con- trolled by such board, when accejited according to the terms of the deed, gift, devise or bequest of such property, and as to such property the said board shall be held and considered to be special trustees, and said board shall have power to accept the trust of such donations, devises or bequests. (lb., sec. 9.) Sec. 11 j. Knierjiency. — The fact that many cities and towns in this state have no art museum established therein creates an emergency within the meaning of the Constitution: therefore, this act. shall take effect and be in force upon and after its passage. (lb., p. 97. sec. 10.) CHAPTER THREE. BONDS. INDEMNIFYING. TO OFFICERS.* Sec. 12. liond may be exacted, when. — When any sheriff, marshal, constable or other duly authorized officer shall levy an execution or attachment on any personal property, and any person other than the defendant in such execution or attachment shall claim such property or any interest therein, such officer may demand of the plaintiff or his agent, in such execution or attachment, a sufficient indemnification bond, with at least two good and sufficient sureties, to be approved of by such officer, and may refuse to execute such execution or attachment until such indeniniflcation bond be given. (Laws 185.'). p. 4^4. sec. 1; R. S. 1899. p. 2.").")0.) Sec. 13. Form of bond. — Such bond shall be made payable to the State of Missouri, conditioned that such plaintiff will pay to such claimant all damages that he, the said claimant, may sustain in consequence of such levy, and in consequence of any sale which may be made under or by virtue of such execution or attachment; and the officer taking such bond shall return the same with such execution or attachment. (Laws IS.'j.'.. p. 464. sec. 2; R. S. 1899. p. 2550.) Sec. 14. llaini to Iw in writing;- — No claim made to any personal property levied on as aforesaid shall be valid or lawful as against such officer, unless such claimant or his agent shall set forth his claim in writing, verified by the affidavit of such claimant or his agent, describing the property claimed and stating his Interest therein, and whether it is in the whole or only part thereof, and stating also that he is in good faith the lawful owner of the Interest claimed by him in said property: that the defendant in such execution or attachment has no right or title, directly or Indirectly, in the interest in said property claimed by said claimant, and •S>'i-. 6 of tile act of 1859 (see Infrat. makes the act applicable only to the county (now olty) of St. (..ouls. The ainenilnient of 1859 (Laws 1858-9. p. 440; see also State ex r. ; \i Lumber Co.. 170 Mo. 11-12) does not repi'ul th"' mt nf 1S.t5 as to condition of It' !■ f, I nnd the claim must be made In conformity with the .-ttatiite or the ofTloer will nit I.. I r.iteited: .St. I»uls Dalrj- Co. vs. Sauer. 16 Mo. App. 1. The otricer may waive a formal wrlltin clnlm to property seized nnd. notwithstanding the Informality of the rhitni. the clnlmnnt may maintain an action on the Indemnity liond: Stale to us<; vs. Smlt. 20 Mo. App. 50. This statute Is local to St. Louis and emphasizes the fact that a f »! ■■■ ■" provide a similar remedy throuRhout the State is a casus omissus of the I.' ' ' re; Smith ex rel. vs. RoRers, 191 Jio. 3.14. 342. The constitutionality of the .• ' ■> iii.L.k.il I.I.I 11.. I .,,.1. h .ii.<.-.is«..,i iTi Stat.- .x rel. vs. Lumber c. , Ko M.. '- 84 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP 3. ft that such claim is not made in collusion with said defendant for the purpose of vexing, hindering or delaying the plaintiff in obtaining his just rights. (Laws 1855, p. 464, sec. 3; R. S. 1899, p. 2550.) Sec. 15. Action on bond. — If the claimant shall be injured or damaged in consequence of any levy or sale under or by virtue of such execution or attachment, and shall in good faith be the owner of the interest claimed by him in the property levied on or sold as aforesaid, he, the said claimant, may bring a civil action on such bond in the name of the state, to his own use. against such plaintiff and his sureties, or any or either of them, in the usual manner of bringing actions on penal bonds, or may proceed thereon by motion in open court, first giving to the parties proceeded against in said bond twenty days' notice of such motion. (Laws 1855, p. 465, sec. 4; R. S. 1899, p. 2551.) Sec. 16. Officer, when not liable, — When said sheriff or other officer afore- said shall take an indemnification bond as aforesaid, with good and sufficient security, he shall not be liable to such claimant for any damage or injury sustained by such claimant in consequence of such levy or sale under or by virtue of such execution or attachment. (Laws 1855, p. 465, sec 5; R. S. 1899, p. 2551.) Sec. 17. Officer, wlien liable, — If the security in such indemnification bond shall be adjudged insufficient, such sheriff or other officer aforesaid and his securi- ties shall be liable to all parties injured in the same manner and to the same extent as if no such indemnification bond had ever been given, unless an additional indemnification bond be given and approved by the court or judge thereof, 'as here- inafter provided. (Laws 1855, p. 465, sec, 6.) Sec. IS. Objections, how made. — No objections to the security in any such indemnification bond shall be allowed, if the same be not made by or for the party interested therein, in writing, within the first six days after the return day of such execution or 'attachment, unless the time for making such objections be extended for good cause by the court, and all of said objections shall be made in the court to which such writ is returnable, and not elsewhere. (Laws 1855, p. 465, sec 7; R. S. 1899, p. 2551.) Sec. 19. Effect of overrulins objections, — If such objections shall be over- ruled by the court, such indemnification bond, and the security therein, shall be deemed good and sufficient, so far as the liability of such sheriff or other officer aforesaid is concerned; but if such security shall be adjudged insufficient, the court may, on motion of said claimant or sheriff, or other officer aforesaid, order an additional indemnification bond to be given and filed in the suit within a certain time fixed by the court, and if such additional bond shall be given, and the security therein be approved of by such court, or the judge thereof, then such sheriff or other officer aforesaid shall be entitled to the protection of this act, the same as if he had taken good and sufficient indemnification bond. (Laws 1855, p. 465, sec 8; R. S. 1899, p. 2551.) Sec. 20. Officer, wlien not protected. — If such indemnification bond shall not be given within the time fixed by the court, then, and in that case, the officer levying or selling shall not be protected under this act, but the court may, in its discretion, order the said sheriff or other officer aforesaid not to pay over to the plaintiff any money made, acquired, received or obtained under or by virtue of any such levy or sale, until such additional bond be given and approved by such court or judge. (Laws 1855, p. 465, sec 9; R. S. 1899, p. 2551.) Sec. 21. Proceedings in ca-se of more than one claimant. — Where more than one claim is made to any property levied on by any sheriff, marshal, constable or other duly authorized officer, the same proceedings shall take place in regard to each of such claims as is prescribed in regard to a claim in this act, and in the act to which it is amendatory. (Laws 1858-9, p. 438, sec 1 ; R. S. 1899, p. 2552.) Sec. 2 2. Claim to state value of property. — Every claim made under this act, or the act to which it is amendatory, shall state the value of the property or interest claiiued, and the indemnification bond demandable of the plaintiff or his agent shall be in double the vahie stated in the claim; but if such value is objected to by the plaintiff or his agent, the officer having the property in custody shall proceed to ascertain the real value of such property or interest claimed, in the same manner as is prescribed by the law for the time being for the valuation of property exempt from execution; and in such cases said indemnification bond shall be in double the value of such jiroperty or interest as ascertained by such appraisement. Any indemnification bond taken as aforesaid, with good and sufficient security, shall be deemed an indemnification bond within the meaning of the act to which this act is amendatory; and every such indemnification bond shall be conditioned as the bond which, by the thirtieth section of the "act to regulate executions," approved December 1, 1855, chapter 63 of the Revised Statutes of 1855. the plaintiff may tender to the sheriff after claim made to goods levied on under execution. (Laws 1858-9, p. 439, sec. 2; R. S. 1899, p. 2552.) CHAP 4} STATE LAWS SPECIALLY APPLICABLE TO ST, LOUIS. 85 Sec. 23. Whi-ii couit iiiay rriiiiiii- bond. — Whenever suit is brought agaiust any sheriff, marshal, constable or other duly authorized otflcer, or his sureties, or the representatives of any of them, on account of any levy on or sale of any property, or interest therein, and notice of such levy or sale was made, said court shall not order the payment of the proceeds of such sale to the party or parties who may appear to be entitled to the same, unless such parties shall have given a bond, as required in the preceding section of this act. or shall forthwith give such bond. The court in which such suit is brought may. in its discretion, permit any person who has given bond as aforesaid to be joined as defendant in such suit. If. in any such suit, the plaintiff shall establish his right to any property or Interest levied on or sold as aforesnid. the oflicor against whom such suit is brought, his sureties and the legal representatives of any of them, shall thereupon have a right to recover back any money paid as made on the levy or sale to which such suit related, and if such levy or sale was made by direction or authority of any person interested in the same, or his agent, shall also have a right to recover of (he person so directing or authorizing such levy or sale, all damages which such officer, his sureties or the legal representatives of any of them, may have paid on account of any such levy or sale. (Laws 185S-9, p. 440, sec. 3; R. S. 1899, p. 2552.) Sec. 24. rrocei'dliifiN fur (In- di-lribuliini of iniiney, etc.--\Vhenever money made on any execution ov executions, or other writ or writs, is brought into the court out of which the eldest of such executions or other writs was issued, such court shall order the distribution or i)ayment of such money on the motion of any person interested therein, and on such notice as the court may, by rule or other- wise, direct. On his compliance with such order, the officer returning such execu- tion or executions, or other writ or writs, shall be discharged of his liability for such money: but from any such final order an appeal shall lie as in other cases, and nothing herein contained shall be construed to discharge any officer from liability tor not properly executing any process, or for a false return thereon. (Laws 1858-9, p. 440, sec. 4; K. S. 1S9!1. p. 2552.) Sec. 25. Bond under claim for .specilic property. — In a suit for the possession of specific personal property, the bond required of the iilaintiff. and that which may be given by the defendant, shall be in double the sum stated in the affidavit as the value of the property claimed; but the defendant or his agent may, on the taking of the property claimed, or at any time before the delivery of the same to the plaintiff, demand in writing, an appraisement thereof, which appraisement shall then be made in the same manner as by the law, for the time being. api>raisement is directed to be made of i)roperty exempt from execution: and if such appraised value exceed the value stated in the affidavit, then such property shall not be delivered to the plaintiff unless a new bond be given in double such appraised value, and in other respects similar to the bond required of the plaintiff, by the law for the time being, before the delivery of property so claimed. (Laws 1858-0, p. 4 4 0, sec. 5.) Sec. 26. Natur<- and exient of liijs ad. — This act. and the act to which it is amendatory, shall be public acts, and shall apply only to the county (city) of St. Louis: and this act shall take effect from its passage. Approved March 14, 1859. (Ijiws 1858-9. p. 440. sec. 6; R. S. 1899. p. 2553— e.) CHAPTER FOUR. OK BUIUGES AND Tf.NN'EL.S. SerliiiM 27. Power to build or acquire bridges an, how lillcil. — If any vacancy shall liaiipen for any cause in the office of attornoy-gent'ral, circuit attorney, prosecuting attorney or assistant prosecuting attorney, tlie governor, upon being satisfied tiiat sucli vacancy exists, shall appoint some competent |)erson to fill the same until the next regular election for attorney-general, prosecuting attorney, or assistant prosecuting attorney, as the case may be. (R. S. 1S;»!>, sec. lOlM: .\nienile(l Laws lSti)7, p. 70 — o.) Sec. 34. I'ro.secutinj; attorney, wlicn to appear in St. Louis Court of .Appeals. — Every prosecuting attorney of any counly within the jurisdiction of the St. Louis court of appeals, and every circuit attorney of a judicial circuit within the juris- diction of said court, shall ai)pear in behalf of the state in the St. Louis Court of Apiieals, and prosecute or defend, as the case may require, all appeals and writs of error to which the State may be a party, which may at any time be removed by appeal or writ of error from any court in the county of such prosecuting attorney. or the city or county of said circuit attorney, to said St. Louis Court of j\pi)eals. (R. S. 1S99. sec. 1905.) Sec. 3 5. Compensation in certain cases. — .\11 such prosecuting and circuit attorneys shall, for their services under the preceding section, receive the same fees as are or may be by law allowed for like services in the Supreme Court. (R. S. 1899, sec. 49t;tJ— ft.) Sec. 3 6. Circuit attorney may employ clerk. — Any circuit attorney for any city having a population of two hundred thousand inhabitants or more is hereby authorized and empowered to appoint a clerk, who shall be a citizen of the United States and of the State of Missouri, who sliall hold said office from month to month, and shall be removable at any time, at the option of said circuit attorney. (R. S. 1899, sec. 4967 — i.) Sec. 3 7. Duties of clerk. — It shall be the duty of said clerk to attend to all duties assigned him by said circuit attorney. a|)pertaining to his said office, and during his employment shall be under the direction of said circuit attorney. (R. S. 1899, sec. 4968.) Sec. 38. Salary, how |>aid. — The said clerk so appointed shall receive a monthly salary not exceeding two hundred dollars, payable at the end of each month by the treasurer of said city, upon presentation to said treasurer of vouchers duly approved and certified by said circuit attorney. (R. S. 1S99, sec. 4969.) Sec. 39. Proseculinji and circuit attorneys lo devote entire time to duties. — It shall be the duty of the prosecuting and circuit attorneys, and of the assistant circuit and prosecuting attorneys, of the courts of this state having jurisdiction of criminals within cities in this state which now have and whicli may hereafter have one hundred thousand inhabitants or more, to devote their entire time and energy to the discharge of the duties appertaining to their res|)ective offices. (R. S. 1899, sec. 4978.) Sec. 40. Not to accept employment of others, except in ciril cases. — It shall be unlawful for either of the officers specified in the preceding section, during the term of office for which he shall have been elected or ap|)ointed and qualifiecl, to accept any employment by any party, except in civil cases, other than the State of Missouri. .\ny violation of the provisions of this section shall be deemed a misdemeanor, to be punished as in this act prescribed. (R. S. 1899, sec. 4979.) Sec. 41. Not to accept fee or reward, except salary. — It shall be unlawful for any officer specified in section 4978 to contract for, directly oi indirectly, or to accept, receive or take any fee, reward, promise or undertaking, or gift or valuable thing of any kind whatsoever, except the salary of his office prescribed by law. for aiding, advising, promoting or procuring any indictment, true bill or legal process of any kind whatsoever against any person or parly, or for aiding, promoting, coun- lollng or procuring the detection, discovery, apprehension, prosecution or conviction of any person upon any charge whatsoever; or for aiding, advising or counseling of or concerning, or for procuring, promoting or effecting the discovery or recovery. by any means whatever, of any valuable thing which shall be secreted or detained from the possession of the owner or lawful custodian thereof. (R. S. 1899, sec. 4980.) Sec. 4 2. Violation of act forfeit.s, oftice. — If any officer specified In section 497S shall be convicted of the violation of any of the provisions of sections 4979 and 49S0. he shall forfeit the office to which he shall have been elected or appointed and qualified. ( R. S. 1S99, sec. 4981.) Sec. 43. IVnolty for sonie — brilM-ry. — .^ny officer specified In section 4978 who shall be convicted of the violation of any of the provisions of section 4980 shall be deemed guilty of bribery, and shall, upon conviction, thereof, be punished by confinement in the penitentiary for a term not exceeding seven years. (R. S. 1899. sec. 49S2.) (jr> Same as prL-ccdlng nott I*) Sc>f General Sessions to hear and determine all preliminary examinations of charges of felony and certain misdemeanors, and Imposing upon the circuit attorney of the city of St. Louis and his assistants the duty of instituting and conducting prosecu- tions In behalf of the state in the said St. Louis Court of General Sessions, and the present inadequacy of the force of assistants to the circuit attorney creates an pmergency within the meaning of the Constitution: therefore, this act shall take effect and be in force from and after Its passage. 90 STATK I.AWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5. ARTICLE II. COURTS. CIRCUIT. Sec. 55. Constitutional provision. — The circuit court of St. Louis county [city] sliall be composed of five judges, and such additional number as the general assembly may from time to time provide. Each of said judges shall sit separately for the trial of causes and the transaction of business in special term. The judges of said circuit court may sit in general term, for the purpose of making rules of court, and for the transaction of such other business as may be provided by law, at such time as they may determine, but shall have no power to review any order, decision or proceeding of the court in special term. (Cons. Mo. (1S75) Art. VI., sec. 27; R. S. 1899, p. 2o33— fc.) Sec. 5 6. Number of judges on St. Louis circuit. — From and after the taking effect of this act the circuit court of the city of St. Louis shall be composed of twelve judges. iLaws 1905, p. 127, sec. 1.) Sec. 57. Judge for short term. — Immediately on the taking effect of this act, the governor shall appoint one judge of the circuit court for a term ending on the 31st day of December. 1906, and the additional judge hereby provided for shall possess the same qualifications and shall receive the same compensation and from the same source as the present judges of said circuit court. (lb., sec. 2.) Sec. 5S. Election, etc. — At the general election held in the city of St. Louis in November, 190 6, a successor to such additional judge hereby created shall be elected for a term of six years, and thereafter his successor shall be elected for the same term. (lb.,' sec. 3.) Sec. 5 9. Criminal OHUses — general term arrange docket — grand jury to attend. — Immediately upon the taking effect of this act, or as soon thereafter as may be practicable, the judges of the circuit court of the city of St. Louis sitting in general term, shall assign three or more of their number, who shall sit separately for the trial of criminal causes then or thereafter pending in said court, and for the disposition of such other business arising under the criminal jurisdiction of the court as may come before it, and to whom thereupon shall be transferred for trial and disposition in such proportions between themselves as said court in general term shall determine. The judges so assigned for the trial of said criminal cases and the disposition of other business arising under the eriminal jurisdiction, shall try and dispose of the cases so transferred to them, and conduct the business arising under said criminal jurisdiction during such time or times as the court in general term may direct, and said general term shall from time to time replace the judges so assigned to try such criminal cases and despatch said criminal business with others of its members selected by it to that end and as far as practicable alternately and in rotation, so that from time to time each of their number shall in turn serve in the transaction of the criminal business of the court [unless the judges, sitting in general term, shall, in their discretion, excuse any member of the court from so serving]. And It shall be the duty of the judges sitting in general term to at all times so arrange the dockets of said court that the trial and disposition of criminal cases and proceedings shall have precedence over those of civil action pending therein, and to that end shall from time to time assign as many judges of said court for the trial of criminal causes as may be necessary. After the taking effect of this act, a grand jury shall be summoned each term to attend upon such divisions assigned to criminal business as said court in general term may direct. It shall be charged with regard to its duties by the judge of said court sitting in said division, and it shall return all indictments by it found and deliver all reports by it made into said division. (Laws 1905, p. 127, sec. 4; and Laws 1905, p. 128, sec. 35 — I.) Sec. 60. Inconsistent acts repealed. — All acts and parts of acts inconsistent with this act are hereby repealed. (Laws 1905, p. 128, sec. 5.) Sec. 61. Jurisdiction of common pleas, land and law conuniesioner's court transferred to the circuit court. — On the first day of January, 1866, all jurisdiction then vested in the Saimt Louis court of common pleas, the St. Louis land court and the law commissioner's court of St. Louis county, and all powers then vested in the judges of said courts, shall be transferred to, vested in and thereafter exercised by the circuit court of St. Louis county [city] and the judges thereof, as said court iJk) Section construed and the Eelation between the divisions of the circuit In St. Louis discussed, see: Haehl vs. Wab. Rv.. 119 Mo. 325; State ex rel. vs. Withrow, 133 Mo. 500; Voullain vs. Voullain, 46 Mo. 602. Under the power to increase tlie number of judges, statutes to that effect were from time to time enacted, the present statute fixing the number at twelve, as per next section. Tlie last prior law created two new judges (then niakin.ir eleven) and appears In Laws 1903. p. 142; the number was made nine in 1S95: Laws 1895, p. 13L (;) The portion enclosed in brackets is an amendment to the old law. and was passed at the 1905 session, being approved April 6. 1905. while at the same session another act incorporating the remaining provisions was enacted, being approved March 21, 190B. Reading the two together, it is thought the law is as appears above. Thie section 8up«rsedes the former law as appears Infra in Sec. 84. A.aT. 2.) STATE LAWS SPECIAU^Y APPLICABLE TO ST. LOUIS. 91 will beconio constituted under the fifteenth section of the sixth article of the con- stitution of this state. (Laws lS.")o-6. p. 71, sec. 1 ; Cons. lSt;r>, art. \'I.. sees. 14 and 15; K. S. 1S99, p. 253S. sec. 2.) Sec. 62. rntinishcd business of said courts transferred to circuit court. — On that day, all unliiiislicii business remaining in any of said lirst named three courts shall be transferred to said circuit court, by which the same shall be |)roceeded with, determined and closed uj) in the same manner as might have been done b\i those courts, respectively, if they had continued in existence. In all cases so trans- ferred the said circuit court shall take judicial notice of all entries of record made therein before the transfer thereof. I Laws l.S(!,^,-6, p, 71, sec. 2: K. S. IS'jg, p. 2534. sec. 3.) Sec. 63. C*ertain cases to Ik- reniniided to circuit court from supreme court. — .\ll cases which, prior to said day, may have been taken by appeal or writ of error from any of said first named three courts to the Supreme Court shall, upon any doi'Islon of the Supreme (T'ourt thereafter made remanding the same, be renmnded to said circuit court and be there proceeded with as if the same had been taken from that court: and if any party to an action or proceeding in any of said first named three courts shall, on or after said day, desire to sue out a writ of error therein, such writ .<;hall be directed to the said circuit court, and be returned by the clerk thereof. (Laws 1S65-6, p. 72, sec. 3: R. S. 1S99, p. 2534, sec. 4.) Sec. 64. Judgments of said courts enforced iu circuit court — liens and execu- tion!!. — All judgments, orders and decrees of the said first named three courts remaining unsatisfied, unperformed or unexecuted, shall be enforced by the said circuit court, in the same manner as it the same had been rendered or made therein. The lien of all such judgments and decrees shall continue as if the laws establishing said courts were still In force, and may be revived by the said circuit court, in the manner provided by law for reviving the lien of its own judgments and decrees; and the clerk of said circuit court may, whenever required, issue execution on any luch judgment or decree in any case authorized by law. (Laws 1S65-6. p. 72, sec. 4; R. S. 1899. p. 2534. sec. 5.) Sec. 65. Return of certiun process and proceedings thereon. — .AH writs, rules. process and orders issued or made by any of said first named three courts, and returnable to &ny term of either of said courts, which would be held after the day aforesaid if said courts continued in existence, and which shall not have been returned before that day, shall be ralid. and be returned to said circuit court at such times as they would respectfully have been returnable in said courts; and the said circuit court may enforce the return thereof. And defendants, in orders against non-resident, absent or unknown defendant, and in writs of summons or attachments, shall plead to the action within the first six days of the first return term of said circuit court, which shall be held on or after the day said orders or writs shall be respectively returnable, and the said court shall have the same power to conform or set aside sales made under orders of or under executions issued by •ither of the first named three courts mentioned in the first section of said act, as the said courts respectively possessed prior to the first day of .Tanuary, A. D. eighteen hundred and sixty-six, and also all other powers possessed by said courts respectively prior to that date in relation to the said writs, rules, process and order. (Laws 1S65-6, p. T6. sec. 2; amended Laws 1S65-6. p. 72, sec. 5; R. S. 1899, 9. 2534. sec. 6.) Sec. (36. ll«>corda of said courts transferred to cir<-uit court. On the day aforesaid, the several clerks of said first named three courts shall deliver all the booke. papers, records, furniture and other effects belonging to their respective •fflces to the clerk of said circuit court, who shall thereafter have charge thereof. and be responsible therefor, and perform such dutii* in relation thereto as he is required by law to perform in regard to similar things appertaining to his own offlre; and he shall, when required, make and certify copies, transcripts ana •Tenipllficatlons of any such books, papers and records. And the said circuit court rihall have the same power and control over the books, papers and records so trans- ferred, including the power to alter and amend the same as in cases allowed by law. as it has or may have over its own books, papers and records. (Laws 1S65-6, p. 72. s«c. 6; R. S. 1899, p. 2534. sec. 7.) Sec. 67. Change of venue. — After the day aforesaid, no change of venue •hall be allowed by the said circuit court for the cause that any one judge thereof Is Interested or prejudiced, or related to, or has been counsel for. or is under the •nrliio Influence of either party; but if any such cause exist as to any two of the Judges thereof, a change of venue may be allowed to some other circuit court, or to the St. I..OUI3 criminal court, which court shall have jurisdiction to try and dotermine any case sent to it by such change of venue. Every application for a ohange of venue shall be nade to said circuit court at the general term. (Laws H95-6. p. 72, sec. 7; R. S. 1899. p. 2535, sec. 8.) 92 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5. Sec. 68. Return terms. — After the day aforesaid, there shall be annuall.v held five return terms of said circuit court, on the first Monday of each of the months of February. April, June, October and December. (Laws 1865-6, p. 72, sec. 8; R. S. 1899, "p. 2535, sec. 9.) Sec. 6 9. General term, how organized. — The said circuit court, after the day aforesaid, shall hold general terms and special terms, as the business thereof may require. A general term is when the court sits as a court in banc. .A.t such term one of the judges shall act as presiding judge. At the first organization of the court under the constitution, and thenceforward until the succeeding April term thereof, the oldest judge in age shall preside, the next oldest judge shall preside during the said April term, and the youngest during the succeeding June term, and. thereafter they shall preside alternately in the same order of rotation, each during the period from the commencement of one return term to that of another; but the court may at any time change" the rule of presiding as its convenience may require. (Laws 1865-6, p. 72. sec. 9; R. S. 1899, p. 2535, sec. 10.) Sec. 7 0. General term — power to make rules extended. — And in addition to the ordinary power of making rules conferred by the general law, the court may make all rules which its peculiar organization may, in its judgment, require, dif- ferent from the ordinary course of practice, and necessary to facilitate the trans- action of business therein. But all rules for the government of the court at special term shall be the same before each of the judges at such term. (Laws 1865-6, p. 73, part of section 14; other part repealed by constitution 1875; R. S. 1899, p. 2535, sec. 11 — m.) Sec. 71. General term — business to be classified and distributed. — The said court may classify, arrange and distribute the business thereof among the several judges, as the majority of them may deem expedient, and each judge shall attend to the business of the court in conformity with the arrangement thereof made by the majority, and, when not occupied with the business assigned to him, shall, as far as practicable, aid the other judges, to which end cases may be sent from one judge to another at special term, as the individual judges may agree and direct. (Laws 1865-6, p. 73, sec. 15; R. S. 1899, p. 2535, sec. 12— n.) Sec. 72. Certain dockets to be kept. — The said circuit court after the first day of January, 1866, shall require the clerk thereof to keep four [thirteen] record books of its proceedings, one for the general term and one for each of the judges at special term, and shall require the record of each day's proceedings to be fully written up at such time as said court shall, by its rules, direct. (Laws 1865-6, p. 74, sec. 18; R. S. 1S99. p. 2535, sec. 13.) Sec. 73. Special terms defined. — A special term is where only one judge presides, and is for the trial of causes, anil the transaction of all other business not specified in the next preceding section, and each judge at special term, with that exception, shall have and e.xercise all the powers and functions which he might liave and e.xercise if he were the sole judge of the court. (Laws 1865-6, p. 73, sec. 11; R. S. 1899, p. 2536, sec. 14—0.) Sec. 7 4. Power of special term oAer its .judgments. — The said court shall have the same power, at special term, to vacate or modify its own judgments, decrees or orders rendered or made at such term, as if the said court were con- stituted with a single judge. (Laws 1865-6, p. 73, sec. 13; R. S. 1899, p. 2536, sec. 15.) Sec. 75. — Poivers of judges in vacation. — Each judge of the said circuit court, in vacation, shall have and exercise the same powers that he might have and exercise if he were the sole judge of said court. (Laws 1865-6, p. 76, sec. 1; R. S. 1899, p. 2530. sec. IG— p.) Sec. 76. Judge's fee — costs of clerk regulated. — From and after the first day of January, 1866, the plaintiff in every action instituted in said circuit court and appellant in every appeal case brought into said court, shall, at the time of instituting his action or filing the transcript in the case appealed, pay to the clerk of said court the sum of one dollar, to be known as the judge's fee. and no writ shall be issued in any such action, or transcript filed in any such appeal case, unless such fee be so paid. On the first Monday of every month the clerk of said court shall pay into the treasury of the county of St, Louis, for the use of said county, all judge's fees received by him during the preceding month in pursuance of this section, and from and after the said first day of January, 1866, the clerk of said (»/l See Tilford vs. Ramsey. 43 Mo. 410. Tlu- power to make rules conferred by Art. 6. Sec. 27 of the Constitution, was only intemleO to confer autliority at general term to make sucli rviles as would secure uniformity in the several divisions of tlie St. Louis Circuit Court: State ex rel. v.s. Withrow. 133 Mo. 500. A rule of the circuit court which is in conllict with a right given by statute is void: State ex rel. vs. '^'ithrow, 135 Mo. 376. M Relation and powers at general or special term: Haclil vs. Wabash Ry.. 119 Mo. 325; Voullaire vs. Voullaire. 45 Mo. 602; Stripling vs. Magiiire. lOS Mo. App. 594, 600; Tilford vs. Ramsey. 43 Mo. 410; State ex rel. vs. Eggers. 152 Mo. 1. c. 4S7. o) See cases supra. (fi) State ex rel. vs. Eggers. 152 Mo. 4S5. 4ST. ART. 21 STATK LAWS SPKCIAI.LY AI'I'LICAHLIC TO ST. LOUIS. 93 court shall not detiiand or receive at the institution of any action, any fee for or on account of Issuing the summons, attachment or other original writ by which such action may be instituted, or of mal abstract of judgments theretofore kept by the clerk of the St. Louis land court, in pursuance of the "act to establish a land court in St. Louis county, and for other purposes." approved December 12. 185.'.. and shall enter therein all judgments rendered by said circuit court, and shall perform all other duties in relation to said abstract which shall have theretofore been performed by or incumbent upon the clerk of said land court. I Laws 1865-6. p. 75, sec. 25; R. S. 1899. p. 2536. sec. 20.) Sec. SO. Cn.ses ti-inble, when. — Suits instituted in said circuit court shall be triable at the return term thereof in all cases in whicli the defendants have been summoned personally, or by copies left at their usual i)lace of abode with a member of their families over the age of fifteen years, at least fifteen days before the first day of such term, unless continued for good cause shown, as required by the law or rules of court. (Laws 1868, p. 41, amending laws 1865-6, p. 76, sec. 3. R. S. 1899 p. 2536, sec. 20.) Sec. SI. St. Louis criminal <-ourt to consist of two divisions. — From and after the passage of this act. the St. l.,ouis Criminal court shall consist of two divisions of which each shall be presided over by a separate judge, and shall have and exercise all the powers and jurisdiction now had and exercised by. and shall iiorform all the duties now beUmging to said court as at present constituted. One of said divisions nhall he known and styled as division number one. and the other as division number two. of said court. The judge of said court who shall be in office at the time of the passage of this act. and his successors, shall preside over and perform all the duties, and exercise all the powers, of the office of judge in division number one of said court, and the judge of said court to be appointed by the governor, as herein- below provided, and his successors, shall preside over, perforin all the duties and exercise all the powers of said office of judge in division number two thereof. (Ij»ws 1895, p. i:n: R. S. 1S99, p. 25:57. sec. 21— g) Sec. 82. Governor to appoint additional judge— —«juaIifications — salary. — As soon as possible after the passage of this act. the governor shall appoint and com- mission, for a term to end on the day before the first Monday of January. 1S97. and additional judge of the St. Louis criminal court. The judge so api)ointed shall be a resident of said city, learned in the law. and have all the qualifications required by the constitution for a circuit judge. His salary shall bo the same amount per annum as that now paid the present judge of said court, and shall be paid in the same manner and out of the same moneys as that of said present judge is now paid. (lb., p i:!l. sec. 2 — f/. ) aec. 83. Terms of court^-oHfcers anuis criiiiiiial court shall 39, sec. .M.) Sec. 93. Transfer and disposal of criminal <'aiiscs — criminal causes to have pn-cedence — >n'ans, and the disposition of other business arising under the criminal jurisdiction, shall try and dispose of the cases so transferred to them, and conduct the business arising under said criminal jurisdiction during such time or times as the court, in general term, may direct, and said general term shall, from time to time. rei)lace the judges so assigned to try said criminal cases and dispatch said criminal busi- ness, with others of Its members selected by it to that end. and, as far as practic- able, alternately and in rotation, so that from time to time each of their number shall In turn serve in the transaction of the criminal business of the court. And It shall be the duty of the judges sitting in general term to at all times so arrange the dockets of said court as [so] that the trial and disposition of criminal cases and proceedings shall have precedence over those of civil actions pending therein, and to that end they shall from time to time assign as many judges of said court for the trial of criminal cases as may be necessary. After the first .Monday of Janu- ary. 1897. a grand jury shall be summoned each term to attend upon such division assigned to criminal business as said circuit court in general term shall direct. It shall be charged with regard to its duties by the judge of said court sitting in said division, and it shall return all indictments by it found, and deliver all reports by U made Into said division. (lb., p. 133, sec. 13; R. S. 1899, p. 2539. sec. 35.) Sec. 94. Office of clerk for criminal causes created — fees and coni|H'nsation — amount of bond — term of office. — On and after the first Monday of January. 1S97, there shall l)e an additional clerk of the said circuit court, to be known as the cir- cuit clerk for criminal causes of said circuit court, who shall have charge of the books, papers and records of said court pertaining to the criminal cases and busi- ness pending therein from time to time, and shall perform all the duties for the divisions of the said court assigned for the trial and disposition of criminal casesand busness. that under the law now existing are required to be performed for the said St. Louis criminal co\irt by the clerk thereof. P'roni and after said day in January, 1897. and until the first Monday of January. 1S99. whoever may be the clerk of the said criminal court on the day before the first Monday of January, 1897, shall per- form the duties hereby cast upon said circuit clerk for criminal causes of said cir- cuit court, and hold and exercise the office of such clerk. He shall for his services receive the same fees and compensation as by the law in force on said first .Monday 96 STATE LAA'S rtPKCIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5. of January, 1S97. is allowed to said clerk of said criminal court for like services, but not retaining in any year a greater amount of tees than under the law now in force is allowed to be retained by him for his services as clerk of said criminal court. He shall, on or before said first Monday of January, 1897, enter into a bond, payable to the state of Missouri, with good and sufficient securities, resident in said city, to the satisfaction of a majority of the judges, of said circuit court. In a sum not less than five thousand dollars, and as much more as a majority of said judges may require, conditioned that he will faithfully perform the duties of the office of cir- cuit clerk for criminal causes of the circuit court of the city of St. Louis, and pay over all moneys which may come to his hand by virtue of his office, and that he, his executors or administrators, will deliver to his successor, safe and undefaced, all books, records, papers, seals, apparatus and furniture of his office of circuit clerk for criminal causes as aforesaid. At the general election in November, 1898, and every four years thereafter, there shall be elected by the qualified voters of said city a circuit clerk for criminal causes of the circuit court of the city of St. Louis, who, when so elected, shall be commissioned by the governor, and shall enter upon the discharge of his duties upon the first Monday of January ensuing his election. He shall hold his office for the term of four years, and until his successors shall be duly elected and qualified, unless sooner removed from office. He shall receive for his services the same fees as are or may be allowed to other circuit clerks in the state for like services, Ijut not retaining in any year for his salary and services a greater amount of the fees of his office than under the law as now in force is allowed to be, retained by the clerk of said criminal court. He shall use in the attestation of all writs and papers issued or made by him which are required to be under seal, the seal of said circuit court. (lb., p. 134, sec. 14; R. S. 1899, p. 2540, sec. 36.) Sec. 9 5. Circuit and assistant circuit attorney shall nianase and conduct all criminal causes — compensation. — On and after the first Monday of January, 1897, the circuit attorney and the assistant circuit attorney of the city of St. Louis shall manage and conduct all criminal cases, business and proceedings of which said circuit court shall have jurisdiction, in like manner as under the laws now in force they are required to manage and conduct the like cases and business of which the said St, Louis criminal court now has jurisdiction. Their compensation re- spectively shall, after said day, be the same as it now is, and be paid in the same manner as is now provided by law. (lb., p. 135, sec. 15; R. S. 1899, p. 2541, sec. 3 7.) Sec. 9 6. Changes of venue, how clfectod. — After said first Monday of Jan- uary. 1897, changes of venue shall be allowed from said circuit court in any criminal case pending therein, for any cause for which such changes are or may be allowed from other courts of this state having criminal jurisdiction: but when- ever such changes is [are] asked on the ground of prejudice, interest, or other legal objection to any of the judges thereof who may have been assigned for the trial of such case, no change shall be awarded, but the case shall be transferred to another division of said court, to which the trial and disposition of criminal cases may have been allotted by the court. (lb., p. 135, sec. 16; R. S. 1899, p. 2541, sec. 38.) Sec. 97. Circuit court in general term may make rules to carry act into effect. — The judges of said circuit court sitting in general term are hereby empowered to adopt and promulgate from time to time such rules and regula- tionr as may by them be found to be necessary or expedient to carry this act into effect, and to secure in said city as well an efficient administration of the laws of the state relating to crimes, as a prompt and thorough enforcement of the rights of persons and property under the laws relating to civil actions and procedure, (lb., p. 135, sec. 17; R. S. 1899, p. 2541, sec. 39.) Sec. 9 8. Inconsistent acts repealed. — All acts and parts of acts inconsistent with this act are hereby repealed. (lb., p. 135, sec. 18.) Sec. 99. Kniergenc.v clause. — The existing delays in the administration of justice in both civil and criminal cases in the city of St. Louis constitute an emergency within the meaning of the constitution; and it is therefore enacted that this act shall take effect from and after its passage. (lb., p. 135, sec. 19.) Sec. 100. .Amount to be retained by circuit clerks and clerks of criminal courts — appointment of deputies — c(mipensation, etc. — In all counties and cities not within the limits of a county having a population of three hundred thousand inhabi- tants or more, or such as may hereafter have three hundred thousand inhabitants or more, the clerk of the circuit court of such county or city may retain, out of the fees received by him as such clerk, an amount not exceedin.g the sum of five thousand dol- lars per annum for his services as such clerk. In all counties and cities not within the limits of a county, having a population of three hundred thousand inhabitants or more, or such as may hereafter have three hundred thousand inhabitants or AKT. ;l— 4.1 STATIC LAWS SPECIALLY AITLICABLK TO ST. LOUIS. 97 more, the clerks of fourLs having oriiiiinal jurisdiction in such city or county shall receive an amount not exceodinn the tliousaml dollars per annum tor his salary and service as such clerk, to be retained out of the fees of his office. In all such cities or counties the clerk of such court shall have the right to select and appoint as many deputies, subject to the approval of the court, as may be necessary to perform the duties of his office, and shall fix the ■compensation of such dei)uties. not exceeding the sum of twelve thousand dollars in the aggregate, which deputy hire shall be paid out of the fees of his office. At the end of each year such clerk shall make out and return to the treasurers of said counties and cities not within the limits of a county, a full and correct statement of all such fees collected by them during the year, and in the event that the aggregate sum so collected shall not be equal to the amount of their respective salaries and that of their deputies as herein provided, the deficit shall be paid to such clerk out of the treasury of snch counties and cities. (Laws 190;'). p. 154: amending R. S. 1S99, sec. 8271.) Sec. 101. KnierKeiuy clause. — The increase in the number of criminal divisions of circuit courts in this state and the necessity for the increase in clerical force and labor in said courts creates an emergency within the meaning of the constitution, and this act shall take effect and be in force upon its passage, (lb., sec. 2.) ARTICLE III. OK PUOnATIC COrKTS.* ARTICLE IV. THE ST. LOUIS COURT OF CRIMINAL CORRECTION." Sec. 102. Court established. — There is hereby established in the county [city] of St. Louis a court of record, which shall be known and called "the St. Louis Court of Criminal Correction." (Laws 1SG5-G, p. "S, sec. 1; R. S. 1S99, p. 2541.) Sec. 103. A court of record. — Said court of criminal correction shall be a court of record, and shall jiossess all the powers, and perform the duties, and be subjected to the restrictions of a court of record, according to the laws of this state. (Laws 1S(;9. p. 194. sec. 1: R. S. 1S99. p. 2541— r) Sec. 104. Klection, (|iiiili(U'atioii and terms of jutlfje and officers. — At the general election, every four years, there shall be elected by the qualified voters of St. Louis county [city] a judge and clerk of said court, a prosecuting attorney, to be styled the prosecuting attorney for the [St. Louis] court of criminal correction of St. Louis county, and an assistant i)rosecuting attorney. Said judge shall possess the qualifications of a judge of the circuit court, and shall hold his office for the term of four years irom the time of his election, and until his successor shall be duly elected and qualified, unless sooner removed from office. Said clerk shall possess the qualifications of a clerk of the circuit court, and be subject to all the requirements and obligations exacted of and imposed by law upon clerks of courts of record, and shall hold his office for the term of four years from the time of his election, and until his successor shall be duly elected and qualified, unless sooner removed from office: and said clerk shall have power, by and with the con- sent of the judge of said court, to appoint one or more deputies, which said appointment shall be approved by said court; thereupon said court shall fix the salary of said deputy or deputies, and the said salary or salaries shall be paid monthly by the county [city] of St. Louis. Said prosecuting attorney and assistant prosecuting attorney shall possess the same qualifications as required by law for circuit attorneys; they shall hold their office for the term of four years, and until their successors shall be duly elected and qualified, unless sooner removed from office. (Laws 1869. p. 194. sec. 2: R. S. 1899. p. 2542.) Sec. 105. .\p|Miiiilinetit, powers and pay of provisional jiidne. — In the event of the sickness or absence of the Judge of said court, the circuit court of St. Louis county [city], or any judge thereof, in vacation, may appoint, for the time being, a provisional judge of said court, who shall possess the qualifications of a judge of 'he circuit court; and In the absence, sickness nr otlur Incapacity to ;i'i of ihi- •The nct.i r.'IatinK to Probnt.- CourLs. specially iipiillcahl.- ii> the City <>[ ."it. Loni.-i. poss'-.l In IS9: (.\its IS97. p. x:;; U. .S. IS99. Sec.-i. 624 1. 6H'> anil 621S). were held void In Herifl-rson v». Koenlit. 16S Mo. 3.'.« (See ». c. 192 Mo. 690). Tlierenfter at the se.s»lon ■ a n»*\v act wa-** paitMed, f(i-neral In Its terms, but Inconsistent with the prior lel anil operallUK to .supersede the same. ev<-n If valid. The St. Louis Probate ■< now Koverned l>y that act: Laws 1905. p. 15,i-15T. _ "Aet creatine the Court of Criminal Correction Is not unconstitutional: State vs. Bbert. 40 Mo. H6. Sec note Infra. Sec. 114. 98 STATK LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 3. judge of said court, said provisional judge sliall have all, the power and perform all the duties conferred and imposed by law upon said judge of said court; and if the absence, sickness, or incapacity to act of said judge shall continue, at any time, tor a period exceeding one day, it shall be the duty of the clerk of said court to certify the same to the auditor of St. Louis county [city], who shall deduct, in his next monthly payment, from the salary of said judge the number of days absent, and the amount thereof in proportion to his salary; and during the time said provisional judge shall actually perform the services and duties of said judge, he shall receive tne same salary as said judge, to be paid out of the treasury of said countv [citv] out oi the salary of said judge. (Laws 1S69, p. 195, sec. 4; R. S. 1899, p. 2.542— «.) Sec. 10 6. Removal from office of officers. — The officers named in this act may be removed from office for the same cause and in the same manner as judges of the circuit court, clerks of courts of record and circuit attorneys may by law be removed, and all vacancies in either of said offices shall be filled, and all con- tested and tie elections shall be determined as in cases of circuit judges, clerks of courts of record and circuit attorneys. (Laws 1S69, p. 195, sec. 5; R. S. 1899, p. 2542.) Sec. 107. Cci-tificate of election and commission of .judsc. — Immediately after any election had for judge of said court, the clerk of the county court of St. Louis county [register of the city of St. Louis] shall transmit to the governor of the state a certificate of such election, and the governor shall thereuijon issue a commission to the person so certified to be elected as judge of the St. Louis court of criminal correction. (Laws 1869. p. 195, sec. 6; R. S. 1899, p. 2542.) Sec. 108. Powers of Jndse. — The judge of said court shall be a conservator of the peace within the county [city] of St. Louis; he shall have power to issue writs of habeas corpus and detei-mine the same, administer oaths, take and acknowledge recognizances in all cases within the jurisdiction of said court, and in cases of felony he shall have and may exercise all the powers of an examining magistrate; but all complaints or information and affidavits setting forth the offense in pre- liminary examinations of felony in said court, as well as in cases of misdemeanor, sliall be prepared or approved by said prosecuting or said assistant prosecutin.g attorney, or the person for the time being acting as such, and shall be sworn to before the clerk of said court, and all warrants and processes in such cases shall be issued under the hand of the clerk of said court, with the official seal of said court thereto affixed, and such examinations shall be conducted during the open session of said court. (Laws 1869, p. 195, sec. 7; R. S. 1899, p. 2542— r.) Sec. 109. Salary of .judse and officers. — The judge of said court shall have an annual salary of four thousand dollars; the prosecuting attorney of said court shall have an annual salary of three thousand five hundred dollars; the assistant prosecuting attorney of said court shall have an annual salary of two thousand five hundred dollars, and the clerk of said court shall have an annual salary of two thousand five hundred dollars — said salaries to be paid monthly by the countv [city] of St. Louis. (Laws 1873, p. 198, sec. 8; R. S. 1899, p. 2543.) Sec. 110. Seal. — The clerk shall keep a seal of said court, with such emblems and devices as shall be prescribed by the judge thereof. (Laws 1869, p. 195. sec. 9; R. S. 1899, p. 2543.) Sec. 111. Foes and costs. — In all cases brought before said court in which final judgment shall be rendered, the clerk shall issue execution or fee-bill, as the case may be. and shall therein tax all such fees as are at the time allowed by law, except witness fees, which shall be charged only when claimed in open court, at the rate of fifty cents per day for each day s attendance; such examinations or fee-bills shall be delivered to the marshal [sheriff] of St. Louis county [city], and It shall be the duty of said marshal [sheriff] to forthwith execute and return the same to said court within thirty days from the issue thereof, showing how he executed the same; but such marshal [sheriff] shall receive no fees for any nulla bona or non est. inventus upon any execution, subpoena, attachment, or other process issued out of said court. (Laws 1869. p. 196, sec. 10; R. S. 1899, p. 2543.) Sec. 112. Slatements of fines, penalties and foi fcitiires. — The clerk of said court shall, as often as required by said court, make and certify to the auditor of St. Louis county [city] a detailed statement of all the fines, penalties and forfeitures imposed by said court, and collected by the marshal [sheriff] of St. (k) Spi-oi.-il judge of this court. Sfe State ex rcl. v.s. Wilder. 198 Mo. 166. 173. (;) When this section is taken in connection with other sections, it doe.s not follow that a eontiniianci' granted by the Court of Criminal Correction witliout the knowledge of a surety, operates to release tlie latter: State v.s. Epstein. 1S6 Mo. 144. 147. The .ludKe has no power to release on habeas corpus, one indicted for murder, where either of the <'riminal courts are in session: State ex rel. vs. Murphy. 132 Mo. 3.t2. This court performs thi- dual function of an exjimining magistrate and of a trial court, depending on tlie nature of the cause: State vs. Hoeffner, 44 Mo. App. 543. AltT. 1.1 STATK LAWS SPIICIALLY APl'LUWULIC TO ST. LOUIsJ. gS> Louis county [fity], and said i-lerit shall at the same time make a like statement of fines, penalties and forfeitures, and all costs by him collected, and shall pay the same into the county [city] treasury at the time of making said required state- ment. (Laws 1SC9. p. litG, sec. 11; R. S. 1S99. p. 2r.4:!— ic) Sec. 113. Coiift-rooin lUitl offices — stationei-y — iniir.slinl. — The county court (municipal assembly] of St. Louis county [city] shall provide rooms for said court, and the clerk tliereof. in the court-house of said county [city], or in such other building as said county court [assembly] may contract or provide for the holding of courts, and also a suitable office tor said assistant prosecuting attorney In said court-house, or near thereto, and the said county court [assembly] shall furnish said rooms and said assistant prosecuting attorneys office, with fuel and light, and other things, as may be necessary for the court. The marsliaT [sheriffl of said county [city] shall attend said court of criminal correction, and all sta- tionery actually required for the use of said court, or the officers thereof, shall be furnished by the county [city] of St. Louis. ui)on the application of the clerk of said court. ' (Laws lSt;9. p. ISlfi. sec. \2-, R. S. lS9ii, p. 2.'>43.) Sec. ni. .liii'iMli<'lio!i. — Said court shall have exclusive original jurisdiction of all misdemeanors under the laws of the state committed in St. Louis county [city], the punishment whereof is by fine, or imiu-isonnient in the county jail, or both, or by any forfeiture, except cases of assault and battery, and affray or riotous disturbance of the peace, which [are] cognizable by justice of the peace, and isr relation to which the jurisdiction of said court shall be concurrent with them; aind' the said court shall have concurrent jurisdiction with the police court of the- city of St. Louis of all offenses which may be declared to be misdemeanors under any law of the state, and which may also be a violation of any ordinance of the cfty of St. I..ouls: ProvMed. that any action pending or which has been decided in either of said courts may be i)leaded in bar or in abatement, as the case may be, to a. prosecution in the other of said courts for the same offense, with the like effect as; if said prosecution were pending in the same court, or had been decided in the same court: Provided, that this act shall not be so construed as to give to said police court jurisdiction of any prosecution for a misdemeanor instituted in the name of the state of Missouri. It shall be the duty of the chief of police of said' rity to report within twenty-four hours after arrest by the police, to the assistant prosecuting attorney of said court of criminal correction, the names of all persons charged with misdemeanors under the laws of this state, together with the prosecuting witnesses, and the names and residences of all other material wit- nesses in such case, which report shall be received by said assistant prosecuting attorney, and he shall thereu|)on proceed to institute such prosecution as rotfufred by law; any willful failure on the part of said chief of police, or other officer whose duty it shall be to act in the premises, to comply with the provisions of this section, shall be deemed a misdemeanor, whereof the ])arty offending may be instituted [indicted] and punished by a fine of not less than ten nor more than one hundred dollars, any law of this state or any ordinance of the city of St. Louis to the contrary notwithstanding. (Laws 1869, p. 196, sec. 13; R. S. 1S99. p. 2544— X.) Sec. ll.'i. .\ppelIato .jurisdiction.— In addition to the other powers conferred by this act on the court of criminal correction, said court shall have and exercise appellate Jurisdiction in all cases of a criminal nature api)ealed from Justices of the peace in the county [city] of St. Louis, and all such appeals shall be to said court of criminal correction, in the same manner and form as in such cases as heretofore appealed to the St. Louis criminal court. (Laws 1869, p. 197. sec II; R. S. 1899. p. 2543.) i») Thi- court has no authority to ri'i|Ulri' iht- sh,riii to imy Into court money collrrted on flni'S iitid forfi'ltuics which jro Into tlu- school l)onr(l funds; it can only order a .sottlrniont and have the amount found dui- transniitti-d to the school board: In re Stnrd. 116 Mo. 537. (r) Thf St. Ix>uls Court of Criminal Correction Is of statutory oriiicln: and while for some purposes It Is denominated a court of record, it is not one procepdlniy aocord- Imk tn the course of the eomuion law. Is of limited and special Jurisdiction and does not txni.ss any Jurisdiction not expressly conferred on It: State vs. Anderson. 191 Mo. 1.14; Kx Parte tVBrlen. 127 Mo. 477; State ex rel. vs. Murphy. 132 Mo. 382. 3S4; St. Louis vs. Saltz. 160 Mo. 74. T6. A sentence to Jail Instead of the work house la not for that reason void: State vs. BouKher. 7 Mo. App. S7.1 (memo.) As to imprisonment In the House of Correction. In- stead of work house, of minors under certain aRe. see In re I.j»rko»'skl. 94 Mo. App. 623. As to place Hnd lenfitth of Imprisonment, see not*' to sec. 133 l>elow. ■ "f Crinilniil Correction has Jurisdiction over misdemeanors punishable by !'":■ n Jal! i^r tine or both, and thr* Circuit Court over such misdemeanors as 1' by Imprisonment In the penitentiary: State ex rel. vs. Foster. 1S7 Mo. Tl..- Court of Criminal Correction had exclusive original Jurisdiction of all I'lors at the time of Its establisbment In 1S66. in the then county of St. I^oul.s. ■ 'nly in the City of St. Louis. 19,>; Mo. 166. 172. This court Is a criminal court within the meaninK of the statutes: State ex rel. vs. Wilder. !9,S Mo. 166. 171 and cases cited. RiKht to naturalize aliens: 39 Ted. 49. 100 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5. See. lie. Sessions — continuanoes. — Said court of criminal correction shall be in session each and every day in the week, except Sunday, and state and national holidays, and the proceedings therein shall be conducted in a summary manner, and no continuance shall be granted to the defendant in any case for a period longer than one day, except upon the affidavit of the defendant: Provided. the court may and is hereby empowered to establish such rules and regulations in relation to continuances as shall be just and proper to prevent delay and pro- crastination. (Laws 1S69, p. 197, sec. 15; R. S. 1899, p. 2543—1/.) Sec. 117. Practice and proceedings. — The proceedings of said court shall be governed by the laws regulating proceedings and practice in criminal cases, so far as the same may be applicable, and no written pleadings shall be required of the defendant in any case. (Laws 1SG9, p. 197, sec. IG; R. S. 1899, p. 2543—^.) Sec. 118. Itecognizances and forfeitures. — Said court shall have power to take recognizances in all cases within its jurisdiction, to declare forfeitures of the same, and award executions upon such forfeitures, in like manner and with the same legal effect as the St. Louis criminal court is authorized to do. (Laws 1S69, p. 197, sec. 17: R. S. 1899. p. 2544—0.) Sec. 119. Duties of the prosecuting attorney. — The prosecuting attorney of said court shall attend to and prosecute all suits brought therein, and it shall be his duty to appear for the state in all cases appealed from said court to the supreme court [St. Louis court of appeals] of this state: it shall be the duty of said assistant prosecuting attorney to attend, at his office, on each secular day of the week, for the purpose of preparing all complaints, affidavits, informations and pleas required by law to be lodged in said court. (Laws 1S69, p. 197, sec. 18; R. S. 1899. p. 2545.) Sec. 120. Prosecutions to be by information — proceedings. — Xo indictment shall hereafter be found for any misdemeanor under the laws of this state, com- mitted in the county [city] of St. Louis, the punishment whereof is by fine or imprisonment in the county jail, or both, or by any forfeiture; but the same shall be presented to the court of criminal correction by information. .\n information in any such case may be lodged by the prosecuting attorney for said court, or by said assistant prosecuting attorney, or by any other person: if lodged by said prosecuting attorney, it need not be under oath: if lodged by any other person, he shall swear to the same to the effect that he believes it to be true; it made without oath, the process issued thereon shall be a summons requiring the party to appear and answer forthwith, or at a future day to be named therein: if there be a default of the appearance of any party so summoned, the court shall proceed to hear the evidence, and to render such judgment as may be authorized by law and required by the nature of the case; it the information be under oath, a warrant shall issue for the apprehension of the party charged with the offense. (Laws 1869, p. 197, sec. 19; R. S. 1899, p. 2545—6.) (>) Since the court is required to be in session every day. it has no terms: St. Louis vs. Saitz. 160 Mo. 74. The above section confers on the court additional powers respecting continuances to tliose conferred on magistrates by sec. 244S R. S. 1899; lience a continuance for more than i:en days witliout consent of a surety on the defendant's bond, does not release tlie surety: State vs. Epstein. 1S6 Mo. 144. z) The provision of tlie statute providing for a change of venue to another justice in preliminary examinations for felonies, because of disqualification of the justice of the peace, applies to preliniinary examinations in the court of criminal correction, so that after such proceeding the judge has no jurisdiction: but the sections providing for election of special judge by reason of the incompetency and disqualification of the judge of a criminal court, does not apply to the court of criminal correction in case of felony examinations, but do apply to cases of misdemeanors: Ex Parte Bedard. 106 Mo. 616: see also State ex rel. vs. Wilder, 198 Mo. 166. 171. (a) It is held in State vs. Hoeffner. 44 Mo. App. 543. that the court of criminal correction exercises the dual function of an examining magistrate and of a trial court. In every case which it has jurisdiction to try. it may take the recognizance of the accused for his appearance and declare a forfeiture thereon, and award execution, in like manner as the criminal court; im felony cases, it can act as examining magistrate only, take such recognizance, and if the accused fails to appear enter default, but there- upon it must certify the recognizance with the record of default to the criminal court. See to same effect. State vs. Hoeffner. 63 Mo. App. 409. id) This section is upheld as constitutional in State vs. Ebert, 40 Mo. 186. The provision that information made by a private person will be sufficiently verified if he swear "that he believes it to be true." was repealed by act of April 12, 1877: State vs. Bennett. 102 Mo. 356, 370. As to sufficiency of affidavit in information, and who may make same, see lb: also State vs. Speritus. 191 Mo. 24. 38: State vs. Luman. 66 Mo. App. 472: Ex Parte Thomas. 10 Mo. App. 24: State vs. .Armstrong. 106 Mo. 395: State vs. Fitz- porter, 17 Mo. App. 271 (this case also holding that the person signing as "acting prosecuting attorney" is presumed to be such in fact); State vs. Kaub, 19 Mo. App. 149. The functions of .\ssistant Prosecuting Attorney of the St. Louis Court of Criminal Cor- rection were not abolished by act of April 12, 1877, and the incorporation thereof into the Revised Statutes, and as the duty of preparing informations is specially committed to him. the affidavit forming the basis of the inform.ation is properly lodged with him: State vs. Daly. 49 Mo. App. 184. As to whether ,an offense is a misdemeanor or felony, determining whether same be tried in the Court of Criminal Correction or the Circuit Court, see (referring to the above section 19) State ex rel. vs. Foster, 1S7 Mo. 590, 601, 609. ART. 4.1 ST.VTK LAWS SPKCIALLY APPLICABD15 TO .ST. iOUIS. ■ 101 Sec. 1-1. .Slalulcs of Ji'dtiiils. — The statutes of jeofails, as applicable to criminal proceedings and pleadings, shall appl.v to all informations lodged in said court, and the court shall have power to permit any amendments of information, process or proceedings in furtherance of the ends of justice at any time before the determination of the suit. ( l,a\vs 1869, p. 197, sec. 20; U. S. 1899, p. 2545.) Sec. 122. I'l'ori'etliiigs when felon.v app<'«rs — same in criminal court, as to iiiisclenieHiiors. — if. in the course of any jjroceeding in said court, by iiiforuiation or otherwise, it shall appear that the defendant has been guilty of felony, the court shall dismiss as to the lesser offense, and proceed to examine the matter and commit or Ijail the defendant to answer an indictment in the St. Louis criminal court; and if, upon the trial of a party charged with felony in the St. Louis criminal court, it should appear that the defendant is guilty of misdemeanor only, the case shall not therefore be dismissed, but shall be proceeded on to judgment In said criminal court, to the same effect as if the defendant had been tried for misdemeanor in the court of criminal correction. (Laws 1869, p. 198. sec. 21; R. S. 1899, p. 2545.) Sec. 123. ('onviclion.>i for less olVeiise. — Under an information for petit larceny the defendant may be convicted of embezzlement, if the amount be under ten dollars, or such sum as would not constitute grand larceny, and in like manner a defendant charged with embezzlement may be convicted of petit larceny. (Laws 1869, p. 198, sec. 22; R. S. 1899, p. 2545.) Sec. 124. Jurors. — The jury commissioner of St. Louis county [city], when required, shall furnish said court with jurors, as in other courts. (Laws 1809, p. 198, sec. 23; R. S. 1899. p. 2545.) See. 125. Insolvent law not ap|>licalile, when. — No i)erson convicted in said court, or in the St. Louis criminal court, as hereinbefore provided, of a mis- demeanor under the laws of this state, and sentenced to the i)ayment of a fine and the costs therein accrued, shall be allowed to avail himself (or herself) of the provisions of any act for the relief of insolvent debtors. (Laws 1869, p. 198, sec. 24; R. S. 1899. p. 2545— c.) Sec. 126. Lien of judgments and evecutions. — The judgments rendered by said court of criminal correction shall be and constitute a lien upon the real estate of a party convicted therein, and all e.xecutions issued shall be a lien upon the personal property of any defendant convicted in said court from the date of issue thereof. (Laws 1869. p. 198, sec. 25; R. S. 1899. p. 2546.) Sec. 127. .Appeals and writs of error. — An appeal shall be allowed the defendant from any final judgment of said court to the supreme court [St. Louis court of appeals], if applied for within ten days after the rendition of such judg- ment, but not otherwise. The manner of taking such appeals shall be the same, as near as may be, as is prescribed by law for [taking] appeals from circuit courts in criminal cases. Writs of error shall be allowed upon any final judgment of said court, and may be i)rosecuted and issued from the su|)reme court [St. Louis court of appeals], in like manner and with similar effect as writs of error to the St. Louis criminal [circuit] court. (Laws 1869, p. 198, sec. 26; R. S. 1899, p. 2.54t;— rf.) Sec. 128. Power over offlcers collecting lines. — Said court shall have power and is hereby required to see that all officers in the county [city] of St. Louis, charged with the collection of fines, jienalties and forfeitures, for misdemeanors under any law of this state, pay the same into the county [city] treasury as required by law, and for that purpose, said court shall have power to cite and compel every such officer, at least once in every three months, and oftener if need be, to make a written report, under oath, of all such fines, penalties and forfeitures collected by him: and if any such officer shall fail to make such report when cited, or to pay over the amount collected by him as required by law, then said court may compel him thereto, by attachment of his body. (Laws 1869, p. 19S. sec. 27: R. S. isno, p. 2r.in.) See In re I.' v • .'7 et seq. dl-icussingr the bearing of tlil.i and oth>>r provision.-. (li) Tile lourt of crlnilnnl correction, being; of limited Jurisdiction, possesses only «iii-h txiwers as are conferred upon It by statute, which with respect to Die time of "• ' ■ ind MIInK n bill of exeeptlon.i Is nt the time or during; the term of the court ' " they are taken or within such time thereafter as the court may hy an oriler •'( record allow. If the hill is not tiled nt Hie lime and as there are no terms In the absence of an order of court entered of recorrl extending the time for ; n bill of ••xceptlons will be dlsreKnrded by the appellate court: .St. lyMils vs. >' ' ■ ■ ^' • 74. '6. .Ml appeals, from any decision, must be taken within three ilays 1 bills of exetptlon shouM be signed and filed before the appeal Is taken. \\ eons»'nt that time be granted to Hie bills of exceptions and take appeals, ' 1 ■ -iioiild be ■•nteri'd of rerord: State ex rel. v.«. .liidKe .St. L Ct. Prim. Cot.. '■ M ■ 'S. .\ writ of error may he prusfcuted by the Stale to review a Jiul>CTn»'nl of ' ■ >' I.- Ct. Critn. Cor. (|iiashlnK an Information as based on an iinconstllullonal law: .si.it.- IS. BnrKdoerfer. 107 Mo. 1. A defi-ndnnt may appeal to review a Jud(?ment based on violation of a city ordinance, betnfc a civil action, but the city must proceed by writ of error: St. Louis v,s. Marchel. 99 Mo. 475. 102 PTATTt: LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5. Sec. 129. Li.sts of otficeis, how furnished. — The clerk of the county court '[register] of St. Louis county [city], shall, from time to time, as changes may occur, furnish to said court the names of all the officers contemplated by the next preceding section. (Laws 1S69, p. 19,S, sec. 28; R. S. 1S99, p. 2.540.) Sec. 13 0. Supervision over property found on person of olfenders. — The said court shall exercise a careful supervision over all officers connerted therewith in relation to money or other property found on the persons of offenders, and taken from them, and "shall see that the same is properly preserved; that the rights of offenders or other parties in relation thereto are protected and enforced, and that all laws applicable to such cases are duly executed; and it shall have power to enforce all its orders in relation to such matters by attachment of the body. ( Laws 1869. p. 198, sec. 29; R. S. 1S99. p. 2546.) Sec. 131. Prosecutor liable for costs, when. — In all cases of misdemeanor under any law of this state, when the information is lodged by a person other than the prosecuting attorney, or assistant prosecuting attorney, or any state or county officer in the discharge of his official duty, the person swearing to such informa- tion shall be liable for all costs accruing in the case, it the defendant be acquitted. and judgment shall be rendered and execution issued therefor against him. (Laws 1869, p. 199, sec. 30; R. S. 1899, p. 2546.) Sec. 132. Power of court to reduce punishment. — Said court shall have power, in all cases of conviction, to reduce the extent and duration of the punish- ment assessed by a jury, if in its opinion the conviction is iiroper, but the punish- ment assessed is greater than under the circumstances of the case ought to be inflicted. (Laws 1S69, p. 199, sec. 31; R. S. 1899, p. 2546.) Sec. 13 3. ,S«'ntence and phjce of imprisonment. — Whenever the punishment of any misdemeanor is partly or wholly by imprisonment in the county jail, the party convicted in said court shall, instead of being sentenced to imprisonment in said jail, be sentenced to imprisonment in the work-house of the city of St. Louis, or such other place of imprisonment as the county [city] of St. Louis may provide for that purpose, and be there kept at hard labor during the period of imprison- ment to which such party may be sentenced; but no sentence shall be for a longer period than six months, for any cause; nor shall any person be detained for a greater period bv reason of his or her failure to pay any fine or costs that may be imposed by said court. (Laws 1SG9. p. 199, sec. 32; R. S. 1899, p. 254G— e.) Sec. 13 4. — Sentence includes hard labor — rules. — Every person committed to the work-house, or other place of pnnishmeut provided by said county [city], by said court of criminal correction, shall be luit to hard labor, at such work as his or her strength and health will permit, whether within or without such place of imprisonment, and shall be under the control and management of those having charge of such prison, subject to such rules and regulations as the county court or city council [municipal assembly] of St. Louis city may establish for such prisons, and if the said party committed is unable to pay the fine and costs, if such be the punishment for the offense, in whole or in part, in payment of such fine and costs, the party committed shall be allowed for his or her work at the rate of fifty cents per day, nor shall an imprisonment for non-payment of fine and costs exceed the period of six months. (Laws 1869, p. 199. sec. 33; R. S. 1S99, p. 2oi7—f.) Sec. 135. — Payment of tine after commitment. — Any person, after being com- mitted to the work-house or other place of imprisonment provided by the county [city] of St. Louis, for non-payment of his or her fine and costs, desiring to pay the same, shall make application to the judge of said court of criminal correction, who shall in open court order the fine and all costs of such person to be paid to the /lerk of said court, whose duty it shall be to receive the same, enter satisfaction on the execution in his execution book, and give notice in writing, under the seal of said court, to the superintendent or person having charge and control of said (f) This section Is valid in so far as it fixes the place of imprisonment, and void In so tar as it fixes a different punisliment from the general law: Ex Parte Thomas. 10 Mo. App. 24, following Jilz Case. 3 Mo. App. 243; see also In i-e Jilz. 64 Mo. 243. 246. In State vs. Biu-liardt. 144 Mo. 83 also, tliis section in so far as inllictins: a different pun- ishment for petit larceny than tlie general State law, is held unoonsfitiitional, but the conviction (for one year) was sustained because of another statute allowing- at the courts' discretion, sentence to tlie workliouse instead of county jail, and the sentence hero was for the same period. See also In re Lorkowski. 94 Mo. App. (!23, holding that a prisoniT is entitled to allowance in working out his fine under the State law at a dollar a day instead of as provided in the section succeeding this one. following the cases al>ove cited. As to imprisonment in work house or jail, see also note ante to sec. 114. See also ordinances and notes thereto appended respecting work house in Rev. C. Ch. 21, Art. 4 (sees. 1742 et seq.) and note to R. C sec. 1265. (/) This section fixing the allowance at fifty cents per day is in conflict with sections 2384 and 1793 of the R. S. 1S9!1. allowing one dollar per day to the prisoner, and the latter. p.assed at a subsequent date, operates to repeal the former: In re Lor- kowski. '.14 Mo. .\pp. 623. 629. also discussin.g the provisions relating to commitment to House of Refuge instead of workhouse and holding them partly void. In a concurring opinion .ludgo Goode holds the law of commitment to House of Refuge void altogether AItT 2] STATK LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 103 .vork-hoiise, that the execution against such person has been fully satisfied, where- upon such person shall ininiediately be discharged from said work-houso or place of punishment. (Laws IStJ't, p. 199. sec. 34; R. S. 1S99, p. 2r.47.) Sec. loB. I'liicc of impi'iNonincnt, how provided. — The county court of Sc. Louis county shall have powor Id coiilract with ttif city of St. Louis for the use of Iho city work-housi' for Ihc piirposo of conlining and putting to labor therein the ju-rsons convicted in said court, or said couniy court may provide a suitable place other than the said work-house, as a prison for such persons, and in that event, then such persons shall be sentenced to confinement in such prison as the county may have provided. (Laws 1S69. p. 199, sec. 35; R. S. 1899, p. 2547.) Sec. 13 7. .AiiiM-als from police court. — Hereafter all ajjpeals from the police court or the police judges of the city of Si. Louis [in the couniy of St. Louis], shall be made to, and tried and determined by, the St. Louis Court of Criminal Correc- tion, ill the same manner as provided by law in regard to other cases of appeal to said court. (Laws 1S7:'.. p. :!5S. sec. 1: R. S. IS99, p. 2547— r/.) Sec. 13S. Co.st.s in criminal ca.ses. — All the provisions of the act concerning costs in criminal cases shall be held to apply to the St. Louis court of criminal correction, and the duties devolved by said act upon the officers therein named are hereby devolved upon the officers of said court, respectively, with reference to all cases brought in said court, and such costs shall be paid as in said act jirovided. and the fee-bills in all cases shall be taxed and certified on the first .Monday of every month, or as soon thereafter as the business of said court will i)ermit. (Laws ISSl. p. 1(17; R. S. 1S99, p. 2547. sec. 37— A.) Sec. 139. Kee-bill, how made and certiHed. — Immediately ujjon tho passage of this act. the clerk of said court shall tax fees in all cases as iirovided by law. and make out fee-bills for the same, which said fee-bills shall be delivered to the judge and prosecuting attorney of said court, and examined by them. If said Judge and prosecuting attorney find the said fee-bills to be correct, they shall certify the same for allowance and payment to the state or city auditor, as the case may be. and said fee-bills shall be audited and paid as other costs in criminal cases. (Laws ISSl, p. 107: R. S. 1!S99. p. 2547.) ARTICLE IVa. COt'RT OF OKNEKAL SESSIONS.* Sec. 139a. t'oiirt of i-ecord established, name. — There Is hereby established In the city of St. Louis a court which shall be called and known as the St. Louis Court of General Sessions. Said court shall be a court of record, with criminal jurisdiction, as hereinafter i)rovided, and it shall possess generally the ])owers, lierform the duties, and be subject to the restrictions of a court of record according 'o the laws of this state. (Laws 1907. \i. 212. sec. 1.) Sec. 1391). Klection und (lualilicalion of judije, appointment. — At the gen- eral election in November. 190S. and every four years thereafter, there shall be elected by the qualified voters of the city of St. Louis a judge of said court, who shall possess all the qualifications of a judge of the circuit court and shall hold his office for the term of four years from and after the first Monday in January next succeeding his election and until his successor shall be duly elected and qualified: unless sooner removed from office under the general provisions of the law for the removal of judges from office. Upon the going into effect of this act, the governor shall apiioint a judge of said court, who shall serve as such judge until the first .Monday in .lanuary, 1909, or until the duly elected judge of said 'ourt shall be qualified. (lb., p. 213. sec. 2.) Sec. 13 9c. .\|ipoinlment, p Ap|><-i>l!i from til.' Polio." Court to thf Court of Criminal Correction under this otion nrp to he taken n.s appeals fr€>m convictions bofor.- Jiistlcoa of the peace ol.ip- ■.\ ;.. t- i„ II,. -;.,,te: the afflilnvlt for appeal should he nieil the same ay the same into the city treasury at the time of making said required statement, less the amount allowed to be retained by him, U provided in section five of this act. (lb., p. 2Ifi. sec. 17.) Sec. l.lSr. Sn|M-rvi.>;i<>n over oflieers und propi-rty. — Said court shall exercise a careful supervision over all officers connected therewith in relation to money or other property found on the persons of alleged offenders and taken from them, and -hall see that the same Is properly preserved: that the rights of offenders or •'her parties in relation thereto are protected and enforced, and that all laws ippllcable to such cases are duly executed, and it shall have power to enforce all •-s orders in relation to such matters by attachment of the body. (lb., sec. IS.) Sec. I39s. Koonis for court and ofrtcers. — The municipal assembly of the ity of St. Louis shall provide rooms for said court and for the clerk thereof, la one of the courthouses of said city, or in such other building as said assembly may contract or provide for the holding of courts, and also suitable offices con- 106 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5. tiguous thereto for the circuit attorney and his assistants prosecuting causes in said court, and the said assembly shall furnish said rooms and offices with fuel and light and other things as may be necessary for the court. All stationery actually required for the use of said court, or the officers thereof, shall be furnished by the city of St. Louis upon the application of the clerk of said court, (lb., sec. 19.) Sec. 13 9t. Stenographer of the court. — The judge of said court shall appoint a stenographer of said court, who shall liold his office from month to month, during the pleasure of said court, who shall receive a monthly salary of $1.">0.00, to be paid out of the treasury of the city of St. Louis as other court stenographers in said city. He shall take oath to faithfully discharge the duties of reporter of said court: he shall attend the daily sessions of said court and take accurate shorthand notes of the evidence in cases in said court, and shall furnish transcripts of his said notes, or any part thereof, in legible English, for the use of the circuit attorney, when so directed by the judge of the court or requested by the circuit attorney. In the absence of said stenographer, the judge may appoint a temporary stenographer, who shall ])erform the duties and receive the sama compensation per diem as the regular stenographer. (lb., sec. 20.) Sec. 139u. Janitor of said court. — The judge of said court may appoint a suitable person janitor of said court, by order entered of record, who shall discharge the duties required of such janitor in and about the rooms of said court, as provided by law for janitors of circuit courts, and who shall receive a salary not to exceed $720.00 per annum, payable in monthly installments out of the treasury of the city of St. Louis, in the same manner as the salaries of the janitors of the circuit court in said city are now paid. (lb., sec. 21.) Sec. 13 9v. tiniit of criminal correction no .jurisdiction. — Upon the taking effect of the act no information for felony shall be lodged in the St. Louis court of criminal correction, and the judge of said court of criminal correction shall not further exercise the powers or jurisdiction of an examining magistrate in charges of felony, except that all informations and prosecutions for felony then pending and undetermined in said court of criminal correction shall be proceeded with in said court to final determination by the judge of said court, with the same force and effect as if this act were not passed, and in all such cases the same proceedings shall be had and all costs and fees taxed and certified in said court of criminal correction as heretofore. (lb., p. 217, sec. 22.) Sec. 13 9w. Knierfjency. — The large increase of criminal business in the city of St. Louis, and the heavy burden imposed thereby upon the St. Louis court of criminal correction, causing expensive delays in the administration of justice in criminal proseciitions. create an emergency within the meaning of the constitu- tion; therefore this act shall take effect and be in force from and after its passage, lb., sec. 23.) ARTICLE V. --._ JfRIES. Sec. 140. Commissioner, Iiow appointed. — In every city in the state of Mis- souri having over one hundred thousand inhabitants, it shall be the duty of the judge or judges of the court or courts having general jurisdiction of civil causes within such city, together with the judge or judges of the court having jurisdiction within such city in cases of felony, or a majority of all such judges, to appoint, within thirt.v days after the passage of this act, and at such other times as herein- after authorized, a suitable person who shall, for at least five years next preceding his appointment, have been a resident of such city, to be jury commissioner for said city. (Laws 1.S79. p. 2S. sec. 1; R. S. 1S99, sec. 6539— i.) Sec. 141. Qualiiications of coinniissioner. — No person shall be appointed to or hold said office of jury commissioner while holding any office or employment provided for or authorized by the charter of said city, nor while holding any other office of profit under the laws of this state. (Laws 1S79, p. 2S, sec. 2; R. S. 1S99, sec. 6.t40.) Sec. 14 2. .\ppointnient to bo entered of record — tenure. — Such appointment shall be made in handwriting, and signed by the judges making the same. A copy thereof shall be forthwith entered of record in each of the courts mentioned in sec- tion one of this act, and a certificate of such record appended to said original by the clerk, and under the seal of each of said courts: and thereupon the said original shall be delivered by the clerk last certifying such record thereof to the register of said city, by whom the said original shall be filed and preserved in his office, as other official papers in his custody. The person so ajipointed shall hold said office for the term of four years from and after the first day of May in the year of his ( ) As to ordinance on jury commissioner, see R. C. sec. 1334. AltT. 5.1 ST ATI-: LAWS SPKCIALLV A IM'I.IC A l!LK TO ST. l.Ol'IS. 107 appoiiitiiieiit, unless he shall sooner cense to reside in siiili city, or become other- wise disiiualified or removed from office. A majority of the judges, for the time beitiK. of the courts mentioned In section one of this act. shall have power, at any time, to remove such jury commissioner from his said office for any cause by them deemed sufficient, by a writing under their hands, declaring the fact of such removal: Provided, that a copy of such writing shall be forthwith entered of record in each of said courts by order thereof, respectively, and the original thereof being certified as aoove provided, in respect of the original aiipointment, shall, in like manner, be tiled with and preserved by the register of such city: and from the time of such filing thereof it shall be unlawful for the person so removed to exercise any duty, or function of said office. In case of any vacancy occurring in said office of Jury commissioner, during the term for which any person was appointed thereto. or by expiration of such term, it shall be the duty of the judges for the time being of the courts mentioned in the first section of this act. or a majority of Iheni, with- out delay, to fill such vacancy by appointment of some person possessing the proper qualifications hereunder, in like manner as hereinbefore provided. (Laws 1S79, I>. 28, sec. 3: R. S. 1899. sec. 65-11.) Sec. 143. Oath of coiiiniissioner. — Before entering upon the duties of his office, the person so appointed jury commissioner shall take and subscribe, before the register of said city, an oath faithfully and impartially to discharge the duties thereof, which affidavit shall be filed and preserved with his said appointment In the said register's office. (Laws 1S79. p. 29. sec. 4: R. S. 1899, sec. 6542.) Sec. 14 4. Salary. — Said jury commissioner shall receive a salary of twenty- five hundred dollars per annum, payable in equal monthly installments, at the end of each month, by the treasurer of said city, out of any moneys ai)propriated there- for by the municipal assembly, upon warrants drawn and countersigned by the proper officers of said city, pursuant to the charter thereof. It shall be the duty of the municipal assembly to appropriate the money necessary for the payment of such salary, as other salaries of city officers are |)rovided for. The mnnicipal assembly of said city shall also, from time to time, i)rovide said jury commissioner with suitable accommodations, and with the necessary fuel, stationery, books and furniture for the i)roper discharge of his duties. (Laws 1879, p. 29. sec. 5: R. S. 1899, sec. Co 4:?.) Sec. 14."). Deputies. — Said jury commissioner shall from time to time, when necessary for the discharge of the duties of said office, appoint, in writing, one or more deputies, whose appointment, respectively, shall be first submitted to and approved, in writing, by the said judges, or a majority of them. Before any such appointment shall take effect, a copy thereof shall be entered of record in each of said courts, and a certificate of said record appended to the original, and said original filed with and preserved by the register, in like manner as above |)rovided concerning the appointment of such jury commissioner. Said judges, or a majority of them, or said commissioner, may. at pleasure, remove any deputy so uppolnted, by a writing signed by them or him. declaring such removal, which shall also be forthwith recorded and filed in like manner as provided in section 3 hereof, concerning the removal of the jury commissioner. Said judges shall not approve the appointment of a greater number of deputies than they shall be satisfied is necessary for the faithful performance of the duties of said office, and shall, at any time, remove any deputy previously appointed, whose continuance as such shall not. in the judgment of a majority of them, be necessary therefor. Every such deputy, before entering upon his duties as such, shall take and subscribe before and file with said register, an oath that he will faithfully and imi>artially discharge his duties under this act. It shall be the duty of every such deputy to obey the lawful orders of the said jury commissioner in all matters pertaining to the proper execution of the duties of said office, and diligently to assist in fulfilling the same. The said jury commissioner shall, in writing, by and with the approval of the said judges or a majority of them, designate one of said deputies to act as principal deiiuty jury commissioner, and said principal deputy shall be vested with all the powers and duties of the jury commissioner during the necessary absence, sickness or other disability, of said jury commissioner. (Act March 23, 1891, Sess. taws 1891, p. 171: R. S. 1899, sec. 6544.) Sec. 146. I'ny of deputies. — Each of said deputies shall receive for hiS services a salary at the rate of not exceeding five dollars per day, for every day during which he shall be actually employed In performing his duties as such. The amount of such salary shall be fixed by the jury commissioner in each case, and such salary shall be i)rovided for and i)aid monthly, in like manner as above i)ro- Tlded for the payment of the salary of such jury commissiriner. But said auditor shall not audit or certify any claim for a salary in favor of any such dei)uty. except upon the certificate of the jury commissioner that the services for which such claim Is made were In fact rendered by such deputy, pursuant to the orders of the jury commissioner, and were necessary for the i)roper discharge of the duties of said office. (Laws 1S79, p. 30. sec. 7: R. S. 1899, sec. 6545.) 108 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP, 5. Sec. 14 7. Duties of coniinissioiuT. — Said jury commissioner shall, between the first day of May and the first day of September, in the year 1879, and during the like period in every second year thereafter, in person or by deputies, visit every house within the limits of the city for which he is appointed jury commis- sioner, and shall, so far as practicable, ascertain by personal inquiry and all other lawful means within his reach, and shall take down the name, occupation and place of residence of every person residing in said city (except as herein otherwise pro- vided), who is qualified for and subject to the performance of jury duties, noting, wherever practicable, the number of the house and name of the street in which such i)erson resides or does business. And every male citizen of this state, resident in such city, sober and intelligent, of good reputation, over twenty-one years of age, and not exempt from jury duty by the general laws of this state, or otherwise disqualified or excused as provided in this act, shall be deemed to be qualified for and subject to the performance of jury duty under the provisions hereof. (Laws 1879, p. 30, sec. 8; R. S. 1899. sec. 6546.) Sec. 148. Who e.vt'iiipt from jury duty. — The name of no person shall be taken down who shall, when called on by said commissioner or his deputy, establish to the satisfaction of such commissioner or deputy, by competent proof and upon diligent inquiry made by said officer, a legal exemption from jury duty as a member of any military or fire company or otherwise; or who is not sufficiently acquainted with the English language to read and write the same, and to understand clearly the proceedings ordinarily had in courts of justice; or who is actually exercising the functions of a clergyman, practitioner of medicine, druggist or apothecary, attorney at law, ferry keeper, or person in actual charge of any mill, or of professor or other teacher in any school or institution of learning, or who is over the age of sixty-five years, or who is actually and regularly employed in the navigation of the Mississippi river or its tributaries, or who is in the employment of any railroad company, or who holds any office of profit or employment created by or authorized under the laws of the United States, or of the state of Missouri, or the ordinances of the city within which such jury commissioner is appointed. Nor shall the said commissioner or his deputies take down the name of any person of ill-tame, or of drunken or disorderly habits, or any person who shall be found loitering about without visible means of support, and without applying himself to an.v honest calling for a livelihood, or who is a vagrant within the meaning of the laws of this state or ordinances of said city touching vagrants. And it shall be the duty of said jury commissioner and each of his deputies diligently to inquire and inform him- self, by all lawful means, in respect of the qualifications of every person resident in said city who may be liable under the provisions of this act, and the laws of this state, to be summoned for jury duty. But nothing contained in this act shall be construed to compel any person to serve upon any jury who is exempt from such service by reason of any general law of this state. And it shall be the duty of every court of record in said city to excuse from service as a juror every person who, being examined on the voir dire, shall appear to the court to be a person whose name ought not to have been placed upon the jury list under the provisions of this act, or who has served on any jury in any court of this state within twelve months next preceding, it challenged for that cause, by either party of the suit; and the court may excuse such person without challenge by either jiarty. (Laws 1879, p. 30, sec. 9; R. S. 1899, sec. 6.547—/.) Sec. 14 9. Questions to be answered under oath. — The said commissioner, or any of his deputies, may, at any and all times within reasonable hours, require any person to answer, under oath, to be administered by such commissioner or his deputy, all such questions as lie may address to such person, touching his name, age, residence, occupation and qualifications as a juror, with a view to the due and faithful enforcement of this act and also all questions as to similar matters touch- ing all persons in his employment or forming a part of his household. Such ques- tions, or any of them, may be put in writing, and the party may be required to answer them in writing, and to sign his name to his answers. Whoever shall refuse to be sworn, when required by the commissioner or any of his deputies, or when sworn shall refuse to answer pertinently, and in writing if required, all such questions addressed to him, and to sign his name to such answers when thereto required by such commissioner or dejiuty, may be summarily arrested, and taken by such commissioner or deputy before some one of said judges, who. upon being satisfied of such refusal, may summarily commit the jierson so refusing to jail, there to remain until he shall be sworn and answer the questions so put to him. .A.nd whoever shall willfully and corruptly make and swear to any false answers to any questions put to him bv the said iury commissiotier or any of his deputies, under and in pursuance of this act, shall be deemed guilty of a misdemeanor, and, upon conviction, be punished by imprisonment in the jail of such city for not less O"! Thp (lisqua'ifioation of nor.sons who cannot read and writp EnglisL, is consti- tiitinnal- Stat" v>; "?\"f1=or 11" Mo. ^~n. nont'ct not py'>"Titi"1 : Bfnto pn vol. vs. FishPr. 119 Mo 34J- Firi< Wnrilpns: Tn rp PowpII. ". Mo. ,\pp. 220, ,<3prviii£r on jiirv morp than nnrp in twelve months: William.son vs. Transit Co. 100 S. W. 1072 (Sup. Ct. March 19, inOT). .\i;r i I STATR LAWS SPICCIAI-LY APPLICABLK TO ST. LOCIS. 109 than three nor more than twelve months, or by fine not less than five hundred dollars, or by both fine and iinprlsoninent. Said conuuissioner and each of his deputies may administer any oath authorized by this act. ( I.aws 1S79, p. ;! 1 , sec. 10: R. S. 1899. sec. G54S.) Sec. 150. Jury lists, how made up. — As soon as practicable after the first day of September, 1S79. and at the like period in every second year thereafter, the said commissioner shall enter or cause to be entered in alphabetical order, in the book ne.\t hereinafter mentioned, tlie name, residence and occupation of each person residing in said city and liable to jury duty under this act. obtained by him under the foregoiuK provisions. Such book shall be prepared with suitable rulings and headinKs. and kept by him as a register of jurors for the two years next after the last day of September in the year when it is made up. A new book or register of jurors shall be i)repared and made up immediately after each biennial enumera- tion above provided for: and during the period while each of such registers is in use. said commissioner shall from time to time carefully examine and correct the entries therein, adding all names that shall come to his knowledge after such book Is made out. and which, if then known, ought to have been entered therein in pursuance of this act. striking oft" the names of all persons who have died or have removed permanently from said city, noting changes of residence or business of parties, and otherwise giving such continuous care and attention to the lists in such book, that the same shall at all times, as nearly as practicable, show the names of all persons who are subject to perform jury duty in said city during the year beginning on the first day of October next following the time of making such lists. Said register of jurors shall be prepared with proper rulings and headings to show the full name, occupation, residence and i)lace of business of each juror, claim and allowance or refusal of exemption, actual service on juries, and such other matters as may be requisite to carry out the provisions of this act: and said judges men- tioned in the first section hereof, or a majority of them, may at any time make such order in writing, not inconsistent with this act, touching the books to be kept by said commissioner, and the |)erforniance of his duties generally, as they may Judge the public interest to require, which order shall be obeyed by said commis- sioner. (Laws 1S79. p. 31. sec. 11: R. S. 1S99, sec. 6.'j49.) Sec. l.il. Notice, how j;iveii to eveinpts. — Within three days after the first day of September, in each year, said commissioner shall give notice by advertise- ment daily for one week, in two English newspapers of opi)osite politics, and in not more than two newspa|)ers printed in any other language, all printed and pub- lished in said city, and which said newspaper shall be designated by the said judges, or a majority of them, with reference to their comparative circulation, which advertisement shall state that the jury list for the ensuing year has been made out and is open for inspection at his office, and requiring all jiersons claiming legal exemption from jury duty to iiroduce to him. at said office, within not more than twenty days after the first publication of said notice, competent proof of the exemption claimed, and further giving notice that he will be in attendance daily at said office, designating the locality thereof, during said period of twenty days, between the hours of nine and twelve in the forenoon and three and six in the afternoon, for the purpose of hearing and determining claims of exemption, and for this purpose said commissioner shall be in attendance, in accordance with such notice. (Laws 1S79, p. 32, sec, 12: R. S. 1899, sec. 655u.) Sec. 152. Kveniptions, how noted. — If any person whose name has been entered on the register as liable to jury duty shall, within the time so notified, produce proof satisfactory to said commissioner of his exemption from jury duty, or that his name should not have been entered on said list under the provisions of this act. his name shall be noted by said commissioner as exempt for the ensuing year on said register, with the reason therefor: but no person whose name shall have been placed upon said register of jurors, and who shall neglect within the period prescribed by said notice to claim exemption from jury duty, shall be entitled to claim the benefit of such exemption when summoned as a juror, (Laws 1879. p. 32. sec. 13: R. S. 1S99. sec. 6551.) Sec. 153. Courts to piuss upon exeniplioiis. — Whenever the commissioner shall refuse to mark the name of any person as exempt on said register of jurors t who shall within said time have claimed exemption, he shall give to such i)erson a [ certificate, stating that the exemption has been claimed and refused, and the ground on which it was claimed: and when such person shall be summoned as a I Juror, he may appeal to the court in which he is summoned from the decision of the commissioner, and may be discharged If the court shall adjudge that he is I legally entitled to exemption on the ground certified by the commissioner to have j been taken before him. No ground of exemption shall be taken before the court except that so certified by said commissioner, unless it arose after the time within which claims of exemption or disqualification could be heard as aforesaid by said I commissioner. (Laws 1879, p. 32, sec. 14; R. S. 1899. sec. 6552.) 110 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5, Sec. 15 4. Xanies, how lopicd and drawn. — As soon as practicable after said register of jurors shall have been completed or corrected for each ensuing year, in the manner above provided, the commissioner shall copy each name appearing thereon as liable to jury duty on a separate ticket .and deposit all the tickets in a hollovi' wheel, to be provided for that purpose by said city and kept by him, in which wheel the said tickets shall remain securely locked, except when drawn out in the manner hereinafter directed. Said commissioner shall have the custody of said wheel, and shall permit no person other than himself, or his deputies under his orders, to place any ticket or other paper therein, or to withdraw any ticket therefrom, and it shall be his duty to see that said wheel and its contents are not interfered with by any other person. (Laws 1879, p. 33, sec. 15; R. S. 1899, sec. 6 553.) Sec. 155. Jurors, how drawn. — Whenever jurors shall be required to serve in any of the courts mentioned in the first section of this act. or in any other court of record established in said city, under the laws of this state, in which a jury may be required, such court may order the sheriff or marshal, or other officer charged with executing the process thereof, to summon a sufficient number of jurors, as occasion may require. Thereupon such officer shall obtain the names and places ot residence or business of persons to be summoned as jurors in said court, from said jury commissioner, who, upon the production to him of such order, shall furnish the same to said officer, by drawing tickets from said wheel. Before any drawing shall be made, the commissioner shall turn the wheel repeatedly, in such manner as to thoroughly mingle said tickets, and to prevent the possibility of their being drawn out in any concerted or particular order. He shall then draw out one ticket at a time, and no more, and shall immediately enter the name and residence of the person indicated by such ticket on a list to be furnished to the officer, and also make an entry in his alphabetical list, showing that such name has been drawn out, and shall proceed in like manner until the number of names required by said officers shall have been drawn, and the list of names required by such officers com- pleted; and neither said commissioner nor any of his deputies shall furnish or give to any such officer, as liable to jury duty, any name other than the name so drawn from said wheel in the manner herein provided, nor shall any such officer summon as a juror, unless by express order of the court, any person whose name shall not have been furnished to him by said commissioner, in accordance with this act. Said commissioner shall also copy in another book, with proper headings, to be kept by him, the list so made for such officer, showing the date when and the court for which the names thereon were drawn, and shall deliver to said officer the said list certified by him. said commissioner, as having been furnished to said officer, in compliance with the order of said court. He shall not, at any such drawing, take any more names from the wheel than the number of jurors required by the officers under such order of court, unless it appear that he has drawn names of persons whom, after their names were placed in the wheel, the alphabetical lists, or register of jurors kept by said commissioner, shall show to have died or removed per- manently from said city, in which case additional names, sufficient to supply the deficiency may be drawn. The tickets so drawn out shall not be put into said wheel again during the year, but shall be deposited and kept by said commissioner in a box to be provided for the purpose, and which shall remain in his custody securely locked, unless before the end of the year all of the tickets shall be drawn out. and jurors shall still be required; in which case all the tickets shall be put back into the wheel again, and after being thoroughly mingled, shall be drawn therefrom in the manner aforesaid, as required for jury service in said courts respectively, until the end of the year. If at the end of the year any tickets remain in the wheel that have not been drawn out during the year, they shall all be taken out of said wheel, as soon as the jury list for the next year is prepared as hereinbefore provided, and shall be immediately biirned or otherwise eftectually destroyed by said commis- sioner or one of his deputies, together with all of the tickets which shall have been drawn out of said wheel during the year next preceding, as hereinbefore provided. It shall be the duty of said commissioner, whenever he shall furnish to the sheriff, marshal or other i)roper officer of any of said courts, the names of jurors as lierein- before provided, to make out immediately a transcript of the list so furnished to such officer from the book in which he shall have copied the same, and to deliver or cause to be delivered such transcript to the judge or judges from whose court or courts or court rooms respectively the same has been required, certifying such transcript and stating the date when, and the officer to whom, and the court for which said list was furnished by him. (Laws 1879. p. 33, sec. 16; R. S. 1899, sec. 6554.) Sec. 156. •iurors, liow suninioned. — Whenever tlie jury commissioner shall furnish to the projier officer (?f any of said courts the names of persons for jury service as hereinbefore provided, such officer shall forthwith summon the persons whose names are so furnished to attend as jurors at the time directed by the court. AiiT. ;.] STATIC LAWS speciai.lv ai'I'licahi-ic to ST. i.ons. HI or he shatl show the court gotJti cause for not having done so. The court shall luvestisate tlie truth and sufficiency of the cause shown, and if the same be found untrue or Insufficient, or if it shall appear to the court that such officer has made false return in any respect concerning the execution of the order for summoning said jurors, the court may fine sucli officer as for a contempt of court, for every such untrue or insufficient excuse or false return, in any sum not exceeding one hundred dollars. For any other neglect or willful violation in regard to the jury service of the court, whether prescribed by law. rule or order, the court may Impose a like fine u|ion such officer: but nothing herein contained shall be con- strued to protect or excuse any such officer from liability to criminal proceedings under the laws of this state, for any willful misconduct or misdemeanor in office, or neglect to perform any duty enjoined upon him by law. (Laws 1S79, p. 34, sec. 17; R. ff. 1S99. sec. 6555.) Sec. 167. Absent juror. No person who cannot be found to be summoned shall, for that reason, he dropped from the panel until, and after repealed efforts to find him, the court shall .so order. (Laws 1S79. p. 34, sec. 18. R. S. 1899, sec. 6556. ) Sec. 158. K.vcii.si's, Iiovv 7— ;.) Sec. 170. (irand Jury, how selected. — In all cities of this state having a pop- ulation of over three hundred thousand inhabitants, the grand jury shall be selected In the following manner, to-wit: The list of names of ail persons liable to service as jurors shall be submitted to the judges of the circuit court in general term, who shall therefrom select the names of six hundred men. known or believed by them to be in every way fitted for grand jury service, said selection lo be repealed whenever deemed necessary by said judges of the circuit court, which names shall, by said judges, be erased from the jury commissioner's list, but by them be deposited in a special grand jury wheel, which aftei' being properly secured, shall be delivered to the care of the jury commissioner, who shall be responsible for the proper custody of the same, and which, after the names are once placed therein, shall be opened only by the said jury commissioner, and by him only in the presence of two or more of said circuit judges, upon the requisition of the judge of the criminal court for such number of grand jurors as may be re- quired for any one term of said criminal court. (Laws ISSl. p. 57, sec. 1; Amend- ed Laws 1885. p. 73; R. S. 1899, sec. 6568.) Sec. 171. XunilM-r to In- drawn. — The number of names of grand jurors to be thus drawn from said grand jury wheel shall not be less than twenty-four for any one term of said criminal court, but may be increased by the judge of said court as special circumstances may require. From the names thus drawn, the judge of the criminal court shall select twelve grand jurors, who shall serve for the current term of said court, and the names of such persons that have been drawn, but not •elected to seri-e by said judge, shall be returned to the grand jury wheel by the Jury commissioner, in presence of one or more of said circuit judges, immediately after the close of the term for which they were drawn. (Laws 1S81. p. 57, sec. 2; R. S. 1899. sec. 6569.) Sec. 172. Li.st delivered to clerk. — The list of six hundred names selected by the circuit Judges, duly ceriitied to by the clerk of the circuit court, shall be •'">''- -•■i-tlon was R. S. 1S»9. sec. 6566. Iiut is rcpi-ali-d liy Session tjiws 1907. p. 117. Tl this sootlon wua held valid: Eckrldi vs. Trniislt Co.. 176 Mo. 6i;i: Stati- vs. !-• Mo 434. 456. But It was In the L'lty of St. I..oul8 pnictlcully illsplaccd by '• ~-' IS93. SfO. 3791) rolaling to special Juries, but the latter was re- II La»v.s UiO.'i. p. 174). .so that the section above (R. S. 1899. sec. ■ npplliable until the repeal In 1907. ami such was the practice 1 in If.'- ■ ir. lit eoxirt. .\3 to the history of the two special Jury acts, th»* manner nonlnR. their vallillty. etc.. see .state ex rel. vs. WIthrow. LIS Mo. 500; us to r»r ft:,, a.-'t, mi.l t)irit the provisions n.*? to .iTiTnnionln^r Juries Is dlreetory only. ': ■ '.1. Where a c i lullns before one JuilKe. appllca- Juiljce for a .-< ire: llaelil vs. Ry.. 119 Mo. 31!.';. rlRht to chal.- > tal Juri>rs suininoned under see. 656S. aiij nut 3ut. liOii:. WiUiiims vs. Transit Co. luu S. W. 1072. (I) See Williamson vs. Transit Co.. 100 S. W. 1072. 114 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. .> deposited with the clerk of the criminal court immediately after said names are drawn. (Laws 1S81, p. 58, sec. 3; R. S. 1899, sec. 6570.) ARTICLE VI. JUSTICES OF THE PEACE AND CONSTABLES.* Sec. 173. One justice and one constable to be elected in each district. — In all cities which now contain or may hereafter contain three hundred thousand inhabitants or more there shall be elected, on the general election day A. D. 1894, and every four years thereafter, one justice of the peace and one constable tor each district in said cities, which districts shall be determined, fixed and located as hereinafter provided. (Laws 1891, p, 175. sec. 1: R. S. 1S99, sec. 6508 — m. 1 Sec. 17 4. Number of districts. — For the first one hundred thousand of popu- lation in said cities there shall be five districts; and there shall be an additional district for every additional one hundred thousand, and for every fractional part of one hundred thousand exceeding fifty thousand of population. For the puriiose of this act the last general census of the United States of America shall be taken as the basis of population. (Id., sec. 2; R. S. 1899, sec. 6509.) Sec. 175. Office shall be kept, where — vacancy declared, when — how filled. — The justices elected under the provisions of the preceding section shall keep their offices and hold their courts within the districts for which they were respectively elected, which shall be designated in the commission; and such justices so elected or appointed shall exercise the pow-ers and perform the duties throughout their township prescribed by law in relation to other justices of the peace; and whenever any such justice shall remove his office or place of holding his courts out of the district for which he was elected or appointed, he shall be deemed to have vacated his office, and he shall thereupon proceed as provided by law in case of removal from the township, and such vacancy may be filled as provided by law for filling such vacancies in other cases. (R. S. 1899, sec. G510 — n.) Sec. 17 6. Hy whom districts to be established. — The judges of the probate court, criminal court, criminal court of correction and of the circuit court, or a majority thereof, in all such cities shall, six months prior to the general election of 1894, divide their respective cities into districts upon the basis of population as fixed by this act, and shall define and fix the metes and bounds of said districts, and each of said districts shall be entitled to one justice of the peace and one constable, to be elected as provided in this. act. (Id., sec. 3; R. S. 1899, sec. C511— o.) Sec. 177. Report of judges to be filed — judicial notice of boundaries to be taken. — Such division shall be accurately and fully described in a report signed by said judges, or a majority thereof, which shall be filed in the office of the clerk of said circuit court, and a certified copy thereof shall forthwith be given to the mayor or other chief executive officer of said city, and a like certified copy to each of the justices elected under this act, which shall be open to inspection in the said justices' offices, and the said circuit court and all other courts exercising jurisdiction, civil or criminal, original or appellate, in or over said city, shall take judicial notice of the boundaries of said districts as defined in said report of said Judges. (Id., sec. 4; R. S. 1899, sec. 6512.) Sec. 178. Additional Jtistices' courts. — In justice court districts, the busi- ness of whicli shall have exceeded two thousand two hundred cases in any suc- cessive twelve months, there shall be, and there is hereby established, two justice courts, to which there shall be elected in the manner provided for in said act, except as hereinafter provided, two justices of the peace and two constables, said justices having jurisdiction of causes as provided for in said act. and having the same powers and receiving the same salaries granted therein, and said con- *See ordinances as to Justices of the Peace, etc.: R. C, sec. 132t-132S. (»«) This act held valid: State ex rel. vs. Higgins. 125 Mo. 3(i4; Spaulding vs. Brady, 128 Mo. 6.53. Commissions to justices of the peace and constaljles issued by tlie mayor: Scheme, see. 15. .As to bonds of constables, and approval thereof, see infra, sec. 196. As to determination of wlio is elected, wliere there is a tie vote, see State ex inf. vs. Kramer, 150 Mo. Si). The act did not termin.ate the functions of the Justices in St. Ijouis who held office, until the .iustiees elected under the act qualified: Knight vs. Mersnian. 66 Mo. App. 219. Ord. 10744 for elections of constables, held void in State ex rel. vs. McKee, 69 Mo. 504. See also as to election of justices in St. Louis, note to sec. 202 infra. (,i) Construe with reefrence to sec. 6513. R. S. 1S99. (.infra sec. ISO.). But this section, so far as supplying offices, etc., is concerned, is displaced by R. S. 1,S99. sec. 6535. (infra sec. 200) and the ordinances of the city provide for locating and providing suitable offices, and for expenses, record books, etc.: See ordinances R. C, sec. 1324- 132S. (o) Held valid. State ex rel. vs. Higgins. supra. .\l;T >■. I STATK LAWS Sl'lIClALl.V Al'I'LICAlSLK TO ST. LOIMS. 115 Btablfs shall perform all the duties provided for In said act, and shall have all the powers granted therein, and shall give the same bond and receive the same salaries as provided therein. (Laws 1S9!>. ji. L'tiS; U. S. lSi)9, sec. 6521.) Sec. ITSl. (Jovernor Co appoint. — Within thirty days after section 6521 and 6522 shall take effect, it shall he the duty of the governor of the state to appoint and commission such additional justice and such additional constable for any district, and the same shall hold office until the next general election for justices and constables under said act. (Laws ISStO, p. 2CS; K. S. ISic.i. sec. G522.) Sec. ISO. Laws applicable to townships, to apply to districts. — All laws now or hereafter in force, concerning justices of the peace and constables, applicable to townships, shall be applicable to the districts' of said justices and constables, as provided in this act. except where inconsistent with the other provisions hereof. (Laws 1891, p. 175; R. S. ISltSl. sec. 6513.) Sec. 1S1. Who eligible to of lice. — No person shall be eligible to the office of Justice of the p«'ace who is not a citizen of the United States, and who shall not have been an inhabitant of this state and a resident of the city in which he is elected for twelve months next preceding his election. (Id., sec. 6; R. S. 1899, sec. 6514.) Sec. 1S2. Vacancii's, how filled. — When any vacancy shall occur In said offices, the said judges shall at once sui)ply the same by the appointment of some person competent and ciualifled, who shall hold his office for and during the unexpired term of the justice or constable holding such office at the lime such vacancy occurred, and until a successor be qualified. (Id., sec. 7; K. S. 1S99. sec. 6515 — p.) Sec. 183. Qiiulillcntion, how made.- — Every person who receives a commis- sion of election as justice of the peace or constable shall, within thirty days there- after, and before entering upon the discharge of his duties, take the oath pre- scribed by the constitution of this state, and an oath that he will faithfully demean himself in office, and shall file his commission in the office of the clerk of the circuit court of said cities, together with the oath herein required indorsed thereon, to be recorded in the office of the clerk of the circuit court, which shall be deemed an acceptance of such election; and in case of his failure to do so, it shall be deemed a refusal thereof. (Id., sec. 8; R. S. 1899, sec. 6516.) Sec. 184. .Iiirisdiclion — lunoiint of. — The said justices of the peace shall have original jurisdiction of all actions and proceedings for the recovery of money, whether such action be founded upon contract, tort or account, or upon a bond or undertaking given In any civil action or proceeding, or upon special tax-bills, or for a penally of forfeiture given by any statute of this state, when the sum demanded, exclusive of interest and costs, does not exceed five hundred dollars. (Id., sec. 9: R. S. 1899. sec. 6517.) Sec. 185. Jurisdiction — territorial limits of. — Every justice of the peace shall have jurisdiction co-extensive with the city in which he shall be elected, exce|>t In landlord and tenant cases, and in cases of forcible entry and detainer and of unlawful detainer, which shall be brought in the district where the property to be affected is situated: Provided, however, that such cases may be instituted before a justice of the peace in any district adjoining the district in which said proi)erty is situated, if the justice of the peace of the district in which said prop- erty is situated has failed, by reason of sickness, absence from the city or other cause, to hold court for five days next preceding the date of the filing of the state- ment or complaint in such suit; in such instances the justice of the peace of such adjoining district shall have jurisdiction of all such cases so instituted before him to the same extent as if said property were In his district; and a statement of the fact that lae justice of the peace in the district where the property is situated has not held court for five days next preceding the date of the filing of the statement or comi>laint of such suit contained in the aifidavit filed by the plaintiff therein, shall be prima facie i>roof of such fact. (Laws 1907. p. 11<'>. amending R. S. 1899. sec. 651S.I Sec. 186. .Iiirisiliclion in i-eplevin, niechniiics' liens, lnndloi' Appointee holds until next election: Stnte ex rel. vs. Spltis. 12? Mo. 248. 116 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 3. amount not in excess of five hundred dollars. They shall have all the powers and jurisdiction now conferred by law on justices of the peace, not inconsistent with the provisions of this act; and all existing provisions of law now applicable to justices of the peace and the practice and procedure in their courts shall be applicable in all respects to the justice elected under this act. (Id., sec. 11; R. S. 1899, sec. 6519.) Sec. 1S7. Justices — salary of. — Each of said justices shall receive a salary of twenty-five hundred dollars per annum, payable monthly, to be paid out of the treasury" of the city in which they are elected. (Id., sec. 12; R. S. 1899, sec. 6520— g.) Sec. 188. Justice to api)oiiit clerk — salary of. — Each justice of the peace shall appoint a clerk of such court, to hold office during the pleasure of said justice, with a salary of one hundred dollars per month, to be paid out of the treasury of the city in which such court shall be located, at the end of each month, as provided herein in respect to the salary of justices. (Id., sec. 13; R. S. 1899, sec. 6523.) Sec. 189. Appoint nu'iit of clerk to be in writing'. — Such appointment shall be in writing signed by the justice, and shall be filed in the office of the clerk of the circuit court having jurisdiction in such city. The justice may at any time remove such clerk and appoint another in his stead. (Id., sec. 14; R. S. 1899, sec. 6524; Laws of 1S97, sec. 1, p. 142, providing for appointment of deputy clerks repealed; Laws 1899, p. 268.) Sec. 190. Clerk to give bond. — Every clerk, within ten days after his aji- pointment, shall give bond to the state, with two good and sufficient securities, residents of the said city, in the penal sum of two thousand dollars, conditional that he will pay all money received by him by virtue of his office, and in every respect discharge all his duties as such clerk according to law. The said bond shall be approved as now provided by law in case of bonds of constables: and all otheiKprovisions of law, relating to requirement of new bond, discharge of sureties on old bond, and suits on bonds, and summary proceedings in case of constables and their sureties, shall be applicable to said clerks and their sureties in like manner. (Id., sec. 15; R. S. 1899, sec. 65 25.) Sec. 191. Clerk to receive fees — disposition of. — All fees and costs collected in said courts not paid to or collected by the constables or their deputies, shall be paid to and received by said clerks, and in no instance paid to or received by said justices; said clerk shall pay over all said fees collected tor services of the justice to the treasurer of said city every thirty days, accompanied by a statement thereof, sworn to by them, and all other costs collected by said clerk shall be paid by them every thirty days, accompanied by a like sworn statement, to the constables of the respective districts, who shall be responsible for the same, and pay over the same to the parties entitled thereto, as now required by law in case of costs collected by or paid to said constables. (Id., sec. 16; R. S. 1S99. sec. G526 — r.) Sec. 192. Clerks to keep books of account. — The clerks of said justices of the peace shall keep accurate books in which shall be entered full, complete itemized accounts of all fees and costs taxed or collected in said courts by said clerks, which books shall at all times be open for inspection by the treasurer of such city, or any agent appointed by such city for that purpose, and shall perform all clerical and ministerial duties now imposed by law on justices of the peace. (Id., sec. 17; R. S. 1899, sec. 6527 — .s.) Sec. 193. Constables to keep books of account and pay over fees. — The con- stables elected under this act shall keep accurate books, in which shall be entered full, complete itemized accounts of all costs and fees, commissions and emolu- ments collected by them, and shall pay over all such fees as are provided by law for services of constables, collected by them, to the treasurer of such city every thirty days, accomiianied by a statement thereof, sworn to by them, and all such books shall be at all times open for inspection by the clerk of said court, or by the treasurer of said city, or any agent appointed for that purpose, or by any one having any cause in said court, or by his agent or attorney. (Id., sec. 18; R. S. 1899, sec. 6528.) Sec. 194. Penalty and procedure in case of failure to account. — If any con- stable or clerk fall to make and file such statement with said city treasurer as above required, the justice of the district shall issue a citation to such constable or clerk requiring him to make and file such statement on or before a day to be named ((?) See Note below. (r ) The [provision that in St. Lovii.s the fee.s be paid into the treasury and the justice receive a salar.v is constitutional; Spaulding: vs. Brady. 128 Mo. ^553. But for services not of a judicial nature, such as solemnizing marriages, the justice is entitled to retain the fees: St. Louis vs. Summers, 14 S Mo. 398. (s) -\R to duty and rights of ^-it.v officials respeetin.tr ret-ord books, expenses, etc., see Rev. Code, sees. l.'iSS-lSiT. Ai; .-;ATI-: laws Sl'KCIAI.LY AITLlCABLt: TO ST. LOUIS. 117 In siicli citation, and such citation may be served upon stich constable or clerk in orcior; and If snch constable or clerk after service of such citation fail to make and compel the attendance of such constable or clerk, and if necessary, commit him to jail until he make and tile such statement. (Id., sec. 19: R. S; 1899. sec. t!.'.L'9.) (lie such statement, as required by such justice, the justice may, by attachment, ?ec. 195. I'ily may sue. — Any such city may sue for and recover all sums of money payable into the treasury thereof by a constable or clerk, and the con- stable or clerk and his sureties on his official bond shall be liable therefor. ( Id., sec. 20; R. S. 1S99. sec. 6530.) Sec. 196. Constables to ^ivc bond. — The constables of such court shall. within thirty days after their ai)pointment. and before entering on the discharge of their duties, give bond to the state as now required and dii-ected by law, and shall have and exercise the same authority as is now held and e.\ercised by con- stables of courts of justices of the peace, and shall perform the same duties and be subjected to the same liabilities and responsibilities which now attach to the office of constable, and all provisions of law now ai)plicablo to constables shall be applicable to said constables hereinunder appointed, except where inconsistent «ith the provisions of this article, (id., sec. 21: R. S. 1S99, sec. 6531 — t.) Sec. 197. Constables — salary and commission. — The constables elected under this article shall receive a salary of one hundred and fifty dollars iier month, payable at the end of each month out of the treasury of such city, as i)rovided in ca.se of justices and clerks, and it shall be the duty of the municipal assembly of said city to appropriate the money necessary for the payment of such salaries of justices, clerks and constables, the same as salaries of city officers are provided for. Said constables shall be entitled to receive not exceeding two and one-halt p*' cent commissions upon all collections made. (Id., sec. 22; Jl. S. 1899, sec. 6Ji2.) Sec. 19S. Deputies — constable. — Every constable shall have power to appoint deputies not to exceed two In number, for whose conduct he shall be answerable, and such appointments shall be in writing, and said ai)|)ointments shall be filed in the office of the clerk of the circuit court having jurisdiction in such city. (Id., sec. 23; Amended Laws 1899. sec. 1, p. 269; R. S. 1S99, sec. 6533.) Sec. 199. Deputies — salary of. — Such deputies shall receive a salary of seventy-five dollars per month, to be paid out of the treasury of the city, in like manner as provided herein In case of constables. They may be removed at the pleasure of the constable apiiointing them, or his successor In office, and in case of vacancy In such office of deputy constables, the constable may fill such vacancy, with the approval of the justice, as in case of original appointment. (Id., sec. 24; R. S. 1899, sec. 653 1.) Sec. 200. Offices for justices to be provided. — The municipal assembly of said city shall provide proper rooms and offices for said justices' courts, and their clerks and constables in their respective districts, and for the proper care of the snmo. and shall provide heat, light, proper books of account, dockets and printed fi>rnis of writs, and stationery, and whatsoever else may be necessary for the proper conduct of the business of such courts. (Id., sec. 25; R. S. 1899, sec. 0535 — ii.) Sec. 201. K4-|H-nlinf: clau.>ie. — All acts or parts of acts Inconsistent with this ■ct are hereby repealed. (Id., sec. 26.) Sec. 202. City rejiister to perform ilnties of cU-rk — mayor those of county court, except in ca.ses of tie. — In said city of St. Louis, the duties and services required by chapter 9 of Rev. Stat. 1899 (relating to constables) of the county clerk shall be performed by the register of said city, and those required to be performed by the county court shall be performed by the mayor of said city, except in case of a tie or contested election, which shall be tried in the circuit court: and, so far as applicable, said city shall be considered as a county; and likewise a district in said city shall be held to be the same as a township in said Chapter. (Rev. Stat. 1899. sec. t;;i36— r. ) Sec. 203. — (^ualiftcntions of Jurors in justices' courts. — In any cause pending before n justice of the peace In cities which now have or may hereafter have a population of 300,000 Inhabitants or more, no person shall be eligible to sit as a Juror unless he has the same qualifications as prescribed for jurors in the circuit 'urt of such cities, and no person shall be permitted to serve as a juror In such ;ties before any justice of the peace more than once each year. (Laws 1895, sec. 1, p. 202; R. S. 1S99, sec. 653 7.) Sec. 20-1. tli-rks of court to ri'cniil niiims nf iiirnrv. — Tt shall be the duty of the clerk In ' 'irt of a justice .r ih. p. ,i. ■ ; r ui>pruvca the constal>lt-'ii bonJ: Scliirim-, mi-. !.'>. iil.-.i. K.\. Cude. •■"ca ISOS and l«Ts. (■>) Sfp nil to aurh orcllnnncp.o. R<-v. C. sees. 1324-1328. ( ) This sc-rtlon hplil volil. .in fur os to deciding tie election. o» unconstitutional. In State ex Inf. vji. Kramer. ISO Mo. S9. 118 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. f.. book suitably headed and ruled, the name ot each juror serving in such court, arranged under the proper letter of the alphabet, together with the number and street of his residence and the date of his service. (Laws 1S9 5, sec. 2, p. 202; R. S. 1S99, sec. 6538.) ARTICLE Vll. JIJS'ENILE COURTS." Sec. 205. Application of act — coiistiuotion of toi-nis. — This act shall apply only to children under the age of sixteen years, not now or hereafter inmates of any state institution, or any training school for boys, or industrial school for girls, or any institution incorporated under the laws of this state: Provided, that when jurisdiction has been acquired under the provisions hereof over the person of a child, such jurisdiction shall continue for the purposes of this act until the child shall have attained its majority. For the purpose of this act the words "neglected child" shall mean any child under the age of sixteen years who is destitute or homeless, or abandoned, or dependent upon the public for support, or who habitually begs or receives alms, is found in any house of ill-fame, or with any vicious or disreputable person, or who is suffering from the cruelty or depravity of its parents, or other person in whose care it may be. The words "delinquent child" shall include any child under the age of sixteen years who violates any law ot this state, or any city ordinance. The word "child" or "children" may mean one or more children, and the word "parent" or "parents" may be held to mean one or bofh parents, when consistent with the intent of this act. The word "association" shall include any corporation which includes in its purposes the care or discipline of children coming within the meaning of this act. (Laws 1903, p. 213, sec. 1.) Sec. 206. Jiir.sdictioii of courts. — The circuit courts exercising jurisdiction in counties having a population of 150,000 inhabitants and over in this state, shall have original jurisdiction of all cases coming within the terms of this act. The city of St. Louis shall be deemed to be a county within the meaning of this act. (lb., sec. 2 — n\) Sec. 20 7. Juvenile court looiii — Procedure. — In said counties the judges of the circuit court shall, from time to time, designate one of their number, whose duty it shall be to hear and determine for such time as said judges shall designate, all cases coming under this act. A court room to be designated the "Juvenile Court Room" shall be provided or assigned for the hearing of such cases, and the proceedings of the court in such cases shall be entered in a book or books to be kept for that purpose, and known as the Juvenile Record, and the court may for convenience be called the Juvenile Court. The practice and procedure prescribed by law for the conduct of criminal cases so far as same may be applicable and when not herein otherwise provided, shall govern all proceedings under this act. In all trials under tliis act any person interested therein may demand a trial by jury. (lb., sec. c — x.) Sec. 208. Who may file petition — affidavit. — Any reputable person, being a resident in the county, having knowledge or information of a child in the county who appears to be a neglected child, may file with the clerk of the Juvenile Court, a petition in writing setting forth the facts, verified by affidavit. It sliall be sufficient that the affidavit be uiion information and belief. (Laws 1903, p. 214, sec. 4.) Sec. 2 9, Summons — hearing — di.vposition of child. — Upon the filing of the petition, unless the parties shall voluntarily appear or be in court, a summons shall issue in the name of the state of Missouri requiring the child and the person .laving custody or control of the child, or with whom the child may be, to appear .•ith the child, at the place and at the time set in the summons, which shall no: i later than tv.-enty-four hours after service, unless otherwise directed by the court or judge. The parents of the child, if living, and their residences known, or its legal guardian, or if his or her residence is unknown, then some relative, if there be one, and his or her residence is known, shall be notified of the proceed- ings, and in any case the court may appoint some suitable person or association to act in behalf of the child. If the person summoned, as herein provided, shall •This act was held valid in Ex Parte Loving. ITS Mo. 194, as against several consti- tutional objections. For the ordinance providing the building for the .luvenlle Court, the operation of that court, and the offices created in connection therewith, see ord. 22540, approved July 12, ISUG, set out in appendix to the Revised Code. (re) The amendment in IVOh (acts 190.S, p. 56) repeals the act and substitutes a new one, in so far as cities lietween 150.000 and 500.000 are concerned, so that the act of 1903 now applies, in effect, to the City of St. Louis alone. But tliat does not invalidate the act. within the reasoning in Ex Parte Loving, supra (ITS Mo. 194). (r) See Stale ex rel. vs. Wilder. 19T Mo. 2". AUT. :.| STATE I^WVS SKKCIALLY APPLICABLE TO ST. LOUIS. 119 fall without reasonable caiisi' lo appear and abide the order of the court, or to bring the child, such person may be proceeded against, as in case of contempt of court. If it shall appear to the satisfaction of the court that there is no person in charKO or care of the child, the court may order the sheriff to take control of the child and bring him into court'. On the return of the summons, or other process, or as soon thereafter as may be. the court shall proceed to hear the case In a summary manner, and if it shall determine that the child is a "neglected child" within the definition thereof ccnitain herein, shall enter Its order or judgment accordingly under the provisions of this act; and the cost of the proceedings may. In the discretion of the court, be adjudged against the petitioner or any person or persons so summoned, or appearing, as the case may be. and collected as provided by law in civil cases. All costs not so collected shall be jiaid by the county. Pending the disposition of any case, the child may be retained in the custody of the person having charge of the same, or may be kei)t In some suitable i)lace provided by the county authorities, or by any association having for one of its objects the care of delinquent or neglected children, or in such other custody as the judge may direct. (lb., sec. ;').) Sec. 210. I'roliation ofliccr — duty, — The circuit court shall appoint, or designate, a discreet person of good character, to serve as i)robatlon officer during the pleasure of the court. Whenever there is to be a child brought before the Juvenile Court. It shall be the duty of the clerk of the court, if practicable, to notify the said probation officer in advance of the time when any child is to be brought before the court. It shall be the duty of the said probation officer to majie such investigation of such child as may be required by the court, to be present in court in order to represent the interests of the child when the case is heard, and to furnish to the court such information and assistance as the judge may require, and to take charge of any child betore and after trial, as may be directed by the court; and the court shall have power lo make and enforce rules si)eclfylng the duties of probation officers In any and all cases. (Laws 1903, p. 214, sec. 6.) Sec. 211. N<-Klf jail •>iiiiiini' nor coMliniini'Mi ujch miiviits. — In all cases when practicable the court shall require notice to be given and Investigation to be made, as In the several cases under this act provided for. and may adjourn the hearing from time to time for the purpose. The court shall not commit a child under sixteen years of age to a jail or police station, but if said child is unable to give ball, it may be committed to the care of the sheriff, police officer or i)robalion officer who shall, unless otherwise ordered by the co\irl. keep such child in a suitable place, which shall be provided by the county, outside of the Inclosures of any jail or police station, or such child may be committed to the care of any association willing to receive it. having for one of its objects the care of neglected children. When any delinquent child shall be sentenced to confinement In any Institution to which adult convicts are sentenced. It shall be unlawful to confine •ucli child In the same building with such adult convicts, or to bring such child Into any yard or building in which adult convicts may be present, or to permit any contact or intercourse whatever between such child and such adults. The judge (»> state fx r.'l v.') Wil.l.r 1:<: ,Mo. 27. 120 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5. of the Juvenile Court may make in vacation any order for the temporary care of any child or children coming w!thin the provisions of this act. (lb., sec. 10.) Sec. 215. ]>ei)iity probationary officers — duty of prosecuting attorneys — of police — i)robatiou officer's power. — In each county in this slate having a Juvenile court and probation officer appointed as hereinbefore provided, the said proba- tion officer shall have the power and authority to appoint one or more deputy probation officers subject to the approval of the judges of the circuit court. Said deputies shall hold office during the pleasure of the said court. Women shall not be disqualified from holding the position of deputy probation officers. It shall be the duty of all circuit, prosecuting and city attorneys representing the state or city in any court held in the counties aforesaid, to give to the proba- tion officers such aid in the performance of their duties as may be consistent with the duties of the office of such attorneys. It shall be the duty of all police officers and constables making arrest of children under sixteen years of age in the counties aforesaid, to at once give information of that fact to the probation officer, or one of his deputies, and also to furnish such probation officer with all facts in their possession pertaining to said child, its parents, guardian, or other person interested in such child, and also of the nature of the charge upon which such arrests has been made. Any probation officer may, without warrant or other process, at any time until final disposition of the case of any child over whom said Juvenile Court shall have acquired jurisdiction, take any child placed in his care by said court, and bring such child before the court, or the court may issue a warrant for the arrest of any such child; and tlie court may thereupon proceed to make any lawful disosition of the case. (lb., sec. 11.) Sec. 216. vSalary of prol>ation officer and dei)uties. — The said probation officer shall receive a salary of one thousand dollars ($1,000) per annum, payable monthly' out of the funds of said county. Every assistant probation officer shall receive such salary or compensation as may be decided by the judges of the circuit court, not exceeding in any case the sum of eight hundred (SCO) dollars per annum, iiayable in like manner out of the funds of said county. Actual disburse- ments for necessary expenses made by probation officers while in the performance of their duties shall be reimbursed to them out of the funds of said county, after approval by the judges of the circuit court: Provided, that no officer shall be allowed for such disbursement a greater sum than one hundred dollars in any one year. (lb., sec. 12, p. 216.) Sec. 217. Power of court in final disposition of child. — In the case of a delinquent child, the court may suspend the sentence or execution thereof, from time to time, and may in the meantime commit the child to the care and ctnitrol of a probation officer, duly appointed by the court, and may allow such child to remain in its home, subject to the visitation and control of the probation officer, such child to report to the probation officer as often as may be required, and to be subject to be returned to the court for further proceedings whenever such action may appear to the court to be necessary; or the court may authorize the child to be placed in a suitable family home, subject to the friendly supervision of a probation officer, and the further order of the court, or it may authorize the child to be boarded out in some suitable family home, in case provision is made by voluntary contribution, or otherwise, for payment of the board of such child, until suitable provision may be made for the child in a home without such pay- ment; or the court may commit the child to a suitable institution for the care of children. (lb., sec. 13.) Sec. 218. (^hild a ward — sub.ject to order court. — In any case where the court shall commit a child to the care of any association or individual, in accord- ance with the provisions of this act, the child shall, unless otherwise ordered, become a ward, and be subject to the control of the association or individual, to whose care it is committed; and subject to the order of the court. (lb., sec. 14.) Sec. 219. Associations — when awarded custoO.v — report — removal. — The judge of the Juvenile Court may secure such information from any association desiring to have children committed to its care under the provisions of this act, as said judge may deeiu necessary, to enable him to exercise a wise discretion in dealing with such children. Every such association shall file with the state board of charities and corrections an annual report, respecting the children cared for during the year, under the provision of this act; the number received, the number placed in homes, the number that have died, and the number returned to parent? or friends. The court shall have power to withdraw any child sent to any institu- tion or association or person a"t any time, and to make other provision therefor, (lb., sec. 15.) Sec. 2 20. IJeliRious affiliations to he respected. — The Juvenile Court, In committing children, shall place them as far as practicable, in the care and custody of some individual holding the same religious belief as the parents of ^^HT. 7.1 STATl': U\WS .SFi:CIAM>Y Arri.ICAHI.I'. TO ST. I.OL'IS. 121 Biich child, or with an association controlled by persons of like religious faith as the said parents. (lb., p. 217. sec. 16.) Sec. 22\. Ap|M-iil. — An appeal shall be allowed to the child from any final order of ronuniinienl made under the provisions of this act and from any moditication of surh order and may lie demanded on the part of the child by its guardian, by either parent, by its previous custodian or by any person within the fourth degree of kindred of such child: Provided, however, that such appeal shall be taken at the same term of the court at which the order is made, and such appeal shall act us a supersedeas if. a bond with sufficient sureties shall be given in a penal sum not exceeding five hundred dollars, payable to the state of Missouri and conditioned that when so ordered by the court the child shall be surrendered to abide such Judgment or order as may be rendered or made by the appellate court; but the trial court or the apiiellate court may in its discretion by an order modify or dispense with such bond: in which case the allowance of the appeal shall act as a supersedeas on compliance with the order so made. (lb., sec. 17.) Sec. 2 22. Act not to iiO'ect certain institutions. — Nothing in this act shall be construed to repeal any portion of the law relating to the Industrial Home for Girls, or the Reform School for Boys, and in all coniniitments to either of said Institutions, the law in reference to said institutions shall govern the same. (lb., sec. 18.) Sec. 22."?. t'onipiilsion of parent lo support cliild. — In any case in which the Juvenile Court shall lind a child neglected, or delinquent, it may, in the same or subsequent proceeding, upon the parents of said child or either of them being duly summoned, or voluntarily aiipearing. proceed to inquire into the ability of said parent or parents to support the child, or contribute to its support, and if the court shall find that such parent or parents are able to support the child or eontribute thereto, the court may enter an order or decree requiring said parent or parents to support such child or contribute thereto, and may enforce the same by execution. (lb., sec. 19.) Sec. 224. Act of lOOl i-elatinK to .juvenile delinquents repealed. — The act entitled "An act to establish a probation system for juvenile delinquents in certain cities, approved .March 26. 1901. is hereby repealed. (lb., sec. 20.) Sec. 22.">. Knierici'ncy. — No adequate provision for the care of neglected or delinquent children existing in counties having a population of I'lO.OOO inhabitants and over, in this state, there is created an emergency within the meaning of the constitution: therefore, this act shall take effect and be in force from and after its passage, (lb., sec. 21.1 Sec. 226. Inconsistent acts n>|«-ule(l. — .\11 acts or parts of acts in conflict with this act. or inconsistent herewith, are hereby repealed. (lb., sec. 22.) CHAPTER FIVE A. CUIMKS. Sec. 226a. OlTerinj; property for sale without written authority. — In cities of three hundred thousand inhabitants or more, any person who shall offer for sale any real property without the written authority of the owner of such property, or of his attorney-in-fact, appointed in writing, or of a person who has made a written contract for the purchase of said property, with the owner thereof, shall b« deemed guilty of a misdemeanor and fined in a sum of not less than ten dollars nor more than three hundred dollars. (Laws 190:i. p. loi, sec. 1 — z.) Sec. 22t!b. .Vpplication for loans witluiut written nuthoril,v. — In cities of three hundred thousand inhabitants or more, any person who shall make applica- tion to any other person, or to any corporation, for a loan upon any real proiierty without the written authority of the owner of such real property, or of his attor- ney-in-fact, appointed in writing or of any person who has made a written contract for the purchase of such property with the owner thereof, shall be deemed guilty of a misdemeanor and fined In a sum not less than ten dollars nor more than three hundri'il dollars i lb . «<'r '_* > CHAPTER SIX. I'.VMACI-; .-^flT.'; .MlAIN.'^T CITTKS. Sec. 227. In -nils agnin.st city for iliininees plnintilT may 1h- riMiiiind to .join IS r<»-defendanl person or cor|Hiralii>n liable to an action on same account by city. Whenever a city of over one hundred and fifty thousand inhabitants shall be t*» Section ronstrupd In Mercantile Trust Co. vs. NiKKcman. 119 Mo. App. 56. as j to validity of contract 122 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5a. 6. 7, 8. sued in any court in tliis state and the cause of action on account of which said city is sued shall arise from the wrongful or unauthorized acts or carelessness and negligence of any person or corporation subject to service in this state, and such wrongful or unauthorized acts or carelessness and negligence shail also make such person or corporation liable to an action by the plaintiff on the same account as such city is sued for, such city may, within fifteen days after the first day of the next term of court after the service of the writ of summons, file a motion, in writing, in said case, notifying the plaintiff therein to malte such person or cor- poration a party defendant in said suit in accordance with the facts constituting the liability of such person or corporation, which facts said city shall set forth in said notice, and shall verify the same by affidavit. The plaintiff in said suit shall then proceed to join such person or corporation as a party defendant in said suit, in accordance with the facts set forth in said notice, and such suit shall not be prose- cuted against said city until such person or corporation is made a co-defendant with such city: Provided, however, that in case the facts set forth in said notice do not make such person or corporation named therein liable to an action on the same account as such city is sued for in such case, said plaintiff' may file a motion to strike out said notice, and if said motion shall be sustained by the court, then the plaintiff in such case may proceed against defendant city alone, as if said notice had not been filed; and provided further, that if the plaintiff shall make such person or corporation as may be named in said notice a party defendant in said suit and shall have caused summons to be issued for such person or corpora- tion, and such person or corporation cannot be served with process by the officer to whom such writ is directed, then the plaintiff in such case may proceed against the city alone. (Laws 1901, pp. 7S, 79— a.) CHAPTER SEVEN. DENTI.STRY.* Sec. 228. Duty of regi.stor in St. Louis. — Whenever in article 3 of Chap. 128 of Rev. Stat, of 1899 entitled "Dentistry," it is provided that any duty or service shall be performed by any county clerk, such duty and service in the city of St. Louis shall be performed by the city register of the city of St. Louis as if said officer was especially named to perform these duties and services, and said register shall receive the same compensation therefor as this article provides shall be paid to county clerks; provided, futher that whenever in this article the word "county" is used it shall include the city of St. Louis the same as if said city were especially named. (Laws 1905, p. 217, sec. 8535.) -_ CHAPTER EIGHT. DRAMSHOPS — EXCISE COMMISSIONER. ♦« Sec. 229. In all cities in this sta.te, which now have, or may hereafter have a population of 300,000 inhabitants or more, there is hereby created the office of excise commissioner, who shall have exclusive authority to grant dramshop licenses; and such commissioner shall be appointed by and hold his office during the pleasure of the Governor. The excise commissioner must be a bona fide resident of the city where appointed for a period of not less than two. years previous to his ap])ointment and shall be confirmed by the Senate. (Laws 1905, p. 141, amend. R. S. 1S99, sec. ,i019.l Sec. 230. Applications, liow made. — Any person desiring a dramshop license shall present a petition to the excise commissioner, as required by the laws of this State, and if the petition is signed by the requisite number of petitioners, and the applicant is a person of good moral character, the commissioner shall give to the (a) Tills statute was enacted to counteract, so far as might be, the effect of the decision in Badgley vs. St. Louis. 149 Mo. 122, holding void the charter provision. Art. XVI. sec. 9. The statute was made the basis of a motion to dismiss an appeal in the case of Baker vs. St. Louis. 189 Mo. 375. •Laws 1905, pages 213-217. repealing R. S. 1899, sees. 8525-8536, relating to "Den- tistry," and enact new sections in lieu thereof. ••The State law now in force largely if not entirely supersedes the city ordinances on the suljject. See comments and notations to ordinance regulations concerning dram- shops in Rev. Code, Chap. 31. Art. IV and notes to sections 2150 to 2164. CHAP. S.l STAT1-; LAWS SfKCI ALl-Y AI'PLICABI.K TO ST. LOUIS. 123 ai>i>licant a statement in writing, that npon the payment of tlie license tax leqiiirod by iaw. a dramshop license will be Issued to such applicant. (R. S. 1899, sec. 3020— b.) Sec. 231. ("ondilioii on which liccn.se niuy !>«• i.s.siied or rev)f f'T ''^i* period provided by law; and the commissioner shall have authority to revoke any license by him granted, if the dramshop-keeper to whom license has been issued shall violate any of the provisions of the hiws of this state governing dramshops. (R. S. lS9!t. sec. 3021— c.) Sec. 232. t'oniniissioner (o ke«'|> record of liccM-.e> iiny thi' propiT petition as there required, and the act of 1901 (since repealed and ann'ndoil: Ijiws 190.">. p. HI) which provided tliat the petition for a license should be on Ole in the office of the clerk of the county court for not leas than ten days, applied In St. I.,ouls to the office of excise commissioner, and where It Bpp<-ars that such petition was not on Hie that lenBtli of time a license sranted there- und'T was void: the commissioner acquires Jurisdiction wlnTe the petition recites that the petitioners are a majority of the assessetl tax-payinK citizens and suare presently acted upon by blm and that a license shall be ^franted or refused: If Rranted It sliould he for six months, at which time applicant nuiy have the license renewed for ani>ther term of six months on the petition: at the expiration of the second lleense the life of the petition expires and If the licensee desires to continue he must (to back to the tax payers and get a new petition from them: State •X rel. vs. .Mulvlhlll. 113 Mo. App. 324. 32S. (f) The revocation of a permit or license by the excise commissioner Is not of a JDdlrlal nature, and Is not reviewable by the courts: Hlgglns vs. Taltv. 157 Mo. 280 (revoenllon for keeping disorderly house): State vs. Seebolil. 192 Mo. 720. (discussing right of revocation for selling liquor on Sunday. In- right of a dramshop ke,.p,.r to question the validity of the Matute In such a proceeding.) (rf) Cooper vs. Hunt. 103 Mo. App. 9. 15. J^24 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 9. Sec. 2 3 6. Fees — Powers — Duties — Conipensation. — The person to whom a ditimshop license shall be issued shall pay the excise commissioner a fee of three dollars for each state license and a fee of three dollars for each city- license, for granting and issuing the same, and said excise commissioner shall charge, collect and receive a further sum of three dollars for taking acknowledgments to each petition filed, acknowledgment to bond, filing ;>etition and bond, administering oaths, and all other acts of said commissioner of liife character necessary to perfecting the petitions and papers before the license is issued and the said excise commissioner shall perform all these services and acts, and for that purpose the said excise commissioner is hereby granted and given the power to administer oaths, to take acknowledgment to all papers and instru- ments filed in his office and to possess the same powers for that purpose as are now given by the statute law oi the state of Missouri to justices of the peace. All fees and charges so collected shall be paid over to the treasurer of the state of Missouri to be placed to the credit of the general revenue fund of the state. Said excise commissioner shall take a receipt therefor from the treasurer, the original he shall file with the state auditor and the duplicate thereof he shall file in his own office as a part of the records thereof. The said excise commissioner shall make said payments to the state treasurer on the first Monday of each and every month, and shall at the time of making said payments to the treasurer, file with the state auditor a full, complete and sworn statement of all of the fees collected by him as herein directed, during the preceding month and since his last statement and also stating the total number of state and city licenses issued and granted, the name of the person to whom issued, date when issued, date of expiration and amount of ad valorem tax paid on each. Said excise commissioner shall receive the sum of five thousand dollars per annum, payable monthly out of the state treasury, as and for full compensation, salary and services, as such excise commis- sioner, and a further sum of four thousand dollars per annum or so much thereof as is necessary, out of which he shall pay all clerical help and expenses of what- ever character in the conduct and management of the business of his office, pay- able monthly out of the state treasury, when properly certified by said excise commissioner. (Laws 1905, p. 141, amending R. S. 1S99, sec. 3026 — e.) Art. I. Art. II Art. III. Art. IV. CHAPTER NINE. ELECTION AND REGISTRATION. Miscellaneous Provisions. Board of election commissioners created — registration and conduct of elections. Primary Elections not covered by act of 1907. Primary Elections in General. ARTICLE I. MISCELL.ANEOrS PROVISIONS.* Sec. 237. Election of state officers. — On the first Tuesday after the first Monday in November in the year ISSO, and every four years thereafter, there shall be an election held in each township in this state and in each ward of the city of St. Louis tor the election of governor, lieutenant-governor, secretary of state, state auditor, state treasurer and attorney-general, who shall hold their offices for the term of four years after the second Monday in .lanuary next after their election and until their successors are elected and qualified. (R. S. 1S99, sec. 6981.) Sec. 2 3 8. Election of other officials, etc. — On the first Tuesday after the first Monday in November, in the year 1880. and every two years thereafter, there shall be an election held in each township in this state, and in each ward of the city of St. Louis, for the election of a member of congress from each congressional district, of senators and representatives in those districts and judges of the county courts in those counties where the term of those elected has expired, and for sheriffs and coroners, and such other officers as may be required by law to be elected at such elections. ( R. S. 1S99, sec. 6982.) Sec. 239. Elections in St. Ijouis conducted, how. — All elections in the city of St. Louis shall be conducted in all respects as provided by the laws now in force regulating elections in said city. (R. S. 1899, sec. 7005.) Sec. 2 4 0. Certnin contests in St. Ijouis. — All contested elections for judge of the criminal or probate court of St. Louis city shall be heard and determined by the circuit court of that city. (U. S. 1899, sec. 7067.) ie ) See State ex rel. vs. Bell supra. *As to electinn.s of justices of the peace and constables, see Chapter V, Art. VI. sees. 173 and 202 note. AUT. 1-3.1 STATI-: LAWS SPRCIAI.I.Y A ri'LICAHLI': TO ST. I.Ol'IS. IJj Sec. 241. I'l-oftTiliiiK-s, liou loiulmtcd. — All proceedings tor contesting elec- tlons, as provided for in the preceding section shall be conducted in all respects as provided for contesting elections of judges of circuit judges. (It. S. 1S"J9. :iec. 70CS.) Sec. 242. ('in nil ;iltoiiii\v or iis>isian( riinli>l-., iiliere heard. — If any election of any circuit attorney or assistant circuit attorney be contested, such contest shall be heard and determined by the circuit court of the county or city wherein either contestant or contestee resides. ( R. S. 189i), sec. 7069.) Sec. 243. I'rweedinKS in such cii.>ies. — .-VU proceedings for contesting elec- tions of circuit attorney, or assistant circuit attorney, shall be conducted in all respects as provided for contesting elections of judges of circuit courts. (R. S. 1899. sec. 7070 — /. ) Sec. 24 4. Provisions to apply to St. Louis city, except. — Except as otherwise provided by law, the provisions of this chapter shall be apijlicable to the city of St. 1a>uIs the same as to counties, and the duties Imposed on officers In counties shall likewise be Imposed on the corresponding officers of said city. (R. S. 1899, sec. 7u7i>— j;.) ARTICLE II. BOARI> OF ELKCTION COMMISSIONERS CREATED— REGISTR.\TION AND CON- DUCT OF ELECTIONS.' HEOISTRATIOXS ASD ELECTIOyS JX CITY OF ST. LOUIS— LAWS 1903. PAOES no-wj. (R.'pinls .\rt. \1II. Chap. 102. Ft. S. 1899. and amendatory acts.) Sec. 24 5. |{<-Kistration of voters. — In all cities of this state now having or which hereafter may have three hundred thousand inhabitants or more, there shall lie a registration of all the qualified voters, and said registration and ths mode of conducting the elections held in such cities shall be governed and con- trolled as i)rovidcd herein, and be subject to all the provisions of the other election laws of this state, so far as the same are not inconsistent or in conllict herewith. (Laws igO.'J, p. 171, sec. 1.) Sec. 24 G. Hoard of election commissioners ci-eated — liow and by whom npp-w Is that of 1903 (Sess. Acts 1903. p. 170 et seq.) which In terms repealed the .%cta of U. .s. 1S99. Art. VIII. Chap. 102 (sees. 7222 to 7269). In how fur the "t the l>i)aril are. or are not. state or eltv officers see: State ex rel. vs. .\pp. IGO; State ex rel. v.q. FIlKKln.i. HI Mo. tlO. The hoard or elertlon Is an administrative body, with sp'Tllle powers ann diitli'S. whli-h (r.-nch upon the Jiidlrlnl pn«-.r vested In the courts: prohibition will Mi: nor will i). f.re by prolill>ltlon or Injiimtlon where ■■■ cannot be ii u^ plnlntllT because the el..ctlon or prl- I before the m ved can be nnullv piisseil upon bv the , t-'".^'- .""■'-' "ill not sit to det-jnuliit.- abstract or speculative (lucstions of" law: Kalbfcll vs. Wood. 193 Mo. 676. 126 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 9. support the constitution of the United States and of this state, and to demean them- selves faithfully and impartially in office, and each to give bond to the state in the sum of ten thousand dollars with security to be approved by the governor, conditioned for the faithful and honest performance of the duties of his said office, and the care and preservation of the property thereof. Said oath of office and bond to be filed in the office of the secretary of state. Said election commis- sioners shall make all necessary rules and regulations, not inconsistent with this article, with reference to the registration of voters and conduct of elections; and shall have charge of and make provisions for all elections, general, special, local, municipal, state and county and of all others of every description to be held in such city or in any part thereof at any time. (lb., sec. 2.) Sec. 2 4 7. IJoard shall print rules and res'ulations — records open to inspec- tion — shall print and fnrnish on demand all official data — hoard shall make report after each election — registry hook for precincts. — Said board of election commis- sioners shall print all necessary rules and regulations not inconsistent with this article, having reference to the registration of voters and the conduct of elec- tions, and shall prescribe (except where the form of any affidavit is prescribed in this article) and furnish the forms of all affidavits required under this article. All books, papers and records in their office shall be subject to the inspection of any qualified voter of the city at all reasonable times. Said board shall cause to be kept in their office the following printed official data, and furnish the same to any qualified voter on demand at the office of the board of election commissioners: 1st. Printed pamphlets or lists showing in numerical order ward boundaries, and in each ward in numerical order precinct boundaries, including statement of location of places of registration and election polling places of each of such pre- cincts, so arranged that the information pertaining to any precinct may be detached. 2nd. Printed lists showing wards and precincts in numerical order, and the names and residences of the judges and clerks of registration and election of each precinct, and the political party to which each belongs. 3rd. Separate printed lists, by precincts, showing names of qualified voters, alphabetically arranged, as they appear on the registry books; giving name, number of line in registry books and residence of such voter, at the time such registry books are delivered to the election commissioners by the precinct registrars at the close of registration. 4th. Similar separate printed supplementary lists, by precincts, of names added as qualified voters to the registry books by precinct registrars. 5th. Also similar supplementary lists, by precincts, of names erased from the registry books by precinct registrars. Gth. Also similar printed supplemental lists, by precincts, of vcpters added, restored or erased by the board of election commissioners. 7th. Also similar printed supplemental lists, by precincts, of voters added or restored by the court. Sth. Also similar [printed] supplemental lists, by precincts, of voters added by the election commissioners or the courts, and w'hose names do not appear on the regular registration lists. 9th. Also similar printed supplemental lists, by precincts, of voters shown by the registry books, to be qualified, but who did not vote on election day. The board shall require registration officers to make report just before their final adjournment, on forms to be prescribed and furnished by the board, of the general conduct of the public, the peace officers, the registration officers and applicants for registration during the days of registration. Any judge or clerk of registration s'.iall, at the same time or within five days thereafter, make separate report of anything which he may think either the said board or a majority thereof should be advised. Similar rei)orts, on forms to be prescribed and furnished by the i).')ard, shall be made by the judges and clerks of election before their adjournment on election day; and within five days thereafter any judge or clerk may make a like seiiarate report to the said board. Such rei)orts shall be carefully preserved by the said board of election commissioners, and shall be subject to public inspec- tion. Within ninety days after each election the board shall make a comprehensive report, and any member thereof may make a separate report, to the governor of the state of everything of public interest relating to the preceding registration and election, and the workings and administration of the election laws; and a copy of such reports shall be at once delivered to the mayor of the city, who. after reviewing them, may make such written suggestions and recommendations to the governor concerning the report and the registration and election, and the operation and administration of the election laws, as he may be advised. Such rei)ort of the board, and suggestions and recommendations of the mayor, shall be suiiject to ))ublic inspection, and shall be printed by the board for the informa- tion ot the voters of the city. Two registry books for each precinct in the city Al;T. :.] STATH LAWS SI'Kfl'ALI.Y A ri'UU'ABl.L'; TO ST. LOUIS. 127 shall Ije provided by the board of election coniniissioiiers for the purpose of rciiis- trutioii In siiih precinct, prepared substantially in the form as provided in this article. In one of the reRlstry books the a|)plicant for registration shall sign his name or make his mark If unable to write, and have the same witnessed, in the column for that purpose, and this resislry shall be known as the oiginal registry book. The other registry book shall be an exact copy of the original and shall be known as the duplicate of the original registry book. Such registry books shall be kept in the office of the board of election commissioners, except on such days as they are in the custody of the precinct registration officers, as provided in this article. During the days of registration such registry books shall be in the custody of the judges and clerks of registration, and the public registry book shall be sub- ject to the Inspection of any resident of the precinct. At the close of each days registration the said duplicate registry book shall be coni|)ared by the judges and clerks of registration, and made to conform to the original registry book, (lb., sec, 3.) Sec. 248, Secretary of r(iniiiii->i<>n and duties. — Such election commissioners shall appoint a secretary of the board who shall hold his office during the pleasure of said commissioners, and he shall give a bond to the stata In the sum of five thousand dollars, with security to be approved by (he com- missioners, conditioned for the faithful and honest performance of the duties of his said office, and shall exercise a general supervisory control and direction over the office, and clerical force a|)pointed by said commissioners, subject to such rules and regulations as the board may from time to time provide, and such clerical force, as far as possible, shall be divided between the two political parties and appointed and approved as hereinafter provided in the case of judges and clerks of election; both as regards the duties to be i)erformed by such clerks, and as to the number. Such commissioners shall have the right and may employ additional clerical force and other assistants from time to time as may be neces- sary to promptly and carefully perform the duties of the office, to be ap|)oinled, divided and approved in like manner. Said secretary and employes shall be sub- ject to the same restrictions and take and subscribe like oaths as said commis- sioners, and file the same in the office of the city register, and a coi)y of the same in the office of the commissioners of election. Commissioners, secretary and judges of elections and registration, and clerks employed in the office of said conindssioners, are hereby authorized and. upon application to them by the affiant. directed to administer all oaths and affirmations pertaining to the administration of the duties of their several offices and in the affairs and business thereof and certify to such oaths, when the same are signed, free of charge. (Laws 1903. p. 173. sec. 4.) Sec. 249. Office of ('iiiiiniissloncis shall provMlc l);dliii-Iui\cs, etc.— duties. — The office of such boanl of election commissioners shall be in the city hall of such city, and shall be kept open for the transaction of the duties and business of said office during business hours. Said election commissioners shall purchase and provide all necessary ballot-boxes, and all books of registration, poll-books, tally-sheets, ballots, blanks and stationery of every descrijition with printed head- ings and certificates and other necessary and proper equipment for the registra- tion of voters and the conduct of such elections, and for every incidental i)urpos«i connected therewith: and shall select and appoint the places of registration and also the polling place in each precinct, and cause the same to be fitted up. warmed, IlKhted and cleaned, and such place or places shall be located in the most i)ublic, orderly and convenient portion thereof. And no room shall be designated or used in which spirituous or intoxicating liquors are sold. (lb,, sec. 5.) Sec. 2.=i0. City to be divided into election districts. — It is hereby made the duty of -Much board of election commissioners for such cities within ninety days after taking effect of this section, to divide such cities into election precincts, regarding ward lines and composed of compact and contig\ious territory, which shall contain as nearly as practicable three hundred actual voters: and in making such division and establishing such precincts, such commissioners shall take as a basl.s the poll-books of the number of votes cast at the last preceding presidential election. At least six months before each subsequent presidential election the election commissioners shall revise and rearrange the precincts and Increase or decrea.se their number on the basis of the votes cast at the previous presidential election for president, making such precincts to contain, as near as practicable. three hundred voters, measured by the vote of such election. The precincts In ewh ward shall be numbered consecutively. (lb., sec. 6.) Sec. 251. Jud);es niid clerks to b«> selected — <]iialiflciUions. — Such board of election commissioners shall, ninety days prior to the first city or state election after this act becomes a law. and each two years thereafter select and choose four qualified voters as Judges of election for each precinct in such city; they must be citizens of the I'nited States; must be men of good repute and character; able 128 STATE LAWS SPECIALLY APPLICASLE TO ST. LOUIS. [CHAP. 9. to read and write the English language, be of good understanding and capable; they must have resided in the precinct for which they are selected to act not less than thirty days before their appointment, and be entitled to vote therein at the next election, and not hold any office or employment under the United States, the state of Missouri, or the city in which such election is held, and not be candidates for any office at the next ensuing election; two clerks of election for each precinct shall also be selected within the same time, and their successors each two years thereafter, by such commissioners, who shall possess the same qualifications as the judges aforesaid. Before entering upon the duties of their offices, each judge and clerk so appointed shall take and subscribe to a like oath as that taken and subscribed by the election commissioners and file the same in the office of the election commissioners. Said judges and clerks shall be appointed for a term ending ninety days prior to the next state election after the election at which they were appointed to serve, and shall during said term serve as judges and clerks at all special, local or municipal elections in such cities; where a vacancy in the office of judge or clerk shall occur from any cause, said commis- sioners shall make an appointment as lierein provided to fill such vacancy. Two of said judges and one of said clerks of election shall belong to and be members of the political party which at the last general state election for state officers polled the highest number of votes for governor, and two of said judges and one of said clerks of election shall belong to and be members of the political party which at said last state election polled the next highest number of votes for governor; and the names of two of said judges and one of said clerks shall be designated by the election commissioner, or commissioners, belonging to and a member or mem- bers of the same ijolitical party as such judges and clerks, subject to ratification by the board of election commissioners; but said board of election commissioners shall accord to each of the aforesaid political parties equal representation in the appointment of judges and clerks. If any person holding the position of judge or clerk of election is found not to possess all qualifications prescribed in this section, or if any such judge or clerk shall be guilty of neglecting the duties of the place, or be guilty of any official misconduct, then such person shall be removed from office by the commissioners, and any such vacancy shall be im- mediately filled by the appointment of a person having the same qualifications as the person whose place he fills, as hereby required, who shall be selected and appointed as this section provides. (Laws 190:3. sec. 7^/!.) Sec. 252. Xanit'S of judges and clerks to be jmblished — qualification.s of any judge oi' clerk may be objected to — boai'd to liear objections. — At the time of such appointment of judges and clerks, the board of election commissioners shall pub- lish for one day in two newspapers published in such city, of opposite politics, in the English language, each having a daily paid circulation of not less than twenty thousand copies, a notice, stating that the persons mentioned below have been appointed to act as judges and clerks in the various precincts enumerated, at all elections to be held for two years following such notice, and should have the qualifications by law required herein for judges and clerks, setting forth the same, and to which party they are respectively supposed to belong, and requesting all persons to Inform the election commissioners as to any want of qualification on the part of any judge or clerk mentioned; that on a day named in said notice, which shall be not more than five days after the day of publication, the board of election commissioners will sit at its office for the purpose of examining into any objections made as to the qualifications of any judge or clerk; said notice shall further state the hours of said session, which shall be from nine to twelve a. m. and from two to ten o'clock p. m., and shall further state that if all objections to the qualifications of judges and clerks are not disposed of on said day, it will sit from day to day between the same hours, until the same are all determined; and further, that any person found disqualified upon such information will be removed and a duly qualified person appointed in his stead. On the day and at an hour named for the beginning of such session, the election connnissioners shall meet at their office and consider the objections made to the appointment of each judge and clerk, beginning with the lowest numbered precinct of the first ward and continuing in regular number to the highest precinct of the ward of the highest number; the commissioners may examine any person appearing before them under oath; they shall decide each case as soon as the evidence therein is before them, and announce their decision, announcing also the dissent of any commissioner if the decision of the board is not unanimous; a minute shall be made of such decision, setting forth all objections made against any judge or clerk, and the finding of the majority thereon, and of the dissenting number, if W) Under this section the board is not vested with the power to remove judges and clerks duly appointed, without an assignment of charges against them author- iziaer removal and a reasonable opportunity to be heard; such Judges and clerks of election are public officers: State ex rel. vs. Maroney. 191 Mo. 531 AUT. 2.1 STATK I,A\VS SPKilAl.l.V APIM.ICABM': TO ST. I.OllS. 129 there be any dissent; if all objections to judges and clerks are not concluded on said day. the coninilssioners shall sit from day to day, between the same hours. and at the same place until all such objections are disposed of; all judges and clerks found to be disqualilled upon such heariuK shall be immediately removed and persons having the necessary qualifications appointed in their iilaces, divided between the two political parties as provided for herein. Within twenty days after the last of said sessions the election commissioners shall cause all the Judges and clerks appointed, who have not been removed or excused from service for good cause, as provided herein, to be qualified so far as it Is possible for them to do so, and any vacancies then existing shall be filled by said commissioners in the same manner as heretofore provided for the appointment of judges and clerks; such notice shall also set forth the wards in numerical order, and under each ward Its precincts in like order, and under each precinct the street and number of ttic place of registration for such precinct. Said notice shall contain under each place of registration the word ■judges," and under it the names of the judges appointed to serve in that precinct, with their respective places of residence; next, the word ■clerks," followed by the names and places of residence of the various clerks appointed to serve in that precinct. (Laws 1903, p. 175, sec. 8.) Sec. 253. Notice of registriitioii days, etc. — It shall be the duty of such election commissioners to give notice by publication on Friday and Saturday preceding the first day of registration provided for herein, in two daily newspapers of such city, of opposite politics, in the English language, and having a daily paid circulation of not less than twenty thousand copies of the time and place of registra- tion In each precinct of the city. (lb., p. 176, sec. 9.) Sec. 251, Uegislration days — registration books. — The judges of election aforesaid shall constitute the board of registry in the precinct for which they are ap|)ointed. There shall be four days for registration, as follows: Monday, Tues- day, Wednesday and Thursday of the seventh week prior to election, and upon which days the judges and clerks shall meet in their respective precincts. A new general registration shall be made in every year in which a presidential election occurs, and just prior thereto. Two registry books shall be provided and furnished to each board of registration by the said election commissioners for the purpose of said registration; the headings to the book shall be so prepared that the registry shall be made alphabetically according to the surname of each person applying, but It shall be arranged so that the residence of such person shall appear Id the first column. The register shall be ruled, and one name shall be written on each line, but no name shall be written between the lines. Under the column '"residence." the name and number of the street, avenue, or other location of the dwelling. If there be a definite number, and If there shall not be a number, such clear and definite description of the place of such dwelling as shall enabel it to be readily ascertained. If there shall be more than one house at the number given by the ajiplicant as his place of residence, state in which house he resides. and If there be more than one family residing in said house either the floor on which he resides, or the number or location of the room or rooms occupied by him. whether front or rear — every floor below the level of the street or ground t)elng designated as the basement, the first floor above such level being designated as the first floor, and each floor above that as the second or such other floor as it may t)e. Under the column '■name." the name of the applicant, writing the sur- name first, and given or Christian name after in full. Under the column '■nativity, ■' the state, county, kingdom, empire or dominion, as the fact stated by the applicant shall be. Under the column "color," the word "white" or "colored," as the fact 1? Under the column '■age,^' the age of said applicant, and under the columa • ' upatlon. the occupation of said ap|>Ilcant. Under the subdivision of the • •ral column "'term of residence." the periods, by days, months, or years, stated 'ly the applicant In precinct, city and state. Under the column "native." the word "yes;" under the column "naturalized. ■■ the word ■■yes." according to the fact 'Tfed. If the applicant be of foreign birth, and has not been naturalized, but has !e a declaration of Intention to become a citizen, then under the column 1-claratlon of Intention. ■' the word "yes." Under the column "qualified voter." I the word "yes" or "no" as the fact shall appear or be determined by the board "f registry. It being, however, required of them to designate as a qualified voter • male person who. If otherwise qualified, shall not at the time of making ;.licatlon. be of age. provided the time when such applicant shall be of the age |.if twenty-one shall be subsequent to the date of his application, and not later Ithan the day of election Immediately following such time of applying, or. If foreign born, whose declaration of intention to become naturalized will have been made one year and not more than five years before such election. Under the •olunin "date of application," the month, day and year when the ap|>llcant pre- sented himself and was adjudged a qualified voter in the election precinct. Under he column ■signature." In one of the r"Klst»'r-i 'li'> ^ijiplicant shall write bis 130 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 9. name. If he is unable to write he shall make his mark after his name is written for him. And his signature shall be witnessed by one of the judges. (lb., p. 176, sec. 10.) Sec. 255. Precinct board of registry — duties. — In the registration of voters, said board of registry shall proceed as follows: They shall open the registration office at eight a. m.. and continue in session until nine p. m. on each of said days. One of the judges shall administer to all persons who shall personally apply to i-egister the following oath, or affirmation: You do solemnly swear (or affirm) that you will fully and truly answer all such questions as shall be put to you touching your place of residence, name, place of birth, age. occupation, your qualifications as an elector, and your right as such to register and vote under the laws of this state, so help you God. Each of said clerks of election and one of said judges of election shall have charge of the registry books and shall make the entries therein required by this article, and one of the judges shall ask the questions as to qualifications, and after he is through any of the judges may ask questions, one of the judges of election may, when necessary, relieve one of the clerks from time to time, as necessity may seem to demand, in making entries in said book. The name of every applicant shall be entered in such registry books, and all the facts shall be therein stated, as herein provided, whether he is entitled to vote or not. If it shall be determined by the board of registry that he is not a qualified voter in such precinct, then an entry shall be made in the appropriate column "no," and if qualified an entry shall be made in the same column "yes." Unless a majority of the judges shall determine the applicant is a qualified voter he shall be entered as not qualified, subject to the applicant's right of. appeal as herein provided. Only such male persons, of the age of twenty-one years, residing in such precinct, as apply personally for registration, or who qualify by affidavit, as provided in this article, shall be entered in such register; but every applicant who would be twenty-one years of age on the day of the next election, or if foreign-born, whose declaration of intention to become naturalized will have been made one year and not more than five years before such election, if otherwise qualified, shall be entered on such register. Every applicant who has commenced to reside in such precinct at least forty-seven days befoi'e such election shall be entered in such registry, and shall be marked "qualified" or "disqualified," as the case may be: but unless on the day of election he resides in such election precinct, he cannot vote therein, although otherwise qualified. At the end of the day's registration each of said judges shall sign his name at the end of the list on each page of the registration book. Any vacancy upon such board of registration on any day of registration by reason of absence, disqualification, refusal to act or otherwise, of any judge or clerk of election, shall be filled by the judge or judges present and the same oath shall be administered by one of the judges present to such judge or clerk as provided for regular judges and clerks. The judge or clerk so appointed shall be of the same politics as the judge or clenc he succeeds.' (Laws 1903, p. 177, sec. 11.) Sec. 25 6. Qualifications of voters. — Every male citizen of the United States, and every male person of foreign birth who may have declared his intention to become a citizen of the United States according to law, not less than one nor more than five years before he offers to vote, who is over the age of twenty-one years, •who has resided in the state one year next preceding the election at which he offers to vote, and during the last sixty days of the time shall have resided in the city w-here such election is held, who has not been convicted of bribery, perjury or other infamous crimes, or of a misdemeanor connected with the exercise of the right of suffrage, nor any officer, soldier or marine in the regular army or navy of the United States, nor while kept at any poorhouse or other asylums at public expense, nor while confined in any public prison shall be entitled to vote at such elec- tion, for all officers, state or municipal, made elective by the people, or at other elections held in pursuance of the laws of the state, but shall not vote elsewhere than in the precinct where he resides and is registered. (lb., p. 178, sec. 12.) Sec. 25 7. Challenges — appeals. — Any voter of the precinct shall be permitted to be present at the place of registration in said precinct, and shall have the right to challenge any applicant who applies to be registered: but if the board is satisfied that such person is a qualified voter, he must be so registered. (lb., p. 179, sec. 13.) Sec. 258. Verification lists — challenges. — The election commissioners shall prepare and furnish to the board of registration in each precinct, three blank-books, to be known as "verification lists," each page to be ruled into columns, and contain pages sufficient for each street, avenue and alley in the precinct. During the progress of registration, or immediately thereafter, the clerks of said board shall transfer all the names upon the register to the left-hand pages of such "verification lists," arranging them according to the street, avenues, alleys or courts, beginning with the lowest residence number, and placing them numerically, as nearly as possible, from the lowest up to the highest number. Tliey shall first write the name of such street, avenue, alley or court at the top of the second column and then proceed AHT. ■-M STATi: l.AW.S SPKCIALLT Am.ICABLK TO ST. lAHIS. 131 to transfer the i-esistered names to the pages of such "verification lists," headed "re.ccistered names." according to the street number as aliove indicated. If, during either day of registration, a registered voter of the ward sliall come before the board of registry and maice oath that he believes that any particular person upou such registry is not a qualified voter, such fact shall be noted: and after the completion of such "verification lists," such board or one of said judges, shall nial- and "verification lists," by leaving the same at such address, if there be such place. Such notice, to be sent through the mail, must be mailed not later than ten o'clock of said Monday morning. I'pon the conclusion of said canvass, the clerks shall make, upon the third copy of the verification lists, the same notations as con- tained on the two lists used by them in making their canvass, and the three lists, when so checked, they shall deliver at the office of the election commissioners not later than eight p. m. of the Monday following their canvass. And it shall be the duty of said commissioners, when complaint is made to tfcem, to investigate the action of such clerks or canvassers, and to cause them to be punished for such neglect of duty. (I^aws 1906. sec. 16.) Sec. 261. Coiiiiiiissionors to print copies of vorillcntlon lists — copy to l)o PirAUl,l-; TO ST. LOUIS. 133 Such ai)i)li«'ation shall be signed and sworn lo by the a|)|>licant. and liloil by hini with said board, and returned by them to the board of election commissioners with the registration lists to be filed in the office of said commissioners. The person making such application shall give the person whose name he or they seek to erase due notice in writing or otherwise, at least one day before the day of said session. If. upon hearing the application, the board of registration conclude lo erase the name they shall so note it on the register. (lb., sec. 19.) Sec. -'t;4. Ihity of ju«Iki".>! on hearing application. — If the judges upon hear- ing said ap|)licaIion conclude that said name should not l)e erased from the register, but their conclusion is reached by the vote of less than a majority of the total num- ber of judges appointed for such precinct, then they shall write on the register opposite the name of said voter the word "challenged," and that word shall appear opposite the name of such voter on the register on election day. (lb., see. 20.) See. 205. Judjies shall sign n-^iistry — resislry lo be .sent (<> conimissioiiers — roniniissionern to pr4i<-een |H-als from circuit court. — As the circuit court decides each case, an order therein shall be entered not later than the Tuesday following the hearing of the a|ipllcatlon. and any i>erson desiring to appeal from such order may appeal '" 'he supreme court of the state, or court of appeals, according to the facts; if :i: liiation be made therefor within two days after the entry of said order, such .i;;.m1 shall be allowed on the giving of an appeal bond in the penalty of two I M' lied and fifty dollars, conditioned to pay the expense of such aiijieal in ca.se his .■.;■ ■ .il be not sustained. The time for filing such appeal bonil and cerllficate of • M i'lire shall be within four days from the entry of said order, and upon presenta- ii"n to the court of a certificate containing the evidence heard at such hearing within said time, the court shall sign the same, and thereupon the same shall become part of the record in said cause. The original record in such cause shall be at once transferred by the clerk of said court to the court to which such appeal lies, and suih aiipellate court, or if it be in vacation, any judge thereof shall proceed at 134 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 9. once to hear and determine the appeal, and the judgment rendered upon such hearing shall be at once certified to the board of election commissioners and also to the circuit court, and the board of election commissioners shall carry out the order made by said appellate court or such judge in vacation. (lb., sec. 23.) Sec. 2 6S. Rojipstration by board or court — no protection against false regis- tration, etc. — No person admitted to any registry by order of any court, or by the [board] of election commissioners, shall be protected by such order in case he should be indicted for false registration or false voting. (lb., sec. z4.) Sec. 269. Transfers of registered voters. — Whenever any person who has been duly registered as a voter by the board of registration of the precinct in which he then resides, and whose name shall have been returned on the registration lists as a voter by the board of registration to the board of election commissioners, after the close of registration shall change his residence from one precinct in said city to another, or from one part of such precinct to another part thereof, before the day of the election for which he is registered as a voter, and shall, after making such change at any time on or before the Wednesday preceding such election apply to the board of election commissioners to have his name transferred from the precinct in which he is registered, or his residence changed from his former to his present residence in such precinct, said board shall cause him to be sworn and examined as to the facts of such change, and his statement shall be taken down in writing and signed and sworn to by him and duly certified by said board; if said board shall be satisfied that the applicant has changed his residence, as stated, and that he is entitled to have his name transferred and his place of residence changed, they snail first cause his name, where he moved from his former precinct,' to be erased from the registry thereof, and transferred to the precinct in which he then resides, or if he has changed his residence from one place to another in said precinct, they shall change his address on the register of such precinct. Ub., sec. 25.) Sec. 2 70. R«>gistration of invalids and absentees.. — If any person who has the qualifications required by this article to entitle him to register as a voter in such city shall be absent therefrom at a distance of more than fifty miles, or confined by illness or other disability to his place of residence, during all of the days appointed for registration prior to any election at which he desires to vote, he may file his application in the office of said election commissioners to have his name registered in the precinct in which he resides. Such application shall be verified by his affidavit and shall show that he has the qualifications required of a voter by this article, and that he was prevented by said absence, sickness or disability from appearing for registration before the precinct board of registry on all of said registration days, specifying such days and stating at what i>lace or places he was during each of said days, and where registration is claimed on account of absence, the day upon which he returned after his absence during said days, or in case of illness or other dis- ability stating the first day upon which such disability was removed. If his applica- tion is based upon his absence, he shall file at the same time the affidavits of two registered voters of said precinct stating that to their knowledge he is a qualified voter, and setting out therein his qualifications, that he resides in said precinct, and that they believe in the truth of his statement in his affidavit as to his reasons for not appearing before said registry board on all of said days of registration, specifying them. Where such application is based upon a physical disability the affidavit of said applicant shall describe the nature of such disability as the same is most commonly desci'ibed, and said affidavit must be accompanied by an affidavit of a physician duly admitted to the practice of medicine in such city, which shall describe such disability as the same is most commonly described, and that such disability continued during said registration days, specifying them, also stating the day on which the same was first removed. Said board shall file all affidavits made as aforesaid and carefully preserve the same. Any voter may make objection to any person being registered upon such application in the manner and form as objec- tions are required to be made before the registry board. The election commissioners shall sit specially to hear such applications on the Wednesday of the first week prior to said election between the hours of nine a. m. and twelve m. and between two p. m. and ten p. m., and if all such applications be not then determined it shall sit on the same hours of the next day. Said applicants shall appear in jierson before th« commissioners on said Wednesday: they may be further examined by the commis- sioners under oath and further testimony taken in favor of or against their applica- tions. All cases shall be heard summarily and decided as soon as heard. If the board shall believe any applicant is entitled to registration according to the pro- visions of this section he shall be registered as a voter; otherwise his application shall be rejected. If registered, opposite his name on the registry shall be entered the word "absentee" or "invalid," as the case may be. (lb., sec. 2G.) Sec. 271. Revi.sod lists of votcr.s — when to be completed and how posted. — - The board of election commissioners shall cause to be printed and ready for distribu- AUT. 2,1 STATIC LAWS SriXMALLV Al'i'l.ICABI.K TO ST. LUL'IS. 135 tlon not later than Friday of the week prior to the election, the revised registry- lists as returned to them by the registration board at the riose of revision, and further corrected as far as may be necessary l)y the judgment of the supreme court, court of appeals, or the circuit court, or transfers by the board of commissioners, or registrations of absentees or invalids as herein provided. In cases, however, where the order of any court shall be received, or any transfer or registration shall be made by the election commissioners, as herein provided, at so late a nel-lio\, register, etc. — The election polls shall De oi)ened at six o'clock in the morning and coniinue open until seven o'clock in the afternoon of the same day. at which time they shall be closed. No judge or clerk shall absent himself to exceed five minutes at any one time imtil the ballots are all cast and counted, and returns made thereof. If any judge or clerk shall not be present after the exiiiration of fifteen minutes from the time to o|)en the polls, or be disqualified, or refuse to act, the judge or judges present shall till the place of such absent judge or clerk, or vacancy, by selecting a person of the sjime political party as the judge or clerk absent. One of the judges shall administer to such judge or clerk the oath required of the judge or clerk originally appointed, and such ai)pointee shall perform like duties and be subject to the same punishment and penalties as any other judge or clerk. If any judge or clerk shall be lifteen minutes late, but shall present himself at the i)recinct for which he Is appointed, and offer to act. at or before seven o'clock in the forenoon, he shall be permitted to act, and the person, if any. who has been appointed to fill his place shall retire but shall be entitled to one-half day's pay provided for judges and clerks hereunder, and the judge or clerk appointed who has failed to be present shall be entitled only to receive the remaining half day's pay; if, however, any judge or clerk shall not present himself at the i>olling place for which he is appointed to act at or before seven o'clock in the forenoon he shall not be permitted to act during that day, nor be entitled to any compensation for tnat day. (lb., sec; 29.) Sec. 274. Bullot-lio.v to be kept in public view — penalt.v. — Refore voting begins the ballot-box shall be empty, and it shall be opened and shown to those present to be empty, and not be removed from public view from the time when showTi to be empty until after the close oit the polls. It shall be locked and the key delivered to one of the judges and shall not again be oi)ened until the close of the polls. If any obstruction shall be. |)rior to or during such election, inter- posed so that all who desire cannot constantly see such ballot-box. it shall be the duty of such judges to remove such obstruction on request of any voter of the precinct, or on their own motion, (lb., sec. 30.) I Sec. 275. Poll-book, how kept. — Each of the clerks of the election shall I keep a poll-book which contains a column headed "number," another headed "residence," and another headed "names of voters." The name and street and I number of the residence of such voter shall be entered upon each of the poll- , book.'! by the clerks. In regular succession, under the proper headings, and the number of such voter. In the order In which he voted, placed opposite the name I In the column headed "number. " (lb., sec. 31.) I Sec. 276. Prot'cihiro wlu-n ballot is offered by voter — in cases of challenge. — One of the said judges of election shall receive the ballot from the voter, and shall announce his residence and name In a loud voice, and shall write on the back of said ballot the number of the same, in the order in which It was received, which number shall also be i)laced opposite the name of the voter in the poll- book, in the column headed "number." and another judge shall put the vote in the ballot-box in the presence of the voter and the Judges and clerks, and In plain view of the public. The jtidge or clerk having charge of the registry shall then, in a ^ column prepared thereon. In the same line of the name of the voter, mark In ink ' or with Indelible pencil "voted." If such person so registered shall bo chal- ai£^ 138 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 9. the day on which, and the numher of the election precinct and tlie ward, and city, in relation to which such statement shall be made, and the time of opening and closing of the polls of such precinct. It shall also contain a statement showing the whole number of votes given for each person, designating the office for which they were given, which statement shall be written or partly written and partly printed in words at length; and in case a proposition of any kind has been submitted to a vote at such election, such statement shall also show the number of votes cast for or against such proposition, written out or partly written and partly printed in words at length, and at the end thereof a certificate that such statement is correct in all respects, which certificate and each sheet of paper forming part of the statements, shall be subscribed by the said judges and election clerks. If any judge or election clerk shall decline to sign such returns, he shall state his reason therefor. In writing, and a copy thereof signed by himself shall be enclosed in an envelope, which shall then be securely sealed, and each of the judges and each of the election clerks shall write his name across every fold at which the envelope, if unfastened could be opened. And the envelope shall be directed on the outside to the election commissioners. Each set of tallies shall also be signed by the election clerks and judges of election, and shall also be enclosed in an envelope, securely sealed and signed and directed on the outside of envelope to said election commissioners. On the outside of envelope shall be endorsed whether it contains the statement of the votes cast or the tallies, and for what precinct and ward. (lb., sec. 3S.) Sec. 283. Poll-books to be placed in ballot-box — to be .sealed, how. — The poll-books which contain the statement of returns shall be placed in the ballot- box, and the ballot-box shall then be locked and the key removed: whereupon said judges of election shall all write their names upon a slip of paper of sufficient length for tne following purposes: Said slip of paper, after the signing of their names thereon by said judges, shall then be pasted over the keyhole of the said box and extending upward to the upper lid of the box ana carried for some distance over the top, and it shall be placed in such a way that the signatures of said judges shall extend across the place of the opening of the lid of the box, so that when the box is opened it shall tear such paper and destroy the signatures written thereon, and when the key shall be inserted in the keyhole it will tear the paper so pasted over the keyhole. Such paper shall be fastened with some adhesive material and so as not to permit the removal of such slip of paper without defacing it. (lb., sec. 39.) Sec. 284. Disposition of ballots. — The judges shall fold in two folds and string closely upon a string or wire, all ballots counted by them, except those marked "defective," or "rejected," unite the ends of such string or wire in a firm knot, enclose the ballots so strung in an envelope, on which shall be endorsed, In writing or print, the number of the precinct, date on which such election was held, and securely seal such envelope, so tnat it cannot be opened without breaking the seal, and return said ballots, together with the package containing the ballots marked "defective" or "objected" or "rejected," in such sealed package or envelope to the election commissioners. Two of said judges of opposite politics shall immediately after signing the statement of the result of the canvass and tally sheets and the sealing of the ballot-box, go together to the office of the election commissioners and deliver said ballot-box and the key thereto to said election commissioners, who shall keep the office open until all of said ballot-boxes have been received. Im- mdiately upon receiving said ballot-boxes saia commissioners shall give a receipt therefor to said judges, and shall place them properly arranged in the order of precinct numbers in boxes which shall be securely locked. Said boxes shall be placed in a vault having a double lock, and said vault shall be locked and keys retained by commissioners of opposite political parties. Said election commissioners shall securely keep said oallot-boxes for twelve months, not opening or inspecting them nor allowing any one else to do so, except upon order of court in case of contested election, or when it shall be necessary to produce them at the trial of any offense committed under this article. At the end of twelve months after said election, said ballots shall be destroyed: Provided, that if any contest of the elec- tion of any officer voted for at such election, or prosecution under this article shall be nending at the expiration of said time, the said ballots shau not be destroyed until such contest or prosecution be finally determined. (lb., sec. 40.) Sec. 285. Statement and tally-sheet to be delivei-ed to coniniissloners, etc. — Another judge shall take a statement of the votes cast into his possession, sealed up in an envelope as aforesaid, and one of the clerks shall take a tally-sheet, sealed up in an envelope as aforesaid, and the judge having possession of statement and the clerk having possession of tally-sheet, shall each, before twelve o'clock of the next day after such election, deliver the statement and tally-sheet to the said election com- missioners, and take a receipt from them therefor. And it shall be the duty of the said election commissioners to receive the same, and keep safely under lock and key until ordered to be surrendered as herein provided. (lb., sec. 41.) 140 STATK LAWS SPECIALLY APPLICABLE TO ST. LOUlS. [CHAP. 9. sistants employed by the board of election commissioners shall be paid by the city. The members of said board of election commissioners shall each receive a salary of three thousand dollars a year, and the secretary of the board a salary of two thousand dollars a year, all payable monthly. The assistants and clerks employed by the elec- tion commissioners shall each receive a salary of four dollars per day for the time actually employed, payable monthly. All office and other expenses incurred by said board of election commissioners, and all office and other expense and all costs and ex- penses of registration and election in such cities shall be paid out of the city treasury. All printing, binding, books, stationery, etc., shall be paid for in the same manner and contracted for by the board of election commissioners. (lb., sec. 47.) Sec. 292. Conipeiisatioii of judges and clerks of election, etc. — The judges and clerks of election and the members of boards of registration and clerks, in cities in this state having 300,000 inhabitants and over, shall each receive five dollars a day, for pay and compensation for their services. When judges or clerks of election shall be required to call at the election commissioners' offices for ballot-boxes, registration books, or for any other purpose, on any day except on election day they shall be al- lowed $2.50 for said services. Said pay and compensation of judges and clerks of election, boards of registration and clerks shall be paid by such city, and the munici- pal assembly thereof is hereby required to make the necessary appropriation for such payments. (lb., sec. 48; amended Session Laws 1907, p. 112.) Sec. 2 93. Majority may act for board. — The act of a majority of such board of election commissioners shall in all cases arising under this article be considered as the act of said board of election commissioners. Sec. 294. Board to audit accounts. — Said board of election commissioners shall audit all the claims of the judges of election and of registration and all other claims, expenses and accounts under this article, and shall draw a warrant therefor upon the proper officer. (lb., sec. 49.) Sec. 295. Repealing inconsistent acts. — Article VIII, chapter 102 of the Re- vised Statutes of Missouri of 1S99, and all acts amendatory thereto is hereby re- pealed, and all acts or parts of acts inconsistent with this act, are hereby repealed. In so far as they are inconsistent therewith. (lb., sec. 50.) ARTICLE III. Primary Elections (in so far only as not governed by the new primary election lav) of 1907, which latter applies to all elective offices, but not "special elections to fill vacancies, nor to county superintendents of schools, to city officers not elected at a general state election, and to town. viUaric and school district officers*)." Sec. 296. Short title and application of act. — The short title of this act shall be the "Primary election law." Except as otherwise herein provided it shall be con- trolling: (1) On the methods of the registration of voters in cities in this state which now have, or which may hereafter have, over 300,000 inhabitants according to the last preceding census: (2) on the conduct of primary elections in such cities; (3) on party conventions in such cities, or for any political subdivision thereof; (4) on the choice in such cities, or in any political subdivision thereof, of the members of Ijolitical committees, i Session Acts 19(il, p. 149. Primary Election Law. sec. 1 — i.) Sec. 297. Definition and construction of act. — The terms used in this act shall, for the purpose of this act, have application as provided in this section, unless other meaning is clearly apparent from the language of the context or manifest in- tent. The term "general committee" shall apply to any committee chosen in pursu- ance hereof, or of the rules and regulations of a party, to represent the members of such party in any such city; and the term "committee" shall apply to any committee chosen in like manner to represent the members of a party in any political subdivision of such city. The term "convention" shall apply to any assemblage of delegates of a party in and for any such city, or in and for any political subdivision of such city, duly convened for the purposes of nominating candidates for public office, electing delegates to other conventions, electing members of political committees, or transacting any other business relating to the affairs of a party. The term "primary election" shall apply to any election by the members of a party duly convened in any such city, or in any political subdivision of such city, of delegates to a convention, or of party committeemen, or of candidates for public office, or to any such election upon any questions submitted to the vote of a party. The term "primary period" shall apply ♦The new primary law therefore in nearly all ca.ses supersedes the primary law as g:iven in this article. The provisions of said new act of 1907 were enacted too late to appear in this revision in nunierioal order, but (hey are set out in full herein- after, and designated as .Article IV of this Cluipler. The provisions of this article III, following next hereinafter, are the acts of 1901. pap:es 149-165, which rept-aled prior inconsistent acts. (For the old law see Mun. Code, pases 121-123). Primaries were regulated by art. 4. eh. 102 R. S. 1S99. in so fa'r as the provisions of the article are not altered by the St. Louis primary act: Sieber vs. McCafferv. lOS Mo, App. 49. 56. The board acts in an administrative and not Judicial capacity: kalbfell vs. Wood, 193 Mo. 6S". » (7) .\s stated in the preceding note the application of this act is. since the enact- ^(j^. ment of llie primary Uiw of 1907. very limited. AI!T. 3.1 STATI-: LAWS SPECIALLY APPLTC.XHLIC TO ST. LOIMS. HI to the time Intervening from the date of the election of state ofticers to the date of the nc.vt subsequent election of the same ofticers. The term 'parly" sliall a|)i)ly to any political organization which, at the last preceding election, polled at least Iii.Uiki votes for (lovernor, or for supreme judge if the governor was not elected at such election. No orKaiiization or association of citizens solely for the election of city officers shall be deemed a political party within the meaning of this act. and membership in any such organization or association shall not prevent an elector from voting and acting as a member of a political party, (lb., sec. 2.1 Sec. 29S. I'riinary registriUion l>(>< in In- pii-pared. — The election com- missioners In all cities in this state to which this act is applicable, shall cause to be prepared, within ninety days after this act shall become a law and Ije in force, original primary registration books to the number of two for each election precinct. Such regi.stralion hooks shall be so arranged that the names of all the electors of the elec- tion precinct may be inscribed therein aiphaebtically ; there shall be fourteen columns on each page: the first for the surnantes of the electors: the second for the christian names of the electors: the third for their residence addresses: the fourth, fifth and sl.\th. for the words at the top of page. "Ist official," "2nd official." ".ird official." respectively, and over same the word '•Democratic:" the seventh, eighth and ninth, for the words at the top of page. "1st official." "2nd official. ' "3rd official." respect- ively, and over the same the word "Republican:" the tenth and eleventh for the word at the lop of page "unofficial:" said last eight columns shall be of sufficient wMdth to l>erniit the word "vote Th.- inof|i> of railing nominating convi-nllons la prcucrlbed by this section. ■-■■'.^1 t>y a convontion wh<»re th*» olfollon commissioners have not piibltshecl prlnmrl.'.i an r>Mnilrc.l by this si'otlon. Is not cntltlod to a place on the r vs. McrnfTfry. lOS Mo. App. 49. 56. 144 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 9. be received and filed from any ward in such city, or district in such city, except the petition therefor be duly signed by each elector whose name is submitted for delegate therein, .and the same be endorsed by at least twenty qualified electors of such ward, evidenced by their signatures to a petition therfor, giving their residence address, and such petition shall be certified to by the committeeman or person filing the same, who shall make oath that the same is offered bona fide, and that the delegates named therein, and the petitioners signing the same, are actually resident qualified voters of tlie ward for which said delegation is offered, and that all said delegates and peti- tioners are members of the political party whose primary Is to be held under the call for such primary, and that no name appears on the list of delegates submitted therein, which appears on any other delegation filed in said ward, as he verily believes. The election commissioners shall not receive and file any subsequent delegation from any ward to be voted for at such primary which contains the name of any delegate whose name appears on the list in any former delegation. Whenever a delegation is filed from any ward under the provisions of this act the same shall not be withdrawn for any reason, and it shall be the duty of the election commissioners to place the same on the official ballot to be voted for at such primary. All changes in tlie personnel of any delegation shall be made within three days from tlie last day fixed for filing dele- gations, and shall be only made at the written request of the person whose name is to be withdrawn, or at the written request of a majority of the electors composing such delegation, and the person filing such delegation shall thereupon substitute in each case of withdrawal the name of some other qualified elector residing in the ward in which such change is made. The party, committeeman, or person, filing such delega- tion shall, at the time he files the same, submit to the election commissioners the names of three resident qualified voters of each primary district in the ward for which such delegation is filed, for primary election judges in such districts, together with the names of three resident qualiled voters of each primary district in such ward, for clerk and challenger. All the names thus submitted must be of electors belonging to the political party for which such primary is held, and must be reputa- ble citizens actually residing in the primary district in which they are to serve. If there be but two delegations filed in any ward, the election commissioners shall select two judges out of the list submitted for judges for each delegation, and one clerk and one challenger out of the list submitted therefor. If there oe more than two delega- tions filed in any ward, the election commissioners shall select from the list submit- ted with each delegation, one judge, one clerk, and one challenger, to represent the same at such primary. The judges and clerks thus selected shall qualify before a member of the board of election commissioners, or the secretary of such board, in the manner required of judges and clerks who serve at general state elections. If any judge, clerk, or challenger, thus appointed and qualified, shall fail to appear at the poll at which he was selected to serve in any primary district, within five minutes after the time fixed for opening the polls thereat, the committeeman, or person who submitted his name, or if not present, some member of the delegation in whose be- half his name was submitted, shall choose another resident qualified voter in such district, belonging to said party, who shall qualify before one of the judges present in the manner provided by law in such cases at general elections, and shall serve in the place of such absentee. All judges and clerks who serve at primary elections un- der the provisions of this act shall receive as compensation therefor the sum of three dollars per day. (lb., sec. 14 — A.) Sec. 310. Proceedings wlien candidates for office are iioniiiiated by primary. — It the general committee representing a party in any city to which this act is ap- plicable, or the committee in any district in such city, shall determine to nominate a candidate, or candidates, for public office, or committeeman for said party, by direct vote of the electors, the chairman of said committee shall notify the election commis- sioners of such fact, stating what nominations are to be thus made, the date fixed for such primary election, and said election commissioners shall forthwith make publi- cation thereof as hereinbefore provided in case the call is for a delegate convention. All candidates submitting their names for nomination for public office at the primary (*) Any twenty qualified voters (in a case arising under the act of 1S97) of a ward, memliers of tlie party ordering tlie primary. nia>' l)y proper petition and tlie required deposit, liave tlie delegates' names placed mi the ballots: and wlien the delegation is duly recognized by tlie lioard it is duly nominated and eacli member en- titled to be voted for and a second petition by twenty other voters under anotlier caption cannot be filed which lias the same persons on its delegation, and which would, if recognized, give tlie rigjit to present the names of additional clerks and judges to the election commissioners: .Johnson vs. .lones. S2 Mo. App. 204. ITnder the same primary law in force when the above case was decided (R. S. 1899. sees. 7H6-7161) it was held that mass-meetings held for tne election of delegates to a congressional convention were not excluded as a lawful method, the law only reciiiiring that if primaries were held, that then they be held in tlie manner desig- nated: State ex rel. vs. McCaffery. 160 Mo. 317 (holding also that it made no difference that a. different method had first been determined on liy tlie committee if such action be properly rescintled by a full quorum of the committee). ART. 3.] STATK LAWS SPECIALLY Al'PMC'ABLR TO ST. LOUIS. 14.-, thus called, shall file with the election conimlssioners within the time fixed to file delegations as iirovlded in section 12 of this act, a petition duly slprned by at least one hundred qualified electors of the city, or If from a district la such city, then at least twenty-five orlion anions such candidates, as nearly as may be. the expense of conductlne said ]irlmary, taking into account only the sums of money necessary to pay the per diem of the |)rimary judges and clerks, and all candidates thus submit- ting their names for nomination shall within three days after the last day fixed for filing their petitions, pay into the election commissioner's office, the amount assessed against them as their just proportion of such expense. Said election commissioners shall not place the name of any candidate for nomination on the official i)rlmary bal- lot who shall fall to fully comply with the provisions hereof. The judges, clerks and challengers, who serve at such primary shall be selected by the election commission- ers from lists submitted by the managing committee of the party holding the same. ( lb., sec. I,') — /. ) Sec, 311. Ballots. — If the call for such official primary election shall require nominations to be made by a delegate convention, the election commissioners shall prepare an official ballot on white pa|)er of good quality, which shall contain the names of each delegation in any ward, grouped together, and side by side. Over each delegation shall be printed a caption designating the same, which in no case shall consist of more than three words. If the official call for such primary shall require candidates to be nominated by the direct vote of the electors, the election commissioners shall group the names of all the candidates for a given office to- gether, with a caption above each set of candidates, designating the office for which they seek nomination, and all of said separate .groups of candidates shall be printed on while paper of good quality, and in a single column. .\1I ballots shall be i)rinted plainly in good sized type and with black ink, and all printing on such ballots shall be of uniform size, excepting the captions thereon. After such official ballots for. such primary election shall have been printed, the election commissioners shall se- curely keei) the same and deliver to the judges of each primary district within twenty- four hours preceding the time fixed for opening the polls at said primary, a sufficient numlH^r of s;»id ballots to accommodate the electors in each i)rimary district. Such ballots shall be by said election commissioners placed in the ballot-boxes, which boxes ill be securely locked, and the ballots and boxes shall be thus delivered to said xes. The jmlges of primary election shall not deliver to any elector, or other ^on, any of the ballots, until after the opening of the polls, and shall then deliver one ballot to any elector, who shall vote the same, or return it to the judges •re leaving their presence. In case an elector shall require a second ballot, he 1 return the first one given him, and the same shall be by the judges openly de- •yeoninK of polls, and voting »• official primary elections, — ,Sul)ointed and qualified as re- red in this act In each primary district, two of the ballot-boxes used at general ••> elections, together with the keys to said boxes. Such ballot-boxes shall be se- ■ly looked, and one of them shall contain the official ballots for such primary rlct. as required in section 14 of this act, and said ballot-boxes shall not be opened il the hour of one o'clock !>. m. on the day of such official i)rlmary. At said hour !<«id boxes shall be 0|>ened, ancl the one found not to contain the ballots as aforesaid shall lie publicly examined, and nothing shall remain therein. After such last named ballot-box shall be found to be entirely empty, the same shall be closed and securely I (/• In ai'Icotlnit lb>' JudK<-s. dorks nnci rhnllpnKPrs (\inolls are declared closed by the judges said watchers may re-enter the polling place and there remain until after the announcement of the result of the canvass of the votes cast thereat and the signing of the statement thereof by the judges. Electioneering shall not be allowed within any polling place, nor shall it be allowed within fifty feet of the door through which electors desiring to vote shall enter. No police officer, or deputy sherifl, or other |)eace officer shall remain with any polling place except when called in by one of the judges, and then only so long as may be necessary to quell actual or threat- ened breaches of the jieace. or enforce the law. Any candidate being voted for for nomination for public office at any primary may be his own watcher if he so desires, desires. Sec. 314. Caiiva.ss of votes. — Subdivision 1. As soon as the polls at any official primary election shall close the judges of election shall forthwith publicly canvass and ascertain the result thereof, and they shall not adjourn or postpone the canvass until it shall have been fully completed. All questions touching the validity of ballots or their conformity with the provisions of this act shall be determined by said judges. The room in which such canvass is made shall be clearly lighted, and such canvass shall be made in plain view of the public, and in plain view of the watchers representing the parties as hereinbefore provided. The judges shall proceed to canvass the vote liy counting the total number of ballots found in the box to have been voted, and comparing the number of ballots so found to have been voted with the number of electors marked "voted" on the original primary registration books. They shall then proceed to count the number of votes received by all persons voted for by direct vote of the people for any office, and make out a statement which shall be signed by them showing the total number of votes cast for each such person running for a particular office named and shall certify the result over their own signatures to the election commissioners immediately after such canvass is completed. In case Ihe purpose of such primary shall be to elect delegates to a political convention, said Judges shall first verify the number of ballots voted in the ballot-box with the number of electors marked "voted" on the original primary registration books, and they shall thereafter canvass the number of votes cast for each person whose name is voted for at such primary for delegates to any convention, and immediately certify to the elec- tion commissioners over their own signatures the names of all persons voted for as delegates and the number of votes cast for each. If two or more ballots shall be found In the ballot-box so folded together as to present the appearance of a single Iwllot they shall be destroyed, if the whole number of ballots in such box exceed the whole number of electors marked "voted." as shown by the registration books, and not otherwise. If any ballot shall be rejected as void, the reason for such rejection shall be written on the back thereof by one of the judges, or by the clerk of election at the direction of one of the judges. All ballots returned as void shall be secured In a separate sealed package, which shall be eJidorsedivision 2. The ru^s and regulations of parties and of the conventions and committees thereof shall not be contrary to or inconsistent witn the provisions of this act, or of any other law of this state, and shall not be amended except upon reasonable notice. Every political committee shall, within ten days after its organi- zation, file with the election commissioners a certificate spefifying the names and ad- dresses of its chairman and secretary. If any change shall thereafter be made as to either of said officers, a like certificate shall be filed with said commissioners. (lb., sec. 21.) Sec. 317. Conventions. — The delegates to every party convention in and for any city to which this act is applicable, or district in such city, shall be apportioned among the wards in such city, or district, as nearly as possible upon the basis of the number of votes cast therein for the party candidate for governor at the last preced- ing general election, or for supreme judge, if the office of governor was not filled at such general election. If the boundaries of any such ward or district shall have been changed since the last preceding general election, the party vote tor governor or supreme judge, at such election within the limits of such newly constituted ward or district shall be estimated as closely as possible, and the apportionment of delegates shall be made in accordance with such estimate. The room designated for the meet- AKT. 3.1 STATi: LAWS SPKCIALLY AlT'LICABl-i; TO ST. LOUIS. l^Q iug place of any convention shall have ample seating capacity for all delegates and allernates. Every convention shall be called to order by the chairman of the com- mittee from whom the call originates, or by a person designated in writing for the purpose by such ctialruuin, and such chairman or person so designated shall have the custody of the roll of the convention until it shall have been organized. No conven- tion shall proceed to the election of a temporary chairman or transact any business until the time fixed for the opening thereof has arrived and at least a majority of the delegates named in the official rolls shall be present. The roll call upon the election of a temporary chairman shall not be delayed more than one hour after the time specified in the call for the opening of the convention: Provided, a majority of the delegates are present. The temporary chairman of the convention shall be chosen on a call of the roll. The person who calls the convention to order shall exercise no other function than that of calling the official roll of the delegates upon the vole for temporary chairman and the declaring of the result thereof. The committees of a convention shall be appointed by the convention, or by the temporary chairman, as the convention may order. Unless the convention shall otherwise order, the per- manent chairman shall be chosen on roll call. The permanent officer shall keep the records of the convention and within forty-eight hours after the adjournment thereof, shall certify and file the same in the office of the elec- tion commissioners, before entering upon their duties, the temporary and permanent chairman of every convention, and the chairman of any committee on contested seats therein, shall respectively take an oath to faithfully perform the duties of their of- fices, which oath may be taken before any officer authorized by law to administer an oath, and shall form a part of, and be filed with, the records of the convention. Each convention shall decide all questions as to contested seats therein. (lb., p. 162, sec. 22 — HI.) Sec. 31S. Jurisdiction of oiul review by the coiirtK. — Any action or neglect of the officers or members of a political convention or committee, or of any judge or clerk of i>rimary election, or of any public officer, or board, with regard to the right of any person to participate in a primary election, convention or committee, or to register, or with regard to any right given to, or duly prescribed for, any elector, political committee, political convention, officer or board, by this act. shall be review- able by the appropriate remedy of mandamus or certiorari, as the case may require. In addition thereto, the supreme court of this state, or any justice thereof, or the court of appeals having jurisdiction over any city to which this act is applicable, or any judge of such court of appeals, or the circuit court of any such city, or any Judge of such circuit court, shall have summary jurisdiction, upon complaint of any citizen, to review such action or neglect. Such complaint shall be heard upon such notice as the said court or justice or judge thereof shall direct. In reviewing such action or neglect, the court or justice or judge shall consider, but need not be con- trolled by any action or determination of the regularly constituted party authorities upon the questions arising in reference thereto, and make such decisions and order as. under all the facts and circumstances of the case, justly may require. For any of the purposes of this section, service of a writ of mandamus, certiorari, order or other process of such court, or justice or judge thereof, upon the chairman or secretary of ich convention, comniitiee or bo;.rd shall 1.-^ sufficient. (lb., sec. 23 — n.) S«»c. 319. Optional to certain parties.- — No party which, at the last preceding election of a governor or supreme judge, cast less than ten thousand votes for gov- ernor or supreme judge, shall be subject to the provisions of this act, unless, on or before the first day of May, in any year, such party shall elect to come in under the same. The evidence of such election shall be a certificate filed by the chairman and secretary of the state committee of such party with the election commissioners in each city in this state to which this act is applicable. In case such a certificate shall be so filed, the party on behalf of which it is filed shall be subject to the provisions of this act on and after the date of filing the same with said election commissioners and thereafter its registration, primary elections, conventions and committees shall proceed, in accordance therewith, until such time as a certificate of its election to be no longer subject to the provisions of this act shall be filed with the officers above •aentloned. (lb., p. 163. sec. 24.) Sec. 3 20. Crimes and puni.shnient.s. — -Misdemeanors at. or In connection with, political caucuses, primary elections, registrations, committees and conventions. Any person who: . -, . .'. liether district delegates are duly accredltod c.r not Is to be settled by the ity convention: Slob.T vh. .Me('ufrtT>-. lOS Mo. App. 49, 60. <») ThI.i soctlon (!i<-c. 23 of act of ISOI) iloi-.s not authorize the circuit court by certiorari to (llrcct the olfotlon rommls»lon court: ttint section does not purport to cover a contested election with either MrtlornrI or mnmlnmus. nnil hence neither writ Is "appropriate:" .State ex rel. vs. Rrvnolds I'J" M.. ".Ts s... ii.,.> ,it...| rlmary election law. or otherwise by law, or violates auy of the provisions of tho primary election law, or makes or attempts to make any false canvass of the ballots cast at a political cancus. primary election or convention, or a false statement of the result of a canvass of the ballots cast thereat; or 13. Being an election commissioner, or an officer of a political committee, or of a convention, who Is charged with, or assnmes, the duty of making up the preliminary roll of any convention, willfully Includes in such roll the name of any person not certltled to be elected thereto in accordance with the provisions of law, or who will- fully omits from such roll the name of any person who is so certified to be a delegate to such convention; or 14. Who tears down, removes, defaces or destroys or displaces, or attempts to tear down, remove, deface or destroy, or displace the duplicate statement of the result of any primary election, posted up in the polling place where such primary has been held. In accordance with subdivision 2, of section S of this act; Is guilty of a mis- demeanor, punishable by imprisonment for not more than one year, not less than six months, or by a fine of not more than five hundred dollars, or by both such tine and Imprisonment. (lb., p. 163. sec. 25.) Sec. 321. Inconsistent acts repealed. — All acts and parts of acts Inconsistent with the provisions of this act are hereby repealed. (lb., p. 1G5, sec. 2G.) AUTICl.K IV. Primary Election Law of March 18, 1907, (Session Laws 1907, pages 263- :70; applicable In all cases except as Indicated in section one thereof*). AN ACT to provljo for party nominations by direct vote. SECTION 1. Shall oppl.v to what ofTlces. 2. Whore and wlien held. Secretary state to certify names. County clerk to publish. Form of baiiOt. Nomination papers — form. Tetltlon for nomination. Qualillcatlon of signers. F'etltlon shall he signed by whoin. Basis of percentage, how determined. Nomination pap«rs, where tiled. I>uty of secretary of state. Notice to be published. How published. Ballots to be printed. Clerk to prepare sample ballot. ers for the candidate named therein. Sec. 12. At least liftylivo days before any primary preceding a general election, the secretary of state shall transmit to each county clerk a certified list containing the name and postoflic^ address of each person for whom nomination papers hav« been filed in his office, and eulillou to be voted for at such primary, together with a designation of the office for which he is a candidate, and the party or principle he represents. Sec. 13. Such clerk shall forthwith, upon receipt thereof, publish, under the proper party designation, the title of each office, the names and addresses of all persons for whom nomination papers have been filed, giving the name and address of each, the date of the primary, the hours during which the polls will be opened, and that the primary will be held at the regular polling places in each ])recinct. It shall be the duty of the county clerk to publish such notice for three consecutive weeks prior to said iirimary. Sec. 14. Kvery publication required in this act shall be made in at least two, and not to exceed four, newspajiers of general circulation in such county; one of such news|)apers shall represent the political party that cast the largest vote in such county at the preceding general election, and one of such newspapers shall represent the political party that cast the next largest vote in such county at the preceding general election. In any case where the publication of notice cannot be made, as herelnt)efore required, it may be made in any newspaper having a general circulation In the county in which the notice is required to be published. Sec. 15. An official ballot shall be printed and provided for use at each voting precinct In the form provided herein. The names of all candidates for the respective offices, for whom the nomination papers prescribed shall have been duly filed, shall be printed thereon. Se<-. 16. At least twenty days before the August primary each county clerk shall prepare sample official ballots, placing thereon, alphabetically, under the appropriate title of each office and party designation, the name.s of all candidates to bo voted for In the precinct of his connty. for whom nomination i)apers have been filed. Such sample ballot shall be printed upon tinted or colored paper, and shall contain no blank endorsement or certificate. Such clerk shall forthwith submit the ticket of each party to the county chairman thereof, and mail a copy to each candidate for whom nomination papers have been filed with him. as required by this act. to his posloffice address, as given in such nomination paper, and he shall post a copy of each sample ballot in a conspicuous place in his office. On the tenth day before such i>rlniary the county clerk shall correct any errors or omissions in the ballot, cause the same to be printed and distributed, as required by law. in the case of ballots for the general election, except that the number of ballots to be furnished to each precinct shall be twice the number of votes cast thereat in the last preceding general election. Sec. 17. All ballots, blanks and other supplies to be used at any primary, and all exi>enRes necessarily Incurred in the preparation for or conducting such primary, shall be paid out of the treasury of the city, county or state, as the case may be. in the same manner, with like effect, and by the same officers as in the case of elections. Sec. IS. At all primaries there shall be as many sejiarate tickets as there are parties entitled to participate in said primary election. There shall also be a non- partisan ticket, upon which under appropriate title of each office, shall be printed the names of all persons for whom nomination papers shall have been filed, as re- quired by this art. who are not designated on such nomination papers as candidates for any political party, as defined by this act. The names of all candidates shall be arranged alphabetically, according to surnames, under the appropriate title of the respective offices, and under the proper party designation upon the party ticket, or upon the nonpartisan ticket, as the case may he. If any elector write upon his ticket the name of any person who is a candidate for the same office upon some other ticket than that upon which his name is so written, this ballot shall be counted for such person only as a candidate of the party upon whose ticket his name is writ- ten, and shall In no case l)e counted for such person as a candidate upon any other ticket. In rn.embers of the party state com- mittee, which state committee, being comi)osed of two members from each congres- sional district in the stale, shall meet at noon on the second Tuesday of September at the state capitol and organize by the election of a chairman, who shall be chair- man of the state committee, and by the election of a secretary aner cent of all the votes cast at such election in such county, shall appoint three judges and one clerk for such primary election for each election precinct In such county outside of such city, and In all such cities the judges and clerks of election regularly appointed and commissioned for regular elections shall •cl as judges and clerks of all primary elections held under the provisions of this act. I Sec. 32. The provisions of the statutes now In force In relation to the holding ; of elections, the solicitation of voters at the polls, the challenging of voters, the manner of conducting elections, of counting the ballots and making return thereof. and all other kindred subjects, shall apply to all primaries In so far as they are con- sistent with this act. the Intent of this act being to place the primary under the regulation and protection of the laws now In force as to elections. Sec. 32a. That any duty devolved upon or power given to the county clerk by this wH shall, in the city of St. Louis, be performed by the board of election com- missioners for said city, or a majority of them. Sec. ,'?3. .-Ml acts or parts of acts Inconsistent with, or In conflict with the pro- irlslons of this act. are hereby repealed. 156 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 9. Sec. 33b. The state committee of any political party may call a convention of delegates to be apportioned, chosen or elected in such manner as it may prescribe, for the purpose of nominating presidential electors, electing delegates to national conventions, electing members of national committees, adopting or making such dec- larations of party principles with reference to national questions as may be deemed advisable, and to do and to perform any other act not prohibited by or inconsistent with this law. Approved March 18, 1907. In connection with the election laws there is subjoined hereto, the act of March 15, 1907 (Session Laws 1907, p. 262), respecting United States senators, though the same is not strictly included within the scope of this work. ELECTIONS, PRIMARY: U. S. Senator. AN ACT to provide for the selection of tlie caucus nominee for United States senator, and instructing- the members of the general assembly of the state of Missouri to vote for said nominees. SECTION I SECTION 1. Candidates for U. S. Senate to be ' \. Duty of county clerk to prepare voted on. when. Application to be filed with secretary of state. .Secretary of state to certify list. ballot. Vote, how counte-.^ Who declared nominee. Be it enacted hy the General Assembly of the State of Missouri, as follows:: Section 1. At each general election held in the state of Missouri, at which a legislature is chosen, whose duty it shall be to elect a United States senator, accord- ing to the laws and Constitution of the state, the names of the candidates of each political party for said office of United States senator shall be placed upon the ballots of the political party to which the candidate belongs, of the several political parties, and be voted upon at said general election. Sec. 2. At least sixty (60) days prior to said general election each person de- siring to be a candidate for the office of United States senator shall file with the secretary of state his application, stating his full name, residence and postoffice ad- dress, also the political party to which he belongs, and upon whose ticket he wishes his name entered as a candidate. Sec. 3. The secretary of state shall, at least thirty (30) days prior to the gen- eral election, make out separate lists of the candidates for each ticket and arrange them in alphabetical order in relation to the surname, and certify a true copy of each ticket to each county clerk in the state, and to the proper officer in the city of St Louis. Sec. 4. The county clerks and the proper officer in the city of St. Louis shall have these names printed upon the official ballots to be voted at such general election. The names shall ije printed in the order as arranged by the secretary of state, and the list of each party's candidates shall be placed only upon the ticket of that par- ticular party. The names shall be placed as aforesaid under the heading "Candidates for United States senator," and shall b? i)!aced immediately following the caption or heading of the ticket. Immediately underneath the heading, "Candidates for United States senator" shall be printed in small type, and in parenthesis, the following in- structions to voters: "Draw a line through all the names you do not wish to vote for." The voter may scratch out all the names of candidates for the United States senate on one ticket and_ vote for some person not on any ticket, by writing said name underneath those scratched out. and said vote shall be counted for the person thus voted for; but no voter can vote on one ticket for any candidate for United States senator whose name officially appears on any other ticket. Sec. 5. The vote for United States senator shall be counted, recorded and cer- tified to the same as the vote for all other officers. Sec. 6. The person found to have the largest number of votes, upon the ticket that shall have a majority on joint ballot in the joint assembly of the state legis- lature, at the session held next after said election, shall be declared to be the caucus nominee of said political party, and all members of said party in the legislature shall vote for said person. Likewise the caucus nominees of the other political parties shall be the persons receiving the highest number of votes upon their respective tickets. Approved March 15, 1907. i-HAT 111 I sTATi; LAWS si'i:i'iAi.i.v APPi.ir.\m,i': TO ST. LOUIS. 157 CHAPTER TEN. KIKIO.MIONS f'RNSIONS.* Section 322. Firemen's ponsiuii iiiml aiiilidrized. — Any fire department ex- isting by authority of the laws of this siat<>. or any niunlcii)al authority thereof, in any city In this state now having or which may hereafter aiiiuire a popiilalion of more than one hundred thousand inhabitants, is herel)y authorized and empowered to create funds for the purpose of pensioning firemen, and affording relief to tnembers of such lire department when sick, or who may become disabled in the service, or retired, and provide for the relief of the families and other dependents uf such firemen in case of death, under such rules and regulation as may be unacted by the board of trustees of such funds, subject to the provisions of this »ct, and not inconsistent with the constitution and laws of this state. (Laws 1903, p. 87, sec. 1.) Sec. 323. Iliiiiiirary Meiiiliers. — The board of trustees may provide for the admission of honorary members of the department in such manner and under such onditions as may be set forth in the rules and regulations enacted by said board )t trustees. (lb., sec. 2.) ?ec. 324. IJourtl of Trustees. — In cities, the treasurer, the counselor, the •lerk or register, and the comptroller, where such office exists, the chief officer if the fire department, four delegates at large from the fire dpartment, to be elected ly the members thereof on the first Monday of December of each year, whose :erm of office shall be for one year, and one delegate from the retired or pensioned list, to be elected by the retired or pensiond members on the first Monday of De- cern ber of each year, whose term of office shall be for one year, shall constitute ind be a board to be known as the "board of trustees of the firemen's pension fund." The board shall select from their members a president and secretary. I lb., sec. 3.) Sec. 32.'). Treasurer. — The treasurer. In all cities In this state to which this irt Is applicable, shall be ex officio treasurer of said board, and as such shall have ■harge of the funds and securities provided for herein. He shall give such bond as he board may require, and shall be subject to the order and direction of the board, lib., sec. 4.) Sec. 3 2(;. Kelief fund and retirement fund — sources of revenue. — The reve- lues which shall form and maintain the fire department pension funds in cities to *hlch this act is applicable, shall be divided as follows, viz: first, into the "relief 'nnd." and, second, into the "retirement fund." Said funds shall be created as lereinafter provided, and shall be separately kept, and used only as provided in his act. The funds which shall be credited to and form the "relief fund" shall be ••alized and secured from the following sources: all moneys and securities re- ualning In the hands or under control of any incorporated fire department i)ension • •! nnd relief association existing in any such city at the time this act shall take which may be transferred to said fund by authority of the members of such i.ition. and all moneys which may now be under the control of any board of ruslees of the firemen's fund, or firemen's pension fund, in any such city at the Ime when this act shall take effect: all moneys derived by any such city from he sale of all condemned stock, horses, mules, condemned hose, or other lire ap- .larntus of every kind or description, which may be set apart to said fund by act or ' .ince of the municipal authorities of such city; all moneys received from re- '. or surplus material or article of value coming into the department and dis- : of and sold by the officers of any such city, which may be set apart to said tiy act or ordinance of the municipal authorities of such city; all moneys 1 and collected by any court as fines for the violation of the laws in relation to ,hc construction of any certain class of buildings of prohibited materials within ^e fire limits of any such city as established by law or ordinance, which may be ct apart to said fund by act or ordinance of the municipal authorities of such Hy. all fines derived from any violation of any building law or ordinance in any uch city, which may be set apart to said fund by act or ordinance of the municipal 'uthorltles of such city; all fines and penalties that may be collected for violating •le municipal laws or ordinances regulating the quantity, quality or storage of ••troleuni, coal oil, gasoline, turpentine, or any product thereof, all hemp, cotton. owder, giant powder, dynamite or other combustible or inflammable substance, |]uld or material that is considered extremely dangerous or hazardous, which li.iy be set apart to said fund by act or ordinance of the municipal authorities of such ilty; all moneys derived from licenses or privileges to store or manufacture coal II. petroleum, gasoline, turpentine, powder, giant powder, dynaniit... hcinii, rntfr.n, r other combustible or Inflammable substances, llqui.l •ThiB art accpptt-d by ordlniini-p 21467 — now Rov. Code See. 304. The art woh an- loriipd by amrndmrnt to Constitution of Art. IV. Sfc. 47. 158 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 10. sidered extremely dangerous or hazardous, which may be set apart to said fund by act or ordinance of the municipal authorities of such city; and all moneys derived from any and all other sources that may by any law or ordinance of this state, or any municipality thereof, be set apart for the benefit of any such fire department pension fund in any such city in this state. The funds which shall be credited to and form the "retirement fund" shall be realized and secured from the following sources: All initiation fees and dues from the active and honorary members of the department; all moneys derived from citizens or others for services rendered by any such fire department to such citizens or others for pumping out cellars, filling cisterns, removing dangerous walls, buildings or other obstructions that are injurious or dangerous to the inhabitants of any such city, and the emoluments from all such other work as may be permitted by any such city to be performed by the department outside of its legitimate and proper duty; all fines and penalties imposed ujion any members of the department for any dereliction of duty, or for violation of any rule or order or regulation of the department, after any such rule, order or regulation has been properly promulgated and made known to the de- partment — such fine or penalty shall not exceed fifty dollars, or be less than five dol- lars, for any one offense; all donations received by the chief or any other officer of the department from any citizen or other person or corporation for and in the name of the department; and all moneys derived from lectures, picnics and other enter- tainments authorized by the department. (lb., sec. 5.) Sec. 3 2 7. Same — Municipal revenue. — The municipal authorities in cities in this state to which this act is applicable, may, by act or ordinance, set apart not ex- ceeding one per centum of all revenues received for municipal purposes by such cities from licenses issued by such cities, as a fund for the pensioning of crippled and dis- abled members of the fire department, and of the widows and orphans of deceased members of the fire department of such cities, which moneys shall be credited to said "relief fund." (lb., p. 8S, sec. 6.) Sec. 328. Certain money for retirement fund. — All rewards in money, fees, gifts and endowments that may be paid or given for or on account of extraordinary services by said fire department, or any member thereof, except when permitted by order of the board to be retained by said member, may be paid into said "retirement fund," and the said board of trustees may take by gift, grant, devise or bequest any money, real estate, personal property, right of property or other valuable thing, and and same shall be treated as a part of and for the use of said "retirement fund:" Provided, however, the principal of said fund shall never in the aggregate exceed the sum of two hundred and fifty thousand dollars. (lb., p. 88, sec. 7.) Sec. 329. Powers of board of trustees. — The board of trustees of the fire- men's funds shall have exclusive control and management of the separate funds men- tioned in this act, and of all the moneys donated, paid or assessed, for the relief or pensioning of crippled, disabled or retired members of the fire department, and their widows, minor children and dependents. Said board shall make all needful rules and regulations for its government in the discharge of its duties, and shall hear and decide all applications for relief or pensions under this act, and its decision on such applica- tions shall be final and conclusive and not subject to review and reversal except by the board, and a record shall be kept of all the meetings and proceedings of the board, (lb., p. 89, sec. 8.) Sec. 330. Transfer from retirement to relief fund, etc. — The moneys and securities credited to the "relief fund" under the provisions of this act shall in no case be transferred to or become a part of the "retirement fund." or used in whole or in part for the purposes for which the latter fund is created; but the board of trustees shall have the power, for the purpose of equalizing the demands against said funds, to transfer any part of the moneys credited to said "retirement fund" to the former fund, and such moneys shall thereafter become a part of the same. (lb., sec. 9.) Sec. 331. Assessment of members. — The board of trustees may assess each member of the fire department such sum per month as may be determined by the rules and regulations adopted by the board, and such assessment shall not be increased or diminished during any one fiscal year, the sums so assessed to be deducted and with- held from the monthly pay of each member, and the same to be placed by the treas- urer of the board to the credit of the "relief fund." (lb., sec. 10.) Sec. 332. Investment. — Said board of trustees shall have power to draw such funds as are credited to the "relief fund" under the provisions of this act from the treasury of such city, and may invest the same, or any part thereof in the name of the "board of trustees of the firemen's pension fund," in interest-bearing bonds of the United States or the state of Missouri, or of any county, township or municipal cor- poration of the state, or loan the same on real estate in the city where such pension funds are established, not exceeding in amount in any case two-thirds of the assessed tax-paying valuation of such real estate; and said board shall have power to invest ' the funds credited to the "retirement fund" in like manner. All such securities shall be deposited with the treasurer of such city, as ex officio treasurer of such board, (lb., sec. 11.) CHAP. 10.] STATt; LAWS SPKCIALI-Y ArrLICABLK TO ST. LOUIS. 159 Sec. 333. How loaned — interest. — Said funds shall be loaned separately, and the Interest received from the investment of same shall be credited to said funds re- spectively, (lb., sec. 12.) Sec. 334. Who beneflcinries of relief fund. — If any member of the fire de- partment of any such city shall, while in performance of his duty, become and be found, upon an examination by a medical officer ordered by said board of trustees, to be physically or mentally permanently disabled by reason of service in such depart- ment, so as to render necessary his retirement from service in said fire department, said board of trustees shall retire such disabled member from service in such (ire de- partment: Provided, however, no such retirement on account of disability shall occur unless said member has contracted said disability in the service of such fire depart- ment; and upon sucn retirement the said board of trustees shall order the payment to such disabled members of such fire department monthly, from the "relief fund," such sum of money as may be determined by the rules and regulations provided for the management of said funds; and in case the party suffering such disability is a member of the volunteer department receiving no pay. the amount to be paid him shall be fl.\ed by the board of trustees. (lb., p. S9, sec. 13.) Sec. 335. When widows and children beneficiaries. — -If any member of such Are department shall, while In the performance of his duty, be killed or die as the result of an Injury received in the line of his duty, or of any disease contracted by reason of his occupation as fireman, or shall die from any cause whatever while In such service, and shall leave a widow, or child or children under the age of sixteen years surviving, said board of trustees shall direct the payment, from said "relief fund" monthly to such widow, while unmarried, such sum of money as may be determined by the rules and regulations provided for the management of said funds, and said board shall also direct the payment out of said "relief fund" for each child until it reaches the age of sixteen years such sum of money as may be determined by said rules and regulations; and in case the party suffering such disa- bility is a member of the volunteer department, the amount to be paid monthly to his widow and children aforesaid shall be fixed by said board of trustees. (lb., sec. 14.) Sec. 33t;. Iletirenicnt fund — relatives Iieneliciaries of retin-iiient fuiul, when — If any member of such fire department being single and unmarried shall, while In the performance of his duty, be killed, or die as the result of an injury received, or shall die of any disease contracted by reason of his occvipation as fireman, or shall die from any cause whatever while in said service, and shall leave a father or mother who are dependent upon him for support, or a brother or sister under the age of sixteen years so dependent, said board of trustees shall direct the payment from the "retirement fund" monthly to each such dependent parent, and to each such dependent brother or sister under sixteen years of age, such sum of money as may be determined by the rules and regulations provided for the management of said funds. (lb., sec. 15.) Sec. 337. Some — nienil)er of flre department beneficiary, when. — Any mem- ber of the flre department of any such city, arriving at the age of fifty years, and having served twenty-two years or more In such fire department, of which the last two years shall have been continuous, may make application to be relieved from such flre department and retired; and if his application is granted, or if he shall be discharged from such department, the said board of trustees shall order and direct that said person shall be paid out of the "retirement fund" monthly such sum of money as may be determined by the rules and regulations provided for the management of said funds; and if he be a member of the volunteer fire department and not under pay, such amount monthly as may be fixed by the board of trustees. After the decease of such member, his widow, providing their marriage shall have occurred prior to such retirement, and his children under the age of sixteen years, I i( any. shall be paid out of the reijrement fund such sum of money as may be de- I termlncd by said rules and regulations. (lb., sec. 16.) Sec. 338. Sanie — widow luid cliildr<-n, when. — If any member of such flre de- partment shall die after having been retired and pensioned by reason of Injuries sustained or disease contracted while serving as a member of the department, his widow, providing their marriage shall have occurred prior to such retirement, and children under sixteen years of age, if any, shall be paid monthly out of the "re- tlr«ment fund" such sum of money as may be determined by the rules and regula- tions provided for the management of said funds. Sec. 339. Fnnds pro-rated. If insuffleient. — If at any time there shall not be sufflcient money In the funds created under the provisions of this act to pay each person entitled to the benefits herein provided the full amount per month pro- vided for In said rules and regulations, then an equal percentage of such monthly payments shall be paid to each beneficiary until said funds shall have been re- plenished so as to warrant the payment in full of each of said beneficiaries. (lb., sec. 18, p. 91.) 160 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 11-13 Sec. 340. Treasurer's bond— duties. — The treasurer of the board of trustees shall be the custodian of said pension funds, and shall secure and safely keep the same, subject to the control and direction of the board, and shall keep his books and accounts concerning said funds in such manner as may be prescribed by the board, and said books and accounts shall always be subject to the inspection of the board or any member thereof. The treasurer shall execute a bond to the city, with good and sufficient sureties, in such penal sum as the board shall direct, to be ap- proved by the board, conditioned for the faithful performance of the duties of his office, and that he will safely keep and well and truly account for all moneys and property which may come to his hands as such treasurer, and that on the expira- tion of his term of office he will surrender aud deliver over to his successor all un- expended moneys, and all securities and property which may have come to his hands as treasurer of such funds; and said bond shall be filed in the office where the records of the city are kept, and may be sued on in the name of said city, to the use of said board or any person or persons injured by a breach thereof. (lb., sec. 19.) Sec. 341. Warrants — when and how drawni. — It shall be the duty of the officer or officers of such city who are designated by law to draw warrants on the treasurer of such city, upon request, in writing, by said board of trustees, to draw warrants on the treasurer of such city, payable to the treasurer of such board of trustees, for all funds belonging to said pension funds as aforesaid. (lb., sec. 2 0.) Sec. 3 42. Same. — All moneys ordered to be paid from said pension funds to any person or persons shall be paid by the treasurer of the board of trustees only upon warrants signed by the president of said board and countersigned by the sec- retary thereof, and no warrant shall be drawn except by order of the board, duly entered on the records of the proceedings of the board. (lb., sec. 21.) Sec. 3 43. R. such sum as may be necessary for the suppr)rt of the hospital and House of Industry aforesaid. (Laws 1874. p. 3S4. sec. 4. R. S. 1899, p. 2560.) Sec. 354. Duty of physician IreatiiiK venereal diseases. — Hereafter every phy- sician in the city of ?t. Louis treating any person having the reputation of being a prostitute, or whom he has reason to suspect of so being, for any venereal disease, shall Immediately certify the fact, with the name and residence of the patient, to the board of police commissioners, and the vice-president of said board shall, at the discretion of the said board, thereupon issue his warrant for the confinement of such person in the aforesaid hospital for treatment, during the term of such sick- ness, unless sooner discharged by competent authority. (Laws 1874, p. 384, sec. 5. R. S. 1899. p. 2560.) 1(}2 STATE LAW'S SPECIALLY APPLICABLE TO ST. LOUIS. [CH.-VP. 14. CHAPTER FOURTEEN. HOUSE OF re:fuge.' Section 355. Board of managers. — The institution known as the St. Louis House of Refuge shall hereafter be under the control of a board of managers, to be appointed as soon after the 1st day of April, 1873, as practicable, which shall con- sist of five members, four of whom shall be appointed by the mayor, with the ad- vice and consent of the [municipal assembly] city council; and the mayor of the city shall be ex officio a member of and president of said board. (Laws 1S73, p. 353, sec. 1. R. S. 1899, p. 2553.) Sec. 356. Organization of board — term of office. — The board of managers so sppointed shall organize within ten days after their appointment, by the election (-cm among their members of a vice-president and secretary, and the members shall thereupon proceed to draw lots for their term of service; the one drawing ballot numbered one shall serve for one year: the one drawing ballot numbered two shall serve for two years: the one drawing ballot numbered three shall serve for three years; the one drawing ballot numbered four shall serve for four years; so that the term of srevice of one member of the board shall expire every year; vacancies occurring in the board by expiration of the term of service, resignation or otherwise, siiall be filled by the mayor, with the advice and consent of the [municipal assembly] city council; a majority of said board of managers shall con- stitute a quorum for the transaction of any business or the exercise of any power conferred upon said board. (lb., sec. 2.) Sec. 357. Commitment of children, etc. — Every child found in the city of St. Louis in a state of want, or abandoned or improperly exposed, or grossly neglected by its parents or persons having its cliarge, and every child of any person in said city or county convicted of being a common prostitute, or l^eeper of a bawdy house or house of resort for prostitutes or of assignation, and every child found living in such house, may be committed to said house of refuge by the mayor or police justice of said city, or any judge of a court of record having jurisdiction within St. Louis county [city], upon complaint and competent proofs of the facts charged. (lb., sec. 3 — p.) Sec. 358. Parents or guardian may send children, etc. — All males under the age of sixteen years, and females under the age of fourteen years, shall be liable to commitment to the house of refuge in accordance with the provisions of the foregoing section; and any parent or guardian having legal power to apprentice any male child or ward under the age of sixteen years, or any female child or ward, under the age of fourteen years, who shall, in writing, by him or her signed, repre- sent to the board of managers of said house of refuge that such child or ward is a proper and fit subject for admission into said house of refuge, stating the particular facts which constitute such fitness, and petitioning said managers to take charge of said child or ward, may be examined in relation thereto by said board of man- agers, who are authorized to receive all such children or wards at their discretion; *The name of "House of Refuge" was by ordinance of the City of St. Louis No. 22145 (R. C. sec. 1785) clianged to "St. Louis Industrial School." See notation and reference in note to R. C. sec. 17S5. Power of board of managers to arrange with pub- lic scliool autliorities for education of cliildren in House of Refuge. See La"ws 1905, p. 301, set out infra, sec. 497. Tlie House of Refuge is an eleemosynary institution: its ob.iect is reformatory. Its design is to train its inmates to industry and to improve tlieir morals. Such institu- tions are botii penal and reformatory, and are well adapted for tlie confinement of juvenile culprits by separating them from the matured and hardened class of criminals. * • * When the house of refuge is designated as the place of confinement of a youth under 16 years of age under sentence for misdemeanor, it is as to him a penal institu- tion, etc.; per Goode. (Barclay concurring) in In re Larkowski, 94 Mo App. I. c. 631-632: Goode, J., holding in a concurring opinion that a law (sec. 360 infra, being sec. 6 of the act) permitting restraint of liberty indefinitely at the discretion of the board, "is wholly inconsistent with the spirit of our institution, with the rights of citizens, and with the Constitution itself, whch requires uniform punishment for offenses through- out the State and punishment of no unusual character." and concludes that there can be no lawful commitment for crime to the refuge. The majority held that prisoners committed for crime are entitled to one dollar per day in working out the fine, and that the fifty-cent law of the Court of Criminal Correction, (which had sent the youth to the House of Refuge) was void. So in State ex rel. vs. Walbridge, 69 Mo. .\pp. 659. 1. c. 667 the court, commenting on Sec. 3 of the act (sees. 357 infra) observed: "The House of Refuge, as its name sig- nifies, is an institution established and maintained Ijy the City of St. Louis, under the sanction and authority of the State, for the benefit of the most exposed and unfortunate of the City's young children, such children, if unprotected and uncared for by the City, as would either find an early grave from neglect, starvation or from brut.al treatment, or surviving, would grow up in ignorance and vice. The object of this charity is two- fold: First, to provide a place of refuge, a home for the unfortunate and outcast children of the city: secondly, to provide them educational facilities and training In Industrial pursuits." (f) See comments on this section in State ex rel. vs. Walbridge. 69 Mo. -App. 659, 667. OlAr: 111 STATH LAWS SPF:CIALLY APPLICABLK TO ST. LOUIS. I(;3 the expenses of such child or ward before such receptiou shall be secured to be paid by the parent or guardian, unless in cases where the uianuffers, for good cause, shall otherwise determine: and in all cases where such payment is ordered to be made by such parent or guardian, it shall be according to the rates fixed In the general regulations hereinafter provided for; but in no case shall any child be com- mitted to the house of refuge under the age of three years; aud all minors com- mitted thereto shall be under the control of said board of managers, until dis- charged under the provisions of this act or under the general laws of the state. (Laws 1S73, p. 354, sec. 4. R. S. 1S99, p. 2554.) Sec. 359. I'urdoniiiK power e of legal and valid force. Fourth — To make all needful by-laws for the governmemt of said bouse ot etuge. Fifth — To employ and appoint such officers as may be needful. Sixth — To apprentice any Inmate of said house of refuge until the time when uch Inmate shall reach the age of eighteen years: Provided, That the mayftr an I .''o much of thlii socllon os seeks to nuthorlze commitment i ..i . ; .n,. „ .ihout a term. Is void, because In conflict with later contrnlUnR statutes (K. 8. 1.S99. 1792. 1793. :'3S4. 26S5. 26S6. etc.); nor la It within tlie power and authority of 1 of manaifers to retain n minor for a longer term than spoclrted In the com- In Ijtrkowskl. 91 Mo. App. 6;.'!. 629. 631. JiidKe Ooode. In concurrlntr. holds sei-tlon void ns unconstitutional and void and that there can bo no lawful i-nt to the House of Refuge for crime. 164 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP.14. City council [municipal assembly] of the city of St. Louis may, from time to time, provide by ordinance, not inconsistent witti law, for the support, control and man- agement of said house of refuge. (Laws 1S73, p. 355, sec. S. R S. 1S99, p. 2555.) Sec. 363. Appropriations for support of. — The city council [municigal as- sembly] of the city of St. Louis shall annually appropriate a sufficient sum for the maintenance and to secure efficient operation oi the said house of refuge. Said amount shall be based on an estimate submitted by the board of managers afore- said to said council [assembly], and all bills presented for payment shall be signed by not less than two members of said board of managers, and approved by the mayor; and the said city council [municipal assembly] is hereby authorized to erect upon the following described lot of ground or parcel of land, to wit: block numbered eighty of the common of St. Louis, according to the survey and plat thereof made by Charles DeWard, such buildings and improvements, in addition to those now on said land, as may be suitable for a house of refuge for the con- finement and reform of juvenile offenders, and for this purpose, when so required by the board of managers, may issue the bonds of the city of St. Louis to an amount not exceeding fifty thousand dollars, of such style and for such time as the council [assembly] may direct, or otherwise provide said amount: Provided. That the mayor and common council [municipal assembly] of the city of St. Louis may provide by ordinance for the sale of the property described above, and for the erection, with the proceeds of such sale, and with the money provided for by this act, of suitable buildings at any other place in the county [city] of St. Louis. (Laws 1873, p. 355. sec. 9. R. S., p. 2555.) Sec. 364. Superintendent and matron. — A superintendent and matron may be appointed by said board for said house of. refuge, who shall hold their office during the pleasure of said board unless sooner removed by the mayor, with th? consent of the council [assembly], and the compensation of such superintendent and matron may be fixed by said board, subject to the approval of the council [assembly]; said board may also appoint such other employes as may be neces- sary; said superintendent shall render to said board of managers a monthly state- ment of all moneys by him received and paid out on behalf of said house of refuge, which shall be carefully inspected by at least two members of said board; and, if found to be in all respects correct, the same shall be approved. Said board shall keep a record of their proceedings, and shall report semi-annually to the city council [municipal assembly] of the city of St. Louis, the fiscal affairs, manage- ment and condition of the said house of refuge. (Laws 1S73, p. 356, sec. 10. R. S. 1899, p. 2556.) Sec. 3 65. House to be open to visitors. — Said house of refuge shall be open to visitors at reasonable hours, and shall be conducted in a manner entirely non- sectarian, and yet open to ministers of every denomination, and with a discipline suited to the government of children; but no clergyman or teacher of any re- ligious sect or denomination shall be appointed a manager of said house of refuge, nor shall said house of refuge be in any manner placed under the management or control of any religious sect or denomination. No child shall be compelled to perform severe or exhaustive labor, and any cruelty or unnecessary harshness by any officer or employe shall be followed by the immediate discharge of such officer or employe. The board shall provide educational facilit'es, and some suitable em- ployment for the inmates of said house of refuge; and all moneys derived from said employments, or in any other manner from the operation of said house of refuge, shall be promptly paid into the city treasury; and the semi-annual reports of the board of managers, which they shall make to the city and county, shall give a detailed statement of said collection. (Laws 1873, p. 356, sec. 11. R. S. 1899, p. 2556.) Sec. 3 6 6. Certain inmates to be kept separate. — Said board of managers shall as far as may be possible, establish, and it is hereby made their special duty to establish apartments and grounds for inmates of said house of refuge committed there under sentence of court, as in section 6 hereinbefore provided, or inmates deemed by the superintendent especially vicious or ungovernable, separate and apart from the remainder of said inmates; and it is made the special duty of said managers and superintendents to prevent all contact and association between said classes hereinbefore mentioned, so far as may be practicable. (Laws 1873, p. 356, sec. 12.) Sec. 367. Present hoard to cease, when. — Immediately upon the organization cf the board herein authorized, the terms of the office of the existing hoard of man agers of said house of refuge and its present officers shall cease and determin'?: and all books, papers and property belonging to said house of refuge shall be turned over to the board appointed under this act. (Laws 1S73, p. 356, sec. 13. R. S. 1899. p. 2556.) .1 •TAP. ITi-lS.J STATE LAWS SIMX'I ALLY A rMT.ICA liLK TH ST, LOCIS. I(i5 Sec. 368. Inconsistent acts rcpoaled. — .\11 acts heretofore enacted In refer- ence to the St. Louis house of refuge, and all acts and parts of acts inconsistent with or contrary to the provisions of this act, are hereby repealed. (Laws 1873, p. 356, sec. 14.) CH.APTER FIFTEEN. L.VWS— CONSTRUCTION. Section 369. Certain funds to be paid out of city ti-easury. — AW moneys re- quired to he paid out of the county treasuries of the different counties of this state by an act entitled "An act to amend section twenty-seven of chai)ter eighty-five of the General Statutes of eighteen hundred and si.\ly-five." approved March 1. ISUS, shall, in the city of St. Louis, he paid out of the city treasury of said city. (Laws 1877. p. 191, sec. 3. R. S. ISO'.t, p. 2562, sec. 1.) Sec. 370. Municipal assembly to perfomi duties of county court. — All acts and parts of acts which provide for the performance of any duty or trust by any county court in this state, shall also include the municipal assembly, and the mayor and comptroller of the city of St. Louis. (Laws 1S77, p. 187, sec. 2. R. S. 1899, p. 2562, sec. 2.) Sec. 371. Certain laws to apply to St. Louis. — All laws requiring any officer of any county to perform any duty, service or trust, under the laws of this state, shall include all corresponding city officers named in the charter and scheme of separation for the government of the city and county of St. Louis. (Laws 1877, p. 187, sec. 4. R. S. 1899. p. 2562, sec. 3.) Sec. 372. Duties of the county clerk to be performed by the register. — All laws providing for the performance of any duty, service or trust, by any count.v clerk, shall apply to the register of the city of St. Louis, as if such officer was specially named in such law, acts or parts of acts. (I.,aws 1S77, p 187. sec. 3. .R S. 1899. p. 2562, sec. 4— r.) Sec. 373. Rules for construing statute. — The construction of all statutes of this state shall be by the following additional rules, unless such construction be plainly repugnant to the intent of the legislature, or of the context of the same statute:* • • » » eighteenth, whenever, under the provisions of any law which shall be applicable to the city of St. Louis, as to the counties of this state, any act or duty shall be authorized or required to be performed by the clerk of the county court, such act or duty shall be performed by the register of the said city ; of St. Louis and the term "county clerk" shall be construed to include the register I of the city of St. Louis, so far as the same relates to any act or duty required to ' be performed in said city, similar in character to that required of such count.v j clerk in the respective counties of this state: nineteenth, whenever the word I "county" is used in any law. general in its character to the whole state, the same ; shall be construed to include the city of St. Louis, unless such construction be in- , consistent with the evident intent of such law, or of some law specially applicable I to such city; twentieth, wherever the term "justice of the county court" shall ap- I pear In any statute, it shall be construed to mean judge of such court, and when the term "county or circuit attorney" shall be used in any law it shall be construed I to mean prosecuting attorney, except when applied to the circuit attorney of the city of St. Louis; • * • * • (R. S. 1899, sec. 4160— s.) CHAPTER SIXTEEN. LinnAnir:s. frki-: pfRLir. Section 3 74. Directors. — When any incorporated city containing over three ; hundred thousand inhabitants shall have decided to establish and maintain a pub- I lie library and reading-room under the act entitled "An act relating to libraries in j cities, villages, towns and townships." approved April 10. 1885. the mayor of such I city shall, with the approval of the city council, proceed to appoint a board of nine 1 directors for the same, chosen from the citizens at large, with reference to their fitness for such office; and no member of the municipal government shall be a member of said board: Provided, that not more than five of such directors shall be members of the same political party. (Laws 1895. sec. 1, p. 220. R. S. 1899, '. r I >,■,• notiitlon n. C 2062 ami not.' intri..lii.!iir.v tn CliarliT Art. I. tj) Subdivision IS: av notoa to RfV. C. S.i-. 2062: Subdivl.slon 19: See Henderson K...nl(r. 168 Mo. loc. cit. 363; St. Louis v. Clalibv. S8 Mo. S73: Stiito ex rel. vs. Wlldor, ' I. c. 173: State ex rel. vs. Dillon. 87 Mo. 4ST; Bank v. Umrnth. 53 Mo. App. I. c. 4S. ther note Introductorj- to Charter. Infra, "'general Considerations respecting the 166 STATK LAWS SPECIALLY APPLICABLE TO ST. LOUIS. fCHAP. IG. Sec. 375. Term of office — removal. — Said directors shall hold office, one- third for one year, one-third for two years and one-third for three years, from the first of June following their appointment, and at their first regular meeting shall cast lots for their respective terms; and annually thereafter, the mayor shall, before the first of June of each year, appoint, as before, three directors, who shall hold office tor three years, and until their successors are appointed. The mayor may, by and with the consent of the city council, remove any director for misconduct or neglect of duty. (lb., sec. 2. R. S., sec. 6482.) Sec. 376. Vacancies — compensation. — Vacancies in the board of directors, occasioned by removals, resignations or otherwise, shall be reported to the mayor, and be filled in like manner as original appointments, and no director shall receive compensation as such. (lb., sec. 3. R. S. 1899, sec. 6483.) Sec. 37 7. l>ut.v of directors — appointment of officers of the board — powers of the hoard. — Said directors shall be known and styled in their corporate name as the board of directors of the public library, and in such name may exercise the powers hereinafter granted. They shall, immediately after appointment, meet and organize by the election of one of their number as president, and by the election of such other officers as they may deem necessary. They shall make and adopt such by-laws, rules and regulations for their own guidance, and for the govern- ment of the library and reading-room, as may be expedient, not inconsistent with this and the aforesaid act. They shall have the exclusive control of the expenditure of all moneys collected to the credit of the library fund, and of the construction of any library building, and of the supervision, care and custody of the grounds, rooms or buildings constructed, leased or set apart for that purpose. Provided, that all moneys received for such library shall be deposited in the treasury of said city, to the credit of the library fund, and shall be kept separate and apart from other moneys of such city, and drawn upon by the proper officers of said city, upon the properly authenticated vouchers of the library board. Said board shall have power to purchase, hold or lease grounds, to occupy, lease or erect an appro- priate building or buildings, for the use of the said library, and to issue bonds, secured by deed of trust on any land [of] which they may be possessed, for the purpose of erecting library buildings, and for no other purpose; and all property by such board purchased, or otherwise obtained, shall vest in such board as a body corporate, and be held by it in trust. They shall have power to apjioint a suitable librarian and necessary assistants, and fix their compensation, and shall also liave power to remove such appointees; and shall, in general, carry out the spirit and intent of this and the aforesaid act in establishing and maintaining a public library and reading-room. (lb., sec. 4. R. S. 1899. sec. 6484.) Sec. 37 8. Board shall make annual report to the nia.vor — what report shall contain. — The said board of directors shall make, on or before the second Monday in June, an annual report to the mayor, stating the condition of their trust on the first day of May of that year, tlie various sums of money received from the library fund and from other sources, and how such moneys have been expended and for what purposes; the number of books and periodicals on hand, the number added by purchase, gift or otherwise, during the year; the number and general char- acter and kind of such books, with such other statistics, information and sugges- tions as they may deem of genera! interest. All such portions of said report as relate to the receipt and expenditure of money, as well as the number of books on hand, books lost or missing, and books purchased, shall be verified by affidavit, (lb., sec. 5, p. 221. R. S. 1S99, sec. 6485.) Sec. 3 7 9. Cities to pass ordinances to impose penalties. — The said cities shall have power to pass ordinances imposing suitable penalties for the punishment of persons committing injury upon such library, or the grounds or other property thereof, and for injury to or failure to return any book belonging to such library, (lb., sec. G, p. 221. R. S. 1S99, sec. 6486.) Sec. 380. Inconsistent iicts repealed. — All acts and parts of acts inconsistent with this act are hereby repealed. (lb., sec. 7, p. 221.) Sec. 381. Enier}{enc,v clause. — There being no adequate provisions for the government and protection of free public libraries in cities containing over three hundred thousand inhabitants, an emergency is created within the meaning of the constitution; therefore, this act shall take effect and be in force from and after its passage. (lb., sec. 8, ]). 221.) CHAP. IT] STATE I.AWS SPKCIALLY AI'l'LICABLK To ST l.OUIS. 107 CHAPTER SEVENTEEN. I.ICKNSK COLI.KCTOU.' Sec. 382. OflUv of license collector in cities of :JOO,(K)(> inhiiliitaiits or orer created. — The office of license collector Is hereby created in cities now having or which hereafter may have three hundred thousand Inhabitants or men'. {Laws 1901, p. SO, sec. 1.* Sec. 'ia.i. I'ni\ iiliiiu; lor riecliiin of license colli'clor It-rin of olTlce^— oath and Imnd, where Hied, vacancy, how tilled. — On the Tuesday next following the first .Monday In November. A. D. 1902. and every four years thereafter, there shall be elected In said cities. In the manner provided by law for the election of city officers, a license collector, who shall hold his office for the term of four years, and until his successor Is elected and qualified: he shall take the oath of office re- quired of state officers, and give bond to such city in the sum of twenty-five thou- sand dollars, conditioned that he will faithfully and punctually collect and pay over all revenue for licenses and license tax collected and received by him, and in all things faithfully perform the duties of the office of license collector according to law and the ordinances of said city, to be approved by the mayor; and said oath and bond to be filed in the office of the city register of such city. Vacancies in said office of license collector from any cause shall be filled by the governor, from and until the end and expiration of the term in which the vacancy is created. Said license collector shall have his office in the city hall in such rooms as may be designated for the purpose by the |)roper authority. (lb., sec. 2.) Sec. 384. I'owei-s and duties of license collector. — The said license collector shall have exclusive authority in all such cities t« issue all licenses and receipts for license taxes, except water, dramshop and boat or wharf licenses: he shall have authority to revoke any license by him granted, if the person to whom the license has been Issued, shall have been convicted of the violation of any law or ordi- nance relative to such licenses. It shall be his duty to prevent any persons carry- ing on any business, object or calling for which a license or license tax is re- qiilre collector — further dullis of license colliMlor. It shall be the duty of the license collector, iinniediately after taking charge of his office, to obtain from the city collector, license commissioner or other officer of such city, and it is hereby made their duty to transfer to said license collector all books. |)apers. data and blanks relating to the assessing, levying, issuing, transferring and revoking of licenses and license taxes, and he shall at once proceed to obtain a complete list of alt persons, firms, associations and corporations who are required by law, or ordinance, to obtain a license, or pay a license tax. and collect all information which may be necessary for the proper assessing, levying and Issuing of licenses and license taxes. Such lists and information shall be ke|)t in proper books and at all times as complete and correct as possible and up to date, in said office of license collector. (lb., sec. 4, p. 81.) Sec. 386. Proceedings necessary in ohtaininK and jirantin); licenses. — To ob- tain a license or to pay a license tax the person making application therefor shall accompany his application with such statements and affidavits as may now or hereafter be reqtiired by law or ordinance; the license collector, as soon thereafter as practicable, shall give to the applicant a statement that, upon the payment of the amount of the license or license tax required by law or ordinance to be palil, a license or tax receipt, as the case may be. will be Issued to such applicant, l^pon the receipt of said statement, the applicant shall pay to the license collector the amount named In such statement, taking therefor duplicate receipts, one of which shall be by him filed with the city auditor, and the license collector shall thereupon ' Issue the license or license tax receipt to the applicant for the period required by I law or the ordinances of such city (T.aws 19ill. p. SI, sec. .">.) Sec. 387. License collelic inspection. — The license collector shall kaep a separate record or book for each kind of license, or tax receipt which he Is •This act aiipersedPS the provisions of the Charter. Art. V. Sec. SI and Art. IV. 2t. In no far a.i they Impose on the rit.v Collector the duty to tollect the license ■s. tile collection of which by this net Is cast upon the License Collertnr, The ie» formerly resting on the License <;?ominl»sloner ari* also transferred to the nse Collector. See In connection herewith Rev. Code. Chap. .10, constltiitInK Sees. ' lo :i3,"> and see notations thereto. .•M.«o as to the fClty] Collector Rev. C. SecM. > .t ;>-.| 168 STATE LAAVS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 17-lS. authorized to issue, in each of which shall be recorded the names of all applicants for such licenses, the place at which the applicant is permitted to conduct the business authorized, it the license is for such purpose, otherwise the place of busi- ness or residence of the applicant, and the date of issuance of the license, all of which shall be public and open to the inspection of any citizen; he shall also keep all statements and affidavits furnished him in his office for public reference and the convenience of the officers of such city. (lb., sec. 6.) Sec. 3S8. Powers aud duties of city collector or commissioner transferred to the license collector. — Every person, firm, association or corporation, shall owe to the license collector all and every duty now due by law or ordinance to the city collector of the revenue or to the license commissioner, or other city officer ot such city, with respect to the assessment, levy, issue, transfer or revoking of licenses, or license taxes, for any purpose whatever; all and every duty of said city collector, license commissioner and other officer of such city imposed by law or ordinance with respect to the assessment levy, issue, transfer or revoking of li- cense or license taxes for any purpose whatever is hereby transferred to the office of license collector created by this act. (lb., sec. i.) Sec. 389. The words "license" and "license tax" shall include what. — The words "license" and "license tax," used in this act, shall include licenses for all purposes authorized or required by law or ordinance and also the tax on telegraph and telephone poles, the dog tax, the merchants' ad valorem tax, the vehicle li- cense tax and the special tax on foreign insurance companies, and excepting al- ways dramshop, water and boat or wharfage licenses. (lb., sec. 8.) Sec. 3 9 0. Salary of license collector — Shall appoint deputies, clerks and in- spectors, compensation of each — may administer oaths — collector resi)onsil)Ie for officiiil acts of employes. — The license collector shall receive a salary of three thou- sand dollars a year, payable monthly by the city treasurer. Said license collector shall appoint one chief deputy and one assistant deputy license collector, either of whom, in the absence for any cause of the license collector, may perform all the duties ot the license collector; he shall appoint such clerks as may be required and necessary to properly and efficiently perform the duties of the office, not to exceed six, and may also appoint inspectors not to exceed ten. The salary and compensation of said employes is hereby fixed, as follows: The chief deputy at the rate of eighteen hundred dollars a year: assistant deputy at the rate of fifteen hundred dollars a year; clerks at the rate of one hundred dollars a month: in- spectors at the rate of seventy-five dollars a month, all payable monthly and by the treasurer of such city. Said license collector, deputy license collectors and clerks are hereby authorized to administer oaths in the transaction of the business of the office. The license collector and his sureties shall be responsible for the official acts of all employes aijpointed by him. (lb., sec. 9 — t.) Sec. 391. Collector shall make weekly payments to city treasurer — duty of treasurer. — The said license collector shall, on Monday ot each week, pay to the treasurer of such city all moneys received by him for licenses and license tax; said treasurer shall issue duplicate receipts therefor, one ot which he shall deliver to the license collector, the other to the auditor of such city. (lb., p. 82, sec. 10.) Sec, 392. Mayor shall a]>point license collector — term of office. — Immediately on the taking effect of this act the mayor of the City of St. Louis shall appoint a li- cense collector under this act, who shall hold his office for a term ending on the first day of January. .\. D. 1903, and until his successor is elected and qualified. (Laws 1901, p. 82. sec. 11.) CHAPTER EIGHTEEN. LIQUOliS. Sec. 393. Register's duties. — When spirituous or alcoholic liquors are to be sold or offered for sale, are to be manufactured or rectified, in the city of St. Louis, the oath required by sections 2289 and 2290, Revised Statutes 1899, shall be administered by the register of the city of St. Louis, who is authorized and re- quired to administer said oath, and said register is required to take the bond prescribed in section 2290. (Laws 1877, p. 341, sec. 1; R. S. 1899, p. 25G3, sec. 10.) (/) See additional employes. Rev. Code. Sees. 2119-2120 and note thereto. Cll.VPl'.i-20-2l.| ST ATI-; LAWS SPKCIALLY ArrLKWUl.K TO ST. LOUia lOi) CHAPTHR NINETEEN. MAKKKT.-;, ITHI-IC* Sec. 394. I'ulilii- maikrlN Co lu' ostitblislicil in cities of 300,(KtO iiilial>itiiiits for farm iirodiuls. — It shall be the iliit.v of the inuyor and iminicipal assembly or council in all cities of three hundreij thousand inhabitants or over, or which may hereafter attain a population ot three hundred thousand or over, to establish and locate u market for the sale, at wholesale or retail, of fruits, vegetables and other farm or dairy products. (Laws 1JS91. p. (iS, sec. 1; R. S. 1899, sec. 62-IS.) Sec, 395. Husiiies.s roKulated by ordiiiiiace — privilejjes extended only to pro- ducers. — Such mayor and municipal assembly shall, by ordinance, regulate the business to be conducted and carried on in such market, and fix a yearly rental to be charged for stands or stalls in said market: Provided, however, that no privileges shall be let to any person or persons to do business in said market In the sale of anv garden, farm, fruit or dairy products, except the producer thereof. (lb., sec. 2;"r. S. 1S99. sec. 6249.) Sec. 39aa. Wlieii not to .sell market places now owned. ^No city amenable to the provisions of sections 6248 and 6249 of the Revised Statutes ot Missouri. 1899, now owning a public market place or public market places, or which shall here- after actiuire a public market place, shall be permitted to disburse or use for other purposes any of the proceeds received from the sale or disposition of such market place or market places, unless such said city shall have, prior thereto, acquired the necessary ground for the establishment of a market place or market places, as con- templated in said sections C24S and 6249, and which ground shall be of dimen- sions commensurate with the requirements of said city, and not to exceed in cost the sum of $1,000,0(10, and unless said city shall, iirior thereto, have made pro- visions for the establishment and maintenance of a market place or market places on such grounds, as is contemplated in sections 6248 and 6249. (Laws 1907, p. 11. i.) Sec. 395b. Lands may be condemned for market places, wlien. — In the event any city amenable to the provisions of sections 624S and 6249 shall fail to provide a market place or market places of the dimensions set out in section 6249a, any corporation composed of five or more residents of this state, organized under the laws of the state of Missouri, for the purpose of establishing a market or markets, as contemplated by said section 6248, shall have the power to condemn lands or other property, or any interest therein, to be the amount set out in section 6249a. for use by it in establishing and maintaining such market place or market places. in the same manner and with like effect as provided in sections 1264, 1265, 1266, 1267, 1268. 1269. 1270, 1271, 1272 and 1273, Revised Statutes of Missouri, 1899. (Laws 1907, p. 115.) CHAPTER TWENTY. MEDICINK AND SIRGKRY. Sec. 396. Duty of County Clerk Cast on Health Commissioner — Whenever in this act [act of 1901. p. 207, regulating practice of medicine and s\irgery, as amended acts 1907, p. 359] it is provided that any duty or service shall be per- formed by any county clerk, such duty or service in the city of St. Louis shall be Performed by the health commissioner, as if said officer was specially named to l>«rform these duties and services, and said officer shall receive the same com- pensation therefor as this act provides shall be paid to the county clerk: Provided, further, that whenever in this act the word county is used it shall include the city o( St. Louis the same as if said city were specially named. (Laws 1901, p. 207, I S6C. 8. ) CHAPTER TWENTY-ONE. Mo.\i;v. iM'in.li' ■ • Section 397. liitnk for deposit to Ix- selected — bond — anicnint. — In all cities In .Missouri having three hundred and fifty thousand inhabitants or more, the mayor, comptroller and treasurer shall annually select a bank or banks which will iclvo the highest rate of interest for the current deposit of the city's funds: Pro- vided, however, that before any deposit shall be made by the treasurer, the bank shall give a bond for five hundred thousand dollars, with good and sufficient sure- ties, to be approved by the unnnimnus vote of the mayor, comptroller and treas- urer, for the safe keeping and prompt paynu r • nd funds, or any part thereof. •?«>«• n» to thi> rity ordlnnncos. Rpv. Code. < n.ii' ••■, .--» thfreto. ••Sc.> ChnrttT. Art. IV. S.t. 22. 170 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 21-22-23. when demanded by the treasurer, and shall at all times keep the sureties on its bond satisfactory to the mayor, comptroller and treasurer; and provided further, however, that before any greater amount or sum than five hundred thousand dol- lars shall be deposited by the treasurer in any bank, such bank shall give an ad- ditional bond for five hundred thousand dollars, with good and sufficient sureties to be approved by the unanimous vote of the mayor, comptroller and treasurer, for the safe keeping and prompt payment of said funds or any part thereof when demanded by the treasurer, and shall at all times keep the sureties on its bond satisfactory to the mayor, comptroller and treasurer; and provided further, that no greater sum than one million dollars of the money of the city shall be on de- posit in any one bank. (Laws 1903, p. 9.5, sec. 1; amending R. S. 1899, sec 6251.) Sec. 39S. Kniergency. — The fact that the city of St. Louis is about to deposit ' a large sum of money and it is for the benefit of said city that it have choice of a large number of depositories creates an emergency within the meaning of the constitution; therefore this bill shall be effective immediately upon its approval by the governor. (lb., sec. 2.) CHAPTER TWENTY-TWO. MORGUE, ESTABLISHMENT OE. Sec. 39 9. Morgue may be established. — The city of St. Louis and the county of St. Louis are hereby authorized, jointly, to provide for the erection and main- tenance, at some point within the corporate limits of said city, of a morgife or dead-house for the reception of the corpses of persons unknown, or not readily identi- fied, and found dead within said [city] county. The expense of erecting and main- taining said morgue shall be paid, one-half by said county and the other half by said city, according to such plans as may be agreed on by the county court of said county and the city council of said city; and said court and council may. by like agreement, and from time to time, make and alter regulations for the control and management of said morgue, and for the employment of a person or persons to take care thereof. It shall be the duty of the coroner of said county [city] to view, and if necessary, hold a formal inquest on, the body of every dead person brought to said morgue; and the county court [municipal assembly] of said county [city] may, in his discretion, assign him a fixed salary for such services, in lieu of his statutory fee in like cases. (Laws 1873, p. 357, sec. 1; R. S. 1899, p. 2563, sec. 9 — )(.) CHAPTER TWENTY-THREE. Sec. 400. Tower Grove Park described. — As much and such portions of the following described tracts or parcels of land, partly within and mostly without the present corporate limits of the city of St. Louis, to wit: Bounded by Grand avenue on the east. Arsenal street or road on the south, Magnolia avenue, as now existing, on the north, and the King's highway, so called, on the west, in the city and county of St. Louis, as Henry Shaw may see fit to give, grant and convey to the city of St. Louis, for the purposes of a public park, shall be known and designated as the Tower Grove Park of St. Louis. (Session Laws 1867, p. 172, sec. 1.) Sec. 401. Board of coniinissioners. — The said park shall be under the ex- clusive control and management of a board of commissioners, to consist of not less than five nor more than seven persons, who shall be named and styled the commis- sioners of the Tower Grove Park, and who shall be appointed as hereinafter pro- vided; but of which commissioners Henry Shaw, the donor to the city of St. Louis of the land for the said park hereby established, during his natural life, and after his death his successor, in the direction of the Missouri Botanical Garden, as he may create the same in any devise or conveyance which he may be authorized by law to make, shall be and constitute one member. (Session Laws 1867, p. 173, sec. 2.) Sec. 402. How constituted. — The following named person, Henry Shaw, and such persons as he may select, shall constitute the board of commissioners of said park. They shall hold their offices as such commisioners for five years from the time of the passage of this act, and until their successors are appointed and quali- (a) For ordinance provisions concerning Morgue, see Rev. Code, Chap. .I, Art. 2, being section.s 25S to 26S. inclusive. .A.lso 4511. •Acts to Establish Forest Park (March 25. 1ST4,) Carondelet Park (Feb. 25. 1874) and O'Fallon Park. (March 25, 1.S74) are "repealed" by Charter Art. VIII, Sec. 6. See as to the various ordinance provisions concerning parks. Rev. Code, Chapter 25, ana note to Chapter lioadins and sections 2018 to 2035 with notations thereto, and refer- ences to the charter provisions there found: also R. C. sections 1970 to 1975; Sec. 2157 and note. Chai'ter .\rt. \'III. I-IIAP 23. 1 STATIC LAWS SPKCIALLY APPLICABLE TO ST. LOL'IS. 171 fled. No menibor of said board shall receive any compensation for his services, but each commissioner shall. neviMtheloss. be entillfd to receive for his personal ex- penses, in visiting and superintending the said park, a sum not exceeding one hundred dollars per annum. (lb., sec. 3.) Sec. 40:). yuoruni.- -A majority of the said commissioners, in office for the time being, shall constltule a quorum of the board for the transaction of business, but no action of the board shall be deemed final or binding, unless it shall have received the approval of a majority of the board, whose names shall be recorded in the minutes. (lb., sec. -1.) Sec. 404. Duties of the board. — The said board shall have the full and e.v- cluslve power to govern, manage, direct and control the said park; to lay out and regulate the same; to pass ordinances for the regulation and government thereof, not Inconsistent with the ordinances and regulations of the corporation of St. Louis; to appoint such engineers, surveyors, clerks, and other officers as may be necessary; to prescribe and define their respective duties and authority, fix the amount of their compensation, and generally, in regard to said park, they shall possess all the power and authority which now is. or which may hereafter be, by law conferred upon or possessed by the corporation of &t. Louis in respect to the public squares and places in said city. (lb., sec. ,"«.) Sec. 40.'i. Ordinimces, etc., concmiinfj;, to be publisluKl.— All ordinances, rules and regulations which may be i)assed and adopted by the board of commissioners for the regulation, use and government of said park shall. Immediately upon their passage, be published for ten days In three dally newspapers publislud in said city to be selected by said commissioners, one whereof shall be a newspaper pub- lished In the German language, (lb., sec. 6.) Sec. 400. Penalty for violiitin^ ordinances. — All persons offending against such ordinances shall be deemed guilty of a misdemeanor, and be punished, on con- viction, before the police justice of said city, or any justice of the peace in the county of St. Louis, by a fine not exceeding fifty dollars, and in default of payment. by Imprisonment not exceeding thirty days, (lb., sec. 7.) Sec. 407. Penally against commissioner. — It shall be a misdenieanor for any commissioner to be. directly or indirectly, in any way pecuniarily interested In any contract for work of any kind whatever connected with said park, and it shall l>e the duly of any commissioner, or other person who may have knowledge or infor- mation of the violation of this provision, forthwith to report the same to any judge of the circuit court of St. Louis county. Such judge shall hear. In a summary manner, such charge, and any evidence which may be offered in support thereof; and If after such hearing he shall be satisfied of the truth thereof he shall imme- diately, by his order In writing in such matter, remove the commissioner thus offending. Kvery commissioner shall before entering upon the duties of his office, lake and subscribe the same oath prescribed by the constitution of the State to civil officers, and which oath, when subscribed, shall be filed In the office of the clerk of the county court of the county. (lb., sec. 8.) Sec. 40S. Dond iiuiy be issued. — The city of St. Louis Is hereby authorized and required, immediately after the passage of this act, to cause to be issued Its bonds In the sum of one thousand dollars each, payable at such time or times, not less than five nor more than thirty years from the date thereof, as the mayor and fund commissioner of said city shall deem best, to an amotint stifficient to realize on a sale on the best possit)le terms the sum of three hundred and sixty thousand ■ liilljirs. which bonds shall bear interest at the rate of six i)er cent |)er annum. ihle semi-annually, and shall have attached to them semi-annual coupons for payment of said interest. Said bonds shall be entitled and designated on their (rtie. 'Hark Ilonds of the City of St. Louis;" shall be payable where the said mayor and fund commisslorier shall designate on their face; shall be signed by the mayor ! counlersigned by the comptroller of the city, shall have the seal of said city \t"d thereon, and be binding and obligatory on said city as an Indebtedness ■ ii.-ieof generally. (Laws isr>7. p. 174. sec. 9.) ' Sec. 4 09. Itonds how sold. — Said bonds shall be sold by the said mayor or I bjr lome person duly authorized by him to sell the same, and the proceeds thereof i-ihall at once be paid over Into the hands of the aforesaid commissioners of the Tower drove Park. (lb., sec. 10.) I Sec. 410. .Moneys where deposited. — The moneys raised upon the fund or {stock hereby authorized, as well as other moneys by them received and as soon as received, shall, by the said commissioners, be deposited to their credit in any bank iOr banks of St. Louis to bo designated by the board. Such bank or banks shall allow Interest upon such deposits as may be agreed upon with said board, and .shall open and keep an account with said boarcl. and no moneys shall be drawn therefrom, except upon a warrant signed by at least a majority of the commis- ■Hloners In office, and all receipts and vouchers shall be filed in the office of said board. (lb., sec. ll.i I Sec. 411. .Moneys how applied. — The said commissioners shall apply and use fhe said moneys so coming to their hands. In the fencing, improving, ornamenting. 172 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 23. and beautifying of said park, in such manner as in tlieir judgment will best serve to make said park a place of recreation in the resort of the people thereto; but the amount expended in any one year as aforesaid in said park, shall not exceed one- third of the said amount so authorized to be paid over to them from the proceeds of the sale of the aforesaid bonds. (lb., sec. 12.) Sec. 412. Taxes to be levied. — The city of St. Louis and the county of St. Louis, after the expiration of three years after the passage of this act, shall order and cause to be raised by tax on the estates, real and personal, subject to taxation according to existing laws within said city and county, and to be collected in addi- tion to the ordinary taxes yearly, and every year tollowing, a sum of money suffi- cient and equal to the sum of twenty-five thousand dollars in specie funds, to be a perpetual fund for the keeping up, maintaining and improving the said public park, one-third of which annual sum shall be levied out of the taxable estates as aforesaid within the county of St. Louis, outside of the limits of the city of St. Louis, and the remaining two-thirds of which annual sum shall, in like manner, be levied within the limits of said city. (lb., sec. 13.) Sec. 413. Avenues to be widened. — It is hereby made the duty oi the county court of St. Louis county, to cause Tower Grove avenue to be widened in its present extent to the width of sixty feet, and to be opened the same width on the same course till an intersecting with the JIarket street road; also to cause Magnolia avenue to be opened from Grand avenue, and also to cause the same to be widened to a width of seventy feet, the additional width of twenty feet to be taken from the south side of said avenue. (lb., sec. 14.) Sec. 414. Proceedings therefor. — The proceedings for opening and widening said avenues and roads, shall be had and pursued in the same manner as is or may be provided by law for the opening, widening or establishing of roads, public or private, in said county. (lb., sec. 1.5.) Sec. 415. Avenues to be improved. — As soon as the roads mentioned in the last preceding sections shall be widened, opened and established, as herein pro- vided, or as soon thereafter as practicable, the said county court shall cause Shaw avenue. Tower Grove avenue and F"loral avenue, as now known and as the same shall be established, to be macadamized and improved in the same manner as other public roads in said county are macadamized and improved. (lb., sec. 16.) Sec. 416. Debts to be incurred onl.y with authority of board. — None of the «aid commissioners, nor any person, wnelher in the employ of said commissioners or otherwise, shall have the power to create any debt, obligation, claim or liability for or on account of said board or the moneys or property under its control, except with the express authority of said board conferred at a meeting thereof duly con- vened and held. (lb., sec. 17.) Sec. 417. Board may hold gifts, etc. — The said board is hereby authorized to take and hold any gifts, devises or bequests that may be made to said board, upon such trusts and conditions as may be prescribed by the donors or grantors thereof, and agreed to by said board, for the purpose of embellishing or ornamenting said park, and shall annually make in its report a statement in detail of the conditions and value of all such gifts, devises or bequests, and of the names of the persons by whom the same are so given, devised or bequeathed. (lb., sec. IS.) Sec. 41S. Gunning, etc., proliibited. — Gunning or the discharging of fire- arms in St. Louis city or township, within the limits of one mile of said park in any direction, is hereby prohibited, and any person who shall violate this pro- vision of law shall be deemed guilty of a misdemeanor, and, on conviction before the police magistrate of the city of St. Louis, or any justice of the peace of St. Louis county, shall be subject to a fine of twenty dollars, and in default of pay- ment of such fine to imprisonment in the county jail of the county not less than ten nor more than twenty days. (lb., sec. 19.) Sec. 419. Cattle prohibited at large. — All persons are, in like manner, within the limits in the jjrecedlng section stated, prohibited from turning horses, cows, sheep, swine or other cattle on the public highways, or other roads, or uninclosed lands, or from willfully permitting the same to go at large thereon tor the purpose of grazing or any other purpose, under the penalty prescribed in said section, and to be enforced in like manner as therein prescribed. (lb., sec. 20.) Sec. 4 2 0. Office commissioner, vacant when. — The office of either of said commissioners who shall not attend the meetings of the board for three successive months, after having been duly notified of said meetings, without reasons satis- factory to said board, or without leave of absence from said board, may, by said board be declared vacant. (lb., sec. 21.) Sec. 421. Vacanc.v, how filled. — In case of any vacancy occurring in the mem- bership of the board of commissioners from death, resignation or disqualification to act, the same shall be filled by the remaining members of the board for the residue of the term then vacant, and all vacancies caused by expiration of the term of office shall be filled by the appointment of the judges of the supreme court of the State for the time being, or a majority of them. (lb., sec 22.) i-iiAi'. 23.1 ST.VTr: i.Aws snx'iAi.LV ArPLiCABLic TO ST. i.oris. I7;i Sec. 422. Itourd (<• rv-pm-t. — The said board shall, antuially. and in llio nionlli of January in oac-h year. niale issued. — The city of St. Louis is author- ized In addition to the bonds authorized to be issued under the ninth section of this act, to issue other bonds of the same character and in the same manner as in said section provided, to the amount of not exceeding fifty thousand dollars, for the purchase of land adjoining to the land mentioned in the first section of this act, for the purposes of a public park and to form part of said Tower Grove Park, and which land if and when acquired by purchase, shall be held, governed and regu- lated as Is, In all res|)ects, provided by this act with reference to the aforesaid public park. (lb., sec. 25.) Sec. 425. Ii«'vy of tH.\es for park. — If for any years, the city of St. Louis, or the county of St. Louis shall have failed, or may hereafter fail to levy the pro- portional amount of the annual sum to be raised under the provisions of said sec- tion (section thirteen), [412 supra] to be levied by such city or county, then said city or county may Include In and add to the levy of any succeeding year such amounts so omitted be levied, in addition to the amount to be levied for such suc- ceeding year, and the whole amount shall be levied on estate, real and personal, subject to taxation according to existing laws within said city and county, in the year In which said levy shall be made. The said city of St. Louis shall levy upon said taxable estates, within its limits, two-thirds of said tax. and the remaining one-third shall be levied by the county court upon the taxable estates outside of said limits. The annual amount to be raised may be paid by the city, or the county, out of their general funds, each respectively, and in that event, the city or county so paying may add to its other rates of taxation for the same year a per- centage sufficient to reimburse It for the sum so paid, without making it a direct tax; and the general tax thus augmented, may be assessed, levied and collected as provided by law for the time being. With the assent of the city of St. Louis the county court of St. Louis [county] may levy the whole of said tax on the taxables of the entire county, without sub-dividing the tax between the city limits and the portion of the county beyond them. At the time of assessing in any of the modes hereinbefore set forth, the rate of the equivalent of gold shall be fixed by the city or county respectively assessing the same. The powers in this act given to said county of St. Louis shall be exercised or not by their respective authorities at their discretion and such arrangements as they may severally make, if they deem neces- sary, with the grantor and commissioners of said Tower Grove Park. (Session Laws 1872. p. 469, sec. 1.) Sec. 426. Sluugliler hou.sos, etc, proliibitnl, wlicrc. — The erection of slaugh- ter houses, tanneries, skin-dressers' shops or establishments, bone factories, bone burners' establishments, chemical works, candle factories, soap factories, tallow chandlers' eetablishments and within the limits of one-quarter of a mile in any di- rection from the exterior lines of Tower Grove Park, in the city or county of St. Louis, as the same Is now laid out. is hereby prohibited. And if the said park shall hereafter be extended so as to include additional land, such erections arc also hereby prohibited within the limits aforesaid, from the exterior lines of said park as the same may be extended, as soon as such extension .shall be made. And any person making any such erection, or carrying on business at or In the same within the above llmils, and In vioiation of the above provisions, shall be deemed guilty of a misdemeanor, and may be prosecuted therefor In the name of the city of St. Louis, before the police justice of the city of St. Louis, or before any justice of the peace of St. Louis cotinty. or before the St. Louis court of criminal correction, and on conviction thereof shall be subject to a fine of not less than fifty nor more than five hundred dollars, which fine If collected, shall be paid to the city of St. Louis, and In default of payment of such fine, to Imprisonment In the county jail 0( St. Louis county, or the work-house of the city of St. Louis not less than ten nor more than sixty days. (Session I^aws 1871. p. 189, sec. 1.) 174 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 24. CHAPTER TWENTY-FOUR. Art. 1. The Police Act creating board and authorizing ai)i)ointinent of force. Art. II. Pensions of policemen. Art. III. Holidays to officers of police. Art. IV. Special police officer of Humane Society. ARTICLE I. THE POLICE ACT CREATING BOARD AND .\lTTHORIZING APPOINTMENT OF FORCE.* Section 4 2 7. Act of 1861 aud amoiidatoi-y acts i-eitealod. — An act entitled "An act creating a board of police commissioners aud authorizing the ap- I)ointment of a police force for the city of St. Louis," approved March 27th, 1861, and all acts supplementary to and amendatory thereof be and the same are hereby repealed. (Laws 1899, p. 51 — 6,) Sec. 4 2 8. Ordinances to be passed to protect persons and property. — In all cities of this state that now have or may hereafter attain a population of three hundred thousand inhabitants or over, the common council or municipal assembly, as the case may be, of such cities may pass ordinances for i)reserving order, se- curing property and persons from violence, danger or destruction, protecting pub- lic and private property, and for promoting the interests and insuring the good government of such cities; but no ordinances heretofore passed or that may here- after be passed by the common council or municipal assembly of such cities, shall, in any manner, conflict or interfere with the pow'ers or the exercise of the powers of the boards of police commissioners of such cities, as hereinafter created, nor shall the said cities or any officer or agent of the corporation of said cities, or the mayor thereof, in any manner, impede, obstruct, hinder or interfere with the said boards of police or any officer, or agent or servant thereof or theieunder. (lb., p. 51, sec. 2. R. S. 1899, sec. 6209.) Sec. 429. Hoards of police commissioners established. — In all cities of this state that now- have or may hereafter attain a population of three hundred thou- sand inhabitants or over, there shall be, and is hereby established, within and for said cities, a board of police, to consist of four eommissiners, as hereinafter provided, together with the mayor of said cities for the time being, or whosoever may be officially acting in that capacity, and said board shall appoint one of its members as presidest. and one member who shall act as vice-president during the absence of the president; and such president, or vice-president, shall be the execu- tive officer of the board and shall act for it when the board is not in session. The said commissioners shall be citizens of the State of Missouri, and shall have been residents of the cities for a period of four years next preceding their appoint- ment; they shall, except as hereinafter specified, hold their offices for four years, and until their respective successors shall have been appointed and quali- fied, and receive each a salary of one thousand dollars ($1,000.00) per annum, payable monthly; before entering upon the duties of their said offices, the said commissioners and the said mayor, shall take and subscribe before some judge of the circuit court of judicial circuit in which said cities shall be located or the clerk thereof, the oath or affirmation prescribed by the constitution of the State of Missouri, and shall also take and subscribe before the same judge or clerk the further oath or affidavit that in any and every appointment or removal to be made by them to or from the police force created and to be organized by them under this article, they will in no case and under no pretext appoint or remove any police- man or officer of police or other person under them, on account of the political opinions of such police officer or other person, or for any other cause or reason than the fitness or unfitness of such a person, in the best judgment of such com- missioners, for the place for which he shall be appointed, or from the place from which he shall be removed. The said oaths or affirmations shall be recorded and preserved among the records of the said circuit court. One of their number shall, from time to time, be appointed by the said commissioners treasurer of said board of police; and his appointment, when made, shall be certified to by the clerk of the circuit court of the judicial circuit in which said cities shall be located, under •This police act was upheld by the Supreme Court in State ex rel. vs. Mason. 153 Mo. 23, its validity being fully sustained, and in this case as ^vell as the later case of State ex rel. vs. Stobie, 92 Soutliw. 191; 8. c. 194 Mo. 14. the history of the police acts were discussed in the opinions, as well as the principles upon which these acts rest. In the latter case Sec. 14 of the Scheme was hold to be annulled in si> far as it purported to confer authority on the St. Louis city police force to act in the county of St. Louis. (*) The act of 1899 is really an amendment of the act 1860-1861. although it pur- ports to repeal the latter: .State ex rel. vs. Mason. 1.t3 Mo. 2.t. But in so far as differing therefrom of course repeals the old law: State ex rel. vs. Stobie, li'l Mo. 11. (see both majority and dissenting opinions.) ART 1.1 STATK LAWS SPECIALLY Al'l'LlCAHLI-: TO ST. LOUIS. I75 the seal of said court. Saiil treasurer shall hold his oflli-e for siuh time as may be desiKiiated hy the commissioners, who may remove him at ijleasure. Hefore he enters upon the duties of his office as treasurer, he shall give bond to the State of Missouri, with one or more sureties. In the penalty of ten thousand dollars, con- ditioned for the faithful discharge of his duties as treasurer of the board of police, and for the faithful api)licalion and payment over. |)ursuaiit to the order and direction of said board, of all moneys which may come to his hands as such treasurer. The bond of the treasurer shall be approved bv a judge of the circuit court of the judicial circuit in which said cities shall be located and shall be delivered to and safely kept by the treasurer of said cities. The boards shall appoint a secretary to act as such for the board of police commissioners, to serve for the same time and in the bumo manner as other officers, and such appoint- ments shall be additional to the number of appointinents hereinafter provided for: Provided, that his salary shall be determined and fixed by the boards of police commissioners, and no other provisions of this article shall apply in the determin- ation of the amount of said salary. A majority of the boards of police shall constitute a quorum: and the failure or refusal of the mayor or acting mayor of said cities to (jualify or act hereunder, shall in nowise impair the right or duty of said com- missioners to organize and proceed as herein provided. In case a vacancy shall occur on said board, the same shall be filled by the governor of the State of .Mis- souri forthwith, after having been notified that such vacancy exists. Anyone of said commissioners, who. during his term of office, shall accept any other i)lace of public trust or emolument, or who. during the same period, shall knowingly re- ceive any nomination for an office elective by the people, without iniblidy declln- Ing same within tenty days succeeding such nomination, or shall become a candidate for the nomination for any office at the hands of any political party. shall be deemed to thereby forfeit or vacate his office. .\ny of said comniission- ers may be removed by the governor of the State of Missouri upon his being fully satisfied that the commissioner Is guilty of any official misconduct. (lb., p. 52. gee. :!. R. S. 1899. sec. 6210 — c.) Sec. 430. (Jovernor to appoint commissioners. — The governor of the State of .Missouri, by and with the advice and consent of the senate, shall ajjpoiut the four commissioners i)rovided for in section 3 of this article [sec. 429 above] and said commissioners shall hold their offices for four years and until their successors shall have been appointed and qualified. The governor shall issue commissions to the IK^rsons so appointed, designating the time for which they are appointed in case the appointment is to fill an unexpired term occasioned by death, resignation or any other cause, and whenever the term of office of any commissioner expires, the ap- pointment of his successor shall be for four years. The commissioners now holding offices under existing laws in any city of this state to which this act ap- plies, are to hold their offices until the expiration of their terms, and their suc- cessors are duly appointed and qualified. (lb., p. 53, sec. 4. R. S. 1 S99, sec. 6211.) Sec. 431. Duties ot coinniissioner.s. — The duties of the boards of police hereby created shall be as follows: They shall, at all times of the day and night, within the boundaries of said cities, as well on water as on land, preserve the |)ub- llc peace, prevent crime and arrest offenders; protect the rights of persona and property: guard the public health: preserve order at every public election, and at all public meetings and places, and on all public occasions; prevent and remove nuisances on all streets, highways, waters and other places; provide a i)roper po- lice force at every fire for the protection of firemen and property; protect enii- Rranls and travelers at steamboat landings and railway stations; see that all laws relating to elections and to the observance of Sunday, and regulating pawnbrokers. Kamblers. Intemperance, lotteries and lottery policies, vagrants, disorderly per- .sons. and the public health are enforced. They shall also enforce all laws and all ordinances passed or which may hereafter be passed by the common council or municipal assembly of said cities, not Inconsistent with the provisions of this article or any other law of the State, which may be pro|)erly enforceable by a police force. In case they shall have any reason to believe that any person within said cities in- tends to commit any breaches of the peace, or violation of the law or order beyond the city limits, any person charged with the commission of crime In said cities and against whom criminal process shall have Issued, may be arrested upon the same In any part of this state by the police force created or authorized by this act: Pro- vided, however, that before the person so arrested shall be removed from the I'ounty in which such arrest is made he shall be taken before some judge or Justirp of the county, to whom the papers authorizing such arrest shall be sub- mitted; and the person so arrested shall not be removed from said county, but shall forthwith be discharged, unless such judge or justice of the peace shall en- dorse and approve said papers. The said police commissioners, or either of them. shall hare the power to administer oaths or affirmations in the premises, to any '<•) t'ndfT tho act of ISRO the members of the police force are the executive offlcors of the board when It Is not In session, and not the mayor: Francis vs. Blair. 96 Mo. 515. 170 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 24. person appearing or called before them. They shall also have the power to sum- mon and compel the attendance of witnesses before them, whenever it may be necessarv for the more effectual discharge of their duties, (lb., p. 35, sec. 5. R. S. lS99,"sec. 6212 — d.) Sec. 432. May appoint and eiiiplo)- perniaiicnt police force — niiniber of — term, etc. — To enable the said boards to perform the said duties imposed upon them, they are hereby authorized and required to appoint, enroll and employ a permanent police force for the said cities, which they shall equip and arm as they may judge necessary. The number of policemen to be appointed shall not be less than twelve hundred and fifty patrolmen and one hundred and fifty probationary patrolmen; provided, however, that appointees constituting the increase of patrol- men authorized by this act shall serve one year as probationary patrolmen before attaining the rank of patrolmen; the number of detectives to be appointed shall not be less than twenty-five; the number of turnkeys to be appointed shall not be less than thirty-five, and in the appointment of such turnkeys, retired and disabled policemen shall be given the preference, together with the officers hereinafter mentioned, and such number may be increased to such additional force as extraor- dinary emergencies may require, and any act of the municipal assembly or common council tending to diminish the number of men above specified shall be null and void. The boards alone shall have the power to determine whether such extraor- dinary emergencies requiring additional patrolmen exist or not, and their finding in the matter Is not subject to review by any other power. Said boards shall cause the force of sergeants, patrolmen and probationary patrolmen in such cities to be divided as equally as may be into three platoons, and thereafter eight hours shall constitute the time of regular service for the members of each platoon during any one day of twenty-four hours. Nothing herein, however, shall be so construed as to prevent the Board of Police Commissioners in any city from suspending the operation of such rule fixing tlie time of regular daily service of such iiolice offi- cers in case of existing emergencies, and said board shall have full power to de- termine the existence and duration of such emergencies, and its finding in respect thereto shall not be subject to review by any other power. No person shall be appointed or employed as policeman, detective, turnkey or officer of police who shall have been convicted of, or against whom any indictment may be pending for any offense, the punishment of which may be confinement in the penitentiary; nor shall any person be so appointed who is not of good character, or who is not a citizen of the United States or who is not able to read and write the English language, or who does not possess ordinary physical strength and courage. The patrolmen, detectives and turnkeys hereafter appointed shall serve while they shall faithfully perform their duties, and possess mental and physical ability, and be siibject to removal only for cause at the hearing by the board who are hereby invested with the exclusive jurisdiction in the premises. (Laws 1907, p. 113, amending Laws 1903, p. 92, amending R. S. 1899, sec. 6213 — e. ) Sec. 433. Officers of police — rank — number — bond. — The officers of police shall be as follows; One chief of police, with rank of colonel, who shall give bond, with security, in the penal sum of twenty thousand dollars ($20,000), for the faithful performance of his duties; one assistant chief of police, with rank of lieutenant-colonel; one chief of detectives, with rank of major; one assistant chief of detectives, with rank of lieutenant; one inspector, with rank of major; one secretary of the chief; one superintendent of Bertillon system: fourteen captains; fourteen lieutenants, and one hundred and thirty sergeants. They shall haye commissions issued to them by the board of police commissioners and those here- after commissioned shall serve while they shall faithfully perform their duties, (rf) State vs. Boyd, lOS Mo. App. 1. c. 524-525; See also State ex rel. vs. Stobie. supra. (,•) As to the reasonableness of the number of the force (under the act of 1S99 before the above amendment) see State ex rel. vs. Mason, 153 Mo. 23. also liolding that there was no delegation of authority to the board contemplated to determine the number of men. The term for which a policeman is appointed was four years, and If he holds over after the expiration of that time it is not a new appointment by implication for another four years, but he becomes a mere locum tnmts. and may be discharged bv the board at will without notice, nor does the former provision giving an officer who has faithfullv performed his duty a preference for reappointment change this result: State ex rel. Rife vs. Hawes. 177 Mo. 360 (overruling State ex rel. Campbell vs. Board. 14 Mo. App. 308, s. c. 88 Mo. 144. which held that where there was no definite period of appointment the law fixed it at four years). But during the term for wliich the officer was appointed he could not be removed without notice and a hearing, and if so illegally removed he could mandamus the board to issue a w*arrant for his salary: State ex rel. Gieselman vs. Hawes. 177 Mo. 387, following State ex rel. vs. Chapman, 153 Mo. 194. The tenure of a captain is not a definite term of four years but indefinite, depending on the pleasure of the board: State ex rel. Young vs. Hawes. 177 Mo. 393; State ex rel. vs. Huebler, 177 Mo. 398. As to removal of turnkeys see State ex rel. Bruce vs. Hawes, 177 Mo. 394; State ex rel. Rife vs. Hawes, 177 Mo. 360, 382 (holding that a turnkey held at the pleasure of the board). AKT. 1.) STATi: KWVS SPECIAI.I.V AIM'LICABLE TO ST, LOflS. I77 and possess mental and physical ability, and he suhjert to removal only for cause after a hearinK hy the hoard, wlio are hereby invested with the exclusive juris- diction in the premises. (Laws 1907. p. 11-1. amending It. S. 1S99. sec. fiil-t — 1.) Sec. 434. Conipeiisatloii of police. — The chief of police shall receive five thousand dollars ( $.'i,OtMl.iMl ) [ler annum, payable in monthly installments; the as- sistant chief of police shall receive thirty-eight hundred dollars ($3,800.00) per aDnuni. payable in monthly installments; the chief of detectives shall receive thirty-live hundred dollars (13,500.00) per annum, payable in monthly install- ments; the assistant chief of detectives shall receive eighteen hundred dollars ($1, MOO. 00) per annum, iiayable in monthly installments; the secretary of the i)o- llce board shall receive a salary oi twenty-live hundred dollars ( $L',.')00.00) per annum, payable in monthly installments; the inspector shall receive twenty-live hundred dollars ( IL'.oOO.OO ) per annum, payable in luonthly installments; the sec- retary to the chief shall receive two thousand dollars ($2,000.00) per annum, payable in monthly installments; the superintendent of the Hertillon system shall receive eighteen hundred dollars ($1,800.00) i)er annum. i)ayable in monthly in- stallments; each captain shall receive twenty-four hundred dollars ($:i.400( per annum, payable in monthly installments; each lieutenant shall receive fifteen hundred dollars ($l..jOO.0O) per annum, payable in monthly installments; each sergeant shall receive thirteen hundred and eighty dollars ($l,3S0.0(i| per annum, payable in monthly installments; each detective shall receive thirteen hundred and eighty dollars ($1,380.00) per annum, payable in monthly installments; each patrolman shall receive ten hundred and eighty dollars ( $1,080.00 1 per annum. payable in monthly installments: each probationary patrolman shall receive seven hundred and eighty dollars ($780.00) per annum, payable in monthly install- ments; each turnkey shall receive seven hundred and eighty dollars ($780.00) per annum, payable in monthly installments. The rate of salaries herein pro- vided shall not be less than the amounts above enumerated, and any act of the municipal assembly or common council of the said cities tending to lower the above scale shall be null and void. It shall be the duty of the municipal assembly ^ or common council of the said cities to make the necessary appropriation for the ' expense of maintenance of said police force in the manner hereinafter provided. j (lb., p. 55, sec. 8. R. S. 1899. sec. 6215.) i Sec. 435. Vucancies, how lilled — proinotion.x — relief — rules, etc. — When any ; vacancy shall take place in any grade of officers, it shall be filled from the next ' iowest grade: Provided, however, that probationary i)atrolmen shall serve at I least one year as such before being promoted to the rank of patrolman; , patrolmen shall serve at least three years as such before being pro- I aioted to the rank of sergeant; sergeants shall serve at least one year as such be- I fore being promoted to the rank of lieutenant; lieutenants shall serve at least one year as such before being promoted to the rank of captain: and in no case shall the chief or assistant chief be selected from men not members of the force or below ' the grade of cai)tain. Patrolmen shall serve at least three years as such before ' promotion to the rank of detective; the inspector shall be taken from men In the rank not below the grade of lieutenant. The boards of police are hereby authorized I to make all such rules and regulations, not inconsistent with this act, or other 1 laws of the state, as they may judge necessary, for the appointment, employment, uniforming, discipline, trial and government of the police, and for the relief and 1 compensation of members of the police force injured in person or property in the discharge of their duties, and the families of the officers or men killed while in such discharge of duty: Provided, that the allowance shall not exceed, in any one • Instance, twelve months' pay. The said boards shall also have power to require I of any officer or policeman bond with sureties, when they may consider it de- manded by the public Interests. All lawful rules and regulations of the boards shall be obeyed by the police force on pain of dismissal, or such lighter punish- ment, either by suspension, fine, reduction or forfeiture of pay. or otherwise, as the boards may adjudge. ( lb, p. 55. sec. 9. R. S. 1899, sec. 6216.) Sec. 436. Police officers to receive no Kmtuitjr. — No officer of police or policeman shall be allowed to receive any money or gratuity or compensation for lany service he may render without the consent of the said boards; and all such (f) As to homing ovpr after term and removal with or without notlte and preference for reappointment, see precedlnK note. The power to determine whether a policeman |h«« falthfiilly performed hLs dutle.i la vested In the hoard and Is not sutijeet to review |by the court: State ex rel. Jtlfe vs. Ilawes. 177 Mo. .180. 379. Under the former act 'ih* board appointed the chief for a tl.ved time: wluTe however they expressly did " ! rtx the time It was held that the law tlxed It at four .vears and ttiat he could not removed witlioiit cause before the end of the term: State ex rel. Campbell vs. ird. 1( Mo. .\pp. 21*7. affirmed SS Mo. 14 1: but tliat case was expressly overruled ">• the later case of i^tate ex rel. Rife vs. Hawes. 177 Mo. 360. The chief mav be ^suspended pendInK trial: State ex rel. Campbell vs. Board. IS Mo. App. -IS. He Is entitled to the benefit of counsel at the trial; so held In State ex rel. Klely vs. Board jof Police Commissioners. (Supreme Court In banc Feb. 26. 1!>06: no opinion was Hied jn the cause, to the time of this wrltlnel. The police are both state and city offlcers: See Infra Sec. 451 and note to Art. I\'. Sec. 43 of Charter. ITS STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. tCHAP. 2t moneys as any policeman or police officer may be so permitted to receive, shall be paid over to the boards, and together with all the proceeds of all fines, forfeitures and unreclaimed property vrhich may come to the possession of said boards, or to be recovered by them under the provisions of this act, or any other law, or ordi- nance, shall be disposed of in accordance with rules adopted by the said boards, subject to the provisions of the laws of this state controlling and directing the dis- pensation of such funds, clb.. p. 56, sec. 10. R- S. 1S99, sec. 6217.) Sec. 4S7, The boards to have office furniture, etc, — The said boards shall be and they are hereby authorized to provide themselves with such office and office furniture, and such clerks and subordinates as they shall need; and to have and use a common seal. They shall divide the said cities into twelve police districts, and provide in each of them, if necessary, a station house or houses, with all things and equipments required for the same, and all such other accommodations as may be required for the use of the police. The said boards, for all the purposes of this act. shall have the use of the fire alarm telegraph of said cities for police purposes, and all station houses, watch-boxes, firearms, equipments, accoutrements and other accommodations and things provided by said cities, for the use and service of the police, as fully and to the same extent as the same are now used by or for any present police, or as fully and to the same extent as the same may be used by any police force in any of the citie.s to which this act may hereafter apply; and the mayor and common council or municipal assembly, and all 3>ersoas and municipal officers in charge thereof, are hereby ordered and required to allow such use accordingly. In case the said mayor and common council or municipsi assembly of any [of] said cities, or its officers or agents, refuse or neglect to allow such use. as and whenever the same shall be required by the boards created by this act, or refuse to set aside and appropriate the revenue necessary to carry oal the provisions of this act. or place obstructions or hindrance* in the way of tht proper discharge of the powers of said boards, the said boards may apply to the circuit courts of the judicial circuit in which said cities may be located, in the name of the state, for a mandamus to compel a compliance with the provisions of this section, and the application thereof shall be heard and decided by the court. One week's notice of the application shall be given, and the respondent or re- spondents shall have the right to answer within the week: and if testimony be needed on either side, the same shall be taken within ten days atfer the same is filed, or the said week shall be expired. From the decision of the circuit co-art ia the premises either party may appeal within ten days; and it shall be the duty of the clerk of said courts to send up the record immediately, and the appeal shall be heard immediately by the supreme court, if then in session, and if not in session, at the next term. In both courts the case shall be taken up and tried in preference to all others, (lb., p. 56. sec. 11. R. S. Is&S. sec, 621S — <7.) Sec -43$. Sheriff to aid in niainta-ining public peace, — It shall be the duty of the sheriff of the county or city in which any of the cities to which this act may apply shall be located, whenever called on for that pur}>ose by said boards, to act under their control for the preservation of the public peace and quiet: and, if ordered by them to d» so, he shall summon the ix>sse commilatus for that pur- pose, and hold and employ such posse subject to their direction; whenever the ex- igency or circumstances may, in their .judgment, warrant ii. the said boards shall iiave the power to assume the control and command of all conservators of the !'>eace of the county or city in which any of the cities to which this act may ap.enses of the police department, and they shall forthwith certify the same to the board of coa- mon council or municipal assembly, as the case may be. of said cities, who JUtw nereby required to set apart and appropriate the amount so certified, payable o«t cf the revenue of said cities, after having first deducted the amount necessary to pay the interest upon the indebtedness of said cities, the amount necessary for the ejcpenses of the city hospital and health department, the amount necessary for lighting the city, and any sum required by law to be placed to the credit of the sinking fund of said cities. The said boards of police commissioners shall pass (j: ) See State ex rel vs. Mason, 153 Mo. 2S. (*■> A niember of the posse comitates r-Alle<3 diiriug the street car strilJ'' <>t ISOfi was a oonseTvator of the peace and not entitled to a reward for services vriimn the scope of his duties hut after their cessation occupied the sanie position as a privat- person and could recover under promise of reward fr«in the street car compani''' Comwell vs. Transit Co., 100 Mo. .Vpp. 25S. 2*2. ■.r .r 1- 1 J* 1---. iC -3. .f - -s .f SCBX> ^x r^- 180 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 21. further required to employ such additional assistance as may be necessary to prop- erly conduct and manage this department. (lb., p. 59, sec. 16. R. S. 1899. sec. C223.) Sec. 443. Boards to keep joiii-iiul of their proceedings. — The boards shall cause a full journal of their proceedings to be kept, and shall also cause all their receipts and disbursements of money to be faithfully entered in books to be pro- cured and kept for that purpose, and said journal, and all said books, and all other documents in possession of said boards, shall always be open to the inspection of the general assembly of the state of Missouri or any committee appointed by it for that purpose. It shall be the duty of the boards to report to the common council or municipal assembly of the said cities at each annual session thereof, the num- ber and expenses of the police force employed by them under this act, and all such other matters as may be of public interest, in connection with the duties assigned them by this act. (lb., p. 59, sec. 17. R. S. 1S99, sec. 6224.) Sec. 4 4 4. Mounted police. — The boards, whenever and for so long a time as may be necessary, is [are] authorized, out o£ the force hereinafter provided for, to appoint, mount and equip as many policemen as they may deem necessary for duty in the parks, outskirts and such other portions of the said cities as the board may deem necessary. (lb., p. 59, sec. IS. R. S. 1899, sec. 6225 — j.) Sec. 4 4 5. Proceedings to suppress gambling. — Whenever the president or acting president of said board shall have the knowledge or shall receive satisfactory information that there is any prohibited gaming table or other gaming device or a.\> X)aratus used in gambling, or any books, instruments, boards or devices used in re- cording or registering bets or wagers or selling pools, kept or used in any of said cities, he shall have the power to issue a warrant, directed to some officer of the police force under said board, to seize and bring before him such gaming table or other gambling device or apparatus used in gambling, or such books, instruments, boards or devices used in recording or registering bets or wagers or selling pools, and to arrest such person or persons as may be in charge of, conducting, owning or operat- ing such table, device, apparatus, books, instruments, boards or devices so used; and upon the service of such warrant or warrants and seizure of any such table, device, apparatus, books, instruments, boards or devices, under sucli warrant or warrants, said acting president shall set a day, not less than hve days nor more than ten days after the date of such service and seizure, for determining whether such property so seized is the kind of property mentioned in this act, anu was so used or held for gambling purposes, or for recording or registering bets or wagers or selling pools. A written notice of the date or place of such hearing shall be given the owner or owners of such property by posting a copy of such notice in a conspicuous place on the premises in which said property is seized, at least five days before the date of said hearing, and such owner or owners may appear at such nearing and defend against the charges as to the nature and use of the property so seized, and said acting president shall determine, from the evidence produced at such hearing, whether the property is the kind of property, and was used or held for the purpose hereinbefore mentioned: and said acting president is hereby declared to be, and is constituted a magistrate and clothed with jurisdiction and power to issue such warrants in the same manner, and with like effect as warrants are now issued by justices of the peace, and to determine judicially the character, nature and use of the property so seized: Provided, that persons arrested under such warrants shall be sent before the judge of the police court or other proper magistrate of the said cities, together with the charges filed against them, and a list of witnesses to be summoned on pan of the prosecution, and said judge of the police court shall thereupon have jurisdiction to try such persons as provided by law. (lb., p. 59, sec. 19. R. S. 1899. sec. t;226.) Sec. 4 4 6. Power of officers to break doors. — The officer charged with the execution of such warrants shall have the power to break open doors for the purpose bf executing the same and for that ])urpose may have the assistance of the whole police force. (lb., p. 60, sec. 20. R. S. 1899, sec. G227.) Sec. 447. Gambling devices, etc., to be destroyed. — It shall be the duty of such president or acting president before whom any such prohibited gambling table or other gaming device or apparatus used in gambling, or books, instruments, boards, or devices used in recording or registering bets, or selling pools, shall be brought, in case he decides after hearing, that such i>roperty so seized was used or held for gambling purposes, or for recording or registering bets or wagers, or selling pools, to cause the same to be publicly destroyed by burning or otherwise. (Id., p. 60, sec. 21. R. S. 1899. sec. 6228.) Pec. 448. Proceedings where property has been stolen. — Upon complaint be- ing made, on oath, to the president or acting president of the board, that any personal property has been stolen or embezzled and that the complainant suspects that such property is concealed in any particular house or place in any of said cities, if such president or acting president shall be satisfied that there is reasonable ground for sus- (i) Section referred to in State ex rel. vs. Stobie. 92 Soutliw. IfU. 202, S. C. 194 Mo. 14. ART. 1--'. 1 STATl-: LAWS SPECIALLY ArPLICABLK TO ST. UJUIS. ]Sl picion. he may issue a warrant to search for siuh properly, anil said president or acl- InK president is hereby declared to be and is constituted a magistrate and clothed with judicial functions and powers to issue such warrants in the same manner and with lilerty is suspected to be concealed, which place shall be designated and the property particularly described in such warrant, and to bring such stolen property before the police Justice or some justice of the peace of said (ities, and upon the return of such warrants to such justice he shall proceed thereon in like manner as if such warrants had been by him issued, (lb., p. GO. sec. 2:!. R. S. ISitU, sec. r,2:iO.) Sec. 4.')(i. Xo fee allowed, when. — No fee shall be allowed for the issue or e.xecution of the warrants aforesaid. (lb., )). (iO, sec. 24. R. S. 1899, sec. 0231.) Se<'. 4.'«1. I'm|M-nsali(>n, in ca.se of disability of polici-nu-n, — rir.it — That if llh* persim so employed shall become physically disabled while in and In conse- quence of the performance of his duty as such |)Oiiceman, said board shall, upon hig written request, or without such request if the board deem it for the good of '11-' iMillce force, retire such person from active service, and order and direct that ;iK the continuance of such disability he shall be paid from the funds provided he municipal assembly for the [layment of the i)olice force of said city, a hly .salary not exceeding one-half the amount of the salary attached to the which he may have held on said police force for one year next preceding such Mt: Provided, that no person shall be retired and paid as aforesaid, un- shall he filed with said board certificates of disability, which certificates • '•■ -oibscrlbed and swt)rn to by said person, and by the police surgeon. If there ■le. and by two physicians in good standing in said city: and such board may, fhinks proper, require other evidence of such disability before ordering such ••nient and payment as aforesaid. t) Police are both slate and city offlcers: See cases under note to Charter Art. 182 STATE LAWS SPECIALLY APPLICABLE TO ST- LOUIS. [CHAP. 24-::. Sec. 455. Compensation to family in case of death. — Second — That if the person so employed as policemaii shall lose his life while in and by reason of the performance of his duty as such policeman, or shall thereby receive injuries from which he shall thereafter die. leaving a widow, or child or children under the age of 16 years, then upon satisfactory proof of such facts made to it. such board shall order and direct that a monthly payment, equal to one-half the amount of the salary attached to the rank which said policeman held on said police force at the time of his death, shall be paid to the widow during her life, from the funds provided by the municipal assembly for the payment of the police force of said city, and if there be no widow, then to such child or children until they shall be- come 16 years of age; but if such widow shall marry, then such payment shall cease. Sec. 456. May retire after 20 years' service— compensation. — Third — That any person so employed, who shall serve for the period of 20 years or more, may in the discretion of said board be retired from active service, and be thereafter paid during his natural life a yearly salary equal to one-half the amount of the salary attached to the rank which he may have held on such police force for one year nest preceding his retirement: Provided, that any person who is retired from active service under this section on account of disability may be summoned to appear before the board at any time thereafter, and shall submit himself thereto for examination as to his fitness for duty, and shall abide the decision and order of such board with reference thereto; and all members of the police force retired under the provisions of this section, except those retired after 20 years' service, shall report to the chief of police of the city on the of each and every month, and in cases of emergency may be assigned to and shall perform such duty as said chief of police may direct, and such person shall have no claim against the city for payment for such duty so performed — 7. Xo member of the police force who shall be retired on half pay under this section after twenty years" service, or who shall be retired on half pay on ac- count of physical disability as herein provided, shall be entitled to any relief from any police relief association organized under section 2SS5 of the Revised Statutes of 1SS9. nor shall the families of deceased policemen who may be provided for by the board of police commissioners under this section be entitled to receive any aid from any relief association organized under section 2SS5 aforesaid. The said board shall also have power to require of any officer or policeman bond with sureties, when they may consider it demanded by the public Interest. All lawful rules and regulations of the board shall be obeyed by the police force on pain of dismissal, or such lighter punishment, either by suspension, fine, reduction or forfeiture of pav, or otherwise, as the board may adjudge. (Laws 1S95, sec. 1, pp. 234, 235.) Sec. 45 7. Acts repe;Uecl. — All acts and parts of acts in conflict with this act are hereby repealed. 'This act to take effect and be in force from and after its passage. "~^ ,-' ARTICLE III. HOLTDATS TO OFFICERS OF POLICE. Section 4 5S. Holidays to officers in active service. — That the board of police commissioners In cities of one hundred thousand inhabitants and over shall grant each and every metropolitan police officer, in active service, twenty-four days a year. Xo deduction shall be made from the salary of any police officer on account of the aforesaid holidays. Upon the taking effect of this act. the board of police commissioners of all cities of one hundred thousand inhabitants and over shall make an order in- structing the chief of police to set apart the days in each month each police officer Is entitled to under this act. (Acts 1S93, p. 59. sees. 1, 2 and 3: R. S. 1899, sec. 6205.) ARTICLE IV. SPECIAL POLICE OFFICER OF HFM.^XE SOCIETY. Section 459. Appointment and compensation. — In cities wherein not more than three incorporated societies for the prevention of cruelty to children and ani- mals known as humane societies exist, and the same city having the metropolitan police system, it shall be the duty of the board of police of said city to appoint one special officer, to each of said societies, to be recommended by the humane society which said officer is to represent, whose term of office and wages shall be the same as that of a regular policeman. Said special officers shall be subject to the (.'1 This section is void because in violation of that part of the constitution pro- hibiting the General Assemblv from authorizing any city to grant public money in aid of any individual; State ex rel. vs. Ziegenhein. 144 Mo. 283. AltT. 3-:!-4.] STATK LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 283 authority of the board of police, but ununiformed in costume, but shall wear over his left breast the badge adopted by the humane society which he represents I Laws 1901, amending U. S. 1899, sec. G16S — m.) CHAPTER TWENTY-FIVE. PHAU,\L\Cy. PRACTICE OK. Section 460. Persons coniiiuunding iiiediciiies to procure ceiiillcnte. — Six months from and after the pa.ssage of this act, no iierson whatsoever shall, in the city of St. Louis. euKage in the busines.s of couii)ouniiinK or dispensing medicines or prescriptions of physicians, or in the retail of poisons or niediiinos. without first having obtained a written cert ideate that he is duly competent and (pialilied to do so from the board of pharmacy established by this act, and without having been duly registered, as hereinafter provided. (Laws 1S74. p. 377. sec. 1. R. S. 1S99, p. 2,"jG0.) Sec. 461. A board of pliarnuu'.y created — its duties. — The members of the St. Louis college of pharmacy residing in St. Louis shall, two months after the passage of this act, and every third year thereafter, during the month of May, elect five of the most competent jiharniacists of St. Louis to serve as a board of pharmacy. The mem- bers of this board shall, within ten days after their election as aforesaid, individually take and subscribe before the clerk of the county court [register] of St. Louis, an oath faithfully and impartially to discharge the duties prescribed for them by this act. They shall hold their respective ofUces for three years, and until their successors are duly elected and qualified; and in case of any vacancy, the trustees of the college of pharmacy shall fill the same from two or more nominees elected at a special meet- ing of the college of pharmacy. The board shall organize for the transaction of business by electing a president and secretary for the whole term. The board shall meet at least once every three months; have power to make by-laws for the proper fulfillment of their duties, and three members shall constitute a quorum. The duties of said board shall be to transact all business pertaining to the legal regulation of the practice of pharmacy in the city of St. Louis, and to examine and register pharma- cists. Any pharmacist applying for examination shall pay to the secretary a fee of Ave dollars, and. should he pass such examination satisfactorily, he shall be furnished with a certificate of his competency and qualifications, signed by the president and the examiners. (Laws 1874, p. 377, sec. 2. R. S. 1S99, p. 2.iG0.) Sec. 4 62. Duties of the secretary of the board. — It shall be the duty of the secretary to keep a book of registration open at some convenient place, of which due notice shall be given through the public press, in which book shall bo registered the name and address of every person coming under the jirovisions of this act. and it shall be the duty of all such persons to appear before the secretary for registration, within thirty days after this act has gone into operation, and be registered. The fee for the registration of pharmacists shall be one dollar. The secretary shall give re- ceipts for all moneys received by him. and pay over the same to the treasurer of the college of pharmacy, taking his receipt therefor, which money shall be used for the purpose of defraying the expenses of the board of pharmacy, and any surplus shall be for the benefit of the college of pharmacy. (Laws 1874. p. 377. sec. 3. R. S. 1899, p. 2561.) Sec. 463. This net not to apply to certain persons. — The foregoing pro- rtslons of this act shall not apply to or affect any person who shall have a diploma or certificate from any incorporate college or school of pharmacy, whose diploma or cer- tificate Is based upon a regular term of service in the drug and apothecary business, or who shall have been engaged as proprietor in the drug and apothecary business in the city of St. Louis one year prior to the passage of this act, except only so far as relates to the registrations as iirovided for in sections two and three of this act. (Laws 1874. p. 377. sec. 4. R. S. 1S99, p. 2561.) Sec. 464. Who may compound medicines. — No person shall bo allowed by the proprietor or manager of any store to compound or dispense the prescriptions of phy- sicians (except as in aid under the immediate supervision of the proprietor or his qualified assistant) unless he is a graduate in pharmacy, or has had at least four years' ex|>erience In stores where prescriptions of medical practitioners are com- pounded, and has passed an examination before the board of pharmacy to be created I by this act, or siuh foreign pharmacists as shall present satisfactory credentials or ; certificates of their competency and qualifications to the said board of pharmacy. Any person violating the provisions of this section of this act shall be deemed guilty of a misdemeanor, and on conviction thereof, be liable to a penalty not exceeding one hundred dollars. (Laws 1.S74. p. 378. sec. ii. R. S. 1899. p. 25C1.) Sec. 46.1. Itrspon.sibiliiy of pharmiicists. — Every registered pharmacist, from and after the passage of this act, shall be held responsible for the quality of all the (■•1 Half of what flnes gro to Humnne Society: See Rev. i" rinking Fountklna ••tahll. Shall Iw » lien aKain.st real estate of collector. — Said bond, when approved and recorded, shall be a lien against tlie real estate of stich collector until he shall have complied with the conditions thereof. ( R. S. is;99. sec. 9210 — s.) Sec. 4 76. Not invalie Chnrter Provisions as to bond, powers, duties, etc.. Charter. Art. V, Sees. 30 to SS; and ordinances on these subjects, see Rev. Code. Sees. 2289 et seq. (>) See note to Charter. Art. V. Sec. 1. As In tran.xfer of funrtlons to city offlcers on adoption of Scheme and Charter see note Introductory to Charter hereinafter. (ff) See 10 Mo. 338: see cases cited Infra note 497. (r) So by Charter. Art. V. Si-c. 30. t«) Creates no llt-n unless he has a henetlclal Interest: Morrison vs. Herrlngrlon. llO Mo. «65: as to whot Is an Immaterial vorlance In the conditions of the tiond, ond from what time the bond becomes a Hen on collector's realty, see Wlmpuy vs. Kviins. (4 Mo. m. 186 STATE LAWS SPECIALLY APPLICABLE TO ST, LOUIS. [CHAP. 26. court or collector shall subject them each to a penalty of not less than five hundred dollars, and all damages and costs to be recovered before any court of competent Jurisdiction in this state: and the auditor is hereby required to bring suit, without delay, for every evasion of the requirements of this section, as soon as the same comes to his knowledge — the amount recovered on such fines to be paid into the state treasury as revenue fund: Provided, that nothing in this ssection shall be construed as relieving the sureties of a collector from liabilities incurred under a bond not approved and filed by the auditor. (R. S. 1899, sec. 9212 — t.) Sec. 478. Bonds to be e.\ainiiied by county court, when. — The county court shall, at the end of the first year, carefully examine the bond given as collector, and may again examine the same at any time before the tax-booK of the second year of his term shall be delivered to him, and by such examination ascertain if the bond be sufficient, and the sureties thereto still solvent and sufficient, and upon such examination, if found to be necessary, the court shall require an addi- tional bond, as collector, with good security, to be approved by the court, as in the taking of the original bond. (R. S. 1.S99, sec. 9213.) Sec. 479. Failure to give additional bond. — If such collector shall fail to give such additional bond and security for ten days after he shall be required to do so by law, his office of collector shall be vacant. (R. S. 1899, sec. 9214.) Sec. 4 80. Sureties may be discharged, when. — The sureties on any bond given in pursuance of this chapter, or either of them, may, at any time after the execution of said bond, if they, or either of them, have good reason to believe that the officer in said bond is about to fail to comply with the conditions thereof, file with the clerk of the county court a notice, in writing verified under oath by the person asking to be discharged, setting forth the facts in the case, and asking to be released from any further liability on said bond; whereupon the clerk with whom such notice shall be filed shall notify the said officer to give additional se- curity, equal to the security about to be released by the county court; which no- tice may be served by the said clerk, or by any person appointed by said court or clerk. If the officer so notified shall not appear and give additional security within ten days from the time he may be so notified, the county court may remove him from office; and in all such cases the person appointed to fill the vacancy oc- casioned by such removal shall execute bond, qualify and perform the duties re- quired as such officer: Provided, that if the sureties on any collector's bond, or either of them, shall be satisfied that such collector is making improper use of the funds, collected by him, or has absconded or is about to abscond from this state, whereby said sureties may become liable to pay any sum or sums of money, it shall be lawful for said surety to sue out a writ of attachment against the goods and chattels of such collector in like manner as he would be authorized to do if said collector was personally indebted to such surety; and the money collected on any such attachment shall be paid into the state, county, town or city treasury, by the officer collecting tlie same, in like manner as if paid over bv the collector. (R. S. 1899, sec. 9215.) Sec. 4 SI. In case of vacancy, duty of successor. — lu case of a vacancy, as mentioned in the foregoing section, the person appointed to fill such vacancy shall execute a bond and collect anti pay over the taxes in the same manner as the col- lector should have done, and his acts shall be as binding and effectual as the col- lector's would have have been had he completed the collection. The collector so appointed may obtain judgment, and sell delinquent lands and lots in like manner as the collector would have been authorized to do had he completed such collec- tions. (R. S. 1899, sec. 9216.) Sec. 482. Collector may appoint deputies. — Collectors may appoint deputies, by an instrument in writing, duly signed, and may also revoke any such appoint- ment at their pleasure, and may require bonds or other securities from such depu- ties to secure themselves; and each such deputy shall have like authority, in every respect, to collect the taxes levied or assessed w-ithin the portion of the county, town, district or city assigned to him, which, by this chapter, is vested in the col- lector himself; but each collector shall, in every respect, be responsible to the state, county, towns, cities, districts and individuals, companies, corporations, as the case may be, for all moneys collected, and for every act done by any of his deputies whilst acting as such, and for any omission of duty of such deputy. Any bond or security taken from a deputy by a collector, pursuant to this chapter, shall be available to such collector, his representatives and sureties, to indemnify them for anv loss or damage accruing from any act of such deputy. (R. S. 1899, sec. 9217 — u.) (/) Additional Bond: State ex rel. vs. Lafayette Co.. 41 Mo. 545. («) The state is the real party in interest in an action for delinquent taxes and If the collector retires from office his successor need not be made a party: See case cited infra in note to Sec. 491. The hill cannot in an action be excluded because slgnd liy a deputy, and it may be shown that he was in fact such; nor need a person suhsequentlv acquiring- an interest In the property be made a party: State ex rel. vs. Miller. 16 Mo. App. 539. As to charter power to appoint deputies see Art. V, Sec. 33. ART. 3.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 187 ARTICLE in. SETTLEMENTS OF. ANI> nEl'O.SITS HV fi )LLECTOU. Sec. 483. Collector to return tloliuquent list under oath. — At the term of the county court to be held on the first Monday in March, the collector shall return the delinquent Usls and back ta.\-boolvS. and in the city of St. l..ouis the uncollected ta.x-bills and back-ta.\ books, under oath or aftlrniation. to such court, and settle his accounts of all moneys received by liini on account of ta.\es and other sources of revenue, and the aiuount of such delinquent lists, or so much thereof as the court shall find properly returned delinquent, shall be allowed and credited to him on his settlement. Before allowing the collector such credit for any delinquent lists, the county court shall make special inquiry and be fully satisfied that he has used due diligence to collect the same, and that he could not find any personal property of the tax-payer out of which to make the taxes. If the court is satisfied that there are any names on the lists of jiersons who have personal property out of which the taxes could have been made, it shall, in passing upon such lists, strike such names therefrom. ( R. S. 1S99, sec. 9247 — r.) Sec. 4S4. Collector .St. I.ouis city to deposit, where. — The collector of the city of St. Louis shall, on .Monday in each week, deposit in such bank as may be designated to him by the treasurer of the state, to the credit of such treasurer, all moneys received by him for the state, first deducting the amount of his commission, and take from the cashier a certificate of every such deposit, which shall be received by the treasurer of the state in payment of the revenue. Such collector, when he shall make such deposit, shall transmit to the state auditor an affidavit, setting forth the amount of revenue which he has received since the last deposit, and tlie amount retained by him for his commission. Nothing contained in this section shall be so construed as to affect in anywise the rate or amount of commission which such collector would be entitled to on his final settlement. (R. S. 1899, sec. 925S — If.) Sec. 485. Penalty on collector for failure. — For every failure of the collector to deposit the revenue, as required by this cbai)ter, he shall forfeit to the state the sum of five hundred dollars, to be recovered of him or his sureties by suit on his official bond, and the auditor shall direct the prosecution of such suit immediately on the occurrence of such failure. ( R. S. 1S99. sec. 9259.) Sec. 486. Collector's coinnii.ssions— <'ounty clerk to certify to state auditor. — . The collector shall receive as full compensation for his services in collecting the reve- nne, except back taxes, the following commissions and no more: • » • XII. In all counties or cities wherein the total amount of all such taxes and llcen.ses levied for any one year exceeds one million dollars, the collector of revenue shall receive, collect and retain, as full compensation for his services, for collecting all revenue and other dues which he is authorized to collect, belonging to the state, school, county and city, the following commissions, viz.: On current and tax revenues as follows: On all sums collected up to and including eighty per cent of the total amount of such tax-bills placed in his hands, one-half of one per cent eonimisslon; on all sums collected over eighty per cent and up to and including ninety-five per cent, one per cent commission: on all sums collected over ninety-five per cent, two per cent commission. On licenses and all other dues, except delinq\ient and back taxes, collected in any one year, as follows: When the amount collected for the city aggregates eight hundred thousand dollars, or less, two and one-half per cent commission; on all licenses and other dues collected for the city in excess of eight hundred thousand dollars, four per cent commission; on all such licenses collected for the state, three per cent commission. All such commissions hereinbefore enumerated shall be deducted and retained by such collector out of the amounts collected for state, school, county and city respectively, and, upon settlement with TOch collector, shall be credited to his account and charged to the respective revenue accounts. On all back taxes and all other delinquent taxes, he shall be allowed a commission of two per cent, which shall be added to the face of the tax-bill and col- lected from the party paying such tax as a penalty, in the same manner as other penalties are collected an.i enforced. The said collector shall pay all salaries and other exi>enses of his office, and all other costs of collecting the respective revenues: Prnvuted. that the municipal authorities of such cities may limit the maximum number of and maximum salaries to be paid to all employes of the collector, and may other- wise reasonably limit the exi)enditures of his office and the cost of collecting the revenue. The collector shall make settlement annually on the first Monday of .March, and at the expiration of his term of office, with the proper officer of the city, for all commissions retained: and all commissions hereint)efore allowed shall be computed for the year or part of the year next preceding the dates of such settlement. Said collector shall present for allowance proper vouchers for all disbursements (i) When nudltor cannot Issue distresii warrant aKalnnt collector and sureties: Judson v.i. Smith. 104 Mo. 61. '■•'I See Charter. Art. V. Sec. 31. 7. 188 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 2G. made by him on account of salaries and expenses of his office, and other costs of collecting the revenue, which shall be allowed to him as against the commissions retained by him; and out of the residue of such commissions in his hands after deducting the amount of such vouchers allowed, he shall be allowed and authorized to retain, as far as the said residue of such commissions in his hands will permit, a comi)ensation at the rate of ten thousand dollars per annum. Should such residue of commissions be less than sufficient to cover the above compensation, then the entire residue shall be allowed to him, and shall be in full payment for his services. If, however, such residue is more than suffiicient to cover such compensation, then the surplus shall be paid over to the state, school, county and city in proportion as the amount collected from each bears to the total amount of collections: Provided, that this section shall not be construed as repealing the law requiring the collector to deposit, daily, in the city treasury, all moneys collected for the city, or the law requiring him to deposit, weekly, with the state treasurer, all revenue collected for the state. Collectors of revenue, under this subdivision, shall keep at all times in their office a notary public, who shall administer oaths and take notarial acknowledg- ments in connection with such office, without charge. All fees, commissions or other compensations heretofore charged, received or allowed, by or to any such collector, as compensation for his services, whether under or by virtue of state law or not, are hereby abolished; and such collector and all his deputies and employes are hereby forbidden, under penalty of forfeiture of office, to collect, charge or receive, directly or indirectly, any fees or commissions in the nature of conipensatiou or other compensation other than those allowed and authorized by this section. XIII. For the purpose of enabling the state auditor to determine the compensa- tion of the collector to be paid by this state, it is hereby made the duty of the clerk of the county court, immediately after such annual settlement made by the collector, to make out and forward a statement to the state auditor, under the seal of the court, showing the aggregate amount of all such taxes and licenses levied for the year for which such settlement was made, including therein local, special and school and all other taxes: Provided, that no collector shall be allowed to retain over nine thousand dollars of commissions and fees in any one year except as pro- vided in subdivision twelfth herein; and all fees and commissions coming into the hands of any collector, from any source whatever, in excess of nine thousand dollars, except as provided in subdivision twelfth, shall be paid into the city, county and state treasuries in iirojjortion to the amount received on taxes collected for each; and it shall be the duty of eacn collector, once in each year, to file in the county court in each county and in the office of the comptroller of each city not in a county, a statement, under oath, of the amount of fees and commissions received by him and from what source, and shall immediately pay over the excess according to the order of the county court or comptroller: Provided, liouever, that this act shall not apply to any county adopting township organization. ( R. S. 1S99, sec. 9260 — x.) Sec. 4 8 7. When collector's term expires — vacancies, how filled. — The terms for which collectors are elected shall expire on the first Monday in March of the year in which they are required to make their last final settlement for the tax-book which was to be collected by them. And when any collector resign, or be, from any cause, removed from office, and all collectors api)ointed by the county courts, or mayor of any city not within a county, to fill vacancies at the expiration of the term for which they were appointed (or as soon thereafter as his successor shall have qualified), they shall pay over all moneys which may be in their hands, due the state, or their successors in office, and take duplicate receipts therefor, one of which receipts the.v shall file with the clerk of the county court of their respective counties, and in St. Louis city with the city auditor, and retain the other for their own benefit. It shall be the duty of the county clerks and city auditor, as soon as they receive the receipts above mentioned, to certify the same to the state auditor, stating the amount of such receipts; and it shall be the duty of the auditor, upon the receipt of the same, to place the amount thus certified to the credit of the collector whose term of service has expired, and charge the same to his successor in office (R, S. 1899, sec. 9267.) Cr) The collector in St. Louis Is entitled to three per cent commission on revenue collected by him for tlie school board on the amount of merchants' and manufacturers' licenses: Board vs. Ziegenhein, 156 Mo. Sl.'i. A collector who begins and conducts to judgment, a back tax suit is entitled to tlie fees, although he is not in office when the judgment is rendered and the taxes collected: Watson vs. Schnecko, 13 Mo. App. 208. Under tlie ordinances of St. Louis it was held tiiat where there were two successive incumbents in the office of collector during one fiscal year, in determining the rate at wliich tlie commissions of tlie latter incunil>ent were to be computed, the collections made by his predecessor should be taken into account: Lemoine vs. St. Louis. 72 Mo. 404. The statute allowing reasonable attorney's fees to be taxed as costs in tax suits is valid: State ex rel. vs. Railwav. 176 Mo. 443. See Butler vs. Sullivan, lOS Mo. 630. ART. 4.1 STATK LAWS SPKCIAM.Y APPLICABLE TO ST. LOl'IS. IgQ ARTICLE IV. nin.INQl'KNT AND HACK TAXES. Sec. 4SS. Tax Mll.s for rciil i-stiilc and railroad tiivcs prior to IHH7 jitrickcn from tho lists. — Tlic coiiiiilroller or other iiropcr oftui'r in fucli city of this state having three huiulred thousand inhul)itanls or more, shall, at the first annual settlement made by the collertor of siu-h rity after the taking effect of this act. strike from the delinquent lists all real estate and railroad tax bills due prior to the year 1SN7. anil shall cancel the lax bills issued therefor, and the collectors of sitid cities shall not be charged with the same from and after their cancellation. (Laws 1903. p. :;'>:!. sec. 1.) Sec. 4S9. (Vrtniii bills to lie cancelled by coniniission. — At the first annual settlement made by a collector of the revenue after Ibis act shall take effect, In each city in this state having three hundred thousand inhabitants or more, all de- linquent real estate tax lists and back tax bills for taxes on real estate shall be carefully examined by a commission to be composed of the comptroller, collector and president of the board of assessors, or other proper officers of such city, and if there aiipear thereon any back tax bills which, in the opinion of a majority of said com- mission, are too small to justify the expense of suit, or which are against exempt proi«Mty. or which are against |)roperty which is not worth the taxes, interest and costs, the same shall, upon order of such commission or a majority thereof, be stricken from such delinquent real estate or back tax books and the tax bills therefor cancelled by the comptroller of such city. (lb., sec. 2.) Sec. 490. Uepeiil. — All acts or parts of acts not in conformity with the pro- visions of this act are hereby repealed. (lb., sec, 3.) Sec. 4 91. IJst to be made into l>ack-ta.\ hook^-diity of collector — suit to en- force, — The clerk of the county court shall file the said list in his office, and within ten days thereafter make the same into a "back-tax book," as contemplated by U. S. 1S99. section 9.">0(t. under the seal of the court, and deliver the same to the collector of the revenue of his county, whose duty it shall be to proceed to collect the same, and to that end shall have the power, and it is hereby made his duty, to levy uiHin, seize and distrain personal property, and sell the same for such taxes. In the manner provided in this article. In the city of St. Louis the uncollected bills shall l>e returned with said list: ProvidrtI, that the city comptroller, or other proper officer, shall return said list within thirty days to the city collector. And If It appear that any county court or county clerk of this state has. within five years next before the taking effect of this act failed in the discharge of any one of the duties prescribed by U. S. 1899, sections 9290 and 9300, of this article, or shall so fail at any time hereafter, to such an extent that the collection of said taxes cannot be enforced by law, it shall be the duty of the said county court and clerk, or their successors In office, immediately after such omission or defect is discovered, to pro«'eed at once to correct the same and supply the omission or defect, and return such corrected "back-tax book" to the collector, whose duty it shall be to collect the same, as hereinbefore set forth. There being an emergency existing under the con- stiluilon. it Is hereby ordered that this act shall take effect and be in force from and after its passage. (R, S. 1899, sec, 9292 — y.) (>1 P«'tltlon must contain description, or the Judgment will he void, and this even If a ilpsrrlptlnn be contolnod in the tax bill Hied with the petition: Vaughn vs. Dan- l»l», 9S Mo. 230: or In the Judgment rendered on a defective petition: O'Day vs. McDan- 1*1. isi Mo. 5:19; and llitTc must be a correct fi«-s<-rlptlon In the tax bill or the pro- ce«-din»fs arc ln»*fr»-ctnal : State ex rel. vs. Biirroii^jh. 174 Mo. "Oct; an erroneous asaess- mrnt does not make the Judgment void collaterally: Warren vs. Manwarring, 173 Mo. 21; bill l»_ prima facie proof that notice was given a.s required: State ex rel. vs. Vogelsang. I S3 Mo. 17. Omitted property ina>- be subseciuentl\- assessed and taxes recoveretl. and limi- tation only begins to run fmm the time the taxes are delinquent: State ix rel vs. Vogelsang. 183 Mo. 17. The record proper In suit for back taxes Is the petition, •nswer. reply and Judgment: hence In the absence of exceptions, and If the petition cor- rectly describes the land, the Judgment must be afllrmed: State ex rel. vs. Sanford. 181 Mo. 134. There can be no personal Judgment: O'Day vs. McDanlel. but the •ult Is so far In p»rsonam that the Supreme Court has not Jurisdiction on appeal on Ih* ground that title to real estate Is Involved: State ex rel. vs. Elliott. ISO Mo. fiiix. And as to personal remedy of one buying at sale where sale Is void see cases cited In Phelps vs. nrumbarh. 107 Mo. App. 16. The tax should be against the record owner (see Infra) but ofter the court has once acquired Jurisdiction the proceeding la •Italnst the properly: Kllton vs. Smith. l.M .Mo. in'.i. lj»nd Co. vs. BIppus. 2iio Mo. «ss. The right to assess for taxation where the taxpayer Is not found at his residence O' place of busless attaches upon a notice being left by the district assessor at •Ither place, between June 1 and January 1. requiring the property owner to make a •J»'"nfnt of his taxable property; and on his failure to do so the assessor making the assessment In a lump sum. and no appeal taken, the owner cannot complain In an action to collect the tax; State ex rel. vs. Cummlngs. 151 Mo. 49. The remedy provided by laws 1S97. p. 213, for taxes due St. Louis by an action In the name of the city l» cumiilatlvp. and does not Impair the right to maintain an action In thi- name of the Mate at the relation of the collector; State ex rel. vs. Cummlngs. 151 Mo. 49. SI. The state Is the real party In Interest. In an action for delinquent taxes and If a col- ( I imlifufil ()» patr 110. > 190 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [OHAP. 26-27. Sec. 492. Institution of suits before dates named. — Nothing in this chapter shall be so construed as to prevent the institution of suit before the times herein named: Provided, that if it be real estate in the city of St. Louis, and the owner thereof, if a resident of such city, is about to remove therefrom, or, being a non- resident of such city, comes within the same, so that personal service can thereby be had upon him, or if real estate be in any county of the state outside of St. Louis city, and the owner thereof is about to remove from such county, or, being a non-resident such county, comes within the same, so that personal service can thereby be had upon him. (R. S. 1S99, sec. 9318.) ARTICLE V. ASSESSMENT AND T.\XATION OP RAILROADS. Sec. 493. Duty of prosecuting attorney — when additional counsel may be em- ployed. — It shall be the duty of the prosecuting attorney of each county to prose- cute all suits for taxes under this article. County collectors shall have power, w-ith the approval of the county court, or, in St. Louis city, the approval of the mayor thereof, to employ such attorneys as may be deemed necessary to aid and assist the prosecuting attorney in conducting and managing such suits: and the court in which suit is brought shall, if plaintiff obtain judgment, allow such attorneys a reasonable fee for bringing and conducting such suit, which shall be taxed against the defendant and paid as other costs in the case. At the request of the collector, the governor may direct the attorney-general to assist in the prosecution of any such suits. (R. S. 1S99. sec. 9378—2.) Sec. 494. Duties of offlcers of St. Louis cit.y. — All services required to be per- formed by county officers under this article shall be performed by the corresponding officers of the city of St. Louis, and wherever the word "county" occurs, the same shall be construed to applv to and include the city of St. Louis. (R. S. 1S99, sec. 9383— a.) ARTICLE VI. TAXATION OB^ MERCHANTS AND MANUFACTURERS. Sec. 495. Lower rate of ta.\ than that on real estate authorized. — All cities in this state having a population of over three hundred thousand inhabitants are {Contiutied from Page IS9.) lector retires from office his successor need not be made a party: State ex rel. vs. Sanford. 127 Mo. 368. One who pays all taxes except such as are illegal as being in excess ot the con- stitutional limit, may maintain injunction: Arnold vs. Hawkins, 95 Mo. 569, 572, and cases cited. Tlie collector may establish against a decedent's estate the claini for school and city taxes in the name of the state to his use and at his relation, whether such taxes accrued before or after the death of decedent: and the petition should set out the taxes due each year in separate counts: .State ex rel. vs. Tittmann, 103 Mo. 553, 564; State vs. Seaborn, 139 Mo. 582, 604. The claim may be brought in either the circuit or probate court: State ex rel. vs. Edwards, 162 Mo. 1. c. 666. See as to taxes against decedents Woerner on Administration, Sec. 329, p. 691; as to real estate taxes, see /*. Sec. 518, p. 1151. It is sufficient to brings -a^suit.for taxes against the party who. by the records, ap- pears to be the owner; and this applies to a married woman, who subsequently becomes a widow and again marries, the record name remaining unchanged: suit against her by her record name, by publication, held sufficient and not the same as publication directed to a dead person, -which is void: Scbnitger vs. Rankin. 192 Mo. 35. citing nu- merous cases on analogous points. See further as to suit against record owner being sufficient: Hilton vs. Smith 134 Mo. 499. Land Co. vs. Bippus. 200 Mo. 688. But if tlie suit is against the apparent or record owner the purchaser takes no title if be had actual notice of who the real owner was. and sucli real owner is not a party: and facts and circumstances sufficient to put a man of ordinary circumspection on inquiry amount to actual notice: and if the collector has actual notice of who the real owner is it is his duty to bring the suit against him, though be is not the record ow-ner: Stuart vs. Ramsey. 196 Mo. 40t. As to when a tax bill, duly certified, makes a proper prima facie case, see State ex rel. vs. Edwards. 151 Mo. 472. 477. See also State ex rel. vs. Tobacco Co. 140 Mo. 218; State ex rel. vs. Hurt. 113 Mo. 90. Parties acquiring interests after action begun: State ex rel. vs. Miller, 16 Mo. App. 539. As to what allegations, in a petition for collection of taxes, are sufficient, and as to what is a sufficient form of tax bill and certificate, see State ex rel. vs. Cumming» 151 Mo. 49. 54 rt ieq. A judgment in a tax suit cannot be set aside collaterally (as in sviits to quiet title) by a defendant in the suit brouglu in by personal service or publication, by showing that the taxes had been paid, so as to defeat the title of the purchaser; but publication notice must be by full name and not merely initials, and if this is not done there is no notice and the sale is void: Evarts vs. Lumber Co. 193 Mo. t:i3. .See other cases on these points cited in the opinion. Where the record title gives the owner's full Chris- tian name, notice by publication by initials only is insufficient and the tax sale does not divest him of title. Burkbam vs. Manewal. 195 Mo. 500. citing numerous cases. iz) Power to emplo\- special counsel. See Butler v. Sullivan Co. 108 Mo. 630; see State ex rel. vs. Ry. 176 Mo. 443. (a) See State ex rel. vs. Ry. 117 Mo. 1. AFtT. 1) STATE LAWS SPEl^-I Al.I.Y Al'I'l-U^ARLE TO ST. I.OUIS. 191 autliorizeil to levy for local purposes, n less n(/ valorem rate of taxation than that levied by them on real estate or other properly for the same purpose; and said reductions may. fr;;m time to time, be arranged to apply on both or either the tax rate for payments of valid indebtedness or the tax rate for city purposes. ( R. S. 1899, sec. 9397.) Sec. 49G. IJc;;ubii iiiii- nl rmri haul-' iiiid nianiilact iinrs' licenses. — All siK'h cities, for city and local puriuiscs. are lu'rcby auilmnzt-d lu license, tax and regu- late the occupation of merchants and manufacturers and may graduate the amount of annual license imposed upon a merchant or manufacturer in proportion to the sales made by such merchant or manufacturer during the year next preceding any nxcl dale iR. S. I.S'Jll, sec. 9:!S9— ().) CHAPTER TWENTY-SEVEN. PUBLIC SCHOOLS. Art. I. Board of Education created, to establish, maintain and govern public schools of the city of St. Louis. .■\rl. II. Pension and retirement fund. Art. III. Compulsory education. ARTICLE I. 1ii>.\ltr> 111.- KDULWTION CUICATED TO liST.VBLlSll. M.VINTAIN AND GOVKUN I'fB- LIC SCHOOLS OF THE CITY OF ST. LOUIS. Sec. 197. Itoard of iiiiinaKei's of certain charitable or penal institutions to nrrauK'' for educalioii of inniati-s at public schools. — The boards of managers of hiiMscs of refuge, bouses of correction, orphan asylums, or any public institutions having charge of delinquent or dependent and n<'glected children, in cities now having or which may hereafter have one hundred thousand inhabitants or over, shall have power to arrange with the public school authorities of such cities for the education, schooling, instruction and training of such children. (Laws 1905, p. 301-302.1 Sec. 498. Knierj;ency. — Whereas, there is at present a want of power on the part of said boards to arrange with the public school authorities for the education, schooling, instruction and training of the inmates of said imblic institutions, and whereas, it is important that said boards shall have said powers, an emergency exists within the meaning of the constitution, and therefore this act [Sec. 497] shall take effect and be in force from and aflir iis iiassagc ( lb. » Sec. 1 '.'!•. The act lo isiablisli ;i < iirpiiralimi in St. I.nuis for public education »p|iri>ved I'Vbruary l;{, IS;{;{, and .\M. I\, «'liapter 14:5, It. .S., rt'pealeU. — An act entitled "An Act to establish a corporation in the city of St. Louis for the purpose of public education." approved Feb. 13th. 1N33. and all acts supplementary to and amend- atory thereof, and article IV of chapter 143 of the rtevised Statutes of Missouri en- titled "Ele<-tlon of school directors in cities having three hundred thousand inhabl- Mnta." are hereby repealed. (Laws ls97. p. 220.) Sec. .500. Cities of :<()0,)l(K> inliabilant.s shall constituti' a sin^h' sclioul district iukI l)e a Ixxlv corpoiad' — supi'r\ islon of scIiouildiiigs — board nuiy sue and 1m- sued, etc. — Kvery city in this state now having or which may hereafter have three hundred thousand inhabitants or over, together with the territory now within its limits, or which may in the future be Included by any change thereof, shall be and constitute a single school district. ■ball be a l)ody corporate, and the supervision and government of public schools Ud public school property therein shall be vested In a board of twelve members. to be calleits such holding: State ex rel. \"s. Bus. 135 Mo. 32.'>. 331 et irQ. See al.so note to Charter Art XIII. Ain 11 STATE LAWS SPKCIAl.l.Y APPLICABLE TO ST. LOUIS. 1<|;J of every kind whatsoever, and the control and management of the public school affairs of such city. Provided, that until such hoard of education shall he organized, the administration of the |iul)lic schools and the niauagenient of school |)roperly in such city shall remain in the control of any such existing corporation, board of directors, or officers of the school district, in the same manner and with the same powers as Existed prior to the passage of this act, or the attaining by said city of the requisite number of inhabitants. It shall he the duty of the said board of education as soon as practicable after Its organization, to appoint a superintendent of jmblic Instruction, a commissioner of school buildings, a secretary and treasurer, an auditor, and such other officers, employes and agents as it may deem proper: Provided, that no Buch officer, employe or agent shall be a member of said board. And such board of education may continue the emiiloyment and service of any e.xisting officers, teachers, agents or other employes, in their several capacities, in connection with the admlnislraticn of school affairs until such time as they may effect the change of the administrative system applicable to the punlic schools as contemplated in this act: and said board of education may thereafter retain or remove any agents, teachers, janitoit!. engineers or other employes then rendering service in connection with the public schools of such city. At its first regular meeting after the first day of Otober in each year following lis original organization, said board of education shall reorganize by electing one of Its members president and another vice-president. All vacancies in such board shall be filled by the mayor by appointment until the next election for members of said board, when the vacancy shall be filled for the remainder of the term. All rules and by-laws made by any existing corporation, board of directors, or officers of the school district, at such time vested in such city with the management of the public schools, for the government of the public schools and school property, in such city, shall continue in force, so far as con- sistent with this act, until re|)ealed or altered by such board of education. (lb., p. Tr2. sec. .">. R. S. lS9ii4. S|H-cial election of member.^ of board provided for — tei'iiis of office and clivs.silication. — Within sixty days after the taking otTect of this act, or the name becomes applicable to such city, there shall be held in every such city a special election at which twelve members of such board of education shall be elected, who shall, by lot, divide themselves Into three classes of four members each. The first class shall hold office until the next ensuing municipal election in such city, whether for general offices or members of the house of delegates: the second class until the serond such ensuing election: the third class until the third such ensuing election, and until their successors shall have been elected and qualified. Such special election to be aeld within sixty days after this act takes effect shall be held on such day as shall be named by the election commissioner of such city, who shall, in due time, name such day and |)erforni all duties imposed on them by any law pertaining to elei lions In any such city for municipal officers or members of the house of dele- Kates Such special election and all the elections for members of such board of edu- cation shall l)e subject to and governed by the same laws, rules and regulations which govern elections In such city for municipal officers or members of the house of delegates, including the law iiertaining to the registration of voters. After such special election there shall be elected at such municipal election, whether for general municipal officers or for members of the house of delegates, four members of such board of education, who shall assume the duties of their office at the first regular meeting of such board of education after their election, and who shall hold office for six years, and until their successors shall have been elected anerintendent with the approval of the board. The suiierintendent of instruction shall have general supervision, subject to the control \ of the board, of the course of Instruction, discipline and conduct of the schools, I text-books and studies: and all appointments, i)romotlons and transfers of teachers, j and Inlroiluctlon and changes of textbooks and apparatus, shall be made only upon ' tb-' ••ndatlon of the sui)erlntendent. and the approval of the board. The »" ut shall have power to suspend any teacher for cause deemed by him sufiiiK'iii. .ind the board of education shall take such action ui>on the restoration or removal of such teacher, as It may deem proper. All appointments and promotions ' Constitutionality of payment of expcnsoa nf special school elections by the '> S(at» px rel. vs. Bonrd of TIducntlon. 141 Mo. 45 (holding all election expenses to paid out of tho city treasury, not by thi- School Board I. 194 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 27. of teachers shall be made upon the basis of merit, to be ascertained, as far as practicable, in cases of appointments, by examination, and in cases of promotion, by length and character of service. Examination for appointment shall be conducted by the superintendent under regulations to be made by the board. The superintendent of instruction shall devote himself exclusively to the duties of his office and shall have power to appoint clerks, whose number and salary shall be fixed by the board, and shall have power to remove the same; shall exercise a general super- vision over the schools of the city, examine their condition and progress, and shall keep himself informed of the progress of education in other cities. He shall advise himself of the need of extension of the school system of the city, shall make reports from time to time as may be fixed by the rules or directed by the board, and shall be responsible to the board for the condition of the instruction and discipline of the schools. (lb., p. 224. sec. 7. R. S. 1S99, sec. 9924.) Sec. 50 6. Coniniissioiier of school buildings provided for — duties defined. — The commissioner of school buildings shall be ajjpointed by the board of education for a term of four years, during which term his compensation shall not be reduced. He shall devote all his time to the duties of his office, and shall be charged with the care of the public school buildings of such city, and with the responsibility for the ventilation, warming, sanitary condition and proper repair thereof. He shall prepare, or cause to be prepared, all specifications and drawings required, and shall super- intend all the construction and repair of all of such buildings; shall make report each month to the board of education showing in detail the costs of repairs and other work for the previous mouth on each building, embodying therein the amount of bills outstanding for work ordered by him. and stating specifically the cases where work was done, or ordered, without public letting; shall superintend all the advertisements for bids and the letting of contracts; and shall, within the limits of appropriations theretofore made by the board of education for repairs, make all contracts for the repairs of school property except where the cost of such repairs shall exceed the sum of fifty dollars. He shall give bond in such sum as may be fixed by the board of education, which shall not be less than ten thousand dollars, conditioned upon the faithful performance of the duties of his office. (lb., p. 224, sec. 8. R. S. 1899, sec. 9925.) Sec. 507. Couunissioner to appoint engineers, .janltor.s, etc. — Sub.iect to the approval of the board of education as to the number and salaries, the commissioner of school buildings shall have power to ai)point as many engineers, janitors and other employes and agents as may be necessary for the proper performance of the duties of his department, for whom he shall be responsible and whom he shall have power to remove; but the board of education may provide for a competitive examination for the positions of janitors and engineers; and when such provision shall have been made, the commissioner of school buildings may be required by the board to appoint janitors and engineers from the list obtained by such examination. He shall appoint such assistants and deputies as may be authorized by the board of education, whose compensation shall be fixed by the board; and one of said assistants shall be a trained and educated engineer, qualified to design and construct the heating, lighting, ventilating and sanitary machinery and apparatus connected with the public school buildings. Such assistants and deputies shall be subject to removal by the com- missioner of scnool buildings, who shall be responsible for the proper performance of their duties. The commissioner of school buildings may be removed by the board of education for cause by a two-thirds vote of the entire board. He shall perform such other duties as may be required of him oy the board. (lb., p. 225, sec. 9. R. S. 1S99, sec. 9926.) Sec. 508. Contracts for buildings and repairs shall be made by board — con- struction to be under direction of commissioner of school buildings. — All contracts for the erection of school buildings and all contracts for repairs and alterations in school property exceeding the amount of fifty dollars shall be made by said board of education, after public letting, to the lowest responsible Didder complying with the terms of the letting. The necessary specifications and drawing shall be pre- pared for all such work, and bids therefor shall be solicited by such advertisement as the board of education may provide. All other work of construction and repairs shall be made directly by the commissioner of school buildings as herein provided. For all work of construction and repairs authorized to be done directly by the com- missioner of school buildings, he shall furnish the necessary specifications and drawings, except in cases of emergency, where the cost shall not exceed the sum of one hundred dollars, and shall solicit bids for such work as may be provided for by the board of education. No bids shall be entertained by the commissioner of school buildings which are not made in accordance with the specifications furnished by him. and all contracts shall be let to the lowest responsible bidder complying with the terms of the letting: Provided, however, that the said commissioner shall have the right to reject any and all bids. (lb., p. 225, sec. 10. R. S. 1899, sec. 9927.) AI4T. 1.) STATH LAWS SrnCTAI.I.Y Am.ir ABLIO TO ST I.OL'IS. igj Sec. 50i). liourd of I'duratioii sliall aihtrtiM' tor |iro|ioMils for .su|>|ili<-s^-. — The board of education shall, at or prior to the beKinniiiK of each fiscal year, cause advertisements to be made under such regulations as it may provide, for proposals for furnishing the supi)lies required in the schools and by the board in the ensuing year; and every contract therefor shall be awarded to the lowest responsible bidder complying with the terms of the letting: Provided, how- ever, that said board shall have and reserve the right to reject any and all bids. If other supplies are required during the year they shall be furnished under contract awarded in like manner: but the board may authorize the purchase of supplies not exceeding fifty dollars in amount without letting of contract. The board shall make distribution of supplies through such agencies and In such manner as it deems proper; and the board may contract for text-books or school apparatus for such terra of years as It deems proper. (lb., p. 225, sec. 11. R. S. is'in. sec. 9928.) Sec. .^>lii. Iloaid sliiill advertise for bids from banks and trust companies for current deposit.s — liscal year <>f board. — The board of education shall, in the month of June of each year, advertise for bids from the banks and trust companies in such city for the current deposits of such board of education, to be secured by bonds of the I'nited States, bonds of the state of Missouri, or bonds of such city, which said bids shall specify the rate of interest to be allowed to said board on ruch deposits and the nature of the security offered; and such deposits shall be annually awarded to the bank or trust company that offers, with the required security, the highest rate of Interest therefor; and the board shall cause contracts for the ensuing year to be made with such bank or trust company so receiving the award of such deposits. Such board shall thereupon cause all funds received to be paid into such designated depositary. The fiscal year of the board shall end on the 30th day of June of each year, and the annual contract shall be made in the month of June of each year for the deposits of the succeeding fiscal year. It shall be the duly of the president of the board in each year, Immediately after the selecting of the depositary of the school moneys for the succeeding year, to notify the treasurer of the state of Missouri, and the collector of school taxes in such city to make all l>ayments of money apportioned, belonging to or distributed to such board, to such Qepositary; and such officer shall, upon making such deposits, take from such de- ;K>8ltary triplicate receipts therefor, one of which shall be retained by the officer making such deposits, one delivered to the secretary and treasurer and the third delivered to the auditor of the board. (lb., p. 22r), sec. 12. R. S. 1S99, sec. 9929.) S'ec. 511. Hoard shall select a secretary and treatsurer — bond required — duties and oalary. — The board shall select a competent secretary and treasurer, who shall nold office for a term of four years, ana give bond in such sum as the board may require, which shall not be less than fifty thousand dollars, and who shall be subject . to removal for cause by a two-thirds vote of the entire board. The compensation \ of the secretary and treasurer shall not be reduced during his term of office. He nbnU exercise, subject to the control of the board, a general supervision over the Qrcal affairs of the public schools of the city, the collection and payment of funds to the school depositary, and the disbursement of all revenues and moneys belonging to the board. He shall have supervision under the direction of the board, of the ;iinuai>ent school fund of the city, and the Investment thereof, and all Invested pr«iierty of the board. He shall record the proceedings of the board in such manner 'as may be directed by the board, and shall deposit daily in the designated depositary Df the board all money collected or received by hlni tor the board. He shall furnish a* the beginning of each month a statement of receipts and disbursements of the preceding month: and at the end of the fiscal year he shall make to the board a full and comprehensive report of its financial affairs for the preceding year. He !i«latant.-<. for whom he shall be responsible, and whom he may remove. He shall Frtorm such other duties as may be required of him by the board. (lb., p. 226, :. 13. R. S. 1S99. sec. 9930.) Sec. 512. DL-ibursoments of l>onrd, how made. — .■Ml disbursements of the oard of eilucatlon shall be made by checks drawn upon the depositary in such form nd subject to such regulations as the board may provide; but no payment shall be lade except upon warrant drawn by the auditor and countersigned by the secretary nd treasurer, do., p. 22". sec. 14. R. S. 1S99, sec. 9931.) j Sec. 513. IhmnI shall appoint nn auditor — bond, duties and term of office. — he board shall appoint a competent person as auditor, who shall serve for a inn of four years and give bond In the sum of ten thousand dollars. His salary iill not be reduced during the term of his office, and he may be removed for cause 196 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 27. by a two-thirds vote of the entire board. He shall be the general accountant of the board, and preserve in his office all accounts, voucners and contracts pertaining to f.iliool affairs. It shall be his duty to examine and audit all accounts and de- mands against the board, and to certify their correctness to the secretary and treasurer of the board. He shall adopt a proper system of double-entry book-keeping. He bhall require settlement of accounts to be verified by affidavit whenever he thinks proper, and shall keep the accounts of the schools in a systematic and orderly manner. No claim or demand shall be audited unless it is authorized by law and the rdits of the board, and be in a proper and fully itemized form, and unless the amount required for the payment of the same shall have theretofore been appropri- ated by the board. He shall perform such other duties as may be required by the board. (lb., p. 227, sec. 15. R. S. 1899, sec. 9932.J Sec. 514. Duty of board to apportion I'evciiues to the different departments, etc. — It shall be the duty of such board of education, at the beginning of each fiscal year, to apportion the revenues available for that year to the different departments, for expenditure in support of the schools, for that year; and no report or resolution shall be adopted by the board calling for the expenditure of money unless it states specifically the fund from which the appropriation is to be made, and is accompanied by the certificate of the secretary and treasurer that there is a balance in such fund available for such expenditure. (lb., p. 227, sec. 16. R. S. 1S99, sec. 9933.) Sec. 515. Mayor shall a]>point annually an expert to exanihie book.s, accounts and vouchers of offlcer.s — compensation of e.vpcrt. — At the close of each fiscal school year, the mayor of such city shall appoint one or more expert accountants, who shall examine the books, accounts and vouchers of the secretary and treasurer, auditor, commissioner of school buildings and all other departments of expenditure of the board, and shall make due report thereof to the mayor and board of education of such city. All the officers and employes of the board shall produce and submit to such accountants for examination all books, papers, documents, vouchers and ac- counts in their office belonging to the same or thereto pertaining, and shall in every way assist said accountants in their work. In the report to be made by said ac- countants they may make any recommendation they deem proper as to the businesB methods of such officers and employes. A reasonable compensation for such services shall be paid by the board. (lb., p. 227, sec. 17. R. S. 1899, sec. 9934.) Sec. 516. Circuit court to have .jurisdiction over members of the board and its officers — jurisdiction exercised upon petition. — The circuit court of such city shall have jurisdiction over the members of such board of education and its officers to require them to account for their official conduct in the management and disposition of the funds, property and business committed to their charge: to order, decree and compel payment lay them to the public school fund of all sums of money, and of the value of all property which may have been improperly retained by them, or transferred to others, or which may have been lost or wasted by any violation of their duties or abuse of their powers as such members or officers of such board; to suspend any member or officer from exercising his office, whensoever it shall appear that he has abused his trust or become disqualified; to remove any such member or officer upon proof or conviction of gross misconduct or disqualification for his office; to restrain and prevent any alienation of property of the public schools by said members or officers, in cases where it may be threatened, or there is good reason to apprehend that it is intended to be made in fraud of the rights and Interests of the ])ublic schools. The jurisdiction conferred by this article shall be exercised as in ordinary cases upon petition, filed by or at the instance of any member or officer of such board, or at the instance of any ten citizens and householders of such city, who shall join in such petition, verified by the affidavit of at least one of them. Such petition shall be heard in a summary manner after ten days' notice in writing to the member or officer complained of; and an appeal shall lie from the judgment of the said circuit court as in other causes, and be speedily determined; but such appeal shall not operate under any condition as a supersedeas of a judgment of suspension or removal from office. (lb., p. 227, sec. IS. R, S. 1S99, sec. 9935.) Sec. 517. Members of board or officers violating act guilty of misdemeanor — punishment. — Any member, officer or employe of such board who shall willfully violate any of the jirovisions of this act shall be deemed guilty of a misdemeanor, and on conviction, shall be punished by fine of not more than five hundred dollars or Imprisonment not exceeding one year. (lb., p. 2SS, sec. 19. R. S. 1899, sec. 9936.) Sec. 518. Failure to attend meetings without excuse vacates office. — Any member failing to attend the meetings of the board for three consecutive regular i meetings, unless excused by the board for reasons satisfactory to the board, shall be i deemed to have vacated his seat; and it shall be the duty of the secretary of the board to certify such fact to the mayor, who shall thereupon make an appointment to fill the unexpired term of such member. It shall likewise be the duty of the secretary to certify to the mayor any other vacancy occurrin.g in the board. The mayor shall forthwith fill the vacancy until the next municipal election for general ART 11 STATE LAWS SPECIAI-IA" APPLICABLE TO ST. LOUIS. 197 officers or for members of the house of delegates. (lb., p. 228, sec. 20. H S. 1899, sec. 9937.) Sec. 519. Tcstiiiiony in iiivostiKntioii.x, liow tiiki-n. — All testimony taken upon any Investigation niaile by the board, or in any proceedinRS before the board for the removal of any officer or employe of the board, or in any investigation made by any- commlttee of the board, shall be under oath, which oath may be administered by the secretarv and treasurer, or any officer authorized to administer oaths, (lb., p. 22S, sec. 21. " R. «. 1899, sec. 9938.) Pec. 520. The board invested with power to levy and collect taxes, etc. — The board of education shall have power to levy and colled all taxes authorized by law to be levied for school purposes in such city, and to collect all fines and penalties provided by law to be paid into the school funds; and the officers of such board and the collector and assessor in such city, and all other officers of such city, and of the state, concerned with the assessment and collection of taxes, fines and penal- ties, shall perform such duties in relation to the levying and collection of school taxes and the collection of such fines and penalties, and the payment thereof to said board for school purposes, as are now imposed by the existing law upon such officers In relation to the levy and collection of school taxes and the collection of fines and penalties payable to the school funds; and nothing in this act shall be construed as repealing any existing law providing for the assessment and collection of school taxes in such city; and all powers and duties conferred by existing law upon any board In relation thereto shall be continued in the board created by this act. (lb., p. 229, sec. 22. R. S. 1S99, sec. 9939— f/.) Sec. 521. Klections to incren.se tax levy, how called and held. — Any election which may be called by the board of education of such city to increase the rate of taxation for school i)urposes. or for any other purpose authorized by article 1, chapter 154, of the Revised Statutes of 1899. shall be held at such time as the board may direct, iimler the general election laws governing such city. The board of education shall have the powers of a school district in annual meeting, and shall perform such duties as are required by general laws of school districts, so far as such are applicable to the public school affairs of such city, and consistent with the provisions of this act. It shall at least once in every five years cause an enumera- tion to be made of all persons over six and under twenty years of age. resident within the city, designating male and female, white and colored, and age of each, together with the residence of said persons by street and number. In the years Intervening between the taking of such enumeration said board may by resolution adopt [thej last enumeration therein made as its enumeration for the current year. A copy of the aggregate of such enumeration, or such resolution (as the case may be I. duly certified by the president and secretary of said board under its corporate seal, shall be forwarded to the state superintendent of public schools and to the stale auditor on or before the first day of .luly in each year. (Laws 1889, p. 352. R. S. 1899. sec. 9940. > Sec. 522. What shall <'on>liluli' llic iHi'iiiiini'nl mIiuoI IiiiiiI — investment. — All school lands heretofore granted by the general assembly to any such city, or to any Incorporated board for the benefit of such city, for the purpose of i)ublic education, Including all lands of such board granted by the general government of the United States, or of this stale and lying within the limits of said state, for the schools as aforesaid, shall constitute the i)ernianent school fund of such city, only the income of which shall be used for the supi)ort of such public schools in such city. Nothing herein contained shall affect the right of such board to dispose of such lands: Pro- vided, that the proceeds be duly invested and only the income thereof be used for the support of the public schools. (Laws 1897, p. 229, sec. 24. R. S. 1899, sec. 9941.) Sec. 523. Hoard required to pulillsh report. — The board of ed\ication shall, as soon as practicable after the clo.se of each school year, cause to be printed and pub- [ llshed a report of the condition of the public schools under Its charge, and of all I the pro|)erty under Its control, with a full and accurate account of all the receipts and expenditures of the board during the preceding year, and of the condition of all invested property, (lb., i). 229, sec. 25. R. S. 1899, sec. 9942.1 Sec. 524. Inconsistent nets repealed. — .All acts and parts of acts inconsistent 'h this act are hereby repealed. (lb., p. 229, sec. 26.) Sec. 525. Kniergency clause. — The laws for the organization and government ' of school districis in i Ities having three hunilred thousand inhabitants and over being I defective and inadequate, an emergency within the meaning of the constitution is I hereby created, rtH|uirlng that this act shall take effect immediately; therefore, this < act shall \:il.- .fr.'c t .i.'i.l 1,.- in ri,- fr,.in and after its passage. (lb., p. 229. sec. 27.) I for school purposes. State ex rcl. v. Trocy, 94 M- ■ .1 power to r»?quiro sheriff to pay Into court .1 I.. I1....I.S. Tl.ls lomt can only require n soltlcnii'nt. In ro Stncd, i-Ic.r of city niav mnlntnin action to rollfct tnxfH for schools nicnlnst lent. .State ex rel. '/.l.ir.nli.lM v. Tillman, 103 Mo. 553. Sec note to , CUartvr. Ai(. XIII. acctlons 1 and 4. J 198 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 27. ARTICLE II. PENSION AND RETIREMENT FUND. Sec. 52 6. Pension fund provided for school teachers and employes. — The public school board or boards of directors having charge of public schools in cities now or hereafter having a population of three hundred thousand inhabitants or more shall have power to create a public school teachers' and administrative and clerical employes' pension and retirement fund, and for that purpose they must set apart the following moneys, to wit: (1) An amount not exceeding one per cent, per annum of the respective salaries paid to teachers and administrative and clerical employes in the employment of such boards, who shall elect to come under and participate in the benefits of this act, which amouut shall be deducted from said salaries annually, at such time and in such manner as the board of trustees shall prescribe. (2) All moneys received from donations, legacies, gifts, bequests or otherwise, on account of said fund. (3)AI1 moneys which may be deprived [derived] from other methods of increment as may be duly and legally devised for the increase of said fund. (Laws 1897, p. 230. R. S. 1899, sec. 9943.) Sec. 527. Board of trustees created. — A committee consisting of four members of such boards, together with the superintendent of schools and four representatives selected by the teachers and administrative and clerical employes of the public schools under control of each of said boards, who sliall elect to come under and participate in the benefits of this act, shall form a board of trustees, a majority of whom shall determine the amount to be deducted from the salaries paid to teachers and administrative and clerical employes as aforesaid, and shall have charge of and administer said funds, and shall have power to invest the same as shall ba deemed most beneficial to said fund, and shall have power to make payments from said fund of annuities granted in pursuance of this act, and shall from time to time make and establish such rules and regulations for the administration of said fund as they shall deem best. (Laws 1897, p. 230. R. S. 1899, sec. 9944.) Sec. 5 2 8. Conditions upon which teachers and employes may be retired. — The public school boards or boards of directors having charge of pubilc schools in such cities shall have power, by a majority vote of all members, to retire any female teacher or other administrative and clerical employe who shall have elected to come under and participate in the benefits of this act, as aforesaid, ard who shall have taught in public schools or rendered service therein for a period aggregating twenty- five years: and any male teacher or administrative and clerical employe who shall have elected to come under and participate in the benefits of this act, as aforesaid, and who shall have taught or rendered such service for a period aggregating thirty years; and such teacher or administrative and clerical employe shall have the right, after such term of service, to retire and become a beneficiary under this act. pro- vided he shall be in the judgment of the board of trustees, physically or mentally incapacitated for such service: Provided, however, that four-fifths of the said term of service shall have been rendered by said beneficiary within the limits of the municipality where said boards have jurisdiction: Provided further, that said board of trustees shall have full power to pass on the applications of all teachers, ad- ministrative and clerical employes, who may elect to come under and participate in the benefits of this act, and prescribe rules governing time of service. (Laws 1897, p. 230. R. S. 1899, sec. 9945.) Sec. 529. Annuity of retired teachers. — Each teacher and administrative and clerical employe so retired shall thereafter be entitled to receive as an annuity sixty per cent of the annual salary paid to said teacher or administrative and clerical elnploye at the date of such retirement: Provided, however, that such annuity shall not exceed the sum of eight hundred dollars, which shall be paid by said boards out of the fund created in accordance with this act, in the manner provided by law for the payment of salaries. (Laws 1897, p. 230. R. S. 1899, sec. 9946.) Sec. 530. Board of trustees shall manage and control fund. — Said board of trustees is hereby given the power to use both the principal and income of said fund for the payment of the annuities hereinbefore mentioned, and to manage, invest and accumulate and otherwise control said fund, as it may provide by its rules and regulations, and shall ha\e power to reduce from time to time the amount of all annuities. (Laws 1897, p. 230. R. S. 1899, sec. 9947.) Pec. 531. Members, when declared annuitants. — That all members who shall become, either physically or mentally, incapacitated for school work, may, upon recommendation of the board of trustees, be declared by the school board to be annuitants, and. upon such action, shall receive an annuity as provided by the law as aforesaid. (Laws 1897, p. 230. K. S. 1899, sec. 9948.) Sec. 53 2. Annuitants must pay into treasury 20 per cent of salary. — No per- son shall become an annuitant who shall not nave paid into the treasury a sum equal to twenty per cent of the annual salary received by him ai the time of making application for annuity. (Laws 1897, p. 230. R. S. 1899, sec. 9949.) AKT. 2-3.] STATE LAWS SPKCIAM.Y AFPLICAnLR TO ST. I.OUTS, liig Sec. 533. Duties of s^>l lumrUs uitli rofciviict' to pensiuii fuiul. — Tho secretaries of such public school boards or boards of directors so having diarge of public school funds, shall certify monthly to the treasurers thereof, all amounts deducted from the salaries of teachers, special teachers, principals and administrative and clerical employes, in accordance with the provisions of this act, which amounts, as well as all other moneys contributed to said fund, shall be set apart and held by said treasurer as a special fund for the purposes hereinbefore specified, subject to the order of said boards of trustees, as aforesaid, and shall be paid out upon warrants signed by the president and secretary of said public school boards. (Laws ISSo, p. 2GS. R. S. 1S99, sec. 9950.) Sec. 53 4. Acts of lioards of (rusteos to be pa.ssed upon by the public school lioard.s. — Every act of said boards of trustees shall be reported to and be passed upon by such public school boards or boards of directors having charge of public schools in such cities. (Laws 1895, p. 268. R. S. 1899, sec. 9951.) ARTICLE III. COMPULSORY EDUCATION. (Act o( March 19, 1907.) Sec. 534a. Duty of parent or K"a''*Han-— Every parent, guardian or other person in any city of the state of Missouri of five hundred thousand inhabitants or over having charge, control or custody of a child between the ages of eight and fourteen years, shall cause such child to attend regularly some day school, public. private, parochial or parish, not less than the entire time the school which said child attends is in session, or shall provide such child at home with such regular dally Instructions during the usual hours as shall, in the judgment of a court having competent jurisdiction, be substantially equivalent at least to the instruction given the children of like age at said day school in the locality in which said child resides; and every parent, guardian, or person in the state of Missouri in such cities having charge, control or custody of a child between the ages of fourteen and sixteen years, who is not actually and regularly and lawfully engaged for at least si.x hours each day in some useful employment or service, shall cause said child to attend regularly some day school as aforesaid (Laws 1907, p. 429, sec. 1.) Sec. ."i34b. Children — when excused. — A child between the ages aforesaid may be excused temporarily from coniiilying with the provisions of this act. in whole or in part, if it be shown to the satisfaction of the attendance officer, or If he declines to excuse, to the satisfaction of a court of competent jurisdiction, that said parent, guardian or person having charge, control or custody of said child is not able, through extreme destitution, to provide or obtain In any way proper clothing for said child: or that said child is mentally or physically incapacitated , to attend school for the whole iieriod required, or any part thereof, or that the I labor of said child is absolutely necessary for ihe support of the family, or that said child has completed the common school course, as prescribed by constituted authority, or its equivalent, and has received a certificate of graduation there- from; Provided, however, that in cities maintaining evening schools any child who has been exempted from attendance in the day school for the reason that the labor of said child is absolutely necessary for the support of the family, shall be required to attend said evening schools while they are in session, unless an exemption from such attendance is granted by the attendance officer, (lb., sec. 2.) j Sec. 53 4c. Board to appoint attendance officer — powers. — The board having 'charge of public schools in such city may appoint, and remove at pleasure, one or I more attendance officers to enforce the provisions of this act, and shall fix the com- pensation and manner of performance of the duties of said attendance officers, and shall pay them from the public school funds: and the attendance officer or officers. as aforesaid, shall have the right to investigate the claims of children for exemption under section two. and to issue certificates of exemption when such claims are established to his or their satisfaction: shall serve written or printed notices upon the parents, or guardians, or persons, who. having charge, control or custody of children, as aforesaid, violate the i)rovisions of this act: shall, when reasonable doubt exists as to the age of any such child, require a properly attested birth certificate or an affidavit stating such child's age. giving the date or birth, physical character- istics and bearing the signature of the child: shall have the right to visit and enter any mine, office, factory, workshop, business house, place of amusement, or other t>lace in which children are employed or engaged in any kind of service, or any place or building in which children loiter or idle during school hours: shall hare the right to require a properly attested certificate of the attendance of any child or children at such day school: shall have power to arrest, without warrant, any truant, or non-attendants or other Juvenile disorderly persons, and place them in ^ome school, or take them to their homes, or take them to any place of detention proTlded for neglected or delinquent children by such city; shall serve In the cases 200 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 27. which they prosecute without further fee or compensation than that paid by the board as aforesaid, and shall carry into effect such other regulations as may lawfully be required by the board appointing them. (Laws 1907, p. 429. sec. 3,) fc'ec. .534 d. Certain persons to administer oaths — certificates. — Superintend- ents, principals and persons in charge of schools and attendance officers are author- ized to administer oaths and to take the affidavits of parent, guardiaji or other person having charge, control or custody of children, concerning the ages of children, and to furnish children with certificates of such affidavits; such certificates must have attached the signature of the cliild for whom it is issued, the signa- ture of the persons who made and took the affidavit, and the seal of the board having charge of public schools. Aforesaid certificates shall contain the description of the color of eye and hair of the child to whom it is issued. (lb., p. 430, sec. 4.) Sec. 53 4e. Fjilse information as to a}je — penalty. — It shall be a misdemeanor for any parent, guardian or other person having charge, control or custody of chil- dren to give false information to superintendents or i)rincipals of schools or to the attendance officer or to make a false affidavit concerning the age of a child, and aforesaid parent, guardian or other person shall, upon conviction of such mis- demeanor, be fined not exceeding twenty-five dollars. (Id., sec. 5.) Sec. 534f. Truant or parental schools. — The board having charge of the public schools of such city may establish and maintain from the public school funds one or more truant or parental schools in such city, or any such board may, at its discretion, purchase land and maintain such school either within or without such city for children who are between the ages of eight and sixteen years, and who are either habitual truants from any day school in which they are enrolled as pupils, or who, while in attendance at any school, are incorrigible, vicious or immoral, or who habitually loiter or wander about the streets or roade, or other public places without lawful employment, or who habitually frequent, during school hours, any place of amusement, or wno idle or loiter in any place or building during school hours: and may, by said school board, through its officers, be assigned to and required and compelled to attend such truant or parental school, or any department of the graded schools as such board may direct: or such juvenile disorderly persons may be arrested, without warrant, by the attendance officers, and may be prosecuted by them in the juvenile court of said city, and may be dealt, with in such manner as provided for the treatment of neglected or de- linquent children under the act establishing said juvenile court in said city. (lb., sec. 6.) Sec. .53 4g. Parent violating act — penalty. — Any parent or guardian or person who having charge, control or custody of a child in such city, between the ages of eight and sixteen years, violates any provision of this act, shall be warned, as aforesaid, as soon as possible after the beginning of the i)ublic school term of the city, and also at any time thereafter, by the attendance officer herein provided for, to place and keep said child in regular attendance at some school within ten days from the service of said written or printed notice of warning, and upon failure to comply with this act after a lapse of ten days from the date of the service of said notice of warning, said parent or guardian, or person having charge, control or custody of said child shall be deemed guilty of a misdemeanor and, upon con- viction theerof, shall pay a fine of not less than ten dollars and not more than twenty- five dollars, or fbe] imprisoned for not less than two days and not more than ten days, or both such fine and imprisonment: Provided, that said sentence of fine or imprisonment, or both, may be suspended and finally remitted by the court with or without the payment of costs, at the discretion of the court, if the said child be immediately placed and kept in regular attendance in some day school as afore- said, and if such fact of regular attendance is proven subsequently to the satisfaction of said court by a properly attested certificate of attendance by the superintendent, principal or person in charge of said day school, i lb., sec. 7.) Sec. 534h. Children between 14 and 16 not to be eniplo.yed certain places, etc. — certificate. — No child between the ages of fourteen and sixteen shall be employed or be enga.ged in service in any mine, factory, workshop, business house, place of amusement, or in any other place or manner who has not first furnished his employer a properly attested birtli certificate, or an affidavit, as provided for in section four of this act, giving the date of birth and physical characteristics and the signature of the child. (lb., p. 431, sec. S.) Sec. 534i. Same — children between 8 and 14 years. — Xo child between the ages of eight and fourteen shall be employed or be enga,ged in service during the usual school hours in any mine, office, factory, workshop, business house, place of amusement, or in any other place or manner, unless such child shall first furnish his employer a certificate, properly signed by the attendance officer, or an excuse from school attendance issued by a court of comiietent jurisdiction, showing that such child is for the time being excused from attendance at school, in accordance with section two of this act. (lb., sec. 9.) AKT. 3.) STATK LAWS SPECIAIJ.Y APPUCABLK TO ST. LOUIS. 201 Sec. 534j. KiiiploytT violatint; ait — luiialty. — Every owner, superintendent, officer, or person In charge of any mine, otllce, factory, worlishop, businesa house, or place of amusement, or any person who shall employ or have in his service any child between eight and sixteen years of a^e contrary to the provisions of this act shall be guilty of a misdemeanor, and, upon conviction, shall be lined for each offense in a sum not less than twenty or more than fifty dollars and costs, (lb., sec. 10.) Sec. 5:UI<. Kniployor to keep record of ase. — -Every owner, superintendent, officer, or person in charge of any mine, office, factory, workshop, business house, or plaie of amusement, or any i)erson who employs or has in his service any child between eight and sixteen years of age, shall preserve and Iteep on file for each child between the aforesaid ages that is in his employ or service, the affidavit or cer- tificate of age, or the certificate of exemption from school attendance which has been furnished to said employer, as provided for by sections nine and ten of this act; and every employer, as aforesaid, shall, ui)on the request of the attendance officer, submit any or each of said certificates, affidavits, or exemi)tions from school at- tendance for inspection and examination of such officer. Any employer failing to comply with any of the provisions of this section shall be deemed guilty of a misdemeanor, ami. upon conviction, shall be fined for such offense not less than twenty dollars, nor more than fifty dollars, and costs, (lb., sec. 11.) Sec. 5;MI. Prosecutions, liow and wliere iH-ought — juvenile court. -^Prosecu- tions under this act shall be brought in the name of the state of Missouri. The circuit court, when vested as a juvenile court, with jurisdiction over juvenile offenders, shall have concurrent jurisdiction with the court in said city having general Jurisdiction over misdemeanors to try and determine any cases of viola- tion of the provisions of this act by parents, employes or other persons, and shall also h^ve jurisdiction to determine exemptions under section two [538b] and a general supervisory jurisdiction over the enforcement of the provisions of this act. (lb., p. 432, sec. 12.) Sec. 534m. Itopealinj; act. — An act entitled "An act to enforce the consti- tutional right of every cliiUi in the state to an education, to provide for truant or parental schools ami attendance officers in cities of ten thousand population or more, and to prohibit the employment of children during school hours," approved April 11. 19115, so far as the same applies to cities having five hundred tliousand inhabftants or more, is hereby repealed. (lb., sec. 13.) Sec. 534n. Einergt-ncy. — The existing laws having been found inadequate In cities of five hundred thousand inhabitants and over for the declared purpose of enforcing the constitutional right of every child in such city to an education, and the necessity of making an adequate provision therefor, creates an emergency within the meaning of the Constitution, and therefore, this act shall take effect and be in force from and after its passage. (lb., sec. 14.) CH.APTbK rWh.M Y-HIGHT. SANITARY DISTRICTS AND SEWERS.* Section 535. Sanitary cU.>itricts — how established. — Whenever the construc- tion and maintenance of a common outlet or channel, or of a system of drains or ««wers, for the drainage of any area in the state of Missouri, shall become neces- sary to secure proper sanitary conditions for the preservation of the public health. If such area shall lie In part within and in part without the corporate limits of any city having a population of 300,000 or more, said area may be established and Incorporated as a sanitary district under this act, in the manner following, lo wit: The mayor and assembly of the city, or the county court of the county, within whose limits any part of such area may lie. or In case the area is situated In part in a city authorized to perform all the functions of a county, and part in a county, both the mayor and assembly and the county court may petition the circuit court or courts having jurisdiction for the appointment of commissioners as here- inafter provided, and to take such further action as may be necessary to the sub- mission to the legal voters resident in such area, of the question whether such area shall be organized and incorporated as a sanitary district under this act. Such petition or petitions, which may be in the form of an ordinance of the city or order of the county court, shall set forth a description in general terms of the territory lo be embraced In. and suggest a name for, the proposed sanitary district. ( I^awa 1905. p. 62. sec. 1.) •Law* 1905. p. 62. 80CS. 1-18. See Charter provisions on sowers, etc: Art IV. sees. 34, If: Art. in. ace. 2<, clause 2: and particularly Art. VI. hoc. 20-23; also notations thereto appqndod. 202 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 28. Sec. 53 6. Commissions — reports^-elections.^The circuit court or courts so petitioned are hereby auttiorized to appoint three disinterested persons, one of whom shall be a civil engineer or surveyor, as commissioners to lay out and define the boundaries of the proposed sanitary district. Said commissioners may alter or amend the boundaries of the proposed district, as set forth in the petition or peti- tions, so that it may embrace all of the area capable of being efficiently drained by the common outlet or channel, or by the system of sewers or drains, or so as to exclude from the sanitary district any part of the natural drainage area which is so situated as not to be benefited by the proposed sanitary drainage, and for this purpose they shall have power to have made all surveys and maps necessary to locate and describe the said boundaries. Said commissioners shall qualify by tak- ing oath to faithfully and impartially perform their duties, and when so qualified shall give notice by publication at least five times, in one or more newspapers hav- ing a general circulation in the proposed district, of the time and place where they will meet to consider and establish said boundaries. Said notice shall be given at least twenty days prior to the meeting, and the meeting place shall be in the courthouse of the county, or city hall of the city. At the meeting the commissioner first named in the order of appointment shall preside, and all persons residing or owning real property in such proposed district, or ad,iacent thereto, shall have the right to be heard as to the location of the boundaries of such proposed district; and the commissioners or a majority of them after such hearing shall fix and deter- mine the boundaries of the proposed district. The commissioners may adjourn from day to day until the hearing shall be complete, and for their services shall receive $10 per day each, tor each day of actual service. They may employ a competent person as stenographer and clerk, whose compensation shall be $5 per day. The commissioners shall make their report, accompanied by a map or plan showing the boundaries of the proposed district, in relation to the property lines intersected or followed by them, also in relation to city or county boundaries, to the court or courts by which they were appointed. Said report and map, if ap- proved by the court or courts, shall then be filed in the office of the recorder of deeds for the county or counties, or city, in which the proposed district is situated, and copies of the map with the mayor of the city and with the county court of the respective county or counties. It shall then be the duty of said mayor and county court or courts to submit to the legal voters of the proposed district the question of the organization and incorporation of the proposed sanitary district, with boun- daries as determined by the said commissioners and approved by the said court or courts, at an election to be held on the first Tuesday after the first Monday in No- vember thence next ensuing: notice whereof shall be given as required by the stat- utes of the state of Missouri regarding the election of county officers. Polls shall "be opened, so far as practicable, at or near the usual polling places at general elec- tions. Votes shall be received and counted by three persons at each polling place, chosen from their number by the lawfully qualified electors resident in the proposed district, not less than nine in number present at any poll. The returns of the vote, certified to under oath by those who receive and count the vote, shall be made to the secretary of state of the state of Missouri, who shall ascertain and declare the result. Each legal voter resident within such proposed sanitary dis- trict shall have a right to cast a ballot at such election, with the words thereon: "For sanitary district," or "Against sanitary district." If a majority of the votes cast shall be "For sanitary district," such proposed district shall thenceforth be deemed an organized sanitary district under this act. When the board of trustees hereinafter provided for shall be appointed and organized, such sanitary district shall be considered in law and equity a body corporate and politic, known by the name and style of "The sanitary district of ," and by such name and style may sue and be sued, contract and be contracted with, acquire and hold real estate and personal property necessary for corporate purposes, and adopt a com- mon seal. All courts in this state shall take judicial notice of the existence of all sanitary districts organized under this act. If the proposition to establish the san- itary district is carried, the cost of all preliminary proceedings shall be borne by the district; if it is defeated, all costs of court, of commissioners and of the elec- tion shall be borne by the city and county, if of independent jurisdiction — each be- ing liable for all expenses in regard to proceedings under its petitions. If its juris- diction is single, the county court shall pay for all said expenses. When a natural drainage area includes territory lying in part in a county and in part in a city exercising the functions of a county, or in two or more counties, then the pro- ceedings hereinbefore prescribed shall state that the proposition is to unite the parts so situated in independent jurisdictions into a single sanitary district; and if the proposition is carried by a majority vote in each of the parts, then the dis- trict shall be united and organized as described in said proceedings, and the cir- cuit court having jurisdiction over the major part of the area included in the ClIAl'. 28.) STATK LAWS SPECIALLY Ari'LICABLK TO ST. LOUIS. 2a'i district so orKanlzetl, shall have and is directed to exercise jurisdiction in all cases or questions arising out of the organization of the district, or from the acts of the board of trustees thereof. (lb., p. G3, sec. 2.) Sec. 53 7. Trustees — term, etc. — The board of trustees for the sanitary dis- trict shall be constituted as follows: The county court shall appoint one; the mayor of the city, with the approval of the higher branch of the legislative de- partment of the city government, shall appoint one; and the court having juris- diction over the whole or major part of the territory embraced in the district, as shown by the map thereof, shall appoint one. who shall bo a civil engineer of good repute in his profession, and a recognized expert in matters of drainage. The ap- pointee of the circuit court shall be the president of the board, and its executive officer. For their services the trustees shall receive salaries proportioned to the actual services rendered the district: the amount of salaries in each case shall be fixed on a per diem basis by the circuit court which ai)points the third member, as before provided. If more than one sanitary district be organized with territory common to the same city and county or counties, the same persons may be ap- lioiuied as trustees for any or all such districts. The official or court appointing the trustees shall have the power to appoint a successor when any vacancy occurs by reason of death, resignation, or removal from office or expiration of term. He or it may also remove such appointee for cause. The term of office of the first appointee of the circuit court shall be three years; that of the county court two years, and that of the mayor one year. Subsequent terms shall all be for three years, always subject to the condition that the board of trustees may be abolished. as hereinafter provided. The board of trustees shall have power to elect a clerk, chief engineer and attorney, and to employ from time to time such other i)ersons as may be necessary, and to remove and discharge them at its pleasure: to fix the compensation of such appointees or employes, and to require them to give bond for the faithful performance of their duties: Provided, that no salary so paid, calculated on per diem basis, shall exceed the per diem allowed the president of the board. (lb., sec. 3.) Sec. 53 S. Siinif — powers of board. — Said board of trustees shall have power to pass all necessary rules and regulations for the proper management and conduct of the business of said board of trustees, and of said corporation, and for the carrying Into effect the objects for which such sanitary district is formed. (lb., p. 65, sec. 4.) Sec. 63 9. >IcHns to carry act into cITect. — To provide means to carry into effect the objects for which such sanitary district is formed, the lawful avithorilies Id the city, and the county court in counties, in which sanitary districts may wholly or in part be situated, shall levy and assess upon all the lands lying within such sanitary district, exclusive of streets, roads and alleys duly opened to public use. a uniform special drainage tax. to be fixed by requisition and certified by ordi- nance of the board of trustees of such sanitary district. And the mayor and as- sembly of said city are hereby authorized and required to levy such special tax. in addition to the amount they may be authorized to levy for general municipal pur- poses by the charter of said city. And the county court or courts is hereby author- Ixed and required to levy such special tax. in addition to the amount it may be authorized to levy for general county purpose. The amount of such special tax in any year shall not exceed one-half of one per cent on the assessed and equalized valuation of such lands for that year. No lands, other than streets, roads and al- leys shall be exempt from said special tax. and if not valued and assessed for other purposes, shall be valued and assessed for this. Such special tax shall be collected and enforced by the same officers and in the same manner as provided for state and county taxes. The amounts collected shall be paid Into the treasury of the rlty and of the county or counties in which the collections are made, and be cred- ited to a special fund, called "The drainage fund of the sanitary district of ." and shall be used for no other purpose than for the payment of Touchers, drawn under the authority vested In the board of trustees for the sani- tary district, as hereinafter specified. Sec. 539a. Vouchers. — The board of trustees of sanitary districts shall have |the power to Issue vouchers payable by the treasurer of the city or of the county In which such sanitary district is wholly or In part situated, out of any funds In such treasurer's hands to the credit of the special fund of the sanitary district for the following named purposes, to wit: For the preliminary expenses incurred in organizing the district: for salaries and current expenses of the board, and salaries of Its employes; for making surveys, plans and superintendence of work: for the of judgments for damages and costs, or the agreed price for right of way nients; for payment of principal and Interest of lawfully Incurred indebt- •i"'.-.--, and for work done or materials furnished for the construction or maln- leokDce of channels, drains or sewers. ( lb., sec. 5.) Sec. 540. Hoard to make sunejs and dellne areas. — It shall be the duty of lh« board of trustees to make the necessary surveys, and to map out and define the 204 STATE LAWS SPECIALLV APPLICABLE TO ST. LOUIS. [CHAP. 28. several natural drainage areas in the district, and to lay out a general plan tor the drainage thereof; besides the main outlet or outlets, the plan shall embrace branches or sub-mains, necessary for a complete system of principal drains for the entire district. Branch or sub-mains to be paid for out of the general revenue of the district, shall not be extended beyond the point at which they will receive the drainage of an area of less than 80 acres. Outlets and the larger branches or sub-mains may be open channels, whose general course shall be followed by inter- cepting sewers, to collect and convey sewage or polluted drainage. The board shall also subdivide the district into convenient sub-districts, not larger than 1,000 acres in extent, within which the sewers or drains necessary to complete the drain- age shall be constructed at the expense of the sub-district, as hereinafter pro- vided. When such plans are complete for a definite district or sub-district, the board of trustees shall adopt them by ordinance, and such ordinance when pub- lished in one or more newspapers having general circulation in the sanitary dis- trict, shall be binding upon all persons, corporations and municipalities; and noth- ing shall be done affecting the drainage of any part of the district (other than ordinary farm or agricultural drains) by any person, corporation or municipality inconsistent with such plans or without the permission of said board of trustees, (lb., sec. 7.) Sec. 5 41. Condcinnation of private property. — If, in the judgment of the board of trustees, it is necessary to acquire rights of way or easements for drain- age purposes, through private property, it shall, by ordinance duly certified, call upon the authority of the city or county having the right to cause the condemna- tion of private property for public use, to procure such rights of way or easement by due process of law; or said board may obtain the same by purchase, gift or otherwise. All costs of proceedings and damages allowed shall be paid out of the special drainage fund in the treasury of the city or county in which the property taken is situated. The board of trustees of such drainage district, if it be neces- sary to cross, follow or traverse public streets, roads or alleys, or grounds held or used as public parks or places, shall have the right to do so upon the following conditions: The board of trustees shall file with the county court or mayor of the city having immediate jurisdiction over the street, road, alley or public park or place, a map showing the location and extent of the proposed occupancy for drain- age purposes and a plan of the proposed works, which plan shall be so made and arranged as not to interfere with the ordinary and lawful use of said street, road, alley, public park or place, except during a reasonable time for the construction of the necessary works — said map and plan to be subject to approval by the county court or mayor of the city. The entire expense of the works and restoration ot the ground occupied to its former condition, as near as may be, shall be borne by the sanitary district. (lb., p. 66, sec. S.) Sec. 5 4 2. Bonds. — If, in the judgment of the board of trustees, the con- struction of the whole or any part of the general plan adopted is an urgent sanitary measure, and the means provided under section 4 of this act are insufficient to do the work as rapidly as may, in the judgment of said board, be necessary, the said board may apply to the court or courts having jurisdiction for an order of said court or courts, authorizing the issue of bonds for the purpose of anticipating the revenue of the sanitary district. The application shall state the purpose, amount and all conditions of the proposed issue of bonds. Said court shall have the power, in its discretion, to authorize the issue of such bonds, provided that the total amount outstanding shall, at no time, exceed the anticipated revenue of the sani- tary district for the ten years next ensuing, computed on the basis of a levy of one- half of one per cent annually, upon the valuation for the year in which the author- ity for issue is given. Bonds issued under the authority of this act shall not run for a term exceeding twenty years, nor bear a higher rate of interest than six per cent per annum. When bonds are so issued and sold, the special fund before de- scribed, arising from tax collections, shall each year first be charged with the in- terest falling due that year, and with a proportion of the total amount of outstand- ing bonds, ascertained by dividing said total amount by the number of years the bonds have to run, and the amount so ascertained shall be set apart as a sinking fund to provide for the payment of interest, and for the payment or purchase of said bonds. The bonds issued under the authority of this act shall have a copy of this section and of the order of the court printed on their back, and shall be regis- tered in the office of the secretary of state of the state of Missouri. The sinking fund above provided for shall each year be paid into the treasury of the state, and payments therefrom for interest and principal shall be made as provided in the case of bonds payable by the state of Missouri. The proceeds of bonds issued under the authority of this act shall be deposited with the treasurer of the city, and shall be a special fund, and be used for no purpose except the payment of vouch- ers for work done or materials furnished for the construction of channels, drains CHAP 28] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 205 aud sewers. In case ot appeal from the action of the court applied to as above provided, the appeal shall be heard and determined as a privileged case by the supreme court of the state of Missouri, (lb., sec. 9.) Sec. 543. Contracts." — Tne board of trustees for the sanitary district shall let contracts for ail work to be done, excepting in case of repairs or emergencies requiring prompt attention, in the construction of channels, drains or sewers, un- der the authority of this act, the expense of which will exceed five hundred dollars, to the lowest responsible bidder therefor, upon not less than twenty days' notice of said letting, giving by publication in a uews|)a[ier of general circulation in the district, and in the discretion of the said board, in one or more newspapers of gen- eral circulation among contractors. The said board shall have the power and authority to reject any and all bids, and readvertise the w-ork. The board ot trustees shall also have the power to enter into agreements with persons, firms or corporations of known staudiug and competence for the execution aud prepara- lln of the surveys, maps and plans needed and required by the said board, and also for the laying out and superintendence of work to be constructed \inder the authority of this act; but no single agreement so made shall cover more than one piece or class of work, (lb., sec. 10.) Sec. 544. City aiitliurilie.s (o con.strnct sewers mid drains, wlien. — The law- ful authorities of any city or incor|)orated town or village, the county court of any county, individual owners or associations of such owners, shall have the right to construct sewers or drains in sanitary districts, organized under this act, at their own expense, but plans for such sewers and drains must conform to the plans adopted by the board of trustees, and all such plans must be submitted to and be approved by said board of trustees before any construction work is done thereon. Sec. 545. Siiecittl ta.ves — pa.mient. — When sewers are needed for the com- plete or sanitary drainage of a sub-district, being a part of a sanitary district not exceeding 1,000 acres in area, such sewers may be built by the board of trustees created under this act. if parts of the sub-district so to be drained bo situated lu different and independent jurisdiction: but. if such sub-district lie wholly within the limits of a single jurisdiction, then the powers conferred by this section shall be vested in and exercised by that jurisdiction. The board ot trustees herein created, in the case described above, otherwise the city, incorporated town or vil- lage, or county court, having jurisdiction over the sub-district, shall have the power, when petitioned so to do by a majority of the resident tax-payers within the sub-district described in the petition, or upon a recommendation of a lawfully organized board of health, that the complete or sanitary drainage of a certain de- scribed area in a sub-district is needed as a sanitary measure, to provide for the construction of a complete system of sewers in such sub-district or convenient part thereof, and to assess the cost of such sewers upon the property drained thereby as a special tax; said special tax shall be uniform in the proportion that the area of each lot or parcel of ground, taken to a distance not exceeding 200 feet from the center line of the sewer, bears to the whole area drained by the sewers for which assessment is made. Special tax-bills shall be issued against each lot or parcel of ground drained or drainable by the sewer, or the portion ot such lot or parcel lying within 200 feet of the center line of such sewer or sewers. Such special tax-bills shall be a lien upon the property charged therewith, as is provided for other special tax-bills authorized by the statutes of the state ot Missouri; but if any owner of any lot or parcel of ground assessable hereunder shall, within twenty days after the passage of the ordinance or order for the construction ot such sewers, make written request that he be allowed to |)ay the sjjecial tax thereon by in- stallments, said special tax-bills against the property described in his reqtiest shall be divided, and portions made payaule at certain dates and in amounts named; but the time of payment shall not extend beyond five years, nor the number of installments to more than five. Each installment shall bear Interest at the rate of r> per cent per annum from date of issue ot the special tax-bill until due. and if not jiaid when due the rate of Interest shall thereafter be 10 per cent per annum. If any install- ment remain unpaid for six months after it become due, then all unpaid install- ments shall be deemed to have become due with it, and the Hen upon the property may be enforced for the whole amount unpaid together with interest thereon. Said special tax-bills shall be Issued by the board of trustees and authenticated by the seal of said board or by the authorities of the city, in the manner other special tax-bills are issued by said city. If the sewers be built by the board of trustees, or a county court, the cost of engineering and superintendence shall be added to thf cost of construction. In ascertaining the amount to be assessed against the property drained: but the cost of engineering and superintendence shall not ex- ceed 10 per cent of the cost of construction, as finally estimated. If the sewers be built by the city, incorporated town or village, the cost of engineering and super- intendence shall be borne by such city, incorporated town or village. The special tax-bills shall be Issued to the contractors, or to persons rendering service or fur- nishing materials in a sub-district, under contract or agreement with the board 206 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 28-29. of trustees, or the competent authorities of the city, incorporated town or village, or county court, in full settlement for all sums that may be due, arising from such contracts or agreements; but no claims shall be entertained or allowed for pay- ment in any other way than by the issue of and delivery of such special tax-bills (lb., p. 67, sec. 12.) Sec. 54 6. Acceptance of private sewers already constructed. — The board of trustees created by this act, or the authorities of the city, town or village, or the county court, shall have the power to accept from private persons or corporations any sewers or drains constructed by them before or after the organization of the sanitary district, and to allow an equitable credit for such sewers or drains; or to acquire the same by process of law if needed: Provided, that the sewers or drains accepted, in plans, materials and construction, conform to the plans adopted and approved by the board for similar work done by said board; and provided, in the case of acceptance, that the amount allowed shall not exceed the amount assessa- ble as a special tax against the property drained thereby, under the preceding sec- tion of this act. The title to or ownership of such sewers or drains shall be con- sidered as attaching to all lauds actually drained thereby in proportion to the areas of such lands, and the credit sliall be allowed to the owners of record. (lb., sec. 13.) Sec. 547. Dissolution of board. — When the object for which a sanitary dis- trict was organized is accomplished by the completion of the main channel, drains or sewers, contemplated and adopted in the general plan, and when the areas of divided jurisdiction are drained or otherwise provided for (which facts the circuit court for the district in which the whole or the major part of the territory em- braced in the district shall determine), then the board of trustees of such sanitary district shall cease to exist at the expiration of sixty days after the date of the decree of court expressing such determination. But provision shall be made for the fulfillment of all contracts and obligations which have been made by said board of trustees, the responsibility therefor being assumed by the city or county directly interested. Provision shall also be made for the prompt payment of all outstand- ing bonds of the sanitary district. (lb., p. 69, sec. 14.) Sec. 548. Certain officers to assist in making act effective. — It is hereby made the duty of the secretary oi state, the mayors of cities, the circuit court, the county court of counties, and all assessors, sheriffs, collectors, treasurers and other officials in the state of Missouri, to do and perform all the acts and to render all the services necessary to carry out the purposes of this act, and for such services they shall receive the fees, or other compensation allowed by law for similar services rendered to cities, counties, or the state. (lb., sec. 15.) Sec. 549. How this act construed. — Nothing in this act contained shall be so construed as to constitute a contract or grant between the state of Missouri and any sanitary district formed under its provisions, or to prevent, debar or deprive the state of Missouri from, at any time in the future, altering, amending or repeal- ing this act, or imposing any conditions, restrictions or requirements other, differ- ent or additional to any herein contained, upon any sanitary district formed here- under, (lb., sec. 16.) CHAPTER TWENTY-NINE. SHERIFF AND CORONER.' Sec. 550. Duty of sheriff of city of St. Louis. — The sheriff of the city of St. Louis shall do and perform all acts and duties prescribed by general and special laws applicable to the sheriff of St. Louis county, which were in force at the time of the adoption of the scheme and charter, except in such cases as are inconsistent with some provisions of said scheme and charter. (Laws 1877, p. 188, sec. 1. R. S. 1899, p. 2548.) Sec. 551. Bond, by whom approved. — The official bond of said sheriff shall be in such sum as is prescribed by law, and shall be approved by the St. Louis circuit court. (Laws 1S77, p. 188, sec. 2. R. S. 1899, p. 2548.) Sec. 552. To execute process of what courts. — All process of the circuit court in said city of St. Louis, the St. Louis criminal court, the St. Louis court of criminal correction, and the probate court of the city of St. Louis, shall be directed to and executed by the sheriff of said city. (Laws 1879, p. 40, sec. 1. R. S., p. 2548—//.) •See Scheme, sees. 3. 5. 18. 30. 33; Charter Art. IV, sec. 14. (/;) Slieriff disqualified from summoning jurors in criminal case where he is a witness for the prosecution, and this is true of a cause in the St. Louis Court of Crim- inal Correction: State v. Powers, 136 Mo. 194. The above act. 1879. p. 40 (sees. 552 to 561 hereof) is constitutional: Kenefick vs. St. Louis. 127 Mo. 1. fllAP. aS.I STATU LAWS SPECIAI.I.Y APPLICABLK TO ST. LOUIS. 207 Sec. 553. T<> iitiiml upon uliat cuurts. — It shall be the duty of the sheriff of the city of St. Louis to attend said courts, and do and portorm all acts hereto- fore enjoined upon and required by law to be performed by the marshal of St. L«uis county, and now devolved \ipon the marshal of the city of St. I..ouis. (Laws 1879. p. 40. sec. 2. R. S. 1899. p. 2518.) Sec. 554. Fees of sherilT. — The sheriff of the city ol St. Louis, for bis gervlces. shall be allowed the same fees in the St. Louis criminal court, the St. Louis court of criminal correction and the probate court of the city of St. Louis, as were heretofore allowed the marshal of St. Louis county for like services, to be taxed and collected as other costs in criminal and civil cases. (Laws 1879. p. 40, see. 3. R. S. 1899, p. 254S— i.) Sec. 555. General duties of .sherilV and coroner. — All general laws relating and applicable to the sheriffs and coroners of the several counties of this state shall apply to the same officers in the city of St. Louis, and all special laws appli- cable to the sheriff, marshal or coroner of St. Louis county, as organized before the separation of the city and county of St. Louis, by the adoption of the scheme of separation, shall still api)ly to the sheriff or coroner in the city of St. Louis, and all acts and parts of acts providing for any legal process to be directed by any sheriff or coroner of any county or the marshal of St. Louis county, shall be so construed as to mean the sheriff or coroner of the city of St. Louis, as if such officer wore specifically named in such act. (Laws 1879. p. 39. sec. 1. R. S. 1899, p. 2548.) Sec. 55t>. Shei-iir to keep lu-count of all fe«'S received. — The sheriff of the city of St. Louis shall keep full, complete, itemized accounts of all fees, commis- sions and emoluments accruing to him by virtue of his office, and of all expenses. Including the pav of his dei)uties. incurred by him in the discharge of the duties of his office. (Laws 1S79. p. 98, sec. 1. R. S. 1899. p. 2548—;.) Sec. 557. Shall file statement with circuit clerk. — Said sheriff shall, within ten days next after the end of each six months of his term of office, make and file in the office of the clerk of the circuit court of St. Louis city, an itemized state- ment, verified by oath, of all such fees, commissions, emoluments aud expenses of Dts office for such period of six months; and such clerk shall note the filing of such statement upon the docket of the court in general term; and the court in general term shall, without delay, proceed to examine and settle with such sheriff bis accounts of the fees, commissions, emoluments and expenses of his office, and. in such settlement, shall carefully inquire into and charge such sheriff with all the fees, commissions and emoluments of his office for such period, and. in like man- ner, inquire Into the expenses of such office for such period, and disallow all such expenses as the court may find have been improperly incurred, and in such exam- ination the court may compel the attendance of and examine witnesses, and compel the production of books and papers, as occasion may require; and such settlements, when made, shall be conclusive of the amounts of such fees, commissions and eniol- uments. and of the expenses of such office. (Laws 1S79. p. 98. sec. 2. R. S. 1899, pi 2649— It.) Sec, 558. .\niount of fees retained — remainder to be paid to treasurer. — Such sheriff, out of the fees, compensation and emoluments of his office, may for each year of his term of office, receive and retain the sum of ten thousand dollars. o»er and above all such expenses as shall be allowed to him in his settlements nhoTe provided for; and all fees, compensation and emoluments which shall be ilected by any sherltt or by his successor for him, In excess of the amount which I (i) Tho Sheriff 1« entiled to $1.25 per day under the statute for safe-keeping: a r»r«on "urnlerKoInK an examination preparatory to his commitment." where held for rr- than a day. nor does he lose such fee where stieh person is kept In the calaboose -nished by the city authorities, f^uarded by the city jailer and police: Stale ex rel, vs. -u i-n M.^ ..- \\, -h thp snerlff of St. Louis Is required to attend the criminal il Correction In St. L,ouls. yet os no statute provides for a < fees are strictly construed, he Is not entitled to any coni- ... i.,,..i..ii 1,, ...... .-i,.i- .X rel. vs. Brown. 146 Mo. 401. ] (i) The sherltr of St. Louis must render a separate account of re- ' "^fpts nn.i expenditures for each year, and the fees of a particular year are ■ I for that year, no multir when collected. HajrlUKlon vs. St. Mo, 327. Under the constitution and act of 1879. the sheriff of the city i.H not entitled to more than tlO.OOO In the aK^rcRate out of his entire of- .:s of any one year. State ex rel, v, Pohlman. 60 Mo. App, 444; Kenefick 127 Mo. 1 If such earnlnirs during; any year are collerted In part by the ■If and In part by his successor, and his own collertlons do not exhaust ,*uch Uiiiit of tlO.ono. he Is entitled to recover enough of such collections by his succes- |»ori «o make good the deficit: State ex rel. v. Pohlman. 60 Mo, App. 444. '^ . . - ., without rl«tht of authority to Inquire Into the correctness of a ff's necount hy the circuit court, which Is final BKnlnst the city; .his warrant for the amount shown; State ex rel, vs, Brown. 72 VI ,App •,,! ,s. .■ T<., as to rlKht of Ct. Crim, Cor, to provide for proper sxpendltures: jetat* ax rel, vs. Smith. S Mo, App, 427. 208 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 29. such sheriff may so receive and retain, shall be paid to the treasurer of the city of St. Louis, for the use of said city. (Laws 1879, p. 98, sec. 3. R. S. 1899, p. 2549 — ?.) Sec. 55 9. Fees, how apportioned in certain cases. — If such sheriff fail to hold his office during the whole of any year, he shall be entitled to retain therefor, such part of the sum of ten thousand dollars as shall bear to such sum the same pro- portion as the part of such year during which he shall hold such office shall bear to the entire year. (Laws 1879, p. 98, sec. 4. R. S. 1899, p. 2549.) Sec. 5 60. Proceedings upon failure to file statement. — If any sheriff fail to make and file such statement with said clerk, as above required, the said court, in general term, shall issue a citation to such sheriff requiring him to make and file such statement on or before a day to be named in such citation; such citation may be served upon such sheriff in such manner as the court shall order; and if such sheriff, after service of such citation, fail to make and file such statement as re- quired by the court, the court may, by attachment, compel the attendance of such sheriff, and if necessary, commit him to .iail until he make and file such statement, and in addition thereto may fine him for his failure to make and file such state- ment according to the provisions of section eight of this article, in a sum not ex- ceeding ten thousand dollars. (Laws 1879, p. 98. sec. 5. R. S. 1899, p. 2549.) Sec. 5 61. The city may sue and recover, in what cases. — The city of St. Louis may sue for and recover all sums of money payable into the treasury thereof by any sheriff, and the sheriff and his sureties on his official bond shall be liable therefor. (Laws 1879, p. 98, sec. 6. R. S. 1899, p. 2549.) Sec. 562. Sales of real estate, how conducted. — All sales of real estate in the city of St. Louis made by the sheriff of said city, shall be made in the manner now provided by law, and as hereafter made by the sheriff of the county of St. Louis. (Laws 1877, p. 191, sec. 1. R. S. 1899, p. 2549.) Sec. 5 63. Effect of sales. — All such sales so made by the sheriff of said city shall be valid and binding, and shall be effectual to pass the title of the property sold to the purchaser thereof. (Laws 1877, p. 191, sec. 2. R. S. 1899, p. 2550.) Sec. 564. Sheriff to execute deed. — For the property so sold by him, the said sheriff of said city shall execute and deliver to the purchaser thereof good and suf- ficient deeds of conveyance, which he shall first acknowledge before the St. Louis circuit court; and all such deeds, when so executed, acknowledged and recorded, shall have same force and effect as are given by law to deeds made by other sheriffs in this state. (Laws 1877, p. 191, sec. 3. R. S. 1899, p. 2550.) Sec. 565. Powers and duties of coroner, appointment, deputies. — The coroner of the city of St. Louis shall do and perform all acts within the limits of the said city of St. Louis required by law of coroners of the different counties of this state, and he is hereby authorized and empowered to employ two deputies, who shall take the same oath, possess the powers and perform the same duties as their prin- cipal, and for whose official conduct their principal shall be responsible. The ap- pointments of such deputies shall be in writing, shall be filed with the mayor of said citv of St. Louis, and may be revoked at the pleasure of their principal. (Laws 1893, p. 117. R. S. 1899, p. 2550.) Sec. 566. Fees and costs, how paid. — The costs and expenses of any inquest, including the fees of the coroner, of jurors, witnesses, constables and others en- titled to fees, for which the city is liable, shall be audited and paid as may be provided by the charter and ordinances of the city of St. Louis. (Laws 1877, p. 191, sec. 4. R. S. 1899, p. 2550.) Sec. 5 67. Powers and duties of mayor. — The mayor of the city of St. Louis shall do and perform all acts required of the county court by chapter forty-one of the revised statutes of Missouri, entitled "Coroners and Inquests." (Laws 1877, p. 191, sec. 2. R. S. 1899, p. 2550.) Sec. 5 6 8. Duties generally — when entitled to counsel fees. — Every sheriff shall quell and suppress assaults and batteries, riots, routs, affrays and insurrec- tions; shall apprehend and commit to ,1ail all felons and traitors, and execute all process directed to him by legal authority, including writs of replevin, attachments and final process issued by justices of the peace; and he shall attend upon all courts of record at every term, and in all cities which now have or shall hereafter have a population of three hundred thousand inhabitants or more, he may employ counsel to aid and advise him in the discharge of his duties, and to represent him in court, and may fix the compensation to be paid such counsel, not. however, to exceed the sum of two thousand dollars per annum. Provided, the whole compensation is paid out of the fees of his office of sheriff; and the court shall have power to audit and allow such compensation as other fees and expenses are allowed by law. ( R. S. 1899, sec. 10046.) (/) See Kenefick v.s. St. Loui.';, supra: State ex rel. vs. Polilman. supra. C'llAT. 30-31] .STATK LAWS SPECIALLY ArPLICABLK TO ST. LOUIS. -JO!) CHARTHR THIRTY. S.MtlKM .\l!ATi:.Mi:.\T • Section 569. I')iiiis>ii>ii uf dciisi- .smoke into open — iM'imltifs — p<-iiullu-s aci'iiiiiiilativc. — The emission or dIscliarKe into tlie open air of dense smoke witliin the corporate limits of cities of this state whicli now have or may have hereafter u population of one hundred thousand inhabit- ants Is herehy declared to be a public nuisance. The owners, lessees, occupants, managers or agents of any building, establishment or premises from which dense smoke is so emitted or discharged, shall be deemed guilty of a misdemeanor, and upon conviction thereof, in any court of competent jurisdiction, shall i)ay a fine of not less than twenty-five dollars, nor more than one luindrcd dollars. And each and every day whereon such smoke shall be emitted or discharged shall conslitule a separate offense: Provided, however, that in any suit or proceeding under this act. It shall be a good defense if the person charged with a violation thereof shall show to the satisfaction of the jury or court trying the facts, that there is no known practicable device, appliance, means or method by application of which to his building, establishment or premises the emission or discharge of the dense smoke complained of in that proceeding could have been prevented. (Laws 1901, pp. 73"4— m.) Sec. 570. t'ities oiiipowered to enforce act by ordiniuice. — All cities to which the provisions of this act are ajiplicable are hereby empowered to enact all neces- sary or desirable ordinances, not inconsistent with the provisions herein, nor the constitution, nor any general law of this state, in order to carry out the provisions of this act. (lb.) Sec. 571. Inconsistent acts repi-alcd. -AH acts or parts of acts inconsistent with this act. or any part hereof, ar> repealed, (lb.) CHAPTHR THIRTY-ONH. STENOGR.XPHERS. ARTICLE I. STKNOGRAPHERS IN CITIES AND COUNTIES HAVING THREE HUNDRED AND FII-^Y THOUSAND OR MORE INHABITANTS. Section 572. .Viithori/.inf; judne of a division circuit court to appoint stenog- ruplicr for his division. For the purpose of expediting the public business and preserving an accurate report of proceedings in the trial of causes without ex- penglve delays, the judge of the circuit court, or when said court consists of more than one judge, then the judge of each division thereof, in all cities and counties In this state which now have and such as may hereafter have a population of three '"vilred and fifty thousand inhabitants or more, is authorized to appoint one offi- slenographer for such court or division, such stenographer shall be an officer uch court, and shall file therein an affidavit to discharge faithfully and impar- V the duties of such office, and shall also file therein a bond to the State of -ourl. In the sum of three thousand dollars with two sureties approved by said .;e, conditioned for the faithful and impartial discharge of such duties, upon • h any person injured by breach thereof may maintain an action as upon other uftlclal bonds. Such stenographer shall hold his office until removed by an order of such judge or by an order of such judge api)oiiiting a successor. (Laws 1901. I p. 280. amending R. S. 1S99, sec. 10105.) I Sec. 573. liiilicK of stenoKraphor. — It shall be the duty of each official sten- •■ r so appointed to attend the sessions of the court, or division to which he ed, according to the direction of the judge thereof, to take full steno- uotes of the oral evidence offered in every case tried in said court or divl- . and of other proceedings when directed by said judge to be so reported, to- :u>r with all objections to the admissibility of testimony and the rulings of the rt thereon, and all exceptions taken to such rulings; to preserve all official notes •n In said court for future use or reference, and to finally deposit the same h the records of said court, according lo the directions of the judge thereof; ana 'urnish to any person a long-hand transcrijit of all or any required part of said lence or oral proceedings upon the payment to him of the fees hereinafter pro- ■d. When not reporting In open court, it shall also be his duty to take such •'s as may be requested by the judge In chambers, and to furnish the latter a script thereof when required. R. S. 1899, sec. lOlor — n.) l:.'V. Coil.-. Chnptor XVIII; .\rt. V. Sees. 1619- iiinnairor" Is sufflolont. without slatInK for .^•t.iti- v.s. Ev.Tiimn. 11.'. Mo. .\pp. 660. The pro- 1 In Stnt.' v.H. Ti.w.T. IS.". Mo. 79. k:r.-ii>h.r'.M iliitlfs. all else Is extra-offlclnl : Pad^ltt .vs. Mull. U9 M.I. 143. u:^. 210 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP." 3L Sec. 574. Salary and fees. — Each official stenographer shall receive, as com- pensation for his services, the sum of eighteen hundred dollars per year, which shall be paid in installments of one hundred and fifty dollars at the end of each month of said year, by the treasurer of the city wherein the court of which he is stenographer is situated, upon presentation to such treasurer of vouch- ers duly approved and certified by the judge in whose division of court such sten- ographer is employed. Each stenographer shall also receive from any person or- dering long-hand transcripts of his notes such fees for the same as may be from time to time established by orders of said court, or judges, as mentioned in section 10105 of this article, not exceeding, however, fifteen cents per folio of one hundred words, each four figures to be also counted as one word; and any judge of any court may, in his discretion, order a transcript of all or any part of the evidence or oral proceedings for his own use, and the stenographer's fees for making the same shall be taxed in the same manner as other costs in the case. (R. S. 1899, sec. 10107.) Sec. 5 7 5. Fee to be taxed in each case. — In every case, except in suits by the state for the collection of delinquent taxes, now or hereafter pending in any circuit court or division thereof where an official stenographer is appointed, the clerk of said court shall tax up the sum of three dollars, to be collected as other costs, and thereupon to be paid by said clerk to the city treasurer, to apply to the payment of salary of such stenographers as above. (R. S. 1S99, sec. lOlOS — o. ) Sec. 576. Deputies. — Each official stenographer may appoint one or more deputies, when necessary, to assist him in the discharge of his duties, by a written appointment, approved by said court and filed therein, and shall bo answerable for the proper performance of the duties of such deputy; and the compensation of the latter shall be paid by such stenographer. ( R. S. 1S99, sec. 10109 — p.) Sec. 577. May excliaiige work. — The stenographers, or deputies, in the sev- eral divisions of said court may, with the approval of the judges thereof, inter- change with each other or report for each other in any of the divisions of said court, and shall otherwise conform to such regulations as may be made by said court or the judges in their several divisions touching the performance of their duties. (R. S. 1899, sec. 10110.) ARTICLE II. STENOGR.\PHERS IN COURT.S HAVING JURISDICTION IN CASES OF FELONY IN CITIES OF OVER ONE HUNDRED THOUSAND INH.A.BIT.ANTS. Section 57 8. Criminal courts to have stenographer — tenure of his term. — In cities having a population of over 100.000 inhabitants, courts having jurisdiction in cases of felony shall have a stenographic reporter, such reporter to be appointed by the court, to hold his office from month to month, during the pleasure of said court, or until removed for cause shown, as hereinafter lu'ovided. ( R. S. 1S99, sec. 10130.) Sec. 579. Salary of sti-nos'rapher. — The stenograiiher so appointed shall re- ceive a monthly salary of one hundred and fifty dollars, payable at the end of each month by the treasurer of said city ui)On the iiresentation to said treasurer of vouchers duly apiiroved and certified by the clerk of said court. (R. S. 1S99. sec. 10131.) Sec. 5 8 0. .Shall take oath. — Such reporter, before entering upon the dis- charge of his duties, shall take an oath, before some competent person, to faithfully discharge the duties of said court. (R. S. 1899. sec. 10132.) Sec. 581. I>uty of .stenographer. — Such reporter shall attend upon said court, as directed by the judge thereof, and shall take accurate shorthand notes of the evi- dence, proceedings had. instructions given by the court and arguments made, and all other pertinent matter, and shall also attend upon any examination of a criminal mat- ter, when directed by the prosecuting officer, and shall furnish transcripts of his said notes, or any part thereof, in legible English, for the use of the state, when so directed by the judge of the court. ( R. S. 1899, sec. 10133.) Sec. 582. Disposition of stenographic notes. — All short-hand notes of exam- inations in criminal matters, other than regular trials thereof, shall be turned over at once by said reporter to tlie prosecuting officer of the court. But all other short-hand notes taken by said reporter shall be filed by him in the clerk's office of such court, and shall become part of the records of such court, and such re- porter shall transcribe, in legible English, any of such notes, or any part thereof, whenever required by the clerk so to do; and such clerk shall make out certified copies of such transcript or long-hand notes for any person, upon payment of the legal fees allowed by law for copies of records and papers, except that whenever said reporter shall be required to take notes before the grand jury, he shall be (o) This provision is sustained by the courts: but it does not apply to a garnish- ment case: Bank vs. Glaser. 40 Mo. App. 371. (/> ) |1.'putii-s iindcT analiigous law. see State ex rel. vs. Ford. 41 Mn. .App. 122. ART. 2. 1 STATIC LAWS SPKCIAI,1,Y APPLICABLK TO ST. LOUIS. 211 sworn to secrecy, and all such notes so taken shall also be turned over by said reporter to the prosecuting officer of said court: and proviiletl. that in cases of appeal and on motions for new trial, the transcript of the evidence shall be fur- nished to the defendant upon the order of the court without costs to said de- fendant when it shall appear to the satisfaction of the court that the defendant Is unable to pay the cost of such transcript for the purpose of making such ap- peal: and provided, further, that the stenographer shall be allowed for making such transcript the sum of fifteen cents i)er folio of 100 words for each transcript 80 furnished; and when the court shall be satisfied that the defendant is unable to pay for making such transcript the same shall be taxed as costs in the case against the state or county, as may be proper. (R. S. 1S99, sec. 10134, amended Arts 1907, p. 440: also 441— t;.) ?ec. 583. Ill case of absence of stenoi;rii|ilier, pr»K'eeclinfj;s. — In case of the temporary absence of such reporter, from any cause, the court may appoint a skillful short-hand reporter In his jilace. who shall take the same oath, and for the time being shall perform the same duties and labors and receive the same com- pensation, pro rata as the regular reporter. (R. S. 1S99. sec. 10135.) Sec. 5S4. Stenojirai'lier to be removed, when. — If said reporter shall fail to perform, in whole or in part, faithfully, the duties, obligations and labors enjoined upon him In this article, he shall be at once removed by the court, upon any appli- cation of any responsible person showing good cause therefor by competent evi- dence, and if said reporter shall be guilty of any willful or corrupt misconduct or neglect in the discharge of any of the duties, obligations or labors required to be by him iierformed by any of the provisions of this article, he shall be deemed guilty of a misdemeanor; and upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the city jail for a term of not exceeding one jear. (R. S. 1899, sec. 10136.) CHAPTER THIRTY-TWO. STRKKT GRADKS. ESTAHI-L'^UMIONT A.VU CH.-iiNGK OF • SertiiMi ,tS.">. Aiitliori/ed to establish and cliaiifje Krndes — preliiniiiar.v pro- re«-diiigs iuMTvsary — ri'iiionslranci- — h lien tiled — in cases where charter re(iuires the ri'i oinniendations of the board of pul)lic improvements. — Every city now hav- ing or which may at any time hereafter have a poitulation of three hundred thou- .sand inhabitants or over, shall have at all times the power to establish the grade and change the grade already established, of any street, alley, avenue, public highway or public place, or any part thereof, as often as it may be deemed best 'for the public interest, and to cause the same or any part thereof to be graded .to the established grade or to any change thereof: Provided, however, that when ;a change Is proposed to be made in the grade of any street, alley, avenue, public highway or public place, or any part thereof, which has once been established. the two houses of legislation of such city shall by resolution declare the work of ilmprovenient to be necessary, and cause such resolution, or the substance thereof, ;to be published in the newspaper doing the city printing, for ten days (Sundays llncluded): and unless the resident owners of the city who shall own the majority ,in front feet of all the lands belonging to such residents fronting on the street, alley, avenue, public highway, public place or part thereof to be improved, shall, ■within thirty days after the first day of the publication of such resolution, file I (» ) It Is for the Juilgi^ of thi> St. Louis Criminal Court to determine whether the brrielal •tenoKrnphiT shall attend, and his aotlon l.s not subject to review: State vs. 1. — ,. ,,n jif, ^on ^ defendant was entitled to have a transcript of the evidence I to him without rost: State i-x r"'l. Scales v. Zaehrltz. 145 Mo. 269: State ex rel. ■ Wofferd. 121 Mo. 61. Mandamus will lie to compel the Judge to order such ir.in^. ript: State ex rel. Scales v. Zaehrltz, 145 Mo. 269: State ex rel. Martin v. Wof- ferd. 121 Mo. 61. 1 •Charter Powers: See Charter Art. III. Sec. 26. clause 2: Art. VI. Sees. 1-27; Rules for damaRes rhaoKln^:: grade of streets see Chart. Art. VI. See. 19 and cases there eited n notes. Act of 1S91. p. i" (R. S. 1899. Sees. 6234-6236) enncernlnB the estahllslnnent ind. r«Kulatlon of boulevards, etc.. was held unconstitutional In St. Louis vs. Dorr. 145 A.r 44«. Th» set of March 14, 1893 (R. S. 1899. sec. 6237). requiring: the whole cost of Im- ■" * r streets, etc.. to be charged against adjoining property and said cost to be led and paid" as "now providt-d hy law or charter," etc., was held void as finn- M'irname vs. St. I^uis, 123 Mo. 479. new In mat revision. Kornierly proceedings for changing grades th-Tefor were governed by R. S. 1S99. sees. 6109-6114: It was ■ding the commissioner's report <'Ould not be approved In part as -s ;ia.l lict aside in part as to others, so as to constitute a final Judgment m1 not the otliers. and no appeal wo\ilil II. ■ under such conditions, as there ne final Judgment: .St. Louis vs. Nelson. 169 Mo. 461. Tlic t ay ran. (so under the former statutes) institute proceedings to assess dam- < and benefits for street grade changes without the consent of the owners of the 1 i,fr...i...i -i. Louis vs. Lang. 131 Mo. 412. 421. 212 STATE LAWS SPECIALLY APPLICABLE 1 ST. LOUIS. [CHAP. 32. with the city register their remonstrance against the proposed change, then the two houses of legislation ot such city shall have power by ordinance to cause the proposed change to be made: Provided, further, however, that when the charter of any such city shall require that such resolution or ordinance shall, before being passed, be recommended by a board of public improvements, or other authority of such city, then the same shall, before being passed, be recommended as therein required. If the remonstrance of the resident property owners above mentioned shall be tiled with the city register, as herein provided, the power of the two houses of legislation to make the proposed change in the grade of such street, alley, avenue, public highway or public place, or any part thereof, shall cease until a sufficient number of the persons so remonstrating or their grantees shall, in writ- ing, withdraw their names or the property represented by them from such remon- strance, so that said remonstrance shall cease to represent a majority of the resi- dent owners as above provided, when the two houses of legislation may again l)roceed in the manner above mentioned. (Laws 1899, p. 61, sec. 1. R. S. 1899 sec. 6238.) Sec. 5SG. Renniiicratioii or damages — property benefited. — When the prop- erty owners to be disturbed or damaged by the grading, regrading. or other change of any street, alley, avenue, public highway, i)ublic place, or any part thereof, are lawfully entitled to remuneration or damages under the constitution of the state of Missouri, and shall not have waived all right or claim thereto, the ordinance which shall order the grading or regrading of any such street, alley, avenue, pub- lic highway or public place, or any part thereof, shall also prescribe and determine the liinits within which private property is benefited by the proposed grading or regrading. (lb., p. 62, sec. 2. R. S. 1899, sec. 6239.) Sec. 587. Street coniiiiissioner to furnish maps of property benefited. — Within thirty days after the taking effect of the ordinance, the street commissioner shall furnish the mayor a map or plat containing a correct description of the sev- eral lots or parcels of private property in the benefit limits described in said ordi- nance, (lb., p. 62, sec. 3. R. S., sec. 6240.) Sec. 588. Proceedings determined by circuit court or .judge in vacation. — The proceedings hereinafter provided for shall be heard and determined by the circuit court of the county in which the city is located, or if it is not in session, by a judge thereof: and when they are had in vacation the same record thereof shall be made and kept as if such proceedings had been had in term time. (lb., sec. 4. R. S. 1899, sec. 6241.) Sec. 589. How proceedings may he begun and determined in circuit court to a.scertain damages or iienoflts dei'ived from proposed grading or regrading. — When the mayor shall file or cause to be filed a certified copy of said ordinance in the circuit court, or with the clerk thereof, such court or judge thereof shall fix a day and place for assessing the damages and benefits derived from the proposed grad- ing or regrading, and shall make an order reciting the title of the ordinance, and stating the general object and nature of the ordinance, and also stating the limits within which private property is benefited by the proposed grading or regrading as determined and prescribed by the ordinance, and said order shall be directed to all persons to whom it may concern, without naming them, notifying them of the day and place fixed for the ascertaining of damages and benefits to arise from said grading or regrading, and that unless they file their claim for damages as herein required they shall thereafter be precluded from making any claim on account thereof. A copy of such order shall be published in each issue of a newspaper at the time doing the city printing for ten days (Sundays included), the last insertion to be not more than one week prior to the day so fixed for said hearing. The court i or judge thereof may, at the time of making said order, further order that all or ' any portion ot the residents of the city owning or having an interest in real estate I fronting on the street, alley, avenue, luiblic highway, or public place, or any part thereof, proposed to be graded or regraded. or in the real estate within the limltB of the district prescribed by the ordinance within which private property is deemed benefited by the proposed grading or regrading, be served with a copy of said or- der, either by delivering to each of such owners a copy of the order, or leaving such copy at their usual place of abode with some member of their respective families over the age of fifteen years, and in the case of resident corporations by service of said order in like manner as with summons in ordinary civil causes. If service ot such notice cannot be made on any or all such parties as above described. within the city limits, when personal service is ordered by said court or judge, the returns on such notice shall so state. Thereupon an alias order specifying a differ- ent date may be made by said court, or judge thereof in vacation, if deemed advisa- ble, notifying such unserved parties of the facts, as in case of original notice above provided. Said cause may be continued or postponed from time to time. It shall not be required in any case to bring in any person other than the owners of the property, or cause those interested therein, who were such at the time of the CHAP. 32-33 1 STATE LAWS SPECIALFA- APPLICABLE TO ST. LOUIS. 213 taking effect of the ordinance providing for the improvement, and the parlies rlainiing or holding through or under such owners or parties Interested, or any of them, shall be bound by the proceedings as fully as if they were brought in: but any person having any interest in the real estate liable to be affected by said pro- ceedings may. upon application and entering his appearance, be made a party thereto; but no notice of said proceedings shall be necessary to the validity theixjof, except the publication of the order, as herein provided. Notice so given by publi- cation shall bo sufticient to authorize the court, or judge thereof in vacation, to hear and determine the cause, and to make any finding or order therein as though all the parties had been sued by their proper names, and had been personally served. Affidavit by the publisher, manager, or any person connected with the newspaper in which such order was published, accompanied with a copy of the notice, shall be evidence of the fact of publication of the notice or order as stated therein. On or before the day next before the day set for the hearing, or before the day to which said cause may have been postponed or continued, as designated in either of aforesaid notices, any person claiming damages by reason of the afore- said grading or regrading. may file or cause to be filed with the clerk of such court a description of the property claimed to be damaged and the interest of the claim- ant therein. The clerk shall note the filing of every such claim as a part of the record of said cause. If no claim be filed before the day set for the hearing of said cause, or the day to which said cause has beer, postponed or continvied, as above provided, the court, or judge in vacation, shall make an order finding that no such claim has been filed, and thereupon the grading or regrading may be done, and no claim for damages therefor shall thereafter be made or considered. The service of any notice or process required by this act or ordered by the court, or judge thereof in vacation, may be made by a policeman of the city, or by any constable or other officer authorized to serve or return notices, and any return of service by a policeman, constable or other officer shall be evidence of the fact therein stated. I (lb., p. 62. sec. 5. R. S. 1899. sec. 6242.) Sec. 590. Circuit court to retiiiu jurisdiction. — In case any person or persons shall file a claim or claims for damages as mentioned in the preceding section, the circuit court, or judge thereof in vacation, shall retain jurisdiction of the party and subject-matter, and proceed to cause the damages or compensation to be ascer- . tained in the manner provided by the charter of such cities, or any law affecting : the same. (lb., p. 64, sec. 6. R. S. 1899, sec. 6243.) CHAPTER THIRTY-THREE. STREET RAlLRO.\r>.=;.* Sec. 591. Street-car «"•«■». cities of 300,000 may regulate.— Any city having j a population of three hundred thousand or more shall have the exclusive right to I regulate the use of gates on street cars operated in said city, and shall have the : exclusive right to regulate passengers in getting on or off said street cars. (R. S. ; 1899. sec. 6250.) Sec. 592. As.sonilily no power to increase rates of fiire. — The city council I [muDlcipal assembly] of St. Louis shall have no power to Increase the rates of I fare on said roads, nor shall they have the right to divide or separate the lines of I Mid roads in such manner as will increase the fare. (Laws 1865, p. 303. sec. 5.) I Sec. 593. SiuKlo track road may lay double truck. — Any eompany now using a alngle track road, with turn-outs, upon any street or part of street, may change the same to a double track at any time; Droiidcd. they shall first obtain the con- Isent. In writing, of the owners of a majority in interest of the property fronting jon the street or part of street desired to be so changed. Hut this provision shall jnot apply to that part of Olive street between Fourth and Twelfth streets, unless jthe majority In interest of the street give their written consent that a double track may be constructed on said part of Olive street. (Laws 1859-1860. p. 517. sec. 4.) Sec. 594. Other power than horse power may be used. — Every street railroad Charter Provisions Art. X; Art. Ill, Sec. 26, clauses 5 and 11; and see notations i'ur ordlnnnrps concernlni? same see Rev. Code. sees. 1863-1903. and see notes to Rev. !••. Chap. 23. Art. VI; soo as to llconsinfr. R. C. »i-c. 2257 ric uij. " '" ■" ' " ' "-nt In the Miinlclpnl Code. paRCS 1B7-16S. (sees. 487-493) a nuinher f>' ! to as appMi-nhIc to the City of St. Lo\ils (R. S. 1899. Sees. .1438- "■• • ' lion shows that those statutes apply only to "cities of the first ' II. 1. 1", does not Include the City of St. Louis, which Is organized under a 'tullonal provision, anu has Its own special charter thereunder. These Most of * [Provisions herein referred to have become obsolete, or nro dis- placed by C'T 1 provisions and rhnrter provisions enacted thereunder; a num- ber of stattit- ...en do not apply -ipeclally to St. Louis, and are Kcnernl. but as a reference thereto may be of some value, most of them arc retained as heretofore in the ^un. Code, though not strictly appropriate to this revision. 214 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 33. company in any city of this state, which by its charter or articles of association is or may be only authorized to use horse power for its operation, is hereby em- powered to also use such other motive power for that purpose as it has been or may be permitted by the ordinances of such city. (Laws 1S87, p 108 R S 1899 sec. 1355.) Sec. 595. Time table to be posted in cars. — In order to insure regularity in the running of the cars of the several street railways in the city of St. Louis, each of said railway companies shall keep a time table conspicuously posted in each of its own cars, showing the time of starting each of its cars from each terminus of its road or route. (Laws 1S6S, p. 297.) Sec. 596. Tickets to be .sold. — The street railroad companies in the city of St. Louis shall keep on hand for sale and shall sell to any person passenger tickets, in packages of five for twenty-five cents, and in packages of twenty for one dollar, and also tickets for children under twelve (12) years old in packages of ten for twenty-five cents, and in packages of forty for one dollar: such tickets shall be kept for sale by the conductor of each car, and also at the offices of said com- panies during business hours. The holder of any ticket thus issued shall be en- titled for the same to one transportation over any one of the different lines of street railroads now in operation or hereafter established in the city of St Louis (Laws 1869, p. 207.) Sec. 5 9 7. Tickets to be redeemed and e.\changed. — The street railroad com- panies of St. Louis shall be bound to exchange with and redeem from each other the tickets issued by them respectively, and said street railroad company shall have the right to charge and collect a fare of seven cents from each passenger transported by them and not presenting a ticket as herein provided. The annual tax levied or assessed for state, county or city purposes upon street railway com- panies in the state of Missouri, shall be assessed upon the value of the property owned by each of said companies in the same manner and to the same extent as assessments are made on the property of individuals. (Laws 1869, p. 207.) Sec. 598. license to be paid. — In addition to the annual tax herein provided, each of said railway companies shall pay a license to the city of St. Louis to be fixed by ordinance of said city, not exceeding twenty-five dollars per annum for each car run by said companies respectively, and the taxes and license payable under the provisions of this act shall be in lieu of all taxes, burdens and expendi- tures and repairs of streets outside of their track required of such companies by former laws and ordinances. (Laws 1869, p. 207.) Sec. 599. Passengers forbidden to get on or oflf front platform while car in motion. — No passenger shall be permitted to get on or off any car by the front platform while the car is in motion, and each car shall be furnished with such adjustable gate or guard as shall effectively prevent it. (Laws 1865-66, p. 105.) Sec. 600. Fine imposed for not selling tickets. — In case any railroad com- pany, or any conductor thereof, shall neglect or refuse to sell such tickets to any person applying therefor as provided in this act, such company or conductor shall not be permitted to collect any fare whatever from such passenger, and the com- pany shall, on conviction of such neglect or refusal, be fined in a sum not exceed- ing fifty dollars for each offense, one-half of which is to go to the informer. ( Laws 1869, p. 207.) Sec, 601. Franchises confirmed. — The St. Louis Railroad Company, the Mis- souri Railroad Company, the People's Railway Company, and the Citizens' Railway Company, as heretofore organized under the "Act to authorize the formation of railroad associations, and to regulate the same." approved December 13. 1855. are hereby ratified and confirmed in their respective rights under said law; and the roads now built or commenced, and the gauge of track established by said com- panies, are sanctioned, and said gauge of tour feet ten inches is hereby recognized as the legal gauge of all other street railroads that may be built in the city and county of St. Louis; said companies shall conform to and be governed by said law concerning railroad associations, except as follows: first, said companies shall not be required to carry freight; second, the report made to the city comptroller shall be in lieu of the annual report required to be made to the secretary of state by the law under which said company was organized. (Laws 1859-1860, p. 516.) Sec. 602. Limitation of rights. — The rights confirmed to said companies shall not extend to or authorize the building by them of any road or roads on Clark avenue, Chestnut street, Pine street. Locust street, or Washington avenue, which streets are hereby reserved from such use. and all railroad tracks are forever prohibited on the streets named in this section; and. in lieu of the track on Pine street, the Missouri Railroad Company may run the cars of their road, on Eleventh and Ben- ton streets, over the Olive street road; and the C'tizons' Railway Company rnay run the cars of their roads, heretofore authorized by the council, in connection with 'W'ashington avenue, over their Morgan street road; and said companies may each construct two additional switches, and a side track not exceeding one hundred t'HM'. 831 STATK LAWS SPECIALLY AI'PLICABLK TO ST. LOIMS. -Jly and seventy feet in length, to enable the cars to run on Olive and Morgan streets; the switches on Morgan street may be east of the double track contemplated to be built, (Laws 18r>y-lSG0, p. 516.) Sec. 603. St. Louis Knilroad authorized to e.xtcnd road. — The St. Louis Rail- road Company may extend their road north from Salisbury street, along IJroadway and Hellefontalne road, to the city limits; and may further extend the same lo the Bellefontaine cemetery and the Calvary cemetery, and south from Gate street, along the Carondelet road, to the city limits; and may further extend said road, through the St. Louis commons, to or through the city of Carondelet; provided, that before such extension is made through any road or avenue outside the city, the consent of the board of county commissioners shall be obtained, and the con- sent of the city council of Carondelet shall be obtained before running through any street of that city. (Laws 1 S.'.;i-1 SCO. p. .'ilT.) Sec. 604. .St. Louis Itailroad aiilhori/.ed to build branch. The St. Louis Railroad Company may build a branch road to the fair grounds, along Bremen avenue and other connecting streets, or by such other route as they may select, by the consent of the common council [niunicii)al assembly], after first obtaining the consent of a majority in interest of the property holders on the route selected; and the Mi.-isouri Railroad Company may build a branch road from their terminus on Benton str'eet. at Lighteenth street, to the fair grounds, by such route as they may select; provided, they first obtain the written consent of the majority in interest of the property holders on the route selected; and the Peoples' Railway Company may extend their road from St. Ange avenue, along Chouteau avenue, to the j)oint where the Pacific Railroad crosses said Chouteau avenue; provided, the same is constructed before the first day of February, 1866; and the Missouri Railroad Company may extend their road, from the junction of Olive street and Grand ave- nue, to the King's highway, with the consent of the property owners where the road runs. (Laws 1S59-1S60. p. 517.) Sec. 605. (iravois Railroad autliori/ed to build. — The Gravois Railroad Com- pany, as authorized by the common council [municipal assembly] of St. Louis, may construct their road; provided, they shall commence the construction of the same within six months, and finish the same within two years, after Eighth and Ninth streets shall be fully opened, graded and improved, as far south as Park avenue; and. provided further, that said company may connect their road from the termination of Decatur street, eastwardly, along Park avenue to Eighth street; and thence north- wardly, along Eighth street, to the line authorized by said common council [municii)al aasenibly). unless the said company shall fail to make a satisfactory agreement with the Pacific Railroad Company as to the crossing of their track on Eighth street; then, In that event, sjiid ccmi>any may turn their track westwardly from Eighth street, along (Gratiot street, to Ninth street; thence along Ninth to Chestnut street; and theme along Chestnut to Fifth street; and, provided further, that said company shall I not be required to construct a branch on .Arsenal street, and shall not be permitted to I lay their track on Chestnut street east of the eastern line of Fifth street. (Laws I I860-1S61. p. 44:!.) Sec. 606. Conditions of privilege. — The privilege herein granted of con- I structlng said road on Chestnut street, between Nintn and Fifth streets, shall be con- ' ttnucd on the consent of a majority of the owners of real estate on that portion of the road; and the evidence of such consent, on the i)art of such owners, shall first be ! filed in the office of the city register, and shall have attached thereto the certificate of 1 the city engineer that the persons named constitute or rei)resent a majority of the owners of real estate fronting on Chestnut street, between Ninth and Fifth; provided. however, that no coal or other freight shall be carried on said road northwardly be- I jrond the line of Cerre street, nor l)etween the hours of sunrise and sunset in the day- jtime. (Laws l.sGO-61. p. 444.) I Sec. 607. i'itiwiis" Ilnilroad not to lay doul>lc track, etc. — Nothing in this act shall be construed as authorizing the Citizens' Railway Com|)any to construct a double-track road on Franklin avenue, without the written consent of a majority in in- Iterest fronting that portion of the sneet whcrn such double track may run. (Laws |186»-6(). p. 518.) I Sec. 608. .Missouri Kailmad autbi>ri/cd to lay track. — The Missouri Railroad iCompany are hereby authorized to lay a railroad track in the city of St. Louis, along jSlith street, from Market to Chestnut street; thence westwardly. along Chestnut wireet. to Nineteenth street, thence southwardly, along Nineteenth street, to Market istreet; thence westwardly. along Market street, to .\dolph street; thence south- wardly, along Adolph street, to Clark avenue; thence westwardly. along Clark ave- nue, to Summit avenue; thence northwardly, along Summit avenue, to Market street, or to MancUfster road; thence eastwardly. along said road, to connect with the track now laid along said road. (Laws 1863. p. lOS. ) Sec. 609. Like provisions ns to snme railroad. — Until such time as Chestnut (treet shall be graded and macadamized from Eighteenth to Nineteenth streets, the 210 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 3.1. said railroad company is auttiorized to lay a track along Eighteenth street, from Chestnut street, to connect with the track now, or to be, laid on Market street. The track in Adolph street, Clark avenue. Summit avenue and Market street road, shall be laid within six months after the same shall be graded and macadamized. The said company is hereby authorized to lay a track connecting with track now laid on Mar- ket and Olive street along any street west of Eighteenth street. (Laws 1803, p. 108.) Sec. filO. Proviso^iinposiiig conditions on sanje road. — The foregoing au- thority [two preceding sections] is granted to said company; provided, it relinquishes the right to lay a double track along Market street, granted by an act of the General Assembly of the State of Missouri, approved January 16, ISCO; and provided further, that the said company shall take up the switches now laid in Market street, as soon as the tracks herein authorized to be laid shall have been made available for use (Laws 1863, p. 108.) Sec. 611. Act amendatory of certain acts. — This act shall be an amendment to each of the several acts incorporating the street railway companies In the city of St. Louis now in operation and carrying passengers in said city, upon tlieir filing a writen acceptance of the provisions of this act in the office of the secretary of state, (i^aws 1809, p. 218.) Sec. 012. Reference to certain ciiarters. — For charters of further companies, see "An act to incorporate the Laclede Railroad Company;" "An act to establish the Lindell Railway Company;" "An act to incorporate the Bellefontaine Railway Company of St. Louis;" "An act to consolidate certain roads;" "An act to incorporate the Tower Grove and Lafayette Railroad Company of St. Louis;" "An act to amend an act entitled 'an act incorporating the Tower Grove and Lafayette Railroad Company of St. Louis,' approved February 15, 1864;" and "An act to incorporate the Bremen and Cemetery Railroad Company." Sec. 613. May lay tracks when consent of city lias already been given. — All existing street railroad conii>anies, organized under the laws of this state, which have acquired the consent of the municipal authorities oi any city, town or village to the use and occupancy by a defined route of any of the streets of such city, town or village, for street railroad purposes, are hereby authorized and empowered to lay their track or tracks, and operate their cars thereon, or operate their roads already constructed on the street or streets, for the full time (of) such consent has already been given, notwithstanding such road or roads may be nearer to a parallel road than the third parallel street from any road now constructed. (Laws 1881, page 84; R. S. 1899, sec. 1175.) Sec. 014. May construct road, when consent of city has already been given. — All existing street railroad companies organized under the laws of this state, and all railroad companies authorized to propel their cars, in whole or in part, by means of a cable under the surface of the street, which have acquired the consent of the municiija! authorities of any city, town or village to the use and occupancy by a defined route of any of the streets of such city, town or village for street rail- road purposes, are hereby authorized and empowered to construct their road-beds, including conduit for cable, and lay their track or tracks, and operate their cars thereon for the full time for which such consent has already been given, notwith- standing such roau or roads may be nearer to a parallel road than the third parallel street from any road now constructed. (Laws 1885. p. 94; R. S. 1899, sec. 1170.) Sec. 615. Section repealed. — Section 3 of an act entitled "An act concerning street railroads in the city of St. Louis," approved January 16, 1860, in so far as the same is inconsistent with or repugnant to the provisions of this chapter, is hereby repealed. (Laws 1885, p. 94; R. S. 1899. sec. 1177.) Sec. 610. Roads may be used to carry mails. — Street railroad companies are hereby authorized, for such compensation as may be agreed upon, to permit their roads to be used for carrying and distrilniting United States mail along the routes of such roads, and to furnish proper facilities therefor: Provided, however, that such use shall not impede or delay the transportation of passengers over such roads. (Laws 1891, p. 97; R. S. 1899, sec. 1178.) Sec. 617. Street railroads operating cars by electricity or overhead wires — guard wires and fenders. — All street railway companies or corporations operating cars by electricity, or by overhead wires, shall construct and maintain its wires at a height of not less than twenty-two feet above the top of the rail of the railroad trad; crossed iiy such street railway company, and tue wires of such street railway company shall be guarded, or provided with fenders or guard wires, so as to prevent the same from coming in contact with the cars, tr.ack or telegraph line along the track of such railroail company. (Laws 1899. p. 374; R. S. 1899, sec. 1179.) Sec. 01 S. Knt.v of street railway companies where tracks cross railroad tracks. — It shall be the duty of every street railway company or corporation operatinii: a CHAP. 33. 1 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 217 Street railway across the tracks of a railroad company to bring Us cars to a full stop at least ten and not more than twenty feet before reachlnt; the tracks of the railroad company. And ii shall be the duty of the conductor, or some other employe of the street railway company, to go forward to the tracks of such railroad com- pany for the purpose of ascertaining whether a train is approaching such crossing. (Laws 1895. p. 123: K. S. 1S99. sec. llSd— r. ) Sec. 619. .^lay construct iiiid opcrali' .strccl riiiluay.s over bridges coniicct4nK any city in Ibis state with any city of lui adjoining slate. — Any company owning, leasing, operating or controlling a bridge connecting any city, town or village in this state, with any city, town or village of any adjoining state, may lease, own. construct and operate a street railway over such bridge and in such cities, town or villages and counties In which same may be situated, and in adjoining counties, and may also acquire and bold stock and guarantee bonds of any company operating sucli street railway or railways. (Laws 1S97. p. 9S; R. S. 1899. sec. 1181.) Sec. (320. Sales of ruihvny eqiiipiuent and ■'ullin)<; stock— conditional .stock. — In any contract for the sale of railroad or street railway equipment, or rolling stock, it shall be lawful to agree that the title to the property sold, or contracted to be sold, although possession thereof may be delivered immediately, or at any time or times subsequently, shall not vest in the purchaser until the purchase price shall be fully paid, or that the seller shall have and retain a lien thereon for the unpaid purchase money: and in any contract for the leasing or hiring of such property, it shall be lawful to stipulate for a conditional sale thereof at the termina- tion of such contract, and that the rentals or amounts to be received under such contract may. as paid, be aiiplied and treated as purchase money, and that the title to the property shall not vest in the lessee or bailee until the purchase price shall have been paid In full, and until the terms of the contract shall have been fully performed, notwitnstanding delivery to and possession by such lessee or bailee: Provitleil. that no such contract shall be valid as against any subsequent judgment creditor, or any subsequent bona fide purchaser for value and without notice, unless: First. The same shall be evidenced by an instrujnent executed by the parties, and duly acknowledged by the vendee or lessee or bailee, as the case may be. or duly approved before some person authorized by law to take acknowledgment of deeds. and in the same manner as deeds are acknowledged or proved: Second. Such instrument shall be filed for record in the office of the secretary of state; Third. Each locomotive engine or car so sold, leased or hired, or contracted to be sold, leased or hired, as aforesaid, shall have the name of the vendor, lessor or bailor plainly marked on each side thereof, followed by the word "owner," or "lessor," or "bailor," as the case may be. which mark or marks shall be effaced Immediately upon the payment or satisfaction of the indebtedness or Incumbrance thereon: and every corporation, person or persons, which shall fail, neglect or refuse to comply with this provision, shall forfeit and pay for such failure, neglect or refusal the sum of five dollars for every day the same shall be continued, for each piece of property so marked, to be sued for and recovered in the name of the people of the state, by the attorney-general, in any court of cognizance thereof, to be paid Into the state treasury in the same manner as fees hereinafter provided by this act. (Laws 1899, p. 374: R. S. 1899, sec. 1182.) Sec. 621. Conditional coiitriict.s of sale or lease to be recorded. — The contracts herein authorized shall be recorded by the secretary of state In a book of records to be kept for that purpose. And on payment in full of the purchase money, and the performance of the terms and conditions stipulated in any such contract, a declaration In writing to that effect may be made by the vendor, lessor or bailor, or his or its assignee, which declaration may be made on the margin of the record of the contract, duly attested, or it may be made by a separate instrument, to be acknowledged by the vendor, lessor or bailor, or his or its assignee, and recorded aa aforesaid. And for such services the secretary of state shall be entitled to a fee of twenty-five dollars, and one dollar In addition for every hundred words in excess of one thousand words, for recording each of said contracts and each of said declara- tions. And a fee of ten dollars for noting such declaration on the margin of the record; and all such fees shall be paid by him into the state treasury and added to the "seminary fund," in accordance with the provisions of section eight thousand and eight hundred and twenty (8820) of the Revised Statutes of 1889. (Laws 1S99, p. 374; R. S. 1S99, sec. \\fi?,.) Sec. 622. .\ct not to invalidate ovisting contracts. — This article shall not be held to invalidate, or affect in any way. any contract heretofore made of the kind referred to In the first section hereof, and any such contract heretofore made may, upon compliance with the provisions of ibi.s act be rerordpd a.i herein provided. (Laws 1899. p. 374: R. S. 1899. sec. 118) (r) S<>e similar ordinance provision. Rev. Code sec. 186$. 218 STATE LAWS SPECIALLY APPLICABLE TO ST, LOCIS. LCHAP. 33. Sec. 623. Sections 517«, 5180 and 5181, R. S. 1889, not to apply to such contract. — Sections 517S, 51S0 and olSl of the Revised Statutes of Missouri shall not be held to apply to contracts of the kind referred to in section 1 of this act (Laws 1895, p. 11/; K. S. 1899, sec. 1185.) Sec. 62 4. Kequirenients for incorporating sti-cct railway companies. — Any jumber of persons not less than five, may form a company for the purpose of con- structing, maintaining and operating a street railroad for public use in the con- veyance of persons, mail and express parcels; and for that purpose may make and sign articles of association in which shall be stated the name of the company, the number of years the same is to continue, the city and county in which the road is to be constructed or maintained and operated, the amount of the capital stock, common and preferred, of the company, and the number of shares of which said capital stock shall consist, and the names and places of residence of the directors, not less than five nor more than thirteen in number, who shall manage its affairs for the first year and until others are chosen in their places. Each sub- scriber to such articles of association shall subscribe thereto his name, place of resi- dence and the number of shares of stock he agrees to take in said company. When one-half of the capital stock shall have been subscribed and ten per cent, thereon paid in good faith to the directors named in said articles of association, and an affidavit annexed thereto, made by at least three of the directors named therein, that one-half of the stock of the said proposed corporation has been in good faith subscribed, and ten per cent, of the amount so subscribed has been paid, and that it is intended in good faith to construct or maintain and operate the road mentioned in such articles of association, the said articles of association shall be filed and recorded in the office of the secretary of state, and thereupon the said association shall by the name mentioned in the said articles of association become a body politic and corporate with the powers, rights and franchises hereinafter specified: Provided, the said articles of association shall not be filed and recorded until such association or corporation shall pay into the state treasury fifty dollars for the first fifty thousand dollars or less of the capital stock of the corporation, and a further sum of five dollars for every additional ten thousand dollars of its capital stock. (Laws 1899, p. 374; R. S. 1899, sec. 11S6.) Sec. 62 5. Powers of corporation. — Every corporation formed under the pro- visions of this act shall have power: First, to construct or maintain and operate its railroad along, across or over the streets of any incorporated city or town or the roads of any county: Provided, the consent thereto of the municipal authorities of such city or tow-n or the county court of such county is first obtained: Provided, municipal authorities of cities or towns shall not grant the right of way over, along or across any street, except upon the petition of the owners of the land representing more than one-half the frontage of the street or so much thereof as is sought to be used for street car purposes, and when the street or parts thereof that is sought to be used shall be more than one mile in extent, no petition of land owners shall be valid unless the same shall be signed by the owners of the land representing more than one-half the frontage of each mile, and of the fraction of the mile, if any, in excess of the whole mile, measuring from the initial point named in such petition [of], such street or parts thereof sought to be used for such purposes. Second, to operate its road by animal, cable, electric or other motive power, as the consent of the use of w-hieh said power may be obtained from the public authori- ties of such city, town or county. Third, to receive and collect such fares for the transportation of persons, ex- press and mails as may be provided in the said consent of said public authorities of such city, town or county, given as aforesaid. Fourth, to acquire by grant a right of way not to exceed fifty feet in width over private property, and to construct or maintain and operate its road thereon. Fifth, to purchase and acquire depots, power-house sites or terminals. Sixth, to issue bonds payable in such amount and at such times and places as it deems best, and may dispose of the same for the purposes of its incorporation, and, to secure payment of the same, may mortgage its property, real and personal, and also the franchises of the company. Seventh, to purchase, lease or acquire by other lawful contract, which shall include the right to purchase the capital stock and bonds of other street railroad companies, and to hold and dispose of the same, and to hold, use and operate any street railroad or roads, with all and singular its or their franchises and properties of every descri])tion belonging to any other street railroad corporation or corpora- tions: Provided, that such purchase, lease or other contract be authorized or ap- proved by the vote of the holders of two-thirds in amount of the capital stock of the company so purchasing, leasing or otherwise contracting therefor at a meeting called for that puri)ose upon twenty days' notice, published in some newspaper of the city or county where the general office of such street railroad company may he CMAI'. 33A.] STATK LAWS SPECIALLY APPLICABLR TO ST. LOULS. 219 located, or by written notice mailed to the last known address of eacli registered stockholder twenty days before such meeting: and iirovided further, such roads connect with or intersect each other, so as to allow a single passage one way over each road for a single fare. Kighth. to sell, lease or dispose of by any other lawful contract, to any other street railroad company, its railroad rights, franchises, including the right to be a corporation, and all and singular its other properties of every character and descrip- tion; I'rovided, that such sale, lease or other contract, disposing of its railroad, franchises and other properties, shall be first authorized or approved by the vote of two-thirds In amount of the holders of its capital stock at a regular or called meeting of its stockholders convened pursuant to such notice as is required in the next preceding clause. Ninth, to have and enjoy all such other powers and franchises as are usually bad. enjoyed and exercised by street railroad companies, in addition to the powers hereinbefore enumerated. (Laws 1S!H>. p. :!7-l; R. S. 1S99. sec. 11S7 — s.) Sec. 62 1). Street railway companies required to accept provisions of tlii-s act. — Any street railroad company heretofore organized under any general or special law of this state, may have and enjoy all the benefits, powers and i)rivileges of this act by filing in the office of the secretary of state a resolution of its board of directors accepting the provisions of this act, and paying into the state treasury the same fees as provided in section 1" \ W^i}] of this act. ( I,a\vs 1S99. p. MT I ; R. S. 1,S99, sec. 1188.) Sec. 627. Iiicrca.se of capital slock and liontlcd indebtedness provided for. — Any company formed under this act or accepting the provisions thereof, may increase Its capital stock or bonded indebtedness from time to time by the authority of the vote of a majority of the stockholders of such company at a regular annual election for the directors thereof, or at a special meeting of the stockholders of said company edited to consider the same, upon sixty days' |)ublic notice. (Laws 1899, p. 374; R. S. 1S99. sec. 11.S9. » Sec. 62 S. I'refcrrt'd stock authorized. — .-\ny railroad company organized under the provisions of this act. or accepting the provisions thereof, may issue preferred stock for such amount and upon such terms and conditions as the board of directors may prescribe, by and with the consent of the shareholders of such company ex- pressed at a regular or special meeting of such stockholders called upon twenty days' published notice or twenty ilays' written notice to each registered stockholder addressed to hini at his last known address. (Laws 1899. p. S7t; R. S. 1899, sec. 1190.) Sec. 629. Sj'ctioiis 82»8, H2»!>, 8;H«» and H:{(>1, K. S. I«8», not repealed. — Nothing In this act shall be construed as repealing sections 8298. S299, 8300, 8301, of the Revised Statutes of 1889, and an act entitled "An act concerning street railroads In the city of St. Louis," approved January IG. 1860. (Laws 1899, j). 374.) Sec. 630. Knicrijency clause. — The fact that the law in reference to street railroads Is imperfect, and that a necessity for a full and complete law relating thereto exists creates an emergency within the meaning of the constitution why this act shoulil lake effect at once; therefore, this act shall take effect and be in force from and after Its passaire (Laws 1899. p. 374 — t.) CH.APTBR THIRTY-THREE A. SfBWAYS.* Sec. 630a. Sul)\vays owned by cities. — All cities in this state having one hundred thousand inhabitants or over are hereby authorized and empowered to build or to acquire, by purchase or otherwise, within their respective corporate limits, a subway or subways, to be exclusively owned by such cities, with such suitable approaches, connections, loops, turn-outs, sidings, stations, exits, entrances and other appurtenances, and land, right of way and easements and estates and rights In lands, including the right to go on. under or above the surface, as may be necessary or expedient for the construction and efficient use of such subway or subways for the transportation of persons, baggage, express and freight, and for cars, other means of transportation, i)ipes. wires and cables used for public service purposes. (Laws 19ii7, p. 117, sec. 1.) Sec. 630b. Powers of city — liiiiiliuioii of powers. — All such cities may oper- ate or may lease such subway or subways, or parts thereof, on terms to be fixed *Thla art l.i not technically applicable specially to St. Louis, but practically I.h so, and bencv It has tx-en Inserted. <<) Con.iolMnd^n am<-n(lmpnt referred to In Tanner vs. LIndell Ry. Co.. IRO Mo. 1. This section Is 111 -il In oonn-Ttlon with the relotlons hetwenn the t^nlted Rys. I Co. and the st I nH Co.. In tii-- r>Tent ca.se of Moor.oliend v.i. I'nlted Hy«. Co.. I >l» Mo App 311 which wn.i '. 190T (n"t r- ["'rlcd at this writing). (/I .See Moorshead v!!. fnlled ftys. Co.. 119 Mo. App. 541, 567 (ccrtlfled to Supreme I Court an, I „ffir..,..,| In Feb. 1907). 220 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 34. by said cities. Such cities may contract for the purchase or construction of such subway or subways, and for lease of same, and may grant rights therein, or in any part thereof, upon such terms as they may deem best, for cars, other means of transportation, pipes, wires and cables used for public service purposes. But no such lease or grant shall be made for a longer period than fifty years. And such cities may regulate the use of such subway or subways, and of the construction and operation of cars, other means of transportation, pipes, wires and cablea used therein: Provided, that such city shall not lease, grant or let such street rail- road, street railroad system, subway or subways, or any part thereof, or rights therein, for any purpose whatever, without the assent of a majority of the qualified voters of such city voting for or against such lease, grant or letting at an election held for that purpose. (lb., sec. 2.) Sec. 630c. Bonds. — Any such city may issue and sell, at not less than par. its bonds, payable out of the revenue or income from such subway or subways (lb., sec. 3.) ■ , CHAPTER THIRTY-FOUR. TOSACCO, petroleum AND BEER INSPECTION. Art. 1. Petroleum inspection. Art. 2. Tobacco inspection. Art. 3. Beer and grain inspection. ARTICLE I. INSPECTION OP PETROLEUM.* Sec. 631. Compensation, etc. — Each inspector shall demand, collect and receive from the owner or person calling upon him to inspect, or for whom he shall make any inspection, fees at the following rates for inspecting or test- ing, gauging and branding said oils or fluids under this article, to wit: For each barrel or larger package the sum of twelve cents; for each small package the sum of six cents; and when an inspection in bulk is made, in the manner pro- vided in section 75S6, the sum of twelve cents for each barrel or other package filled, gauged and branded according to the provisions of said section; Provided, that all cities in the state, which may now have or may hereafter have a popu- lation of three hundred thousand inhabitants or more, the said inspector of oils and petroleum shall have and retain seven thous.and dollars out of the said fees collected for inspections as herein stated and required of him. as and for his full compensation, fees and salary, and out of which he shall pay all clerical hire and other employes and all expenses of whatever character in the management and conduct of the business of his office; and the balance of said fees so collected over and above the said sum of seven thousand dollars, he shall pay over to the treasurer of the state of Missouri, to be placed to the credit of the general revenue fund of the state. Said inspector shall at the time of said payments to the treas\irer, take a receipt and duplicate receipt therefor. The original he shall file with the state auditor and the duplicate he shall file in his own office and keep as a part of the records thereof. Said payments shall be made to the treas- urer on the second Monday in .January and July of each and every year, and said inspectors shall on said dates file a full, true, complete and sworn statement with the auditor of the state of all oils inspected during the six months preceding and since his last statement and settlement, also containing the names of the per- sons, firms or corporations for whom inspections were made and number of gallons of oils inspected, barrels gauged and branded. (R. S. 1S99, sec. 7593 — -u.) ARTICLE II. INSPECTION OF TOBACCO. Sec. 63 2. Inspection of tobacco — term of office, and qualifications of in- spector. — There is hereby established in the city of St. Louis. Missouri, a tobacco inspection. The governor shall appoint in the City of St. Louis an Inspector •The inspection of Petroleum in general is covered Ijy Rev. St. 1S99. sees. 75S2-7597, applying to St. Louis. Hannibal. St. Joseph. Kansas City and such otlier towns as may petition the Governor therefor. The only section peculiarly applicable to St. Louis is the one relating to compensation, which is herein set out. («) This statute was upheld as constitutional in State ex rel. vs. Speed. 183 Mo. 186. It was also there held that the ?7.000 provision means annually, not semi-annually. The inspector has no authority to inspect oils outside the limits of the city: State ex rel vs. White. 75 Mo. 465. 468. Term of office: State ex rel vs. Stone- street. 99 Mo. 361. Duties of Inspectors, rules of inspection: .See State ex rel vs. Bag- gott. 96 Mo. 63; Priest vs. Tank Co.. 51 Mo. App. 205; State vs. Parsons, 12 Mo. App. 205, Liability on Bond: Co. Court vs. Fossett, 65 Mo. 418. ART. 1-2.] STATE LAWS SPECIALLY APPLICABLIO TO ST. LOUIS. 221 of tobacco, who shall huUl his office for two years; said inspector shall be a discreet, suitable person, and shall not be interested in any of the tobacco ware- houses selling leaf tobacco in the city of St. Louis as a stockholder or otherwise than as tobacco Inspector. (K. S. 1S99, sec. 759S.) Sec. t>33. Duties of iiLviiector. — No inspector shall either buy or sell any tobacco, e.xcept of his own raising, but shall auctioneer and cry oft all inspected leaf tobacco, for the owner or agent, sold at the warehouse. (R. S. 1899, sec. 7599). Sec. 03 4. His bond. — The inspector shall, before he enters upon the duties of his office, enter into bond to the city of St. Louis, to be approved by the mayor of said city, with sufficient security, in a sum not less than ten thousand dollars, conditioned for the faithful performance of his duties according to law. which bond shall be recorded in the office of the city register and filed in the office of the secretary of state, and a certified copy thereof shall be evidence. fi. liiuiit of warehou.se fees. — The warehouse fees shall not exceed three dollars for each hogshead Including inspection fee at anv one offer. ( R. S. 1899, eec. 7622.) ARTICLE III. BKER ANT> CliAl.V INSPECTION.' CHAPTER THIRTY-FIVE. WORLD'S FAIR ANTi CENTKNNIAL KXPOSITION.'* Section (•,.■.7. [Laws 1899. pp. 130-131 ( R. S. 1899, sees. 1 .")23-15,'!,') ) , being 'an act authorizing the incorporation of organizations designed for the purpose of holding world's fairs and centennial expositions, and defining the powers and duties of such corporations. Laws 1903, p. 138, exempting such companies from taxation and payment of certain fees, etc. .\s to appropriations for the Fair see Laws 1901, p. 39, Laws 1903, p. 47. lb., p. 196.]** •The provisions of tlie law relating to grain Inspection are Rev. St. 1899, m»r». 7623-7681. Inclusive, and those relating to beer Inspection Rev. St. 1899, sees. 7682- "•97. Inclusive. They are botn of a general nature and hence not "specially applicable" I to Si. Louis and are therefore not herein set out. The beer Inspection law was sus- , talnpd as constitutional: State vs. BLxman. 162 Mo. 1: Pabst Brew. Co. vs. Crenshaw, 1 IM V. S. 17. ' ••It Is thought that a reference to these acts may not bo out of ■ place, since the Fair was held In St. Louis and hence peculiarly applicable here In ef- I f»ct. although, as the law Is one general In Its terms, and not technically applicable to St. I..OUIS alone, and as the fair of 1904 was temporary, and has passed into history, the provisions of the acts are merely referred to as a matter of convenience, and Its lengthy provisions are not set forth vrrbatim In this revision. At the election of Nov. ' S. 1900. the constitutional amendment was adopted authorizing the city to lssuulltllngs). No. 21479 (closing certain streets during I the falrl. No. 20654 and 20669 (library and museum in Forest Park), No. 2L')18 (police court In Forest Park, see note to Rev. Code. sec. 1263). No. 21353 (engine house In I Forest Park): i»o. 21523 (water rates; see note to sec. 2488 of Rev. Code). INDEX. I NDEX -TO State Laws Specially Applicable to St, Louis^ ABATEMENT — See Smote Abatemrnt. ABSTRACTS OF JUDGMENTS — See Circuit Court. ACCOUNT BOOKS — I'lork of Justice court to keep, constable to keep cortain not to run at large til h.* arrested when ;•• -iTiK of stray ■ if. how conducted ■ r. whrn rlnlmed to In case of. Page. 116 116 Sec. 192 193 81 S4 121 10 15 227 78,79 78 1-2 79 3 ACTIONS — on bond of constable or marshal In case of strays on Indemnifying: bonds damaKc suits against city 121 227 note a ADVERTISEMENTS — l-irni letting: I. IV applies only to legal proceedings.. 78 ... note I ' ish>d by mutual consent In other ii'-w.spupfrs valid AFFIDAVIT— properly lodged with assistant prose- cuting attorney 86 30 noted AMKNDMKNT OF PLEADINGS. PRO- CESS. ETC.— In court of criminal correction general sessions ANIMALS — See Parks. 101 121 104 139 1 79 4 79 4 79 4 SO 5 80 « 80 7 80 I 80 7 SO S 80 9 SO 9 81 10 81 10 81 11 I under six months liuw disposed of irshal falling to per- da of sale ■ e of public schools vUayii fruiii ttdjuliilng county APPEAL— from nnal order of Juvenile Court 121 221 M'PKAI^ AND WRITS OF ERROR— frnm Judgments in Court of Criminal Correction lOl 127 226 INDEX TO STATE LAWS FOR ST. LOUIS. APPEALS FROM CIRCUIT COURT— Page. Sec. in application to have name put on reg- istration lists 133 267 APPEALS FROM JUSTICE COURT— in criminal cases 99 115 APPEALS FROM POLICE COURT— to be taken to Court of Criminal Cor- rection 103 137 APPRAISEMENT— in suit for specific property S5 25 ARREST FOR FELONY— chief of police to report, to circuit at- torney 105 139m ARREST OF CHILDREN — police to notif.v probation officer of. . . 120 215 ART MUSEUM — See Index to Revised Code. annual tax for. may be levied, wlien.. 81 lia amount of tax 81 11a tax shall cease, when 81 11a tax has been voted in St. Louis for 1907 81 ... note definition — requirements 82 lib to be open as a usual custom on holi- days 82 lib admission fees, for what use collected. 82 lib appointment of board of control 82 lie to consist of 9 members appointed by • ma.vor 82 lie * term of office — removal 82 lid by-laws — powers of board — finances... 82 lie board may appoint director and assi.^t- ants 82 lie donations and bequests — title. how vested S3 lie act takes effect under emergency clause of constitution S3 llj how far free to public — further powers of board 82 llf report of board 83 llg when to be made and to show what... S3 llg what ordinances city may enact S3 llh ASS. — See Animals. ASSEMBLY — See Munuipal Assembly. ASSESSMENT OP PROPERTY — plats and change of assessment collector and his dut.v powers and duties of City Council as to ASSISTANT CIRCUIT ATTORNEY — duties of to devote entire time to duties emplo^'ment by others forbidden, when fees other than salary forbidden violation of law forfeits office penalty for same — bribery deemed guilty of bribery, when may be suspended upon indictment.... governor may appoint successor restoration to oftice prosecution of in- dictment in St. Louis five — how appointed — pow- ers and duties tenure of office — removal to attend grand jury, when salaries authority of circuit attorney may appoint addition- al, and deputy duties of — removal salary circuit attorney may appoint additional duty of — removal salary of additional additional may be appointed 1.V4 46S note n 1S4 4fi9 1S5 4 TO note p 86 29 87 39 87 40 87 41 87 42 87 43 87 43 87 44 87 44 88 45 88 46 88 48 SS 49 88 .^)0 88 46 note j. S9 54a 89 54b 89 54o 89 54a 89 54b 89 54c S9 54a _-ii Page. Si 9 89 Si'c. 54b 54c 93 83 96 96 95 95 96 95 104 105 125 125 139f 139 1 242 243 86 30 86 31 86 32 86 30 note d 87 33 87 39 87 40 87 41 87 42 87 43 87 43 87 44 87 44 88 45 97 104 98 109 00 119 I.NDK.X TO STATK LAWS FOU ST. LOUIS. '££1 duty — removal salary to pt-rforni tlutii'S In Circuit Court for Criminal Causes to nianaK*' and conduct criminal causes In Clriiilt Court comprnsatlon thert-for to nianuKi' and conduct criminal causes In Circuit Court to conduct causes In Court of General Sessions duties In Court of General Sessions... flection conti'St for proceedings, how conducted ASSISTANT PROSECUTING ATTOR- NKY— election — term^-qualKU-atlons — duties. . • compensation ". KOV*'rnor to commission Information properly lodged with.... vacancy, how tilled to ilevote entire time to duties employment by others forbidden, when fees other than salary forbidden violation of law forfeits office penalt.v for same — bribery deemed guilty of bribery, when may be suspended upon Indictment.... Kovernor ma.v appoint successor restoration to office, prosecution of in- dlctmint for Court of Criminal Correction salary of duties In Court of Criminal Correction ATTACHMENT — See Bonds indrmnifyiNjs. offlci'r may demand bond In making levy 83 12 money In court under writ of, how dis- tributed 85 23 Jurisdiction of Justice court In 115 186 ATTORN KV — See OrrmV Altornry.- Assislatil t 'I'rcut/ Attornty: Prostfutinx Attorney; Assistant /*rfistCMting Attorney. ATTORNEY GENERAL,— governor to commission vacancy, how filled elected every four years AUDITOR OF STATE— elected ever>- four years 124 237 HKER AND GRAIN INSPECTION— beer Inspection law valid 223 HKQUF:STS to art museum— see Art Stttseum- C.IDS — for legal advertisements 78 1 BIM. Ol" sale. FORM OF— when Impounded stock l.s sold 80 7 HOARD OF EDUCAl .0.\— See p„bl,. Schools. election, number, term of office, classi- fication, etc 193 504 1'>ARI> OF ELECTION COMMISSION- ERS — See Elation and R/xislraliim. HOARD OF POLICE COMMISSIONERS— See pt,l,te. BOARD OF PUBLIC IMPROVEMENTS— to recommend grading of street or change of grade, when 211 585 noto nONDS FOR SUBWAYS— city may l.i.«ue 220 630c 86 32 87 33 124 237 228 INDEX TO STATE LAWS FOR BONDS, INDEMNIFYING — act. nature and extent of may be exacted when and by what of- ficer form of • •, i ■■•••■«■ ; claim to be in writing and verified.... what shall set forth action on officer when not liable when liable objections to security how made effect of overruling objections officer not protected when where there is more than one claimant claim to .state value of property what shall be deemed when court may require bond money in court under writ, how dis- tributed under claim for specific property BRIBERY— circuit and prosecuting attorneys and assistants deemed guilty of when. . . . BRIBERY OF JURY COMMISSIONER— punishment BRIBERY OF VOTER— at primary election BRIDGES AND TUNNELS— power to build or acquire and maintain approaches to same for use bv railroads, street cars. etc.. bonds for bridge across Mississippi river CAPITAL STOCK OF STREET RAILROADS— increase of provided for preferred stock authorized CARS, STREET — See Street Cars. CATTLE — See Animals. CERTIORARI— review of action of nominating conven- tions by CERTIFICATE — _ in redemption of animals CHAMBER OF COMMERCE- may appoint flour inspectors CHANGE OF VENUE — See Cimiit Court. to other divisions in case of prejudice or interest in circuit court for criminal causes how effected CHIEF OF POLICE- to report arrest for felony to circuit at- torney CHILDREN — See Compulsory Ediualion: Juve- nile Courts. CIRCUIT ATTORNEY^ election, term, qualifications amendment of 1907 duties of assistant sec. 29 presumably superseded compensation governor to commission vacancy how filled when to appear in St. Louis court of appeals compensation therefor may employ clerk ST. LOUIS. Page. Sec. So 26 note e 83 12 S3 13 83 14 83 14 84 15 84 16 84 17 84 18 84 19 84 20 84 21 84 22 84 22 85 23 85 24 85 24 85 85 86 219 219 149 80 160 94 96 105 86 86 86 86 86 43 27 27 627 628 318 34S 85 96 139m 28 28 29 31 32 33 34 35 36 note b note b note c INDEX TO STATIC LAWS FOH ST. LULUS. 229 i|ualll1cntions, tenure of office, removal ilutl>»s of clerk salary of clerk and how paid to devote entire time to duties employment by others forbidden, when fees other than salary forbidden violation of law forfeits ofllce penalty for same — bribery may be suspi-nded upon Indictment... Koveinor may appoint successor restoration to office prosecution of In- diotnnnt In !2 83 93 93 93 S3 83 84 94 85 94 94 86 S4 94 94 86 87 94 88 94 87 94 88 94 89 , 94 94 89 89 95 95 95 95 note q note r note s 90 94 note 95 90 91 93 94 96 96 96 95 95 96 96 97 96 97 96 97 96 100 103 lis 139c 206 lis 124 207 240 125 125 242 243 13.1 133 266 267 149 318 196 206 207 516 552 note h 253 INDEX TO STATi: LAWS FOR ST. LOUIS. 231 lucli JutlBr to appoint stonoKiupliir. . . to lu'iir stn-i't K'li'lInK procei'dliiKs to rftiiln Jurl.sJk'tlon CIRCl'IT JlTDGES-^See Circuit Court. to niukp rule In general term to approve appointment of assistant circuit attorneys Page. 259 Sec 5":: 212 5$S 213 590 90 55 46 CIRCl'IT JUDGES. SALARY OF— See ( 'triuit Court, ami Salary. CITIZENS' RAILROAD COMPANY— not to lay double track CITV ATTORNEY— 215 so- lo aid probation officer of Juvenile court 120 215 CITV COUNSELOR- niember of trustees tinmen's pension fund 157 524 CITY OK ST. LOUIS— In suits asalnst for damages plaintiff may be required to Join as defendant per.ion or corporation liable on same account may sue sheriff, when may Issue bonds for subways 121 227 note a 208 oGl 220 630c CITV REGISTER— See Circuit .attorney. to transmit to secretary of state vote for circuit attorney for prosecuting attorney and assistant to deduct pay of Judge of court of criminal correction, when of Judge of court of general sessions til perform duties of countv clerk. when ' ihitlea required of county clerk In di-ntistry law to be performed bv In St. Louis ". . . . miiiili.-rs of trustees firemen's pension fiitiil duties concerning liquors. S6 86 98 103 117 1 22 is- les 28 30 105 139c 202 228 524 393 CITY TREASURER-See .4rt Muifum. fi'e* of circuit attorney — contingent fund — disposition duty of as to circuit attorney's fees... teen, contingent fund, disposition member of trustees firemen's pension fund ex officio treasurer t>oard trustees.... S» 89 89 157 167 52 524 525 CLAUI— See B,wds ludemmlyiHt. to property levied on. how made. to be sworn to to state value of property bond under, for specific property. 83 83 84 85 14 14 CLERK. COUNTV— See Couuty Court. CLERK OK CIRtTUIT ATTORNEY- See c irtMit .itt'frmry. ilrcult attorney may appoint.... iiuallflcatlons. tenure, removal.. duties salary, and how paid !.!!!!! 87 87 87 36 36 37 38 232 INDEX TO STATE LAWS FOR ST. LOUIS. CLEPaC OF CIRCUIT COURT FOR CRIM- INAL CAUSES— 5e<- Circuit Court. salary, appointment of deputies, com- pensation, etc CLERK OF COURT OF CRIMINAL COR- RECTION — See SI. Louis Court oi Criminal Correction. Ealar>' sliall Iteep a seal statement of fines, penalties, etc CLERK OF COURT OF GENERAL SES- SIONS— clerk of court of criminal correction ex officio of salary to report fines, penalties, etc., to audit- or, when CLERK OF JUSTICE COURT— See Jus- ticg of tile Peace. CLERKS AND JUDGES OP ELECTION— See Election and Registration. CLERKS OF ELECTION COMMISSION- ERS — See Election and Registration. salary of COLLECTOR— duties of bond of bond of ex officio effect of failure to give bond bond to be in duplicate — where filed.. bond a lien against real estate of.... bond not invalid for informality of assessment new bond, when required — books not to be delivered until, when ■ bonds to be examined, when failure to give additional bond sureties discharged, when in case of vacancy duty of successor. . may appoint deputies to return delinquent list under oath.. where to deposit money penalty for failure to deposit as re- quired tommissions of when term of expires, vacancies how filled ^ certain tax bills to be 'stricken from lists T certain bills to be cancelled by com- mission lists made into back-tax book — duty of collector suit to enforce filing- suits before day named duty of prosecuting attorney — collector may employ additional counsel duties of St. Louis officers COLLECTOR, LICENSE— See Licoue Collector. COMMISSIONER OF SCHOOL BUILD- INGS— liow appointed, duties COMMON PLEAS — Sec St. Louis Court of Cotninon Pleas. COMPENSATION — See various Officers. COMPULSORY EDUCATION— duty of parent or guardian must send children to school children, when excused board to appoint attendance officer — powers who to administer oaths — certificates.. giving false age — penalty Page. 9G 104 104 105 194 l!i;i 199 199 199 200 200 Sec. 100 98 109 98 110 98 112 139e 139e 139q 291 184 469 185 471 note q 185 472 185 473 note r 185 474 185 475 note s 1S5 476 1S5 477 note t 1S6 478 186 479 186 480 186 481 186 482 note u 187 483 note v 187 484 note w 187 485 187 486 note X 188 487 189 488 ISO 489 189 491 note y 190 492 190 493 note z 190 494 note a 506 534a B34a 534b 534c 534d 534e J INDEX TO STATK LAWS FOR ST. LOUIS. 233 truant or parental schools i parent violating law — penalty certain employment of children be- tween H anil It) forbidden children between S and 14 years employer violating law. penalty employer to keep record of age prosecutions — Juvenile court CONDEJLVATION OF PRIVATK PROP- ERTY— for drainage purposes CONSTABLE- See .^«(OTo/J. Bonds /udcmiiifyinx. fees of. In case of strays falling to do duty as to strays, penalty action on bond of to arrest animals, when may demand Indemnifying bond, when not liable for levy, when liable, when not protected, when suit against, court may require bond, when one to be elected In each district number of districts districts, how established additional provided for governor to appoint additional, when., laws applicable to townships apply to districts, when vacancy, how rtlled how to f|uallfy to keep books of act falling to account, penalty, procedure. city may sue on official bond of to give bond, duties, liabilities, etc salary and commissions may appoint two deputies salary of deputies ottice for to be provided to notify protection officer of arrest of children CONSTRUCTION OF LAWS— See £aaj, ConslrMCtioH of CONTESTED ELECTIONS, CERTAIN— See Election and Rfsistralion. CONTINU/VNCE— In court of criminal correction In court of general sessions of circuit court for legal advertise- ments CONVENTIONS. NOMINATINC3 — See Nomi- nating Coni^fntions. CORONER — to view every dead body brought to morgue and if necessary hold inquest general duties powers and duties of — appointment of deputies fees and costs, how paid powers and duties of mayor COSTS — prosecutor liable for, when. . COSTS .VND FEES— See St. lj>ui, Conrt nl C riminai Correction, COSTS. FEE BILLS — In court of general sessions COSTS IN CRIMINAL CASES— iBw.s concerning apply to court of crim- inal correction COUNTY CLERK— dutle* of in i1enlistr>- law to be per- formed by regl.iter In St. Louis Page. Sec. 200 534f 200 e34g 200 .134 h 200 .'■>341 201 r.34j 201 534k 201 534 1 204 120 100 104 78 170 207 208 208 208 102 105 103 541 80 9 81 9 81 10 79 4 S3 12 84 16 84 16 84 20 85 23 114 173 note m 114 174 114 176 note 114 178 115 179 115 180 115 182 115 183 116 193 110 194 117 195 117 196 117 197 note t 117 198 117 199 • 117 200 note u 215 116 l.-!9g 399 555 565 566 667 131 139p 138 22Sn 234 INDEX TO STATK LAWS FOR ST. LOUIS. Page. Sec. COURT OF APPEALS— jurisdiction over nominating conven- tions 149 318 COURT OF COMMON PLEAS — SeeS/.Lo7,,s Court of Common Pleas. COURT OF CRIMINAL CORRECTION — see Si. Liniis Court of Criminal Correction. prosecuting attorney and assistant for S6 30 COURT OF GENERAL SESSIONS — See 5/. Ijonii Court of Grneral Sessions. COURT RULES — See Circuit Court. COURTS — See J-arious Courts. CRIMES— offering property for sale without writ- ten authority 121 226a application for loans without written authority 121 226h CRIMES AND PUNISHMENTS— under primary election law 149 320 CRIMINAL CAUSES — judges assigned for trial of 90 59 grand jury to attend 90 59 CRIMINAL COURTS— to appoint stenographers, tenure of of- fice 210 .TTS salary of stenographers 210 UTS DAMAGE SUIT AGAINST CITY— pla'intiff may be required to join per- son or corporation liable on same ac- count as co-defendant 121 227 DECREES — See Circuit Court. deli.nquent and back taxes — certain tax bills to be stricken from lists certain bills to be cancelled by com- mission back-tax books made — duty of collector — suits to enforce 189 491 note y DELINQUENT AND BACK TAXES— filing suits before day named 190 490 DENTISTRY — city register to perform duties required in the law of county clerk 122 228 DEPUTY CIRCUIT ATTORNEY — See Cir- , cuit Attorney. appointment of 89 54a duty of — removal 89 54b salary of 89 54c DEPUTY CIRCUIT CLERKS — See Circuit Court. DEPUTY CONSTABLE — See ConstaHr. DOCKETS— See Circuit Court. DONATIONS TO ART MUSEUM— See Art Museum. DRAMSHOPS— office of excise commissioner created. 122 229 application for license, how made 122 230 note b license issued or revoked, "when 123 231 note c commissioner to keep record of li- censes and preserve petitions 123 232 note d commissioner to notify pres. police commissioners of issuance of license 123 233 license refused or revoked, when 123 234 duty of police 123 235 fees — powers — duties — compensation . . 124 236 note e EDUCATION COMPULSORY— See Compul- sory Education. 189 488 1S9 489 189 491 INDEX TO STATIC LAWS FOR ST. LOlIS. 235 ELECTION — See ElKlion ami Ktgislralim. ELECTION AND REGISTRATION— olritlon of atnto otTlcprs ••lection of otliiT ofrtilnls In St. Louis. condiKtt'd how rcrtiiln fonteat.s In S-t. Ix)uls procfctllnKs. how conduoted rlri'iilt altopnoy or assistant, contests.. liroci'cdInKS In such cases lirovlsluns a|)i>l.v to St. Louis, except... r»*Klstrution of voters hoaril of election commissioners created how appointed, qualltlcatlons, duties, vacancies hoard to print rules and regulations.. records open to Inspection to print and furnish oftlclal data to make report after each election.... registry hook for precinct mayor may make suggestion to gov- ernor .tecretary of commissioners, powers, duties commissioners may employ additional clerks oftlce of commissioners in city hall... commissioners to buy ballot boxes, hooks, blanks, etc other duties of commissioners to divide city in election precincts,... Ill revise and rearrange same. when... tuilKca and clerks to be selected, qual- ttlt-atlons • 'itinilssloners may remove judges and clerks hut must assign cause of removal.... names of Judges and clerks to be pub- lished qualltlcatlons of Judges and clerks may he objected to board to hear objections vacancies, how tilled niith'e of registration da.vs r-iriMtratlon days — registration books. [T. . ii\.t board of registry ^-duties. .. . ■; 111 itlcatlon of voters * * t '• tigos — ajipeals \ ■ : ::i. ation lists — challenges i*r.. iii.t canvassers — duties notice sent to those whose residence not located iTirit'-.l copies of verification posted in precinct and clerks to revise registry, ■■\ --■ n ," , proceedings, how conducted — affidavit. voter may ask to have any name erased form of application therefor application to be signed and sworn to ilulv of Judges upon hearing applica- tion • !k - and clerks to sign registry.... r ,;;.t:y to be sent to coqimissloners. . coiiiMilssloners to proceed, how copy to hi' given to any voter clreult court to hear application to be i!i -d on registration lists, when... ■ - from circuit court -■ ! -" .itlon by hoard or court '■ir^'.fs of registered voter ! -• "itlon of invalids and absentees. r I lists of voters, when to be com- t':i-'I and how posted •I- ;.ri of poll-books, ballot boxes, ■ '■ to Judges opened an In force between general elec- tion?* Judges to lie peace olTlcera — challenges Tote i-anvass«*d, when vtite. how canvassed »ole on any proposition canvassed, now result of can%-ass, how mode and certl- Hed Page. Sec l-.M 237 ll\ 238 in 239 124 240 Vih 241 12S 242 1 2.-) 243 12/. 244 12'5 243 125 246 125 246 126 247 126 247 126 247 12B 24 7 126 24 7 note g 248 127 248 127 249 127 249 127 249 127 250 127 250 127 2,';i 127 251 127 251 note h 128 252 128 252 12S 252 129 252 129 253 129 254 130 235 130 256 130 237 130 258 131 239 131 260 131 261 132 262 132 263 132 264 132 263 133 263 133 264 133 263 133 265 133 265 133 265 133 266 133 267 134 268 134 26!) 134 270 271 135 273 135 274 135 275 135 276 136 277 13S 278 136 279 13* 280 n? 281 282 138 « 13S 283 284 138 285 139 286 139 2S7 139 139 130 288 289 290 139 140 291 292 140 140 293 204 122 122 123 229 230 231 note b note c 123 232 note d 123 123 124 233 233 234 note e 236 INDEX TO STATE LAWS P'OR ST. LOUIS. Pag-e. poll-books placed in ballot box, how sealed disposition of ballots statement and tally delivered to com- missioners Judges and clerks exempt from jury duty disposition of ballot boxes by commis- sioners abstract of votes, how made — copy sent to proper officers issuance of certificates of election when fraud is suspected — procedure... salary of coinmissioners — secretary, clerks ,. pay of judges and clerks majority of board of commissioners may act board to audit accounts • ELECTION COMMISSIONERS— See Election and R''sistratioH. ELECTIONS, PRIMARY— See Primary Elfc- /ions. ELECTION TO INCREASE SCHOOL TAX— how called and held 197 521 EXCISE COMMISSIONER— office of created, residence requirement may issue dramshop license, when.... may issue or revoke license, when.... to keep record of licenses and preserve petitions to notify president police commission- ^ ers of issuance of license license refused or revoked, when fees — powers — duty — compensation . . . EXECUTION — See Bonds, hidemnifyitts. levy officer may demand bond 83 12 money in court under writ of, how dis- tributed 85 23 EXECUTIONS AND JUDGMENTS. LIEN OF— in court of criminal coi-rection 101 126 FACTORIES — not allowed near Tivwer -Grove Park... 173 426 FEE-BILL, HOW MADE AND ClORTI- PIED— in court of criminal correction 103 13S FEE-BILLS, COSTS— in court of general sessions 105 139p FEE, JUDGES — See Cirnnl Court. clerk to pay into city treasury monthly 92 76 FEES— of constable in case of strays 80 9 marshal SO 9 justice of the peace SO 9 of officers in case of impounded stock SO 9 FEES AND COSTS — See St. Louis Court of Criminal Correction. in court of general sessions 105 130m FEES OF CIRCUIT ATTORNEY— See Cir- cuit Attorney. disposition of 89 51 FEES IN JUSTICE COURT— See Justice of tlie Peace. Page. 160 Sec 346 157 322 157 323 157 324 157 325 157 326 158 327 158 328 158 330 158 331 158 331 158 332 159 333 159 334 159 335 159 336 159 337 159 338 159 339 160 340 160 341 160 342 160 343 160 344 160 345 160 346 160 348 160 348 INDEX TO STATE I.AWS FOR ST. LOUIS. FIREMEN FUNERAL EXPENSES— to what extent paid out of retirement fund FIIUOMEN'S PENSIONS — fund authorized 157 322 note honorary nn'inbers hoard of trustees, who compose tr<'a«uro 648 649 222 650 222 651 222 652 <>•>■> 653 222 6,'; 4 222 6 5. I 222 6.'>6 JUDGE OF CRIMINAL COURT— contested election for, how determined 124 JUDGES AND CLERKS OF ELECTION— See EUitii'M and Rfsntration. IIIXJKS FEE-8ce (,>«,/ Court. IIDOE8 UF CIRCUIT COURT-See ,,„„, i-omrt, ••l^DOES OP CIRCUIT COURT. SALARY Uh — See Circuit Court. 121 240 INDEX TO STATE LAWS FOR ST. LOUIS. JUDOE OF PROBATE COURT— contested election of, how determined. JUDGE OF COURT OF CRIMINAL COR- RECTION See S/. Lnuis Court of Crimi- nal Correction. JUDGE OF ST. LOUIS COURT OF GEN- ERAL SESSIONS— provisional to be appointed, when and by whom JUDGES OF SUPREME COURT— to appoint commissioners of Tower Grove Park, when JUDGMENTS— power of special term over of St. Louis criminal court to be en- forced by circuit court JUDGMENTS, ABSTRACTS OF — See Cir- iitit Court. JUDGMENTS AND EXECUTIONS, LIEN OF — in court of criminal correction JUDGMENT LIENS— See Circuit Court. in St. Louis criminal court enforced by circuit court JURISDICTION— of circuit court over misdemeanors, when of court of criminal correction of court of criminal correction appellate JURISDICTION OF FELONIES— in court of general sessions JURISDICTION OF JUSTICE COURT — See Justice of the Peace. JURISDICTION OF MISDEMEANORS — in court of criminal correction JURIES— commissioner. how_ appointed qualifications appointment, liow made and entered of record tenure of commissioner oath, salary and deputies of commis- sioner pay of deputies duties of commissioner who are qualified jurors who exempt from jury duty questions to be answered under oath.. jury lists, how made up notice, how given to exempts exemptions, how noted courts to pass upon exemptions names, how copied and drawn jurors, how drawn jurors, liow summoned absent juror excuses, how dealt with time and length of service of juror... bribery of commissioner — punishment. commissioner accepting bribe — punish- inent sheriff or marshal violating law, pun- ishment compensation of jurors exceptions to jurors, when to be taken report of commissioner to contain what, and when to be made. present commissioner to hold office till when act to api>Iy Page. 124 Sec. 240 103 172 92 94 101 95 106 1390 421 74 S9 126 91 94 86 note s 94 86 note s 99 114 99 115 139 114 106 140 106 140, 141 106 142 106 142 1(17 143. 144, 145 107 146 KIS 147 lOS 147 lOS 148 108 149 109 150 109 151 109 152 109 153 110 • 154 nil 155 110 156 111 157 111 158 111 159 111 160 111 161 112 162 1 12 163 112 164 112 165 112 165 ll.S 166 113 167 note j note k INDEX TO STATE LAWS KOI! ST. LOUIS. 241 special Jury, how ordered Jiiror to serve onlv onoe n year Krand Jury. Mow selected numbi-r to be drawn. list delivered to clerk .... .' .' ' .' .' .' .' .".'.'' JURORS— See Circml Court. J„r,„ ami Jury how furnished In circuit court Jl'RORS I'^OR COURT OF CRIMINVI CORRECTION— >-«i.iiii\Al. Jury commissioner to furnish, when.. JURY COMMISSIONER— to furnish Jurors for circuit court •°co';r7^?l':,n'."'w°ren'°'- '"''''' °' "'-'-' h'lw apyi.lnted •,li:iMl .-iitlons '"'n'iu'iVl"""' ''"^^ •nado arid 'entered 'of tenure of office. . .....'. oath, salary, and deputies pay of deputies duties of '"empT "^'"■'"''■'"*^ of 'refusal' to' 'ei- may be tlned. when. . briber)- of. punishment. acceptlnfc bribe, punishment report of to contain wlmt.' and 'when' to' 'be 'made' present, to hold office till when. . JUSTICE OF THE PEACE-See AmmaU. duty of when animals arrested to order sale of animal, when fees of In case of strays appeal in criminal cases one to he elected In each dl's'trict number of districts. districts, how established.. ■""boundaH..i".''^!''r-'"'"""" "°'"''^'' ' °f additional Justices courts' provided "for Koivriior to appoint additional when "'d.;t'r'i':.';.i."-''^,l::„"'. '^--^'p^ app-i- "« who eligible to office... vacancy, how (Hied \wvi to (juallfv Juri.adlciion — ainount of territorial limits of . . nn,l'"tt.;'a",it."'^;tc'".""^'' ' Hen." landlord Justices — salarj' of Justice to appoint cleric— skiAo-'. appointment to be In writlnu r-'moval of clerk clerk to give bond. ■.■.'.'.■. c erk J? receive fees, disposition" 'of.'. '.' Clerk to keep account books... r?.v"^. account, penalty, procedure' ^ni ""*/ *""' "" orriclal bond of clerk "^o^/"-:- "PJ' i""- ^'"k and constable to be provided. . '^''?;.,, [/'*'''"<''■ '° perform ' 'duties' ' of tK — mayor those of • ' I'l in cases of tie. 1 .1.::., .itions of Jurors JftS county court. In Justices clerk to record name's of Ju'r'o'r's'.'.'. ■.■.■.' JrVENILE COURT— Jurisdiction In compulsor>- education M : -Kilon or 'act-lA-oiistructlon' ' 'of ' •'"1-! !: tlon of courts..... r r ,,,„„,. Judge, practice ' and ' pro- r. ,'" !"•" p<-tit'io'n'—,iiTirm duties of county court ex- cept in cases of a tie may make suggestions to governor concerning election anil registration. IS9 394 169 395 169 395 169 39.''.a 169 395b T9 4 SO 9 SI 9 SI 10 S3 12 S4 16 84 16 84 20 i^ 23 98 111 99 113 \\i 162 S2 S2 lie Ud S2 117 lid 196 n.>te t 117 202 note v 12fi 217 244 INDKX TO STATE LAWS FOR ST. LOUIS. ax-officio member board of managers of house of refuge may pardon inmates of house of ref- uge, when to sign writ for recapture of fugitive from house of refuge to appoint board directors free public libraries with consent of council, to establish public markets and regulate same with comptroller and treasurer, to se- lect bank for deposit of public money to appoint expert accountant to exam- ine books, etc.. of officers of public schools powers and duties as to inquests MECHANIC'S LIENS — See Circuit Court. to be filed in office of Circuit Clerk., jurisdiction of justice court as to MEDICINE AND SURGERY — duty of county clerk cast on health commissioner MERCHANTS AND MANUFACTURERS— taxation of MISDEMEANOR— prosecuted on information, when under primary election law MISSOURI STREET RAILROAD COM- PANY— authorized to lay track like provisions as to same railroad... MONEY, PUBLIC— who to select bank for deposit of — bond — amount not more than Jl.OOO.Ono to be in one bank MORGUE— city and county of St. Louis jointly may establish and maintain coroner to view every dead l>ody brought to . . .- and if necessary hold inquest thereon. MULE — See Animals. MUNICIPAL ASSEMBLY— See An .'ifusciim. to approve appointment art museum board what ordinances city may enact as to art museum to provide rooms for courts and cer- tain officers shall provide rooms for court of crim- inal correction and officers for court of general sessions and of- ficers to provide offices (or justice court and officers MUSEUM. ART — See .'Irl Musmm. NOMINATING CONVKNTION.S— mode of calling NOTICE— for legal advertisements in case of animals running at large... OFFICE— forfeiture of. for violation of law OFFICP.R — See Various Qfflffrs. not liable for levy, when Page. Sec 162 355 163 359 163 361 166 375 16!l 169 394 395 169 190 208 93 115 190 100 149 215 215 1G9 169 170 170 170 143 7S. 79 79. SO. SI 397 515 567 186 396 ■195 120 320 60S 609 397 397 399 note u 399 note u 399 note u S2 lie S3 llh 99 113 99 113 105 139s 117 200 307 note j 87 84 1-3 4. 5, 11 42 I.NDKX TO STATK LAWS FOR ST. LOUIS. 246 Unblf. when not protcctocl. when suit uKalnst, court may require bond, whf n Page. Sec. 84 17 84 20 85 23 OFFICKRS. INDKMNU-'YING BONDS TO — See Bt'Hits. fHiitmnityiHg. OFFICKRS. STATE. ELECTION OF— See Elffiion and RexistratioH. PARENT OF NEGLECTKK CHILD— compulsion of. to support PARKS— 121 223 TowtT Orove Park described htuird of commissioners — number how constituted members not to be paid for services. . to receive $100 per annum for per- sonal expenses quorum ".. dutl.-s of the board ordinances, etc., concerning to be pub- llnlied penalty for violating ordinances penalty against commissioner "pjirii i>onds" may be issued bonds, how sold moneys, where deposited moneys, Ijow applied taxes levied to keep up and Improve the park avenues to be opened and widened.... proceedings therefor avenues to be Improved debts incurred only by authority of board hoard can hold gifts, devises and be- i4Utf»t8 gunning, etc.. prohll)lted stook not to run at large within cer- tain limits office of commissioner vacant when... vncanuy. how rilled hoard to report to city council land exempt from taxation additional bonds may be Issued levy of taxes fi>r park slaughter houses. etc.. prohibited, w here also eertain factories penalties for violating this section.... PENSION FOR SCHOOL TEACHERS AND EMPLOYES — board may cr»nte. amount, etc board of trustees created teachers and employes niav be retired, wh.n annuity of retired teachers truat.es to manage and control fund. wh.n declared annuitants ntiiiiiitants to pay 20 per cent of sal- ar\ dutle.') of secri'tarles of boards with ref.-rence to pension fund acts of trustees, how passed upon.... PENSIONS. FIREMEN'S— See FirrmtnS PENSIONS OF POLICEMEN— ■ iicancles. how filled — rules and regu- T.^llnns ri In case of disability.... In case of death '■ after 20 year"' -..rei. couiptinsation PETROLEUM. INSPECTIDN <>F— S.io Ini^trlton oi PrtrMmm 170 400 170 401 170 402 170 402 170 402 171 403 171 404 171 403 171 406 171 407 171 408 171 409 171 410 171 411 172 412 172 413 172 414 172 415 172 416 172 417 172 41S 172 419 172 420 172 421 173 422 173 423 173 424 173 425 173 426 173 426 173 426 198 Its S27 528 198 198 198 198 528 629 630 631 198 532 199 199 533 537 ISl 458 181 454 182 455 182 456 notK I 183 460 183 461 183 461 183 462 183 463 183 464 183 465 184 466 ^ij INDEX TO STATE LAWS FOR ST. LOUIS. Page. Sec. PHARMACY, PRACTICE OF— to procure certificate to compound medicine board of pharmacy created — its duties. number, oath, term of office, etc duties of secretary to whom act does not apply who may compound medicines responsibility of pharmacists penalty for violating' this law for fraudulent attempt to procure reg- istration 1S4 467 PLEADINGS AND PRACTICE — in court of criminal correction 100 117 general sessions 104 139ii PLEADINGS IN COURT OF CRIMINAL CORRECTION— no written required of defendant ^ 100 117 POLICE— duty of to prevent business of dram- shop keeper without license acts repealed 174 427 note b ordinances to be passed to protect persons and property board of police commissioners created term of office, qualifications, oath. etc. governor to appoint commissioners.... duties of commissioners to appoint police force, number, term, etc officers of police, rank, number, bond, etc compensation of police vacancies, how filled — promotions — re- lief — rules, etc police officers to receive no gratuity.. Ijoards to have office furniture, etc... police districts, station houses, clerks, etc sheriff to aid in keeping peace board to make estimate of money needed 178 439 penalty for interference with enforce- ment of this act 179 440 parties arrested, disposal of — sureties, etc Bertillon system department created. . board to keep journal of proceedings. mounted police proceedings to suppress gambling. . . . power officers to break doors gambling devices, etc.. to be destroyed proceedings where property has been stolen warrants, how directed no fees allowed police are officers of state board to license private watclimen . . . . vacancies, how filled — rules and regu- lations compensation in case of disability. . . . to family in case of death may retire after 20 years' service — compensation liolidays to officers in active service.. special officer of Humane Society — ap- pointment and compensation 182 459 POLICE COURT— APPEALS FROM— t to be taken to court of criminal cor- rection 10.1 137 POLICEMEN. PENSIONS OF — See /v«- :>ions of Policemen, POLICE OFFICERS— to notify probation officer of arrest of children 120 215 POSTING— of .siray animals 79 4 123 174 235 427 174 174 174 175 175 428 42» 429 430 431 176 432 170 177 433 434 177 177 178 435 436 437 178 178 437 438 179 441 17il 442 ISO 443 180 444 180 445 ISO 446 180 447 ISO 448 ISl 44» 181 450 181 451 181 452 ISl 453 ISl 454 1S2 455 182 456 182 45S INDKX TO STATIC LAWS FOR ST. LOL'IS. •-'47 PKAOTICI-: OK I'llAK.MAl'V— Sii- I'liarmmy. practice oi. PRELIMINAUY KXAM1NATION.S— by Judge of court of Kcncrul si'sslons.. J'RKSIKKNT BOARD I'OLU'K COM.MIS- SIONKKS — to bo notified of Issuanou of dramshop liconsi" r'RIMAKY KLECTIONS — uliurl tltli' and applk'ntinn of act ib'Tlnltlon anil ninstriiction of act primary rt'glstratlon books to be pre- pared form of rcKlstratlon sheet elector to sign rotrlstratlon books rettlxtratlon provided for registration suspended, when commissioners to attest registration books books to be delivered to Judges, when. unofficial primary, how held wards divided Into primary election districts duties of political committees— of c»>inmlssloners forbblden to hold primaries, where.... delegations filed, when, expenses paid how placing of delegates' names on ballot., nominating candidates b.v primary.... ci>mmlssloners do not act In official ca- paclt.\-. when ballots, how prepared registration books open to Inspection, opt'ning of polls, voting, etc.. subd. 1... election, how comlvieted. subd. i watchirs may be api>olntcd. subd. 3.... canvass of votes, subd. 1 Juitges to announce result, subd. i candlilate may demand written state- ment of result, subd. .T commissioners to declare r*'sult. subd. 4 Judges and clerks to sign returns cominltte.s. regulations. rules of parties, subd. I to be consistent with law. subd. 2 conventions, how conducted review of action of conventions by court optional to certain parties crimes and punishments under this law PRIMARY ELECTION LAW OF 1907— application of law election held, when and where notlei- of l>ienniai August primary, how given publication of notice no mime of candidate to go on ballot unliss. etc form of nomination paper to be flied.. declaration for count.\' ofTlce nomination paptrs to liave form on ex- cept, etc to sign but one paper for same office.. regulations as to signing nomination pap"'rs how papers shall be signed basis of percentage In each case lii>w papers to b.' tiled .»-. r.t.irv of state to give notice of imine.H of candidates for whom papers filed ■......., ilerk to publish such notice ...'.'. In «' u f.iiiers published "f^ ' to be printed P<^ pie ballots 20 days before \ . iinary exp. li.-.'j*. bow i>alr! regulations as to tickets used **nn"' '"* ""^•^"'■'■'"K after prlmar>'. how who inny vote ..!!!!!!!!!!! challengers for parties canvass of votes, liow made Page. 104 123 Sec. 139d 233 140 140 296 297 141 141 142 142 142 298 299 300 301 302 142 142 142 303 304 30.-> 142 30G 143 143 307 30S 143 144 144 309 309 310 14.-. 145 14.=; 14r. 14S 147 147 147 31" 311 312 313 313 313 314 314 147 14$ 148 314 314 31.^ 14S 148 14S 316 316 317 149 149 149 318 319 320 151 151 1 2 l.il l.-.l 3 4 1.-.2 l,i2 5 5 5 1.1 2 1.1 2 6 l.i: 1S2 l.i2 l.i3 8 9 10 11 1.1 3 l.iS l.iS 1S4 12 13 14 15 i.=;3 153 153 16 17 18 154 154 154 154 IS 20 21 22 note 1 248 INDEX TO STATE LAWS FOR ST. LOUIS. returns, how made county canvass of returns, how made.. person receiving greatest number of votes to be candidate secretary of state to publish result of primary to certify names of candidates to coun- ty clerks, when election of ward committeeman, at.... in case of tie vote secretary of state to prepare forms when bribery of voter judges and clerks, how provided consistent election laws apply duty of county clerk devolve on election coinmissioners in St. Louis nominations of presidential electors and delegates to national conven- tions, etc PRIMARY ELECTION' FOR U. S. SEXATOR- may be held, when candidate to file application, when secretary of state to certify list of names to county clerk county clerk to put names on ballot... vote, how counted and certified person receiving largest number of votes to be declared caucus nominee. PROBATE COURT— of St. Louis governed by general law.. sheriff to execute process of attend on PROBATE COURT, JUDGE OF — contested election for. how determined PROBATION OFFICER — Sfe Juvenile Court. for juvenile court po'wers of, deputy PROPERTY OFFERING FOR SALE— without written authority PROPERTY, SPECIFIC— bond under claim for PROSECUTING ATTORNEY — election, term, qualifications, duties.. compensation ~. ■ . /'. governor to commission vacancy, how filled when to appear in St. Louis court of ap- peals compensation therefor to devote entire time to duties employment by others forbidden, when tees other than salary forbidden violation of law forfeits office penalty for same, bribery deemed guilty of bribery, when may be suspended upon indictment.... governor may appoint successor restoration to office, prosecution of in- dictment for court of criminal correction salary of duties of in court criminal correction. to aid probation officer of juvenile court to prosecute suits for delinquent taxes PROSECUTOR— liable for costs, when PJtoVTSTONAL JUDGE — of St. Louis court of criminal correction of general sessions PUBLIC LIBRARIES, FREE— See Lihyarie*., frre Public, Page. 154 154 Sec. 23 24 154 25 154 26 154 154 155 27 28 29 154 155 155 155 30 31 31a 32 155 156 156 156 156 156 156 124 118 120 121 85 10£ 97 103 32a 33b 97 note 206 252 207 253 note h 240 210 215 22Ca note z S6 30 86 31 8S 32 87 33 87 34 87 35 87 39 87 40 87 41 87 42 87 4S 87 43 87 44 87 44 88 45 97 104 9S 109 100 119 120 215 190 493 105 139c INDEX TO STATE LAWS FOR ST. LOUIS. 249 PL'BLU' MAltKETS — Sec Marttls. PHblic. PUBLIC MONEY— See Motuy. PHblic. PUBLIC SCHOOL FUND— proceods of sale of strays to go to... PUBLIC SCHOOLS — cilucatlon of Inmates of certain Institu- tions, at city a school district and body corpo- rat«' buurd of education, niiinbor. may sue uikI be sued suiuTlntendcnt of Instruction commls- .aloinr of .iJchool buildlnpr KeniTiil powers of board nieuiliers of board, how elected, quallfl- eatlons. to receive no pay mii\'>r to appoint first board, duty of In.aril. president and vice presUlent. sp"clal election of board, terms of of- lUe and cla.ssllication »iii)erintenilent of schools, assistants, duties and powers coniniissloner of school bulldlngrs, duties conirni.'- disbursements of board, how made.... board to appoint an auditor, bond, du- ties and term of offlCT? board to apportion revenues to differ- ent departments mayor to appoint annuajly an expert to •'Xaniine bttoks. accounts and voucli- ers of officers, compensation circuit court has Jurisdiction over board and Its officers how exercised members of board and officera vlolat- InK law penalty (allure to attend meetings, vacates of- fice, when InvestlKationa, testimony In. how taken board has power to levy and collect taxes •lections to Increase tax levy what constitutes permanent school fund, investment board to publish annual report pension fund for teachers and em- pioyt's hoar.j of trustees created teachers and employes may be retired, whi-n annnltv of retired teachers tri:.«t..H tn mrtnasre and control fund.. wli.'ti 'I--; for Sale, without written au- Ih.Tlty „ .. oft-rinK loan on. without written au- thority Page. Seu SI 196 102 10 190 497 191 600 191 500 note c 191 19:; 500 501 191 502 192 503 193 504 193 505 194 506 191 507 194 508 195 509 195 610 195 195 511 512 193 513 196 514 515 196 196 616 61« 196 517 196 197 618 619 197 197 520 521 197 197 522 623 198 198 526 627 198 198 198 198 198 628 529 530 631 532 199 199 5.13 634 132 208 208 203 562 563 564 121 226a 121 226b 250 INDEX TO STATK LAWS FOR ST. LOUIS. RECOGNIZANCE AND FORFEITURES— in court of criminal correction, general sessions REGISTRATION— See Election and ResUtrntion. REPLEVIN— jurisdiction of justice court, in. Page. 100 104 115 Sec. 118 139j LSG REVENUE. ASSESSMENT AND COLLECTION OF — See Assessment of Property, Collector, Delinquent and Back Taxes. Taxation of Merchants and Manufacturers. RULES OF COURT— •See (.iicuU Court. SALARY— of assistant circuit attorneys clerks and stenographers of circuit at- torney of circuit attorney of additional assistant circuit attorney of deputy circuit attorney of circuit judge of circuit clerk of clerk for criminal causes of circuit clerk for criminal causes. . . . of deputy circuit clerks for criminal causes of provisional judge of court of crim- inal correction of judge of said court of prosecuting attorney of clerk of court of criminal correc- tion /C . of provisional judge of court of general sessions of judge of court of general sessions. of clerk of court of general sessions... of stenographer of court of general sessions janitor of of jury commissioner of deputy commissioners of justice of peace cl«rk of justice court of deputy constable of probation officer and deputies of election commissioners secretary of eleciion commissioners... clerks and assistants. . of license collector. . , of his deputies, clerks and inspectors.. of police commissioners of secretary of police board SALARY AND FEES— of stenographers SALES OF REAL ESTATE— offering for sale, without written au- thority is crime how conducted effect of sheriff to execute deed SANITARY DISTRICTS AND SEWERS— sanitary districts, how established commissioners, reports, elections trustees, term, etc powers of board of trustees means to carry into effect vciucliers board to make surveys, define areas... coniicmnation of private property bonds, application for. term to run. in- terest, etc rontracts. how let city to construct sewers and drains. when special taxes, payment 8ft 210 50 Sg 50 89 51 89 54c 89 . -540 95 * 92 96 lltO 96 100 97 100 97 100 9S lor. 9S 109 98 ion 98 loa 103 i:ti>o 104 i:;9d 104 lS9c 106 13!4t 106 13!in 107 144 107 140 116 1,S7 116 18S 117 19 543 205 544 205 545 INKIOX TO STATK LAWS KOR ST. LOUIS. 251 Patre. Sec. acci-ptancc of prlvato sewers already i-onstruoU'O 206 US dliisolutlon of board of triiBtees 206 547 certain officers to assist In making law effective 206 aiS conntriictlon of this law 206 54> SATURDAY AFTERNOON— See Holidays. SCHOOL Fl'Nl). PKRMANKNT— what constitutes. Investment 197 52t SCHOOL F'UND. PUBLIC— proceeds of sale to go to use of 81 10 SCHOOLS. PUBLIC— See Public Schools. 8KCKKTARY OF ELECTION COMAIISSIONERS — See Elfciion and Kfzistration. salary of 139 291 SENATOR. UNITED STATES— See Primary Etfction for (/. S. Sfitatoi . SHEEP— See AutMtats. SHERIFF— S«e Bonds IndfmHtfytttz. levy, may demand bond, when not liable for levy, when liable, when not protected, when suit atfalnst. court may retiuire bond, whrn to serve process in court of general ses- sions duties, fees, etc violallnK Juries act, punishment to aid police to Iteep peace duty of bond, by whom approved, to .•x.Tute prociss of what courts to attend upon what courts f.-.-s of general duties of to k«'ep account of fees received to llle .«tat'>ment with circuit clerk.... fees retained, balance paid to treasurer fees, bow apportioned In certain cases failure to tile statement, proceedings.. city may su*. In what cases how Xr\ . .-.niluet sales of real estate rff. .s to . d '.'..'. diH lily, may employ counsel. ''■'-■' 20S 56S SLAUOHTER HOUSES— not allowed near Tower Grove Park.. 173 426 SMOKE ABATEME.NT- smoke a public nuisance, when penalties, penalties accumulative city to enforce law by onlinance SOCIAL EVIL HOSPITAI^— See Hospital Social E:-il. SPECIAL JURY— how ordered Hj \(i9,n SPECIAL TERil — S«e Cirrail Conn. power of over Its Judgments 02 74 SPKCIFir PROPERTY— bond under claim, for gS 24 S3 12 S4 16 84 17 S4 20 ss 23 lO.i IS9n in-. 139n 112 162 ITS 438 206 .15 On 206 SSI 206 552 207 553 207 654 207 55S 207 556 207 557 207 558 2«8 559 208 560 208 561 208 562 208 563 208 564 209 569 209 569 209 570 252 INDEX TO STATE LAWS FOR ST. LOUIS. Page. STATE OFFICERS, ELECTION OF— See Election and Registration. STENOGRAPHERS — each judge to appoint one for his di- vision 209 to tile affidavit, bond, tenure of office.. 209 duties of 209 salary and fees 210 may appoint dejjuties 210 fee to be taxed in each case 210 may exchange work 210 criminal courts to appoint, tenure of office 210 salary of for criminal courts 210 to take oath 210 duties of 210 disposition of stenographic notes 210 when absent, proceedings 211 shall be removed, when 211 corrupt misconduct or neglect, penalty 211 STENOGRAPHERS AND CLERKS OF CIRCUIT ATTORNEY- See Cifcuit Attorney. STENOGRAPHER OF COURT OF GENERAL SESSIONS — appointi7ient, duties, salary 106 ST. LOUIS COURT OF APPEALS— when circuit and prosecuting attorney to appear before 87 Sec. .172 572 573 574 575 576 577 578 579 5S0 581 582 583 584 585 139t ST. LOUIS COURT OF COMMON PLEAS. jurisdiction of, transferred to circuit court jurisdiction of, transferred to circuit court 90 90 61 61 ST. LOUIS CRIMINAL COURT — See Circuit Court. abolished jurisdiction vested in circuit court 94 unfinished business wound up in circuit » court 94 writs, process, etc.. issued by, return- able to circuit court 94 clerk to deliver books, records, etc.. of, to clerk of circuit court for criminal causes 95 salary of judges 95 sheriff to execut* jDrocess of 206 attend on 207 ST. LOUIS COURT OF CRIMINAL CORRECTION— established 97 in court of record 97 election, qualification and terms of judge and officers 97 appointment, powers and pay of pro- visional judge 97 removal from office of officers 98 vacancies, how filled 98 certificate of election and commission of judge 98 powers of judge 98 salary of judge 98 of prosecuting attorney, assistant and clerk -^8 clerk to keep a seal 98 fees and costs 98 ■witness fees only to be charged, when 98 statement of fines, penalties and for- feitures 98 court room, stationery, offices, marshal 99 municipal assembly to provide 99 marshal to attend - 99 jurisdiction 99 school board money collected by sheriff 99 is of limited and special jurisdiction.., 99 appellate jurisdiction 99 appeal in criminal cases from justice court 99 sessions, continuances 100 86 87 90 91 92 552 253 102 103 105 106 106 107 108 109 109 110 111 111 112 113 113 113 114 112 114 115 115 116 INDKX TO STATE UA.WS FOR ST. LOUIS. 253 siiri'ty on dc ffndanfs bond not re- IfiLsctl. when pniitUi" and proceedlnKS rcioKnlJinnces and forfeitures holh an exanilnlMK and trial court.... duties of proMOcutlnK attorney and as- HlHtant pro.ieLutlons by Information Infornuitlon properly lodged with as- sl.stant proseeutlnp attorney .' . inft>rn)atlon. where lodged, proceedings Htututea of Jeofails aniendiiient of process, pleadings, etc. . prnreeilings when felony appears convictions for less olT*"nse Jury commissioner to furnish Jurors, when Insolvent law not applicable, when,.. Hen of Judgm»'nts and executions appeals and writs of error hills of exception to be tiled, when... powers over officers collecting tines... lists <»f officers, how furnished property found i>n person of otTenders, sMjii-rvlsion over pro.s,.,iilor liable for costs, when p.'iver of court to reduce punishment. sentence and place of Imprisonment... sentence IncUules hard labor rules. . . . part of Sec. 133 as to punishment In- valid sec. KU partly condlcts with state law and void in part paynunt of tine after commitment plac of Imprisonment, how provided. county may contract with city for use of workhouse for contlnlng convicts. appeals from police court how tiiken costs in criminal cases fee-hill, how nuide and certified has no Jurisdiction In felony' cases sheriff to execute process of to attend on ST. I.olIS COURT OF GENERAL SESSIONS — establishment of Is court of record with criminal Juris- diction election and qualification of Judge.... apiMilntment of Judge to serve until Jan. 1. 1909 provisional Judge, appointment, powers and pay Jurisdiction of court and Judge salary and how paid Judge shall hold preliminary examlna- • lions clerk iif court for criminal ex-olficio clerk of d«puty, salar}-. seal, etc how must sign writs, process, etc inf' and i>roce8s pr condiirted by circuit at- t i assistants »«<».'urt and officers ,... -.r.ipher of. appointment, duties, J"""'"" etc. . . . . . . court . .„ deprived "I Ju' cases ST. LOris INIUSTRIAL SCHOOL. See llnmMot Rttntr. name House Refuge changed t" Page. Sec. 100 116 note y 100 117 100 118 100 118 note a 100 119 100 120 100 120 note b 100 120 101 121 101 121 101 122 101 123 101 124 101 125 101 126 101 127 101 127 note d 101 127 102 129 102 130 102 131 102 132 102 133 102 134 102 133 note e 102 131 note f 102 13.1 102 136 103 136 103 137 103 137 103 138 103 1«» 106 139 206 252 206 253 103 139a 103 103 139b isac 103 139b 103 104 104 139c 139d 139d 104 139d 104 104 104 104 I39e 139e 139e 139f 104 104 104 104 104 105 130f I39g 139h 1391 139J 139k 105 139 1 104 105 105 105 105 139m 139n 135n I39o 139p 105 105 139q 139r 105 139s 106 106 139t 139 u 106 162 139v 254 INDEX TO STATE LA\YS FOR ST. LOUIS. Page. Sec. ST. LOUIS LAND COURT. jurisdiction of transferred to circuit court 90 61 ST. LOUIS PROBATE COURT. governed by general law 97n ST. LOUIS (STREET) RAILROAD COMPANY. may extend road 215 603 may build branch 215 604 STOCK— See Animal!.-, Parki. STRAYS— .See Animals. procedure as to 79, 80 4 from adjoining county owner to liave notice in writing SI 1 STREET CARS — See Street Railways. STREET COMMISSIONICR— to furnish mayor maps of property benefited, when 212 • 587 STREET GR.A.DK.S— city may establish and change, remon- strances, when tiled, board of public improvements 211 5S5 n remuneration or damages, property benefited 212 586 maps of property benefited 212 587 proceedings heard by circuit court or judge in vacation 212 588 how proceedings begun to ascertain damages or benefits from grading or regrading c-ircuit court to retain jurisdiction.... STREET RAILROAD.S— bridges and tunnels for use by city may regulate street car gates and getting on and off cars citv council cannot increase rates of fare 213 592 company may change from single to double track 213 593 other power than horse power may be used time table to be posted in cars tickets to be sold to be redeemed and exchanged companies to jiay license passengers not to get on or off front platform, when fine for not selling tickets franchises conlirnied limitation of rights St Louis railroad may extend road.... may build branch Gravois railroad company authorised to build i-onditions of privilege CMtizens railroad company not to lay double track Missouri railroad company authorized to lay track like pi-ovisions as to same railroad... proviso imposing conditions on same railroad act amendatory of certain acts referenctr to certain cluirters may lay ti'acks. when ma.v constru<-t road, when section repealed can carry mails overhead wires, guard wires and fen- ders duty where tracks cross railroad tracks may operate over bridge connei-ting city with another state sales of roads, equipment, conditional. stock 212 213 589 590 87 27 213 591 213 594 214 595 214 596 214 597 214 598 214 599 214 600 214 601 214 602 215 603 215 604 215 605 215 606 215 607 215 60S 215 609 216 610 216 611 216 612 216 613 216 614 216 615 216 616 216 617 216 - 61S 217 619 217 620 217 217 621 622 218 623 218 218 219 624 625 626 219 219 627 628 219 629 219 630 219 219 220 630a 630b 630c INDKX TO STATK l-AWS Ki >K ST. LOl'IS. Page. Sec. conditional «• reeortitraet8 not Invalidated I'lTtain aeetlons of Htatutes not to ap- ply ri'c|uii'ementa for incorporating: street railroad companits powtTfl of corporation re<|iilrcd to accept provisions of this net Increase of capital stock and bonded intiebtidness preferred stoclt authorized certain si'cilons of statutes not re- pea Icil relation between United Railways and llie Transit Company 219 630 note t SUBWAYS— city may build or acquire powers of city. limitation of powers., city may Issue bonds SUITS AGAINST CITY FOR DAMAGES— rei|ulrlnK plaintiff to Join as co-defend- ant, person or corporation liable on same account 121 227 SUPKUINTKNDENT OF SCHOOLS — how appointed, term of ofrice, assist- ants 193 505 SUPREME COURT— JurL^dictlon over nominatini; conven- tions 149 318 SURETIES— on bond of constable or marshal liable. when 81 10 SURGERY AND MEDICINE— See AftdiaMf ami Surxrry. SUSPENSION— from office when Indicted governor to appoint successor restored to ofrice. after when SWINE — Se« Antmals. TAXATION OK MERCHANTS AND MANL- KACrURERS— liiwer rale of tax than that on real es- tate authorized 190 •195 reKulatlon of merchants and manufact- urers' licenses 191 496 note b TERM. SI'EClAI^See Sptxial Trrm. C.r.uit Couwl TOBAao INSPECTION OK - See Inspntion TOWER GROVE PARK— See Parks. TREASURER— See Ci/y TVrtWuro-. TUNNELS— See Bridjin and TuHneh. UNITEl- STATES SENATOR— See /'„»/.j„ F.lt,ti.m lor f. S. Srnaliir. VACATION— powers of JudKe in 92 75 VENUE. CHANGE OF— See Cimit Comrt- l »amtf ,>/ I 'mur. In other division for criminal causes In case of prejudice or Interest 9 4 85 88 14 88 44 88 45 256 INDEX TO STATE LAAYS FOR ST. LOUIS. Page. Sec. VOTER, BRIBERY OF^ at primary election 155 31 VOTERS— qualifications of 130 256 VOTERS. REGISTRATION OF— See Elections and Resistration. WITNESS FEES— in court of criminal correction 98 111 how taxed in court of general sessions 105 139o WORK HOUSE— court of criminal correction shall sen- tence to. when 102 133 sentence includes hard labor, rules.... 102 134 payment of fine after comriiencement. . 102 135 county may contract with city for use of for confining convicts in 103 136 WORLD'S FAIR AND CENTENNIAL EXPOSITION — laws with reference to 223n laws not given in full, because general 223n WRITS OF ERROR AND APPEALS— from judgments of court of criminal correction 101 127 PART II )R(k\NK rROX'ISIONS RELATING TO nil-: MUNICIPAL GOVERMENT OF THE CriA' OF ST. LOUIS. XCORPORATIOX OF THK TOWX OF ST. LOUIS. ('HEME OF SEPARATION AND REORGANIZATION. (ANNOTATED.) CHARTER OF THE CITY OF ST. LOUIS. (ANNOTAI ED.) INCORPORATION OF THE TOWN OF ST. LOUIS. TLe tiiuii of Si. I.imis was tirsi iiKoi-poi-atcd mi ilic inli ilav of November, l^i01•. liv llic foiii'l of t'otiiiiioii jilcas for the ilistriit of St. Louis. ii]ion lilt' iM-litioii of iwo thirds of tlie ta.xahk' iiilialiitauts, undcf authority of an art of the iejtislature of the Territory of Louisiana, passed June IS. INtiS. entitled "Au act concerniuf; towns in tiiis Territory.'' The jud;,'t's const itutiii^ the eourt were Silas IJent, president, and Bernard I'ratic and Louis I^eUeaimie, .-issociates. The charter i^raiited hy the court was ihc only (uic under whicji the town existed until ISlil!. when it was incorporated as a city. It is to he found in the records of the court, in hotik A. ]ia{;e '.VM. in the followini; words: "On jK'tition of sundry inhabitants of the town of Si. Louis, prayinj:; 141 niiicli of said town as included in the following limits to lie incorpor- ;ite«J. to wit : He^innin}; at Antoine Koy's mill, on the bank of the Missis- ^•ip|>i; thence runnin*; si.xty arjients west; thence south on said line of sixty iir|K'nts in tlie rear, until the same come to the I?arriere Denoyer; thence line ,soutli until it comes to the Sui;ar Loaf; thence due east to the Mis- >ii»sippi: from thence, by the Mississip|)i, to the place first mentioned. The iiiurt liaviiif,' examined the s.iid petitiiui. and tinditij; that the same is ^i^iied by twotliii-d.'« of the taxalile inhabitanls residing in said town, >rder the sjiine to Im- incorporated, and the metes and bounds to be siir- .••yed aiul iiiarkeiL and a jdat thereof filed of record in the clerk's office. And havid Melaunay and William ('. Carr are appointed commissioners >> »u|>«'rintend the tirst election of five trustees, in puisu;nice of the law." I .Miin. <'odi'. p. 177.1 •A hl.iiory of tin- I'lirly rliaTtiTs of tti<- City of St. Louis may be found In the Inlroiluitory nolo to Mr. McQulllin's valuable worlt "Amended Charter of St. Louis," 1901. The author also treats of the developments until the adoption of the present charter. OS SCH BiVTE FOR THE SEPARATION AND REORGANIZATION OF THE GOVERNMENTS OF THE CITY AND COUNTY OF ST. LOUIS AND THE ADJUSTMENT OF THEIR RELATIONS. SCHEME I-OR THK SEPAKA rioN AM) U'KOKGAMZ ATION OK THE GOVERNMENTS OF THE CITY AND COUNTY OF ST. LOUIS AND Till'; ADJISTMUNT OF TIIICIR RFXATIONS.* SECTION 1 li.in><.liirli'a. TiTrltory of now fouuty. .ml county declared separated; • ■>rltv of roiinty Court annulled. i 1 -^ for St. Louia ml representative ■ I; county seat. ♦ 1 inty Court to order election iber. 1S76; duties and re- itles of Court In connection iratlon. Sheriff. Coroner and Pub- nl.Htrator for city; dutle.s ■ ••n,Hatlon. iial to assume duties of i-r County Marshal. • of County rx-ollicio Collector; ' I'Tk of County rx-otlicm Recorder; present Recorder continued In of- ^ tlon of taxes un- of Collector and . 'ncys; uncollected ofllce of County Auditor ■ "irt to transfer public bulld- ^ moneys, etc.. to city; Mayor r.'inin or dlschargt- appointees Idle buildings, parks, etc., ■ d to city; assumption of '-i debt by city. ■al Assembly to provide for ' V debt. fy under Charter; Ml Assembly: city '•• nil-. I In April, is;-. rinnci- and Its duties; term Treasurer to cease, when; 'tlons for school p\irposes; county payable to elty. ■ and Constables; •< and Notaries. '(> and *_;ounty Surveyors. ' '; how selected and sum- moned. 2S. Grand Jury; how paid. 20. Costs in criminal cases. 30. Petit Jurors; how seli'cted and sum- moned; Jury Commissioner contin- ued In office. J 3t. Petit Jurors; how paid. 32. Collections payable Into City Treas- ury; payments into Count.v Treas- ury; appropriations by Municipal Assembly. 33. Poivers of former County Collector vested in Sheriff of county. 34. Authority of Municipal Assembly as to revenue. 35. Regulations as to animals running at large. 36. School Districts Intersected by cltv limits. 37. School property transferred to St. I»uls Public Schools. 38. Enumeration of children within school ages; division of school property. 39. Expenses of Board of Freeholders. Ak?.J° ''■'''. "' adoption, and the effect thereof, etc.. see Introductory note to Lnarler. under "General Considerations Respecting the Charter." SCHEME OF Si:PARATIi>N AND RKORGANI/iATION. 205 Tlu' lolhiw iii^' Sclu'ino U ichitioiis hetwwu said city and county so tliat thoy shall hcrcaftiT Im- iiidc|i('iuli'nt of each other, is hei'el)y adopted as tlu^ orjiauic law thereof. Sfcticn 1 UoiiiKlarit's «»! (In- City of SI. Loiii.s — Torrilory of St. liOiii.s Coiiiity. — The Ixmndaries of tlie City of St. Louis are lieieliy eiilar;;ed, settled and established as follows: The ciirporaie limits of the City of St. Louis shall coiiiiirise all lluu ilistriarallel to the center of the Kiver des Peres, and 2(M) feet south thereof, to the eastern line of the l.emay Ferry road; thence westwardly to a |>oint in the west line of said Lemay Ferry road at its intersection with the center of the \\'eber road; thence westwardly alonj; the center of the \\eber road to its intersection of the east line of lot (1) one of the Caron- delet Coiniuons, south of the Kiver des Peres; thence westwardly to the .Houtheast corner of Rudolph Overman's, or nortlieast corner of B. H. Ilanr's laiul : thence westwardly to said Ilaar's nortliwest corner; thence northwestwardly to a point in the «-enter of the firavois road ((itlOi six liiindii>d fit't southwardly from the center of the bridjre across the River lion Peres; tlieiice northwestwardly to the southeast corner of lot ( ."U ) thirty-one of the subdivision of the Mackenzie tract in I'nited Stales Survey one thousand nine hundred and fifty three (1,!)."):!) thence north- ^•ptttwardly in continuance of said last mentioned line to the southern line of lot twenty «ine (Ul ) of the subdivision of tht> said ^[ackenzie tract ; thence northwestwarclly to a jioinl in the southern line of Cnited States Survey J,035. tweiitysi.x 1 2f! i chains ea.stward from the southwest corner of said -Hiirvey ; thence northwardly to a j>oinl in the north line of the subdivision i>f East Laclede, si.x hundred ((iOO) feet west of the McCausland road; '••••nee northwardly and parallel with the center of the McCausland road, .1 |K»int on the Clayton road (tiOO) six hundred feet west of its iuter.sec- iiin with the McCausland road: thence northwardly and parallel with the Skinker road, and iliOOi six liundri'd feet west thereof, to its intersection 'li the old Konliomnie road: thence northeastwardly to the intersection 'he c»;nter lines of McLaren avenue ami Mead street: thence in a north- eautwardly direction to a jtoint in the Hellefontaine road (000) six hun- dred Ui'\ north of its intersection with the Columbia Bottom road: thence I northwardly and parallel with center line of tlie Columbia Bottom rwad to tlie northern boundary line of United States Survey nundier (114) one hundred and foni-ieeii ; thence eastwardly alonj; said lint- to the center ! of the main rlmnni'l of the Mississijipi river: thence with the meanderinfis ' of Mid channel southwardly to the point of be<;innin;,' ; and the residue of what now constitutes the County of St. Louis shall hereafter be called 8t. J.oni« t'oiinty. S«« nolo tn .^rt I. Ser. 2, of thr rtinrtT Se<- J ( il\ iiiiil Coimly «1<>«-Lir(>«l .scpiiratcd ; autliority "f Cniiiity Court aiiniilhML— The City of St. Louis, a.s described in ^the pn-ccdiii^ seciioii. and the residue of St. T^ouis County, as said county |i« Dow con.stitufed by law. are hereby declared to lie distinct and separate u 266 SCHEME OF SEPARATION AND REORGANIZATION. iiiuuiti])aliti('s, iuid all aulliorily lieix'toforo exei-fiscd liy Ilic County Court of St. Louis County, or any officer of said county, is liei-el)y forcvci- abro- gated and annulled. exce]>t for the inirposes and in the cases as hereinafter jirovided. Sec. :5. Kloctioii of oHioers fsiding Justice of said County (^'ourt shall be elected at large by the qualilied voters of said county. Said county shall be divided and numbered in the same manner into two Representative Dis tricts, and until otherwise districted by law, one Representative in the General Assembly of the^ State shall be elected by the qualified voters of each of said districts. Immediately succeeding the election in November. 1876. and when the result thereof is officially determined as hereinafter jirovided. the Justices of the County Court shall meet at James C. Sutton's house, on the Manchester road, for the ]>urpose of organizing the new government of the county, deternuning the bonds of the county officers, and makinjr such appointments as may be authorized by law. Said Court may deter- mine at what place in said county said Court shall meet and the county offices be located until the question of a ])ermanent seat of justice may be determined. And for that ]>urpose the following persons shall be and they are hereby a])|)ointed Commissioners, to-wit: Robert 0. Coleman. Wm. W. Henderson and Thomas 'T. Sapjiington. who shall, after the Scheme goes into effert, select a suitable ])lace for the count seat of said county, and ro lK)rt such selection to the County Court of said county, when it shall be the duly of said Court to submit to the qualified voters of said county, at a sjiecial election to be ordered by said Court, within six months from the filing of said report, the question as to whether the place .so selected shall be tlie ])lac(> for the permanent seat of justice of said county; and if a ma jority of the (pialificd voters of said county, voting at said election, shall he in favor of said location, then the same shall be, and remain the seat of justice or county seat of such county; but if a majority of the qualified 4k srni^Mi: of si:i'ai:.\ti< p.n .\ni> i;i:i>i:i; am/ atii in 2()7 voters. Milinji at smli ficrtioii. shall lie a;,Miiisi siiili ImatiKH. tlicii the pcf- inaiit'iit scat nl' jiislicc shall he cstaiilishcil in (lie iiiaiitu'i- as at |ii'fsciit jii'o- vi(les<'iit Connie Court to of<■( ion Novoiii- Imt. IS7<> — (lnli«'*i iiiul iH'spoiisihilini's «»r Coiirl in i-onncction with >«>piii'alion. — 'I'lif pi-.-.-..'iii ('(niuiy ('(Hirl uf Si. Luiii.-. County .shall order and make all necessary ari-an};eiiKMUs lor the general State election in Noveiiilier next, anil shall order at the same time the election of the Justices and (dTicer.s for St. Louis ("oiinty, as specified in the ]ii'e- I'cdin;; sectit>ii, and the meiiiliers of the present County Court thereof shall continue in authority and in tlie discliar-je id' their present duties, except a» herein otherwi.se provided, until the new County Government is orjjan- ized. and the jiropei' county ofticers. as ]irovidi'd herein, are comiiiission(>d anil i|ualilied. and ihereuiioii their terms of office and that of Clerk of said Court shall cease, and the offices of Justices of the County Court and Clerk of the sjiid County Court, as now established, shall be forever abolished: Proriiliil. That nothin<; in this section shall relieve said Court and its iifficers and employees from full res|ionsiiiility for the iiianafjcmeiit and custody of all interests and pro]i(M't.\ of the County of St. I.ouis. as con- Mtitiite — (liili<'«> aixl coniiM-nsat ion. — It .-IjmII 1m ili. duty of the .Ma\or of the City of St. Louis to order an election on the same day iM the p'lieral election in Novend>er. iSKi. and every two years thereafter. for n Sheriff for the City of St. l.,ouis. and Coroner for said City, who shall lie eh'f-ted by the tpialilied >oiers of said city, and shall hold their offices for two years and until their successors are duly elected and iphilitied. and [they shall Ik- commissioned by the .Mayor. .\ Tublic Adininistralor for , !«iiil city shall also be elected at the jxeneral election aforesaid, and every I four yeaitt thereafter, whose term of id'fice shall be four years, and whose I'-s shall In- as provided by la\N. The otVicial bond of said olficers lil Ik- lixed and di'termined b\ the .Mnnii'i|ial .\ssembly. in conformity i»ith the constitution and laws; and pciidiii;; sinh action the Sherifl", Coro- iier nnd Public Administrator shall ^ive bond in such amounts as now in-quin-d of like ofticers for the present County of St. Louis, with not less than two securities, owners of unincumlM-reil real estate in the City of St. d.otiis. to |m> approved by the Mayor: and said bonds, when so approved. shall Ih- tiled with the Keijister: and said ofticers shall res]K'ctively perform within the city limits such duties as are now provided by law in ref^ard ito the SheritT. Coroner and Public .\dminislrator of St. Louis County, and 'I receive the same com|H>nsation allowed saiil officers of St. Louis luty prior to the adoption of this Scheme, until otherwi.'^e provided by 268 SCHEME OF SEPARATION AA'D REORGANIZATION. law. Tlie Ci)iouei- shall di.s»Larjfo llie duties ol' .Sliei-ill iu ail oases in « hich Coroners are autliorized to discharge those duties by law. See a.s to elections, term.s. etc., note to Charter, Art. IV. Sec. 1. The adoption of tile .ScIiciTie and Charter was at first supposed to be defeated, and no election for sheriff was called in November, 1876, (or the City of St. Louis- but the office of the old county no longer existed owing to the fact that the Scheme of separation had actually as it developed, been adopted, and it u'as held that one elected as sheriff for the supposed county had no more than color of title and it devolved on the Governor to appoint the first lawful sheriff: State ex rel. vs. Finn, 4 Mo. App. 347. Duties and Powers of Sheriffs and Coroners in St. Louis, see references in notes to Charter, Art. IV, Sees. 14 and 31. Sic (i. City Marshal to a.s.siiiiie duties of t'oriniT County Mai'slial. — The Marshal of the City of St, Louis, iu additiou to his other duties, shall assume aud discharge all the duties heretofore discharged iiy the Marshal of i^t. Louis County, within the limits of the City of St. Louis; and the jn-esent County ^Marshal shall deliver to said City Marshal all books, docuiiK'iiis and pr()](erty of every kind iu his ]»ossessiou by virtue of said office, exccjit such in-ojierty as may properly belong to the reorgan ized Couuty Government, which shall be delivered to the Sheriff of St. Louis County, elected in November, 1876. Effect of Scheme on old county marshal was to abolish the office and confer same on the new city marshal until otherwise provided, etc.: See discussion as to duties of marshal, sheriffs, etc., in State ex rel. vs. Mason, 4 Mo. App. 377. Duties of Marshal: See also Scheme, Sees. IS, 27, 30; Charter, Art. IV, Sec. 31; Rev. Code, Sees. 1329-1339. Sec. 7. County Slieriflf ex-otticio Collector— County Clerk t^x-otlieio Heeor«ler — present Hecorder to eontinue in ottiee.— The Slierih of St. Louis County, elected as jirovided in section 3, shall be ex-officio Collector of the revenue of said county; and the Clerk of said County Court shall be v.r-officio Eecorder of Deeds for said county; and the present Recorder of Deeds for St. Louis County shall hereafter be known as Recorder of Deeds, and shall hold his office for his term as now prescribed by law, and until his succes.sor shall be elected aud (lualiticd; and at the general election in November, 1878, and every four years there- alter, a City Recorder shall be elected by the qualified voters of the Citv of St. Louis. .Sheriff as ex-nfficitr coHector of St. Louis Co. under this section: See Webster vs. Smith, 78 Mo. 163. ^' Sec. 8. Assessment and eolleetion of taxes under S<'henie — duties of Collector aud Treasurer as to moneys — uncol- lect e«l tax-bills — office of Ci'oper officer for the use of said county; but if this cannot be done, or can be done only in part, then abstracts shall be made thereof and the cost of same ])aid out of the City Treasury. The present State and County Collector shall continue iti office until the expiration of his official term, and thereafter his duties shall be discharged by the (-ity Collectoi', and upon this Scheme going into ojid'ation the said State and County Collector shall pay over all collections for city and county taxes levied for general purposes, and for licenses collected within the city limits, as herein extended, and all county taxes for interest and ])arks, to the Treasurer of the City of St. Louis; and all collections for county and school taxes on pro])eriy and licenses, excejit all cduiity taxes for interest and jiarks, in St. Louis County, he .shall jiay to the present County Treas- J SCHKMP: (tV SKPAUATIDN AND UK< )ltr. ANIZATION 209 urn-, until ilir rii'asmci- ol saiil rmmiv is clcclcd, as iiroNidcd lor in sec tioii ;{; and wlii'ii tliat idfut'i- has duly (|iialitit'd, llic iiirsent County TreasiinT sliall pa.v oxer to him all .sui-h colloclioiis I'oi- thi- use ol' said couiiiv. and Irtiin and al'iiT the tiiiic (he ("iMinty Treasuivr of St. jjniis I'tiiinly. as nuistituled liy tiiis Scheme, is elected and i|iialified, and diifiiiy; the rDiitinnance in (il'tice id' said Coiintv ("ollecldr. lie shall in like manner |>a\ i>\er all revenue cidlect ions, aliove nuMitioiK'd, to the City and ( 'Dimly 'I'reasufers respect ively. At tlu> close ol' liis term of ollii'e he shall ell'ect a wttleinent with the city and cotmty authoiilies, and shall account: for all lax hills placed in his possession, and shall turn over all uncollected hills in his possession, as follows: To ihc ("omijtridler all tax-bills on pro|H'rl\ within the city limits as herein estahlisheil, and to the Clerk of the Si. l.onis County Court all tax hills on projx'fiy outside of <'ity limits. The oftice of County Audilor. as il at present exists, is aholished, hiil that oflicer shall continue in oftice, and lie resjionsilile on his boiul until all iMMiks. ilocnments, moneys, and other ]iroper(y in his hands, or under his charjie liy virtue of his office, have been ju'operly accounted for and turned over to the parlies autlnu-i/ed hy law to receive them. The assessment of prn|n-rly for the taxes of the year 1ST7 in the city as constituted by this .•"Jclieme. shall be made by the I'resideut of the Hoard of Assessors of the present County of St. Louis, in the manner provided l).\- law; said ['resi- dent shall kiH-|> a separate set of books (or the property in the city as now constituted, and for that in the enlarged limits of the city. As soon as the a.xsessment books for the city and fiu- the (Milarjjed limits shall have been ■ Dinpleled and corrected as re(|Uired by law. they shall be turned oxci- by -*aid ['resident with the other books and |)lals of his oftice to the ]>ro|)er iiflicer of said city, .\tter the assessment books have been corrected, the President of .Assessors shall make out a fair cojiy of the same and shall make all abstract of said books, showinij; the amounls of the several kinds of pro])- •Tty taxeil, specifyin;:: First, tlie amount of all i)ropcrty within the old limits of the City of St. Louis, second, the amount of value of all ])roperty within the new or extended limits, and outside the old limits, and add thereto Iii8 cerlilicate that the same contains a true and correct list td' all taxable |>ro|H'rty in the City of St. Louis, so far as he has been able to ascertain the same. Said abstract shall be veritie;T7. As soon as the As- s.'x.Hor of St. Louis County shall be elei-ted and rpialitied. the ['resident id' the Hoard of .\ssessa|N>n« appertainin<; to the pro|ierty of said county, as herein provided, and ■ .Ml l»e the duty of the .\ssessor of said County to assess the ]>i-operly of . i-oiinty in the same manner as now jirovided by law for other counties f'i this* State. See. !). (' Coiirl to triiiisftT piiltlie liiiil(liii'>'s, iiioiM'ys, Vtr., t«»('it> — «'niplo\cs fo ronliniM' until, (*<<'. .Ma.>«»r may retain i»r «li«»eliary;<' appoint <'«■>< of ( 'oiirt. — It shall In- the duty of the ])resent iit\ I'onrt of .s;t. Louis County to see that all buildiii;;s. moneys, and !• property lielonj^in;; to the counts, whiih are jdaied undi'i' the control lie city under this Sidieme. shall Im- foi-inally and projierly Iransferred. I Court shall cause all records, books, jiapers. etc.. now in the office of laid Court to lie turned over to the Hefji-ster. who shall duly schedule same. nd re|M)rt the same for inspection of the Mayor. .Ml employees and officers |n>W in the service of the county in connection with puldic institutions or ' • rn i,s«>. under appointmeni of said Court, and wiihin the limits of the of St. Louis as hi-rein established, shall toiitinne in the discharjre of liit'ir duties under the present ruli-s and re;.MilaI ions until notitied to the con- rarv by the Ma\or of the litv, who shall haxc aiiilmriiy to retain or for 270 SCHEME OF SEPARATION AND REORGANIZATION unlitiK'ss (li.scliaific siuli as lie iiiav (Icem necessary and to till any vacaneieh that may occur, until the Municiital Assembly can provide by ordinance for tlie government of sucli institutions and regulations of such service. The mayor, under this section, Iiad power to remove or suspend, pending the period of doubt as to the adoption of the Scheme and Charter: Howard vs S* Louis, SS Mo. 656, 660. Sec. 10. Title to public buihliiififs, park.s, etc., transferred to City — assnniptioii of County «lel)t by City All the imlilic liuildiiios. insf itutious. [)iiblic jiarks. and property of every character and desci-iptioii hcrelolore owned and controlled by the County of St. Louis, within the limits as extended, including the Court-house, the County Jail, the Insane Asylum and the I'oor-house. are hereby transferred and made over to the City of St. Louis, and all the right, title and interest of the County of St. Louis in said i)roperty, and in all public roads and highways within the enlarged limits, is hereby vested in the City of St. Louis, and divested out of the County; and in consideration of the city becoming the pro)»rietor of all the county buildings and iiro])erty within its enlarged limits, the city hereb.v assumes the whole of the existing county debt, aad the entire jiark tax; and the ^lunicipal Assembly shall, as soon as ])rac- ticable after the adoption of this Scheme and Charter, provide by ordinance for the management of the property and public institutions hereby placed under its charge. Cited in St. Louis vs. W. U. Tel. Co., 149 U. S. loc. cit. 469. Title to public prop- erty under this section passed to the city: St. Louis vs. Ry., 114 Mo. 1. c. 20. The insane asylum is a private institution belonging to and controlled by the City of St. Louis, and is not included under the general statutes as one of the State eleemosynary institutions: State vs. Selbert 123 Mo. 424, 429. See Charter provisions as to insane: Art. Ill, Sec. 26. Clause 3; -Art. XII, Sec. 5. Ordinancef. Rev. C, Sec. 747 ri ieij Under section 10 of the Scheme the Building Com'r and not the Criminal Court appoints the janitor: State ex rel. vs. Smith, S2 Mo. 51. Sec. 11. Municipal Assembly to provide for payment of KiOOHi; AN IZATION. •_); I all iil\ iill'ifi's. fxci'iit ilic Muiiiiipal AsscimIiIn ami siu li oltiics wluisc iiiciim- iM'iitM HIT s|K'(irnall\ loiiliinicd in otlico fill tiic expiration of tlu-ii- (criii by this Siliciiic and t'liaricr. and all aii|i(iintivc tilliccs of the cilv of of an\ of its di-partuit-nls. shall In- \araiii lidui and altt'i- llii' city clt'ction pro\idod for in till' t'harli'i-. to Ik- held In A|.iil. IST7. and shall lie tilled hy the oflicers then elecied. and liy appoint nienis liy the Mayor ami ollicers then eleeled. as in snih Charier picseriheil. S, . |:; 15l limine*' :iii(l its diilies teiiii of ('«Miiify rreiisiirrr «-«';i>»'>, \\ hen — (;i\ eolleeli:il>h' to City. — A Hoaid of Fiiuiiiee is InTehy realed. lo eonsisi of ilie M.ivor ami » "oniptfollei- of the City of St. Louis and the .liistiees of the tdiiiiiv ("ouft fi-om ihc I'ifili ami Sixih Distfiets of St. Loiiis Connly, whose dni.\ it shall lie. iniine the hamls of the present County Ti'easnrer after this Scheme shall jio into i>|MTation. The term (d' the ]>re.sent County Treasnrer shall cea.se when ihe Tn'asnrer for the County of St. Louis, as herein consliinted. shall ha\(' been elecied and ipialitied. The Connly Auditor shall projierly acconnt for all schiKtJ moneys for which he is in any way responsible to Ihe projier antiior- ities, and all tax collections for school purposes, made either by the Cily or Comity of St. Louis for tiie i>resent or any otlier year, shall he applic'(l only to the sn|i|iorl of (inblic schools. All debts and obli<:alions due or |>a>able. or lielon;.'inu lo the ]iresent County of St. Lonis. shall be consid- itmI due and ia.\al)le to the City of St. Lonis; and the rijihl to sue for and t<» adjust and colleit same, or any part thereof, shall be vested in said city. The ainoiiiit above as»-ertaiiieil ftn- Ihe |»aynieiii of iiiircni cx|ienses shall U' paid in the m.'inner provided by law onl of I lie sniii almM- reserveil for .lUi'h purpose. See. 14 >li-t ropolitiin l*«»li«'t'.— The Metro|)olit«n Pidice force of I'itv of St. Lonis. as now esiablislu-d by law. shall be maintained at Ihe ■ of the Cily of St. Lonis; I'liiiiilcil. hmririr. That the .Melropoiilan i'olice of the City of St. Lonis shall ha\e the same jiower and jnrisdici ion ill the Connly of St. Louis, as consiilnied by this Scheme, as now provided l>y hiw : I'loriiliil. That upon a jietition of the County Courl of Sr. Lonis Ciiiinly the Itoard of I'olicu Commissioners shall a]i]i(Mnt and eipiip not If than twenty policemen, as provided in the a7, for duty in said i-ounly. The cost of ei|ni|>]dn^ and mainlainiii'; said ijxilkv shall Ih- paid l>y the county as herein eslablished. Charter F'rovlxlona i-onct-rnlnK PoIIop: S<-o Chnrti-r. Art. III. Sec. 26, Cliiuiie 2; I («nr1 SI-. rnte thereto); Art XVI. Sees. 16. H; State law now rontrols. as to ^' ' 'ijf amU pp 174 to 1S2. "IjiWii Applk'nblr to St. I-ouls." Sees. 427- I'm '■ •'- Sec. H of the Scheme In so far ns It purportH to confer pi>\Vfr "^ n on the city police to net In the County of .St. Louis. 1h superseded and .•iiiiiui;. ,1 by the nietropnllian police net of 1S99. and the police force of the city have no niithorlty to net na such In the county: State ex rcl. vs. Stoble. 191 Mo. It. (MnrshnU nn.l Valllnnt. J.I.. dissenting). 272 SCHEME OF SEPARATION AND REORGANIZATION. See. lo. Justices of the Peace and Constables— bonds of Constables and Notaries — Until othei-wise jn-ovided by law, all the present Justices of the Peace and Constables sliall hold their offices until the expiration of their present terms, and only such Justices and Con- stables shall be elected in November, 1876, as may be necessary to fill va- cancies. All commissions of Justices of the Peace and Constables elected in the City of St. Louis shall be issued by the Mayor, and a record thereof kept by the City Register. All bonds of Constables, and of all Notaries Public appointed, shall be approved by the Mayor, and a record of the same sliall be kept in said Register's office. It being at first supposed that the adoption of the Sclieme and Charter were de- feated, the act of tlie county court in approving a constable's bond in the interim was validated by the rfr- fado principle: Schaeffer vs. Bernero. 11 Mo. App. 562. 564. Approval of Constables' bonds: See Rev. Code, section 1506 and 167S. .\s to Justice of the Peace and Constables generally, in St. Louis, see "Law.s Specially Applicable to St. Louis," sections lT.'!-204; also Rev. Code, sees. 1324-1328. Sec. 16. City and countj' surveyors. —The Mayor of the City of St. Louis, with the a])proval of the (.'ouucil, may appoint any number of competent persons, being civil engineers, as City Surveyors, whose duties and jiowers shall be as now provided by law in regard to County Surveyors; but all ajiplicants shall produce satisfactory testimonials of good character and competency, and when appointed shall give bond in the sum now required by law from surveyors in St. Louis County, and the County Court of St. Louis may appoint County Surveyors under the same restrictions. The jiresent County Surveyors, commissioned by the County Court under an act entitled "An act to amend clia])ter 27 of the General Statutes of Missouri relating to County Surveyors," approved ilarch 25. 1872, may continue in authority and in discharge of their present duties in the City and County of St. Louis until the expiration of the commis- sions held by them respectively, and the said City Surveyors shall have power to execute in the County of St. Louis all orders of the Circuit Court of the I'viglith Judicial (Circuit, as they were authorized to do before this Scheme went into operation. Ordinances as to City Surveyors: Rev. C, Ch. 2, Sees. 235-23S. Sec. 17. Notaries Public. — All Notaries Public now commissioueil by the Governor for St. T>onis County shall exercise the official powers and duties of such office within the City and ("ounty of St. Louis, as con- stituted by this Scheme, and the City Register shall keep a complete record of all Notaries acting within the City of St. Louis, and of their bonds aud the dates of their commissions, and of the expiration thereof. Sec. 18. Powers of Sheriffs of City and County — duties of Cit>' Marshal The Sheriff of the City o"f St. Louis shall, within the limits of said city, exercise the authority now vested by law in the SlieritT of the County of St. Louis, and after this Scheme shall go into operation, all writs and otlier process which are now by law provided to be executed by the SheritT of the County of St. Louis, within the city limits, shall be directed to and executed by the Sherift' of the City of St. Louis. The City Marshal, after this Scheme goes into oiieration, in addition to the duties now required by law to be performed by him, shall, within the city limits, exercise the same power and jierform the same duties as are now provided by law in regard to the County Marshal. And the Sheriff of St. Louis County sliall execute all jirocess directed or delivered to him by any court of record of the County of St. Louis, as are now established by law. Sheriff: See Charter. Art. 4. sec. 1 note; deputies of marshal and sheriff: Charter IV, sec. 14. Ordinances as to marshal see R. C. Chap. 13. Art. 5. sees. 1329-1333. As to whether sheriff is state •r cltv officer see note to Charter, .\rt. IV. sec. 43. SCHKMFC OK SKPAIIATK^N .\NI> REORGANIZATION. • 273 Set'. 1!>. .Iinlffi's of KIcctioii for \ov«*nilM'r, I.ST(> — rt'liiriis, 0. Tilt' Jiiilf^'fs ot' llic Kl.'ciiuii till- Slate ami ulhcr orticcrs tit lie licM N((Vfinl«'r, l.STU. ami lor uliirfrs of the city ami inmiity as provitk'il tliis SclicuH'. sliall lie a|i|iiiiiiit'il as miw provided U\ law, and tlie same nl;;es shall act ill the eleclioii lor rily and coiiiilv ol'liiers at such No iiiIhi- election. 187(1, and (he reinnis shall lie made to the cleck of the eseni (ouniv t'oiifl, who shall ollicially ensa- )n shall Ih- the same as are now provided liy law. S«'c. L'l. City may liohl real estate in county. — The City St. Louis may purchase, take and hold real estate in the County of St. Miis for the use of the city. St. I^ml.-" mny liold proporLv outside city limits, etc. Charter. Art. I. Sec. 1: and note tln-ri'to. Sec. JJ. Salarie.s ol .jinrM-ial «»llicers Intil otherwise jji-ovided law, the siilaries of all the judges of court.s now jiaid out of the County i-easury, and of all judicial oflicers not affected by the operation of this lieiiie, shall tw jiaid ]iroportioiiately hy the City and County of St. Louis, cording to the aggregate of taxable values in each; and to carry out this 1 tion the .Mnnicijial .\sseinbly shall annually jiroxide lor ]iaying such >fs, and it shall be the duty of the County C(Mirt of said county, and ling olilig.'iiion thereon, to pay into the City Treasury annually an louiit npial to the pro])ortion of the expenses herein indi<-ated; and the ■ ii-oni of said city may make any temporary arraugemeiit necessary to jry out the provisions of tiiis section, until the Municipal Assembly can THJatp the subject by ordinaiue. 'S-\ Tax liiljs on properly interseet examined and stamped, and they shall next, with the least pnjricable delay, l>e roturned by the Comptroller to the Collector for col- 274 SCHEME OF SEPARATION AND REORGANIZATION. lection. The old t;ix-l)ill.s licreiu above named shall likewise be by the President surrendered to the Comptroller, who shall cancel them. Sec. 24. Authoritj' of County Court conferred on Muni- cipal A.ssenibly. — The Muuicii)al Assemlilv shall have ])<)Wer withLu the city of St. Louis to do all acts and jjerlorm all functions not other- wise provided for in this Charter and not inconsistent with its terms, which have heretofore been done and performed by the County Court of the County of St. Louis. Section cited: Kenefick vs. .St. Louis, 121 Mo. 1. 9. Sec. 2.3. Admission to Poor-house, Insane Asylum, etc.— Until the ('ounty of St. Louis, as oi'fianized by this Scheme, shall other wise provide, the ('ounty Court thereof shall be authorized to send the pauj)ers of said county to the Poor-house, or County Farm, now in use. and the insane j)aupers of said county to the Insane Asylum now in use. and for the maintenance of such paujiers shall jiay to the Treasurer of the city the cost of maintainint; paujiers in those institutions, to be ascer- tained by the annual reports of the same. As to insane asylum see Rev. Code, Sees. 7.53. 747 and references in notes ' thereto. As to poorliouse see R. C. Sec. 773 and note. Sec. 26. Prosecuting Attorneys and Clerks of Eijflith Judicial District continued in office. — The Circuit Attorney and Assistant Cir- cuit Atto)-ney for the Eiolith Judicial ("ircuit. the Pro.secuting- Attorney,' the Assistant I'rosecuting Attorney, and the ("lerk of the St. Louis Court' of Criminal Correction, and the Clerk of the St. l^ouis Criminal Court, shall continue to hold their offices and discharge the duties thereof, as now jirovided by law, until the expiration of their respective terms of office, and until their successors are duly elected and qualified. Sec. 27. Grand Jury, how selected an•* costs, such costs shall, after that time, be paid out of the City Treasur, and in like ca.ses occurring in the County of St. Louis, shall be paid out ■ the Treasury of the County of St. Louis. Sec, :>0 Petit Jurors — how selected and summoned— Jui (\>mmissioner to continue in office. — FVtit jiir e.xpiralion of his official teriii. and perform all le duties now re(|uired of him by law. Jury ConuiilssioiuT. siiiiiinonlriK pt'tlt Jury, .'tc: Sco R. .S. 1S99. Sees. 6539-6570. (S«'t out lifniii anir pngi's 106 to US. under L.a\v.s Spec, .\ppllcable to St. I..OU1S, S'lH H'i-17::.) Ordlnani'c on Jury Coinr, see R. C, Sec. 1334. SiM'. :>1. l*<'lit Jurors — how piiid. — Fm- all senices of ])etit jurors iidered in the t'irciiii ('ouri of the I'.i^hlh Judicial Cii-cnit, they shall • paid out of the City Treasury, and for all such services i-eiidered by citi- iiK of St. Louis, in the SI. Louis Ci-iniinal Court and the St. Louis (\)urt r Criiiiinal Correct inn, ihey shall be paid out of the City Treasury, and ir all such services rendei-ed in the last mentioned courts by citizens of t. Louis County, they shall be paiil out of the Counly Treasury. Pay of Petit Jurors: R. S. 1S99, Sec. 6562. set out liereln anlt page 112. "Laws Specially AppUoable to St. U." Sec. 163: Ordinances, sec R. C, Sees. 1335. 2412; In police court, see R. C.. Sec. 1297. S«>c. :!_'. Collections payable Into ("ity Troiisury — i)aynnMits ito County Treasury— ;ip|>ro|>riati«»ns by ]>lunieipal .\ss«'nibly. Ill :ill 1 :iscs where, accoldilli: In llie l;i\\s in force ll|> to the time when lit) Scheme shall yo into o|(erati(>n, any [uiblic oflicer or other ju'ison as re^iiiired to pay an.\ money c(Mniii<; into his hands from any .source liatever into the County Treasury of St. Louis County, and where it is it otherwi.s4' provided in this Scheme, or tlie Charter framed under it. ich ofticer or |MM-son sliall, after the time aforesaid, pay all such money Ito the Treasury of the City of St. Louis, at or within such times ;is • was theretofore re(|uired to pay the same into the County Treasury; id if no lime shall be pn-scrilied by law for anv such |)aynieiils. then he Nill pay the same iiionilily on the tirst .Monday of each month, into said U\ Tn-asiiry. and shall lake triplicate receijits therefor, staliii}; the i^Kunt Oil wlii<-li such payment was made, one of which he shall tile in IV City Auditors ofhce, and one with the Conijitroller, who shall charfje If Twasiirer with the amount so ]iaid; and the said .\uditor and Treas- HT Hhall keep accounts showing the account on which such iiaynients made :ini| the source from which the money was deriviMl. .Ml such i shall be applied and used for the |iur|ioses for which it was cid- I' i-*!, or for which it is made ap|dicable In law, and in all cases when such inifv is not .set apart or a|>propriated by law for specific purjio.ses, the .Vniri|uil .\NS4'inbly of the city may ajijiropriate it to such municipal ii-ses ■ may dti-in proper: I'rnriilril. hoirmr. That all tines. ]ienalties and 'iires colh-cled or aicruinjj in the < 'ounty of St. Louis, or on a<'count 'I county or the people thereof, shall be |iaid in the manner and at afnit'said into the ("ounty Treasury of said county, and duplicate 's shall be taki-n as :iforesaid by the ofticer or person ]iayin;; the . one of which he shall file with the < 'ounty Clerk of said county, *' > ahull ciiarpe the Treasurer with the amoiinf so paid, and such money "'■ ' bo appro]iriated and used as it is or may be jirovided by law: nnil I'll, fiiitlirr. That if any |iublic officer or other person shall, at the 'ill' this Sclieiiie jj'H's into operation, be in default in the payment of any 276 SCHEME OF SEPARATION AND REORGANIZATION. such money into the said County Treasury, he shall immediately pay the same into the said City Treasury in the manner aforesaid, and the same shall be disposed of as herein pi'ovided. Sec. 33. PoAver of foriner County Collector vested in Sheriff of County. — All jiowcrs heretofore vested iu the Collector of the County of St. Louis, and all duties required to be performed by him in reference to taxes on property situated outside of the limits of the City of St. Louis, as enlarged, and in reference to the sale of such pro])ertT for taxes and the redemption thereof, shall, after the election and qualificatioii of the Sheriff of the County of St. Louis, as provided by this Scheme, be executed and performed by such Sheriff; and all deeds for the sale of land for taxes made by him shall be acknowledged before the Clerk of tlie County Court of St. Louis County. See Webster vs. Smith, 7S Mo. 163, 165. Sec. 34. Authority of municipal assembly as to revenue.— The Municipal Assembly shall have power to enact all ordinances that maj' be necessary to carry into execution the laws relating to State, county, city and other revenue within the city of St. Louis, as enlarged; and such powers as are now vested by law in the County Court of St. Louis County, ■ or the Clerk of said (."ourt, or the County Collector and Auditor, may be ' exercised by such tribunals and officers as nu\v be provided by ordinance. Sec. 35. Regulations as to animals running at large.— It shall be unlawful for any domestic animal of the species of horse, cattle. mule, ass, swine, sheep or goat to be suffered to run at large, by the owner thereof, in the City or County of St. Louis; and if any such animal !"■ found running at large in said city or county after this Scheme ami Charter go into operation, it shall be lawful for any person to take up and restrain the same forthwith ; and such jjerson shall, within three da}> after so taking up and restraining such animal, give notice thereof to tbr owner, if known, and thereupon such owner shall pay a reasonable com pensation for taking up, keeping and feeding such animal, and for damages actually caused by such animal. If the owner be not known, or fails i" make such reasonable compensation after being notified, any animal si taken up shall be deemed an estray. and may be proceeded against by tbe taker up thereof, in the manner provided by law in regard to strays: Pro vided, however, That this section shall not be so construed as to prohibii any person from driving, herding and guarding such stock upon the uniii clo.sed lands belonging to said County, the State, or the T'liited States. See note and references to Chapter 2 of Laws Specially Applicable to St. Loub Sees. 4-11. anlf pp. T9-S1; and for ordinances see R. C. .Sees. 1576-loTS and notes Sec. 36. School districts intersected by city limits. — In al cases where the limits of the City of St. Louis as herein extended, includ a part only of any school district, the following shall be the mode of ad justment as to pro])erty held by or for the u.se or benefit of such district First, where the part of such district, included within such extende' limits, contains any school-house or other real estate belonging to th district, the Board of rresident and Directors of the St. Louis Publi Schools shall pay into the County Treasury of St. Louis County, for tb use of that part of the district not so included, such proportion of th valuation of said school property as the taxable value of property in tb part of such district not so included bears to the taxable value of a property in such district, as constituted before such extension. Secon' SCUKME OK SEPARATION AND ItKORGANIZATION. 277 where tlif piiil n( sudi distiict. ikiI iiii Imled wiiliiii siu li extended limits, t'oiitiiiiis iiiiv scIkkiI lidiisc oi- oilier real esiale lit'loiij^inj; to (lie district, liie iiilialiitauts of the disirict not so included shall |ia.\ lo llie Hoard of I'ri-siileiit and IMrectol's of the St. l.ouis ruhlie Schools such jii-o|)ortioa of the valuation of said scluxd [ifopeiMv as the taxaMe value of pfoperty in the part of such disirict iiiclnih'd within the eity limits bears to tlie tax able value of all property in such district, as constituted before such ex- tension. The valuation of school properly mentioned in this section shall Ik' made by arbitrators, one of whom shall be selected by the Hoard of President ami Itireclors of the Si. Louis Public Schools, and one by the |iii-crtoi-s of the school district atVected, who. if disaj^'rceiiifj;, may select a third; or. if unable to ajiree on the selection of .smh third arbitrator, any .School director, or member of the Hoard of I'residenl and Directors of the St. I.ouis l'ul)lic Schools, may ai)ply to the Circuit Court of the lOij^hth .ludicial Circuit to Jijipoiut one. A report of the valuation made by such arl)itrators, or a majority thereof, shall be filed as soon as jiracticable in ihe Clerk's office of the Circuit Court of the I^i^hth Judicial Circuit. Any Mioiiey to Im" paid to the Hoard of I'resident and directors of Ihe St. Louis I'ublic Scl Is shall be ]ii()vi(led for by the assessment. le\v and collection of a sjM'cial tax on all taxable property within such districts not so in- < luded. Sec. M. Si-tH»oI in-opiTty traiixlVrreil to St. Louis ]>ul>li(' nrhools. — All property, real, personal or mixed, of every kind and de- •^iription. ami the evidence of title thereto, now held by the ("ounty of St. Louis, or l>y the Ctninty Court of St. Louis ('ounty, in trust or for the ti.H*' of the iidiabitants of township forty-five north, of ran{;e seven east, for school pnqjoses, and all such proj)erty, and the evidences of title ilien'to, held by any jmblic oflicer for the nse of any school district in said township, or held by or for the benefit of any such district, shall, as MM>n as this .Scheme ^oes into effect, pass and be delivered to the Hoard of I'resident ami Directors of the St. Louis I'ublic Schools; and the title to any and all such ]iro|ierty shall, by operation hereof, vest in said Hoard. School propiTty Is now controlled and vested In the Ronrd of Education of St. Louis: Rev. St. 1S99. Sees. 9919 ri sfa. set out In "Law.i Specially .\ppllcnble to St IxJuls." anlr p. 191. Sees. 499 tl ita. As to Charter provisions see Art. XIII. See :>>» I^iMini<-r:in«)ii of chihlroii within scIkh)! Jip:«» — «IlvI- "•lon of seJKiol i>roi»t'rty The Hoard of President and Diieclors of 'lie St. Louis I'ublic Schools shall, forthwith after this ■Scheme tioes into I'lfei-t, cause an enumeration to be taken of all children within school ages ivithin the limits of the City of St. Louis, as herein established, and the ronnty Court of St. Louis County shall cause forthwith a similar enuinera lion to Ik' taken within the County of St. Louis, outside of the city limits, iis herein established, showiii}; Ihe enumeration in each school disirict and i"i<'tioiial school district separatcdy, a correct report of which eiiuiueratioii ' be Hied by said Hoard and said court resjiectively, in the Clerk's e of the t.'ircuit Cotirt of the lenses of boartl of freehohlers. — AH claims for the printing, clerk hire and other ex](enses of this ISoard of Freeholders shall be made out and certitied to by the I'resident of the Hoard imme- diately after the adjouinnient of this lioard, and such claims, so certitied, shall, as soon as this Scheme and the Charter framed thereunder are ailojited, be i)aid by the Treasurer of the present County of St. Louis out of the general revenue of said county, and such payments shall be allowed to said Treasurer in the settlement of liis accounts as jii-ovided for in this Scheme. INDKX TO SCHEME. 27U Index to Charter and Notes at end of charter. Index to Ordinances at end of Revised Code. Index to State Laws (or St. I-ouis, pp. 225-256. INDEX TO SCHEME ABSTHACTS— SEC. of nsiiossmfnt liook.s. ptc. for new County 8 of assfssinent to be sworn to 8 of iissf.ismont ilfllviTcil to Mayor, when 8 ACT— t'staliltsliine jury system to roinuin in force 30 ADMISSIONS— to Poor House and Insane Asylum by County Court 2ri ANIMALS— running at large of. prohibited 3!; running at large of. on unlnclosed public lands excepted... 3n taking up and restraint of estrays 35 ARBITRATOKS— for valuation of school property, how appointed..'. 3G ASSESSMENT— of taxes for 1ST7. how made 8 ASSESSOR— of County, when elected 3 of County, to bo governed by general law .S ASYLUM— for Insane transferred to City 10 ATTOR.N'EY.S — See Circuit Attorney, etc. AUDITOR— of former County, office abolished 8 of former County, to turn over books, moneys, etc 8 of former Count.v. to account for school moneys...... 13 of City to keep accounts showing sources of payments 32 AUTHORITY— of County Court annulled 3 of Mayor over appointees of County Court 9 B BALANCE— of cash In County treasury, how divided 13 BOARD OF FINANCE— of whom composed 13 duties of 13 BOARD OF FREEHOLDERS — expenses of. how paid 39 BOARD OF POLICE COMMISSIONERS — to appoint special force for County, when 14 BOARD OF PRESIDE.VT AND DIRRCTORS OF ST. LOUIS PUB- LIC SCHOOLS — duties of. In relation to division of school property 36 may appoint arbitrator 36 may apply to Circuit Court to appoint arbitrator, when.... 36 title of school property to be vested In. when 37 shall order enumeration of children, when 38 to receive school property within extended limits 38 public officers to account for all school moneys 38 See Public Schools. PAGE. 268 269 269 274 274 276 276 276 276 269 266 269 270 269 269 271 275 266 269 271 271 271 271 276 277 277 277 277 277 27$ 280 IXDICX TO SCHKME. Index to Charier and Notes at end of charter. Index to Ordinances at end of Revised Code. Index to State Laws for St. Louis, pp. 225-256. BONDS— SEC. PAGE. of County officers to be fixed by Court .3 266 of Sheriff of City S 267 of Coroner of City "i 267 of Public Administrator 5 267 to be approved by Mayor, when 5 267 to be filed with City Register, when :i 267 of Constable to be approved by Jlayor 15 272 BOUNDARIES— of City of St. Louis 1 265 of County of St. Louis indicated 1 265 c 2 265 12 270 12 270 12 270 13 271 20 273 21 273 ?.?. 273 22 273 3 266 3 266 19 273 26 274 26 274 CIRCUIT ATTORNEYS— to continue in office until end of terms 26 274 CITY — declared separated from County offices declared vacant from April, 1S77 officers of to qualify under Charter officers, duties of right to sue for debts due County officers to as.sist in carrying out Scheme may purchase and hold real estate in County to pay salaries of judicial officers proportionately temporary arrangements to pay such salaries CLERKS— of County Court, when elected of County Court Clerk to be ex-ofticio Recorder of Deeds.. of County Court to certify result of election, when of Criminal Court continued in office of Court of Criminal Correction continued in office COLLECTOR — of City to discharge duties of former State and County Collector .aid 29 274 12 270 13 271 23 273 23 274 .•! 267 15 972 15 272 15 272 15 272 15 272 INDEX TO SCHEME. 281 Index to Charter and Notes at end of charter. Index to Ordinances at end of Revised Code. Index to Stale Laus for St. Louis, pp. 225-256. COUNTY COURT — SEC. PAGE. authority of former court annulled powrrs. ilutlfs, etc i»f nt'W Ct)unty. llrst nict'tlns of ". . . . mnnni'r of selecting scat of Justice of former County to order election, when of former County to continue In authority for certain purposes of former County responsible for property until transferred of former County to transfer buildings, moneys, etc., to City of former County, to transfer records, books, etc., to City Heglster of new County, may appoint surveyors of new County, to pay proportion of salaries of Judicial ofllcers of n-w County, may grant admissions to Poor House and Insane Asylum of new County, shall pay for maintenance of paupers, when COl'NTY— offli-ers of. when elected ofllcers of. duties and terms of office divided Into two Judicial districts divided into two representative districts Marshal of. to deliver property, etc., to City Marshal Auditor, of tlce of. abolished Jail of. transferred to City debt of. assumed by City debt to be considered a City debt debt to be transferred to books of City Auditor of. to account for school moneys debts and obllRations of. payable to City rights to sue for or adjust same, vesti-d In City officers of. to assist In carrying out Scheme compensation of officers of. to remain unchanged COURT OF APPEALS— may appoint Judges of election, when 19 273 COURT HOUSE — transferred to City 10 270 CURRENT EXPENSES— of County to date of separation, how paid 13 271 2I!6 3 26G 3 266 3 266 1 267 4 267 1 267 9 269 9 269 16 272 273 2B 274 2^ 274 3 266 3 266 3 266 3 266 6 26,S 8 269 10 270 10 270 11 270 11 270 13 271 13 271 13 271 20 273 20 273 T":) DEBT— of County, assumed by City debts due to fori-.r r.>iiniy payable to City DISTRICTS— two Judicial districts established In County two representative districts established In County. DUTIES— of Coun(\ otfi'-'TM of City officers, after adoption of Scheme 10 13 270 271 3 3 266 266 3 12 266 270 B ELECTION— of County of tn •■r.>< of Justices of County Court to determine County seat for Justices of the Peace and Constables In County. In November. 1 S76. how ordered for Sheriff of City for Coroner of Citv for Publii- Administrator of City In November. 1S76. Judg'S of. how appointed returns, where made 3 266 3 266 3 266 3 267 4 267 267 .=; 267 B 267 19 !73 19 273 ENUMERATION- of children within school ages to be made. when. 38 282 INDEX TO SCHEME. Index to Charter and Notes at end of charter. Index to Ordinances at end of Revised Code. Index to State Lai^s for St. Louis, pp. 225-256. FINES — to be paid into County treasur.v. when. FORFEITURES— to be paid into County treasury, when.. SEC. 32 32 PAGE. 275 G GRAND JURY— how selected and summoned, how paid 274 274 INSANE ASYLUM— See Institutions. INSANE PAUPERS— admission to asylum, etc INSTITUTIONS— Municipal Assembly shall provide for maintenance of. . County institutions transferred to City Municipal Assembly shall provide for management of. Insane Asylum 25 9 270 10 270 10 270 10 note 270 J.\I1^- transterred to City. 270 JUDICIAL DISTRICTS— established of in County. 266 JURY— See Grand Jury . _ See Petit Jurors. ^ , ' system to remain unchanged Commissioner continued in office JUSTICES OF COUNTY COURT— members of new court, when elected powers, duties, etc Presiding Justice to be elected at large manner of selecting seat of justice members from the fifth and sixth districts to act on Board of Finance JUSTICES OF THE PEACE — Justices in County, when elected to hold until end of terms vacancies to be filled November. 1876 those elected in City commissioned by Mayor JUDGE OF CRIMINAL COURT— to select Grand Jury 30 30 3 3 3 3 13 275 275 266 266 266 266 271 3 266 15 272 15 272 15 272 274 Tvl MARSHAL — of City to assume duties of. etc of County to deliver property, etc of City, powers of. within City limits of City to summon Grand Jury \. of City to summon petit jurors for Criminal Courts 6 26S 6 268 1.S 272 27 274 30 274 INDEX TO sen LOME. 283 Index to Charter and Notes at ense<] of collections of. for school purposes collections of. on property Intersected by city limits, sale of property tor taxes In County TAX-BILLS— Collector of former Count.v to account for same uncollected bills, to whom turned over on property Intersected by city limits, how divided... Comptroller to stamp, etc Comptroller to cancel old hills. <-\- TITLE— of public buildings, parks, etc.. vested In City, to school property, where vested 8 269 8 269 8 269 13 271 23 273 33 276 S 261> s 269 23 273 23 '*73 23 274 10 ^ 37 286 INDKX TO SCHEME. Index to Charter and Notes at end of charter. Index to Ordinances at end of Revised Code. Index to State Laws for St. Louis, pp. 225-256. TREASURER — of County, when elected of former County to pay over moneys of former County, term to cease, when of City, accounts of to show sources of payments. SEC. PAGE. 3 266 s 268 !.•! 271 32 275 V VACANCY— in office of Mayor, how filled in City offices, when in City offices, to be tilled by election, etc. VALUATION— of scliool property, how made 12 12 12 270 271 271 W^ WRITS— within city limits to be executed by .Sheriff of City. CHARTER OF THK CITY OF ST. LOUIS (ANNOTATED.) 1 I Charter of the Citv of St. Louis.* AktU'LK I. Corporate powers, boniidaries and wards. 11. Elfftion and rejiistratioii. III. Le>?islative department. IV. Executive and adniinistrativo department. V. Revenue and taKation. VI. Tulilic improvements— street openings. N'll . Water works. VI 11 I'ublic parks. IX. Harbor and wharf department. X. Street railroads. XI. Fire department. XII. Health Department. XIII. Schools. XIV. Sinkinp Fuiiil. XV. I'ublic printing. W'l. Miscellaneous provisions. • INTRODUCTORY NOTh". (iKM'.n VI. t .ii>i;n \ iioNs ni:si'K« riN<; Tiih; < ii vicri'.ii. The Schcnir iind Ihnrlcr uf St. Louis City wiis flamed by a board of free- holders In piir.suam-f of tho provisions of Art. IX. Sees. 20 to 25. of the State Constitution of 1S75. and was adopted by tlio people at an election held on August 22. 1S76; it became the organic law of the city and county sixty days thereafter (Oct. 22. 1S76). and all former charters and special laws of St. Louis County wore superseded. State cx rel. vs. I'Inn. 4 Mo. App. .'{47. 3r>fi; State ex rel. v.s. Mason. 4 Mo. App. 377; Badgeley vs. St. Loiii."". 149 Mo. 122, 129; St. Louis vs. Fischer. 167 Mo. 654. 6S0; State ex rel. vs. Sutton. 3 Mo. App.. 388 (deciding the question whether the adoption had actually been carried); State ex rel. vs. St. Louis. 174 Mo. 1. c. 140; Northcut vs. ICager. 132 Mo. 1. c. 273. The separation of the city and county did not relieve St Louis from the oper- ation of such laws speciall.v applicable to St. Louis County as were then In force and consistent with the altered circumstances; Eiclielmann vs. Weiss, 7 Mo. App. 87. 89 (sheriffs' and marshals' act). The constitution limits the dis- placement to "special laws relating to St. Louis County Inconsistent with such Scheme." Const.. Art IX. Sec. 20. But In all other respects the city became inde- pendent of the county, and Is a city proper, though In some respects performing the functions of a county: State ex rel. vs. Walsh. 69 Mo. 408. As to how far the city Is to be treated as a county see infra, this note. The City of St. I»uls Is not In any class with other cities, and It Is not affected by legislation applicable to cities of the flrst-class as delineil In the Constitution, becaifse the St. Louis Charter Is Itself enacted In pursuance of a special con- stitutional provision, and does not fall under any classlflcatlon: State ex rel. vs. Mason. l.'i.'> Mo. 4S6. .=i01 (overruling Murnane v.s. St. Louis. 123 Mo. 479. and St. Louis vs. Dorr. 14.1 Mo. 423. and adopting the dissenting opinions in those cases); State cx rel vs. Hawes. 153 Mo. 23. 52; Kansas City vs. Stegmlller. 151 Mo. 189. 204; St. Louis vs. Blrchcr. 76 Mo. 431. The City of St. LiOuis derives its charter in pursuance of constitutional pro- visions, and the powers delegated therein are conferred by the state upon the municipality, and so long as they are not Inconsistent with the constitution and laws of the state they are valid and binding upon all who come within the scope of their authority or operation: St. Louis vs. Liesslng. 190 Mo. 464. 4S0; St. Louis vs. W. v. Tel. Co.. 149 V. S. 465, 467; Kansas City vs. Oil Co.. 140 Mo. 4.i8. 471; Grand Ave. Ry i ' '"'Itlzens' Ry. Co.. 148 Mo. 665. 671. 290 INTRODfCTORY NOTE TO CHARTER. The charter so conferred and adopted has all the force and effect of a legislative charter largely delegating the state power upon the city, and such delegation of power is no infringement of the maxim that legislative pov^er cannot be delegated: Sluder vs. Transit Co., 189 Mo. 107. 128; Meier vs. St. Louis. 180 Mo. 391. 409; St. Louis vs. Fischer. 167 Mo.. 654, 660-661 (affirmed 194 U. S. 361); State ex rel. vs. Llndell Ry.. 151 Mo. 162. 182. As to the force and effect of ordinances as legislative enactments, see further, note to Art. Ill (introductory to Sec. 26 thereof) and note to Art. III. Sec. 12. But the charter of a city cannot confer on it the power of the State concerning such things as are without the scope of municipal government, and not incidental to municipal functions: these are reserved to the State unless expressly conferred by the Legislature: State ex rel. vs. Telephone Co.. 189 Mo. 83 (holding that Kansas City could not enforce a regulation as to telephone rates, expressly given in the charter. That such power to fix rates did not exist under the St. Louis charter see St. Louis vi5. Bell Telephone. 96 Mo. 623; see also ordlriance of St. Louis attempting to reserve the right to fix charges. R. C, Sec. 1195 and note, also see note to Sec. 1093); State ex rel. vs. Police Com'rs, 184 Mo. 109 (holding that the Kansas City charter could not confer powers respecting em- ployment or discharge of policemen not in accord with the state; as to the St. Louis police act see State ex rel. vs. Stoble. 92 So. West. 191. s. c. 194 Mo. 14. And the cliarter must always be in harmony with the Constitution and laws of the state: See cases heretofore and hereinbelow cited; also State ex rel. vs. Telephone Co.. 1S9 Mo. 83; State ex rel. vs. Police Com'rs. 184 Mo. 109; Ewing vs. Hoblizelle. 85 Mo. 64. loc. cit. 76 (discussing the objects in view in adopting the St. Louis charter); State ex rel. vs. Lindell Ry.. 151 Mo. 1. e. 1S2 (same); State ex rel. vs. Stobie. 194 Mo. 14. s. c. 92 Southw. 191 (see discussion as to St. Louis Scheme and Charter in both majority and dissenting opinions). Hence, and also because the power of the legislature to supersede or modify the charter or ordinance provisions exists, it follows that when the ordinances or charter provisions are, or become, in conflict with prior or subsequent state statutes, or state policy, or with the constitution, such ordinances or charter provisions are. or become, void, and must yield to the higher law: State ex rel. vs. Stobie. 92 Southw. (Feb. 26, 1906), 191, 200; s. c. 194 Mo. 14. (holding a pro- vision in the Scheme repealed by the police act); St. Louis vs. Meyer. 185 Mo. 583; State ex rel. vs. Police Com'rs. supra: Badgeley vs. St. Louis. 149 Mo. 122 (declaring a charter provision void as contrary to the code civil procedure); Ford vs. Kansas City. 181 Mo. 137; State ex rel. vs. Railway. 117 Mo. 1. 11-12; EwIng vs. Hoblizelle. 85 Mo. 64. 76: State ex rel. vs. Bell, 119 Mo. 70. 75; State ex rel. vs. Matthews. 94 Mo. 117 (Scheme provision changed by statute). But mere differences in details do not render such laws inharmonious, and the charter provisions are effective: Kansas City vs. Oil Co.. 140 Mo. 458. 471 (a decision frequently approved In later St. Louis cases; the court holds that "A corfstitutlonal provision authorizing a city like Kansas City or St. Louis to frame its own charter, implies the power to adopt a complete and harmonious system of local municipal government- . . . The charter . being a law for the government of the municipality, it Is binding upon all courts, and it violates no principle of our government to say that the courts, when called upon, must enforce these municipal laws unless they conflict with the Consti- tution, and are not in harmony with the Constitution and laws. and. as already said, mere differences in detail do not render such laws Inharmonious. So long as the city .... does not invade the province of general legislation or attempt to change the policy of the state as declared in her laws for the people at large, it will not be held to be out of harmony with such laws, notwith- standing the provisions of the special charter may be different from the general statutes prescribed for the government of other cities in their local' affairs) ; to same effect: St. Louis vs. Dorr. 145 Mo. 466. 478 (to this extent this case has not been overruled); and see particularly St. Louis vs. Delassus. (Sup. Ct.. July 2. 1907. not yet reported) fully discussing and sustaining the city's power to pass ordinances on subjects also covered by State statutes, though not identical therewith; also State vs. Vic De Bar. 58 Mo. 395 (showing to what extent the city was regarded as independent of state laws under the earlier decisions); and see discussion in State vs. Kessels, 120 Mo. App. I. c. 240, distinguishing the effect of the present con- stitution and the former one on the power of St. Louis to pass ordinances incon- sistent with the state laws. As to discussion of how far the city may enact ordinances declaring acts to be misdemeanors, where there are state enactments on the same point, and the effect of concurrent enactments by the city and etate, see note to Rev. Code, sec. 1265 and cases there cited. INTRODUCTORY NOTK TO CHARTKR. 291 And the powt-r of the i-lty to tux Is specirically recognized by the constitution: See note to Charter. Art. UI. Sec. 26. Clause 5. and particularly note to Charter. Art. V. Sec. 1. It may he added that vvlille the absolute general power of the legLslature to alter or destroy Its municipalities or lo change their boundaries, without consult- ing the wishes of the Inhabitants, Is unquestioned (St. Ixiuls vs. Russell. 9 Mo. 503. 507: McCormIck vs. Hy.. 20 Mo. App. 640 and cases cited; Forsyth vs. Ham- numd. 166 U. S. 506), yet It cannot be lawfully so exercised as to Impair thi> Kbilgatlons of contracts (such as bonds) previously entered Into by such municipalities: Graham vs. Folsom. 200 V. S. 248; St. Louis vs. Russell, supra 1. c. 50S. I'DniilhurlErd Ordlnnnrem And for like reasons an ordinance l.s void when It conrllits with the charter, or when It is not authorized by the charter, or en- acted as the charter requires. All powers of the municipal assembly emanate from the charter and must find their support In It as the source of authority: See discussion of this subject and citation of cases In note Introductory to Art. III. Sec. 26 (heading), of the Charter. In some respects the charter bears the same relation to the ordinances that the constitution does to the statutes: Quinette vs. St. Louis. 76 Mo. 402. 404. See for discussion of validity of ordinances "General Note on Ordinances" to Chart.. Art. III. Sec. 12. and note to "Legislative Powers and Functions of Muni- cipal Assembly" to Art. Ill, Sec. 26. As to validity of acts of officers during the period when it was erroneously sup- posed the adoption of the Scheme and charter had been defeated, see: Schaeffer vs. Bernero. 11 Mo. App. 562: Adams vs. Lindell. 72 Mo. 198 adopting 5 Mo. App. 197; State ex rel. vs. Sutton. 3 Mo. App. 388; St. Louis vs. Stoddard. 15 Mo. App. 173. JiiilleinI and I'ukllc Notice: The constitution requires the courts to take Judicial notice of the Charter and the city's incorporation. Const.. Art. IX. sec. 21. Bar- clay. J.. In Walsh vs. Mo. Pac. Ry.. 102 Mo. 1. c. 589; St. Louis vs. Lang. 131 Mo. 412. 420. See also State vs. Nolle. 96 Mo. App. 624, 52«. The courts take Judicial notice that St. Louis is the only city having 300.000 Inhabitants; State vs. Ansllnger. 171 Mo. 600. 610; State ex rel. vs. Miller. 100 Mo. 439. 450. And that It is a separate political subdivision of the State: See infra. The Charter Is a Public Act of which all persons interested are bound to take notice: Perkinson vs. St. Louis. 4 Mo. App. 322. I. e. 328. The City of St. Louis is a political subdivl.sion of the State of which the courts take Judicial notice: (State vs. Nolle. 96 Mo. App. 524; State ex rel. vs. Bus. 135 Mo. I. c. 337; State ex rel vs. Ry.. 195 Mo. loc. clt. 241 and 246; see also State ox rel. vs. rinn. 4 Mo. App. 347); and hence all appeals in cases in which the city Is a party go to the Supreme Court: See note to Charter. Art. XVI. Sec. 6. That the public must take notice of the city ordinances as of other laws, but that the courts do not take Judicial notice of ordinances and that they must be pleaded and proved as facts, is treated of In "General note on Ordi- nances," appended to Chart.. Art. III. Sec. 12. Ilun- Far «hr fHy In Trrnlrd am n loimtj i The constitution provides that "the city as enlarged shall be entitled to the same representation in the General Assembly, collect the state revenue and perform all other functions In relation to the State. In the same manner, as If It were a county as In this Constitution ilellned." etc. (Const.. Art. IX. sec. 23.) "The charter contains many provisions to define the mode In which the city should perform many essential govern- mental duties toward the state *as If It were a co\inty.' the city was practically put in the position of a county for the purposes of executing the functions of government in that locality; as those functions were to be performed by city officers, the Scheme and Charter undertook In the first Instance to prescribe how. and by whom, those duties should be discharged. But matters of purely munici- pal and local concern the constitution Intended to commit to local self-govern- ment, which the peculiar provisions In regard to St. I.,ouis were designed to authorize": St. Louis vs. Dorr. 145 Mo. 46C, 471. The court-house Is maintained not by virtue of the municipal functions of thr city but In the performance of a county function In the sense of the consti* 292 INTRODfCTORY NOTE TO CHARTER. tutional provision, and the relation of the city to the court-house is the same as the county to the court-house was before the separation: Cunningham vs. St. Louis, 96 Mo. 53. Tile City of St. Louis being for all necessary purposes a county in itself, the seat of justice of such quasi-county is the city itself, and not the court-house building, and a public office Is located at the seat of Justice when In the new city hall, though such locality was not part of the city when the court-house was originally erected: Babcock vs. Hahn. 175 Mo. 136. 140. The City of St. l.*or (except In t-aae i>f a lie or contested election; as to which see State e,\ Inf. vs. Kramer. 150 Mo. S9). Again: "All acts and parts of acts which provide for the performance of any duty or trust by any county court In this state, shall also Include the Municipal .Vsst-mbly and the Mayor and Comptroller of the City of St. I.k)u1s: R. S. isan. Art. XXV. p. 25*2. Sec. 2. So In the Scheme. Sec. 24. it Is provided that the Municipal Asseml)ly performs all functions (not otherwise provided for In charter) which wer.' foriu' rly u.i- formed by the County Court (see 127 Mo. I. c. 9). By Sec. 31 of the Scheme, powers then vested "In the County Court of St. Louis Co.. or the clerk of said court, or the county collector or auditor, may be exercised by such tribunals or officers as nuiy be provided by ordinance." sec. IS provided for powers of sheriffs and marshal (see note to said section); also sees. ."> and 6 (see notes thereto). Other ofllcers were similarly considered (see Scheme In Kcneral). Respecting revenue and taxation, by the Charter. Sec. 31 of Art. V, the City Collector performs the duties with respect to the collection of the revenue for- nierl.v rci]Uired by the County Collector (except as modllled by statute: See not© to said section). And Sec. 9334. R. S. 1S99 (see Laws Specially Relating to St. Louis. Chapter 26. Sec. 469) Is to the same effect. The following section (R. S., Sec. li;i:i.'); Laws Sp. Ap. St. L., Sec. 470) provides that the council [now municipal assembly | shall with reference to the assessing and collecting of revenue in the city do those things performed by the county court, where not otherwise provided for In the Scheme and Charter. So by the charter. Art. V. Sec. 29, the comptroller is substituted for the County Court in the general provisions respecting "land delimiuent list." the "sale of land for taxes." and all other matters relating to the assessment books and tax bills. While Sec. 4 of Art. XVI of the charter requires the City Counsellor to perform the duties respecting street-opening cases which were looked after by the Land Commissioner prior to April 7. 1S77. And as to collection of railroad taxes, R. S. 1899. Sec. 93S3. says that "all services required to he performed by county officers under this article shall be performed In the I'lty of St. Louis by the corresponding officers of the City of St. Louis, and wher- ever the word "county' occurs It shall bo construed to Include the city." Speaking of these kind of provisions the court in the case of State ex rel. vs. F'ow.'rs. BS Mo. 1. c. ;!24. said: ".\s the city government, authorized by the consti- tution for the City of SL Louis. Is entirely different In its organization from that of the county .... It became necessary to provide In the charter the requisite municipal agencies .... Proper officials were to be designated, the mode of their selection prescribed, and the duties which were previously per- formed by the officials designated In the general law were, by express enactment, to be imposed upon them." etc. See on this point (taxation) note to Charter. Art. V. Sec. t; Laws Spec. Appl. to St. Louis, notes to Chapter 26. So In State ex rel. vs. Bus. 135 Mo. 1. c. 337. considering whether certain officers performed state, city or county functions the court says: "While the City of St. Louli Is strictly a municipal corporation Its territory Is also a subdivision of the state. In which officers are elected to perform the functions of the state govern- ment as distinguished from those pertaining to municipal government. Those officers are In no sense municipal officer.s. Their designation as officers of the City of St. Louis refers to their territorial Jurisdiction rather than the govern- mental duties they perform. They are officers under the laws of the state and perform their duties within the city limits." CiinNiruelion nf riiiirter nnil Orilluiiaep I'ruvlNlunM. see discussion in introduc- tory mile to Charter, in Art. III. Sec. 2ii and citations there made. 294 CHARTER OF THE CITY OF ST. LOUIS. [ART. I. Sec. 1. ARTICLE I. CORPORATE POWEItS. BOUNDARIE.S AND WARDS. SECTION. I SECTION. 1. Corporate name and powers — authority 2. Corporate limits ami liouniiaries. to purchase, liold and dispose of 3. Ward boundaries. property — to receive beriuests. etc., 4. Correction of waril limits and perma- and have a common seal. ' nent ' of ortlinances see same note (imder Art. IIT, Sec. 26, heading). .\iitlioritj- to PiircliiiMe, Hold nurt Di-spoHc of Property: City may hold, purchase, etc.. real estate in the count>' for the city's use: Scheme, Sec. 21; Power to "purchase, rent or lease in the city or elsewhere, any real or personal property, and to control, manage, sell or lease or otherwise dispose of same." etc. see Chart., Art. III. Sec. 26. clause 14. And as to power to sell or lease parks: Art. VIII. Sec. 4. Supplying water outside city limits: .See R. S. 1899. Sees. 6488-6491. The city may take and hold real or personal property: Christy vs. St. Louis, 20 Mo. 143, 145, The city may acquire and hold such property beyond the limits of the city as may be proper for its purposes; and such right was not limited strictly to the specific purposes enumerated in the charter (prior to the present charter); and no one but the State can question the city's power: Chambers vs. St Louis. 29 Mo. 543; Hafner vs. St. Louis, 161 Mo. 34. The city has ample autliorit.v to build anil maintain a bridge across the Mis- sissippi, although part of such bridge must necessarily be outside the limits of the city and State, and, it seems, may condemn pfoperty for that purpose in Illi- ART I. Sec. 2 1 CHARTKR OP TH K CITY OV ST LOUIS. 295 nols: Hapussler vs. St. Louis, decljoil In SuprPtne Court Missouri In bnnc. July 2. 1907 (not yet reported). Ample power Is conferred on the city to deal with and dispose of property to which the absolute title has been bought by the city: State ox rel. vs. Schwelck- ardt, 109 Mo. 1. c. 50S-509. The City of St. Louis has a fee simple title to Its commons and may under Its charter pass such title to a purchaser: Woodson vs. Skinner, 22 Mo. 13. Sec also St. Louis vs. United States, 92 U. S. 462. As tu rxecutlun of eitj conlrnetM nnil convey nnccN, and the formalities neces- sary, see not.' ti> Charter. .-\rt. XVI., Sic. 7 Truntee la te«lnaientMry Iruiil: The city may be the active trustee In the admin- istration of a cluiritable testamentary trust, hold tlie legal title, and may be com- pelled to execute the trust after acceptance: Chambers vs. St. Louis, 29 Mo. 543, (followed in Barker rs. Donnelly, 112 Mo. 561. 575). Scnl of »i. i "uU < li> I See Rev. Code, Sec. 2069. l.aofl dediented t» piirllcular iifii- — illvernlon to nniithcr nnet Where an case- ment Is creatt'd. an aliaiuloniiU'nt by the jfrantet* restores the title to the grantor freed therefrom, and where the title Is conveyed on condition, it reverts when the condition falls; but when the title Is conveyed absolutely In trust for a particular purpose (as here to the city for a meat-shop) the land may after such particular use be used for other purposes where there is no reserva- tion of the right of re-entry on the diversion or abandonment of the use: Hand vs. St. Louis, 15S Mo. 204, referring to numerous city cases and distinguish- ing same. As to lands dedicated for street purposes and diverted see note to Art. VI, Sec. 1, of Charter. Sec. '2. ('«ir|H»ra(»> limits aiul IxMiiidarit's. — Tin- coipo'- alf limits of tlic t'ilv of Si. l.oiiis shall coiiiiprisc all that dislricl of coun lr_\ siiiiait'il ill the Coiiiity of St. Louis and Slate of .Missouri, lo-wit : He ;;iiinin<^ at a point in the niiilille of the iii:iiii (haiinel of tiie .Mississippi lii\ei-, anil riinnin<; tlieiiee >\est wardlv at ri^lit aiio;les to said I'haniiel, to a poiui on tlie west hank of said river •Jlllt feet south of the center of the inoiiih of tlio River des Teres; thence westwardiv and i>arallel to the center of the Hiver ties Teres, and L'tIO feel soiitii thereof, to the eastern line of the l.eiiiax Ferry road: tiieiue \vesi\varioutheast corner of lot thirty (»ne i'.'<\) of the sulidivision of tlie .Marken/ie trad in I'. S. Survey l.'.l."i:{; thence northwesi wardly in continu- ation of said last mentioned line to the soiilhern line tif lot twenty-one (21) of the sulidivision «>t west thereof, to its intersection with the old Itonhoinme roail ; theme nortlieasterl\ to the intersection of the center lines of Mc- 296 CHARTER OF THE CITY OF ST. LOUIS. [ART. I. Sec. 3. Liiren avenue and Mead street; tlieiuc in a norilicasierlv direction to a point in the Bellel'onlaine road six lumdred ((iOO) feet north of its inter- section with the Columbia Bottom road; thence northwardly and parallel wilh the center line of the Columbia Bottom road to the northern boundary line of the V. S. Survey number (114) one hundred and fourteen; thence eastwardly alonj; said line to the center of liie main channel of the Mis- sissiiijii Bivcr; llience with the meanderings of said <-liannel soutliwardly to the jioint of besiinninj;'. H4>iinilarirH« .liirisili<*ti(iBi, <•(«•.: The exten.sion of the city to its present boundaries was expressly authorized by the constitution: Art. IX. Sec. 20. "The authority con- ferred by that section on St. Louis was not the right of amendment, but was a grant to embrace in the charter it was authorized to frame for tlie first time, other ter- ritory not then within its boundaries:" Kansas City vs. Stegmiller. 151 Mo. loc. cit. 200. 201. See boundary fixed in Scheme, Sec. 1. Boundary on the east by the Mississippi: see Constitution of Missouri, Art. 1. Sec. 1; as to Mississippi being a public highway, obstruction of .=ame by buildings or construction work in the river, extent of riparian ownership and rights, etc., see State ex rel. vs. Long- fellow, 169 Mo. 109, and discussion; also Myers vs. St. Louis, 82 Mo. 36"; s. c. 8 Mo. App. 266. s. c. 113 U. S. 566: St. Louis vs. Knapp Co., lOl U. S. 65S, re- versing s. c. 6 Fed. 22L Wharf boundaries- and city ownership of wharf lands, see Rev. Code, Ch. X, Sec. 345, and following, and notes thereto: Harbor boundary see Charter, Art. IX, Sec. 3. Jurisdiction over Mississippi between Missouri and Illinois: See Sanders vs. N. O. Anchor Line, 97 Mo. 26, and cases; Swearingen vs. Steamboat, 13 Mo. 519: St. Louis vs. Rutz. 138 U. S. 226; Owning lands by city outside of city limits, see note introductory to Charter under "authority to pur- chase and hold property," etc. Taxation of lands beyond city limits: see note to Charter, Art. V, Sec. 1. A city ordinance or a city contract designed for the city at large, operates throughout its boundaries whatever their change: Gaslight Co. vs. St. Louis. 46 Mo. 121. See also P.lair v.s. Chii^ago, 201 U. S. 1. c. 4S8-4S9, (Chicago Traction Company case). As to right of the state to determine the territorial limits of a municipality and alter or abrogate same see St. Louis vs. Russell, 9 Mo. 503. 507; McCormick vs. Railway. 20 Mo. App. 640 and cases cited: Forsythe vs. Hammond, 166 U. S. 506; Graham vs. Folsom, 200 U. S. 248. Sec. 3. Ward boumlarie.s.* — The City of St. Limis shall be divided into tweuty-eijj:ht wards, the boundaries of whicli .shall be as follows: First Ward — Beginning at a point in the middle of the main channel of the Mississippi River opposite the north line of the present city limits; thence in a direct line to the north boundary of the City of St. Louis; thence in a westerly and southwesterly direction with the city limits to the Wabash Railway; with the Wabash Railway to Broadway, with Broadway to Calvary avenue, with Calvary avenue to Florissant avenue, with Flor- issant avenue to Euclid avenue, with Euclid avenue to Xalural Bridge road, with Natural Bridge road- to Marcus avenue, with Marcus avenue to St. Louis avenue, with St. Louis avenue to Kewstead avenue, with Newstead avenue to Ashland avenue, with Ashland avenue to <^lay avenue, with Clay avenu(> to X'atural Bridge road, with Natural Bridge road to Fair avenue, with Fair a\ciiue to (\arter av<'nue. wilh Carter avenue to Adelaide avenue, with Adelaide avenue to Florissant avenue, with Florissant avenue to ^Varne avenue, with AVariie avenue to ("arler avenue, with Carter avenue to Obear aNcnue, with Obear avenue to Florissant avenue, with Florissant ii venue to Ferry street, with Ferry street to Eleventh street, with Eleventh street to Angelica street, with Angelica street and Angelica street extended to the middle of the main channel of the IMississipjti River, up the middle of the main channel of the river to the place of beginning. *These are the present ward boundaries: See note at end of this section. A1:T I. Set-. 3.1 CHARTKK OK TM K CITV OI" ST. LOUIS. 297 Siiiiittl W'unI — Hejjimiiiii: ;ii :i |ioliii in tlio middle of ilic main chaiiiiel id" tin- Mis.sissipjii Hivcr (iii|iii.>;ito foot of Aiificlifa sirt'cl; tliciicc in a direct line to and with Ani;elita street to iJlair avenne. willi Blair avenue Id Salislmrv slreel. willi Salislmi-v street to Nineteentii sti-eet. witli Nine t(>entli sti-eet to lleliert stivel, with Ileliert street lo Klevenlli stre<'t, with IClevenlh siitH-t to Mailison street, with Madison street to Ulair avenne. witli Hlair avenne to Chainbeis street, with L'hanihers street lo Thirteenth slrwt. Willi Thirteenth slri>ot to Tvler street, with Tvler stret^t to l-^leventli street, with I'Jeveiilli street to IJrooklyn street, with Hrooklyn street and r.ruokl.vn street e.Mendeii lo the middle of the main channel of the Mis- sissippi K'iver. lip the middle cit llic main cliaiitici to place of Ite^Mnninj;. Tliiiil Wiiril — Ke^inniii^ al a point in llie middle <^[ the main channel of the .Mississip]d KiM'r ojiposite foot of Hrooklyn street; thence in a direct line to ami witli Brooklyn street to Eleventh street, with Eleventh street to Cass avenne. with I'ass avenue to lilair avenue, with IMair avenue to oTallon slrtH't. with O'Falhm street to Thirteenth street, with Tliirteenth street to Carr slreel. with Carr street to Eleventh street, with ICIeventh street lo Wash street, with Wash street to Third street, with Third street to Carr street, with l^arr street and Carr street extended to the middle of the main channel of the Mississippi River, nj) the middle of the main channel to [>lacc of heiiinnini;. Fourth Want- — Bej^inninji in the miildle of the main channel of the Mississippi Kiver. oi>i>osile Carr street, thence with C'arr street to Third street, with Third street to Wash street, with ^Yash street to Eleventh street, with I^leventh street to Morgan street, with Morjian street to Twelfth street, with Twelfth street to Gay street, with (Jay street to Thir teenih slreel. with Thirteenth street to Lucas avenne. with Lucas avenue to SiMeenth street, with Sixteenth street to Franklin avenue, with Frank- lin avenue to l-i};hleenth street, with Eig;hteenth street to Lucas avenue, with Lucas avenue to Seventeenth street, with Seventeenth street to Pine street, with Fine street to I'Tfteenth street, with Fifteenth street to Locust strti't. with J.,ocust street to Fourteenth street, with Fourteenth street to St. Charles street, with St. Cliarles street to Thirteenth street, with Thir- teenth street to Market street, with >Laiket street to Twelfth street, with Twelfth street to Fine street, with Fine street to Seventh street, with Seventh street to Market street, with Market street to the middle of the main eliannel of the Mi.«!sissii>|)i Kiver. up the main channel of the Mis sissippi Kiver to liie place of lie<;iiinintr. I'iflli W t. with Six- le<-ntli street to Missouri Pacific Kailroail. with Miss(Miri Pacific Kailroad and c.Tic slre«-l to Fourth stiii-t. with Fourth street to Plum street, with Plum street and Plum slre<-t extended lo the midille of the main channel of the Mississippi l»i\er. up the miildli' of the main channel to the place of hejjinnin;;. 298 CHARTER OF THE CITY OF ST. LOUIS. [ART. I. Sec. 3. Sixth Wind — I{p<;iiiniiij!; at a jioiut in tlic middle of the main channel of the Mississippi Kivci- oipposite foot of IMum street; thence in a direct line to and with IMuiii street to Fourth street, with Fourth street to Cerre street, with Cerre street and the Missouri Pacific Railway to Twenty-second street, with Twenty-second street to Chouteau avenue, with Chouteau ave- nue to Grattan street, with (irattan street to Park avenue, with Park avenue to Thirteenth sti'ecl. with ThirteeJith street to Kutjier street, with Kutf^er street and Kut^'i- street extended to the middle of rhe main chan- nel of the Mississi]ipi Iiixcr. ii]> the middle of the main cliaimel to the place of beginning. Scrrnlh Wdid — Heiiiiiiiiiii!: at a jioiiit in the middle of the main chan uel of the Mississi|i))i Kiver, (ijpj)osite the foot of Rutjier street; thence in a direct line to and with Rutger street to Thirteenth sti-eet. with Thirteenth street to Park avenue, \\ith Park avenue to Dolman street, with Dolman street to liafayette avenue, with Lafayette avenue to Fourteenth street, with Fourteenth street to Oeyer avenue, with Geyer avenue to Eleventh street, with Eleventh sticct to Lafayette avenue, with Lafayette avenue to Broadway, with Broadway to Lesperance street, with Lesperance street to Second street, with Second sti-eet to North Trudeau street, with North Trudean street, Trudeau street and Trudeau street extended to the middle of the main channel of the Mississippi Rivei', up .the middle of the main channel to the jiJai'c of hfjiinninji'. ^ Eighth Wind — Bejiiiiiiini^ at a jioiiit in the middle of the main channel of the ilississijipi River opjiosite of Trudeau sti-eet, thence in a direct line to and with Trudeau street and North Trudeau street to Second street, with Second street to Lesperam-e street, with Lesperance street to Broad- way, with Broadway to l>afayette avenue, with Lafayette avenue to Elev- enth street, with Eleventh street to Victor street, with Victor street to Twelfth street, with Twelfth street to Lynch street, with Lynch street to Thirteenth street, with Thirteenth street to Pestalozzi street, with Pes- talozzi street to Ninth street, with Ninth street to Dorcas street, with Dorcas street to Broadway, with Broadway to Victor street, with Victor street and \'ictor street extended to the middle of the main channel of tho Mississippi River, up tlie middle of the main channel to the place of beginning. \y' Ninlli Ward — Beginiiiiin at a point in the middle of the main channel of the Mississi[)pi River, opjiosite foot of Victor street, thence in a direct line to and with \'ictor street to Broadway, with Broadway to Dorcas street, with Dorcas street to Ninth street, with Ninth str(>et to I'estalozzi street, with I'estalozzi street to Thirteenth street, with Thirteenth street to Lynch street, with Lynch street to Jetferson avenue, with .letferson ave- nue to Miami street, with Miami street to Broadway, with Broadway to Potomac street, with Potomac street and Potomac street extended to the middU> of the main channel of the ]\Iississipi)i River, uji the middle of the main channel to the j)lace of beginning. Tiiith Wind Beginning at a iroini in the middle of the main channel of the Mississi](pi River opi)osile foot of I'otomac street, thence in a direct line to and with Potomac street to Broadway, with Broadway to Miami street, with Miami street to JetTerson avenue, with .lelTerson avenue to Gravois axcnue, with Gravois avenue to Magnolia a\enue. with Magnolia avenue to Pennsylvania avenue, with Pennsylvania avenue to Arsenal sti-eet. with Arsenal street to <;rand avtMiue. with Grand avenue to Osceola ART. I. S.-o. 3.1 CHAi:Ti;rj OK Till'. CITY OF ST. LOUIS. 299 StlTcl. Willi (Isrrol:! .sllccI Mini ( l.-<(('i)l;l slri'i'I t'X IcIkIimI Ir lH';;iiiliilij;. KIcnnth W'linl l>t'j;iiiiiiii;er sired, with ICicliel- lier^'er slrcel ami i;icliellier<;er street exlemicil in weslcrn cit.v liinils, with weslrrn ami sniiihcrii cii\ limils in liie midilic nf I he main channel of the M ississi|i|ii Uixcr. n|> Ilic miiUlIc of liic main cliannci uf the river In the ]ilace ol' hejjinninj;. ...,ii ...,,...^..n avenue lo L.vnch strcH't, witli I.vnch streel to 'Pwelflh street, wiih Twcirih street to \'icior sli-eet. wilh Victor slreet to lOleventli street, willi I'.lcvcnili sirei>t to to t'hoiiteau avemie, with Chouteau avenue to (Joinjiton avenue, with (I'oinpton avenue to Hnl};er street, with l{ut<;er street to Montrose avenue, with Mont- rnsc a\cnue to I'ark a\eniie. witli Pai'k avenue to I'e'iinsylvania avenue, with Pcnii.sylvania avenue In Lafayette avenue, wilh Lafayette axeniie to < >re;:nn a\ciiue. with Orei;nn avenue In liussel! ;i\cinie. wilh Uiis.sell avenue In (ihin avenue, with (>hin a\eiiue In .\nn avi-nuc. wilh .\nn avenue to ■lelVerson. avenue, with .letVerson aviMiue to Lafayette avenue, witli Lafay- ette avenue lo Oolman strtn't. with l>olnian street to Park avenue, with Park avenue lo of licijjinnini:. Fniiitiriilh W'liril — P>e^innin<; at intersection nf I'ourleeiith street and Pine streel; thenci- with Pine slreet to P>eaiimoiit street, with Heanmont slreet to Laclede avenue, wilh Laclede avenue In I'.winji avenue, wilh l',wing avenue to Hernard street, with I'ernard street to .lelVerson avenue, with •lelTerson avenue and West .lefferson avenue to .Missouri Pacific Railway, with Missouri I'acific H.iilway to Sixteenth street, with Sixteenth street to Clark avenue, with Clark avenue to Kourleeiilh street, with I'mirteenth street In Pine slreet. Ihe place of iH'fiinnin;;. I'iftrintli W'liril — l!e;;inniiig at the intersect inn of lOlevenlh slreet and Can- street; thence with Carr street to Thirteenth street, with Thirteenth street to O'Fallon slre<'l. with O'FalInn streel In Fniirteenlh sti-eet. with Fourteenth slreet lo ISiddle sIriH't, with Middle street to Sixteenth stre«'t, with Sixte<>nth .street to Carr strwt, with Carr stnn't to Twenty -second street, with TweiiM' second street to Pine street, with Pine street lo Seven 300 CHARTER OF TH R CITY OF ST. LOUIS. [ART. I. Sec. 3. teentli stict-i. with Seventeenth .street to Lucas avenue, with Lueas avenue to Eighteenth street, with Kighteeutli street to Franklin avenue, with Frank- lin avenue to Sixteenth street, with Sixteenth street to Lucas avenue, with Lucas avenue to Thirteenth street, with Thirteenth street to Gay street, with Gay street to Twelfth street, with Twelfth street to Morgan street, with .Moi-gan street to Ehnenth street, with Eleventh street to ('arr street to the ]ila((' of beginning. Sixtecntli Ward — Beginning at intersection of Eleventh and Tyler streets; thence with Tyler street to Thirteenth street, with Thirteenth street to Chambers street; thence with Chambers street to Blair avenue, with Blair avenue to JIadison street, with Madison street to Fifteenth street, with Fifteenth street to Chambers street, with Chambers street to Sixteenth street, with Sixteenth street to Mullanphy street, with Mullan])hy street to Ilogan street, with Hogau street to ("ass avenue, with Cass avenue to Jeti'erson avenue, with Jett'erson avenue to Carr street, with Carr street to Sixteenth street, with Sixteenth street to Biddle street, with Biddle street to Fourteenth street, with Fourteenth street to O'Fallon street, with O'Fallon street to Blair avenue, with Blair avenue to Cass avenue, with Cass avenue to Eleventh street, with Eleventh street to Tyler street, the place of beginning. Sei-oitcenth Ward — Beginning at intersection of Twenty second and Hebert streets; thence with Hebert street to Florissant avenue, with Flor- issant avenue to Farrar street, with Farrar street to Glasgow avenue, with Glasgow avenue to Hebert street, with Hebert street to Jefferson avenue, with Jefferson avenue to Cass avenue, with Cass avenue to Hogan street, with Hogan street to Maiden Lane, with Maiden Lane to Nineteenth street, with Nineteenth street to Benton street, with Benton street to Twenty-second street, with Twenty-second street to Hebert street, to the place of beginning. Elghtccnlh llV/rc/ — Beginning at inter.section of Eleventh and Hebert streets; thence with Hebert street to Twenty -second street, witli Twenty- second street to Benton street, with Benton street to Nineteenth street, with Nineteenth street to JIaiden Lane, with Maiden Lane to Hogan street, with Hogau street to ilullaujihy street, with Mullanphy street to Sixteenth street, with Sixteenth street to Chambers street, with Chambers street to Fifteenth street, with Fifteenth street to iladison street, with Madison street to Eleventh sti-eet. with Eleventh strecM to Hebert street, the place of beginning. Xhictcriilli Ward — Itegiiiniiig at iiilersecl ion of l^leventh street and Ferry street ; thence with Ferry street to Florissant avenue, with P'loris- sant avenue to Oliear avenue, with Obear avenue to Carter avenue, with Carter avenue to Warne avenue, with Warne avenue to Florissant avenue, with Florissant avenue to Adelaide avenue, with Adelaide avenue to Carter aventie, with Carter avenue to l-'air avenue, with Fair avenue to Natural Bridge road, willi Natural I'.ridge road to Clay avenue, with Clay avenue to Ashlan;- avenue to l.ucas avenue, witli Lueas avenue lo Keauniont sti-eet. witli IJeauiuont slreel to Franklin avenue, with I'l-anklin avenue to -lelVei'soii avenue, with .letVerson avenue to St. I.,(>uis avenue, the jilaee of l>i'i;innin;;. Tircnti/first ir«rf/ — Bejiinninji at intersection of Hwinj; and lOaslon avenues: llience with l^aston avenue to Webster avenue, with Webster a\enne to .Maj;a/.ine street, with Ma-iazine street to Coleiuan street, witli (olenian sti'cet to St. Louis avenue, with SI. Louis avenue lo S])rin<; ave- nue. Willi S|U-iiij; avenue to Cozens avenue, willi Cozens avenue to I'rairie axeiiue. with I'rairie avenue l«> I'vans avenne, with lOvaus avenue to \'an- devenii-r avenue, with \andeventer avenue to Delinar boulevard, with Del- mar boulevard to (Jrand avenue, with Cirand avenue to Lucas avenue, with Lucas avenue to l%wini; avenue, with I'.win^^ axcnue to I'.aston avenue, the |ilace of bej,'inninii. I'iriuti/scroiKl ]\'(ird — lieginniii^ at intersection of 'rweiity-second and ('arr streets; thence with Carr street to JetVerson a\iMiiie. with .lelVerscui .iveiiue to Franklin avenue, with Franklin avenue to Meaumonl street, with I'.eaumonl street to Lucas avenue, with Lucas avenue to (Jrand avenue, with (Jrand avenue to Laclede avenne. with Laclede avenue to Ileaumont .strtH^t. with Uoaiunoiit stnH't to Pine street, with Line street to Twenty second stfH't. with Tw<>nt.v second street to Carr .stretM. the place of be- uinninj;. 'rirriiti/tliiril llr/n/ — Hefiinniiii; al inlerseci ion of llwiui: ami Laclede avenues: tlience with Laclede avenne in \'aii(le\('nier avenue, with X'ande- M'liler .•iveniie to Manchester aveinie, willi .Mamliester a\('niie lo I'apiu sireet. with l'a|iin street to Missouri I'acilic IJailway. with .Missouri I'acilic Railway to Tower drove avenue, with Tower lirove avenue to Folsoin ave- nue, with Folsoin avenue to Grand avenue, with (Jrand avenue to Lafayette avenue, witli I.,afayette avenue to Pennsylvania avenne. with Pennsylvania avenue lo Park avenue, with Park aveniu' to Jlontrose avenne. with Mont- rose avenue to Hut>;er street, with IJntjier street to Conipton avenue, with ('onipton avenue lo Chouteau a\cniie. with Chouteau avenue lo \\'est .lelVer- son avenue, with West .lellerson aM'iiue and .lelVerson avenue to IJernard street, with Uernard slre<'t to l",\\in.i: avenue, with i;wini; axcniie In Laclede avenue, the jdace of befiinnin;;. boulevard to south line of Forest Park, with .south lino of I-orest Park to Skinker road, with Skinker road to Clayton avenue, with ("laytiui avenne to Western city limits, with westt.-rn city limits in a southerly direction, lo a point where l",iehelberj;er street exlendeo.vle avenue, with Bovle avenue to Lindell boulevard, witii I^indell boule- vai-(l to >'ewstead avenue, with Newstead aveinie to Forest Park boulevard, with Forest I'ark boulevard to Boyle avenue, with Boyle avenue to Chou- teau avenue, with Chouteau avenue to Newstead avenue, with Newstead avenue, ott'.set on Manchester avenue to Swan avenue, with Swan avenue to Tower Grove avenue, with Tower Grove avenue to Norfolk avenue, with Norfolk avenue to Boyle avenue, with Boyle avenue to Old Manchester road, with Old Manchester road to Missouri I'aciflc Railway, with Missouri Pacific Railway to Papin street, with Papin street to Manchester avenue, with Manchester avenue to Yandeventer avenue, with Yandeventer avenue to Laclede avenue, with Laclede avenue to (irand avenue, with Grand ave- nue to lielinar boulevaid. the place of beginning. Twenty-sixth Ward — Beginning at intersection of St. Louis and Spring avenues; thence with St. Louis avenue to Sarah street, with Sarah street to Ashland avenue, with Ashland avenue to Newstead avenue, with New- stead avenue to St. Louis avenue, with St. ]x)uis avenue to Pendleton ave- nue, with Pendleton avenue to Kennerly avenue, with Kennerly avenue to Marcus avenue, with Marcus avenue to Garfield avenue, with Garfield ave- nue to Taylor avenue, with Taylor avenue to Cook avenue, with Cook ave- nue to Yandeventer avenue, with Yandeventer avenue to Evans avenue, with Evans avenue to Prairie avenue, with Prairie avenue to Cozens avenue, with Cozens avenue to Spring avenue, with Spring avenue to St. Louis avenue, the jtlace of beginning. Ticciity-scvcnth ^V(i)■^l — Beginning at intersection of Pendleton and St. Louis avenues; thence with St. Louis avenue to Marcus avenue, with Mar- cus avenue to Natural Bridge road, with Natural Bridge road to Euclid avenue, ivith Euclid avenue to Florissant avenue, with Florissant avenue to Calvary avenue, with Calvar\- avenue to Broadway, with Broadway to \\'abash Railway, with Wabash Railway to western city limits, with west- ern city limits to Page boulevard, with Page boulevard to Taylor avenue, with Ta.^-lor avenue to Garfield avenue, with Garfield avenue to ^Marcus avenue, with Marcus avenue to Kennerly avenue, with Kennerly avenue to Pendleton avenue, with Pendlettm avenue to St. Louis avenue, the place of beginning. Tvcnty-rifilith Maid — Beginning at intersection of Pendleton and Cook avenues; thence with Cook avenue to Taylor avenue, with Taylor avenue to Page boulevard, with Page boulevard to western city limits, with western city limits to ("layton avenue, with Clayton avenue to Skinker road, with Skinker road to southwest corner of Forest Park, with south line of Forest Park to King's Highway boulevard, with King's Tlighwa.T boulevard to Missouri I'acific Railway, with Missouri I'acific Railway to Newstea biviii Wfic psialilislioil by ord. I92S9 (approved March 28. 1898) under the provisions of the next section of this article, and are those .still In force, but a bill to chanKc them Is now pcndlnB. See the original ward boundaries set out In Rev. Ord. ISXI. pp. inS-lH; and as to subsequent changes. •<•■<■ McQulllin Amen. Chart., p. 166. note c. The original boundaries were changed by conniilssloner's report, approved Feb. 11. 1S87 (pursuant to Laws 1885, p. 72); then by ord. 166G2. approved April 22. 1S!I2; then by ord. 192S9, approved March 28. 189S. "The courts are authorized to take notice, without proof, that Arsenal street Is In a distant southern part of St. Ixiuls. by reason of the language of the charter of that city. In which It Is expressly named as one of the ward boundaries": rer Barclay. Walsh vs. Ry.. 102 Mo. 1. e. 589. Sec. 4. Corroftioii ofl wjinl liniils anal .\>s('iiil)l.\ 'I'lic It't^ishitivc |»iwi'r of till' City lit" St. Ijiiiii.-i .-iluill 111' Ni'sti'il ill a C'omicil ami a Hiitist' of I h'li'ijiilcs. to lie styled Ilio "Miiiiirijial Assembly of the City of St. Louis." .'Vs to tho pou'i-i's of tlio municipal assembly, its legislative functlon.s and the e.\tent to which the courts may or may not interfere therewith, and when its ordinances are or may be declared Invalid, etc., see n'^'e Introductory to Art. Ill, Sec. 26, of this Charter, and authorities there cited. As to ordinance provisions respecting the municipal assembly, its organization, elections thereto, etc., see Rev. Code, Chap. 15, Art. I, Sees. 1376 and following; as to ordinances on the subject of ordinances, see <». Art. 2, Sees. 1397-1414. and note to Charter. Art. Ill, Sec. 12. Until the constitutional amendment in 1902 the assembly was required to con- sist of two houses (as at present) but the amendment then passed will permit of an amendment to the charter so that tho assembly will consist of "at least one house of legislation to be elected by a general ticket": Const., Art. IX, Sec. 22. MriMBKRS OF XirNICIPAI. ASSTCMBLY— ORGANIZATION AND SCISSIONS. See. 2. Tlu' Coiiiicil. — Tin' Couucil .shall cousist of thiiteeu inciiihers, one of whom shall he its presitleut, who shall be chosen on a y:eiieral ticket hy the inialified voters of the eity, for four years, subject to the e.Nceptioii staled in the next section. Every member of tlie Council shall he a i|iialilied voter, at least thirty years of ajje. and shall have been a citizen ' flection thei'eaftei- for meinbei-s of the House of Ilelepites, iiienibers of the Council shall Ik' elecled In succeed Ihosi' wliiise Icniis will then have ex|>ired. See. 4. Iloii.se <»f «l4'l«'j;ate.s — eleftioii.— The House of Dele- jrates shall consist of one nii'inber from each ward, to be ehosen every Iwii years by the qiialifled voters of the several wards. See. '). (jiialiiicatitMi ol" (lele};at<»s. — Every member of tiie House of Delojiati's shall. Iiefdie ihe day of election, liave attained the ajre of at least twenty-five years, liave Im-cii a citizen of the I'nited Stales and an in haliitant of the eity tiiree _\ears. and of the ward which he may be chosen to re|iresent. one year, and shall have paid city and State taxes for at least two years next lM>fore Ihe day of elecliuii. See. (>. Additional «|iialifi«-a(ions. — In aildition to i|uali(i<-ations in the precodinj; sections, e\ery memlier of the Municipal .\ssembly shall j»os- sess the following;: Me shall not In- direi-llv or indirectly interested in anv 306 CHARTER OF THK CITY OF ST. LOUIS. [AKT. 111. Sec. 7 «. coutrart widi I lie cit.v, or aiiv department or institutiou thereof, and shall uot be indebted to tlie State or city on aecouut of any tax. He shall not liave been conx icted of niaU'easance in office. Ijribery or other corrupt prac- tices or criiiies. itcrorc any niciuher of tlic Council or House of I >eie<;ates shall lake his seal or peiforiii the duties of his office, he shall take and snbs* tickets is not such: State ex rel, vs. Bersh, 83 Mo. App. 657, 666. Sec. 7. Vacanvies ill Assoiiibly — how filliMl. — Whenever a vacancy occurs, from any cause, in the office of any meml)er of the Assembly, the Mayoi". upon infoi-mation thereof, shall, by proclamation, order an election to fill su<-h vacancy for the vinexpired term thereof, if the same exceed three months, to be held ui)on some day named in such order, not less than twenty nor more th.in thirty days next afler the issuing of the ]>rocla- malion. Oi-dinant-i- provision, see Rev. Code, Sec. 1390. As to what constitutes a vacancy in general, see note to Art. IV, Sec. 5. When the House ousts one of its members-elect as ineligible, a vacancy occurs and the House cannot declare the candidate receiving the next highest vote as elected, but the mayor must fill the vacancy: Sheridan vs. St. Louis, 1S3 Mo. 25. Sec. s. Ofticers— prerogatives of Assembly —sessions — quo- riini— atljouriinient. — Kadi house shall a}tpoint its own officers, except the rresidcnl of the Council. and shall be sole judge of the ipialitications. election and returns of its own members ; and in ease of a tie vote shall certify the same to the Mayor, who shall order a new election: may determine the rules of its own pi'oceediiig.s, except as herein jirovided: may arrest and j)uiiisli by tine, not exceeding three hundred dollars, or im]irisoimient, as ju'ovided by ordinance, not exceeding leu da.\s. or bolh. any person not a member, who shall be guilly of disresiiect to the 1 louse by any disoi-derly or ((Mitemidmuis behavior in its ]iresence during its sessions: may imnisli its members for disorderlv c(uidiicl. and \\ ilh Ihe coiicurreiK c of two thirds of all members- AI;T. 111. S.-.-. 1>-1().1 (MIAHTKK 01>' TIIR CITY ()K ST. LOl'IS. 307 clccl. iii;i\ cxiii'l M liicliiliiT ; l)Ul III) miciiiIpcI' .-ilKill lie i'X|m'II('(1 :i si-cdliil liiiic for ilir smiic caiisi'. 'I'lu- iiri-siiliii;; inciiilicr ul' llic ('(Hiiicil .-ili.ill Im- ilcsi};- iialfil iis "iirfsidciil." iiikI sIi;i1I Ik- clfclfd ;is siirli liv llic (|ii;lliti('il voters, In' •;ciicr;il liikcl cvitv lour vcai's. The presiding; oriiccf ol' the llo\isc of hclc- fiiilcs sIkiII 1m' )lcsi^ii:ili>*l ;is "siicakt'i-." :ili(l lie clcflt'd liy llic liicliilicl'.s llifrt'ol'. .\ iiiiijoril.v ol I In- whole iiiiiiilier of iii(>ini>ei's of each house shall coiisliiuie a <|iioi'Uiii lo do liiisiucss: Inil a smaller uuinlier iiiav adjourn from da\ lo ila\. and iiia\ i(iiii|icl ilic allendancc of aliscnt mcnilicrs iii such a maiiiici- and under such iicnaliics as each house may proN idc 'I'lic sessions of each house shall lie held with ojien doors. Neither house shall. without coiiseiil of the oilier, adj n for more Ihaii seven days al any one lime, nor to another jihK-e than llial in which the I wo houses may he sit- tiii};. The .\ssemhly shall hold its sessions in llie (iiv II:ill. sulijeci to temporary chaii};e as aforesaid. VltliouRh tlu- House of DoloKatos iimy oust a candldatf rcturncil as flertcd, on the irround that lie Is disi|unlitlcd by foriiipr conviction for crime. It cannot declare tlic candidate asalnst Mini as elected and admit lilm as a member, because It cannot 1)11 a vacancy caused by Its action: Sheridan vs. St. Louis, 183 Mo. 25. It was held at tlrst hy the Court of Appeals that notwithstanding the above charter provision the courts may exercise a supervisory control where the house departs from or exceeds its powers: State ex ret. vs. Glovanonl. 59 Mo. App. 41; but this case was overruled in State exrel. vs. Bersh. 83 Mo. App. S,'>7 (BIkbs. J., dis- senlin»c> and it was held that It is .solely within the sphere of the House to Judge of th< uualincatlons of its members and that Its acts in that respect cannot he controlled by the courts. The Speaker of the House holds his oftlce at the will of a majority of the delegates, and may be at any meeting removed by them: State ex rel. vs. Alt, :!6 Mo. App. 6T3. Kor ordinance on Speaker see K. C, Sec. 13.S1. As to the President of the Council, see upra Sec. 2. The functions of the presiding officers are legislative: See Albright vs. Fisher, lei Mo. I. c. 65 (overruling State ex rel. vs. Meier, 143 Mo. 439, in so far as the :utler held that such officer could be compelled by mandamus to sfgn a bill). Kul.'S may be suspended, waived or modlded: Sedalia vs. Montgomery, 109 Mo. App. 197. 210. Kor ordinance on Rules and f^egulatlons see K. C. Sec. 1388. I-'or ordtnan >n i-.tninmafv. how dealt with, see R. C, Sec. 1394. See. !l. •loiiriiiil lo Im- U(*p(. — Raeli liouse shall keej) a .iounuil of it«< proceed iii;;s. and the .\fas and nays of the memhers on any ipiestiori shall, :it the desire of any two iiieiiilK*rs. he taken and entered therein. As to yeas and nays see Art. Ill, Sees. 16. 17. 21. 25. 30: Art. IV, .Sec. 12. Thr Jnnrnal reiiulred by statute for cities of the third class Is competent proof of the prnceidlngs but not conclusive in Jurisdii-tional matters: Sedalia vs. .Montgomi-ry, 109 Mo. App. 197 (certlMed to the Supreme Court as In conflict with Knopf) vs. Hoofing Co.. 92 Mo. App. 279 and Sedalia vs. Scott, 104 Mo. App. 595). Silence of a mt'mber does ii"! .vidinci- liL-i (■•msiiil lo ii measure: Carle vs. Do Soto, 63 Mo. App. I. c. 163. See. 1(1. ^lonibors inoliyfiltlf lo olli<'«' (liiriiii; Irrni. —.No memher of the .\sseiiilil\ shall, diiiiiii; I he leini lor which hi- is elected, he eli;;ihle or appointed to any oflice under the city, nor shall any niemlu-r of the .Vs- setiilily. while such. Ih' an employe of the i-ily. or of eilher liianch of the .Vsseniltly. in iiiiy t-apacity whatever, and no compensation shall he audited or paid for services as such oflicer or employe. For other dlsiuallflcatlons of assemblymen see Art. Ill, Sec. 6: IV Sec. 10 and note thereto. No memfter of Uem-ral .Assembly shall be appointed! to any state office or of any miinirlpallty : Const,. .Art. IV. .Sec. 12; In cities of over 200.000 Inhabitants no 308 CHARTER OF THK CITY OF ST. LOUIS. [ART. Ill, Sec. 11. person shall be both state and city officer or fill two municipal offices, (not applicable to notaries, justices of the peace or militia) Const., Art. IX, Sec. 18. Sec. 11. One annual .ses.sion.— Oue session of the Assembly shall be held aniniaMy, beginuiug on the third Tuesday of April. Amendment passed in 1885; formerly sessions began on first Tuesday instead of third. Extra sessions of the municipal assembly and what legislation may be had thereat: see note to Art. IV, Sec. 18. LEGISLATIVE PROCiSEDINGS — ORDINANCES.* ♦GENERAL NOTE ON ORDINANCES. For ordiiiaiK-es on the subject of ordinances see Rev. Code, Ch. l.S. Art. 2. Sees. 1397 to 1414. As to leg:islatire poivers of (he >IuuieipaI AMMi'iiibly, and its limitations, and the control of the courts to annul ordinances, see note to Art. III. Sec. 26 (heading). Ordinances in force Ht adoption of charter, not in conflict with it. remain in force until repealed: Charter. Art. XVI, Sec. 1. Depnrtiire from prescribed form by omission of the ordaining clause or similar informalities is not fatal to the ^alidity of the ordinance: such provisions, are directory unless stated to be indispensable: St. Louis v-s. Foster, 52 Mo. 513. See to same effect Rockville v.s. Merchant, 60 Mo. App. 365, 371; St. Louis vs. Stern, 3 Mo. App. 48; see also Tarkio vs. Cook, 120 Mo. 1. 7-S. It was held that, like statutes, city ordinances cannot be shown to be invalid by going behind the formal attestation and showing that the requirements of the organic law were not complied with: Ball vs. Fagg, 67 Mo. 481, 484: but this case was overruled in subsef,uent cases; see notes to heading of Sec. 26 of this article. Ordinnncex nnnuthorized by charter or in conflict with it. see note to Art. Ill, Sec. 2r,. Ordinnnces to w:o info ell'eet ' are presumed to be passed as required by the charter: State ex rel. vs. St. Louis. 169 Mo. 31, 37; if not passed in a certain required manner necessary to their validity or if certain conditions precedent essential to their validity do not exist, that is special matter of defense to be pleaded and proved: St. Louis vs. Gleason, 15 Mo. App. 25. 29 (street opening). Parol evidence was at one time held inadmissible: Ball vs. Fagg 67 Mo. 481: but this was said to have been practically overruled by State ex rel. vs. Mead. 71 Mo.; See Fruin Bambrlck vs. Geist. 37 Mo. App. I. c. 516. See also cases under note to Charter. Art III, Sec. 9. Attn<*klnK' ordinance in (lie courts f«»r fraud ouls vs. Llcsslng, 190 Mo. 464, 490 (and sec p.4S3 that If one sectioii of an ordinance, of many sections, Is pleaded. It Is very doubtful whether other sections of the same ordinance can be consid- ered); Mooney vs. Kennett. 19 Mo. 551: St. Louis vs. Roche, 12S Mo. 541. 544-545; Tarklo vs. Loyd. 179 Mo. 600, 605; GIvens vs. Van Studdlford. 86 Mo. 149 (dis- tinguished In Brasrvc vs. Railway, 19:; Mo. 1. c. 350); St. Louis vs. nippen, 100 S. W. 1048. Reference merely to title and date of passage without more Is Insufllclent: St. Louis vs. Stoddard, 15 Mo. App. 173, 179. But If the ordinance Is a mere matter of evidence, and not the basis of the claim, and simply defines certain duties, the ordinance need not be pleaded, for the rule that evidence should not bo pleaded Is applicable to ordinances: Bailey vs. Kansas City, 189 Mo. 503, 514; BrasTK vs. Street Ry., 192 Mo. 331. 350: Meng vs. Railroad. 108 Mo. App. 553. 564; Mulderlf; vs. Railroads. 116 Mo. App. 655. 665. As to the suniclency of pleading ordinances In a police court, charging violation of an ordinance, see notation to Rev. Code. Sec. 1279. And It may he that a strictly municipal court will take notice of the city ordinances of a general nature: See McQull. "Amended Charter." note nn p 3no to .Art III. Sec 26 of Charter, citing cases from other states. Although the case declares on an ordinance and pleads it, yet if there is sufficient pleaded and proved to make a case at common law the plaintiff may recover although the ordinance Is not proved: WInkelman vs. Electric Co.. 112 Mo. App. 184. 190. citing other cases. Kvldenee of itrdlnnneeH — liwiv iirdlniiiioeH prikved. Rev. St. Mo. 1899. Sec. 3100, prnvMes that printed copies of ordln.Tnccs purported to be published by authority of the city and certified to by the officer having charge of the same (register), with the seal of the city, are admissible in all the courts of this state without further proof; and any printed volume purporting to bo published by such authority and to contain the ordinances are so admissible: See on this subject Campbell vs. Railway, 175 Mo. 171, 176 (In that case being the St. Louis Revised Ordinances); and no seal or attestation to printed volume is in such case re- quired: St. Louis vs. Foster. 52 Mo. 513, 517 (also referring to the Revised Ord. of St. Louis); Tarklo vs. Cook. 120 Mo. I, 12. citing Tipton vs. Norman. 72 Mo. 381. By ordinance provision a refere.nce to the revision of the St. Louis ordinances by section number Is sufficient: See Rev. C. Sec. 1414. But It may be observed that even In case of the offlclalstatutoryrevlslon.it may be shown that a provision has been Illegally carried Into It. and reference to the original rolls In the office of the Secretary of State is permissible to ascertain the facts: Bowen vs. Railway. 118 Mo. 541. Proof where original ordinance record torn outotregularordinance record book: Webb City v.s. Parker. 103 Mo. App. 295; proof where original ordinance is lost: Covanee vs. Milan. 99 Mo. App. 672; Wells vs. Pressy. 105 Mo. 164. 178; Rockvllle vs. Merchant. 60 Mo. App. 365. 370. That ordinances cannot be impeached by parol, or going behind the formal at- testation, to prove that the formalities required by the charter were not compiled with has been stated above in this note. Piihlle prmuniril (<> kooiv orillnnnrra. The residents within a municipality must bo held to know and take notice of the ordinances of the city; and this require- ment Is not Inconsistent with the rule that the courts do not take Judicial notice thereof: Jackson vs. Ry.. 118 Mo. 199. 218-219. .\nd the provisions enter into a contract made with the city, whether formally referred to therein or not: Sec note to Art. XVI, Sec 7. As to Judicial and public notice of Charter provisions, see note Introductory to .\rt. I of the Charter: "General Considerations Respecting Charter." KatopprI lo nttnrk ordlnnnrr as Invalid by one who claims the benefit thereof: California v.i. T.-lrphone Co.. 112 Mo. App. 722: Henderson vs. Koenig, 192 Mo. 690. See also note to Chart.. Art. VI. Sec. 2S. as to estoppel of owner to contest ordi- nance on which special tax bill is Issued: and as to the doctrine of estoppel 310 CHARTKn OF THK CITY OF ST. LOUIS. [ART. Ill, Si-c. 12-13. applying agaln.st ami in favor of the city see note to Chart.. Art. XVI. Sec. 7 and cases cited. CoiiNtrtictiou 4»f orfliiiaucfH; See note at lieading of Sec. 26 of Art. III. and cases there cited. Construction of ordinances is for the court, and should not be left to the Jury: Barton vs. Odessa. 109 Mo. App. 76. Nor can its validity be left to the jury: Fruin Bambrick vs. Geist. 37 Mo. App. 1. c. 516. See as to certain oi-dinances on construction of city ordinances: Rev. Code. Sees. 14nn-i410. Sec. 1:^. style of ordinaiK-es.— The style of ordinances of this city nIkiII he; ■•lie it nnhiinrd hi/ tlir .][ iiiiiciixtl AsscDihli/ of the Citi/ of 8t. Louis, IIS fiilliiirs:" See. IH. ()rij>iii, anieiulineiit and passagfe of bills— repox't <>u public iniproveineiit bills re(piire«l within limited time.— No oi'diuauee shall l)e passed except hy bill, and no 1)111 shall he so ;nueuded in its passage tliron_ii:h either house as to change its original pniijose. Bills m;-iy originate in either honse, and may he amended or rejected hy the other ; and every 1)111 shall he read on tliree different days in each house. Excejjt as here- lual'ter s]ie(iti(;illy ):ro\ided. no Ihll shall he considered for tinal piissage unless the same lias been re])orted njion hy a committee. No liill iexce])t general api)ro]>riatioii hills, which may embrace the various sui)jects and Jiccounts for and on account of wlihli moneys are apj)roprlated I , shall con- tain more than one subject, which shall be clearly ex])resscd in its title. Any bill or matter recommended by the Hoard of Public Improvements and referred to either a standing or s])ecial committee of the (\»iincil or House of J>elegates shall be rej)orted upon by that committee within forty days from the time it was so referred. In the event of failui-e of such commit- tee to so report within the time si)ecitied. the hill or sul)ject matter shall be considei-ed as before the Council or Honse of Delegates, as tlie case may be, and shall be referred to a committee of the whole Council or House of Delegates, and acted u|'on by said committee of the whole. Tlial ordinances are jiresumed to be regularly passed, etc.. and also that they are not void because of informalities in enactment, see preceding note (.\rt. III. Sec. 12). Tlii.s .Ncetlon is nil iniieudnieut adopted at the election on Oct. 22, 11)01. the ., * amendment adding two sentences (aftei- the words "expressed in its title"). neiijirliire frinn the form is not fatal: See autho!'ities in the preceding note. Three iIiiV4Tenl rendlnK^ held direct(H-y as to cities of the fourth class: See Aurora vs. Aurora Co., 129 Mo. 540, 577; and as to City of St. Louis: St. Louis vs. Foster. 52 Mo. 513, 1, c. 515 (holding that an ordinance regularly authenticated in the revision, could not be impeached on that ground). CliiinfirinK iiiiriniMe: See similar constitutional provision construed in State e.x rel. vs. Mason, 155 Mo. 4S6, 502, where the court says: "This purpose means the ' general purpose of the hill, not the mere details through whic-h and by which that purpose is manifested anil effectuated." Xo bill ithnll eonliiln iiior*' tlinn one Niilijeet, whieli Nhnll he e]eitrl>' expresNcd in ; the title: Tl)is claiise is not violated if all the provisions are germane to the [ one subject, and tl)e generality of the title is no objection so long as It Is not made to deceive, or to cover legislation incongruous in itself; sound policy and legislativi! convenience dictate a libei-al construction of the title and subject matter to maintain their validity: St, Louis vs. Liessing. 190 Mo. 464, 489; State vs, Whitaker. 160 Mo. 59; State ex rel. vs. St. Louis, 169 Mo. 31; Bergman vs. Ry., 88 Mo, 678, 683 (Henry, .1,, dissenting. 685); Senn vs, Ry., 124 Mo. 621, 627; Weber vs, Johnson, 37 Wo. App. 601; St. Louis vs. Weitzel, 130 Mo, 600, 615-616. AUT III, Si-c. 14-17.1 CHAUTKIl Ol' TlllO CITY (>!•■ ST I.OUIS. 3H (Noarly all llii- abovi> are decisions on St. Ixiuls orillnancos, t>iit there lira numerous decisions In this state upholding state statutes aKalnst a like consti- tutional provision, on the same principle. These cases are to the efTect that the title Is sufHclent If not deceptive as to the chief topic, and the minor features have a natural connection with the subject named In the title. Sec also on this subject: Blair vs. Chicago. 2U0 U. S. 400 loc. cit. 4S1. The constitutional Inhibition does not apply to an ordinance: Tarklo vs. Cook, 120 Mo. 1, I. c. 7.) But If the purpose of the bill Is not expressed In the title, although the body of the bill expresses the object. It Is void; It was said "the body of the bill expresses Its object, the title disguises and conceals It"; State ex rel. vs. St. Louis. 161 Mo. 371, 386 (Marshall, J., dissenting, p. 39X), repeating a quotation found In Kansas City vs. Payne, 71 Mo. 1. c. 16L'. Si'c. U ( 'oiiii>fii>:ilioii <>r iiK-iiilx'i's. — Ivu-li iiiiMiihcrot'tlic As.si-mhly sliall lie t'litillcd l<> receive, lor his ofticiiil services ol' every kind, aininally, iliirino his teriii ol' oll'ice. liiree hiiiulred dollars, and no more; lint may l)e paid ills reastnialtle e.\|ienses. anihori/.ed and incurred in any such service, lo be aii|iro\ed liy tile house of which he is ;i niciiilier. \\'heiie\er a liieni- her of the .\ssciMlily is aliseiit. wilhonl U-ave Irom his house first olilained thefelor. fur ;iii entire sittino of ;iny nieeriiio. he shall rorl'eit oni- dolhii' of his official coiii|iensal ion : and fur liiis piiriFOse the roll of ea<-li house shall lie called at eiich nieeliii}; thereof, and the naiiies of such alisiMitees shall l«> entered n|ion the jtnirnal. iind he reported :it the close of each meeting to the auditor, who shall deduct from each inciiiKcr's ;ilk)\vanrp the anionnt uf forfeitures incurred as ;ifuresaid. l''or ordinance rm this subject see Uev. Code. Sec. 137S. One not de Jure but only de facto a member of the Housu cannot recover the salary from the City: Sheridan V3. St. Louis, 183 Mo. 25. Sec. ]."i. I%ii;;r<»ssin(>ii( ol" ImII.s, — All .•micinlincnts ailupted hy either liunse. to a liill |iendin<; and ori^Minitinu in the same. sli;ill lie incor- juirati'd with the liill liy eiifrrossmeni. The emrrossinn: shall lie under the supervision of a committee of three, whose report to the house shall set forth, in wrilini;, that lliev liiul the liill trulv enjirossed. and correel. l-'or similar constitutional provisions for stiitutr.*! see Const.. Art. IV. Sec. 29. S.M-. 1(). >laj«>ri(> \o((' iu'»'«'>.s;ir> l<>|»;i.ss hill. — Nuhill shall lircume an ui'dinance nnless on ils timil p;iss;|oe ihi- iii:iiurily of the niemliers elected to e;ich house vote in its I'iivor. ;Mid the Note lie t;iken liy yeas and nays, and the mimi's of the meiiiliers voiino for and ji-iaiiisl the same Im- entered on the Jolll'lbll. Yeas and nays; See St. Louis vs. Foster. 52 Mo. 1. c. air>-.Tl6. citing N. \'. case. See as to construction of corresponding constitutional provision with respect to statutes. (Const.. Art. IV. Sec. 31): State vs. Mead, 71 Mo. 266. The court takes Judicial knowledge of the number of senators and members of state ossembly; State ex rel. v.s. Mason. I.tS Mo. 486. Sec. 17. .XiiM'iidnn'iits, <-(>iif«'r«'Hy a vote of a majority of the inemlH-is elected thereto, taken li\ yeas and ii:iys. and the names of those voting for and airainst. i-ei'orded upon the joiirmil thereof; and reports of comniittet's of confeivnce shall he :idopled in either house only iiy the vote of a niajoi'ity of the memliers eleclcd thereto. t;iken hy yeas and nays, and the names of those votin;; rectirdeil upon the journal. .See substnntlnlly similar constitutional provision as to statutes; Const.. Art. rv. Sec. S2. 3]2 CHARTER OF TIIK CITV OF ST. LOUIS. [ART. III. Sec. lS-22. Sec. IS. Kefereuce to title iiisutticient to re-enact. —No ordinancf .sliall be rcvivc'd or re-eiiiu-ted by mere relVrence to the title thereof, but tlie same shall be set forth at leuglh, as if it were an original ordinance. See like constitutional provision as to statutes: Const., Art. IV. Sec. 33. Con- strued State ex rel. vs. Finn. S Mo. App., 341; French vs. ^^'ood^^-ard. 5S Mo. 6C. See. lit. Form of aiiu'n«liiieiit. — No ordinance shall be amended by providing that designated wortls thereof be stricken ont, or that designated words be inserted, or that designated words be stricken out and others in- serted in lieu tliereof: but the ordinaiKc or section amended shall be set forth in full, as amended. See constitutional provision, relating to statutes. Const.. Art. IV, Sec. 34, con- strued: 96 Mo. 602; 92 Mo. 325: 47 Mo. 29; 58 Mo. 6i supra: 100 Mo. 439. Sec. 20. Motion to reconsider. — When a bill is put ajjou its fiiuil passage in either house, and failing lo pass, a motion is made to reconsider the vote by which it \\as defeated, the vote upon such motion to reconsider shall be immediately taken, and the subject finally disposed of before the house proceeds to any other business. See Const.. Art. IV. Sec. ST.. See. 21. Wlien ordinances to take effect. — No oidiiinucc jiassed by the Assembly, excejit the general apjiropriatioii ordinance, shall take effect or go in force until ten days after its approval, unless in case of an emergency, (which emergeiicv must b(> exjtressed in the preamble or in the body of the ordinance,) the Assembly shall, by a vote of two-thirds of all the members elected to each house, otherwise direct: said vote to be t.'iken by yeas and nays, and entered upon the journal. See constitutional provision as to Kt:itutes: Const., Art. IV. Sec. 36. This provision in the charter Hxing the time within which ordinances shall take effect is in the nature of a limitation upon legislative and ministerial power, it is founded in the policy of allowing- a certain time to elapse within which the public may acquire knowledge of the ordinance before it shall become oper- ative for any purpose; as in case of an act of the general assembly, so if any step founded on such ordinance is taken before it becomes operative no valid- ity attaches to such step: Keane vs. Cushing, 15 Mo. App. 96. 101. But an ordinance may lawfully be made to depend and be made contingent in going into effect, upon the happening of a future event within a reasonable time after the expiration of the ten days: Con.«truction Co. vs. Loevy. 64 Mo. App. 430, 432 (relying on State ex rel. vs. Pond, 93 Mo. 606 1. c. 621: the case was affirmed without notice of this point: 179 Mo. 255): Sherwood. J., in St. Louis vs. Howard. 119 Mo. 41 1. c. 47. Parol evidence and even the journal is inadmissible to show that an ordinance valid on its face was passed prior or subsequent to the date of its attestation: Ball vs. Fagg. 67 Mo. 4S1. See-. 22. Sij>niiiS' «»f l»ills — r<»adin,u- — objections. — No bill shall be- come an ordiuauce until the same shall have Ix'cu signed by the presiding ofHcer of each of the two houses in o])en session ; and before ^such officer shall affix his signature to any bill, he shall suspend all other business, declare that such bill will now be read and that, if no objectioiis be made, he will sign the same to the end that it may become an ordiiKince. The bill shall then be read at length, and if no objections be made, he shall, in the pres- ence of the house in oi)en session, and before any other business is enter tained, affix his signature, which fact shall be noted on the journal, and the bill immediately sent to the other house. When it reaches the other AHT HI. Sfc. 23.) CIIAIITKR OF THK OITV OK ST. LOUIS. ;jl3- li((iis<', (III- jii'i'sidiii;; iiflii iT llicrcof >li:ill annciiiiicc llic i'tM('|iI iiiu of llic hill, ami ilu- same ]ii'<>icc(lin>is siiall ilu'rt'U|Miii lie olj.scrvcd, in cvorv rcsju'ci, as in tlu- lionsc in which it was tirsi si;,'iu'il. 11' in cilluT lionsc any mt'rnluT shall ohjcct that any snlistitiition. omission or iiist'rti(»n has ocrurred, so that tlic hill propdsi'd li> he signed is not thi- sanu' in sniistanco and form as when considcipd and jiassed by the house, siuli olijection shall be jiassed upon hy the lionsc. and if sustained, the prcsidiiiir ofticei- sliall withhold his Kii'iiatnrc. ire thereto In After the bill h»s gone through all the legislative stages, the mere signing ti.v the preslilhiK iifllcer was held to be a ministerial duty which he can be compelled b.v mnndnmiis to perform In case ho refuses without warrant to sign: State ox rcl. vs. Meier. H3 Mo. 439 (Sherwood. J., dissenting): but this case was criticised as not announcing a correct rule of law by Judge Sherwood and over- ruled In Albright vs. KIsher. 164 Mo. 1. c. 65. 67-68, (Brace and Gantt. JJ., dis- senting on the overruling of the Melor case). The Albright case regards the duties of the presiding officer as legislative Instead of ministerial and beyond the reach of the courts. See. 2:^. Hcfiirii of liills by >l;iy«)r Hv.Ty bill, ininicdiately after its passable in Imih hoiisrs, sIkiII lie inrsented to the .Mayor, for his ap- proval or flisajifiroval. And the Mayor shall, within ten days after such pre.sentation. ronsider and return such bill to tlie house in which it orij;- inated with his apjiroval indor.sed thereon oi- :i(i(ini|(anied by his objection. If he approves the same it shall become a law, or in <-ase the Muiiici|ial .\ssenibly remain in session lor ten days after such ])resentation. and the Ma.\or fails to return sinh bill as li(>rein re(piired, it shall become a law as if api'foved by him. I'rovidcd, that if the ^lunicipal Assembly shall liiially adjourn within ten days after any siicli jtresentation, the Mayor shall, within ten days after sueh adjournment, return such bill to the Ke^rister. with his approval or reasons Utr disappro\'al. otlierwise it shall become a law as if approved. For ordinance provision see H. C Sec. 1397. This section Is as amended at the election of Oct. 6, ISS.t. Under the former charter provisions there was room for doubt what effect followed the adjournment of th" assembly within ten days after the passage of n hill which had not been returned by the mayor; but It was held that such bill did not become a law. otherwise it would have been In the power of the assembly to nullify the charter rei|Ulrlng the concurrence of the mayor In I) bill: State o.\ rel. vs, Cnrr. 67 Mo. .IS, affirming s. c. 1 Mo. App. 490. The I resent charter obviates the question; and an ordinance is not Invalid because niod by the mayor In the register's oflUe Instead of the hou.se, when it appears that both houses of the assembly had adjourned on the day of prc- v>nlaIioi' to the mayor; Paving Co. vs. Hunt. 100 Mo. 22. If the record shows the mayor's approval of a bill, the actual signature need not be proven: Bank v.s. St. txiuls. 10 Mo. App.. 587 (memo, opln.) "By the charter of St. Louis, the mayor Is a part of the law-making, or ordi- nance-enacting, power of the city government, and his concurrence In legislative action Is essential to Its validity, unless the ordinance Is passed over his veto": Gantt. J.. In State vs. Butler. 178 Mo. I. c. 340. citing Elchenlaub vs. St. Joseph, 113 Mo. 395. When a resolution Is effective and when not. see note to Art. III. Sec. 2«, 314 CHARTER OF THE CITY OF ST. LOUIS. [ART. Ill, Sec. 24.26. Sec. 24. Executive privilege as to items of apin'opriation If any ordinance presented to the Mayor coutaiu several items of ai>iiropriatiou, he may ohject to one or more items while approving otlier portions of the bill. In such case, he shall append to tiie ordinance at the time of signing it, a statement of the items to which he objects, and the ai)proi)riation so objected to siiall not take eti'ect. if the Assembly be in session, he shall transmit to the house in whicii the ordinance orij;iiiated. a cojiy of such statement, and tlie items olijected to shall be separalely reconsidered. If it be not in session, then he shall transmit the same within ten days to the Register, with his aiiproval, or reasons for disappi'oval. ( See. 2o. Action on vetoes. — Every l)ill presented as aforesaid, but returned without the approval of the Mayor, and with his ol)jections thereto, shall sTaiid as reconsidered in the house to which it is returned. The house shall cause the objections of the Mayor to be entered at large upon the journal, and ])rocee(l, at its convenience, to consider the question pending, which shall be in this form: "Shall the bill pass, the objections of the Mayor thereto notwithstanding?'' The vote upon this question shall be taken by yeas and nays, and the names entered upon the journal, and if two-thirds of all the members elected to the house vote in the aftiiiiative, the jiresidiiig ofticer of that house shall certify that fact on the rolls, attesting the same by his signature, and send the bill, with the objections of the Mayor, to the other house, in which like proceedings shall be had in relatiini thereto, and if the bill receives a like majority of the votes of all the members elected to that house, the vote being taken by yeas and nays, the jiresiding officer thereof shall in like manner certify the fact upon the bill. This bill, thus certified, shall be deposited in the oftice of the Register, as an authentic act, and shall become an ordinance in the same manner, and with like etfect, as if it had received the approval of the Mayor. For Ordinance, see R. C Pec. 139S. ART. 111. S.-I-. 28. heaUlnul NoTI': (i\ l.i:(ilSl..vri VK I'OWKRS OK CITY. 315 i,i:gisi,ativi-: i"ii\vi;i:s kni'Mkkatkd— limitations* *rt>t\t-rM uf iiiiiDlrl|iallt> In Kvucriil. A niiinU-ti>al corporation possesses and i-uii f \*Trl80 the followlnK powt-rs and no otIu*rs: <1) Those granted In express word.". C) those necessarily or fairly Implied In or incident to the powers o\prwssl> Ki'i'nted; t3) those essential to the declared objects and purposes of tlif? ii-rporatlon — not simply convenient, hut indispensable. And any fair. rinsonab'<- doubt concerninR the existence of power Is resolved by the courts against the corporation and the power is denied: 1 liillon Mun. Corp. (4 Ed.) H.i. duoiet' and followed In St. Louis vs. Kalme. ISu Mo. 309. 314, 322: to same • ffect. Slati vs. Rutler. 178 Mo. 272. il2 et seq. and cases cited; St. Louis vs. Telephone Co.. 96 Mo. 623: Independence vs. Cleveland. 167 Mo. 3S4. 3S8; Joplin vs. Jacobs. 119 Mo. App. 134. I3S. But the construction of power must not be so strict as to defeat the evident objects ami purposes of its creation: Slate ex rel. vs. Allen. 1S3 Mo. 283. 291. The construction should be in accordance with the Intent of the charter framers. In be gathered from the language and object of the charter provisions, and giving that language an Interpretation neither strict nor strained: St. Louis vs. Ilerthel. SS Mo. I. c. 130. See to .'ame effect: Railway vs. Railway. 105 Mo. 562, r.T5-E76. Ordinarily, in the absence of express authority to a nuinlclpal corporation the power to confer exclusive privileges or monopolies, will nut be Implied as within Its lowers: Kirkwood vs. Highlands. 94 Mo. App. 637. 644; Carroll vs. Camp- I,. II. 108 Mo. 557; Freeport Water Co. vs. Kreeport. ISO U. S. 587. 598; Joplin vs. Light Co.. 191 V. S. ISO. Speaking of municipal powers in general, the U. S. Supreme Court says. In Citizens' lly. vs. Detroit Ry.. 171 l'. S. 1. c. 53: There are reasons "which Insistently forbid that the future should be committed and I'ound by the conditions of the i)resent time, and functions delegated for public lurposes be paralyzed in their exercise by the existence of exclusive privileges," citing many cases. But the city ma.v exchule Itself from competing with a com- pany upon which It confers 'alla Waterworks. 172 V. S. 1. 13-19. But only by express provision: .Toplln vs. Light c. I'M r s l.-.o .\h t« N|ieeine povten Under the charter see Charter. Art. I. Sec. 1. and notis also lowers designated In this section (Art. III. Sec. 26). The assembly Is possessed of the powers formerly exercised by the county court; see paragraph on the "transfer of functions." etc.. contained in note introductory to charter "General Considerations." etc. i i-ultiiiiUe fiinelloON iif the tiiiinlelpal iiMNeiiihl.v — hi»iv fur Miilijeet to JiiilleinI eiinirul — rriiiiil. .\s will appear from the charter atiil authorities hereinafter cited, all legislative powers of the city are vested in the municipal assembly, (subject to the approval of the mayor, unless the bill Is passed over his veto: See note to Chart. III. Sec. 23: also Sec. 25 supra): hut this power Is limited to the extent that all ordinances relating to public work or improvements are required by the charter to emanate from the Board of Public Improvements and which the assembly cannot even amend, but onl.v either pass or reject. (See Art. VI. Sees, 1. 14. 17. 22 and 27 and notes to those sections.) The municipal assembly of St. Louis when engaged In the passage of an ordi- nance Is engaged In legislative functions, and in doing :io Is I'XercIsIng a part of the law-making powers of the State, and in so doing constitutes part and parcel of the legislative department; ond hence the courts have no jurisdiction to enjoin the municipal assembly from enacting a proposed ordinance or inti-r- ferlng with It In any way whatsoever: Albright vs. I-'lsher, 1G4 Mo. 56, 60, 65, reviewing thu cases and overruling State ex rel. vs. Meier. 143 Mo. 439 (two Judges dissenting as to overruling this case): State ex rel. vs. Bersh. 83 Mo. App. 657. 668; (See further, m/xi. this note.) Knllnance.i have the force and effect of laws wilhln the city. The municipal assembly Is a "miniature general assembly." and when acting within Its sphere Us ordlnance.s are accorded the same efToet os to the laws of other legislative bodies: Stole ex rel. vs. Bersh. 83 Mo. App. 657. 668; St. l^uls vs. Koster. 5 2 Mo. 513: St. I..OUIS vs. Bofflnger. 19 Mo. 1. c. 15; Taylor vs. Carondelet. 22 Mo. 105: Albright vs. I-'Isher, 164 Mo. 1. c. 64 ond cases cited; Keone vs. Cushlng. 15 .Mn. App 96. 101; Railway vs. r.allwny. 1"5 Mo. I. c. 575; Jackson vs. Railway. 310 NOTE OX LEGISLATIVK POWERS OF CITY. [ ART. III. Sec. 26. headiuE lis Mo. 1. c. 218: Grand Ave. liy. vs. Citizens' Ry., 14S Mo. 665, 671-072 and cases cited. See furtlier on this point comments and cases cited under introductory note to Charter (Art. I). The municipal assembly is tlie authorized agent of the State so far as the State powers are delegated to it by the charter, and its acts are entitled *to the same consideration as State acts: See cases above; see also cases cited under note introductory to charter. "Genera' Considerations on the Charter": See further State vs. De Bar. 5S Mo. 1. c. 397. That the public are held to notice of ordinances within the city see note to "Ordinances" under Charter. Art. Ill, Sec. 12. To the extent that a city council is clothed with legislative authority from the State it is as free from control by the judiciary as the general assembly; but it differs from the general assembly in that it is not the original and essential part of the legislative department of the state and possesses no in- herent legislative power and can only exercise the power conferred by law; and an act. even strictly legislative, after having been passed by such council, may. when attempt is made to apply it to the injury of the rights of an indi- vidual, be assailed as the product of fraud or corruption; and the city council in its ministerial functions, or acting in its contractual capacity, is under judicial control: State ex rel. vs. Gates. 190 Mo. 540. 556, 559, citing cases (and distinguishing Albright vs. Fisher. 164 Mo. 56. which involved the exercise only of legislative power with which the court denied the right of interference). See also Knapp Stout & Co. vs. St. Louis. 156 Mo. 343; s. c. 153 Mo. 560; Skinker vs. Heman. 148 Mo. 349. 355; Mor.se vs. Westport. 136 Mo. 270. See other cases below. When it is said that the validity of a city ordinance may be attacked after its passage on the ground of fraud in its procurement it is not meant that actual bribery or corruption must be shown, but it is sufficient if the fraud charged is of that character that has been defined to be the willful doing of an unlawful act; such frauu may be shown by parol of the acts of the municipal assemblymen; and in a condemnation proceeding the objection of invalid- ity may be made by the property owner without formal pleadings; the courts will look through any sham of the municipal assembly and see the truth, and the best evidence obtainable, whether documentary or oral understandings, will be received to show the rf:il purpose of the ordinance: Kansas City vs. Hyde. 196 Mo. 498. But generally, in attacking an ordinance as having been procured by fraud, or illegal influence, it is absolutely essential to plead the acts which constitute the alleged fraud and invalidate the proceedings: Paving Co. vs. Field, 188 Mo. 182, 203: Nagel vs. Railr.iad, 167 Mo. 89; Knapp Stout Co. vs. St. Louis, 153 Mo. 560; s. c. 156 Mo. 343. Ordiniinoes jire presiinipf ively vuliil, and the burden to show the contrary, or that the legal steps required in their enactment have not been observed, is -on the party attacking it: See "General Note on Ordinances" to Charter. Art. III. Sec. 12, and cases there cited. When oppres.sive or uiirt'iiNonnlile. But even if an ordinance is legally enacted • and within the scope of municipal power over the subject, the courts will declare it void, if it is unjust, oppressive or unreasonable, but a clear case must be presented to warrant a court in annulling the ordinance: St. Louis vs. Weber. 44 Mo. 547 (prohibiting meat shops in new city limits upheld): Spring- field vs. Jacobs. 101 Mo. App. 339. 342. citing numerous cases and text writers (license tax held void): Gratiot vs. Mo. Pac, 116 Mo. 450, 467 (railroad speed ordinance held valid): Neir vs. Mo. Pac. 12 Mo. App. 25 (same); Zumault vs. K. C. Line, 71 Mo. App. 670, 676 (same held void): White vs. Railroad, 44 Mo. App. 540; Plattsburg vs. Hagenbush, 98 Mo. App. 669 (same): Skinker vs. Heman, 148 Mo. 349, citing numerous cases on p. 356 (upholding special tax legislation); Hannibal vs. Tel. Co., 31 Mo. App. 23 (holding ordinance to change location of telephone poles as previously authorized to be void where no reason therefor existed); Lamar vs. Weidman. 57 Mo. App. 507 (ordinance requiring all weighing on scales to be void): Cape Girardeau vs. Riley. 72 Mo. 220 (ordinance allowing attorney fee in collecting tax is void). AKT III. Sec. 2«. heartlnK I NOTi: ON I,i:C.lSl,.\TIVK I'l i\VI:RS OK CITY. 3I7 .\nd at all ovonts where the ordinance Is sustainable only under a general grrnnt ui power and not specific authority, the reasonahleness thereof may be In- quired Into by the courts: Sprln^tleld vs. Starke. 93 Mo. App. TO. 77; St. Kouls vs. Heltzeberg. HI Mo. 37."i (hiildlne void ordinance prohibiting emission of smoke). See as to power to enact ordinances respecting nuisances, note to Rev. Code, Ch. II. Art. 12 (Sees. 584 ,/,,,). But In the exercise of powers specltlcally and directly granted, the municipal authorities are beyond the control of the courts and act legislatively: and their discretion cannot, at least In the absence of fraud, or caprice, be reviewed Judicially (most of the instances npplylhg this ruie are those of special taxa- tion): Prior vs. Construction Co.. 170 Mo. 439. 4r>l: Sklnker vs. Ileman. 14S Mo. 349, 355-356. citing numerous cases; llenutn vs. Schulte. IG6 Mo. 409; Heman vs. Franklin. 99 Mo. .\pp. 34«; Heman vs. Allen. 150 Mo. 534; Morse vs. Westport, 136 Mo. 276; Uxmar vs. Weldnian. 57 Mo. App. I. c. 513; Kansas City v.s. Trieb. 76 Mo. App. 47s. And as to avoiding ordinances for fraud, see this note above. Thr rnriircfiiK-nt uf vnlil nrdlnnnerH by the cit.v. threatening a multiplicity of sult.-i imi\ I ni.iln.d: Sylvester Coal Co. vs. St. Louis, 130 Mo. 325. I iiiMiibnrl/.ed ordlnnneeii: An ordinance is void which conflicts with a charter provision, or which is not authorized by the charter, or Is not enacted in essen- tial matters as the charter provides. All powers of the municipal assembly eman- ate from the charter and must there find their support as the source of author- ity: St. Louis vs. Kalme. ISO Mo. 309; State vs. Butler. 178 Mo. 272, 299; St. I>iuls vs. Clemens. 43 Mo. 395. 404. Ruggles vs. Collier. 43 Mo. 353. 375; Carr vs. St. Louis, 9 Mo. 190; State ex rel vs. .Tohnson, 123 Mo. 1. c. 50. In some respects the charter stands to the ordinances as the constitution does to the statutes: Quinette vs. St. Louis. 76 Mo. 402. 404; "the charter Is the city's constitution and the common council, with the mayor's approval is Its legislative body": per Gill. In Forry vs. Ridge. 56 Mo. App. 1. c. 624 (holding that a .meet- ing of the council In Kansas Cit.v is void if not at the time and place authorized by the charter). A large municipal body, entrusted with theexecutlonof a power, must be allowed some discretion In the choice of means, unless it appears that It was plainly In- tended to confine It to a prescribed mode: Page vs. St. I-ouis. 20 Mo. 136. 142. That ninttera of furin prescribed by charter In enacting an ordinance are usually directory only, and a departure therefrom not fatal: see note to Art. III. Sees. 12 and 13. and authorities there cited. lj'nc«rtaliit>- and vaKurupmi may be such as to Invalidate an ordinance (Ramsay vs. Field. 92 So. W. :',.'iii (Kans. City Ct. App.); See State vs. Railway Co.. 146 Mo. 155. holding a statute void); but a reference to specifications on file In an official office Is enough on that subject: Asphalt Co. vs. Ullman. 137 Mo. 543, 571; Becker vs. Washington. 94 Mo. 375, 380; Sheehan vs. Gleason, 46 Mo. 100 (In which the court says: "An ordinance may lack desirable precision, and still may so provide for the manner In which an Improvement shall be made, and be such a compliance with the law. although a loose one. that the courts would not be authorized to invalidate the action of the cUy officers under It.") DrlrKnllnD of nii <8«*»«8JBtte mJiaa >3sam•■ V"- • ,,.. , .,.;f^:. .;.... ;. ..; ;,...,i.^..,, „ .; . ......!, %•«. Eirr«*ka CRj-. :u:. ssiB <6ammtns vs. 'ntiuag^. h'^tt: TD. S, ass."') TOtnij' Jifiis vulifi Sinn 3iimi«rt\ mxiiilfl :hii.vi Jas tto Ilultjsratinn iln luisf cff ^strt!^tt irmprwiemeitt 'OfSiaatwis. a«t" ^nasfw iiii mna rtsD See Sintf her iBS ttn ■rclien ;.j>OTi"«r mimy 'b*^ a«l^B!teB itts mttrijsttrria;! ihe ^^iSBdiBll siil>- 5>m rati orBhittniH' imaj' "Ik- inittOe no ^n itmo ^i»- iljItiAt 3nrw«r: See ouaeF ni iicftt' in Jtou. jTHU. >5>ftC. -Zi off 'OliErtir HHtk^EOSinii Mff .-Stole iinmrar itn .rjtt?' lis lajwdlul : Sw m tIit Qees^lMlirttini ii^ T«»#*iinniiiii irr i«"Tusn. ^y liiit^ L-ntiTTtir xiit- niu>'(i3- i* ii iiim m Tttie lev -niukijic^ mt' nrtiniiaif^— t:ii:':'.Linrr :}ifTT^»er i^ xije -cttA" ^r?T\'eTnnnfniI JcnS ihis vUonciin'eiitM- aix itj^isitJXi'Vt- j^crtiuii tiSHtsnrtia-l :to :tts ^aEiaitr. uiiUiss "thf :-'■''■'■■■-—" lis 3HHra«e ever iHisB ■'VBUi: -Sw? mrrtt in ^tou. EEni. S«c. iili, ctthis State- :^s. 2 aBo. '4. >c. Satt. State •«; a^l. vs. Cajnr. I'lT, 3Ho. :»f aiifl eallujr lafflfiK: ■««■ alt; ^■- »8R: 'SO 31o. ItKS. Si. .Ih)9<3ili '-vs. "vSWilsljiw:. iTi Xa. J!xm>- 1^25:; Sikv^esBar wsB. SI. Eanite, iM« atto. ftOl. ^ nfesdXiiEian .CBmutt aGumniilish iriici wiliicili ite nwoubwB Hi) ibt- ara» 9:p- 'onBi- monmi: Stn- ITxunigr .\-"B. St. ILoiiis. JfT JHo. 4l!e; a. t. 41S(k: iC5aj>r letoMrflaaiu ^iffi. ff^aigen. :3lj aio. ^ainP- ™!1.: IDrenttm -s^. 'Clis-ile, a'(C7 Mn. Ifffi, smB <»««« *!»»• .cttHft: 2Si«>:ta(&a 'c\s. I£iaS;<;:. !]:23 JOd. %*£; SteeB ^(S. aSS JSbo. SSS. ITxiilf^p niiie jttCtioTi TteEineB :a nwsriUttirm I'te iiri tiaai -enacTtf^B TTiLi il, (fl ;Hri iirHmanw oniii ;iii Saat ife aiuiili: mirnimi -^-s. 3Hiu-Jiui:it. ^ Bli, -*!e iff a TeBrtluriDii l>ei-i^ iralHiftfl His- ai saiawcoitem onmainKnrap-: S&ilte ies mifl. -s*. Ts 'Uo., BSB aoD. 'Bail. "•tuilB seein ^he«- iihe BSBeuUi^ ialnna? ihas rpinwar *o :ttat. ((tfiiie (cemcair- '^"Ti^'or mitt 'IremET ireciuirfifli) ji nreBrilufiiin iw .-fiuffi&aKnEt; ©Bt- Htj^ 3fii). fffeB. — ^-'JcheriiBiiib .\!e. .-Si. J>oB». aaQfion aff tShe ^>-ma,(uijtftti. sa m-.ir; ijiTifjT or turrinn ic xi>t niB^jor wr.ni'in 1122 ato. «B:; -Hee ^iteo ii. ^p .aitflinrttj.- aDiB te -.vnifl:: lioia^'ooa te. -Kj-.. Hiouifi. 1L2 300. #^1^. 6. „ mnnfidiiiifl UmiOs bhw wailiB: ff»ei*!mF tti. ato- .a,T!U- :*«S: so. .nrfliranroet^^jj -HUg^sn i?e. !EB*»>er _a.-Jailiati Go., a OCT IIiouiE, raffijer Jhe CTimuil -w-be ,al. m-tne: 3n«j'or '.raiB ■dm- council iff St. man. Itiiit ilMfiin=E? mhe ^aflmttiini i„. aanpfiiini iff «!» .Saheme mff sesncra- ■vfi. limaell. 7Z2 aio. iutfc. airtimimg .- ij^ „m msueBfimlitj- waiB:: AflBinjE aoD. '.:^ip. ITS. iet::. ^qp. nar;;;; igt. jluxiiw \»!b. snx&bafl. as ff?iiiMiU!uij(i»n e. 2.. .„„jg .^ Eatime. a-Bii JBu. SOS., •CampJ'«ll -vs. St. n_ * * , ,.£. lEiiElar, !17« mo ■- : ■■■■'■: <{Ei!P. (Dt. Mn.. atec :22. aauti ' aeidbE ^hs. 3B«r!ciI. 'IThe 3jrri.\!taionE O! ithe .iihari«r miuHi bt- «. e-. ;y ^jf[, .go. ■S^'sst, niSii. 1. c. rrvJ! 318 NOTE ON LEGISI.ATIVE POWERS OF CITY. [ART. III. Sec. 26. heading. I'. S. 1. c. .371-372 ("the autliorit>' to delegate that discretion [singling out persons for certain privileges] to a board appointed for that purpose is sus- tained by the great weight of authority [citing cases] and by this court the dele- gation of such power even to a single individual, was sustained in Wilson vs. Eureka City. 173 U. S. 32. and Gundling vs. Chicago. 177 I'. S. 1S3.') The tendency of the later cases is to enlarge the power of delegation and make many acts valid that formerly would have been held unauHiorized. As to delegation in case of street improvement ordinances, see cases in note to Charter. Art. VI, Sec. 15. See further as to when power niaj' he delegated as ministerial the special sub- jects in connection with which tlie point is involved. But an ordinance may be made to go into effect on a future contingency, dependent on the action of certain persons, and this is not a delegation of legis- lative power; See cases in note to Art. Ill, Sec. 21 of Ciiarter. Delegation of State power to city is lawful: See note introductory to the Charter. l.oj;;iNlntiiin by reNiiliition or penitit. By the charter the mayor is a part of the law-making or nrdinance-emicting power of the city government and his concurrence in legislative action esser.tial to its validity, unless the ordinance is passed over his veto: See note to Art. Ill, Sec. 23, citing State vs. Butler. 178 Mo. 1. c. 340: State ex rel. vs. Carr, 67 Mo. 3S and other cases; see also 50 Mo. 488; 60 Mo. 153. St. .Joseph vs. Wilshire. 47 Mo. App. 125; Silvester v.s. St. Louis, 164 Mo. 601. A resolution cannot accomplish that which is reiiuired to lie done by ordi- nance: See Young vs. St. Louis. 47 Mo. 4'.i2 1. c. 495; Cape Girardeau vs. Fangen, 30 Mo. App. 551; Trenton vs. Coyle. 107 Mo. 193, and cases there cited; Nevada vs. Eddy. 123 Mo. 546; Reed vs. Peck. 163 Mo. 333. '-.^ ^ Unless the action termed a resolution be in fact enacted with all the requisites V, of an ordinance and in fact is such: Tipton vs. Norman. 72 Mo. 380 1. c. 384; "Springfield vs. Knott. 49 Mo. App. 612: Crebs vs. Lebanon, 98 Fed. 549. As in ca«e of a resolution bei:ig ratified by a subsequent ordinance: State ex rel. vs. Milling Co.. 156 Mo. 620. And it Vi'ould seem where the assembly alone has power to act, (the concur- rence of the mayor not being required) a resolution is sufficient: See 156 Mo. 1. c. 632, citing liichenlaub vs. St. Joseph, 113 Mo. 1. c. 402; Alma vs. Bank, 60 Fed. 203; s. c. 8 V. S. C. C. A. 564, 567. So where an ordinance is~f'nt thereof, even In case of a puhllc Improvement to be paid for by special tax bill: See cases cited In note to Art. VI, Sec. 25. In construlnK municipal ordinances deallnK with Important subjects it may ri'asonably be presumed that no provision escaped attention or was misunder- stood: Cleveland vs. Electric Ry.. 201 V. S. .Sl-'K. The title of an ordinance may be considered In Its intirpntatlon : St. Louis vs. Robinson, 135 Mo. 460, 470. As to construction of penal ordinances and their enforcement in police courts see note to Rev. Code. Sec. 1205 (cItInK amontrst otIiiTS St. Louis vs. Robinson, 135 Mo. 460, 470.) Rule of rjusdem eeiirris: St. Louis vs. LaUKhlin. 4lt Mo. Herthel, SS Mo. 12S: St. Louis vs. Bell Tel. Co.. !I6 Mo. 623. 629. St. Louis vs. The municipal assemhi.v may define the terms used in an ordinance In the same manner as the general assembly: St. Louis vs. Weltzel. 130 Mo. 600. .\s to certain rules of construction of ordinances, providr-d for hy the ordinances of St. Louis, see Rev. Code. Sees. 1400-1410. In the construction of ordinances, as in casi* of statutes, the courts lean to a construction which favors and upholds their constitutionality (Brown vs. Ry.. 137 Mo. 529: Lamar vs. Woldman. 57 Mo. App. 1. c. 513 citing St. Louis vs. Griswold. 58 Mo. 192: State vs. .Able. 65 Mo. 357: and see on this point cases cited under the foregoinar paragraplis that ordinances are prima facie valid, etc.) But this rule onl.v applies where the ordinance is .'mlhorized by the charter: State vs. Butler, 178 Mo. 272, 311. Where the construction upholds an ordinance partially-, as to whether the whole ordinance Is void or not. see cases on "partial Invalidity of ordinances" in note to Sec. 12 of Art. III. I.lnhlllty of elty pxerelMinK leitlnlnllve or iiiinlKterlni riinetionH. As to liahlllty of I'lty for defective highways and sewers, see i-.ises in note to Chart., Art III. Sec. 26. clause 2: chang-- of grade, note to Art. VI. Sec. 19: condemnations for public use. Art. VI. Sec. 1: nuLsances. see head note to Rev. Code, Chap. 11, Art. 11, on "nuisances." preceding Sec. 584. .\s to liability of officers of city see note to Art. IV, Sec. 43. The senernl rule Is that the city Is not liable for damages resulting from acts done or omitted by It or Its officers In the exercise of Its legislative, public or governmental eai>ai-lty. but Is liable for damages resulting from negligence In Its ministerial, private or proprietary capacity: Kly vs. St. I>ouls. 181 Mo. 724: ninsmore vs. St. Louis. 192 Mo. 255; Ruppenthal vs. St. I^uis. 190 Mo. 213: Murtnugh vs. St. Louis, 44 Mo. 479: Barree vs. Cape Girardeau. 197 Mo. 382; Donohue vs. Kansas City. 136 Mo. 657: Heller vs. St. Louis. 53 Mo. 159; McKenna v.s. St. I^uls. 6 Mo. App. 320; I'Irlch vs. St. Louis, 112 Mo. 138; .lohnston v.s. Dlst. Col.. 118 r. S. 21; Gulath vs. St. Louis. 179 Mo. 38; Fuchs v.s. St. I^uls. 167 Mo. 620; St. Louis vs. Gurno. 12 Mo. 414; Foster vs. St. I^ouls, 71 Mo. 157; Kansas City vs. I^-men. 57 Fed. (C. C. A.) 905. Hence the city Is not liable for failure to enforce Its own orillnances: Kiley vs. Kansas City. 89 Mo. 103; Armstrong vs. Brunswick. 79 Mo. 319: Moran vs. rullman Car Co.. 134 Mo. 641. 651; llarman vs. SI. U)uis. 137 Mo. 494. 499; Loth v.s. Columbia Theatre Co., 197 Mo. 328. 357 and ca.ses cited on p. 358. Nor for cases of defective legislation: Carroll vs. St. L«uls. 4 Mo. App. 191; Saxton vs. St. Joseph. 60 Mo. 153. Nor where Its officers act under a void ordinance believed to be valid: Worley vs. Columbia. 88 Mo. 106: nor for a trespass committed by Its officers: Quinn vs. Schneider, 118 Mo. App. 39. 330 CHARTER OF THE CITY OF ST. LOUIS. [ART. III. See. 26. Clause 1. l.iiiUillty of private |iersuii»« inter sese for violation of ordinance.^ \vas long a mooted question in Missouri. It is now lield tliat l. violation of a police regulation ordinance affords the basis ot a civil liability in favor of one injured in consequence thereof: See authorities cited in note to Sec. 1864 of Rev. Code, especially Sluder vs. Transit Co.. 189 Mo. 107. where the question is elaborately discussed and the authorities on both sides are fully collated in both the majority and dissenting opinions, with suggestions as to the limitation as well as applica- tion of the principle involved. That case has since t<.-en uniformly followed as the law of the state. Sec. 26. Liegislative powers vested in Mayor and Assembly — The Mayor aud Assembly sliall liave power within the eity. by ordiiiauoe not inconsistent with the constitution, or any law of this State, or of this charter — First — To levy and collect taxes, l>orrc)w and appropriate money. — To assess, levy aud c(dleet all taxes fur treiicra] aud .special ]iui-poses, on real and personal iir(ii)erty and lieeuses aud on any (ir all of the subjects ur ob- jects of ta.xation which the municipality may tax under the Constitution and hiws of this State ; to borrow money on the faith and credit of the city, by the issue or sale of bonds or notes, for such amounts, aud for such time, and for such purpose as may be required for current expenses, and for pay- ment of maturing bonds and for such other purposes as may be authorized by tliis Charter or by the Constitution of this State in force at the time; but no note for the purpose of borrowing money shall be made or issued for a longer period than twelve months; to approjiriate the money of the city for legitimate purposes, and provide for its debts and expenses. Negotiable bonds of the city in the form of coupon bonds or registered bonds or both, or coupon bonds with the privilege of registration, may be issued from time to time within the limits prescribed by the Constitution of tliis State in force at the time for any one or more of the following purposes, to-wit : 1. For the completion of the City Ilall in progress of construction. 2. For the construction and extension of water works or the purchase of the same, and the purchase of any laud for that purpose, bonds for this l)ur])Ose to be issued so as to comply with the provisions of the Constitu- tion in force at the time of "the issue thereof. 3. For the construction, reconstruction and extension of jniblic sewers and the purchase of land for such purpose. 4. For the construction and reconstruction of buildings for the Fire Department, and the purcha.se of sites for such buildings. o. For the construction, reconstruction and extension of bridges and viaducts, and the jmrchase of land for such purpose. 0. For the construction, reconstruction and extension of hospitals. Insane Asylum, Poor House, and the House of Kefug.-. and tiie purchase of sites for the same. 7. For the construction, reconstruction aud ext(>nsioii of court Jiouses, jails and work houses, and the purchase of sites for tiie same. 8. For the creation and laying out of public jLirks and squares, and the jmrcliase of land for the same. !). Fill- the construction, reconstruction, purchase, acquisition or ex- tension of any other public buildings or any other public improvements of ART III. Sec. 2«. Clause 1. 1 CHAFtTKR OV THE CITY OF -ST I.Ol'IS. 321 ;i pcrniaiiciii cli:ii:i(tcr which Ihc rity is op may lie iuithoriw^l or |ierinitt<>(l iiiKh'i- i(.s clKiricr to coiLstriii-l. reconstnicl. piircliasc, a<'(|iiir(> or cvlcml, ami also lo imi-fhasi' land for llic same, and llic I'liuincralion of the specific [nii-|pn.scs iiiilic |in'ii'i'ovisions of lliis Tafajifaph First of Section L't;. withotil Ihe assent of two-thirds of the (ptalilied voters of fhe city votiii;; at an election to he iudd for (iiat piir|iose. The Mayor and As- sembly may from lime to time by ordinance prescriiie the manner of hold- iufj sneli election, tiie time and manner of ^ivinjj; notice of siicii election, the form of i|ne.stion to he sii))milted. the foi-m of ballot and the method of con- ducliiif:. canvassinji and declarini; Ihe result of sncli election, and ail such other proceedinf:s and tliiii;;s as may be necessary or proiier lo do with respect lo any such election, and Ihe issue and sale of .such bonds. It shall not be neees.sary in the ordinance calling: the election, in the notice of election, in tiie (piestion submitted, or in the ballot, or in any of Ihe matters precedinj; Ihe said election, for the Mayor and Assembly to state the amount of bonds iirojosed to be issued for each pui'|(ose, but it shall be sufticiiMit if the ordinance ami notice tA' election state the total amount of Ihe bonds proposed to be \(»led Upon at the part icular elect ion then to be held, and in •;enei-al lanj;uajie the imrpose or purjioses for \\liich such total amount of bonds is to be issued, and if two-thirds of ihc \riated by the May i.ssned from time to time in such amounts, not e.xceedinj^ ill the a^};re;iate the total amount as.sented to In ilir voters, and in sticli form and containiii'; such recitals and provisions, and jiayable in siicli kind of money, and bearin;; such rates of interest, and executed by such exi-cu- live ofliccrs of Ihe city, and sidd at public or private sale by such oflicers am] in such manner as may from time to time be prescribed by ordinance. Kefumliiij; or renewal bonds as aforesaid may be so issued from lime lo lime without any vole of the voters of the city. r.onds issued under the ])rovi8ions of this Para^rrajdi First of Section ■Jt'i. reipiirinj; the assent of llie voters of the ("ily of St. Louis, undei- iIh- » ■onslilution of the Slate, may Ih' m;ide jiayable at such limes that one iweiilielh of tlie total amouni of each issue of such bonds shall be payable ••ach year. be;;innin;; one year frtun the date of the bonds. :ind so that Ihe entire amount of each issue «)f such bonds shall be p.-iid within twenty _\ears from the date thereof, the city shall, before or at Ihe time of issuing; of any such bonds, provide by ordinance for the collection of an annual lax snfti cient to pay Ihe interest on such bonds as it falls ilne. and also sufficient to constitute a sinkin;: fuml for the pa,Mnenl of one-l went ielli of the pi'.n- <-ipal iheieof aiinnally. and for the payment of Ihe entire princip.il thereof within twenty years •'••om tin- lime of coiitra«-tin}; the indebtedness evi- 322 CHARTER OF THE CITY OF ST. LOUIS. [ART. Ill, Sec. 26. Clause •-!. denep time of issuing the same. Tiie authority above given to issue bonds for any of the purposes afore- said is cumulative, and .shall not be construed to take away, affect or impair any authority of the city or any of its officers to make any public im])rove- ments under any other provisions of the charter of the city or of the laws of the State. Init the authoi-ity above given shall be construed as an addi- tional iinthority. AiuenduiontH; This (first) paragraph "was last amended at the charter amend- ment cli'ction (held on June 23, 1903, pursuant to ordinance No. 21105.) It amended the former provision hy designating specifically the objects for which bonds could be issued, it being deemed doubtful whether such power existed under the former general provision. The amendment added that portion beginning with "Negotiable bonds of the cit>-," et< , to end of clause. The city availed itself of these powers at the bond election on June 12. 1906. in pursuance of ordi- nance 22366 and the issuance of bonds was authorized tor each subject enumer- ated in the nine clauses. This section had also been amended at the charter amendments election of Oct. 22, 1901, pursuant to ordinance 20444. The issuance of the bonds was held valid by the Supreme Court as to all the subjects in gen- eral, but as to the Free Bridge bonds in particular, in the case of Haeussler vs. St. Louis, (in banc. July 2, 1907, not yet reported). I*«(«er t»i iiN»4'Ms. It'yy ami coUect fnxeM: .See notes to Chart., Art. T. Api»rf>prfnt«- for leKitlinale piirpoMeN: Si'e note to Art. III. Sees. 30 and 33; XVI, Sec. 11. Borroiv money: Power limited by Constitution. Art. IX. Sec. 19; Art. X. Sec. 12. By the amendments to the latter .•section, passed in 1900. the city was authorized ' to issue the then proposed five millions in bonds in aid of the World's Fair. (This w-as done by ordinances 20641 and 207^8; see ordinance to issue bonds in renewal of one million dollars in former city bonds: Ord. 21543 and 22865, and ordinance au- thorizing the issuance of bonds for each of the purposes specifically enumerated in the above charter section; see ord. 22366; ordinance declaring result of election called by latter ordinance, and directing the issue of said bonds for Jll,200,000 see ord. 22674). The bond issue for the Free Bridge across the Mississippi was sustained (amongst other grounds) as being within the debt limit allowed by the Constitution to .St. Louis, in the case of Haeussler vs. St. Louis, decided in banc b>" Supreme Court. Jul>' 2. 3907 (not at this writing reported), discussing also the right of the city in general to issue bonds. See the provisions of the Constitution referred to as to the limit of indebtedness and the manner in which bonds can be issued, and the note appended to Sec. 12 of Art. X of the Constitution. See also discussion generally on the subject in note to Charter, Art. V, Sec. 1. herein; and also McQuillln's (unofficial) work "Amend. Chart." introductory note pp. 124 et stQ.; and his note on pp. 280-282; also Pryor vs. Kansas City. 153 Mo. 135. 151. As to what is included under the term "indebtedness" in tlie Constitution, see Saleno vs. Neosho, 127 Mo. 627, 63S; and State ex rel. vs. Neosho. 101 S. W. 99 (Sup. Ct., Mar. 30. 1907). Charter provisions as to sinking fund for payment of city bonds see Art. XI\", Sees. 1-4. As to ordinances concerning sale, transfer and payment of bonds, etc., see Rev. Code, Chapter 37. Sees. 2390-2405; and as to provisions concerning water bonds, see R. C. Chap. 39, Art. 2. sees. 2528-2530. and Charter. Art. VII. Sees. 11, 13. Second — T«) establish, improve, liffht, sprinlile, etc., streets— rondeniii property — repair streets, brilic uses, as |iro\ idcil lor in tliis <"liaitcr: lo i-onstinct and keep in rejiaii- ail hridfjes, strecis. .sewei-s ami drains, and to iej;nlate llie nse iliei-eol', and lo confine, wail n\>. (•o\<'r mcr-, alter of elian^c the clianni'l of watei- coiifse.s ; to estab- lisli and maintain waterwoi-ks Tot- fnllv supplvin;; the city wifli wholesome watef. and lo distiilmic tin- same lor [nildic and |n-ivate uses in such man- ner ami nimn siu li icrius as sliall Kc |Hd\idc(l |p\ oi-diiiance; to establish and maintain a saiiitaiv svstcm. a s\siem of jiolicc ami a lii'e deiiartment : I'ro- ridcil. 'I'lial no svstcm of [lolice shall lie established or maintained, otiier than the [ircsciil met ?ii|inl il an system, as lon^ as the same is eslalilish(Nl liy law. KMtnlillMhiiif Dl of H(rt-«*4tiinairii<-lli>n of Ktrrrta, alleys, improvements, etc.. see notes to Charter. Art. VI. Siin U-ls an.l ..f iie«er» lb. Sees. 20-23. S[i«*i-lfil tn\ lillU ftir public Improvements see notes to Chart.. Art. \'I. S«C9. 24-26. U. el.- Sfrret iiprlnklliiK. se.- .\tt VI. S« c. 2;'. DniiinicrK for ehiinKc of Kriiilr: See note lo Charter. Art. VI. See. 9. I ne of pitreefN ii> rieeirle et»iii|iiitileM f<»r hiicIi purponoa as telegraph and tela- plutiif piWes. eonduils. niiinholes. subwa.Ns. ete.. IS iiiseussed in notes to Rev. Cod«, Chap. 12. Art. 6, Sees. 1093. 1179. 1195. 1188, In connection with the ordinances on the SUtvt.rt WhlK liii-liKletl In li-rniK nlrert. alh-.i. Ii1kIi\mi>. ete.. see note tn In illtTerent une, ti\«nerNlilp of fcf In ivtreet* ■ nil liilereptiH of iihiiiiiiiK n%%nerM. see ilisi-vissioii in notes lo Charter. Art. VI, S.T. 1 iiiii>r.>\eiiii'io-. of oireelB, etc., see Art. VI. Sees, 14. 15, 24-28. l-'or \^hHI ptiriHiMcH MtreetM iiiitv be oneil — (he tine (»f the Htreela liilint be n public OHP — npproprln(l4»n to prl^tite une In void — rnry (»bi«triietlonii, nlien permtt- Ird. The .stale holils a proprietary rljjht in roails aiol stre.t.-; in trust tor Iha people; and to perform the trust the legrislatlve authority is allowed such control that it may authorize structures to he built therein for the public use. even If some kinds of travel arc thereby Impeded: Morle vs. Transit Co.. 116 Mo. App. 1. c. 22, The riKht of the public lo the free and unrestricted use Is subject to reasonable limitations and restrictions, such for instance as delivery of fuel, goods, etc.; temporar)' obstructions of this kind are not invasions of the public easement, but Incidents to or limitations of it. and can be Justified when, and only so lonK as. they are reasonably necessary: an1.5 (holding a lease of a street void, thougli its declivity was such as to be of little use to the public). Private scales are ni>t a pulilic purpose and cannot lie maintained in the street; <;oal Co. vs. Coal Co., 62 Mo. App. 93. Nor can the city of St. Louis "vacate" , a street by ordinance for a certain time during which period it is to be used ; by a private concern, and thei'eafter again to be used as a street: Glasgow vs. St. Louis, 87 Mo. 678. It is not competent for the city to create a street in the name of the public, for the purpose of vacating it in the Interest of whom it may concern, nor to establish a street or a system of streets at tlie expense of the propert.v owners in the district for the use of a private individual or a number of Individuals;* Kansas City vs. Hyde, 196 Mo. 498. Nor will the power in the charter authorize an ordinance that houses fronting on a certain street shall be used for residence* puriioses onl.\': St. Louis vs. Iiorr, 14i> Mo. 466, 472, 485. ' E iiiiiilliorizeil 4frl>.'4triaet!oiB of ii street <»r lii;£lMYii,v is a nuisance: See discussion and authorities in In trodu(tor>- note to Rev. Code, Chap. 11. Art. 12 (preceding Sec. 58,')). .Sec also below on this point. Power to remove, see also Charter, Clause 9, of this section and article, and ordinances R. C.,' Sees. 932 et ifQ. Strnin riillroailN in a Mlreet, ulilonalk or Kllcy so narrow or so operated that the use of the street by the railroads will destroy the use of the ytreet by the public as a highway, are nuisances, and an ordinance purporting to permit such use or confer such right is void because an appropriation of a street to Inconslst- ART III. So.-. 2«. ClauacJ i <'I1.\KTKR Ob' TH !■; CITY OF ST. I.Ul'IS. 325 rnt uses, anJ as destroying the rights of the abutting propert.v liolders, and Injunctive relief may he had: Lockwood vs. Wnhash. 121! Mo. SG. and cases cited: Dubach vs. Railway, 89 Mo. 4S3; Morle vs. Transit Co., IIC Mo. App. I. c. 24 fl irq. citing numerous authorities: Lackland v.s. Railroad, 31 Mo. 181: Lumber Co. vs. Railroad, 129 Mo. Aa\> (sidewalk obstruction — awarding Injunction); Corby vs. Railroad. J50 Mo. 457 (alley — same) citing authorities: Knapp, Stout & Co. vs. Railroad. 126 Mo. 20: Sherlock vs. Railroad, 142 Mo. 172: nor can the city condemn private property for a street In order afterwards to give It over to a railroad to be used for switches: Kansas City vs. Hyde, 198 Mo. 498. Hut tt switch, part of the road. Is not a private use but a public one: Knapp, Stout & Co. vs. Ky., \>6 Mo. 26: Brown vs. Railway. 137 Mo, 529. Anil unless It be shown that the use liy the steam road will practically destroy the use of the street by the public the ordinance authurl7.1ng such use will not be held void, although In the more recent cases the tendency Is toward more strictness against the railways: Morle vs. St. Louis Transit, 116 Mo. App. 1. c. 25. citing the authorities, especially Sherlock vs. Ry.. 142 Mo. 172: and see Geofray vs. Merch. Bridge, 179 Mo. C98; St. Louis Transfer vs. Merch. Bridge, 111 Mo. 666; Brown vs. Ry.. 137 Mo. 529; Handle vs. Ry., 65 Mo. 325. Nor can the city authorize a private steam road to use the street for private purposes: Glaessner vs. Anheuser-Busch, 100 Mo. 5(tS; see also nrt>wn vs. Ry.. 137 Mo. I. c. 637. See further as to when steam railroads ari' nuisances In the street* note to R. C, Chap. 11, Art. 12, on "nuisances." The rights of abutting owners as affected by steum roads Is fully discussed and the authorities collated. In De Geofray vs. Merch. Bridge Co.. 179 Mo. 698. and It Is held that no action lies vt-here the road is built on the grade (only on the doctrine of ilare df cisis but that an action lies where the road Is not built on the grade or street level. The court holds the tendency to be toward more lib- eral relief against railroads In favor of property holders and that if the question were new damages could he recovered even If the road be on the grade. Mrrj-t Kiilltvnyii In the streets, however, are not In all respects governed by the conslileratlons applicable to steam roads in the streets, and the decisions above cited relating to the latter do not apply to street railways unless the tracks of such street roads ore so defectively or peculiarly constructed as to prevent the current use of the highway by the public In the ordinary course of travel: I'lacke vs. V. D. Co.. 140 Mo. 634. 637: see also discussion In Morle vs. Transit Co.. 116 Mo. App. 12, 25 and cases cited. But the same principle applies to street ns to steam roads: See Nagel v.s. Street Railway, 167 Mo. 89, 97. Sec as to the difference between the power of the city over steam and street roads State ex rel. vs. Corrlgan. 85 Mo. 263, 275 and case.s cited. Tile street car company (like a steam road) must lay Its tracks on tile street level or be liable to abutting owners for damages: l-'arrar vs. Klectric Co.. 101 Mo. App. 140. (And see Rev. St. 1899. Sees. 6116-6119. providing for assessment of damages before the grant by any city of a franchl.se to any elevated, under- ground or othtr street railway, on, over or under ar.y street, etc. This act applies to surface street railways: Huckert vs. Grand Ave. Ry., 163 Mo. 1. c. 276. but It confers no right to damages where none would exist before Its enactment: Nagel vs. Llndell, 167 Mo. 89. 98; Ruckert vs. Grand Ave. Ry. svpra. And the right of the public over the highway Is paramount; so that the city, when changing conditions and incrjasing travel in a navigable stream under which the street car company operates through a tunnel make It necessary, may rei|ulre the company at Its own expense to lower such tunnel and Increase thereby the di-pth of the water: West Chicago Ry. vs. Chicogo. 201 U. S. 506. The city has no power tct confer on one street car company the exclusive use of a street for its own business; and other companies cannot be excluded from using Its tracks on making Just compensation (Charter. Art. X. Sec. 6, R.v. Code. Sees. 1894-1899): Grand Ave. Ry. vs. Citizens' Ry.. 148 Mo. 1. c. 672. and cases cited; Railway vs. RalUvay. 132 Mo. 34. 43 and cases cited. • .Vs to tin- rights ami iiowi-rs of the city over street railways see Charter. Art. .\. 111!'" .Vrt III. Sec. 26. Clause II: ordinances R. C, Sec. 1863 and following. \nrntlnK ntrrrlnt A street cannot In tjne ordlnanct* be lawfully "vacated" for a definite period, after which tt is again to becoie-. a street: Glasgow vs. St I..OI1IS. 87 Mo. 678. 682. A street cannot be created . ,r the purpose of vacating It in the Interest of whom it may concern: Kansas City vs. Hyde. 196 Mo. 498. 326 CHARTER OF THK CITY OF ST. LOUIS. f ART. III. Sep. 26. Clause i. The question whether or not a street or alley shall be vacated is wholl.v witliin the legislative discretion of the municipal assembly, with which (in the absence of fraud) the courts cannot interfere: Knapp. Stout & Co. vs. St. Louis. 156 Mo. 343; Glasgow vs. St. Louis. 107 Mo. 198; as to what is fraud in vacating street see Kansas City vs. Hyde, supra. As to when the courts will interfere for fraud in enacting an ordinance see note introductory to this article (III. Sec. 26). Nor can any but an abutting owner complain: Knapp. Stout & Co. vs. St. Louis, 156 Mo. 343; s. c. 153 Mo. 560; Glasgow vs. St. Louis. 107 Mo. 198. When a street is vacated the abutting owners take the land free from the former easement: Thomas vs. Hunt. 134 Mo. 403. A highway cannot be in effect vacated by way of estopping the city from claiming it to be public property because included in an action to condemn private land for public use: Moses vs. St. L. Sect. Dock Co.. 84 Mo. 1. c. 246-247. But for the vacation of a street or alley the abutting owner is entitled to recover any special damage he may suffer thereby. His right is a property right and the vacation is subject to tiie constitutional provision against taking or damaging private property without just compensation, for which the courts of law will furnish him an adequate remedy, but not always an Injunction: Christian vs. St. Louis. 127 Mo. 109; Heinrich vs. St. Louis. 125 Mo. 424 (discussing the lot owner's right to damages). An ordinance, it was said, declaring an alley vacated is insufficient, because the abutting propert.v owners have rights which could not be taken from them by the mere passage of an ordinance: Mitchell vs. Railroad. 116 Mo. App. 81, 88. Upon vacation of a street or alley the title reverts to the abutting property owners: i6.: see also note under Art. VI. Sec. 1. as to rights of abutting owners. I.iiiliility for dniniiKeM for defective .streelx, itldenulkx, eli-. The city having undertaken to open a street for pedestrians and velilcles is bound to keep tlie same In repair and reasonably safe for travel by day and by night, and is liable for Injuries from neglecting this duty. The cases on this subject are numerous, as well those applying the rule as those recognizing exceptions and limitations, but as this matter is one of general rules of law not specially affected by our charter and ordinances, a detailed discus- sion thereof would be out of place in a revision. U may. however, be mentioned that the burden of keeping the street or side- walk in a reasonably safe condition is not a police but a governmental duty which can not be shifted by the city upon a tenant who is not the owner, without his consent: Ford vs. Kansas City. ISl Mo. 137 (holding such provision void). But the rule as to requiring' the abutting owner to clear away snow and ice is held to be based upon the police power and is valid; but will not furnish the basis of a civil action to a private individual against such owner, nor enable the city, after being compelled to pay damages, to recover against the owner: See note and comments to Rev. Code, Sec. 1234 and cases there referred to. (As to lial>ility of city for ice and snow on street see infra, this note.) Tile duty to keep the streets safe for travel rests upon the city, and the city will be primarily liable for a failure to do so although by ordinance or agree- ment such duty is cast upon a street car company (Springfield vs. Ry.. 69 Mo. App. 1. c. 523) or a market company (Blake vs. St. Louis. 40 Mo. 569. 571) or an abutting owner to keep a sidewalk free of ice. etc. (Norton vs. St. Louis. 97 Mo. 537). But ;i municipality against which judgment is recovered for a defective street, resulting from the negligence of another, has a remedy over against the latter: Gaslight Co. vs. Dist. Col.. 161 U. S. 316. The city is not liable for acts done in its governmental capacity, but only in Its ministerial capacit>* and hence is not liable for injuries on streets or sidewalks, or parts thereof, which it never assumed to improve: Ely vs. St. Louis. 181 Mo. 724; Ruppenthal vs. St. Louis. 190 Mo. 213; Hannibal vs. Campbell. 86 Fed. ' in the plans: Foster vs. St. Louis. 71 Mo 157; see cases cited in introductory note to this article. AKT. III. sec. W. Clause i.| CllAKTKK OK THK CITV OK ST. LOl'lS 327 Nor for failure to enforci> Its own ordinances, (see same note). Nor fop Injuries on a street It did assume to take charge of and Improve. If in fiii-t It Is not In the city limits: Stealey vs. Kansas City. 17S) Mo. 400. See also St. l.ouls vs. University. SS Mo, 155. Uut If the city by ordinance provides for Improving a street It will be presumed that It Is In the city limits: Kansas City vs. Uloek. 175 Mo. 433^ and the city Is liable where by an extension of Its boundaries it takes In what prior thereto was a state road; It does not Inht-rlt the Stale's Immunity: Foster vs. Kansas City. 114 Mo. .\pp. 728. So the city Is liable where It extends Its sidewalk onto private property In such a manner that the line of demarcation cannot be distinguished ; Deland vs. Cameron. 112 Mo. App. 704; O'Malley vs. Lexington. 99 Mo. App. 695; and for Injuries resulting from excavations on privati* property so near the street that one using the side- walk Is Injured by falling Into the excavation; Wiggins vs. St. Louis, 135 Mo. 538; compare also Hannibal vs. Campbell, 86 Fed. (C. C. A.) 297. 301. As to necessity of showing acceptance of dedication as street and what suf- flclent to show there is a street, see cases cited herein below. Amongst the recent cases discussing the llal>llit>' of the city for ilefecllve streets or sidewalks may be named the following: Projecting sign falling on pedestrian on street from above: Loth vs. Columbia Theatre. 197 Mo. 328. For Injury on unimproved sidewalk — contributary negligence as matter of law: Kuppenthal vs. St. Louis. 190 Mo. 213. Same subject — -cinder walk — what Is evidence of assumption of Jurisdiction by city of duty to repair: Dinsmore vs. St. Louis. 192 Mo. 255. Injur\- by servant of city assaulting conductor of street car l': ICly vs. St. I.,ouls. 181 Mo. 724. I'^ntlre widtli of street or walk once opened to public to be kept safe: Kossman vs. St. Louis. 153 Mo. 293, 299 (street); Cottey vs. Carthage. 186 Mo. 573 (sidewalk — space between pavement and curbing); Fockler vs. Kansas CIt.v. 94 Mo. App. 464 (same). Obstructing sidewalk — third parties — when lawful: Hesselbach vs. St. Louis, 179 Mo. 505. Man-hole In street — contributory negligence in law: Wheat vs. St. Louis, 179 Mo. 572. Cellar door in sidewalk — notice: Fehlliauer vs. St. Louis. 178 Mo. 635. Water-meter box In sidewalk — notice — hidden defect: Carvln vs. St. Louis. 151 Mo. 334. Obstruction of sidewalk by loose counter — children playing in street: Straub vs. St. Louis. 175 Mo. 413. Defective sidewalk — notice In time to repair: Reauvals vs. St. Louis, 169 Mo. 500. Ice and snow on city sidewalks: Reno vs. St. Joseph. 169 Mo. 642 (Irregular ley ridges); san»e; Reedy vs. St. Lciuls, 161 Mo. 523. Same: r*eters vs. St. Joseph. 117 Mo. App. 499. Same: Quinlan vs. Kansas City. 104 Mo. App. 616. Defective street — timely notice of defect: Ball vs. Neosho. 109 Mo. App. 6S3. 691 and eases cited. Kltch In street, unguarded and unllghted: Jackson vs. Kansas City. 106 Mo. App. 52; Lindsey vs. Kansas City. 195 Mo. 166 (same). Defective sidewalk — no notice — no knowledge; Doherty vs. Kansas City. 105 Mo. App. 173. Same: Gerber vs. Kansas City. 105 Mo. App. 191. Stone falling from wall alongside street: Frank.- vs. .St. I»uls. 110 Mo. 516; (Irogan vs. Co.. 87 Mo. 321. Slippery mud on sidewalk: Mtlledge vs. Kan-sas City. 100 Mo App. 490. distinguishing Badgeley vs. St. I^uls. 149 Mo. 122. Dedli'atlon of street not necessary. What Is assumption of possession of str>'et or walk by elty sufficient to Impose on It the duty to repair: .See the fol- lowing i*as»'s; O'Malley vs. Lt-xington. 99 Mi». App. 695; Dinsmore vs. St. Louis, 192 Mo, 255; Muus vs. Sprlngtleld. 101 Mo. 613; Melners vs. St. Ixiuls. 130 Mo. 274 (showing wh''n dedication and acceptance by city n<*ed or need not be shown); and as to wti-ii lanil b.ionus a street, see further, note to Art. VI. Sec. 1. I oncriil iivir ii-^rm. • ont4'rr'-d by .\rt. 11 1. Sit. 26. Clause 2. "to regulate the use thereof." uutliorlies an ordinance (now Sec. 2304 of R. C.) requiring payment of & special tax hill before a lot owner may get connection therewith: Hill vs. St, (..oiils. 159 Mo, 159, A city's riglit to lay s.-wers necessary for the public health Is paramount to a company's right to water pipes laid In pursuance of an ordlnanc- S.-.- Nat'l Wat<-r Works Co vs Kansas City. 28 Fed, (C, C, ) 921; Now 328 CHARTER OF THE CITY OF ST. LOUIS. [ART. III. Sec. 26. Clause 3. Orleans Gas Co. vs. Drainage Comr's, 197 U. S. 453 (maintaining the city's right to compel change of location at the company's expense). As to «e«'erM nnti Kpertal lux liillH therefor see Charter, Art. \"I. Sees. 20-26 and notes thereto. I.iiibility of c*ity for iuMultifit* nt or dffvt-l^ ve MewerN iinil for oiertltfivN iiud Miirfaoe wjifer. There is no liability for overflow occasioned by an extraordinary and unusually heavy rainfall, nor where the sewer is sufficient to carry oft the water under ordinary conditions: Gulath vs. St. Louis. 179 Mo. 38 (Mill Creek: sewer); nor is there any liability, even if the sewer is insufficient and out of repair, if the excessive rainfall would have produced the same damage whether the city had been negligent or not: Brash vs. St. Louis, 161 Mo. 1. c. 440, followed in Gulath vs. St. Louis, supra. But if the defects in the sewer are the result of municipal negligence and cause damage or contribute with other causes to do so. the city is liable: Brash vs. St. Louis. 161 Mo. 433. \\'hfi"e the city is sought to be held for a sewer explosion it is incumbent on plaintiff to show the cause of the explosion to be due to the city's culpable neglect: Fuchs vs. St. Louis. 167 Mo. 620. The city cannot be held for injuries resulting from causes which it could not in the exercise of ordinary caution and foresight have anticipated: Fuchs vs. St. Louis, 167 Mo. 620. Upon the question of liability for insufficiency in the plan under which the sewer was built, so as to make it inadequate even when it is not out of repair and there is no neglect causing obstructions, etc.. see Gulath vs. St. Louis, 179 Mo. 1. c. 53 (where the question was raised but the case decided on bther grounds; see cases cited in briefs of respective counsel); Steinmeyer vs. St. Louis, 3 Mo. App. 256; see also Foster vs. St. Louis. 71 Mo. 157 (overflows caused by de- fective plan of street grade, city not liable); Johnston vs. Dist. Col., 118 U. S. 19. As to liability of city for changing the flow of surface waters, see Rychlicki vs. St. Louis, 9S Mo. 497; Stewart vs. Clinton, 79 Mo. 603; Foster vs. St. Louis. 71 Mo. 157. and cases cited on p. 158; Payne vs. Ry., 112 Mo. 6; Barns vs. Hannibal. 71 Mo. 449; Carson vs. Springfield. 53 Mo. App. 289. And see as to pollution o( streams, obstruction, etc.. being nuisances: note to subject of "nuisances" in Rev. Code. Chap. 11. Art. 12 (preceding Sec. 584) ; Damages for defective water main, etc., causing flooding of premises: Rice vs. St. Louis. 165 Mo. 636. Regulnfion of wharves! See authorities cited in Rev. Code. Sec. 345; see also Charter. Art. III. Sec. 26. Clause 4 and references there made; see also Belcher Sug. R. Co. vs. St. L. G. El. Co.. 82 Mo. 121; s. c. 101 Mo. 192. Ilflroiiolitan police: A police law emanating from the State excludes the Dott'.r of the city to provide for the same subject by charter, and the charter provision will be ineffective:- State ex rel. vs. Stobie. 92 South, W. 191; s. c. 194 Mo. 14; State ex rel. vs. Police Commissioners. 184 Mo. 109; .State ex rel. vs. Mason. 153 Mo. 23, and cases cited. See as to the Metropolitan Police law now in force in St. Louis compilation of "Laws Relating Specially to St. I^ouis." ante pages 1T4-1.M. Chap. 24, Sees. 427- 459. and the notes thereto. T/u'/J — ;>Iuiiicii>al buildings, market places — authority to im- prove or s<'Il parks, ete. — To eveet, pureliase orreut a city hall, work hou.ses, house.s of correcfion, poor houses, insane asylums, eugiue houses, and all other niH'essary nniiiicipal huililiiifis; to estahlisli market places and meat shops, and license, reonlate, sell, lease, abolish, or otherwise dis])ose of the same; and to inclose, improve, reo'ulate or stdi all jiarks and other imhlic opounds helonuilij,' lo the city. fity Hjill: See ordinance and note thereto in R. C Sec. 1. Work-hoiine: ."^ee notes and cases cited under ordinances relating thereto In Rev. Code, Sees. 1742-1784 inclusive (Chap. 21, Art. 4). Huiixes of rorreetioii: See as to House of Refuge, now "St. Louis Industrial School" note and references therein appended to Rev. C. Art. V, Ch. 21 (Sec. 1786). . ' AKT. Ill, Ser. 26. Clause 4-3.] CHAHTKIt OF TlIK CITV OK ST. I.Ol'IS. 339 I'tM.r lloiiMi*: .n»rm See OrJlnanees on I'"lre Peparlmeiit. U. C CImp. G, Sees. 285 n „„ Se.' rimrler. Art. XI, Sees. 1-5. and on Klre TeleRrapli Dcp. see R. C. Chap. 7, Sees. 306-319. Mnrkrt iiliierm Se.' eomments an.l eas.-s app.'ml.il to onllnano.-.s on the subject: K. C. Chap It; (Sec.x. 1415 to 14S6 Inclusive) especially to lieading; of Art. 1 of CliaptT I'i (pr.'cedlnK Sec. 1415). y\rin vhiipit: See ordinances and notes R. C. Chap. IS. Art. 0. Sees. I 173 to HSO. rnrk<<; See notes and references to ordinances and cases In Charter. Art. VIII. Se.' al.'.o It. C. note to hea.llns Chnpt. 25. "Putille Parks." See. K'lSf/jrj. I\utrth—Tu iin|>ro\<' harbor, i'«'<;iila<«' fj'rrics, <'iTaf<' |M»r< wartU'ii.s, r«'<;ula(«' in<>oriii<; of \«>ss«'ls. h-asi' |><»r(i<>ns ol \\liai'r, *'(<•. — Toi-dii.struc't iill iii-rilfiil iiii|iraved wharf for special imrjjoses, such as the erection of sheds, elevators and warehou.ses, and for railroad tracks, for (|ua\-i)laces, for the landing of liiinher for mills, for cotton pres.> Harbor an.l Wharf Cuiuniissioner s.-e Charter, Art. IV, Sec. 38, and Art. IX in general: also ordinances Uev. Code, Sec. 1964-1969. 1S99: employes: Sees. 1965, 2012-2014. 111. /•'////; - To license. lii\ and rctrn l;ilc \ .arioiis KIikK of business, «*t<'. — fix ra(e> foi suppress certain oeeupat ions anti aMiiis4-nM>nts. — To iiecnse, tux mid r.'^'iiiale lawyers, dci.'lor.-,, doclie.--.-MS, iiiideit.nkeis. dentists, auctir)Ueers, jrrt)eers. iiD-n-liants. retailers, iiotels. ))oardin^' iioiises. tenement houses, office hnildinjrs, imtdii- liiiildin^s. ]iiil)Iic halls, jniidie i;roiinds, i-oneerts, jdiotofrrapli- ■JJQ CHARTKR OI'' THE CITV OF ST. LOUIS. [ART. lU. Seo. 26. .Clause 5. ists, artists, agents, porters, riiiiiiers, (Inimtiiers, public lecturers, juiblic meet lugs ;iii(l sliuws, real estate agents aud lirukers. tiiuiiiciai agents and broilers, hur.se and cattle dealers, jjatentright dealers, inspectors and gang- ers, stock yard proprietor.s, examiners of titles, conveyancers, mercantile agents, insurance companies and insurance agents, bankers, banking or other corporations or institutions, telegraph companies or corporations, street railroad cars, livery and sale stables, hackney carriages, private car- riages, barouches, buggies, wagons, omnilmses. carts, drays aud other ve- hicles, and all other business, trades, avocati<»ns or pi-ofessions whatever; to lix the rates for carriage of persons, and of wagonage, drayage aud cart- age of property, and regulate the width of the tires of all vehicles for heavy transportation; to license, regulate, tax or suppress ordinaries, hawkers, peddlers, brokers, jjawnbrokers, money changers, intelligence offices, public masquerade balls, street exhibitions, dance houses, forrune tellers, pistol galleries, lottery ticket dealers, corn doctors, lock, private and venereal liosjiitals, museums and menageries, e(|uestriaii performances, horoscopic views, lung testers, muscle develojiers. magnifying glas.ses. billiar>- one applying for a license. Its issuance by the proper officer may be compelled by mandamus: St. Louis vs. Weitzel, 130 Mo. 600. A contract by the city to exenipt a particular corporation from a license tax Is void: Springfield vs. Smith. 138 Mo. 1. c. 655, being within the principle decided In State vs. Railroad. 75 Mo. 208. ART III, S*r. 2S. Clause :.. I ClI AKTKl: Ol' TIIK riTY OK ST. I.Ol'IS 331 The eity hUM power to enforce l>y prosecution ii penalty for violating license tax provision: St. Louis vs. Ureen, 70 Mo. 562; St. Louis vs. Weltzel. 130 Mo. 600: St. I^nils vs. Sternberg. 69 Mo. 2S9. 302. See as to enforcement of ordinances In the police courts, note to Sec. 126r> of R. C. It Is perfectly competent for tin- city ns the delegated aB<-nt of the State to collect un ad valorem tax on property used In a calling and also Impose a license tax on the pursuit of that callini;: Aurora vs. McGannon. 138 Mo. 38; St. Louis v.s. Green. TO Mo. 562; s, c, 7 Mo. App. -(68; St. Joseph vs. Krnst, 96 Mo, I, c, 367; St. Louis vs. Weltzel. 130 Mo. I, c, 619, But the city cannot Impose a tax unless authorized l>y charter: Kansas Olty vs Crush, lal Mo. 128. 131: St. Louis vs. LauMThlln, 49 Mo. 559: St. Louis vs. Kalme, 180 Mo. 309. License f'ollector. .see I! C, Chap. 30. *'.\Bd nil uther liunlnriiM, lrfiil«a, nvocntlonn i>r iirofrpmhinn «^ iinlever," Includea those Duidtm trn-rt^ and hence covers architects; St. Louis vs. Herthel, 88 Mo. 128; telephone companies, as ejusdem ffenerls with teleffraph companies; St. Ix>ul» VH. Bell Telephone. 96 Mo. 613, 629: SewInK Machine Agents: St Loula vs. Bowler, 91 Mo. 630. See as to \'ncatlons licensed and taxed hereunder R. C. Sec. 2270. 1.11%^ yern nail UuetorN cannot hi' licensed, by reason of statute. R. S. 1899. Sec. S260. Casi-s prior thereto: St. Louis vs. Sternberg. 69 Mo. 289; St. Louis vs. Laughlln. 49 Mo. 559. \rehltreiK: St Louis v.s Herthel. 88 Mo. 12S. >e>«liit iiii.'lHne XkciiIm: St, Louls VS. Bowler. 94 Mo. 630. »u.ii..i r»: .-~e.> R. C. Chap. 31. Art. 1. Sees. 2126-2136. ilnnker«. llniUern nml I iiHur.i ii.e < piinlen: 1{. C Cll. 31, Art. 2. Sees. 2137-2U* and niite" Foreisa lnHUrilll«-e ( ••m iniiilri : R. C.. Sec. 2280. ConiifiU^loii >i<-reiiMiit<4 mill >l i- ri-liii ml Isi- llniUern: See oriUnances R. C, Sees. 2145-2149 nrRiimhopii: See notes to Hev, Code. Chap. 31. Art. 4. heading, and also notes to Sees. .'I."i»-l'l65. This subject Is now governed hy State statutes; see same set out In 'Ijtws Speilally Applicable to St. Louis," p. 122. Chap. 8, Sec. 229. and fol- lowing, and notes thereto appended. See as to keeping saloons open on Sunday under old charter: State vs. Binder. 38 Mo. 451. Hiei'irie liniterlex: Ordinances U. C. Sees. 2166 to 2I6S. Koniiiie ii-lti-r<« mill \^iriiIiiKlMt<« : See ordinances In R. C.. Sees. 2169-2172. Merrhnntn* I.i<-'-lis.- Tax (■'iir iirillMance provisions s*'e Rev. Code, L'hap. 31. Art. II. Sees .'l96-220.'i and notes. As to who Is II merchant and where a sale Is said to take place, and when power to require license exists, see In general; Canton vs. McPaniel. 1S8 Mo. 207, and cases cited: Kansas City vs, Grush, 151 Mo. 12S. I'lUfiirmllv of tax: .Aurora vs. McGannon, 13S Mo. 38. >laaiiraeiurrni: Ordinances K. C. Sees. 2179-2183 and note. Ilii»ki-ra iiiiil I'riliilrriii I'or ordinances see Rev. Code, Chap. 31. .\rt. 14. Sec. 22l9-:;-;lM and .s '•mirni'nt.s and r»*ference8 to cases thi»re cited: see also St. Louis vs. Meyer. 185 Mo. 583, Hnunr aad Krai Katatr AKentn Mn«l llrokerH. For ordinances see Rev. Code, Chap 11 An ^ S...S vi :•;. .'1 7s. and ca.ses ond comments In the notes thereto. IliiirU niiil Itiinnllnu lliiiivrii: S<-e notes and ordinances R. C, Sees. 2173-2t7S. (Hotel runners see below.; InirllUi-ni-.- iiiTlera: onllnanceM It. C, Sees. 2179-2183. 332 CHARTER OF THE CITY OF ST. LX)UIS. (ART. III. Sec. 26. Clause 6. (IrdlnarieK or Kf>itnuranker»: S<-e ordinances. Sees. 2231-2235. Mrunihunt. Kailrnail nnrt Hotel Kiinnerx: See ordinances R. C. Sees. 2236-2246. HorMe and Cattle l>ealer*i, stoc*k>jirdN sulew stiiltleH. etc.: See ordinances and r.Otis., R. C. Sees. 2247-22.')6. Street Rallnay Cars and ConipanirH: See full note and comments, and references, to heading of Art. 18 of Ch. 31 of Rev. Code, and of the ordinances in connection therewith, viz.: Sees. 2257-2264; also Sees. 1863-1903. steam RaiHvayn: R C, Sec. 1852 and note to heading of that Art. \anlt tleanrr*: Ordinances R. C. See. 2265-2269. Sundry vocatlonH, engraver, lithoi^apher, photoganist, iiiercnntile a^ent (see note on merchants), keeper of billiartl table, pool table, pistol Kallery, shooting galleryi See ordinances thereon in R. C, Cti. 31, Art. 20, Sec. 2270. Fruit Aui-tidueer: R. C, See. 22S7. Kerrlem Ord. R. C, Sees. 413-416 and notes thereto. KnKineerH: .'Jee Rev. Code, Sec. 2332, Ha»vd}- Housexi .See note to R. C, Sec. 1518. I Ivery Stablei See ord. R. C, Sec. 625 and note. 626 and Sec. 2256. >Ieat vhop- .-iiiil >l:irket IM.nee«: See R. C. Chap. 16 (Sees. 1415-1480). \eliieIrK, \\ asainn, etc.: Ordinances and notes thereto: R. C Sees. 1810 el seQ. AuioniubilrK. Mulurcyrlea, etc.: Ordinances R. C. Sees.. lSll-1812. Public I'ortern: R. C, Sees. 1S05-1S09. 'I'heafre, Hhoi^, blllpoNtfr. exbibitlon and aniilKeirentN: R. C Sees. 2270; also Sec. 1592-1597; as to theatres see also StH.-s. 195 rt srg.. 210-211. Junk shop, rae pU-klng. roundabout, etc.: See R. C, Sees. 1519-1521. City neighers: R. C. Sec. 25S4. Lumber nienHUrers: R. C, Sec. 2591. Sixth — To establish quarantine — rejfuliite qnarr.vinff — slauffhterinjr of animals antl abate nuisanees— summary powers of Mayor. — To e.stabli.'^h and eufun-e (juavaLitiue law.-; aud retrnlHtious ; to pre- veuf the iutroductiou aud spivad of coutairiou.-i di.-ieases : to t-sta1>lish and regulate hospitals, aud to secure tlie jreneral health of tlie inhahiiants by any meas- ure necessary; to rej(ulate stone (piarries and (juarrvinrevent the driving of stock through the city; prohibit the erection of soap factories, stock yards, and slaughter houses, pig pens, cow stables and dairies, coal oil and vitriol factories within pre- scribed limits, and to remove and regulate the same; and to regulate or prevent the carrying on of any business which may be dangerous or detri- mental to the iiublic health, or the manufacture tn- vending of articles ob- noxious to the health of the inhabitants; and to declare, jirevent and abate nuisances on public or jirivale property and tlie causes thereof; aud the Mayor, whenever in his opinion a nuisance exists, on public or private prop- erty, or whenever a nuisance has been so declared by ordinance or resolu- tion of the Board of Health, is authorized to abate and remove such nui- sance anil the cause thereof in a summarv manner, at the cost of the owner ART III. StT. 26. Clause:. I CHAttTKIt OF TIIK CITT OF ST. I.Ol'IS. 333 111- (Mcnpniil 111" ilic |ir(Miiis('s wIhtc ilic niiisaiirc, nr ilic miisc ihcri-ol' niav li(>. :iimI fill- I lull |iiir|ii)S(' mi\y t-iiu-i- n|iiiii ami lake |iiissi'ssiiiii nl' .iny |iri>iii iscs (ir |ir<«|it'rlv w Ium-c such iiiiisaiuc may exist or lu' in-diiiiccd. T I. S't. 1; appointment of super- intendents see Chart.. Art. 12. .See. .">; Kor ordinances on the city Institutions see IJ. C. Chap. 11. Art. 16. Sees. 703-770 and notes. Uiinrrlen) See notes appendeil to ordinances on the subject: It. C. Sees. CS.'i, 626. 1563. Also note to heading "nuisances," In R. C. Ch. 11. Art. 12 (preceding Sec. 5S4). See also Charter provision. Art. HI. Sec. 31. .sliiiiKlitrr lliiiiNeHi See ordinances with notes thereto. Rev. C. Sees. 62r>, 626. GOO to 602; not. I.. iiijl-;»M. .s l;.v I- cli 11. Art 12: s.— also Charter. Art. HI, Sec. .14. S(»ek llrlvloK: IC. C. Sees. l."iT I - 1 .'i.sl and note to .Sic. l."i7S; see also Charter. Art. HI. Sec. 2>;. Clause 9. and notes. l-'aeforlex. ele.: Set- .Vrt. 111. Sec. :M and note. PIb I'eaM, Cow StiibleN, UnlrleH. FnetorieH, etc.: See ordinances under "nui- sances." R. C. Chap. 11. .\rl. 12. and notes thereto and Sees. .t84 and following. For dairies see also K. C. Sees. .'•!.': f/ jc^. and notes. Soap FactorIrM, Uunr nad Krndrrlni!;, etc.: See In addition I > above U. C. Sees. 604 et seq. and also Charter. Art. III. Sec. 34. * Where the power «o prohibit Is given the lesser power to iieriult on condition is Included: St. Louis vs. Fischer. 167 Mo. 662. approving St. Louis vs. Howard. 119 Mo. 11. s.e .-i ,. ,f,. ?.: "UrKulnle or prevent the earr.^ Iii;i 011 oi' aii.% liu.tine.s.H which may be dangerous or detrimental to the public health:" St. Louis vs. Lamp Mnfg. Co.. 1,19 Mo. loc. clt. r>6>i; St Louis v.-i. FIs.h.r. 167 Mo. 1. c. 662: (alTlrmed i;i4 I'. S. 361). ••r.i siiiiri- 111.- uc'iiiriil Io'mIiIi of the inhabitants by uny measure necessary": See as to poivir to pass uiim and cream inspection ordinances: St. Louis vs. Llesslng. 190 Mo. 461. ISO: to reiiuire owner to destroy weeds: St. Louis vs. Golt. 179 Mo. S. 18. See also note to Charter to general welfare clause: Art. 111. Sec. 26. Clause 14. This, with other sections, does not operate to take from the Board I"ub. Imp. and confer on the Board of Health the power to make contracts for disposal of garbage or for other public work: State vs. Butler. 17S Mo. 1. c. 300. "To dreliirv. prrvent nnd nbnlr niilnnneen on public and private property, and the causes thereof." itc: S.'e note on suliject of ■'nuisances" In connection with ordinance provisions In Uev. Code. Cli. XI. Art. 12. Sees. '>S4-6.S9 and discussion of the sulijecl and cases there citetl. For furtlier charter provision see Charter. Art. XII. Sees. 6. 4. 3. As to abatement ••< :• iiuls:,ii..- ..lus..! i.v tl ity at the vxpensc of the city aec Art. VI, Sec. 1;' Sfienth — To I'stiiliJish >ii of liiiiiIxT iiiitl \ ariouH art i<-l4vs of Tootl, iiiaiiiira4-t lire, etc. — Ti> ri-o^iil.-iti- ami •-.-tfiliiisli tin- .-^tamlanl "t" woiijlit.-i aiul mi'a.--iii-i's tn In- used in tin- City lit' .'^I. Ijiiiii.s. ami |iniviiii- tm- tin- iiis|ii-cticiii nt' tin- .-iaiiu- ; tn m:iki- |ii'i>- vi.-iiuii tin- tin- iii.-^i timi .'iiiil im'.-i.-iUffim-iit nt' 1 11 111 1 u-r a ml iitlnTliiiililiiiir niati-rii'l ; fur till* iiispiTiiiin nf Mti-am liniici-s ami ail .^li-am licatiii}; a|i|iaratii.s. ami to liri-iisr i-iioj|||-t>i-.s iisiii;; sli-aiii Imili-rs in saiil rily; for tin- in.><|iiMtiiin of lii-cf. |ioi'k. Iloiir. iiu'iil, oil. i-oiil oil. iia|iliilia. I>i-ii/,i!i(> am] otli(>t' liiiriiiii;; llniil."!. iiiola.^'.xeN. synips. Iiii-pi-iit iii)>, vim-'iai-. Iii-i'i- ,-iml ali'. wiiirs. wliisky. 334 CHARTKR OF THK CITY OF ST. LOUIS. [ ART III. Sr-c. 26. Clause 8. rum, brandy and other spirituous liquors in barrels, hogsheads and other vessels; for the ins}iertion and weigliing. or measuring hay or stone coal, charcoal, firewood, and all other kinds of fuel to be used in the City of St. Louis; for the insjiection of butter, cheese, milk, lard and other jjrovisions; for regulating the weight and lpaHurf4: Further charter provision. Art. IV, Sec. 30. For discussion and cases see notes to ordinances on this sub- ject R. C, Chapter 40. Sees. 2531 and following. Lumber Inniirftiun, e«»-.: See R. C. Sees. 2591-2599. Steam Boilers InMpectlon, Lloenstn>; Bn^lneera, etc.: See r\otes of cases to heading of Rev. C. Chap. 23, and ordinances 2323 to 2365. Iniipeetion of Meat, FUh, Vegetables, Frull: See R. C. Ch. 11. Art. 7. Sees. 535 to 544; forestalling; and rending; same or deslK;natlng; \There same to be sold see Markets, Meat Shops, etc. (R. C, Chap. 16, Sees. 1415-14S5). Fruit and vegetables to be sold only in original packages at depots or landings, nor U' anybody but licensed dealers; Rev. Code, Sees. 1483-1485. Coal, Hay, eto.: See notes to R. C, Sees. 2564 et seq. Gas Inspeetion: R. C. Sees. 334 to 344. ' Hiirksters: R. C. Sec. 146S. Inspection of uillk, ereani, batter, cheese, etc.: For ordinance provisions see Rev. Code, Ch. 11, Art. 5. Sees. 484-512 and notes th'ereto. See as to upholding the ordinances based on ab©ve charter provision; St. I.,ouis vs. Liessing. 190 Mo. 464; St. Louis vs. Grafeman Dairy Co.. 190 Mo. 492. 506; Same vs. Same, 190 Mo. 507; St. Louis vs. Reuter. 190 Mo. 514; St. Louis vs. Polinsky, 190 Mo. 516; St. Louis vs. Schuler, 190 Mo. 524. Eighth — To rejfulate ami provide for election or appointiuent of City offleers, etc. — .salaries and jurors' and witness' fees. — To regulate and provide for the election or appointment of city officers iv(juired by this Charter, or authorized by ordinance, and i)roviile for their suspension or re- moval ; and they shall establish the salaries of all officers and the compen- sation of all employes, excejiting day laborers, and jiii-ors and witnesses. resj)ectively. ftvr tlirir services: Provided. That the salary of no officer shall be changed during The term for which he i.s elected or appointed, and that no officer receiving a salary shall i'e<'eive any fees or other compensa- tion for his services. Election of officers is now regulated by the State law. as to which see same herein set out, with notes thereto, in "Laws Specially Applicable to St. Louis," p. 124, Chap. 9, Sees. 237-321. See also Chart.. Art. IV. For elective and appointed officers, appointment, suspension and removal thereof, the filling and existence of vacancies, etc.. see provisions of Charter. Art. IV, with discussion and citation of cases in the notes thereto. For salaries of officers and discussion of authorities thereon, see note to Charter. Art. XVI. Sees. 17 and 18. The provision that "No officer receiving a salary shall receive any fees, or other compensation for his services." excludes deputy recorder of Toters from com- pensation othur than his salary for overtime; Lemoine vs. St. Louis. 120 Mo. 419. ART. III. Sec. 26, Clause ti.) ril.\U'ri:K ol' Till-: riTV OK ST. I.oris. 335 It was hflil that a »i|iiiilar Kansjt!* t^lt.v prtivlslon 1II4I nut ap[>)y to pollcoinon, whosi- salary Is llxed by file Poller Board: State ox rcl. vs. GlfTord. 70 Mo. App. 522; but In St. Louis there Is an ordinance on witness fees which excepts city officers anil pri>secutors from claltnini; such fees In police courts: Rev. Code. Sec. 1297: and the Kev. Statutes 1S99. Sec. 2840. provide that no ofllcer. appointee, or employee holdlnR a stale, county, township or municipal offlcc. Including police oftliers and policemen. Is allowed any witness fee for testlfylnR before a coroner, Kraiul Jury or In any criminal case. The provision that the "»alary of no officer sluill lu- chunKennecllon herewith, note on "Salaries" to Sec. 17 of Art. XVI of Charter. A city officer Is entitled to the compensation fixed by ordinance and no more: Carroll vs. St. Louis. 12 Mo. 444. See also Chamberlain vs. Kansas City. 125 Mo. 430. An ordinance requiring one employed by the city to pay notary's fees for business done in connection with cMy matters (but paid by third persons) during city hours. Into the city treasury, his salary as employe to cover such services. Is void and the fees so paid to the city may be recovered: Wood ts. Kansas City, 162 Mo. 312. The object of the provision "to regulate and provide for the election or aiipolnt- inent of clt>' officers." etc.. Is "c|ulte plain: it bestows, as Its latiguage imports, sufficient power ... to make all necessary rules or laws In regard to muni- cipal elections, whether those elections be general or spc^cial, whether occurrlngr before the expiration of any official term of office and therefore anln ipalory In their nature or atlrr some regular election has failed of its purpose." etc. "The authority thus delegated is pttnary .... a power which recognizes only such limitations as are marked out by the constitution or laws of this state or som* other provision of the charter." etc.: State ex rel. vs. Thomas, 102 Mo. 85. K9-90 (upholillng a special election under ordinance now Sec. 1690 of Rev. Code). The section was cited but not discussed In St. I>. vs. Mnfg. Co.. 139 Mo. I. c. 568. See further on these subjects notes to Charter, Art. IV, Sees. h-^. 12-13. etc. As to lack of Jurisdiction of the city officials in contest of Justice of the Peace and Constable elactlons see State ex rel. vs. Lohslnger. 7 Mo. .App. 106; State ex reT. vs. McGee. 69 Mo. 504. State ex rel. vs. Kramer, 150 Mo. 89; And as to mayoralty election : State ex rel. vs. Dillon. 87 Mo. 487. The municipal assembly Is to determine In first Instance who elected: Rev. Code. Sec. 1491; and contest Is determined In circuit court: State ex rel. vs. Hough. 193 Mo. 615. See ordinance on Jury fees: R. C, Sees. 1336. 2412; also Jury law provided in state statutes: See Rev. St. 1899. Sees. 6539-6570 (set out herein under "Laws Sp. Appl. to St. Ix>uls." Sees. 140-172): R. C. Sec. 1334: Scheme. Sees. 27, 28. 30, 31; as to witness and jTiry fees In police courts see R. C. Sees. 1397-129S. Xinlh — To pr('\»'iif riot^ r«'iii riini)iii<; ill larjjo — oli.stnictions on strt'cts, etc. — In i>str:iiii and pn- vent liny riot, rout, noisn, (listurl>iinci', or disorderly assemhliifre, ami aiiiuse- in»Mil.><. iliiiif^i-roii.s to pt-rsoiis or property, in any street, house or jilaee in the city, luid rei.'iilate or jirohiliit the niiiiiiii«r at lar^e of cattle, cows, hojrs, froats. dogs and e,-erv other lirnte nniinal within the limits of the city : to prevent and rc- movo all oltstrnrt ions and eiicroacliinents upon the sidewalks, ciirlistoiips, carriap'ways. streets, avenues and alleys, at the expense of the owners of the proiind front inj; tliereon. and to rc^iiilale and prohihit tlic building of raults under sidowalks. HrstralBi at anlmiila running at large: See ordinances In R. C. Sees 1578-1581 and m.te of cases .-i.e also statutes under Stale Laws for St. Louis, p. 79, Sees. 4-11; Scheme. Sec. 35. 33fi CHARTKR OF THE CITY OF ST. LOUIS. f ART. III. Sec. 26. Clause lOH l{l<»ti(, €li«tiir)min*es, etc.. ordinances; R. C. Sec. 1536 et %eq. mayor's powers; R. C, Sec. 1503; Rev. St. 1899. Sec. 2139: power and duty of mayor, sheriff, etc., under statute: R. S. 1899, Sec. 2132; duty of sheriff, R. S. 1899. Sec. 10046. Obstructions on streets nnd sldewiilks, etc.: As to removal, etc., see R. C, Sec. 932 et seQ.: sidewalks to be kept free from filth, snow and ice by the owners and agents, etc., see R. C. Sec. 1234, and cases in note appended thereto. As to what obstructions of streets are lawful and what are not see notes to Chart., Art. III. Sec. 26. Clause 2: also note in R. C. to Chap. 11. Art. 12 (under "nui.sances") and Sees. 584 tt seq. \ unltn UHilfr «Is, and the rejiair of their (racks, and the kind of their rails and vehicles; but every right so granted shall cease, unless the woik of construction shall be begun within one ymir froni the granting of the right, and li<' continued to com- liletion with all reasoiialile jiraclical speed, anil it shall he (■•■lusc of forfeiture ot llie i-ights and jirivilegcs deri\ed from the city. oT any i"iilro;id company opeiatiiig its road only within this city, which shall allow any 1 ART. III. SfC. 26. Clause ILV I CHARTER OF THK CITY OF ST. LOL'IS. 337 lit'r.stMi to ride o!' tl'avcl uii its i-oiid ^'lal iiiluiisl v or I'lii- Ics.s ilian ii,-^ii:il pruie or tari'. unless sinli iicrsmi he an otliicr or ('iii|)lovc of such forii|iaiiy. Section (.-ited; State ux inf. vs. Undell liy., 151 Mo. 1. c. ISl. As to the effect of the reservation by the city In the conferrinc of franchises of the "right to alter, amend or repeal'* the provisions thereof, s*'e San Antonio Traction Co. vs. Altgelt. 200 I'. S. .104 (subsequent le(;islatloM atTectlns fares allowed): r>etrolt vs. Ry.. 184 U. S. 368 (same not allowed, having been expressly contracted for and no effective reservation made); Railway vs. Philadelphia. 101 U. S. 528 (allowing Increase In license on cars); Bank vs. Owensboro. 173 U. S. 636 ("the reserved power deprives the contract of Its Irrevocable character and submits It to legislative control." p. 644); Sioux City Street Ry. vs. Sioux City. 13S Mo. 98 (allowing Im- position of additional expenses on company for paving street). For ordinances regulating the hours and frequency of trips, see R. C, Sec. 1S67, with note thereto. For repair of tracks, character of rails, speed limit, sur- render of franchise, and numerous police regulations, see Rev. Code, Ch. 23, Art. 6, Sections 1863 to 1903 inclusive, with notes thereto; also Charter, Art. X, and notes. Power to "license, tax and regulate" street-cars Is conferred by Charter. Art. III. Sec. 26. Clause 5. and on this point see ordinance R. C, Sec. 22.t7, witli discussion and citation of cases in note thereto. But in general the powers of th<' city on tlie su^iject of street railways, granting of franchises, effect thereof, forfeiture, etc., are set out in Art. X of the Charter, which, togetlier with the notes thereto, snould be read in connection herewith in determining the effect of this section as to street railways. For regulations concerning steam railroads, see Rev. Code, Chap. 23. Art. 5, Sec- tions 1852 to 1863, with notes thereto. Tueljth — To <'\aiiiin<' pr«'iiiis«'s - i-«'y:iilii()w«l«'r, etc. — prohibit \v«mmI«'ii liiiiliiiii'^'s, and t'liforcti pr«'caiiti«ms ajjaiiisl firt' — inspection of hiiildin^s, etc. — The Assciiilil V iliroii;;li its otlici-i-s or aiieiiis, iiiav at all rcasonalilf limes, outer into ;iuil examine all (iwelliiijis, lots, yards, enclosures and imildiiius of ev- ery descri|(tion, to ascertain their condition for jiealth. cleanliness and safety; take down and remove Ituildinys, walls, or suiiei'siructures that are or may become dangerous, or reqiiire owners to remove or put them in a safe and secure condition, at their own exjtense; regulate tlie storage of gun- powder, giant powder, dynamite. ni(rogl\ceriiie, and otiier explosive com- pounds and of all comhuslihle anil inllammalde materials, the use of lights and candles in stahles, shops ami oilier places; remove, or i)revent, the con- .striictjon of any tire places, chimneys, sto\('. oven. Iioiler, kettle or any ap- paratus used in any house, huiidiiig, manufactory or business, whidi is liable to cause tires, or conllagrations; direct tlie safe deposit of ashes, or otiier dangerous rul>)iisli or material, and order and regulate the building of partition, parapet and tire walls, ])artitioii fences, smoke lines, hot-air Hues, smoke stacks, and the erection and cleaning of ciiimiie\s; sliall proNidc for tlie safe construction, inspeclion and repairs of all |)rivale f thfse ordinance provisions will be fountl under wliat is known as the Building Code, comprising Rev. Code. Sees. 27 to 234 Inclusive, containing many and minute provisions and regulations. As to ordinances on gun-powder, etc.. see R. C. Sees. 19-26; lire-crackers and fireworks. Sees. 228-229; lamps In stables, ib. Sec. 225. For fire limits for wooden buildings see Charter. Art. Xt, 338 CHARTER OF THE CITY OF ST. LOUIS. [ART. III. Sec. 26. Clausi- i:s W. St-c. 4; also R. C. Si-c. 6S (and note to Sec. 66 as to authority of city to remove biiildins.'^ prectt'd in violation thereof). KiKlit to enter and exfiinine preinlNea, etc.. to ascertain sanitary conditions: See as to right of Health Conimissionr-r in this respect. Charter, Art. Xil, Sec. 3; and as such right in the members of Board of Appeals from Building Commis- sioner's rulings, see Rev. Ord.. Sec. 60; as to right of the Mayor to enter to abate nuisances, see Charter, Art. Ill, Sec. 26, Clause 6; right of Sewer Commis- sioner to enter premises. Rev. Code. ,Sec. 2315. And see in general under "Right of Entr>-.'" etc.. in the Index to Re\'. Code, for references. Fon'er to require oivnem to remove or put In aufe condition does not authorize an ordinance requiring the asen" of owners to do so: St. Louis vs. Kaime, 180 Mo. 309 (the ordinance has since been amended in this respect: See R. C, Sec. 216). I'inier to |ir<»vide for Kiife (M»UMlrii«*tiou, iuNt»eetlt>n iiiitl repalrM does not confer power on the city to change the common law rule as to lateral support between adjacent owners in case of excavations: Carpenter vs. Reliance Realty Co.. 103 Mo. App. 4S0, 494 (ord. R. C. Sees. 72-73). Tliiytcenth — To provitU' for insane persons and paupers^ assessments, etc., of State revenue. — To provide for the support aiid mainteiiance aiid eonflnement of insaue persons; and to make suitable provisions for the maintenauce aud support of poor ])ersons ; to exercise the same powers aud perform the same duties in rejrard to the assessment and eolleetiou of the State reveuiie. within the City of St. Louis, as is now hv Uiw vested in tlie County Court of St. Louis ("ouuty. in siieli nuiiiiii'i- as ]ifovi(h'd hv ordinaiirt'. Ordinances as to insane asylum and confinement and care of the insane: Rev. (?., Chap. II, Art. 16, Sees. 747-770 and notes; see also Charter, Art. XII, Sec. 4. As to poor persons and Poor House see Rev. C. Chap. 11. Art. 17, .Sees. 771.791. and notations. Fourteenth — (ieneral welfare clause— ffeneral authority to pass and enforee ordinances— eensus of inliahitants Finally, to pass all sueli ordinances, not iueonsistent with the provisions of tliis Charter, or the laws of the State, as may be expedient, in maintaining the peace, good government, health and welfare of the city, its trade, commerce and maun- factures, and to enforce the same by lines and jienalties. not exceeding live hundred dollars, and by forfeitures not exceeding one thousand dollars; to purchase, rent, or lease, within the limits of the city or elsewhei'e, any real or personal ]iroiicily, and to control, manage, sell or lease, or other- wise dispose of the same, for such purpo.ses aud considerations as they may deem proper for the public welfare of the city, and to provide for the enumeration of the inhabitants of the city. I»o«er to purelinse, rent, lense, eoiitnil. diMpo-ne of. etc.. properly within and Without the city limits, etc.: See discussion in note to Charter, Art. I, Sec. 1, and citation of cases. ,\n (o forniiililicN :iimI execiitli^n of vity ctMitriictN, deeds, ratifications, estoppel, etc., see note to Chart., .\rt. X\'l. Sec. 7 and cases. Knforcin;; ordiuinioeN I»y finrM nnd peniiltleN, etc: See references to ordinances, charter ami stati' provisions in note to Charter. Art. Ill, Sec. 26, Clause 10. See also discussion in notes tsslnfjr. lUO Mi>. 464, 4S0. Temporary closlnB of street: Mailer vs. St. Loui.s. 17C Mo. 806. 620. Vatrrancy: St. Louis vs. Bent.v. II Mo. Gl. Prohibiting: keeping open place of Im.xiness on Sunday: St. Louis vs. Caffernta, 24 Mo. 94. Proliibltlni; cruelty to dumb anhnal.": St. Louis vs. Schoenbusch. !l."i Mo. 618 (In whleh the eourt .fays that "the vases show that general welfare clauses are not useless appendages to the charter powers of municipal corporations. They are tleslKned to confer other powers than those specltlcally named. The difficulty In nuiking speclttc enumeration of all such powers as may be properly delegated to municipal corporations renders It necessary to confer such powers In general t»Tms. Ordinances relating to the comfort, health, good order, convenience and g*'nernl welfare of the Inhabitants are regarii.-i"i. Dramshops In Parks: State ex rel. vs. Schwelckardt. 109 Mo. 496. .Abolish Wells In Streets: Ferrenbach vs. Turner. 86 Mo. 416. Regulate Steam Boilers and require licensed enghK-i-r, *'tc. : St. I.KHiis vs. Lamp Co.. 139 Mo. 568. Removal by Mayor of appointed orflc.r as penalty for misconduct is within general welfare clause: State ex rel. vs. Walbridge, 119 Mo. 3SS. .'iSS. Prohibit disturbance of the peace, drunkenness, gambling, further public safel.v. prohibit carrying concealed weapons, noises. Immorality, and numerous other miscellaneous offenses. et<*. Set* ordinances an4l note's theri-to In Rev. Code. Chapter IS. See further authorities under the particular subjects involved. Src. liT. Fires (<» 1»«' <;ii:ii-ty of |H-rs(>ii.s from t\w in lialls and Iniililinus Ici a\- iis<'i| tui imlilic assciiililics, anil I'lM- ciitcrlaiiinitMits or aimist'iiient.s. See ordinance precautions against liri- iti minifrtiu.s .seriiou.s 01 tiu- lluilding Code (R. C. sees. 2" to 234 Inclusive.) S.c. J.s. Niiiiil)i>i'in^, printing: aiul rcpt^al «>r oi-«lin;iii<-es Kviiy onlinaiirc when passed and apprised In llic .Maycir. or wlicii it siiail iiavo iMTiiiiir a law. sliall !><• sciil to the City |{co;islci-. and l)y him shall he niiin- iM'it'd. pi-intcil. lilfd. and id'cscrvcd in his (iflicc. arcordinj; lu nrdinanci- ; and iiti s|ic(ial iir ocncr.il (H'dinaiicc. which is in tonllict or inconsislcnt with er,'ncral ordinances of jnior date, sliall ho valid or ctfectual until such prior iii'dinancc. or the ronllictinj; parts Ilicrcof, .■irc rcix'alcd hy express terms. For ordinance provisions on numbering, printing and repeal of ordinances, see K'V. Code sees. lti)l-)40.^, and as to thi- eff.'it of repealing a reptaled ordinance, U. C. sees, 1411, 1401: and the effect of n repeal on tinuri' of oftice. R. C. sec. 1412. In how far repeals affect rights In pending matters, •i"- H c scs. 1403, 1105. 140S. and see notes to some of above sectlon.s. * lleiieal; See similar provision In ord. It. C. sec. 1404. Inder tills provision of tlii' charter It Is held that wher«' there Is a special ordi- nance enacted on the same subject as a general ordlnonce. so that if standing alon<' the latter would Include the same malti'r and conlllet with the special net, the special and particular must be taken as Intended to create an exception to the general, and not as a repeal thereof by implication: Ru8(*henberg vs. Railroad, Ifil Mo. 70, 82: Compbidl vs. Ry., 17.i Mo, 161. 176-177. See also other authorltica to this effect cited in note to heading of Art. IM. ^■• ■■ '■»"- ' -indi-r paragraph "Con- ."Iriiellon of Charter and ordinance provisions.") 340 CHARTER OF THE CITY OF ST. LOLIS. [ART. III. Sec. 29. Where the supposed sections are not materially variant the charter provision does not apply, and at all events the last section is Invalid only to the extent of the conflict, and to that extent only leaves the original ordinance in force; St. Louis vs. Weitzel. 130 Mo. 1. c. 617. A contention that an ordinance is void because in conflict with a former general oidinance not expressly repealed, under this section, is futile where such former ordinance is not offered in evidence or referred to in the trial: St. Louis vs. Lies- sing. 190 Mo. 1. c. 490. This section does not apply where both ordinances are special; a special ordi- nance may be repealed by Implication by a subsequent special ordinance In "Ton- flict with it; Schumacher vs. St. Louis, 3 Mo. App. 297. But where a provision is of a general nature, no subsequent special or general ordinance which does not repeal the former In express terms will operate to affect it. and the first ordinance remains unrepealed: Lamoine vs. St. Louis, 7J Mo. 404, I. c. 406. Hence a general ordinance imposing a license of $100 not in evpres.'i terms repealing a prior general ordinance imposing a license of $50 for the same purpose is invalid, and remains so until the first is expressly repealed; St. Louis vs. Sanguinet, 49 Mo. 5S1. It is manifest that since the General Assembly's enactments are paramount to those of the Municipal Assembly, any ordinance in conflict with a prior or subse- quent statute is to that extent simply void, independently of any question of express or implieii repeal: See authorities and discussion In general note intro- ductory to Art. III. sec. 26. These charter and ordinance provisions as to re- peals do not. of course, apply to statutes. As to repeal of an ordinance or part thereof not reviving a former ordinance repealed see K. C. sec. 1401. In State vs. De Bar. 5S Mo. 395. it was held that where a charter provision operated to exclude a state provision on the same subject, within the city, a repeal of the charter provision did not revive the statutory provision as to the city: see also State vs. Lewis, 5 Mo. App. 465. Where a charter provision is enacted which renders certain* parts of an ordinance theretofore passed in conflict with the new provision, the ordinance will be super- seded only to the extent of the conflict, if that does not impair the remainder: Quinette vs. .St. Louis, 76 Mo. 402. As to partial validit.\* of ordinances see note to Charter, Art. HI, sec. 12, and cases there cited. Sec. 29. Kevisioii of g'eneral ordinances. —TIkiv .-^liall ))<• a revi.-;iou of tlie general ordiiiaiices (if the city oiue in every tive years, to lie jirdvided for hv (irdiiiaiiee. Effect of Revision. ^ The revision of the ordinances does not have the effect of breaking the con- tinuity of those provisions in force prior to the revision and carried into it, but only to continue their existence: St. Louis vs. Foster. 52 Mo. 513, 516; St. Louis vs. Alexander, 23 Mo. 483. 509. * The provision of tlie Charter (now Art. XV. sec. 2) that every ordinance passed shall be published in the papers doing the city printing within five days after its approval, does not apply to a revising ordinance; St. Louis vs. Foster. 52 Mo. ';i3. 1. c. 516. That the official revision purporting to contain the ordinances is admissible in ; evidence without more, to prove the ordinance provisions therein contained, see authorities and reference found in note to Charter. Art. III. sec. 12. And b.v Rev. Code. sec. 1414. it is provided that a reference to this "Revised Code of St. Louis" by section number is a sufficient designation of any ordinance therein contained to which reference is desired. But it is to be observed that even in case of the revision of the State statutes it may be shown that a provision has been illegally carried into the official vol- umes, and the court may inform itself concerning the existence of a statute which is challenged by examining the original rolls in the office of the Secretary of State: Bowen vs. Ry.. 118 Mo. 541. .Special nnd (fenenil OrdlnunceN. These are thus distinguished by Mr. McQuillin (see Mun. Code. p. 224; also McQ. unofficial work "Amend. Chart." p. 230) : Alt ordinances of a general nature hav- ART lll.Sec. 30.| CirARTKR OF THK CITY OK ST. I.OUIS. 341 Ing an obligatory force on the community anil upon the ndmlnlstratinn of the munk'lpal Bovernment are denominated general. Those ;;rantlns franchUoa, .xpeclal privileges, as the making of e.xcuvatlons. etc.. to persons or corporatloni, providing for public work or Improvement, to establish sewer districts, the con- struction of sewers, streets and sidewalks, to (1.T the grade of streets, to authoriz* the city to borrow money, to authorize officials to do certain things, as the leai- Ing of propirty. laying of water distribution pipes, etc., are usually special." Funrtlon of Hevlnlon. .\ giinral rrdlnances i)( St. Louis prior to the Scheme and Charter were as follows: By Wilson Primm In 183.")-6: A. B. Chambers in 1843; Clias. D. L>rake In 1846: Jno. M. Kruni In 1850; S. V. Papln. city register. In \S53: Thos. C. Chester In 1856: Chas. H. Tlllson in 1861; J. Gabriel Woerner in 1866; E. W. Pattl- 9on In 1871. After the present Charter by M. J. Sullivan in 1881 (ord. 11668); by same in 1SS7 (ord. 14000); by Chester H. Krum (ord. ITl.S.S); by Eugene McQulllin in 1900 (ord. 19991. officially designated "Municipal Code of St. Louis"); and the present revision. In 1906. (being ordinance No. 22902, approved March 19. 1907, of- tlclAlly designated the "Revised Code of St. Louis"). S,M' :>(). Ki'iiii^^ioii (»f f;i\<'s (loiiiit ions — cxtMiiption from l>iir(lt'ii.s,aii»l foiiiiM-oiiiisfol clainis, lorhidden. — Tin- As.-niihly .-ihall not have pDWi-rti) rclifvc any i-itizen from the jiayiiii'iit of any lawful tax, or to i-xi-in|it liim fmni any Imrdfii iniiuiscd ii]i((n Jiiiii by law. or ordain tin' ])aynient of any (leniaiid not uiilliori/.t'd and audited according to law, nor .shall the As- seinliiy have power to ordain or ;iuthoriy.e tlie coiiiproiiiise of any (li.>tion. Hence it is held that the city is not prohibited from reimbursing: a police ofticer who. when ordered to shoot a mad bull in the streets, wounded a boy. resulting in the officer's being co!ni)elled to pay damages therefor: State ex rel. vs. St. Louis. 174 Mo. 125. The city is not prevented from t>urchasing water pipe layed bj' private citizens and making it a part of the city system, by a proper ordinance, although it is styled as a relief ordinance; State ex rel. vs. St. Louis. 169 Mo. 31. 37. But an ordinance making a donation of public mone>- to a private institution or to an individual, is void as beyond the power of the Municipal Assembly; Hitch- ings vs. St. Louis, 49 Mo. 4.S4: Campbell vs. St. Louis. 71 Mo. 106. 109. 111. See also Knapp vs. Kansas Cil.\', 48 Mo. App. 485. and citation of authorities. Sec. :!1 . Power to roiupt'l attciKlaiice of witnesses. — The Assein- lilv or eitlit-r liipiise. .slijill liave ]i(iwc-r tn iMUllpel the MtteMiilMUee of witnesses, and the jiroduetioii of papers i-(>latiiio' to any subject under eonsideratioii. and in which the interests of the city are involved, and sliall liave power to call upon any projier officer of the City of St. Louis to execute such pi-oeess. The President of the Council and Speaker of the House, and the chairinan of any coniiiiittee of (»ither house, shall have authority to administer oaths to witnesses. See oi'diuunce pro\'lsions Re\-. Code. sec. 1392-1395. See discussion in In re Con- rades. 185 Mo. 411. in which, however, it was held that the above charter provision was not applicable to compel attendance and submission of books and papers, where a committee r>f the House of Delegates is only authorized to "carefully and fully investigate the books, records and accounts in the several departments wherein returns are made of taxes and to subpoena witnesses and to send for persons and papers and to administer oaths;" and the court released by habeas corpus one who was sought to be punished for contempt in refusing to obey such committee's orders to produce books and papers. The court in this case reversed the ma.1ority of the court of appeals in the same case (112 Mo. App. 21) which had held Conrades for contempt; see full discussion of authorities in the ma.iority and dissenting opinions. In the case of In re Dunn, 9 Mo. App. 255, it is held that under this section an ordinance empowerinsr a committee of either house to send for witnesses and to compel the productiori of books and papers, is not unconstitutional as an assumption of judicial power; and that either house may punish for contempt any witness who refuses to pro- duce books matiTlal to a iiendinM: imiuiry and properly called for in a iubpoma dmfi trciim. Sec. o^. Power to distribute duties and al)rof;ate oltiees. — The Assembly shall have the power, by a vote of three-fourths of the menibera of each liouse, to transfer and distribute the ])owers and duties, in ]iart or in whole, of any office provided for in this Charter to another, or others, and in such case the jierformance of the jiowers or duties adde|>r(>|tri:it ions t'(>i'cli:ii'il:il>l<> |>iii'|><».s(>.s. — Tlic A.s.-iitnl)ly uliiill not ai)|irn[ii-i;iU' ;iii.\ nitiiic.N lor iliaiilalilf imrposos, cxct'iil siU'h as shall lie snhjecl to its own supervision and ailininistration, midcr a sjtstein of suitable arraiifiements to l)e cstaMislicd, wlici-elty llie parlakei-s of the iliarity shall res pee lively earn wlial lliey receive to Ihe extent of llieir ability. StH' a!i til jM>\v*T of vny lu appropruttt' imnu-ys for donntlon.s, oto.. discussion and ctt»es cltod In note to sec. 30 of this artlclo. supia. S.-c. :!4. Kostrirtioii> a^ to (niari-i»'s, «'(e. — No stone (piany shall lie opened, or liriek kiln located, or soap I'actory, slauj;hler house, lione oi- rendeiin^' factory erected within the tlistance of ;!llli feel of an_\ dweliin-; house liuilt ami inhaliited before such opening, location or erection, without the consent, in wriliu>:, of the ownei- and of Ihe occupant of every such hou.se. The .Vssendilx shall pro\ ide. by ordin,-nice, for Ihe eireetiial euforee- ineni of this act. Power to regulate slone-. .\nd see notes of authorities as to the validity of such ordi- nances appended to sees. 624, and In general note to "nuisances" In R. C, chap. 11, art. 12 (preceding see. SS4). An ordinance providing no quarry shall be operated within 300 feet of a resi- dence without the written consent of the occupant was uplu>Ul In .St. I..0UI3 vs. Kreln. 9 Mo. App. 590. (memorandum opin.) Sec. :i'). Ki'strictioiiN as to clioU'ra itaticMits, «'(«•. — NH pcr.-ion, asso- ciation or corporation shall knowin<;ly receive for medical treatment of the invalid or sick, any patient sick with smallpox, pla;;ne, or cholera, unless authorized by an oi-cIi};lils and Mciisurcs. SlifiilV. <'iicr. Maislial. INildir Atliiiinisti-alor. I'icsidctil of lioard of Assessors, and the President of tlie I?oard of rnlilii- Iinprovenieiils. Kor onllnnnce provisions on uppolntnifnt. iimilltlriitlon anil diitics of city of- tU-.T». see Ri-v. Code. Chapter 20, Art. I. City oli'ctlons are held under general oleetlon law: See ni>te to Chuiter Ait. II. See also Sohenif. sec. 5. as to electlon.s. The term of Sheriff ami Coroner Is two years (not four, as provided In the Charter), by reason of the Constitutional mandate. Art. IX. see. 10. until the constitutional amendnu-nt of lHOfi becomes effective In 190S, when It will be four years. See as to Interpretation of con- stitutional provisions relating to Sheriff, discussion In State ex rel. vs. Bus, 135 Mo. 325, 336-337, referring also to this section of the Charter. These officers are elected at the State election, and were eligible only four years In any period of six, (lb.) As to License Collector: Ijiws 1901, pp. S0-S2; "The Mayor, Comp- troller, .\udltor. Treasurer, Register, Collector. Inspector of Weights and Measures. Marshal, President Board of Assessors and Board Public Improvements are elected for a term of four years, at the municipal election on tlrst Tuesday of April; also the President of the Council and half of the councllmen (six); and for two years each member of the House of Delegates, one from each ward (2S). At the municipal election held every two years after the election of the city officers, the members of the House are elected for two years and the other six Council- men for four years. The Recorder of Deeds and Public .Vdmlnlstrator are elected for a term of four years at the general State election." etc.: (McQuillln's Note to M. C. p. 227.) See. L' \|>|>oiiit i\ *■ ollircrs aiul lluMr terms— first :i|>|M>iiit- iiHMits uiuli-r Cliarter to 1»«' for t w«) . years. —Tli.-Miiv<.rsliall apiiuint the fulliiwiiiL: "itlir.rs. who shwU hohl their oflice for four years, and until llieirswe- <'cssors shall have l)eeii duly aiipointed ane ]irovided hy ordinance. Sii|)erinteiiden( uT \\ iiiklioiise, Suix'liiileiideni of House of Uefiif^e. Su|ierinlendent of Fire ;iiid I'oliee 'rele>fra|)li. < ■oinniissioner of Su|i|dies. .\ssessor of Water Hates, two I'oliee .Iiistiees, Attorney, Jailer. ;iihl live ( 'oiiiniissioners on Charitable Institutions: I'luviilrd. hoirrvcr. that the tiist ;i|)|ioiiilineiits under this Charter shall he for two years only, so that the a|i|ioinlinents iiuide there- after. sli;ill he made at the he<,'innin:; of tlie third year of the .Mayor's term. All terms of office are limited by the Ci>nstitutii>n not to exci-ed four years: .\rt. IX. sec. H; Art. XIV, sec. 8. But these provisions do not apply to an officer holding at pleasure of appointing power and not for a definite term: State ex rel. vs. Johnson, 123 Mo. 43. 49. As to the effect of the provision "and until their successors shall have been duly appointed and qualified" see State ex rel. vs. Smith. 87 Mo. 15S; State ex rel. vs. Thomas. 102 Mo. $5. Similar provl^on in sec. 10 of this article. Ordinances on when Mayor is to send In his nominations of officers to the council see R. C. sec. 1685; as to enumeration of officers to be appointed by the Mayor see Rev. Code. sees. 1509-1511. When appointment may be implied: See note to K. C. sec. 1686. See. .{. Ii«)ar(l of I'liblic Iini>rov»MiM'nts, liow roiistitiitod. — He KJiall also appoinl live eommis^ioiiers. who sh;ill lie known ;is Street f'oin- inisttioner, Sewer Commissioner, Water Commissioner. Ilarhor and Wliarf Couiniissioiier, and I'ark Commissioner, who, with the president thereof, tihall eonstitnte the Hoard of I'lihlie Improvements. See. 4. (ia.s ConiiiiissioiU'r. — In ease the ejty at any time heeonie the owner of any jjas works, then tliere shall Ik" added to the oommissioiierB hefore named, a Cias Commissioner. 34f) CHARTER OF THE CITY OF ST. LOUIS. [ART. IV. Sec. 5. Boiuls of otticers. — All i-ity officers shall give such a hnud foi- the faith- ful iierfdrmauce of tlieii- duties as the ilunicipal Asseuil)l.v sliall ordain; said l)oiids sliali he apjiroved li.v the Mayor and (Joun- 1684; also sec. 1506; (Constables, sec. 1678.) See. .'). Suspension and removal of officers. — Any elected city officer may he suspended In tii<' Mavor. and removed hy the Council for cause; and any apjointed ofticer may lie removed l)y the Mayor or ("ouncii for cause. In either case the Mayor shall, temjioi'arily. till the vacancy, except as hereinafter provided. For ordinance ijrovisions relating to suspension and removal of officers, causes, procedure, filling vacancies, etc.. see Rev. Code. Ch. 20, Art. 2, sees. 1691-1706; for removal of Mayor. R. C sec. 1512. As to fining vacancies in appointive officers removed by Mayor or council see in addition to above Charter provision (sec. 5) Rev. Code. sees. 1703-1704; filling vacancies by Mayor where appointive officer removed by council, etc.. see Charter. Art. IV. sec. 8; R. C, sec. 1704. Filling vacancy in elective offices see Charter. Art. IV. sec. 6; also sec. 13 and note; R. C, sec, 1689, filling temporar.v vacancy caused by suspension see also R. C. sec. 1694. Filling vacancy in Municipal Assembly see Charter. Art. III. .sec. 7. As to removals by Commissioners of Charitable Institutions see Charter, Art. IV, sec. 49 and note thereto; also Rev. Code. sec. 1720. The state statute (Rev. St. 1899. sec. 2346) provides that if any city officer becomes interested in any city contract, etc.. he is guilty of a misdemeanor, and if appointive he shall be dismissed by the Mayor, if elective the Mayor shall suspend such official, report to the council, which shall try him and by two-thirds vote dismiss him: State vs. Kelly. 103 Mo. App. 711. 714. .\n olTioe l» vneant in legal intendment for all purposes of election and appoint- ment when the term has expired, as in case of death, resignation or removal, and also where the incumbent is a locum tenens or holdover holding until his successor be appointed or elected and qualified, provided provision is made by law for filling the office by appointment or election: State ex rel. vs. Thomas. 102 Mo. 85. overruling State vs. Lusk. 18 Mo. 333 and following State vs. Seay. 64 Mo. 88 (holding a vacancy occurs where one dies after election and before commencement of term), -and State ex rel. vs. Stonestreet supra; but for pur- poses of salary, and continuing the office so that there is ho vacancy in the functions thereof a difterent rule applies. See for instance State ex rel. vs. Smith, 87 Mo. 1,')S. The ^Tonl "officer" in this section (Charter, sec. 5, Art. IV) means such as is referred to in the Charter. An inspector of buildings is not an officer within the meaning of this section: Magn.r vs. St. Louis. 179 Mo. 495. 502; State ex rel. vs. Longfellow. 95 Mo. App. 660. .\s to who is an "officer" see note to Chart.. .Xrt. IV. sec. 43 and cases there cited. Right to Miiljiry of suspended or i-emoved officer is discussed in the note to Art. XVI. sec. 17; see also oridnance. sec. 1705 of R. C. Power to remove ordinarily includes power to suspend: Blackwell vs. Thayer. 101 Mo. App. 661; State ex rel. v.s. Lingo, 26 Mo. 496. 499 (under St, Louis ordi- nance and Charter). "The power to amove a (corporate officer from his office, foi- reasonable and just cause, is one of the common law incidents of all corporations For the reason of the thing, from the nature of corporations, and for the sake of order and government, the power is incidental;" State ex rel. vs. Walbridge. 119 Mo. 1. c. 394. quoting from Dillon, And the power to remove for cause is authorized hy the general welfare clause of the Charter: lb., p. 393. AKT 1 V. S.-1-. I!. I i-tiAi;Ti:K III- Tin; r\r\ m si- i.iu is 347 An a|i|iiilnliiii'iit foi- ii ili'lhilto l>-iiii liu|iU<'» tluil tli.- Ini-uinlii-nt <'iiniirit be re- moved cxi-fiit for lause ilfslKi'uitfil liy law. per Hi'ybiirn. .1.. In llor.stniann vs. Ailamson. lOI Mn. Apii. 1 1'.i. IJt. Slatf fX re", vs. Hrown. ST Mn. .Vpii. I. i-. 2m. And a riKlit to riMiiovc only for oaiise Impllfs that tlnTi> must be reasonable notleo. anil apeellleatlons of the oharKes made, and an opportiinlt.v to be heard hy the one soiii^ht to In- removed, and this even where there Is no express provision to that effeet slnee this Is Implied as Intended: State ex rel. vs. WalbrldKe. 119 Mo. SS:!. :l9l-."9.'i; State ex rel. vs. St. Louis. 90 Mo. 19: State ex rel. vs. WalbrldRe. B2 Mo. App. 162. li>4: State ex rel. vs. Brown. .">" Mo. A pp. 199. in siieli easi-. when- nelthir tlU' CliartiT nor ordinanees make any provision fur the mniHS whereby the amotion or removal of an a|>polntlve officer Is to he effeeted. .vet if the Krant of power is Klven. nil the means neeessary to effeetnate the power pa.ss as inehlents of the srrant: State ex rel. vs. Walbrldge. 119 Mo. 383. 394. 396. ("The Mayor has all tlie power neeessary to earry Into effeet the authority Kninted by the ("hartir.") The reeord of the proe lln>ts of tlie Mayor in exerelslnK power of removal vested In him by Charter, should show. In ease of an appointive ofttcer. that eharites siifllelent In law were preferred against him. that due notice was Riven, and a trial had whereat he \vas permitted to be heard, and an order of re- moval for eaiLs.' enteri'd: Stale ex rel. vs. Walbrldffe. K2 Mo. .\pp. 1. e. l(H-16.i. .\n attempted removal which is unlawful will not prevent the incumbent from neoverluK his salary by mandamus: S'-e authorities In note to Chart.. .\rt. XVI. sec. IT. Where the Cliartcr piimii.- ninoval "for cause" but does not specify wliat causes art* suftlcii»nt. the question of what cause is sufficient Is a judicial one to hf determined by the court from the circum.stances in each case: what would hi- cause as to one oftice mtKht not be as to another oftlce: State ex rel. vs. Walbrldpe. 69 Mo. App. 6.'>7, 1. <•. 669. .\ Ken»*ral alb-j^ation of misconduct in office is tori \-a^cui- and Indertnite: tlie specillc acts complained of should be stated In the reeord of the tribunal tryinsf the ofticer. in order that it mlf;ht appear, as a matter of law. that It has Juris- diction of the alleged offense; the proceedinicr is summary, and the rei'ord should be precise: no intendments can be Indulged as to the Jurisdiction and regularity of the proceedings: Slate ex rel. vs. I.iUpton. i'>t Mo. tl.'.. 417. But where the law conferring the authority to make the appointment is silent as to tlie right of removal, and there is no limitation as to the tenure, the right to appoint carries with It the absolute right to remove, without notice, and at pleasure: Horstmann vs. Adamson. 10! Mo. App. 119. 12.'>. citing a number of authorities on the point, state and federal; State ex rel. vs. Johnsi>n. 12:! Mo. 43. .iO. S.-e also Shurtieff vs. I". S., 189 V. S. 311. 314. And an officer holding over after the expiration of his term, wlio Is a nu-re locum Ifirni until his successor Is appointed, may be removed at pleasure by the appointing power at any time without notice or cause: State ex rel. Kifc vs. Hawes. ITT Mo. 360. and cases cited: State cx rel. vs. Stonestreet. 99 Mo. 3TT (holding also that In making subsei|uent appointments the executive cannot dis- regard th.' term as llxed by law. but can HU only the unexpired portion of th-- term as It would be if there had been no holding over). Neither above Charter provision (Art. IV. sec. .">) nor ordinance provisions (now It »'. 16i>I et siq.) were repealed by the state statute providing for the removal of any slati . eount.v or cit.v ofrtcer guilty of willful and corrupt negliM't of orndal iliity and for trial by i..iv if .|..i,,,im.I.-.| si.i.- . t •..! vm WmH. ridge. 119 Mo. 3.S3. See. (i. Sii>|>*'iiNiiiii ol clcclivc o(li<-«'i"> 1)> ."M ;i\ or— act i«ni «»f Council tlU'lMMHi. — W'liciifviT till- Miiviir .shall sii.spi-iKJ any i-lfi-icil unii-i-r. In- .-liall iimih-ili.'it.l V iiiitit'\ tlii'Ciiiiiii-il iif siii-li .sii.>;j(fii.es against such susjiended olticer to the ('ouncil. and furnish a coj)y of the same to said olticer, who shall have the right to ap- pear with a legal adviser before the ("ouncil for his defense. If a majority of all the members elected shall, by resolution, sanction the action of the Mayor, then the sus]iended officer shall thereby he removed from office and a new election shall be ordered to fill the vacancy; but if a majority dis- agree with the ^layor. then lie sliall be immediately reinstated. Suspension and removal of elective officer by Mayor and tilling vacancy: See also in addition to this section (sec. 6) preceding section (.i.) and note thereto appended: also ord. R. C, sec. 1695 ft sea; Charter, sec. 13 of this article. As to removal by council see infra sec. 12; Rev. Code. sec. 1704. See. 7. Kenioval of appointive officers aii«l filliiiyof vaeaneies. — Wlienever the .Mayor shall remove any a]i]poiiited officei- from office, he shall immediately notify the ("ouncil of such removal and the causes there- for, and said Council shall fill the vacancy by electing a suitable person to fill the place. If the Council be not in session, the Mayor shall temporarily fill the vacancy, and shall rejiort the fact of the removal at the next session of the Council. The Mayor shall have the same power of removing an officer so elected as if he had been ajijiointed by the Mayoi'. •See note to sec. ij of .\l-t. IV. supra. Sec. 8. Ai)poiiitive officers removed l>y Council — 3f ayor to filf vacancies. — All uiii<'crs ajipoiutpd by the Mayor shall be subject to removal by a majority of the elected members of the (_^ouncil, but if so removed, the Mayor shall fill the vacancy by another person, and no confirmation of the Council shall be required, ^^'henever the removal of any officer by the Council be jiroposed, and the same is not in session, the I'resideiit thereof shall, upon a request in writing of five of its members, call a session thereof for the consideration of such removal. Bee notes to preceding sections; Rev. Code, sec. 1704. Sec. 9. Appointments l)y Mayor to be confirmed by Council — Council may elect officers — Avhen. — All aiipoiutments made In- the Mayor shall re(piire the confirmation of a majority of the members of the Council. If the ('ouncil shall refuse to confirm the appointment of the Mayor, then he shall, within ten days thereafter, nominate another iierson to fill the office, and he may continue to nominate until his nominees are confii-med. If the Mayor fails to make another nomination within ten days from, the rejection of a nomination, then the Council shall elect a suitable person to till the office during the term. See R. C. sec. 1685. An ordinance which reijuired in addition to the approval by the council that the city chemist shall receive the approval of the board of health, even if such addition be unauthorized, does not render void the appointment in accordance therewith, as the greater includes the lesser requirement: St. Louis vs. Liessing, 190 Mo. 464. 4t«- performed or supplies to he furnished. They, excepting; the ( "oinniissioiiers on ( 'liaritahle Institu- tions, shall not hold any Stale or I'ederal oftice. aii person can be lioth state and city ofllcer or nil two inunlclpul ofttecs (excepting from Its operation, notaries. Justices of the peace anil mllltia). .\ memlier of the General Assembly cannot be appointed to n nuinlclpal office: State ex ret. vs. Vulle, 41 Mo. 29. But there Is no consti- tutional Inhibition aKainst a sheriff or deputy sheriff (who is not a state officer within the meaninR of this section) from also holding: the office of school di- rector: Stat)' ex rel. vs. Bus. 135 Mo. 3L'.t. with discussion of the various pro- visions and citation of cases construing same. Free passes on railroads operate to fort'i'lt office: Const.. Art. Xll. sec. M. As to (luallDcatlons of municipal assemblymen see Charter. .\rt. 111. sees. Sand 10 and note. A collector or receiver of public money or an assistant or deputy Is Ineligible to oftice until he has paid over the public money he may be accountable for: Const.. .\rt. II. s.e. I!> l(e«lileiii'<- mill el I l/.<.iii>hlp : "No person shall lie elected or a|>polnb.>d to any ofike In tills state, civil or military, who Is not a citizen of the U. S. and who shall not have resided In this State one year next |)recedingr," etc. Const.. Art. VIII. sec. 12. See Barclay. .1.. In State ex Inf. vs. Vallins, 110 Mo. I. c. 537: See as to residence In city being necessary quuUncatlon, Charter. Art. IV. sec. 19. For a case where it was held that one elected was not entitled to office because under the facts in evidence he was not a citizen of the city of St. Louis as required by Charter. Art. IV. s.c 10. see State ex rcl. vs. Williams. 99 Mo. 291. Pn>'tiirDt of InxrK on the day of election Is in time to avoid ineligibility : State ex Inf. vs. H.rkel.y. 140 Mo. 1S4. .A. receipt for taxes made the day after an election without specifying amount or property. Is worthless as evidence to show paym»'nt of taxes: State e\ rel. vs. Williams. OO Mo. 291. oiTfi-iTH ii«ii lo hi- iiiii-n-sii-ii 111 <-)(> eDiitriM-iN. The provisions of this section of tie- I'narti-r ilo noi ii|ipiy to an •Uction lonimlssloner in the City of St. Louis, who comes ni'lther within the letter nor spirit of the prohibition: State ex rcl. v.s. Meier. 96 Mo. App. 160. Kev. St. 1899. sec. 2346. provide that a city officer who becomes interested In a. elty contract Is guilty of a misdemeanor and subject to removal: State vs. Kelly. 103 Mo. App. 711. 714; so by Charter. Art. XVI. sec. 11. Sec also as to validity of city contracts, note to sec. 7 of Article XVI of Charter. For authorities on analogous points, and those of otiier states see discussloa In McQutl. unofflclal work on "Amended Charter." pp. 244-246: also In M. C, p. 230. The principle Is the same as that which prevents a trustee or admin- istrator In dealing with himself In the trust funds: See Dillon Mun. Corp., sec. 444 (4th Ed.»: Woerner on Ailnilnlstnitlon C.'nd Kd.) see. ?.?.\ p. '"OO ct soq.; (*. sec. 487. p. •1082 ,l srn. In view of the provisions >'i in- • .-u.^i liuiM-ii. .-.lai ut.-.^. I'M.tM.-r and common law. there Is llttif doubt that contracts by the elty. with a city official, or with a rirra or corporation In which a city official Is Interested, are void, and recovery thiTi'On cannot be had against the city; it was so held In an opinion by City Counselor Bates, reviewing the authorities and legal provisions applicable In an opinion dated June 9. 1902 (number 534 of iMvr I>ept. (lies). Amongst the ca.ses cited hy him are: Berka v.i. Woodward. 125 Cal. 199 (45 L. R. A. 420); 4 Pa I>i»t. Ilep. 707: State vs. Alderman, 34 N. J. I^ 390; Call Pub. Co. vs. 350 JNDKX TO STATK LAWS FOR ST. LOUIS. |ABT. IV. Sec. 11-13. Lincoln, 29 Neb. 149; (Sas Co. vs. City. 2S Neb. S52; Bellaire Co. v.s. Findlay. 5 Oh. C. C. 418; Bell vs. Quinn, 2 Sandf. 146; Currie vs. School District, 35 Minn. 163; Findlay vs. Pert/., 66 Fed. 427 (29 L. R. A. 188); Borough of Milford vs. Water Co.. 124 Pa. St. 610; People vs. Town.ship, 11 Mich. 222; Pickett vs. School Dis- trict, 2,'> ^'is. ."uil; Fort Wayne vs. Rosenthal. 75 Ind. 156; Smith vs. Albany, 61 N. Y. 444; State vs. Water Co., 56 N. J. L. 422; Sherlock vs. Village of Winnetka. 6.S III. 530; Mc.\dam vs. Alderman, 36 Hun (N. Y.) 340; State vs. RichanlK. 2S L. R. .\. 298 (Montana). Sim-. 1 1 . Officers to devote their entire time to otfieial iliities — lumrs for iiiuiiieipal Imsiiies.s. — Any rity officer, e.xceiitinirtlu' Mayor and ( "oiiiiiiissioiuMs on ("liariTable Institutions, wlio sliall. except when absent from the city, fail to devote liis entire time duriiiy business hours to the duties (tf his oftice, shall be remoxcd or suspended by the flavor or Council. .\11 city offices shall be kept open from ei^ht oVIock a. m. to six o'clock p. ni. from 1st of April to 1st of October, and from nine o'clock a. m. to five o'clock p. ui. from 1st of October to 1st of April. "No person elected or appointed to any office or employment of trust or profit under the laws of this state, or any ordinance of any municipality in this state, .shall hold such oftice without personally devoting his time to the performance of the duties to the same belonging"; Const., Art. II. sec. IS. By Laws Mo. 1903, p. 93, amending R. S. 1899, sec. 6247, it is made the duty of heads of departments of cities of over 300,000, etc., where there are deputies, assistants or clerks to close the doors of said office at 12 o'clock on Saturdays, except when the necessities of the service require them to work; and the pro- vision does not apply to fire and police forces. (See Laws Spec. Appl, to St. Louis, ante p. 160, sec. 349. Chap. 12.) As to leave of absence see Rev. Code. sec. 1688. No deduction from the legal salar>' can be made because an officer does not devote -his time to his official duties; Bates vs. St. Louis, 153 Mo. 18 (see as to right to salary note to .Art. X^"I, sec. 17). See. 11^. Keiuoval of electe«l officers by Coniicil— reniovai of Mayor. — Any elected city ofiieer may be removed from office by a two-thirds vote of all the meml)ers of tile Council, notice thereof and an oji]iortunity to be heard by coun.sel beinj; "jven 1o said ofticer. In case the .Mayor shall be reino\e(i from oftice. then the I'resident of the Council shall a<-t as Mayor until a Mayor is elected. Wlienever any city officer shall be removed from office by the Council the yeas and iiays sliall be recorded on the journal of that body. See discussion and authorities in note to sec. 5 of tliis article. See same sec- tion for removal and suspension of officers. Ordinances for vacancy in office of Mayor, see R. C. sees. 1513. 1514; for re- moval of Mayor by council: R. C, sec. 1512. Vacancy in Mayor's oftice within 6 months of expiraticm of liis term see next section (sec. 13). Sec, l:!. Vacancies in efective offices— liow fifle«l. — In ease any elective office shall become vacant within six iiKUiths from the expiration of the lime for which its incumbent sliall have been elected, then the Coun- cil shall b\ election till the vacancy for the unex]iiied term. In case the .Mayor's oflice shall become \acanl within six iiionlhs from the expiration of liis term, then the rresideiil of the ('ouiicil shall be (.raf/icid Mayor for the unexpired term. See for ordinance similar to this section R. C, sec. 16.S9; ord. for filling vacancy in Ma.vnr's oftice see R. C sees. 1513-1514. .\s to tile suspension and removal of officers, existence and tilling of vacancies see note to sec. 5 of this article. The above section 13. providing for filling vacancies occurring In an elective office -.vitliin six months of expiration of term, etc.. does not (in view of .^rt. AUT IV, Soi-. U-16. 1 rHAUTKH UK TIM-: fTCY ill-' ST. I.Ol'lS. 3yl 111. si'i-. 26. i'liius<- S) excliiUe tlio right of tin- iiuinicipul asspiiihly to make pro- vlsldii fi)r IIIIInK " vacancy occurring uiurf than six months before the expira- tion of the time tor which the term runs, and the ordinance applying: to such iiise (ninv R C . sii- Ifitift) Is valid; State ex ri-l. vs. Thomas, lo:; Mo. sr>. S9. Sir. 1 1 I )«'inil it's of SlirrilVs. (•!«• Thi- Slii-iilV. ( "uidiicr ;iiid Mar kIi:iI iiia\ lia\c' s\u li di'iml ics as iiiav tic inuviilril liy iiriliiiancc. Assi.Htiiiits iiia> Ix' r«'m<»\ \ the Mayor, or \>y tlic ofliccr under wboui tlicj work, at his jdcasiirt'. See note below. Offh'cs to !>«' in City Hall. — All nfficisof tlic sivcial 1; also set out herein under ■Ijiws Specially Applicable to St. Louis," Chapter 29. sees. .toO-G68: when entitled to counsel see I*, sec. ."ieS: R. 6. 1899, sec. 10046. Coroner's duties and powers: Scheme, sec. 5; R. S. 1899. pages 2.148-2551. set out herein "I..aws Sp. Ap." etc.. sees. 555. etc. As to election of coroner see nott to Charter. Art. IV. sec. 1. .\mlataiilii lo »rnerr«: Inspiitors of buildinKs are "assistants " to the Building Commissioner within this section and removable by him at pleasure; Magner vs. St. Louis. 179 Mo. 495. 504: State ex rel. Knlttel vs. Lunirfellow. 93 Mo. App. 364 and State ex rel. vs. Longfellow, 95 Mo. App. 66i> Office* In City Hall: There Is no law prohibiting tlie ieM>i>\al of the recorder's office from the old courthouse to the new city hall, nor does it make any dif- ference (hat the latter is on ground which was outside lli" 'iiv tenitw wiien tha city was the county seat: Babcock vs. Malin, 175 Mo. 13i: Sec. I.'i. Ia\or. — Tiie Mayor sliali lie the chief expoiifive tifliecr of llic ciiy: shall lie at least thirty years of a};e. When the Mayor ceases to possess the c|iiaIiticatioiis i-efjiiired in tliis Charter, his ofrtce shall iK'conie vacant. The provision 'iriglnally contained in this section (15) reiguirinK the Mayor to be a freehold*'r of property In the city, was superseded an»l annulled by pro- visions of Rev. St 1S99, ser r.2.'.9. and Is omitted. See. Hi. Dili i«-N oi t lit' >la>or — may icmit lines, «■(«•. may ap- point «'\amin«>rs. — He shall, from time t<> time, jrive the Asseiiilily iiiformu- tioii i-el.itive til the stHti- of tlic citv. iiiid sluill recoiumciid to their consideration Kiicli measures as he may deem exiieetent person, or persons, to examint^ the atlairs of any departmeiil. or departments, whenever he shall deem it p.ecessary. (Irdlnnneen ■prelnliy rrnprctlnic nnd rrlntlnK tu .Mayor, ar*> contained In Rev. Code. Chap. 17. se.s. 14^T-1.M4 In.liisive; .«e.. HH.t being a literal repetition of this i-harter clause. As to remission of lines, penalties, etc.. see also note to R. C, sec. 1497. and of police court's ptiwer to remit, see note in see. 1308. The authority of the Ma>'or 352 CHARTER OF THK CITY OF ST. LOUIS. [ART. IV. Sec. 17-19. to rfiiiit a tine can only be exercised after the fine has been imposed: State ex rel. vs. Noonan, 59 Mo. App. 1. c. 529. relying on State ex rel. vs. Francis. 95 Mo. 44. ' Where the power to confer a grant is in the Mayor and assembly, a permit alone from the Mayor is void: Lockwood vs. Ry.. 122 Mo. 1. c. 95; State ex rel. vs. Noonan. 59 Mo. App. 1. c. 528; nor can the Mayor alone appoint an attorney so as to make the city liable for his services: Carroll vs. St. Louis. 12 Mo. 444. Mandamus lies to compel the Mayor to revoke an illegal permit, the immunity from Judicial control appertaining to the office of Governor not attaching to the mayoralty: State ex rel. vs. Noonan, 59 Mo. App. 524. Sec. 17. Abseiife of 3Iayor — how provided for. — Tlie Piesideiit of the Council shall perform the duties of Mayor whenever, and so long as the Mayor from any cause is unable to ])erform his official duties. If the Mayor and the President of the Council arc hoth absent from the city, or otherwise disabled from perfoniiing the duties of the Mayor, the Speaker of the House of Delegates shall, for the riiii<» being, discharge the duties of said office, and either of them, while acting as Mayor, shall receive the same comi)ensatiou as the Mayor. The ordinance (R. C., sec. 1494) is literallj' the same as above. The compensa- tion of the Mayor cannot be reduced because of his absence: Bates vs. St. Louis, 153 Mo. 18. 22. Si'c. IS. Special sessioim of tlie Municipal Assembly. — Tlic Mayor may, by proclamation, call sjiecjal sessions of the Assembly, gi\ing not less than three days" notice, and shall specially state to them, when assembled, tlu' objects for which they have been convened, and their action shall be coutined to such objects. Ordinance provision Rev. Code, sec. 1496. is tlie same as above; other ordinance provisions as to how special session to be called see Rev. Code. sec. 1379. Under the above charter provision (sec. IS. Art. IV) the municipal assembly specially convened, can legislate only on subjects specially stated to it at the time that it is so assembled, and note on any additional matter that is com- municated to Jt by the Mayor while in session but after the session began; and the Mayor must "specially state" the object when convening the session: St. Louis vs. Withaus, 90 Mo. 646, affirming 16 Mo. App. 247 and holding an ordinance passed at such session void as not within the object stated in the opening message, although in the latter it was stated that other matters might be submitted. But a reference in genera.) terms that legislation was desired under designated articles and sections of the St. Louis Charter, was held to be sufficiently definite in .\llen vs. Rodgers, 20 Mo. App. 290. , So also it was thought by the Kansas City court of appeals that where the Kansas Cit>' charter provided for special sessions on call of the mayor, and pub- lication in the papers as provided by ordinance, and there was no such ordinance, that such session and ordinances passed thereat, are void, because there was no publication; but the court further thought that inasmuch as the popular con- struction was otherwise ■ and had been acted on for several years, so that a different construction "would unsettle many titles, distract, if not destroy, many private interests, and impair the public faith and confidence in a great , variety of merely go\'ernmental regulations adopted at these special meetings," it was constrained to uphold the validity of such meetings, notwithstanding the court thought them void: Forry vs. Ridge. 56 Mo. App. 615. 622. foHowed in McQuiddv vs. Vineyard. 60 Mo. App. 1. c. 619. Sec. l!i. Officers to r<'s!de «illiin tlie city. — The prrmaiinit nsi- dence of Hie Mayor and all other officers of the city e.Kcejit when otherwise l)rovide(l by ordinance, shall be within the limits or jurisdiction of the ♦•ity; otherwise their offices shall becoiiie \acaiil. i''or ordinance see R. C, sec. 16S7. See as to ri'sidence and citizenship being (lualiflcation. .\rt. IV. sec. 10. and note. AKT. IV, Sec. ». I CII.\ltTt;i: Ol' TMK crrV nl.- ST I.MIIS. ;j5;j Scr. lit). Diitifs of (oiiiptrollcr Tin ('niuiitrullci- sliall cxcnisi' a srciitM-al supei-visioii over the fiscal affairs of the city ; the collection and return into tile treasury and disliursenient of nil revenui' and nione\s of tlie city; of all |>ro|i(Miy. assets, and ilainis. and the sale or oilier dis|)osilioii tliereiil': and. Iiy and with the adyice and consent of the .Mayor, shall see ilml mII necessary ollicial and le;;al )>roceedin};s aiv had for the jn-otection of liic city's interests in all such |iro|ierty. assels and claims; that |iro|ier rules and rei;uhitions are prescrihed and olpser\cd in relation to all accounts, sellleiueiits and i-e|iorls. connected with the fiscal concerns of the city; thai no liahilil.\ is incurred, or e.\|ieiidilni-e made rioni ilic ireasniy. wilh oul due authtu-ily al or interest, he shall, with the written approyal of the .M.iyor. make his rpt|uisitioii for a warrant on the treasury foi- thai |iiiipose; and shall, with the .Mayor's wi-itten ai) proval. do and perform any and all otlier ads and ihin^s, imi incoiisislent with ihe |)rovisions of this (liatler. .md any ordinance lliereiiiider. as are proper to accomplish llie diiiies rouiciiiplaled liciciii. lie siiail make an nual reports to the .Vssemhiy and lo ilie .Mayor on his reijuesl. on ilui linancial condition and recpiireinenis of the city, with careful slatemeiils and estiniales of receijils and expenditures. The recoriiiil (liitie.s of Conipt roller llr shall have a seat in ciihcr hnmeh of the Munieipiil Assemlily, with a i-itrlit to debate on any (|Uestioii per- tniniii;; to his department. Imt shall iiave no vote. Should any jnd<;iiient he n-tidered a;;ainst the city, for which no provision has Iweii made hy ordi- nance, or othei-wise, the Comptroller is authorized, with Ihe a|ipro\al of Ihe .Mayor, lo elfect a temporarx' loan to meet the same, and to do and pei-form all otlier ails wilh Ihe approval of the Mayor, necessarx to jircserve tln' I'li'dii and property, or rights of the city, and |>erform such other duties as may Ih' provided hy ordinance. .Ml delintpient or s])ecial ta.vliills. and all other claims, marshal's, sheriff's, or constaldes" deeds or ceiiilicales of sale, in the nature of liens on properly in which the city is dii-eclly or indii'cctly interested as owner or creditor, shall he deposited with Ihe Comptroller, and his receipts taken therefor and tiled wilh ihe .\iiditor. He shall keep a full and complete |-ej.'isler thereof, and whencNcr ihe Tleasiirel-'s receipt is :t54 CHARTER OF THE CITY OF ST. LOUIS. i AUT. IV. Sec. 21-22. pit^sciiled niid filed in liis offico for niiv such V)ill or claiin. lie shull release I he siiiiie on I lie rejrister. mikI. when necessary, the Mavor and ( V)n)j)troller shall e.Neciile a i|nil ( laiin ileed I'or the ])ro}ierty i-edeenied. For oftiinarifcs specially relalinjr to Comptroller hereunder, see Rev. Code, (•|i;ip. -iT. Art. S (sees. 2425-2437i, some of which are reiterations of these charter provisions: respecting treasur.v department, see Ch. .'i". Art. 1 (sees. 2387-2405). • There are many other charter pi-nvisions and ordinane<-s affecting the rights and duties of Comptroller. See. '21. Duties of Auditor — official lMmrve in his office all accounts, books, vouchers, documents and pai)ers relatiii" to the accounts or contracts of the city, its debts, revenues, and other fiscal affairs, and to adopt a jiroi)ei- mode and manner of double- entry bookkeeitinji'. He shall state and lender all accounts filed or kejit in ills office betweiMi the city and other person or body corjiorate. excejit when otherwise ]H-ovided by law or ordinance. He shall examine, adjust and audit all nnsetlled accounts, claims and demands against the city for the liayment of which any money may lie drawn from the city treasury, and after havinr. — lli- shall {^iveboud for tin- l';iiililnl inrfornmuci'of his iliii\ in ihf sum ol' nol li-ss than tivi' Imndrcil llioii.saml ilolhirs. with not ii'ss than livi- si'iiifitii's, who shall he lioldi'i-s of iiiiinruMilx'rcd fcal I'slMtc within the ritv, to b*- a|i|ifo\f(l 1(\ tin- .Mavoi- and <'ouncil. Sdcrtloii of hanks lor <-il.\ dt'posit. — Tiic Mayor, ('oinplrollir and Ti-t'asiircr shall aniiiiallv st'Ici-t a hank of hanking; iiiistitiition which will ;;ivi' till' hi^hi'si rate ol" inti'ivst I'of tin- i-iii-i-i'iit any |iosit shall hi- made li.v thi' Tfcasni-cr. llii> said hank of liankin;; institntion shall j;ivc a bond lor livi- hiindt'i'd thousand dollars, with >;ood and suriicicnt stM-iifil ics, to hi- a]>iii'ovi'd hy a iinanitnons voti- of the I'lind coniniissioniMs. foi- tin- salV kccpinj; and |(i-om|)t paynii-nt of said funds or any jiart thri-i'of. wIiimi dcniandcd hy the Treas- iiivr. and sliall at all finies keep the seen ri ties on its Itond satisfactory to said coniini.^sioiuM-s. l'V>r orillnnine.s speelally appllcatilt' to Treasurer liereiiiuler. see Rev. Code. I'liap. ST. Art. 4 (.sees. 243S-244t;>; for treastir.v licenses .«ee Chapt. s (sees. 229-236) of "Laws Specially Appli- cable to St. Louis." witii notations, being R. S. 1899, sec. 3019 tt sfq . as amended by 1.HWS 190.T. p. 141: and notes to R. Code. sees. 21.50-2164. Concerning tlie duties ui (_'nIli-ctor v\-ith respet-t to taxatii>n in geneJ'a! s.-.- Charter. .-Sirt. \". sees. :)(]-:!".: also ■ L;r>vs Si)e<-iany .\ppliealile to St. Louis." Chaj). 26. sec. 469. 471-492 and notes. Sec, 2."). Police Justices, powers aiul juris(lictipeals from justices of the ])eace in criminal cases to their appellate court, and power to juinish all contemjits of court, by fine not exceeding one hundred dollars, and by imprisonmeiii not exceeding; ten days: and jiower to enforce all lejial orders and judernieiits, as a court of record may: and jiower to jjive final ju(li;ment ajiainsf Ihe ](rinci|»al and security on an.\ forfeit(»d bond or recouni/.aiiee returnalile lo this court, subject lo an ajijieal, as in other cases. As to ordinances on Police .Tiistices and i)olice courts and officials connected therewith, see Kev. cy.de. Chap. 13. .\rt. 1 and 2 (sees. 12G1-1323). For full discussion of inattei's relating to police courts under the cliai-ter pro- visions, and in general as to their jurisdiction, procedure, nature of the pro- ceedings, effect thereof, appeals incident to police court matters, executions, viola- tions of ordinances, and similar matters, see note to Rev. Code. sec. 126r): and also notes to sees. 1279. 1264. 130.5 and other sections under .-Xrt. 1 of Chap. 13- Sec. :^(i. Police Justices to be «*ouservators of tlie peace, etc. — Justices of the Peace to have concurreut .jurisdiction in certain cases, — The police justices shall be conservators of the peai-e tlirouirh the city, ft 11(1 sliall exercise the ]K>wersan(l perform the duties which may be ]uvseribe(l by ordinance. The juslices of the peace within the city shall have c(Uicurrent jurisdictioij with the ])()Iic(» justices in all cases under ordinances or diar- ler. wlieii liie .Mayor sliall direct ])rosecution before them. See. 27. .>liini<'ipal Ass<'nibly iiia> incr<*ase nunib<>r of Police Justici's and estabJIsli judicial distrii-ts— Courts of l*olic<» Jus- AK-r IV. SfO. js ».] nHAHTIOrt i>l-' TIIK CITV i>l" ST. KOUIS. 357 t ir«'s, \\ Ih'|-<' Iu'UI. — Tlif Miiiiici|i)il Assi-inhlv sluill li.tvi- |in\\iT, Irom i inic to tiliii'. liv (inliii;iiii-r, |i.is.si'(l hy a viitc of twii-tliirils III' I lie iiiiiiilii-r.>< clfrtcil III I'lii-d lioiisf. iiii-iviisi- llii- iiumlifi' of polifi' jnstiivs. wlio shuU lir a|i]ioinli-il ami liolli oftii-i- for a lal As.srial)l> la (It'liiu- (liitics of fit.v ofliriT.s. — The Muiiiei]ml Asscinlily sliall. liy ordinance, define the duties of all city officers, and ma> clian;re. increase or diminish, iliein in a manner not inconsistent with this charter. .\.>i to rlKlit »f assembly to distrihute cliarter duties nini>n!;.st other officials, or to aliruRate an office altORether. see Charter III, sec. 32 and note; as lo jiower to creati- offices see Chart., Art. IV. sec. 4S. As.Meinbly may define duties: St. Louis vs. Lie-sslng. 19U Mo. 4«4, 491; In the ahsencf of any definition of tin- dutle. rlu'lil .'f ..nii' I s I., r i\, T saliirv. s,-.- :ils.. ii..|, I.. .\it XVI. s.<' 17 Si c. Jfi < oiiiiiiis>i«tiirr t)r Siipplit-s, lii.s tliitif.s, t'tf.—coiitriicls t<» Uv a|>|>ro\«'(l l»_\ flavor.— The ('oimnissioner of Supplies shall ]iureha.se all articles needed liy the city in its several departments. The .Mnniciiial Asseni- lily shall provide, liy ordiuanee. for the purchase of all articles, so far as prac- tiialile. by advertisiiif; for proposals al .stated periods. .Ml piirchasos m.ide li.\ him without .idvertisin;,' for |iroposals shall lie a|iproveil liy the Comp- iroller liefoie the same shall liecome liindin^ on the cil_\. In ad\crt isinj; for propo.sals to furnish supplies, ipiaiitily and ipialiiy of all articles siiall lie fully staled, and any hidder may bid for any one article named. The award for each article shall, in all cases. 1m" made lo the lowest bidden therefor. The Commissioner of Supplies shall furnish to the bidders printed blanks, whii h shall be tilled up by the bidders with the jirice of the article to be furnished, and shall, in s|iecifyinj,' the ipiantity and <|uality of an\ ariicle. i-eciie the advertisement. .\il bids shall be sealed, and 358 CHARTKR OF THK CITY OK ST. I.OIUS. t ART. IV, Sec. 30-32. Opened at an hour and place to Ite stated in tlie advertisement for ]tropo.sals, iv iLe presence of as many of llie biddei-s as may desire to l)e present. anf \Vei}fhtf^ aiul Measures, duties, etc. — The Inspector of Weio-htsaiid ^IcHsurcs shall, at least (uii-c in t-acli year, and ns much oftener as may be ordained by tin' Assembly, inspect every scale, weight and measure used in the City of St. Louis, for the puriiose of devermininj; the quantity of merchandise sold or offered for sale. The Assembly shall, by ordinance, tix the f4e to be paid for such inspection, for whieli a license shall be granted in every case by the lusjiectoi-, and all such fees he shall monthly, report to the Comjitroller, and daily ]iay into the city treasury. He shall keep a record of all scales and measures ins]iected by him, sjiecify- ing date, place of inspection, and the names of the ])arties for whom the in- spection is made. He shall receive a fixed salary for his services. No per- son within the City of St, Louis shall use any scale, wei.nht or measure to determine the quantity of any merchandise sold or offered for sale, whicli shall not have been inspected and .sealed by the said Inspector. Inspection weights and measures see Chart. III. sec, 26. clause 7. For discus- sion and authorities see ordinances on the subject: R. C, Chap. 40, sec. 2531 et seq. See. :U. ("ity 3Iar.slial, duties, etc. — to serve and return notices of specialtax bills. — The Marshal shall execute ami return all processes ami orders of the Mayor. Law Department. Health Department, Police .lustices or Justices of the I'eace, St. Louis Criminal Court an(|iiii'(Ml. as lo all Icfjal (Hicstions lliat iiiav arise licforo tliciii. Ill' shall ailvisc the .Mavi>r. ami tliri>ii<;li liiiii all nthiT oI'Hccm's. Iti rclalidii to ilicir (liilics, oi- in relation lo the interests of the rir_v in wliieli lliev are ilirecllv eni;aj;e. i{(>arli<- IniproM'int'iits iii(>4>tin$>:— «hitirs of. — The Hoard of I'ulijic Imprii\-,'ni.'nls sli;iil nii-ei ai l.-,isi oiici- in .•iii-h w, ■<■]<. at its offiee ti> eonsider and take iiiuler advi.semeiil sneli linsiness as iiniv eoine l>efor(> it. Said Moaril shall furnish tlironffh itb I'resiileiii to liie .Mayor, the .Mnniei|>al .\ssemlil\ m- either liraneli thereof, smli d;ii:i :ind informa' lion as ina.\ he rei|nired. or which it may from lime to time deem neiessary to iini>aii. .\ majorily of said Hoard shall form ;i c|iii)r\ini for the trans aition of linsiness. Imt no final action shall he taken in any matter con- cerning; the s|iecial de|i.iriinents of any aliseiii comniissioner, unless this business has 1 n iicide the sjieeial ordi r ni ihc day. For ordlnanif.s on B. P. I. In (fenei-al. see Kev. Code. Chap. 24. .sec. 1S04. and rollon'Ing:. As to annual report of B. P. I. to Mayor see Art. IV. see. 4S; ordl- nnnees i»n salaries and honds of members of B. P. I. and employes. R. C. Chap. 24. Art. 9. si'es. 199.1 to 2017. and see also references in noti'S to each head of •f public rights: Gay vs. Tel. Co.. 12 Mo. .\pp. 4SS: Korsythe vs. Tel. Co.. 12 Mo. App. 494. As to discretion and duties of the- board respeetlnnf contracts for I'ublic lmprt>vements see nittes to .Vrt. V'l t>f Charter. Ileriiril of Imiirili It Is true that the Charter does not. In express terms, direct the Board of I'uiillc Improvements to keep a record of Its i>roceedin(fS, but such a duty by nei'es.sary Implication is Imposed by r«-a.son of the hnportant part or adjunct of the municipal government it (Ills. Its record is admissible in evl- ilence to show a tieparture from Jurisilictional forms prescribed by the Charter, hut a MndInK of fact by the board Is not conclusive: I'riiln Baml>rick Co. vs. Gelat. 37 Mo. App. .i09. 515. Sec. 34. ]M«Miil)«'rs «»f Moar*! to !>«• Iiciitls of «l4'|»iii-( iiM'iits. — The I 'oinniissioniM's nai I in .section :; of this article shall lie. res|iect ively. the heads of their .several de|)arliiienis. and shall lie res|ionsilile for all actions of their elii|iloyes. See Rev. Code. sec. 191'i Sec. :{.">. Str«'«>( C'«niiiiiisMioii«'r— «lii(i«'s, «'<<•. — Tin- Stnit Coinmis- sioner shall have under his special cliai';:e the ciinsirnclion. reconstruction. 360 CHARTER OF THK CITV ()]•• .ST. LOIIS. ( ART. I V, Sec ;i6-.W. i-(;li;iii-iii.li ;iii(l ilcaiiini; (if llic |iul(lic sli-(>ets, allc.\.s and |ilaii's. i'X(t'|tl iiii; [laiks. Ordinaiic*'.'^ on Street Commissioner and his office in general, see Rev. Code. Chap. 34, Art. 3, sees. 1945 to 1954 and notes. Also R. C, sees. 1996 and 1076, .■Vs to duties, powers, etc.. respectinK streets, see tlie various articles of Chap. 12 of Rev. Code, relating to Highways. As to construction, reconstruction, repairing, etc.. see Charter. Art. VI and notes: Rev. C. sees. liH.'i ,/ seg.,- garbage, sees. It. C. 1199^/ ivy.,- sprinkling. 941-10S2. Sec. nri oi' .\rt. IV n-f<-rred to: .Steffen vs. St. Louis. 13.". Mo. 44. r,0. Sec. :i(). Sewer ("oiiiinissioner — duties, «'te. — 'V\u- SewtT Coiiinii.«;- sioner shall liavi" iiinlor liis s|)('eial cliaijic llic coiistriutioii, i-e])airs and cleaiiiiii; of all |iiil)lic disliict scwiMs, iiilfis. iiiaiiliolcs. and oilier a|)iiniten- anccs hclonjiino thereto. l-'or ordinances in general on Sewer Conimii>sioner and his office see Rev. Code. Chap. 24. Art. 4. sees. 1955-1956, and note: also ,b. Art. 9, sections 1997, 2001, 2011. As to provisions concerning sewers, see Charter, Art. VI, sees. 20 to 23; ordi- nances Rev. Code. Chap. 34, sees. 2302 and following, and note.s; also Charter III. sec. 26. c'ause 2. and notes thereto: and .\rt. VI. sec. 2. Sec. 37. Water Coniinissioner -duties, etc. - The Water Coinmis- .sioner sliall havi- under his ,s|ierial <'haroi- the iiuiupini;- inai'liiiicry. i-eservoirs and water pipes, and othei- projierty eoniieeted witli the waterworks. He shall have th(» snjierintendence ovei- the eiilaroinj; ol' the works and the laving of water pi])e, and shall exercise a general sn]iervision over the enlire water works department, excepting; the collection of water rates. b'ur (ji'dinances on %\';itcr Commissiont-i- and his office see Rev. C. Chap. 24. Art. 5. sees. 1957 to 19fi:i: also th. .Art. 9. sees. 199S. 2001. 2005 to 2010. I'"or ClKirter ])ro\ isions see Art. VII, and notes. Sec. Hs. Harbor and Wharf ('(unniissioner— duties, etc.— The Harbor and Wharf Coniinissioiier shall have under his sjjecial charge the con- struction and rei)airs of dykes, wharf and levee, and shall V)e specially charged with the execution of all ordinances of the city which relate to dykes, wharf and levee, steanihoals and all other boats, vessels and rafts. He shall furnish to the Collector such information as will enable the said Col- lector to collect wharfage and other dues from boats, vessels and rafts. l''or ordinances on Harbor and Wharf Commissioner in general see Rev. Code. Chap. 24. Art, fi, sees. 19ii4 to 19(59: 1999. Salaries and employes, R. C. sees. 1965: 2012-201 1: 411. Ordinances oji ilarliov and Wharf department see Itev. Code. Chap. X. sees. 345 to 4:16: Charter. Art. IX: see also i-ity's power to rt^giilate ^vharves. etc.: Cb.-irter. Art. III. .'^r-c. 26. clause 2. and note. Sec. :i*). Park ('oniuiissioiiei* — tluties, ete. — The I'ark ('ominis- sioner shall have under his special chaigc and conli'ol all the ]uiblic ])arks and pla<-es and sipiares of the city. exce])ting such as are by this ('barter, or by their dediills. — Till- ^l■t■.■^il|l■nl 111' I In- Huai-d of I'ulilic InipinMniints sliall pi-rsiclr al thf nifi-tinjiis of I 111' iioaid. and shall havi- rhariri' ot all I In- pnMic impnivcmi'iits not spcciallv |irovirh discretion and lannot be deleKated: Stifel vs. Co.. .1.S Mo. 340. See. 4_'. Ass«'inlil> may |»r<»vi(l('a(l p. 271 See. 4:$. Oath of vMy <»riicer.s— bond of .samo.— Kvery of- tieer of the city and his assistants, before entering: u|iciii the duties of his ofTiee. shall take and snhserilie to an oath or alfiimaiion hefore some jiidoe or justiee of the peaee or the He<;istpr. that he possesses all ihe ipialitica tioiis lu-escrihed for his ofViee by the Charter: that he will siip]ioi-t ihe fonsiiiuiioii of the I'nited States, and of the Slate of Missouri, and Ihe Charier and oidinaiires of the City of St. Louis, and thai he will faiihfully demean himself ill offiie. .\nd every offeer id" Ihe coriioi-al i(Ui. when so iv(|iiired by law or ordinance, sliall. within tifieeii days after bis elei-tioii or appointment, and before eiiterin<; ii|ion the discharoe of the duties of his olVice. fiive b(nid lo the city in such sum as shall 1m' desi<;iiated by ordinance, conditioned for the faithful performaini' of his duties, and that he will pay over all moneys thai beloii}: to the city as provided by law. If any person elected or a|ipoiiited to an oftice shall lail to take and subscribe such oath or atl'irinat ion. or ^ive Ixuid as herein iei|uired. his olfice shall be deemed vacant. For any breach of the eonditii>n of .said bond, suit may be insti tilted tlieit'on by the city, or by any jierson in tin- name of the City of St. I.oiiis. for the use of such person or persons. .~«ee note below. <>ffl<'«'rM «l«'fliHMl. The lerni •olTicers." whenever used in this Char ter. shall include all persons holdin;: any sitnalion under the city "f^overn- 362 CHAItTKR OF THK CITY (IF ST. LOI'IS. | ART. IV, Sec. 43. iiiciit or its (Icpaitim-iits. willi uii uuuual salar.v or for a dt'tiiiitf term of office: and rlio term "fiscal officers, " wlieiie\Cr used, shall include all per- sons enf;a\'al of bond by mandamus, where there is no yalid objec- tion to the bond itself, se<. State ex rel. vs. Shannon, isr. Mo. IHP. IfiTi-lfiT; State ex rel. vs. Wear. .37 Mo. Aiip. ::j,'.. r> Mo. App. 660. See as to interpretation of a similar provision: "Weesner vs. Rank, infi Mo. .\pp. 6G.S. A scliool director is a state otTicer. so as to confer .iurisdiction on the Supreme Court to determine title to office: State ex inf. vs. Fasse. IS!) Mo. .-.32. (See also as to school directors State ex rel. vs. Rus, i:;5 Mo. :!2.".. and not.> to Charter. Art. XIII.) So a Circuit Clerk: State ex rel. vs. Rouibauer. Itti Mo. 49!). Board of Police and Metropolitan Police officers are state officers: State ex rel. vs. Commissioners, 1S4 Mo, 1. c. 1.S3 (Kansas City poMce). citing State ex rel. vs. Mason. 153 Mo. 1. c. 43 (St. Louis police). See State ex rel. vs. ?tawes. 177 Mo. 360; Marshall. .1.. dissenting in State ex rel. vs. Stobie. 92 Soutliw. 191. 1. r. 220; s. c. 194 Mo. 1 4. . But the police are cit\' officers as well as state ofticers; the ilual capacity is expressly provided and is recognized as lawful: State ex rel. vs. St. Louis. 174 Mo. 12."i, 131. citing Carrington vs. St. Louis. 89 Mo. 1. c. 214. See further State vs. Boyd. lO.S Mo. App. .518. 524; State ex rel. vs. Stobie. 194 Mo. 14: R. S. 1S99, sec. 6232. set out in "Laws Specially Applicable to St. Louis." sec. 451. Mayor is i'it>- offic.'r. not state: State ex rel. vs. Dillon. 87 Mo. 487. MiMuber of the Muni|i. 1i;o. Hut he is not a state otficer so as to confer jurisdiction on the Supreme Court of an appeal to a case where a state officer is a party: State e.x rel. vs. Hig- gins. 14 1 Mo. nil. So also of a Sliei'iff; .State ex rel. vs. Bender, 91 Mo. 206; see State ex rel. vs. Bus. 135 Mo. 1. c. 337 (holding a deputy sheriff not to be a state officer within the constitutional inhibition against a state officer holding office also in a city or <'ounty. See discussion b>- the court, as to when officers are state, county or city officials). Constable is state. not city officer: State ex rel. vs. McKee. 69 Mo. 504. ART. IV. Sit 44.4S.I I -(I AKTrtK li|- TlIK 'MTY 1>|' ST I.OI'IS. 363 Aftpr rnlllnK utti-ntloii to tin- dlffiTi-nt provlHlons unci phrusi'oloKy of tlit> con- HtlliillKiml iif.T>'ni'.-s to oflliiT.s till' lourt In Stnti' I'X icl. vs. Bus, 135 Mo. I. c. 3.17. sii.vs: "Willi.- til.- ("Ity of St. Uiiil« l« Htrlrtly ii munlolpal cor|>oriitlon. Its teri'ltory 1« also ii sntullvl.sloii or tin- stiitf. In wliUli orilccrs ure .•letted to per- form the fiiiii'tlon.s of till' state (roverniiieiit as illstlnRiilslied from those per- tulnltiK to iminli-lpal BoviTiiiiient. Those oflUiTs are In no sens.' nuinlrlpul of- ficers." I'll lie furl.. ..iri.-er»: .\s to salary of sii.h s.-i- ante t.i Art. XVI. see. IT. Whore there la no ortlce there ean he no offle.-r .A- tarlo.- Weesner vs. Rank. !»« Mo. .\pp. «6S. fiTU: .-^late e.v rel. vs. Klnn. \ Mo. App. 317. When a iniink'lpal legislative hoily may be siieli .-rformnnce thereof, nor I'rroni'ons performance not actuated by willfulness or lorruptlon: Schooler vs. .XrrlnRton. lOti Mo. App. 607. 609, cltln»r a number of MIs.iourl cn.ses. See also as to liability of oftlccr alleged to havi' ilone an act "in pursuance .if an order of the city": (Juhin vs. Schneider, lis Mo. App. 39. \?,. But a sup.'rlnteiident of a workhouse, or Jailer. althouKh not actuated by malice. who k.'Cps a prisoner h.-yond the time authorized by law and charter, by exer- cising a void pow.'r to extend the term ns a matter of prison discipline. Is liable for false Iniprlsonment : St. Ixiuls vs. Karr. 85 Mo. App. 60S, 614 (dlstlngulshlnff cases holdInK an officer to be protected for acting under a void comiultnient fair on Its face*. And a Str.'et t.'onimission.'r. who grades a street without the lawful authority of an ordinance (procee.llns: on simple resolution, which Is void I is liable as for tr.'spass. as w.'ll as the Mayor and aldermen who are present assisting and encouraging the work of such Kra.ling. to tlie owner ahuttinf; on the street: llei'd vs. I'.'ck. 163 Mo. 333. A colle.'tor is not personally lialile for colh'cting taxes under an Irr.'gular assessment, but he Is wlieri- the properly Is wholly exi-nipt from taxation; nor is he liable wlwr.' h." (»ri>ceeds under a legislative act. the validity of which Is afterwards assailed ami overthrown as unconstitutional: Walden vs. Dudley. 49 Mo. I. c. 430-431. and cases cited. .\nd even where the property Is exempt. If such .'Xeniptl4>n is n'll absolute iiut conditional with a tribunal Ut review an ass.'ssnienl and .lelermln.' the t|uestion. the collector has a right to suppose tile unassalli'fl decision of that tribunal to be correct: Lee vs. Thomas. 49 Mo. 112. Pt-nalty for favoring unauthorized claim by an.v officer. missapplU'atlon of funds, etc.. se.- Chart.. Art. XVI. sec. II. The criminal liability of municipal of- ficers, agents anil servants. Is illscusse*! In a note on p. 273 of Mr. McQulllin's unofHcinl work "Am.'nd. Chart.." anil thirte.'n dlfferi-nt ways of violation of law ♦•numi-rat.'tl. l.nMM of oirier Is also disciiss.-.l b.v that autlmr on the same pag.'. and the dlf- f.'r.-nl wji,\-s In whteh tbl« rnnv b^ Ineurr.'.l nc set out S.'i'. 44. .>Ia>oi' to xt'KU' Ix't \> I'cii <»( TictTH. — All i|iii'S- tiiiit.s (.r ilJiVrn-iiri' lM-t\\t'i>ii iIh- olliccrs of the citv jilVcrtiiif; llicir ri>l;itiv(» powers anil iliilii'S iiiiiv Im- ii-fi'iTcil l>y citlHT of llirin In llir Mavitr. whii .shall I'.xainiiu' ami ilctcriiiiiif siirli iiiicstjons. and liis ilcrisinn shall hi' liiial as hi't\vi'«'ii snrh ulTircrs. Si'i'. 4.'>. l*«>\v«'r «>f .Vss«'iiil»ly t«» «T«';it<' 4iffi«'«'s. 'riii- .Vssi'iiililv iihall have fiiwi'i'. Ii\ urilliiMin i- j.assi'il li\ a miIi- oI i\mi ihirils nf llir nii'iii ht>rs<'lcrl of i-arli hiiiisi'. to rri-alc aii.\' olhcr otViri- wliiili il may ilci'iii iirri's .saiv. anil to |ii-i)viilf rm- llic niiiiiiu'r tif tillin<; the same. .\saembly may create office: 8t. (.ouis vs. Messing. 19« Mo 161. ml : or assembly may transfer duties from one office to another, or abrogat.' th.' ofll.i' altogether: ■r jrniissrr -i— 366 CHARTER OF THH CITY OF ST. LOUIS. [ART. V. Sec. 1. ARTICLE V. RKVICNTK AND TAXATION. SRCTION. 1. Muniripal A.ssfmbly to Ifvy and collect all taxes; rate of taxes in old and new limits. 2. Assembly may increa.se tax rate in ex- tended limits. 3. Enforcement of taxes. 4. Licenses, wharfages and other due.s. 5. Blank licenses, tickets., etc.. how is- sued. G. Classification of taxes, etc. 7. Payments into city treasury. 8. Settlements of fiscal officers. A1'PIU)PRIATI0NS. 9. Appropriations. 10. Limitation of appropriations. 11. Payments out of city treasury. 12. All ordinances authorizing disburse- ments to be indorsed by Comptroller, l.'i. Unadjusted accounts, how certified, etc 14. All expenditures, etc., must be by ordi- nance. ASSESSMENT OF PROPERTY. IFi. Board of Assessors; Assembly to estab- lish assessment districts. . 16. Official bonds of assessors: duties of district assessors; when assessments shall commence and end, etc. 17. Qualifications of assessors. 15. Duties of President of Board of As- sessors; shall be accountable for all plats, books, etc., belonging to office; may appoint clerks and deputies: SECTION. personal attendance in office re- quired. 19. Assessment books, how made up. 20. Public notice to be given of completion of books. 21. Duty of Recorder of Deeds in reference to conveyances. 22. Property not laid off into blocks, etc., to be assessed as agricultural lands. 2-3. Costs of assessments, how paid. BOARD OF EQl ALIZATION. 24. Its organization and duties. 2a. Record of proceedings. 26. Abstract of corrected assessments to be sent to Mayor and State Auditor; State, school and city tax-bills,* how prepared; duty of Comptroller in ref- erence to tax-bills and assessment books. 27. Ordinance fixing percentage of tax^s. 28. Comptroller to correct manifest errors in assessments, '2'^. vNuihorit.v of Comptroller as to de- limiuent taxes, etc. (^OLLl:CTION OF TAXES. .">0. liond of City Collector. ;il. Collector to collect all revenues except ■water rates. :'.2. Rebate on tax-bills. 3.3. Authority of Collector to appoint depu- ties. :i4. City Collector to perform all duties dischar.i^ed l'.\- County Collector. Sfctiiiii 1. 3Iiiiii<'ii)al Assembly to Icv.v and colkM't taxes — rates for various purposes specified — rates for ereetiuji' public buildinjjs, lio« increased — revenue for erectini; public bnild- injfs. — For the su]ip(irt o\' tin' oi,vciiiiiifiir oT the cil.x. ilic iiiipruvpiiieiit tliercof. and the iiayineiit of tlie ])iil)lic debt, tlic Muiiicijml Ass('iul)l\ shall. b.v ordinaiue, aiumallv lew. assess and collect taxes on all subjects and objects of taxation, and on all ]iro]iert.v within the city made taxable by law for State jiurposes; and establish the rate tiiereof, as follows, to-wit; For municipal purposes a sum not exceeding the niaxinium antiiorized by the Constitution of the State, or any amendment thei-eof: for the payment of the valid indebtedness of tlie city existinji' on the seventli day of Aju-il, eighteen hundred and ninety, and for the bonds issued in renewal thereof, a ]iercentum suH'icient. at least, to meet the requireiiients of Section two. Article fourteen of this Charter; for the ])ayment of iiidebtedne.ss which may have been incurred thereafter or may be incurred hereafter, a jier- centum sufficient at least to pay the interest on such indebtedness as U falls due. and also to constitute a sinking fund for payment of the principal thereof williin twenty years from the time of contracting tlie same, or with- in such other jieriod as may be ])ermitted by the Constifntion of this State in force at tlu' time any such indebtedness is contracted, unless said interest and sinking fund are hereinafter, or hereafter, otherwise provided for; ])ro- vided. however, that the i-ales of taxation lor the ])ayment of tlie indebted- ness existing on the seventh day of Ajnil. eighteen hundred and ninetj', as ART. V, Sff. 1.) OHARTKll OK TlIK CITV OF ST. I.OPIS. 3g7 aforesilid. mikI I'dl- llir |i:i\ inrnl cif cikIi S('|p;ii:i Ic i inlrlilciliicss I lici'isi flfi-. shall lie sc|i;n;il('l\ fsljihlishcii ; and i)r(>\ idcd Inrllicr. llial lor llic piiiposc of ci't'cl in;; jpuldir liiiildiii^s. ihc rate of taxation lor innnicipa! purposes as herein limited, may lie increased h\ the Municipal Assemlily, when the r.ite (d' sneh increase and the jmripose for wiiicji it is intended shall have IkH'II submitted to a \ii( : Tills si'ctiiin Is an ann-nilnu-nt ailopttMi at tlie eloction on October 21'. mul. suliinlttt'd unilfi- orillnunoo 20444. Tin- tliverpcnoe from the old pro- vision Is si't out In McQulll. (iinofflolal) work Amend. Chart., in a note on p. 2S0. r»^\MT«« Id" tii\:i(li»n: tii-iit-ral iinwcr to lev>' and collect taxes, borrow and ap- pi-t'ioiit tf iiM>n«-.\ . .-^ee Cliarter. .\rt. til. see. 2tJ. clause 1, Kor provisions and discussion concerning the city's power to license, tax and rcRiilate occupations, vehicles and other subjects and objects of license, see note to rharter. Art. 111. sec. 26. clause a. where that subject is separately treate'd: aiitl ordinances as to license collector see U. C Chap. .^0. and notes tliereto. I'nder the Constitution the taxing power must be exeri'ised by miinieipal cor- porations for county or corporate purposes, be uniform, in proportion to value, etc. See Const.. Art. X. sees. 1 to 4. etc. (See l!i.'. Mo. 22S; 7G Mo. 431; S9 Mo. GSI. and 49 Mo. S12.) As to tlie limit of municipal indebtedness of St, L.ouis under the last aniend- iiient to the Constitution see note to clause 1 of sec, 26 of Art, III of the Charter, The assessment and collection of the revenue and taxes in the City of St. l^ouis la governed largely by the State laws (R, S, 1S99, sees. 9118-9400 inclusive) and (hose provisions thereof which are specially applicable to St. Louis are set out hereinbefore with notes, under "Laws Specially Applicable to St, I.K)uis." Chapter 26. sees. 468-496. See Art. 1 (sees, 468-470) for assessment; Art, 2 (sees, 471-4,S2) the Collector; Art, 3 (sees, 483-487) settlements of collector: Art, 4. (sees. 4SS-492) dellnnuent and back taxes; Art. 5 (sees. 493-494) assessment and taxa- tion of railriuuls; Art. 6 (sees. 49.'i-496) taxation of merchants and manufactures. These provisions should be consulted in connection with the charter provisions. The ordinance provisions eoverlnp the revenue department are found in Rev, Code. Chap. 30-32. sees. 2070 el uq.; see as to board of assessors, sees, 2070-2098: board of ei|ualizatlon. sees. 2099-2102; of taxes, see. 2103. Special taxation for local improvements is not Included In general taxation. and Is dlscusse useful purpose'*: IT. S, vs. New Orleans. 98 I", S, 381. 393: and hence when the power to contract a debt by bond Is given the power to levy taxes to pay .same goes with It. unless there is an express limitation which repels the inference; lb. pp. 393-394 (allowing mandamus against the city to pay Judgments on bonds): and a lawful Issue of bonds Is not only binding upon the munii'lpallty. but even the power of the State itself to alter or destroy Its municipal corporations or change the boundaries thereof, cannot be so exercised us to Impair thi' obligation of such bonds, and If such be done, the proper officers of the old municipality may be compelled by mandamus to make an assessment and levy of taxi'-s for their payment: Graham vs. Kolsom. 200 V. S. 248. 3(J)S CHAirnOK Ol' THK city of* ST. I^OUIS. [art. v. Sec. l. The Constitution of Missouri, sec. 23 of Art. IX. distinctly recognizes the right of the City of St. Louis to make provision in its Charter for levying and collecting city taxes for the niaintenanee of the city government: the city was empowered to make provision in its charter for the levy of taxes by its municipal assembly upon such subjects and in such manner as would not be in controvention of the Constitution and laws of the state, nor does the city derive its powers to levy taxes from legislative grant, not being included in those affected by Const.. Art. X, sec. 1: St. Louis vs. Bircher. 76 Mo. 431. 433. "The power to tax is explicitly .given in the Charter adopted in pursuance of the constitutional ijrovisions; in view of those provisions there can be no doubt that it was the intent of the framers of the Constitution that the Charter to be framed by the Board of Freeholders for the City of St. Louis, should contain such provisions in regard to taxation as should be found by them expedient, and violate no constitutional provision. To hold otherwise "would be to hold that the framers of the Constitution offered to St. Louis a Charter under which she could have no revenue, and consequently no police, no waterworks, no street lighting or paving, no means of subsistence and no life": St. Louis vs. Sternberg. 4 Mo. App. 1. c. 457 (affirmed s. c. 69 Mo. ,289). ".Vs the city government, authorized by the Constitution for the City of St, Louis, is entirely different in its organization from that of the counties, and as thi' duty of collecting the State revenue which devolved upon the County of St. Louis under the general law, was thereafter to be performed by the city, it became necessary to provide in the Charter the requisite municipal agencies for the performance of that duty. Proper officers wei'e to be designated, the mode of their selection prescribed, and the duties which were previously performed by the officials designated in the general law were, by express enactment, to be imposed on them," etc.: State ex rel. vs. Powers. 68 Mo. 320. 324. See as to transfer of old county functions to city officials on the separation of city and county, note introductory to Charter, "General Considerations." etc. Under the Charter and State laws annual assessments of real estate in St. Louis are lawful: State ex rel. vs. Powers, 6S Mo. 320. The power of taxation by muni<-ipalities is amongst the most valuable and im- portant of the public trusts and powers conferred upon municipal corporations, without the exei-cise of which mimicipal government would cease to exist: and a contract by a city not to exercise the same, or attempting to limit the exer- cise thereof by exeniption or commutation of taxes, is void, and of no effect; State vs. Railroad. 75 Mo. 20S. 210. applied also in Springfield vs. Smith, 138 Mo. I. c. 655: an attempted exemjition from either general or special taxation is void; \'rana \'s. .St. Ia^uis. 164 Mo. 146, 152. There being (at that time) .a direct conllict between the Charter of St. Louis and the general State law, so far as the.v relate to the method of rxti-tidhis the taxes levied upon railroad property and the subsequent proceedings for collecting the same, it was held that the State law supersedes the Charter in that respect; State ex rel. vs. Railway. 117 Mo. 1. 11-12. (As to assessment and taxation of railroads see "Laws Spec. Applic. to St. L," hereinbefore. Chap. 26, Art. 5.) Personal property of a non-resident is taxable here if it be found witliin thf local jurisdiction regardless of whos*- hands it may happen to be in; Curtis ^■s. Wood. .")S Mo. 295: and see Lionberger vs. Rowse. 43 Mo. 67: Bank vs. Meredith. 44 Mo. 500. But personal T)roperty is to lie assessed where owner resides, etc.; Rev. St. 1899. sec. 9121. The legislature cannot aulhorize .a municipal corporation to tax. for its own local purposes, lands lying beyond the coi-porate limits: AVells vs. Weston. 22 Mo. 384. (But as to issuing bonds for street railway running out of the limits see Henderson vs. Jackson Co.. 12 Fed. (C. C.) 676: and the city may issue bonds on bridge over Mississipiii: Haeussler vs. St. Louis (Sup. Ct. in banc July 2. 1907, not yet reported.) As to what is within the limits where the boundary is a river see extended discussion in Henderson Bridge Co. vs. Henderson (a Kentucky river case) 173 IT. S. 592. to l)e interpreted in connection with our laws as to Uw boimdary (see note to Art. 1. sec. 2) and see State ex rel. vs. Tjongfellow. 169 IT. S. 109: Haeussler vs. St. r.,ouis (bonds for free bridge across Mississippi. Supt. Ct. in banc. July 2. 1907. not as yet reported). The State has a right to increase the boundaries of St. Louis witliout consent of property holders who are thereby brought within its limits, and are thereafter required to pay city taxes: Russell vs. St. Louis. 9 Mo. 503: sec also Benoist vs. St. Louis. 19 Mo. loc. cit. 184. AK'r V. Sfc. 2-6 I CttAnTKI: <>l' TUN CITV OK ST. t.OflS. 3(j;i PuIjIIo projierty of the litv is hy 111.- Constitution i'\<-ni|il fnini tnxiitl.in (An. X. si'c. 6) bnt this iloi>» nut apply to property held hy tlu' city as triist Mo. 23(1. I'XS (Mulhinphy KnilKrant l''und: See note to Ilev. Code. Cha|)tei- 111. sec. 1654. el sfQ.) Neither does constitutional nor statutory exemption from taxes apply to special taxation for local Improvements, as to which see noti's to Charter. .\rt. VI. sec. 14. etc. In holdlnsr void sec. 11a of Art. X of the State Constitution, as in conllict with the 14th amendment of the V. S. Const., the court said In State ex rel. vs. Ry., IS.T Mo. 1. c. 24t-l'42: "If the co.nstitutional [State] amendment only excepted the City of St. Ixiiiis. a very different question would also have been presented for adjudication, for the City of St. l.ouis Is a political subdivision of the State as much as any county ami is treated as a county, and any law that is passed applicable thereto applies to all persons within Its territorial limits: and taxes which are Imposed on property in the City of St. l.,ouls art' necessarily uniform becau.se they subject the same class of subjects, within th.- territorial limits of the clt.v. to the tax. In fact the laws relatlnf; to taxation in St. Louis have for many years be.n different from the laws applicable to other parts of the State." fnder the t'liarter of 1S41 there misfht be different levies or rates of taxes In the same year, provided the agttregate did not exceed the Charter limit, and the council miRht levy taxes cither for the llseal or calendar year: Benolst vs. St. I^uls. 19 Mo. 179. •See. 2. S.'c. :!. ICnrorci'iiii-nt of (axes.— The (.nvinciii of all la.xcs Un- tlio cil.v .shall lie cnrorccd in tlic same iiiaiiiicr and uikIci' llic same rules and rc^jiilalions as inav lie |ini\idcd liv law fur ((illccl iiii; ami ciirniiiiio ilic \y.\\ inciil of Siaic la.xi's. [•'or authorities relating to brlnslng and defending of suits for taxes, and mat- ters connected therewith, s... i,..i.. %,• «,.,■ cu ,.f -i :,«< s lally Applicable to St. Louis." ante p. 189-190. See. 4. Lic«'iis<'s, wliarfjijjes and otluT diu's. I'lic .\sseiiil»lv sliall also |ii-<)vi.-c. :i063. Sec. 1). Classifu-atioii <»f taxes. .Ml taxes collected for miinici pal plirjioses. from all sources whatever, sliall lie designated ".M iiiiicipal Hevenue," and the taxes eidleeted for the pa,\'iiielit of the pulilic deltt shall Ih' • 'ion held Oct •:. 1901. 370 CHARTER OF THE CITY OF ST. LOUIS. [ART. V, Sec. 7-12. edness of tlic rest, for the jiayment of the public debt, foi- public ini])rovenients. and for the sujiiiort of the city jrovernment during any one fiscal year, shall lie in conformity with the reijuirements of the constitution of the State. Con.stitiitional limit of municipal indebtedness, see note to .\rt. HI. sec. 2fi, clause 1; Const.. .\rt. IX. sec. 19 and .-irt. X. sec. 12. Sec. 10. Limitation <>f appropriations. — No appropriation shall be made from any revenue fund in excess of the amount standiu"; to the credit of such fund; nor shall it be made for the purjioses to which the money therein is not apjdicable by law. See sec. 12 infra. Duty of Comptroller to see that no improper expenditure incurred, and that ap- propriations are not overdrawn: Charter. Art. IV. sec. 20: Rev. C. sec. 2427. Simi- lar duties of Auditor, and warrant to specify appropriation out of which payable: Rev. Code. sec. 2411. 2410. 2419; Charter, Art. IV, sec. 21. As to effect of contracts where the appropriation is less tlian the contract price see note to ,\rt. XVI, sec. 7: also, as to improvements, note to .-Krt. VI, sec. 28. Sec. 11. Payments out of city treasury. — No money shall be paid out of the treasury e.\ce]>t on the Auditor's warrant, and no warrant shall be issued on any ajijiropriatiou, unless there is an unexpended balance to the credit thereof sulficient to cover such warrjint. and money in the treas- ury to pay it. See Rev. Code, sec. 2410. Sec. 12. All ordinances authori/.inji' dishursenumts to l»e in- dorsed by ('omptroller. — All ordinances that contemplate the pay- ment of any money shall, u])on their second reading, be referred to the approjiriate committee who shall obtain the indorsement of the ("'onijitroUer thereon to the effect that sufficient una]ii)ro|iriatiMl means stands to the credit of the fund therein named, to meet Ihe re(Hiir<'menls of said ordi- nance, or it .shall not be lawful to recommend its passage, or pass the .same: Provided, thai no claim shall be paid without Ihe a|iiiio\al of Ihe .Viiditor. See as to wisdom of provisions sueli as these, the rmnarks of Marstuill. .1.. ini Pryor vs. Kansas City, l.'>3 Mo. 151 ft .«•». AltT. V. Sec. 13-161 CHARTKR OF THK CITY OF ST. LOI'IS. ;j71 KKVK.NIK .\.Mt T.\X.\l'l;|('ni|it i()llei"s olViee, and tiled and )n-esei\ed as \iint«'., must lu' 1»\ «»nlinan<'c. — Xn iiiiinev shall lie ex|iended. ni>i' shall an\ ini]pr(i\cnienl he ordered in\(il\inii an expenditnre of moiicv, ('Xee|il liv ordinanee. the provisions oC which shall he siieeilic and detinite. Sietloii elleil: St. I-.mi.s v.-s. Lang. 131 AIo. loc. eit. 420; Silvester vs. Si. I.ouis I6t Mo. I. o. 609. As to appropriations for initilie work or IrnproviMnents. see Cliarter. ,Ai't. \'I, see. 2S, and note thereto. A meri' auditinizr officer cannot be niandainiised wluTe tliere Is no ap|>r.>prlati(>n : State ex ret. vs. Brown, HI Mo. 26. Hut as to no teelinicat appropriation by the niunieipal assembly beliiK re.iuired where the police board sends In Its estimate, see .State ex rel. vs. Mason. l."i:i Mo. I'.'t. and references in note to Cliarter, Art. XVI, see. 16. ASSKSSMKNT iil' I'Kl il'IMt TV. Sr<\ 1.'). Hoard ot A.s.scs.sors — Asst'uibl.v t(■ elected hy the (pialitied voters ol' the city, and one As- sessor li-oMi eaili assessment district, who shall hi' ajipointed hy the .Ma\oi-, and coiitirnied hy the i'oniicil and the .Mniiici|ial Asseiiilily, shall lay otF Ilie city into convenient assessment dislricts. and shall have |power (o alter and ciiaiip' the .same, as iieei'ssity t)i- eonvi'iiienee may ie(|iiire. .See Rev. Code, sees. 2070. 2084. By sec. 8 of the Scheme tlu- office of President of the Board of Assessors Is declared a city office and placed under the control of ilie City po\'ernment. See. Ki. Official hontls ol" Assessors, '{■he riesideiii ol ihe Hoard, and eaeli of liie district assessors, before entering; upon tiieir otVieial duties, sliall ;rive bond and secinity to the State, to tiie satisfaction of the .Mayor, with three oi- more solvent .securities, freeiioiders of the city, the said I'resideiil in a sum not less than twenty thousand dollai-s. and the said district assessors, each, in a sum not less than two Ihoiisand dollars, the amount to l)e lixed hy ordinance, conditioned for the faithful |)erformance of the duties of their olfice. which honds sliall !«■ executed in duplicate, one of which shall Im' forwarded to the State Auditor, and ilie oiher he ile]iiis- iled with the He<;islei- of the City of St. Louis. S.-.- not.- h.-I.iw Duties ol .Vsscssors—rcports.- -It shall he the duly of the district iiHs«'.sMors to a.s.sess the proiwrty within the districts for wliicli they were appointed, under the direction and superintendence of the I'resideiit. in the yj2 CHARTER OF THK CITY OK ST LOUIS. I ART. \'. Sec. 17-18. iiiiuiner jn-ovicied by law. They shiill coninience tlieir assessment ou the tii-st (lay of .Iiiiie in each year, and i(iiii]plete the same, and make their liiial rej)ort to the President, on or before tlie first Monday in January fol- lowinj;. lOach report shall be veritied by tlie affidavit tliereto of the as- sessor makinj; it. that he made tlie assessnienl contained in iiis report im partially and correctly to the best of his ability and judjimeiii. and iinin thienced by fear of. or favor by. or towai-d any one. Act March 21. 1S81 (Laws 1S81. p. ITS) fixes the dates. Dutles.etc: Ordinance: R. C, .sec. 2083. .\s to lionds. etc.. see R. C. sec. 2071, See also note to sec. 18 infra of this article. Sec. 17. (iualittcatioiis of As.sessors.— The I'resideut of tlie Board of Assessors shall be of the age of at least thirty yeai's, and have been a resident within the city for at least .seven years next before his qualifica tion ; and each district assessor shall have been a resident within the city foi' at least five years next befoi-e his (jualification. or com])etent for his duties from actual service as an assessor of real estate in the City of St. Louis for taxation. Ordinance: Rev. Code, sec. 2072. The original provisions also required the as- .sessors to be freeholders but was superseded by the State law (R. S. 1899. sec. .")259> and that portion is tlierefore omitted. Sec. IS. Duties <»f the President »>f the Board of Assessors — shall be aee(|iiired by law. lie shall furnish the district assessors with all jilats, blanks. statioiuMy. in structions. and all information that may be needed by them Cor the projier assessment of their respective districts. He shall receixc the return of property' of those u]>()n whom the district as.sessors have ordered notice, except in those cases where the district assessors make personal service, and shall administer the oath re(]uired by law. He may ainioint one oi' more of the clerks in his office as deiiiiti(>s. and he or they shall be author- ized to administer the oath. He shall furnish jtajier. blanks, and all neces sary information to persons desiring to make a|i)ieal from the assessnumt of the district assessors. He shall, in jierson. be at his office every working day. during office hours, excejit when engaged in his duti(>s as Ass(>ssor. or absent oii leave, and shall fiii-nish iiiformat ion on all matters pertaining to the assessment of ])ro|ieity. See in connection lu-rewilh I:, .s. 1S99. .sec. 91C9. set out liereinbeforc under "Laws Specially Applicable to St. Louis." Chap. 2ti. sec. 468. I'^ir ordinances see R. C. 2070-2098; deputies, sec. 20":i. ART VS... I"J-J3.| CIIAKTKK OI-' TIIK (MTV OF ST. I-OnS. 373 The action of llu- usses»ur In ussfSslnK tin- properly of owners l» <|Uusi-Judlclal, iind when Ills Jiirlsdietlon uttaehes by the duo servlee of notice and blanks, his valuation and aasessn»ent made where the property owner falls so to do. is. unless appealed from. <'oneliiHive upon the ta.xpayi'r; and that the valuation is of a lump sum. not itemized, is at most a mere irregularity of which the tax- payer, when sued, cannot complain: State ex rel. vs. CumminRS. 151 Mo. 49, SO. See also State ex rel. vs. Seaborn. l'.\» Mo. ."iS2: State ex rel. vs. Hoyt. 123 .Mo. 3-lK. But the assessor cannot raise the return made by the taxpaN'er. without notice: State ex rel. vs. Spencer. 114 Mo. S74. Hy Charter. Art. V. sec. L'S. the Comptroller has :i rlnht to correct manifest i-rrors In assessments. Scr. 1!>. As.s«'ssnH*ii< biMtks, how iiiiiilo up. -Wlicn tlic (lisiiict assessors shall lia\i- luiiiiilcifd ilicir iisscssiiuMils, said I'rcsidcnt o( liie lUianl sliall make up llu' assessment liooks in proper alplialx'tieal oriler, from the phits and rciiiriis maih- liv s;iid district as.sessors, from liie relurii of properlv holders to the Assessor's olfice. and from tlie best inftirinal ion he can otherwise olii:iin. so that said assessment hooks shall he as nearly as possible a full and com](lete assessmeni of all laxalile property in the city, the saini' to he completed on or liefore llie ihird .Mond;iy in Mnrch of each year. Cited In lleman <^>nst. I'n vs Loevy, 17!' Mo. loc. rlt. 4i;S-IG;i. Sec. L'O. Public ii<>ti<-c lo ln' i^ivrn o\' coiiiplftiou u( hooks. — .\.s soon as said hooks are coiii]det(>d, the I'resident of the Hoard shall ^ive one week's piihlisheil notice in the (hiily iiewsjiaiiers.- -one of wliicli sliail he printed in (leriuan. — that said books are ojien for insjiectioii. and stating;; Ihe time when the Hoard of l'(|ii;iliz:ilion will he in session. Sic. \1\ . I)ut.\ of Ht'coriiiT ol Deeds in rt'l'iTt'iKH' lo convi'y nilfi's. — The Kecorder of heeds of the City of St. l^ouis is hereby reipiired lo deliver to tlie I'resideiii of the Hoard of Assessors, from day lo day. when rei|uired of him. and the (hiy after the same shall have been recnideil and coni|iared. all t of the 15oard shall, without iin necessary delay, make sucli chanjies uj)ou the plats in liis otTice as said deeds and other iiislriimeiits may recjiiire, and forlhwitli return such deeds and other inslrunients to said Keeoi-der. < ►rillni,nce to siinu- cfTecl: R. C. sec. 2097. See other ordinances affecting Re- corder: R. C. Chap. 27. sees. 2047-2052: also .sec. 1944. Duties to record plats. Chart . Art. VI. .sec. 1. Si;.-. I'L'. This section was repealid at the charter amendment election of Oct. 22. 1301 (submitted by ord. 20444) and Is omitted from the text. The section provided that the assessment of lands in the city, which had not been laid off into blocks or lots, should be assessed by the acre as aitrloultural lands until laid off Into blocks and lots hy the owniTs. Before Its repeal the same had been declared void as unconstitutional (conllictlni; with sec. 4. Art. X. requiring all property to b« taxed according to Its value): State ex rel. vs. O'Brien. 89 Mo. 631. .\ similar section had lontc before been held not to require the value for taxa- tion purposes to be nxed by Its aKrlcultural value only: Benolst vs. St. Ix>uls. 15 Sec. "jy. Costs 4»f iisscssiiMMit, how paid. All tlie SSIII«>llts lo l>»' Ht'Ill to Mayor and Slad" Aiidiloi— S(a)«', s<-ho<»l and <•!(> f jiro|ierlv assesseil, and specirviuf; tin- auioutit of value of all |wo]ierlv with- in the |ii-espiit liuundsiry line of the eit.v, the anjouiii of \:ilne of ail jd-op- ert.v in the extended limits, and th(> ajif;r(>f;ate \aluaiioii of all i)ro|ierty within the rity limits as esiahlished hy this Charier, and add tliereto his <-ei-lilif la.xes for the current year. See R C. sec, 2103. This charter provision (sec. 27) Is an amendment adoptert at the charter election of Oct 22. 1901. submitted by ordinance 20444, The rate for school taxes Is flxed by the Board of Elducatton: Charter. Art. Xtll, sec. 4. S.c. js. ('(inipt roller fo comM-t inanlfrsl errors in as.sess- nionts.— The Cii.v Ciimpiroller is aiiiliorized and empowered to hear and determine all alleviations of manifest errors in the assessment of lands and |i«>rsonal property for laxes, and in all eases when it shall apjiear that lands or personal property have bet-n erroneously taxed, the said Coniplroller 37G CHARTER OF THE CITY OF ST. LOUIS. | ART V, .Sec. 29-31. shall cause ilie same lo lie vontHicd dii Tlie assessment books, and shall cei-tifv to the Stale Aiiditor all such coirectiDiis lo be credited to the Col- lector. Anifiulinrnt adopted at election Oct. :;:;. 1901. The city asseniblj- is prohibited troiii relieving any citizen from payment of any tax or exempt him from any burden, etc. See Charter. Art. Ill, sec. .'iO; and from making any appropriations for charitable ]nirpiise.'i. etc.: ib. sec. 33. Sec. J!t. Authority of Comptroller as to dclinqiu'iit taxes, etc*. — And the said Coinptioller is I'urtlier authorized and eiiii)owered to discharjie all the duties, and perforin all the acts within the city limits, in i-ejrard to the "land delinquent list." the "sale of land for taxes," and all other matters reiatinii to the assessment books and tax-bills, that are im- posed on the ("oniily Court in the (General Law. (■(U.IJOC'IION (II- lAXlCS. Sec. :U). Boiiil of City Collector. — The Collector of the City of St. Louis, liet'oie enterinj; ujjoii the discharsic of the duties of his office, shall i;ive bond and security to the State, to the satisfaction of the .Mayor, in a sum provided by law and ordinance, conditioned that he will faithfully and jiunctually collect and i)ay over ail State, school, municipal and other revenues, durinj;- the time he shall be in otiice, and that he will in all things faithfully perform all the duties i>f the office of Collector accordint; to law. The official bond required in this .section shall be signed by at least live S(dvent securities, freeholders within the city, and be executed in diijili cate, one of which shall be deposited with the Rejj;ister, and the other trans- mitted by the Rciiister lo the Stale Auditor, who shall carefully examine the same, and if it aiqiears to his satisfaction that the bond is insutficient, he and the .Mayor shall recpiire such <"ollector ro give additional bond, and if he fail to give such additional bond within ten days after he shall have been notified, his office shall be declared vacant. Said bond, when ap- proved and recorded, shall be a lieu against the real estate of such Col- lectoT- until he shall have com])lied with the conditions thereof. If the Col- lector shall neglect or refuse to give such bond for fifteen days after his election, his ofl'ice shall be declared vacant, and an election shall be ordered to fill the vacancy. See also Stat.' law; It, S. I,<99, sees. I)2n6-921S. (See same under "l.aws Spec. Appl. to St. 1,.." Ch. L'«. Art. 2. sees. 471-480.) Hy sec. R. S. 9210 (Laws, etc., sec, 475 with note) the bond is a lien on the realty owned by tb<- collector. Sec. :il. Collector to <*ollect all revemie.s except water rates. -The Collector shall collect all revenues lierived from all other sources, which may be levied by law or ordinance within the City of St. Louis, except water rates, and keep a detailed account of all his collections, from all the ditl'erent sources of revenue and taxation, respect i\('ly. .Ml collections made belonging to the city shall be paid into the city treasury daily, and triplicate receipts taken therefor, showing from \\hat the money proceeds, and the account to which it is placed, one of which shall be til(>d with the .\uditor. and one with the Comptroller. S.e ordinance R. C. .fee. 2290. The duty cast on tlu> Collector to collect licenses was by state law transferred to a "license collector" created by that act: and the issuance of dramshop licenses was by statute conferred on the Excise Com- missioner: See note on these points and references to these statutes in note to ART. V, See. 32-;M.| CIIAKTKK OK TIIK IMTV i H." ST .177 i.'liurt.-r. Art. IV.. ai-i-. 24. To timt •xt.nt tii.- .liilirs nf iliv lU'il. ■iilU'ftor wori' imimIi- ('niniiilDsloii.s »f Collfcloi' for fOlliH-tliiK ri'Vi-nui' shi- Stiit<- liiw. H. S. 1S!>!I, stco. ii:!SO (.si't out under "Irfiws. S|H-i'. AppllrHMi' to St. l^ouls," Ch. :!6, Art. .1, si-l-. tS6). Sir. :5l>. Kobato on tax bills, On all tax hills i'tn- real and pcr- soiiai |>rti|icrt,\ . mi ilit- a.ssc.s.sniciil ixuik.s. whiili shall he ]iai(I to the Col- IcrlDi'. 1)11 DP hcrmc the liisi shall lie niailc nn I he iit.\ la.Xfs on said hill, lo the |icrs(in m- (km-sous making sntli pavnicnls. al the rate ol' fi<;l)l |ici' ccnliini |K'r annum fi'iiiii iIk' date III' sni'li )iaviii('iii in (he :tlst of I h'conihcr t'i)ll(i\vin<;', and lli(> aninniil of such allowance or rclialc shall he credited to the account of the <'o|- leclor. and chai-j;ed lo the res|iecii\c revenue accounts. '"■I" ■ Mtl t;i\ I'ImI--. KrV. ('.. set-. L'L'Ill. s. • . ..... .\iitbori(,v «»r ColkM'tor to appoint statute on follector's rlijht t" ili'putlcs: R. S. ISnn. stc-. 9217 (.sei- same in lji\x-» Sp. Appl. to St. K." KIT. JS2). Kor onllnancc .«i-f R. C. sees. 2892. 229n. Ill an in-tion on tax lilH. thi* bill rannot In- rxi'liiard luu-aiist' slKncd by deputy: Stat.- px rt-l. V8. MUli-r. IB Mo App. :<:t». Sir. :u ('it.\ ('olU'«"(or («» perform all (lutics discbar^tMl b\ Coiinly ColUM'lor. I'Ur said t'ollcciDr is auiliurizi-il. cmpoxvcrcd and di- i-ecied lo discharfje all the duties and perform all the acts in relation to the collection of the i-evemie. within the city limits. Iliat the County Col le<-tor is iioxx- rei|uired and aulhori/.ed hy law to ilo. 378 CHAIITKU OK THK CITY OK ST. I.OUIS. [ART. VI. ARTICLE VI. PUBl IC IMPROVKMENTS-CONDEMNATION PROCKEDINGS— STREET OPENINC^- C-ONSTRUCTIONS OF STREETS. BOULEVARDS. ALLEYS. ETC.. AND SEWERS— SPECIAL TAXATION— CONTRACTS FOR PUBLIC WORK- STREET SPRINKLING. SECTION 1. Street.s to lie estalilislied — lot.s. etc.. to conform to established streets— map or plat of new blocks, lots. etc.. to bear certificate of responsible sur- veyor, to be approved by B. P. I. and refer to established landmark, otherwise cannot be recorded — dedi- cation to public use of streets, al- leys and public places— limitations respecting heavy hauling- and busi- ness traffic allowed on certain con- ditions — private places — boulevards may be established on stated con- ditions, or discontinued, CONDEMNATION PROCEEDINGS. 2. l^orm of petition — commissioners to assess damages— parties defendant. 3. Notice to defendants — process to be served by city marshal — notice by publication. 4. Court shall appoint three freeholders as commissioners, to assess dam- ages; qualifications — majority may act and report. 5. Duty of commissioners as to damages and benetits — assessments of bene- fits to be a lien against property — opening of alleys. . 6. Commissioners' report to be under oath— damages and benefits to be separately stated. 7. Report may be reviewed on exceptions court may order new appraisement. etc. 8. Cost of proceedings — commissioners each allowed $3.0U a day, 9. Report of commissioners to be submit- ted to assembly — report stands ap- jjrovd it no action taken within tiin<- limited— on disapproval of re- port, court shall set same aside and order new assessment — withdrawal of proceedings by city, conditions. I'inal action of court to be reported to comptroller, who shall furnish copy to assembly — appropriation to pay damages; failure to appropriate to operate as a bar for ten years. City may deduct benefits from dam- ages, and shall pay excess or de- posit in court — interest disallowed, when — when title of property in dis- pute damages paid into court — im- provement may proceed. 12. Condemnation of property for particu- lar uses. 10. 11. SECTION WATER .AND GAS PIPE CONNECTIONS. 13. Board of public improvements to regu- late. CONSTRUCTION OF STREETS. BDULE- V.ARDS AND ALLEYS. U. Ordinances for iniprovcmenl of streets, etc.. to originate with B. P. I. — board to designate day for public meeting to consider improvements — notice, . contents and time of publication — remonstrance against improvement, time of filing, etc.. and action of board thereon — two-thirds vote will overrule — board to prepare and re- port to assembly ordinance, witli reasons, in event of remonstrance — majority vote of board sufficient In absence of remonstrance — board may provide in improvement ordinance that work and material be guaran- teed and kept in repair for a term of years — special taxes to be levied and assessed according to frontage and area, apportionment — benefit districts for special taxation estab- lished, method — special taxes for ths construction of sidewalks appor- tioned by front foot rule — terms "reconstructing" and "repaving" construed — partial improvements by reconstructing and repaving permit- ted — contracts for improvement of sidewalks considered distinct from ttiose of streets, etc. Culverts and partial grading of streets — special taxation for improvement of alleys — word "lot" defined. ir,. Improvement ordinance, requisites — may specify term of years for which work shall be maintained — estimate i- ■nil-: ci'iv uy st. i-oris. 37'.i •I I'.r.n- I Mi'itiivi:Mi:.VTs — stukkt (irKM\i;s. SKi-rioN >1.\\ I. Its. 2«. riasslttiiillon nf s.-wer aystfiii — "|>iib- lli-." "cIlBtrlrt." "Joint Jl.stilrt" and "prlvnti-." Jl. l>lMtrU-t 8i*\vt*r8, ostnhllshnifnt and rnnstriiftlon — dlntrirt^ may be rhanKfil — »p<'ilal taxation for. aii- thorl/.i'tl — ii'pair!* and Inilili-ntal I'X- ' pi-nst'S palil by city — reconstruction of si-wiT.M pi-rmltted at i-xpt-nsc of propensatUfclal tax bills — how made out. reff- Istered and delivered — place of pay- ment to be d>'Sl);rnated. J.'t. Spe<-lal tax bills to bo a lien on prop- erty — collected In name of contractor — Interest — city marshal to serve notice — action for false returns — suit by attachment afcalnst non-resident — certified tax bill prima facie evidence — defenses — city not to be liable on special tax bills — SKCTION certain tax bills shall lie divided Into parts and may be paid in In- stallmenls — liiti'rest — effect (if non- payment of Interest or Installnients when dui — limitation of lien of spe- cial tax bills — entry of satisfaction. iii. Special tax hills may be asslKned — forniallt.v renuired — payment. CONTItACTS KOll Pl'BLIC WORK. 27. Assembly forbidden to contract for public work — U. P. I. to submit or- dlnano' for pro|>osed work — adver- tlsemi-nt for bids, requisites — con- tract to he let to "lowest responsible bidder' — one liavlniu; failed to carry out prior contract with city deemed not responsible — bids may be re- Je<'t*'d — certilletl check to accompany all bids — sureties on contractor's bond. 2S. Improvement ordinances to contain spei'lllc appropriations--work may be done in parts, but ordinance to provide for the whole and appro- priations shall be made for each part — contract provisions — suspen- sion of work on complaint — B. P. I. tt) examine and report — costs. STUICKT SPHINKLING. .I'.i. Street s|)rinklinK authorized by ordl- nanci — special tax bills therefor is- sueii in favor of city — contracts made annually by B. P. 1. — sprlnk- llnjif districts — date of special tax lien — interest — cost of sprinklintc paid out of city treasury and city reimbursed bv special tax bills. S.itii.n 1 St r<-i-tN to !)(' <>st:iblisli(Ml lots. «'lf., to conform to «'stiil>Ii>»lH'(l «.tr«M'ts map or plat of i\r\\ hlorks, lots, fir., to Ix-ai' cert itU-atf of rosptnisiltlt- siir\ «'>or, hf appro\4Ml \t\ 15. I'. I. anil iM'tor itt t'slaMi^lifil laiMlinark. otlu'fwist' raniiot \tv vv- 4'or«l«'ts, alh'>s and piiltlh- pla<'«'s. — Till' .Miiiiii'ipjil A.-^sniiMy >li,ill liy nriliii;iiii'i',< rcii»iimii'iiili'(i by llic lio.'ii'ii ol' I'lililii' 1 lii|il'iiM-iii('iils. i-slMlilisli<-sial>lisliniciit. l>\ r pnnci'dinfjs lot- llic (i|iciiin^ of siirli sliH'«'ls have Ihhmi i-oiiiuhmiomI. iiwiiei-s of iir(»|KM'ly dcsiriii}; lo siil>- dividr inlii lilorks. lots, or snlilots. shall conronii tlicir siili-divisions to sinli i-stalilislii-d striM'is. In all cases wlirii any lands williin the city arc here- after siili di\'ided or laid out in lilocks. lots, or snlilots. the map or plai Hieo or laid out in lilocks. lots, or snlilots. the map or plai lall liear tin- certiticate of a responsllile surveyor, to tin (' etVect thai lliereoi shall liear Ilie certiticate ol a responsllile surveyor. lo llie ellecl llial the sli-eets thereon repre.seiited are correcll> shown and located, and the\ shall Im- designated as sireets. if they have Imi-ii or are dedii'ated or opened iu-cordiii;; to law. or as [irojio.sed strct'ts if such opening; is incomplete. Said map or plat shall he siihmittod to the Itoard oT I'liMic Improvements for its npproval. No such ma|i or plat, or det-d or instrument contaiiiin;; such :!,S0 CHARTKR OF THK CITY OP' ST. LOTIS. | ART. VI. Sec. 1. iii;i|i i)i-(>\al of said board is endorsed thereon, and all sncli maps, jiials or deeds dixidini; or siiti-dividinc; any hiocii. lot or snblot. sliail specitically state the initial ]ioint of snrvey. wiiic'li siiall bear a designated relation to some known landmark or liiiied States snrvey. and from wjiicji all measurements sliall be made, it shall be the duty of the Recorder of Deeds to enfoi-ce this section before any pei-son shall be permitted to record any such map. plat or deed. The city shall not be liable for dania-ies for the takiuji of any liuildin^ or im])r()vemeut erected or made on a projiosed street or alley aftei- the map or i)lat showing same is i-ecorded. 'i'he I5oai-d of Public Improvements sliall have authority to ai)|)i-ove maps or plats of subdivisions which fully dedicate to pul)lic use streets, alleys and ])ublic places and which are made as liereinl)efore r('i)uire(l. .s,M- imti- at end of this section. LiniitatioiiN as to heavy liaulin.i>' and Imsiiiess traflic — coinlitions. — TIk' board shall also have authority to a])i)rove dedications of streets containinj; a limitation that heavy haulin.u;- and business tratt'ic shall be excluded thei-efi-oni. in which case the entire cost of gi-adin^, inipi-ovin>j. niaintaininji. ie|)aiiinj;. cleaninsi and siuiiiklin.!! of such streets shall be borne b.v and be assessable against the ]ii-opei-ty frontius; or boi'(hM-in<; Ihereon. and the aii])ro\al ol' said boaid shall so recite; but said boai-d shall lequiie. in both cases last above enumei-ated. that all such streets and al- le.vs be made safely jinssable before the map or plat makinj"- such sub division and dedication shall be apjn-oved. recorded or accejited. Privatf places. — No map or plat cnibi-.-iciiii;' a pi-i\atc ]>lacc shall be a]iproved unless it conveys to the cily the rilishim>nt. — Tin Mmiiciiial Assend)ly ma.\. by oi-ilinance recommended \t\ the lloai-d of I'ublic Impi-ove- ments, establish ami o|ien boiile\ai-ds. oi- chanj>e existing;' streets into boule- vards, and H.N llie width thereof, and the manner of laying out ,ind im provinji' the same; and may reiiulale the ti-alT'ic thereon, and may exclude lieav.v di-i\inj; thereon or an,\ kind of vehicle therefrom, and may exclude ami ]iiohibit the erection or esiablishnieiit or mainlenance ol' any business house, ol' the carrying on of any business vocation on the pro]ierty froiitiiij; on such boulevard, and may establish a buildinji line to which all Iniildings, fences, or other structures thereon sliall confoiin. And niav provide for gradinn-, improviug, constructiiij;, reconstruct ini;, maintainiiig. cleaning, sprinkling, the ](lantiiig of trees, shrubliei-y and other things of ihai lio scription and natuie thei-eoii, and the entire cost connected with all of said work on such boulevards shall be levied, ass(>ssed and collected as a special lax on the jn-operty fronting or bonh'iiiig on such boulevard in Ihe iirojioi- lion thai the linear feet of each lot fronting or iKudering on the boulevard beai-s to the total number of linear feet of all jiroperty fronting or boi-der ing on the same, and the work of mainlaiiiiiig, rei)airing. cleaning and spritikliug may be coiilraded for annually, or foi- a term of yeai-s not ex ceeding ten, liv Ihe iioard of I'ublic lni))rovemenls of the city at such time, and uiidei- such tei-ms and conditions as shall be provided by ordinance, lo 1m' recommended by said lioard. and special tax bills for all work shall lie made out in the name of the contractor ami delivered to him. and his re ceipt taken for all claims against the city in the same manner as |irovi(h>d aI;t. \l. S.-1-. 11 cilAUTKi: ck thi; iii'\ oi' si i.oi is. 3gl l)V this ("hiirlcr for ollici- s|n'ii;il tax liills. Utv iluiiij; |iiil>lic wofk : proridril. I hill the special tax liills lor inaiiilaiiiiii>;. n-|iairi[i^. cleaning and spriiik- liii-,' shall Ik' h'viod and asscssfd annually. All such special tax liills shall Im- iirimn fucif cvidcnci' of the lialiilitv of the proixM-tv char};i'd therewith Id the extent and aiuoiint therein specitier liorderiiii; tiiereoii, for daiiiafies occasioned liN the estalilishnieiil of a liiiildin^ line on such lionlevard. and liy liiiiitin^r llie use to which such property nia\ lie put liy tiie owners thereof. .S.-f IHit*' lU'tOW. Discoiil iiiiiiiiK-r of lioiilrv iirds 'I'lic .Munici|iai Assi-mldy may at ;iu\ time repeal an_\ ordinance eslalilisiiiiiL; or openiuit a lionlevard. |) I 1 t. Till- l"i>»\iT iif Kiiilui-ni lioiiir.ln nui»t lie exercised strictly In accordance w-lth tile oiKioiii' piiivlKioii.t. anil cmt.v Jurisdictional fact must appear affirmatively upon til*' face of the record: See authorities cited in note to see. 2 of this article The nntnrr of Ihr pnieerillniE to open or widen a street and the effect thereof was discuss. a In Kyssell vs. .St. IjmiIs. IfiS Mo. 807. and recently in the case of lirlnekwlrth vs. St. I."iuis (decided by the Supreme Court May 29. 1907. and not as yet ri'iiortedi wlilcii expressly overriiletl the said Kysseli ca.se. See also Infra note to see. 2.'. of Art. VI. The proi'eedInK when consiiininated is a Judfcment. having the same incidents as oihi'r JiKlKments: hence II was at tlrst held that the heneflts assessed a>;ainst the property, evidenced by tax hills, may he recover<-tl at any time within ten years, and no matters are reviewable which have not been preserved by excen- tlon.s. and no new defenses can be made aKainst the collection of the tax hills that were avaliablt* in the tlrst proceedinic: but that rullnf? was overruled In part, and It Is now lield that suit can only be broiiKht on a special tax hill duly Issued In accordance wlili tli.- li-kriil renulr.iii.ni^ .■>•.■ authorities cited In note tn sec. 2 of this artlcl' Rlrmtlanii of allryii anil airreiia — < li> l)lreeirl\. i me i ihe charter prior to amendments of I!mm it was liehl that sec. 1 nf this article did not r«*i|titre the • b'vadioi •■< iin „/^i t.. 1... ii^.ii i.v th. .ss,.i>ibly, but that the street commis- 382 ('HARTHR (>F THK CITV OF ST. I.OinS. [ ART. VI. Sec. 1. sion*-!* could do that as a mini.st**rial mattor: Weber vs. Johnson. 37 Mo. App. CtH. See the ]) resent provision in sec. 17 of this article as well as this section. In St. Louis elevations are determined by a point called the city directrix. See interesting discussion as to origin and location in note in McQuillin's (unofficial) "Work "Amend. (^hart<-r," p. ^o:; and in Mun. fofl.-, ]^, I'^l Il4»t« I'lir ^\ far iiiin- iNti>riiil. The city acts in two capacities: first, governmental: second, ministerial. Whfii it dechires by ordinance that land embraced within certain lines is a public street, then, wljen the city obtains tlie title or easement either by gift or condemnation, it becomes a public street. But it is not then necessarily opened t(> the public for use. If after that an ordinance provides for the im- provement of the street so as to render it fit for use. even then it is not. by tlie mere passing of the ordinance, opened for use. So far the city acts in its governmental and legislative capacity. The whole street need not be in- cluded in the improvement, but so much and such parts as the legislative body in its discretion tiiinks proper. Nor is the city liable to an individual for neglect of duty in such cai)acity. But. after the improvement ordinance is passed, the city undertakes the work of construction as in the ordinance required, its acts are ministerial and for neglect in the same, or keeping the same thereafter in repair, the city is liable: Kly vs. St. Louis. 181 Mo. 723; .Ruppenthal vs. St. Louis. 190 Mo. 21.1. See also Hannibal vs. Campbell. S6 Fed. (C. C. A.) 297, In how far the municipal assembly is subject to review for fraud in the passage . W'lint In :i Ntreef, liicrli^vaiy ur Niilewailk, :iii4l wlmt iiieliiileil: A street, in the legal acceptati'>n. inchuU-s the portion pro\ ided for passage of vehicles, and also tht- sidewalk provided foi- j^edestrians; Si'ibe-rt vs. Riiilroiid. 1 SS Mo. ^^'^~ . 671 ; Straub v.«. St. Louis. 17.'. Mo. 41;;: Knapp. Stout &: Co. v.«. Ky.. 126 Mo. 2fi. 3r». But it is sometimi's used in a mor*- restricted sense so as to include only the roadway: Knapp. Stout vs. Ry.. 126 Mo. 26. 2^^. Where the entire space from curb to lot line is set aside for a sidewalk, that portion thereof set apart for a grass-plot constitutes part of the sidewalk which the iit\' must keep in safe condition: Coffey* vs. Carthage. L^n Mo. ri73. The word "street" usually means a public street, not jirivate ways though the public be permitted to use the sRme: Collier Est. vs. Paving Co., ISO Mo. 362. 3K8. See also Restetsky vs. Rnilroad. 106 Mo. App. 3S2, 3SS. See also l^ev. Code. sec. isnr,. A municipal free bridge across the Mississippi River fnun St. Louis to the Illinois side is as much a highway as any other liighway, and is for a muni- cipal purpose; and it seenis that" congress may grant power to the city, and has done so. to condemn property" therefor situated in the other State: Haeussler vs. St. Louis, decided .Tuly 2. 1907 (Sup. Ct, Mo. in l)anc. not as yet reported). l>iNtineti«ii between NtreetN iinil sille^N: 1 >i'ies \s. St. .Inseph. 98 Mo. App. fill: Corby vs. Railroad. 150 Mo. 4 57. 46S (pointing out the functions of alleys) ; St. Louis vs. Lane. 110 Mo. 1. c. 2n.S (pointing out the reason of the difference in benefit districts although the specific pi-ovision in ilu- i-harter as there con- strued has been amended). I'rtiperty o*vuerM nliuttluK ou ii Mtreet have in addition to the general use of tlie street common to the public, certain special rights peculiar to themselves, amongst which is the riglit of ingress and egr<^'ss. This gives them a special right, not shared by the public, when such ingress and egress is interfered witb to damages or other redress: See cases in note to what uses a street may be used for. Art. Ill, sec. 26. clause 2: also ca.^ses cited under same note on "vacating streets": and see note to "nuisances" in Rev. Code, Chaj). II. Art. 12 (preceding sec. 584). See further Downing vs. Corcoran. 112 Mo. App. 645. 649: l)e Geofray vs. Merch. Bridge. 179 Mo. 698; Ruckert vs. C.rand Ave. Ry.. 163 Mo. 1. c. 278: Dries vs. St. Joseph. 9S Mo. App. 611. 614; Corby vs. Railroad. 150 Mo. 457; Sch«pp vs. St. l^uis. 117 Mo. 131; Stephenson vs. Ry.. 68 Mo. App. 642: Thomas vs. Hunt. 134 Mo. I. c. 398. o^\ iit-rMliip of fee: Wlien lots abutting on a highway or platted street are sold, the purchaser takes title to the centre of the street, if the grantor owned that AHT VI. See. 1.) CHARTKR OK TIIK CITV OF ST 1X)ITIS. 383 far. uiilo»x a rotitraiy inltntlun apiuarx from tin- lU'i'il: Ki'Ht>'t8ky vs. Rallroiid, 1116 Mo. App. 3K2. 3S7: Oraiit vm. Monn. 1 2S Mo. ^:^; Snoilily va. Bolan, i2Z Mo. 47!) (a It'udInK raai- in tlil.o Stiiti). In MlKMuuri tin- almttinK ownvr prv.siiinptlvi'ly own.s the fi'i' to the t'entrc of the Htrt-t't. .Hiiliject only to thf t-asiMiicnt of thf pviblic: for all othor purpoaoH, not !n- conaKsti-nt tln'r»'wltli tlif owniT luia tin- full rlKht.t: I'n. Kl. Co. vs. Ry.. 13.") Mo. 3S3. 3B6. Thomus vs. Hunt. 134 Mo. 392. 399. 401. Sn(Ml9 1. <•. fin4. A valid statutory dediration hy plat. iti'.. operates to vest the fee in tlie city for publii' purposes and dispenses with the net-essily of an aecei>tnni'e by the pul»lic. ami the dedieator «'annot thereafter rhanRe the houn^laries. etc. Rrown va. CarthuKe. 12S Mo. 10. 1. e. 17 and <'ases eited (lioldlnK tiuit it made no differ- ence that there was n reservation of "trees and rocks" on the surface). But such fee In the city la only for public purposes, and it is not meant by the statute to vest in the city a rif^lit to dispose of It by deed, but only the con- trol of the street, for the use iif the public: subject to the public easement the i.wner a lie Kiilnbll>liril: A public highway may be acquired over property of a private Individual by. first a Brant or ileed ; srcuHd, a dedication by plat or deed: third, by acts m pais which amount In law to a dedication: Rail- way vs. Railway. 190 Mo. 246. 253 and cases cited. Kor establlsiiment of hijjhwa.v by condemnation, see note to not section of this nrtlole. .\ street railway may. by its acts m pats, dedicate f»ir street purposes a private rlKht of way over which It is operating, and the city's a»*ceptance may be estab- lished by its acts, and thereafter It may authorize another street railway company to operate thereover: Railway vs. Railway. 190 Mo. 246. ConiBion l.aiv Dedication Is effected where the owner has done an act which clearly indicates his intention to dedicate the street, and the city does an act clearly Indicating its purpose t«t accept: in such case it is not necessary to show iiaer. and limitation has nothing to do with the city's title: McGrath vs. Nevada, ISS Mo. 102. Th»"re <*an be no d«'dication wilhoiil an intention so to do: permissive use to the public by the owner, by permission to drive or walk over the private way consti- tutes no dedication, no matter how lonR continued: Collier ICst. vs. Pavins Co., ISO Mo. 362. 388. Hut where an owner liolda out land as a street and sells lots according to the plat he Is estoppi-d from denying that it is as hi- held out: McGinnis vs. St. l.,ouls. 1.17 Mo. 191. and cases cited; see also lx>ncworth vs. Sederlc. 165 Mo. 221. 230 iirdli'iiiloti li.\ rial, ell..: Mere purported dedication to public use does not make a publii- street; there must be an acceptance in some manner by the city, such as IMibllc user for that purpose, though a formal acceptance is not necessary. Until puttlic. and the dedicator cannot th«-reafter change the boundaries, etc.: Brown su»-h acceptance tliere is no street. Skrainka vs. t>ertel. 14 Mo. App. 474. 480; St. Uoiils vs. University. S8 Mo. ID5, 158 (holding that there could be no acceptance of a dedication for a street outside the city limits); Milling Co. vs. Riley. 133 Mo. I. c. 584. Mer*' user by the public will not establish a street; and an approval of a plat, by the municipal authorities, of a proposed addition, tiled in conformity with the statute, only goes to show that the same conforms to the general plan of the city, and la not an acceptance by the city of the proposed dedicated land as a street; Downond va. Kansas City. 156 Mo. 60, 67. (For ordinance on how plats of sub- divisions to be submitted to B. P. I. see this section and also R. C. Sec. 1917.) But whether acceptance need be shown In case of statutory dedlratlon or street by prescription, see Melners va. St. Ix>ula, 130 Mo. 274, and cases there cited. And an acceptance by the city may be Implied from any act tending to recognize It, though there be no ordinance of acceptanci-; Buschmann vs. St. Ixiuis, 121 Mo. 523; Helt» va. St. Loula. 110 Mo. «J8: Milling Co. vs. Riley. 133 Mo. I. c. 585; Melners va. St. L,oula, 130 Mo. 274. 3S4 CHAiiTKU <>i- rid-: riTv of st. r.oi^is. f art. vi, see. i. As to what constitutt's ji statutory dedication, see Brown vs. Carthage, 128 Mo. 10 (containing reservation): Buschmann vs. St. Louis, 121 Mo. r»2.t and cases cited. Heitz vs. St. Louis. 110 Mo. 61S: Milling Co. vs. Reiley. 133 Mo. 574 (holding also that no one but the owner can make either statutory or common law dedication). Conveyance does not affect one not joining who holds a deed of trust on _the land: McShane vs. Moberly. 79 Mo. 41. A defective statutory dedication by acceptance and user may become a good common law dedication: Heitz vs. St. Louis, supra, and cases therein cited; Milling Co. vs. Reiley supra; Longwortli vs. Sedevic. 1fir» Mo. 221. 'I'M). As to whether the fee goes in the city or rt-niains in tht- owtwr of abutting property, see s/ifiya this note. Title in the city may be acquired by prescription, without dedication, by long use and acquiescence by the ()wner: See Meincrs vs. St. Louis. 130 Mo. 1. c. 284; State vs. Walters. 69 Mo. 463: State vs. Proctor. itO Mo. 334; Baumann vs. Boeckler, 119 Mo. 189. Common law d«'dicati«>MN«'.MNl4»n.^Sinc<^' the statute of 1865 (Rev. St. !s;t|l. Sec. 42701 no pi-rson can acquin- titb- b>- adverse possession to any part of a public street: St. Louis vs. R.v. 114 Mo. I'.i. 24; Columbia vs. Bright, 179 Mo. 441: Wright vs. Donovan. 1G9 Mo. 601 (where the land had been taxed to such claimant a.gainst the city*: State ex rel. vs. Vandalia. 119 Mo. App. 406. 423. But prior to that tiun- it was otherwise: Crigler vs. Mexico. 101 Mo. App. 624. And tlu^ city may Mciuii-e titb' bv adverse i)ossession: Mitchell vs. Railroad. 116 Mo. 81. 8S (alley): Baumann vs. Boeckh-r. 119 Mo. 1S9: Stat. -'vs. Walters. 69 Mn. 463; Longvvorth vs. Sed^-vic. lll.'i Mo. 221. 2:iO-231. <'ondl4i(»iial Convej iiiiee** ti> riihlU- I mv. — H. \\ 1. has authority to npi)rove maps or plats of subtli \isioii.s 'u'liii-ii /////v ib-dica ti-'* streets, etc, A valid statutory dedication by plat. cte.. vests tin- fee in tlie city, notwith- standing a reservation of "tiees and rocks" on the surface, etc.: Prown vs. . App. 91; Kemper vs. Collins. 97 Mo. 644; Clark vs. Brookfield. SI Mo. 5(t3; St. Louis vs. Cruikshank. 16 Mo. App. 495. A provision in a dedication that the property on streets to be opened shall not be subject to special taxation. Is void; the city, cannot make any such agreement Vrana vs. St. Louis. 164 Mo. M6. Where persons convey land to a munic-ipality by ordinary deed for a pecuniarj' consideration without reservati(»n of the use to which it is to be put. they will not be heard to contend that the property was intended to be used only for street purposes: Pickett vs. Mercer. 106 Mo. App. 689. Win-re an easement is created the title remains in the grantor and is freed from the easement on its abandonment, and if the title is ronveyed on condition. reverts when the condition fails; but land dedi<'ated to a particular use without reservation of right of re-entr.v on the diversion or abandonment of the use. may be used for any other purpose without re-investing the grantor's title; relief to compel the execution of the trust should be sought: Hand vs. St. Louis, 15S Mo. 204. <-iting and (Uslinguishing n u me reus city cases. Proprietors dedicating land to i>ublic use remain for all other purposes the owners, and the city cannot divert the property to a private use in violation of the trust: Cummings vs. St. I-ouis. 90 Mo. 259. Nor whi'n dedicated for om^ public use can it be diverted to another: Belcher Co. vs. St. L. C Co. S2 Mi>. 121:s. <\ PM M... 190. *RT. Vl.Sec. 2.1 CHARTKFt Ol'" TIIK CITY OK ST l.Ol'IS. ;(H5 iMnd oonve.Vfd to be used us n inarkul plneo and so Iouk as sd used, and whTt It ceased to be so used to revert to donor, the donee (city) to reoonvey. Is held l«y the city not as determinable fee, but on condition subsetiuent. iind thoutrh con- illtlon broken, estate Is not defeated before entry by donor: .\duni.s vs. L,lndell. 72 Mo. 19S. afllrmlns s. c. S Mo. App. 197. But where the covenant Is that th« land shall revert and grantee roconvey when the city ceases to use same for market, an abandonment Klves a right of re-entry, the grantor ntalnlng the fe«; Maker v.s. St. IajuIs. 75 Mo. 671. affirming s. c. 7 Mo. App. 42'.'. A dedication on condition that adjacent owners likewise dedicate is not con- summated until such condition Is compiled with: St. I,onls vs. Meier. f7 Mo. i:!. 18-19. lioule\iirtlNi .\n ordinance provltling that all houses fronting on a certain stri-et shall be usetl for residences only, and no business av<>4-atlon shall be allitwrd therein, is void as an Invasion of personal rights; St. l.,ouls vs. l>orr. 145 Mo. ■166. 472. 4S5; and an act of the legislature providing for establishing a building line by the city to which all buildings must confouls vs. Hill, ill! Mo. 527. A distinction Is made under the charter In the method of paying for repairing, <*tc.. between streets and boulevards, etc.: See Sec. IS of this artlcbv (■(lMl|;.\l NA Tlll.V n;(H KKIil.VlJS, Soc. ■_', Form of IVtitum — CoiiiniissioiuM's to assess daniavrcs — partU's n;iiiit)ly sh.-ill pruvidr, hy (ir iliiiainf. lor cshililisliiii-i. ii|ifiiiiio;. \\ idfiiiiif; or allcriiij; iiii.\ strci't. incline. allt'\. whjirl'. iiiarkcl |il:irc or |ml)lic stinarc. or loiilc lor a stnvcr. waltT roiirsf or water pipe, or lor other piiiilic ilii|iroveiiielils. on recoiiiiiieiulatioii ol tlie Hoard ol' I'lihlic 1 iiiproveiiieiits. and it lu'coiiies necessary lor tluil purpose to a]ipro|)riate jirivate property, the City Comiselor, in the name ol ihe City of St. Louis, sliall apjdy to tiie Circnit Coiirl of tlie I^i<;htli Jii dieial ('irciiii, oi- lo any one of tlie jiidoes in \:i(ati(iii. Ii\ petition seltine; lorlli the oeiieial nature of liie iinproveinelit inoposed lo lie made, tlie names of the owners of the several lots or jiarcels of land, if Uiiowii. or it unknown, a correei desf the piiritoses aforesaid, to which petition the owners nf such lots t>r ]iarcels of land emiiraced in Ihe |iroposen« Mo (98 and other cases cited In note lo Art III. Sec, 26. paragraph .' ,386 CHARTER OF THE CITY OF ST. LOUIS. [ART. VI, Sec. 2. Riglit to Cuiiflfiiin. — "The Charter provisions of St. Louis and Kansas City as to condemnation proceedings liave been so often before this court, and have never been held to be out of harmony with the constitution and laws, that a declaration at this late date that said cities were without such a power, and that these charter provisions were ultra vires, would invite a flood of litigation We think it was properly ruled that the special charter superseded the general stat- utes where the two conflicted as to a mere municipal regulation, and "we holfl that condemnation proceedings to acquire lands for streets, parks, waterworks, sewers and the like, clearly fall within municipal regulations. It follows that notwithstanding the ch.arler did not follow the civil practice as prescribed in the code of practice . . . the special provisions must control:" Kansas City vs. Oil Co., 140 Mo. 1. c. 472. The City of St. Louis had the right to provide, under the laws passed by Con- gress, by this State, by the Charter, and by its own ordinances for the free bridge across the Mississippi river from St. Louis to the Illinois side, and it seems it has the right to condemn property therefor, not only in the city, but in the State of Illinois, without the consent of the latter: Graves, J., in Haeussler vs. St. Louis, (July 2. 1907, not yet reported, following Luxton vs. North River Bridge Co., 153 U. S. 525). Judge Lamm concurring in this proposition, Gantt expressing no opin- ion. Burgess not sitting, Valliant and Fox dissenting. The framers of the Scheme and Charter had power to confer jurisdiction in street opening proceedings upon the Circuit Court: St. Louis vs. Greeley, 14 Mo. App. 578 (memo, opin.) St. Louis vs. Gleason, 15 Mo. App. 25 (reversed on another point, but approved in tliis: 93 Mo. 33; s. c. S9 Mo. 67). See also St. Louis vs. Ranken. 96 Mo. I. c. 504. Street openings bejsriin under the old Charter after Nov. 22. 1876, and before March 5, 1877. when it became known that the new Scheme had been adopted, were valid under the de facio principle: St. Louis vs. Stoddard, 15 Mo. App. 173; Adams vs. Lindell. 72 Mo. 198. See on this point introductory note to Art. III. sec. 26. Ill i»r.•( this article.) Illitf llli-tiiitl llrl\\ *-eli i Ilk I flu I'rolKTt .% a till \i|hhIiik lli*ll*'llte:ilN; liit-i.siCetioii «iii \|»pejil, lOlc.: See note to s^-c. 10 of this article. Sfc. :i. Notire to «k'tVii(Iaiits — j»r«K*t'ss to l»e served by City Marshal— notice by piiblicatoii. I'(iun the tiliiio of tlic pclitiou, a snimiKins sliull he issiifd. ojvino s\u\\ (icri-iKhinls at least U*ii days' notice of tlie time when said petition will he heard, which siiiiiiiu)ns siiall he served hy tlie .Marslial — wiio siiail, lor such pni-pose, he v.v-officio au oll'icer of I he Cii-ciiit ("imrt — in the name and manner as wi-its of summons are, or may he, iiy law re(|uired to lie served, if tiie name or residence of the owner l)e unlciiown. or if liu' ownei's, or any of them, (h) not reside within tlie State, notice of tlie time of the liearino tlie petition, i-ecitiiio the substance of the pel il ion. and the day tixed tor I he heariiiji thereof, shall be o;iven by publi- cation r,sfi, line who is witliinthe benefit district and liencx- as.sessable fur benelits to become a lien on his jiroperty, but whose property is not taken tor public use. need not be made a party to the original summons; he has his notice and hearing at a later stage of the proceedings: St. Louis vs. Ranken. 96 Mo. 497. .SO.'i, fi sea-. Ruddecke vs. Ziegenhein. 122 Mo. 239. 243. And the fact that such notice Is by publication "does not militate against the validity of the assessment:" per Mar- shall. J., in Eyssell vs. St. Louis. 168 Mo. loc. cit. 616. and cases cited there. But if the notice is insufficient to identify the district or property to be benefited (as where there are two alleys to be opened in one block, and the notice refers to an alley), the property owner is not bound: .St. Louis vs. Brinckwirth. decided May 29, 1907. by the Supreme Court (not at this writing reported). That the same summons is not required, re.sults from the difference between the power of emi- nent domain exercised in the taking of property for the public purpose of open- ing the street and the taxing power exercised in assessing the special benefits resulting therefrom: See note to preceding section. St'c. 4. Court shall a|>|»oiiit thret' frec'holders as Coiiiinis- sioners,to assess dainajj^es; «iualifi<';d ions — majority may act and report. — The court, or a juilo-c- thereof, in vacation, on l)eino- satislicd thai (hie notice of (he pendiiiji of the jielilion has been ijiven. shall a]i|ioint ihree disinleresled commissioners, freeholders of ]ir()|ieily in said city, and residcnls of llie city for li\e \ears next precedino- their a])poinlinenl. to as.sess Ihe damaf;es which llie owners of the land may sevei-ally sustain by reason of such ap]iroprial ion. I'roriihd . hrurircr. that a majorilN of said commissioners shall lia\c lull jiowcr .iiid .■nilhorily lo acl and iiiakc a icpor-t. .\iiieiidiiiciit adopted al election of 0<-t. 22, l:ioi. under ordinance 20444. Sec. .'». Dnly of Commissioners as lo dnlv of Ihe commissioners lo ascertain Ihe AHT. VI. Sec. 5.1 l-||.\KTIOI{ OK •I'lll-; IMTV of this artiele It was at one time lieUl that the faet tliat .«ei-. ."> provides that the assessment shall be a Men. did not show that it contemplated any special tax-bill at all or any subseiiuent .lult; and the riKht to recover the amount was held not barreil in live year.s, but In ten. as any other JiidRnient, and tli<> lien of that Judprnient ex- pires In three years, lll' separately assessed and not adjusted by deduction from the sum allowed the landlord: S(, I>ouls vs, Abeln, 17ft Mo, 318, 326, It waa held thot (under the act of 1S7.^, p, ,119) where the commissioners report that the improvement standing on the property should remain until removed, and It appears that no allowance fi>r sui-h Improvement was made. b.s wa.s required If It was Included, the city nciiiiired the right only to the land and not the build- ing thereon: St. I»uis vs. Ins. Co.. 90 Mo. IS.'i (this building still remaln.s as an ■ ibstnictlon on west side of JefTeriion and Morgan streets). Where the damages aMMesH«>d are Just and reasonable, that they exceed the value of thi- property Is not fatal: St. Ixiuls vs. Frank. '.< Mo. App. ,179 (memo. opin.). other cases on i|iiestlons of damages, see 77 Mo. i:i; 112 Mo. 361: 139 Mo. 31,"i: 197 Mo. 392: r.is Mo. 69S: 77 Mo. 13: 124 Mo. 129. s» Mo. 646. And see remarks ,i..l ,„....- ,11.. I In Martin vs. St Ixiuis. 139 Mo. loc. clt. 25S. iii.ni.tii«: \ '-ondltional dethcallon where the condition ))as not been complied \^ii;i I'- *•' no efTecl; and the owners of land cannot aMiliI assessment of benefits 390 CHARTER OF THE CITY OF ST. I.OUIS. t ART. VI. Sec. 6-7. by consenting to an opening through their land.s on condition that no benefits be assessed and an acceptance by the commissioners of such offer is illegal, as tending to render the benefits assessed against others unequal: St. Louis vs. Meier, 77 Mo. 13. Benefits cannot be assessed in gross upon several contiguous lots and recovery cannot be had upon a tax-bill issued upon such an assessment: St. Louis vs. Provenchere. 92 Mo. 66. citing and approving several cases from the Court of Appeals so holding. One whose land is not taken for public use. but who is within the benefit district, so that a lien for benefits assessed may be charged thereon, need not be included as one of the original defendants summoned: with respect to the question of benefits he has notice and an opportunity to appear and be heard in the method pointed out by Charter and ordinance (now sees. S7S et seq. of R. C, requiring notice also by publication): St. Louis vs. Ranken. 96 Mo. 497; Buddecke vs. Ziegenhein, 122 Mo. 239, 243 (both holding that a special tax-bill for benefits could not be attacked on that ground): and the fact that only notice by publica- tion is given does not militate against the validity of the assessment: Eyssell vs. St. Louis. 16S Mo. loc. cit. 616 and cases cited. But if the notice is not suf- ficient to identify the property to be affected or the benefit district (as where there are two alleys in one block and the notice does not designate which of the two are to be considered at the sitting of the commissioners), the owner is not bound by the notice or proceeding: St. Louis vs. Brinckwirth (Sup. Ct. May 29. 1907, not nt this writing reported). Under the former law the rule was different and notice and summons was re- quired in the same manner as those whose lands were condemned: State ex rel. vs. St. Louis. 67 Mo. 113. Assessment of benefits against the property of one wliose property is within a benefit district but no part of whose land is taken for such street, is a legitimate exercise of the taxing power: St. Louis vs. Speck, 67 Mo. 403. Dniiiaiu;es iiud I]onol1t» Under Former Supersede*! Charters: See Shafner vs. St. Louis. 31 Mo. 2(54; McKee vs. St. Louis, 17 Mo. 184; Garrett vs. St. Louis. 25 Mo. 505. Grading and I'lianj^in^' ach inxceiitions. or within ten days ;!ftei- the ex])iration (if llic time gi\-eli said cit\- to icpurt I he same to the Assembly as hereinaflcr pro\ided. On Kxerptions Ut tlie Keporl, the latter is presumptively correct: the proceeding to review is not entin^ly df novo and, while the court must hear evidence as to AKT \I. Sec. 8.1 ni.VKTKl; Ol" TIIK CITY DT .ST. LOITI.S. 391 the corrcotnras of tlu' vuliiiitlon of tho coiiiinlsaioncrs, the lattor will not be illstiirbfd iinU'.ss clcnrly shown to tic lnnUor|iiate or oxi-osslvc: St. Loulii vh. AlM'In. 170 Mo. 31S. and rases referred to In the opinion. And a lorliori the Supreme Court will not disturb the Undines of fact by the . Iroult court In afrirmlnK the report: St. Louis vs. Wetzel. 110 Mo. 2G0, 2S4-265. On exception tho commissioners an- competent witnesses: St. I./Ouls vs. Aheln. ITO Mo. 31 S. The owner against whom benefits are assessed may except to the report on the ground that the oTillnance upon which the proceeding Is founded Is void: St. Louis V8. Crulkshnnk. IG Mo. App. 495. Kxceptlons may be tiled by leave of the court after ten days. If good cause Is shown, and by contesting such exceptions the city waives tho Irregularity after an adverse ruling: St. Louis vs. Weber, HO Mo. 515. 51!1. But probably. If Improperly llled out of time, such exceptions, as In other cases, may be stricken out: Sec St. Louis vs. Lang, 131 Mo, 1. c. 121. Mudlllciitlun of llriMirfi The court may modify the report under this section by cutting down the benefit assessed and adding the amount to that assessed against the city, anil this Is not a violation of the landowner's right to have damages as- sessed by a Jury or commission of freeholders: St. Louis vs. Lawton, 189 Mo. 474. The court may cut down or modify as to some or all. the assessment of benefits: but not as to the damages: and the action of the court with respect to the assessments of benefits in ordering a new appraisement or not is largely discretionary, and the appel'ate courts will only sot same aside in case of abuse: .St. Louis vs. Buss, 159 Mo, i: St. Louis vs. Lawton, supra, Juryi Since the Constitution of 1S75 an Incorporated company, (such as a rall- ritad company) Interested either for or against the exercise of the riglit of emi- nent domain (but not private citizens nor municipal corporations) may demand a jury to try the cause: St. Louis vs. Roe, 184 Mo. 324, distinguishing Kansas •"•ity vs. Smart. 128 Mo. 272, and other cases. With respect to awarding damages as compensation for property taken In con- demnation for street purposi-s, the owner under the constitution is entitled to have same determined by a Jury or board of not less tlian three freeholders, as may be prescribed: but witli respect to assessment of special benefits to the owner's lots resulting from the street opening, the constitutional provision does not apply, but the Charter provides that they be ascertained by tlie commission- ers, subject to the power of the court to review their appraisement and modify same; and such modification is not an impairment of the right to a Jury: St. Ix>uls vs. Buss, 159 Mo. 9, 13. The proper amount of compensation for private property taken for a public use cannot be fixed by the legislature. What Is Just compensation must li.> deter- mined by a Jury or appraisers: Co. Ct. vs. Griswold, 58 Mo. 175. 19:< Sec. S. Cost of proc«MMlinj;.s — ('oniiiiissioiifi's oju-li allowed >!>I{ a (lay. — The cosi nl' ihc iirmccdiiijis. up lo :iii(l iiiclniliii^ llic liliii',' of ilic fi'jiort of llic riiininissiiincrs. sli.-ill l>c piiid li.v Ilic cily. iiiiil :is to aiiv ro.Ht.s I'iMiscil Ity siilisi>i|n(>iil liti<.;!itioii. llic c-osi .sli:ill lie paid liy the los in*; party. 'I'lie roniniissioncrs shall each lie allowed three didlar.s a day in full coiiipiMisaliun for i heir services. Amendment adopted at charter election on Oct. 22. 1901 (submitted under ordi- nance 20414). Kor ordinance provision see Rev. Code. sec. 882. and note thereto. Before the .imendment. when the provision was that there should be a "rea-sonable com- pensntlon" It was held that an ordinance fixing a definite sum of three dollars per day, was void, the compensation being reijulred to be ascertained by the court: Oreen vs. St. Louis. 106 Mo. 454. Payment of costs to filing of report does not Include ottornoys' fees, expert witnesses, developing character of deposit on lands, etc.. but only the orillnary f.'.-s: St. I^iuls vs. Melntz. 107 Mo. 611. And see further on this point the r-'i-.Mt c,a9i-s cited In the next section, discussing what ore costs where the proe.'edlng Is dismissed by the city, etc. 39^! CHAKTKR OF THE CITY OF ST. LOUIS. lART. VI. Sec. 910. Sec. !). KcjMU't of Coiimiissioners Ut be sulniiitte«l U> Assem- bly — report stands appi'ovi'd if no aetioii taken within time lim- ited —on ort, Court shall set aside same and or«ler new assessment — witlulrawal of pr<)ceeiling;s by City, coii- (iitloils. — L'poii the report of said C'oiiuiiissioiier.s Ijeiiig filed iu the Circuit Court, or with the Clerk thereof, the Court .-ihall i»ort«'d tropriation to pay tlam- ajres — failure to ap|>r<»priate ti> oi>erate as a bar for ten years. — Wlieii the ri'port of the Coiiimissiouers shall have been ai)]))'oved, or final action taken thereon by the Court, the Clerk of the Circuit Court shall make a certified copy of the report, and the final action of tlie Court thereon, and deliver the AUT VI. Sec. II. I f'H.VHTHK OF Till-: rlTY OK ST LOflS 393 uAuu- Id llic ('ily ( 'oiiipli'dllci'. who slmll lorlliwilli rccdid llic sumo in a book. lo lie |ii-(ivi Coiiiii M'ollcr. as soon as tlit' saiiie is rcconlcil. lo rnriiisli a ropv llici't'oi' in llic .VssciiiIiIn . and llii' Asscinlily sliall. al its lirst session lluTcallcr, make an a[(|iro|irialion lor tlic |ia.\nicnl. onl of llic cil.v (i-casiiry, oT all (laiiiaf;<'s as- sessed in favor of llic owners of |iro|icrly apiiroin-iated. and llii' <'ily Trcas- nivr shall eanse the same lo lie paid lo the parlies cntilled Ihci-eto, re '••^ ' ^ I I *poi-tivcly, or into court for llieir use. as provided hv ordinance. Any fail ire of tlic Assenilily. within the time above stated, lo make such appropri ation, shall operate as a dismissal of such iiroceediii}:s, and no futui'e action for such condeiiinal ion shall he comiiienced for a |icii(id it( Icii years. exci'|il as liercinliefnre jirovidcd in case of a dismissal liy the cil\. < ••iii'Iiih|\i'iiixn <>r ilii' proi'i'i'ilinKH l.s the .'iami' ii.s In ciusf of any other JuilB- in.nt .\» lo (In- ftteit th.Ti-of and what may not lie retried In the proceedlnK t«» enforee a tax bill for In-netlts a.'isessed .see authorities In note to see. 2. of this :irtlile. \|i|M-nl: I'ntll the eourt aet.s llnally upon tin- report of the i nninilssloners no appeal can be taken: St. Louis vs. Thomas. 10(1 Mo. 22.1; see also IfiS Mo. I. o. 6l.i. A.s to what Is a llnal Judgment In street openInK ca.se so as to authorize appeal, see State e.x rol. vs. Klein. HO Mo. .■>02; Martin vs. St. Lonls. 133 Mo. I. e. 2fil. See also St. Louis vs. Nelson. H!9 Mo. 461. Appeal after Interplea by eontendluK ilalnmnts: See next sietlon of this .irtlele. ('«Mii|>eDMiiilua for damages cannot he claimed \intll llnal action approvln^jf the report: Wliyte vs. Kansas City. 22 Mo. .\pp. 409; and even thereafter a refusal of the municipal assembly to appropriate the money to pay the damages, oper- ates as u refusal by the elty to take the property: and such appropriation must be by ordinance, .subject to veto by the Mayor: Silvester vs. St. I^ouls. li;4 Mo. 601. JurlHdIetlon ou apiieiil In t-itndemnatlon proceedings Is In the Supri-me Court, as title to realty Is Involveil. whatever may be the amount of damages awarded: Kansas City vs. Kallroail. 1ST Mk. 116. I'.l. and cases cited; Tarkio vs. Clark. 1.S6 Mo. 2S5. 294. But action on special tax bill against propt-rty does not involve title so as to confer Jurisdiction on Supreme Court; Ross vs. Gates. 1 S3 Mo. .'138. See also State ex rel. vs. Smith. 17" Mo. 69. I'nless a constitutional question is raised: Curtice vs Srtiml.1t, 1"! S \V 61. 61 (M.'ir.li. t!>n7) f..IIi.\vlnt,' lu-i.ir cas.-.s. S.<'. 11 < il\ iiiiiy (Icdiict iH'iiflits troin (l:iiiia^«'s, :iii«l uliall pay rxcrss, or lirposit in Court iiil«'r«'s( (lisallo\v4Mi, when — wlH-n litlc of pi-o|M'i-(v in dispute, damages pai«l into <\>urt — iniproM'UH'nts may |M'o<-«-4Mi. In all r-.-i.-^.s aiisinir undir this jirtic'lc. the city may deduct tin- hcnctits assessed ajrainst pro])crty owned liy any ^person, or liis assiijns. from tiic dama<;i-s aHowed lo such I ersiiii. or his assi;;ns. for the taking or daiiiaoinjr ,if jmv property owned l>y him or iiis assi;;ns, and shall jiay to him or his assigns, or inio Ihe (■oiirt for his or tlieir lieiielit. or riM-over from him or iliciii ilie dilVeivnce be- tween the (hiiiia<;(*s and the beiietits. as tlie case ma,\ be. and in no ca.se siiall the eity be liable for interest on any award for daiiia;:es after the same or the e.xei'ss of the damages over the beiietits shall have been jiaiil into conn as aforesaid: itrnriilrd. hmirrrr. that if the ownership of |>roperIy con deiiiiied JK' in controversx . the anioiinl of Ilie daiiia<;e as.sessed for said pro|ierl.\. less Ilie beiielils deducted as aforesaid, shall be paid into the court for the u.se of tlie succe.ssfiil claimaiil of the property; and provided, runher. iliat after such |iaytnenl to such parl\ or parlies, or into court for tkeir iM'netil. llie city may lake pos.session of lli(> prop<-rty condemned :iiid thi- improvement may Ik' proii-edcd with. This Is iil.so an anir-nihiM-iil ji- .id.ipii-.l at the I'harter el.-, ti in Oct. 3S. 1901. 3£>} CHARTER OF THE CITY OF ST. LOUIS. [ART. VI. See. 12-14. I*:i.viiii>iit iiit<» court iiikI iiiterfNt — appeal aftei- interplea by different claimants: St. Louis vs. Nelson. lOS Mo. App. 210. By Session Laws 1907. p. IIS. it was provided that in cities of over 100,000 the city could pay into court the money awarded as damages and take possession of the property and proceed with the improvement contemplated. If the ownership of the property is in dispute and the city wishes to avoid pay- ment of interest the money should be paid into court. Otherwise the city is re- quired to pay lawful interest for the time subsequent to the ascertainment of the value of the land taken; interest is allowable as in case of any other judgment, and not from the time the city takes posse-ssion: Martin vs. St. Louis. 139 Mo. 246, 261, with discussion by the court. Where the ownership of the funds awarded in condemnation is in controversy the city iias a right to pay same into court; and when the city is sued for the amount it may file an answer in the nature of interpleader and one claiming to be the owner may enter voluntary appearance and assert his claim: Hilton vs. St. Louis. 99 Mo. 199. Under the charter of 1853 where the title to the land taken for street openings was in dispute between parties, no cause of action against the city accrued until the question of title "was determined by the proper court: Soulard vs. St. Louis. 40 Mo. 14 1 Deduction of bciicli(.N from (1:iiii:i^c.n: Such pi'ovisions as above have been sus- tained: State ex rel. vs. Kansas City. 89 Mo. 34. 40. Sec. 12. Condoiiinatioii of property for particular use. — When it becomes neces.siirv fur the uv- poses for which said projierty is reipiired, and to which it shall be especially dedicated. The value and dauiajtcs of said property shall be ascertained in the same manner as directed in this article in the case of opening streets. and the same shall be paid by the city to the owner or owners of said prop- erty. .\s to condemnation for water works see Charter. Art. VII. sec. 4. A public park is such a public use as will authorize condemnation of private propert.v to establish the same: See note to Art. VIII; sec. 1. So a wharf: See cases in head note* to Chapter 10 of Rev. Code. W.VTKI! AM) ll.\S riPE COXNECTIONS. Sec. i:i. Board of Public Improvements to regulate. — The As- scmldy shall jirovide by ordiiianc(^ that all conncctious with water or gas pipes shall be made suljject to such reiiulatioiis as the I'oard of Public Imjirove- ments may, from time to time, establish, and that before any such cunnec- tious are made a permit shall be jiroiured from said boar.d. For ordinances regulating water pipe connections see Rev. Code. sees. 2504-2.^i27 inclusive; as to gas pipe connections see Rev. Code. sees. 336. 898. 912-913. 163. Laying of water pipe see Charter, Art. VII. sec. 5. COXSTRUCTION OF STREETS. BOULEVARDS AND ALLEYS. Sec. 14. Ordinances for improvements of streets, etc., to «)ri.ninalt' witli H. 1*. 1. — lioar«l to tlesiiinale «lay for ])nblic nK'cliiin' (o <'onsinst ranee. — .Nil iirdiuiiMcc till- ilie ciiiisl rucl ion or reconstruction nf anv street, ave- ART VI. Sec. 14 1 CHARTER OF THE CITY OP ST I.OIIS 395 mil'. lMiiili\niil. ;illi'\ or |iiililii- lii;;li\\;iv of llic city, sli;ill lie iim.s.simI unless i'iM'iiniMii'ii(ii-il liy llii' l>i>;n'il iif I'lililic I iii|ii'<)\ciiiciils. :is lii-ri'iii:ir(ci' |ii-<>- vidcd. Till' r>iiar lonsidci' llic iin|ini\<-nii'nl til' ;\n\ (icsi;;nal(Mi sirccis. a\i'niics. l)cinli'\ arils, alli'vs or |(ulilic hi^liways iiy ^i-adin^ or rc^n'adin^. 1>\ ion .sinii-tiii;; oi- rcconslrin-i in^, liy |ia\in;; oi- n'|pa\iii^ llic i-oail\vay, incliidin}^ crosswalks and inli'fscri ions, and shall ^ivc two weeks" |inl)lic not ire. in liie papers doin^ llie city printing, of the lime, place and mailer lo lie eon sidered. staling: in such m)lice llie kind id' material and mannei- of con- stniction |ifo|iosed to lie used I'of the wearing siii-face of sn
  • n and jilan shall Ite a]>|ii-oved liy said Hoard, and tiled in its oClice. It" within lil'ieeii days al'lei- snrh jpiililic nioetiii^, the owners of the major jiarl of the area of tlie land iikhIc laxnlile liy (his article for such im)irovement, shall tile in the ol'tici' nf ilie lioard of I'nlilic Imjirovenients their written remonstrance a^ainsl ilie propuseii impro\-ement, or a;:ainst the material oi' mannei- thereol', the Itoard shall coiisidi'i- such remonsl ranee, anil if said lioard shall. Ii.\' a lwothii-ds vole, at a ri-iinlar meetiiii;. aiijn-ove of the imiii-o\enienl, malerial or mannei- re- nioiistraled against, they shall cause an oi-dinance lor the same to lie |ii-e- pared and repoi-t the same wilii the reasons for their action ami ilu- re- monstrance to tlie Assemlily. IT sucli majority fail to i-eiiioiistraie wiihiii liCltHMi days or shall petition tiie lioard for the iic'irovemeiil. said lioard may !iy a majority vote approve the same, and shall cause an ordinance to lie prepared and rejiorted lo the Assemlily Ihereror. See note at end of this section. l?oiir<1 inii> i»ro\i«I<' dial work bo y:iiaraiit«MMl and kept ill repair I'or Irrni of \»>ar.s In all cases tin- l'>nanl may include in such urdinanci- a provision that the work jiiid material must he u:iiai-anteed mid kept in repair liy tin ntraclor duin^ the work for a term of years to lie s)ieeified ill siu'b onlluauce. s.- iiiii»- lit end of this section. sp('(-ial (axes to be levie«l ami assessed aceordiny; to Iroiitaye and area, appoiiitnu'iit.— Sjiecial tuxes for tlie iinin-iivi'inenis of streets, avcnuo and puMii- hii;hways shall lie levied and assessed as follows : Tlie total cost of ^railin;; and in-eparin^ the roadlied for the sn|iei-sti-iictiii-e. jihu-in^ foundation, cnrliin^. erntterin;;, roadway jiavin^ and crosswalks for Ilie sii-et't eiiilirncetl in the improvtMiient, including all intei-sections of streets and .-illeys, shall he ascertained, and iiii(> loiirlh thereof shall lie levied and asses.sed upon all the pi-o|ieriy froiiliii^ upon or adjoiniiii; the improve iiieiil, in the |irii|iiii-t ion that the frontage of each lot so froiilin^' or adjuin in;; U-ai-s to the total a;;;;i-e;;ale of frontap' of all lots or parcels of or,,iind froniin;; upon iir adjoining; the improvement, and the remaining; lliree- foiirlhs of Ilie cost so ascerlaim-d shall lie levied and assessed as a siiecial tax upon all the properly in the district in he deliiied and liounded as hereinaflei- |ii-ovideil. in the iiropoi-lion thai the area of each lot or parcel of ;;i-onnd or the part lnil, iiH-tli(nl — Tin- di>irici> hi-rcin ri-fcri-fd |<> .-.Imll he c.-iiihli.>led a.- fullow,-: .\ liiw >liall he drawn midway helweeii the street lo lie iin|iroved and the next parallel or convei-;;in;; street on ea<-h side of the strt»et to 1m' improved, which lino shall Ik> Ilie hoiindary of the districi. except as hereinaflei- provided, name- 396 CHARTKR OF THIC CITY OF ST. LOUIS. [ART. VI. Sec. 14. h : 11 I he )irip|icii\ ad Jdiniiiji ilic siicci to he iiiiprovi'd is divirli'd into lots, the (listricT line shall he so drawn as to inchidt' the entire de])tli of ail lots Irontin}; on the street to lie iin]ii-oved. If the line drawn midway as ahove descrihed would divide any lot leiii;! hwise or aiiproxiniately l(Mif;th- wise, and the averaj;c dislanee Iroin the midway line so di-awn to the nearer hoinnhiiy line of the lot is less than twenty-tive feet, the district Hue shall in such case diver<;e to and follow the said nearer houmhiry line. If there is no parallel or conver<;in<; street on either side of the street to he im- proved, the district lines shall he drawn Ihree hundred feet from and jparal- lel to tlu> street to l>e imitroved: hut if there he a jiarallel or coiiverjiiuj;; street on one side of the street to be improved to fix and locate the district Hue, then the district line on the other side shall he drawn jiarallel to the street to he improved and at the averaf>e (Hstaiice of the opjiosite district Hue so li.xed and located. I'rovided that if any ])i'o])erty in a district estah lished as herein ]n-o\ ided is not liable to s];ecial assessment, the city shall pay the |iro|iortion of ( ost of the improvement which would have been as sessed ai;ainst such pro|ierty. All of the jiroperty in the lots, blocks or tracts oi' land lyiui; belwcen the streets to be imjiroved and the district lines eslablished as above specilied. shall constitute the district aforesaid. Si .• Mlitl- at •■ml nf this KlrLtiOIl. S|M'<*i!iI taxes lor construction of sidewalks, apportioned by front foot rule. — The cost of i-oiistrurtiou of all siilcwalks shall be ai)por- tioiied as foUows : The gradiug' of all sidewalks, aud the total cost of eonstructiou or reconstrnction. jiaviiif; or repavinj^. inchidini;- the cost of preparing the ground for the sui)erstructure. jdaciiig foundation and the wearing surface of all side\\alks and necessary intersections, shall be levied and assessed as a special tax upon each lot or jiarcel of ground abutting the sidewalk so constructed, reconstructed, jiaved or repaved in the |)roportion that the front feel of each lot or parcel of ground so abutting such sidewalk bears to the total linear feet of all the pro])erty abutting the iiupro\cment. ami shall be collected as hereinafter provided. Sr.. iiotp at end of this si^ction. Ti'rnis " rey removing the toundatiou. curbing, guttering, and Wearing surfarr of tin- roadway ]iaviug. or only such portion of an\ or all thereof as ilie ordinance may jn-escribe. and thereafter from lime 1(1 lime, smh sireel may be additionally imju-oved if so ordered, by ordinance, and the cost of the additional improvement assessed as a sjtecial lax in like manner and to the same etl'ect as the original iin])rovement ; aud jtroridcd. ftnilici-. that the roadway of streets, avenues, boulevards or i)ub- lie highways may be improved as herein jirovided. irresjiective of sidewalks and the contiacls therefor shall be deemed separate and independent of the conlracis for the improvement of sidewalks. Provided, that nothiug in this seel ion shall be construed to prevent the city from constructing cul verts and paiTially grading streets, to make them ])assab]e in advance of their improMMiienl. at the expense of general revenue, or by the labor of |irisoners in the workhouse. S,-f tu>t<- at t-ntl of this section. Special taxation for improvement of alleys.— The total cost of grading, i-egradiug. |irep,-n-iug tbr roadway for all the superstrui-t\irc. plai-iug Airr VI, See-. 14 I i-ii.\uTi-;r« f)i-' Tin-; eiTV of st loims. 397 fdiimlatioii mill roiuhvay pitvintr of all alli'.vs. shall In- levied and assessed as a spceial lax iiiioii all lots in the liloik in wliieh llic allc.v is located in tlic |iro|ioi-l ion ihal llie area of each lot in such hlock alVorded access liv such alle\ U-ais to ilie total area of all tlie lots in such hU)(k so alfoi-ded access, ami shall he collected as lu'reinaft<'r provided. S*'t' notf lu'lnw. "Lot" (h'liiH'd 'rill' uuni -lot" as used in this section, shall lie held lit mean the lots as shown liv i-ecorded jilats of additions or suli divisions. Itnl if thi'fe he no such recordeil plat, or if the owners of pi-opei'l\ have disregarded the lines of lots as platted, and have treated two or nioi'e lots or fi'aciioiis thereof as one lot. then the whole parcel of i^tound. or lots so Iri'ated as one. shall he reuarded as a lot for the |nnpiisi>s hereof. Amruiliiii-nl: This .strtlon i.s an lUntiKlliiin t jiiussiil at II]. ■ ilialtrr I'ltTtlon (if Oct. JJ. i:'Oi OnnDiinif imivUlonM upon strt't-t fonstructlons and repairs (antl prevontlnB ob- -struitloiis). SL'r H.'V, Codi". Oliap. 12. Art. 2. sees. S$4-940: see also a.s to duties of B. P. I. recommending ordinances U. C. sees. 1913. 1919: and what conditions to be contained In contracts let by board K. C. 270. 1919 rl let. For illHtln4*tlon between exercise of eminent domain by taking property for a public use such as a street, and the exercise of the taxing power by raising funds to pay for property .10 taken; and also for distinction betwei'n Issuance of tax bills for bi-neflts because of street openings, and tax bills for public Improvements, see note to sec. 2 of this article; see also Keith vs. Kingham. 100 Mo. 300: St. Louis vs. Bus. 159 Mo. 9. 12; Burgess. .1.. in Heman Const. Co. vs. Wabash (Sup. Ct. July 2, 1907. not at this writing reported). \h to Ibr MlrlelnrMM with which the legal conditions precedent to Imposition of special taxation for street construction, etc.. and the contract provisions, must be complied with, see In connection herewith note to sec. 2n of this article: as to same respecting strc'ct openings and ben<'tlt assessments therefor, see not»' to sees. 1 and 2 of this article. Thr vnlldltjr of IhU Hrelion (14) was attacked as being unconstitutional on a nuntber of grounds but il was sustained as valid in all respects: Meier vs. St. rx>ul8, ISO Mo. 391. 40S, and cases cited. .Hp«clnl nMNrNMHieatN for public Improvements are not referable to the power of I'mlnent donuiln. but are referable to tlie taxing power and sustained there- under: M.ier vs. St. lx>uls. ISO Mo. 391. lOS; Independence vs. Gates. 110 Mo. 374, 380 (the court pointing out that this species of taxation cannot be defended on logical grounds, but Is upheld as a matter of law): Keith vs. Bingham. lOli Mo. 300; Farrar vs. St. L.ouls, 80 Mo. 379 (with a review of the prior cases, tile court holding that the city "might adopt any method In apportioning the cost which the legislature could adopt." p. 393). In holding such special taxation valid. Burgess. J., in Heman Const. Co. vs. Wnbasli H.v.. (Sup. Ct. July 2, 1907. not at this writing reported) says: "While a distinction is made between local assessments and tax»'s levied fiir general revenue purposes, in that an assess- ment fi»r a local pri>ceedlng is nt>t a tax within the meaning of the constitutional pro\'islon for uniformit.v of taxation, it is in a sense a tax. nt»t however for the purpose of sustaining tli<' government, but Imposed upon individual property upon the theory that such |>roperty receives a special benellt different from the general one which the owner «'nJo\-.,i In ci>n)nion with others; In other wonls an assessment for beneOts." What property In Muhjecl i«» niteelnl lu&ailoii: State constitutional provisions on taxation are held to !>■' inapplicable to special taxation: Meier vs. St. I^>uls. ISO Mo. Vi\, inx. Karrar vs. St. I..ouls. Ml Mo. 379 (reviewing the casi-s): St. Joseph vs. Owen. 110 Mo. 1. c. 4.i5: Adams v.s. Llndell. 72 Mo. 19S; see cases cited In BarbiT Asp. Co. vs. St. Joseph. 1S3 Mo. 1. c. 4.iS: llemnn Const. Co. vs. Wnbnsh U. R. (Sup. Ct. In banc, July 2. 1907. not .vet reported). Hence the compensation clause under eminent domain for properly taken, uni- formit.v clause, taxation according to value clause, etc.. do not affect such legls- latlon: See cases citeil above, especially Meier v.s. St. Louis (uniformity clause, etc.). Keith vs. KIngham (eminent domain and compensation Inapplicable): Heman Const. Co. vs. Wabuah. m/ru ( uniformity clause, etc.) 398 CHARTER OF THR CITY OF ST. LOLTIS. [ART. VI. Sec. 14. Constitutional provisions of exemptions from taxation do not apply to special taxation: Clinton vs. Co., 115 Mo. 557. Statutory exemption of a company or association from "all taxes" does not include exemption from special assessments: Sheehan vs. Good Samaritan Hosp.. 50 Mo. 155; State ex rel. vs. Kansas City. S9 Mo. 34, 39; Railroad vs. Decatur, 147 U. S. 190. Church property is subject to it as any other: Lockwood vs. St. Louis. 24 Mo. 20. The city cannot enter into an agreement that property shall not be subject to special taxation; such agreement is void: Vrana vs. .St. Louis. 164 Mo. 146. Being "a public highway" does not exempt railway property: Nevada vs. Eddy, 123 Mo. 546, 560. Heman Const. Co. vs. Wabash R. Co. (Sup. Ct. in banc, July 2. 1907, not at this writing reported); see also Railroad vs. Decatur, 147 U. S. 190. It was held by the court of appeals that the lien could not be charged against the abutting right of way of a railroad company (Sweeney vs. Railroad, 54 Mo. App. 265. See also Bank vs. Haywood, 62 Mo. App. 265) but the Supreme Court in Heman Const. Co. vs. Wabash R. Co., supra, expressly overruled that case and holds that the railway property is subject to special taxation like any other. At the last session of the legislature an act was passed making the railroad property liable to special taxation in cities as in case of other propert.v and persons: Session Laws 1907. pp. 92-93. .So in case of Burial Grounds. Laws 1907. p. S6. But public property, held for public uses, is not subject to a special tax. since it cannot be held therefor, except in so far as the law making power so desig- nates: St. Louis vs. Brown. 155 Mo. 545, 560; Barber Asp. Co. vs. St. Joseph. 1S3 Mo. 451. 455. The provisions of the U. S. Constitution are generally not applicable to protect against special taxation: French vs. Barber -Asp. Co.. 181 U. S. 394. reviewing the prior cases in that court, and affirming s. c. 15S Mo. 534. and explaining and interpreting the case of Norwood vs. Baker. 172 U. S. 269. In the last case (subject to the later modification as explained by the U. S. Supreme Court) the limits were pointed out beyond which the courts would annul special taxation as void for unconstitutionality where same was unreasonably oppressive in its operation. See vigorous dissenting opinions as well as majority opinions in both the above cases in U. S. Supreme Court. The limitations put on the Norwood-Baker case have been followed in subsequent decisions. A law is not unconstitutional because it makes it possible that the assessment for benefits is greater than the benefits can possibly be: Railroad v.s. Barber Asp. Co.. 197 U. S. 430, 433. Kroiil foot tax under former provisions upheld: Paving Co. vs. Peck. 186 Mo. 506, 515-516; Paving Co. vs. Munn. 1.S5 Mo. 552. 563 (Kansas City); French vs. Barber Asphalt Co.. 181 U. S. 324. affirming s. c. 158 Mo. 534; Heman vs. Gilliam. 171 Mo. 258. 264; Farrar vs. St. Louis. SO Mo. 379. and cases cited. Under the new charter amendment only one-fourth of the entire cost is assessed according to the ground fronting or adjoining on the improved street; this includes all lots abutting the improved street, whether the latter be the main street upon which they "front," or a side street which they "adjoin," and the pro rata is independent of the depth of the lot: Collier Est. vs. Paving Co., ISO Mo. 362. 374. Area district: The validity of both the front foot and area district is settled beyond question: Collier Estate vs. Paving Co.. ISO Mo. 362. 374; Prior vs. Const. Co.. 170 Mo. 349. 448. and cases cited. Farrar vs. St. Louis. 80 Mo. 379. 393 (holding that the city "might adopt any method in apportioning the cost which the legislature could adopt"); St. .loseph vs. Farrell. 106 Mo. 437. Till- benefit un Mprrlnl tiix bllln, essentials thereof and incidents thereto, etc., see notes to sec. 2.'> of this article. The notice lo the iiroperty onnern of the proposed meeting of the board is sufticlent wlien naming a ilay, hour, and place of meeting for the purpose of considering the matter of reconstructing with asphaltum certain designated streets, even though a particular kind of asphaltum had already been de- termined on: Verdln vs. St. Louis, 131 Mo. 26, 81 fi sta.; see Sherwood, J., on p. 158 tl stq. The notice to the property owners of the material to be used Is sufllclent. If the published notice refer to the speclHcatlons on file in the office of the board: Swift vs. St. Louis, 180 Mo. 80, 96. A notice re<|ulred to be published a certain number of days may include Sun- days: Barber Asph. Co. vs. Muchenberger. lOD Mo. App. 47: Clapton vs. Taylor. 4!« Mo. App. IIT. 126: Curtice vs. Schmidt (Sup. Ct.. March. r.>07) 101 S. W. 61. Niillee of llie lelllni:, s.e niile to sec. 27 of this artlch'. Owner eimeliideil to dlnpiite hrnefll or nrpmiiU}' of work: Where tlie taxing dis- trict Is tlxed b.v valid legislation, as Is also the apportlonate of the cost, th^ owner of the property taxed cannot be heard to contend in court th»t his property was not In fact benefited, that being a legislative question: Meier vs. St. Ix>uls. 180 Mo. 391. 409. and cases cited. To same effect: Prior vs. Con- struction Co.. 170 Mo, 439. 4S1. and cases cited. (See also French vs. Asphalt Co.. 181 U. S. 324; Railroad vs. Barber Asp. Co., 197 V. S. 430, 433.) Nor that there was no necrssilY for the construction or reconstruction ^^ "le pavement, that beinc a b-gislative ijuestion. not reviewable In the absence of 400 CHARTEK (»F TH K CITY OF ST LOUIS. [ \ET. VI, Sec. 14. bad faith: Heman vs. Franklin. 99 Mo. App. 346; Skinker vs. Heman. 14S Mo. 349; Heman vs. Schulte. 166 Mo. 409; McCormlck vs. Patchin. 53 Mo 3.1 (holding the power to pave or re-pave is a continuing one to be exercised whenever the city thinks necessary): Heman vs. Ring. 85 Mo. App. 231, and cases cited. But as to when the courts will review the legislative action of the municipal as- sembly and how far. see authorities in note to Art. III. sec. 26, introductory thereto. Nor in an action on a special tax bill for benefits assessed on account of a street-opening or widening, can the defense be raised that there was no benefit. nor adequate compensation, nor any other question that could have been raised In the original cause; this is res judicata as to such matters: See eases on this point in note to sec. 2 of this article. And where an ordinance is fair on its face, objections as to methods adopted or that the ordinance is void for want of authority of the city, or for fraud or collusion, should be shown in a timely suit for injunctive relief: Heman vs. Ring. S5 Mo. App. 231. Maiiiteu;uiee clauiHe, «r *\ork ;iuar:iiiteed anil kept Id repair h.i oontraetur: .^'-e notes to next Sfition nf this article. Special taxatlun for cunstruotlon of Hidetvalks: As to general ordinance for width of sidewalks see R. C, sec. S99. The tax bill is not void because the ordinance does not prescribe the width of the walk, if the suit is not for the making thereof. The construction may be done by one contractor and the paving by another. Nor is the tax bill void if the President of the Board does not personally compute, levy and assess the cost, if he signs the tax bill: Heman Const. Co. vs. Loevy. 179 Mo. 455 (see s. c. in Court of Appeals: 64 Mo. App 1. c. 434). Determination of width of sidewalks cannot be delegated: Ramsey vs. Field. 92 So. W. 350 (Kansas (.'ity Ct. of App.). Where the paving is to be done by separate contractors for different work (one for the street, the other for the sidewalk) the tax bills may be issued on the completion of either to that contractor: Heman vs. Loevy, 179 Mo. 455. Special taxation for abatement of nuinaneeN: See Charter. Art. XII, sees. 6. 7: Rev. Code. sees. 666, 667. 669. Partial euiiipletiou InNulTieient : A city cannot partially complete the improve- ment called for b.v ordinance and issue tax bills therefor before full completion of the conti-act: Independence vs. Gates, 110 Mo. 374, 383; Heman Const. Co. vs. Loevy, 64 Mo. App. 1. c. 437-438 (reversed in 179 Mo. 455 supra, because there were two contracts and the bill was issued as to the completed work under the first, as indicated in tlf )>refeding paragraph of this note); McGrath vs. Clemt^ns. 49 Mo. 552. ~ - But of course this applies to the partial fulfillment of the contract; the city has in its legislative discretion the right to provide for the improvement of such parts of a street and at such times, as it sees lit: Moran vs. Lindell. 52 Mo. 229; Stifel vs. McManus. 74 Mo. App. 55S, 562; Springfield vs. TVeaver. 137 Mo. 1. c. 669. And see authorities cited in note to sec. 1 of this article in how far street improvement is legishit ive. and how far ministerial. .-Vnd that the contraitor does not improve the space between railroad traiks. which is a duty imposeil by law on the railroad, is no ground to defeat the tax bill: Farrar vs. St. Louis. 80 Mo. 1. c. 393; Bank vs. Hayward. 62 Mo. Apji. 5.".n; Springfield vs. NA'eaver, 137 Mo. 650. 66S et .wq. So also an imperfect compliance with the contract will not prevent a recovery for the value of the work as rendered but only furnish basis for a reduction: See express provision in section 25 of this article, and note thereto; and as to pro tanto reci)\-ei-v see ;ilso note to sec. 15 of this article. ReiiioMNtranee: The provision in the charter provides that in case the owm-rs of the majoi- part in area tile a remonstrance a two-thirds vote of the B. V. I. is require. vs. Ceist. :n Mo. App. ri09. 514. 515. An administrator not legally In charge of the real estate cannot sign as a re- rnonstrator: Sedalla vs, Montgomery, inn Mo App. 197. 220; Sedalla vs. Scott. 104 Mo. App. 595. 604. See. 1.) liiipro\«'iii<'iit ordiiiiiiuT, r<>i|iiisiteH — may siHM-ify term of ^car.s for wliicli work shall Uv iiiaiiilaiii«Mi — ostimat*' of <'ost to lt«' «'nlisli«>(l or (l«Mlu'at<'«I prior to iniprovtMiU'iit. — All onliiiinici-.s rci'oiiiiufudfd l)y said Hoard shall specit'v the i-har.-ii-icrof ilir work, its cxli-iit. tlir material to be used, the iiianiicr and uciii'i-al rcu'iilatioiis uiidtT which it shall be cKccuicd. thr fund out of which it shall hi' jniid for, ami may spt'cifv a term of yi-ars for which thr work shall ht^ maintained by the contractor, and shall be emloi-sed with ilic estimate td' the cost thereof; proridrd. that no improvement or repairs shall be oi'dered upon any future street, alley or liiohway which shall not iiave heen opiMied. dedicated or established according to the provisions of this cliailer and law This ain<-ndment was also adopted at Charter election of Ovi. J.i. 1901. For ordinances on this subject, see R. C. sees. 1919. 1920. The Orillniinre. — That an ordinance retjulred to he recomnien: see also State ex pel vs. St. I>ouls, 56 Mo. 277. Specifications ma.v In the ordinance be referred to as on file with the proper municipal officer, without being embodied In the ordinance: Becker vs. Wash- ington. 94 Mo. 375; Asphalt Co. vs. ITIlman, 137 Mo, 543, 570. 571; Dickey vs. Porter. 101 S. W, 586, .■i96 (Sup. Ct. March 30, 1907); see also Swift v.s, St. Ixiuls. ISO Mo. 80, 1. c. 96. applying ,samc principle to the notice by the B, P. I. But matters of substance requiring legislative discretion are to be determined by the Municipal Assembly and cannot he delegated to other officials: Sheehan vs Oleeson. supra; Ruggles vs. Collier, 43 Mo, 353 (determining what streets should be paved); St. I.«ais vs. Clemens, 43 Mo, 39S; s. c, 53 Mo. 133 (determining the 402 CHARTER OF THE CITY OF ST. LOUIS. [ART. VI, Sec. 15. dimensions of sewers); King Hill Co. vs. Hamilton, 51 Mo, App. 120 (determining what material paving shall be made of): St. Joseph vs. Wilshire, 47 Mo. App. 125 (material of sewer); but see Gallaher vs. Smith, 55 Mo. App. 116 (material of sidewalk at option of contractor). Ramsey vs. Field, 92 Mo. App. 350 (Kansas City Ct. App.; width of sidewalks, — but in St. Louis this is determined by gen- eral ordinance). The later charter provisions and decisions have continually enlarged the power of delegation, and this was called attention to even as far back as State ex rel. vs. St. Louis, 56 Mo. 277, 281, distinguishing the provisions in force under which Rug- gles vs. Collier, supra, and St. Louis vs. Clemens, supra, were decided. See also Bank vs. Woesten, 147 Mo. 1. c. 481-482; Gibson vs. Owen, 115 Mo. 267. A void ordinance cannot be validated by legislation after the work is done so as to charge the property owners with the improvements thereunder: St. Louis vs. Clemens, 52 Mo, 133, 144; Uickey vs. Holmes, 109 Mo. App. 721, and see cases in note to sec. 28 of this article. Neither can a right of action against the property be taken away by legislation subsequently to the ordinance and con- tract under which the work was done: Firth vs. Broadhead, 7 Mo. App. 563. Pro Tanto Reeovory: Ordinances for improvements should be upheld so far as possible, in cases of partial validity, where the valid and invalid portions are susceptible of segregation, and a partial recovery allowed: Asphalt Pav, Co. vs. Ullman, 137 Mo. 1. c. 569; Farrar vs. St. Louis, SO Mo. 1. c. 393; Bond. J., in Steffen vs. Fox, 56 Mo. App. 1. c. 23-24, citing Creamer vs. Bates, 49 Mo. 523; St. Joseph vs. Wilshire, 47 Mo. App. 1. c. 133-134: Neenan vs. Smith, 60 Mo. 292; Springfield vs. Weaver. 137 Mo. 650: Eyermann vs. Provenchere, 15 Mo. App. 256, 266; Prendergast vs. Richards, 2 Mo. App. 187: Johnson vs. Duer, 115 Mo. 366. And the cliarter itself recognizes tliat the owner can only defend for bad or in- sufficient work by reduction of the bill, and after tendering a just amount for the work done: See the provisions of sec, 25 of this article and note appended thereto. The ordinance need not contain a provision for advertising for bids: Bambrick vs. Campbell, :!7 Mo. App. 460, 465. Guarantee of Cimlraetor to .llaintain I'uveiiient iu Kepair for a certain time: For ordinances, see Rev. Code, sees. 884, 891, also Charter preceding section of this article. Such a clause means that the work shall be of such a quality that it will last for the guaranteed time under the ordinary wear and tear incidental to the use of the street or pavement for the purposes intended, and is not a con- tract to repair: Asphalt Co. vs. St. Louis, 188 Mo. 576; Barber Asphalt Co. vs. Ullman, 137 Mo. 543, 566: Bank vs. Woesten, 147 Mo. 467, 476; Barber Asp, Co. vs. Hezel, 155 Mo. 391; St. Louis Quarry Co. vs. Frost. 90 Mo. App. 677, 6S.S; Allen vs, Labsap, 188 Mo, 692, 703. Hence where the contractors between the contractor and the owners, the former cannot recover against the city for injuries to the pavement, and if he repairs the pavement for injuries caused by the city, he is a mere volunteer: Asphalt Co, vs, St. Louis, 188 Mo. 576: and hence payment of a tax-bill cannot be avoided because of a clause to maintain in repair on the ground that such provision makes the contract one for repair (whicii is to be paid by the city); See cases supra; also note to section IS of this article. Board Spooifle.'s Material to Be Ised: The right to select the material of which the paving shall consist rests with the Board; and their action is valid, though a material is selected which is owned or controlled by one concern, or of which the whole supply is in the hands of one applicant, although competitive bidding is thereby practically prevented: Swift vs. St. Louis, 180 Mo. SO; Verdin vs. St. Louis. 131 Mo. 26; Barber Asp. Co. vs. Hunt. 100 Mo. 22; Paving Co. vs. Field. 18S Mo. 182; Field vs. Paving Co.. 194 U. S. 618; Allen vs. Labsap, 188 Mo. 692, 702. But in the recent case of Curtice vs. Schmidt, 101 So. Wes. 61, 66-68, decided March 28, 1907, the Supreme Court manifested a distinct tendency not to extend the doctrine of those cases, and held that where the designation is of a material not of such peculiarity as to be manufactured by one concern, then a designa- tion of that material "as manufactured by" a particular concern named, is void because stifling competition and throwing open the door to favoritism: although the court recognizes the doctrine of the former cases to the extent that "if there is a patented article, or an article not patented but in the hands of one person or company, which article is necessary for the public improvement, and there are no other persons having the same general character of material which could ART VI, Sec. 16-17] CHARTER OF THE CITY OF ST. LOUIS. 403 be brought Into competition, then the nuiniclpnilty Is not forced to use other clearly Inferior material un account of the ret|ulrement for competltlvo bld- UlnB." Kiillniiitr of Conti Where a statute or charter roiii(Mit.s. the Assciiiltiv sliall li:ivt> tlie [)o\ver, when sueh ordiuanee shall be aceoiiipanied b\ a ii'iiiDiistr.-iiire as lu'reiiiliprorc provided, by a vote of two-tiiirds of the iiicinlifi's elect of eacli lioiise. and in all other nrU. in hv rt'eoiiiiiu'iuhMl hy tlio Hoitrd of rul>li<- liiii>r(»\(>in«'iit.s. — The Honid of ruhlic Improve- iiiciits shall rci'oinnicnd to the Asscmtdy all ordinances for the cstal>lishin<-iit or cliaiiirc of frnt'lc of streets, aveuiu's, boulevards, public hifjiiwaysand alleys, and also for the ecuistriiction or reeonstruetion of streets, avenues, boulevards and ptililic hijihways, and for the maintenance, repairinjr. li-ihtiiii;, c'leanin^r and sprinkliii;; thereof; for the construction or reconstruction, maintenance, repairiiifi. ii^litiufi and cleaiiin<; of alleys: for the constructioii or recon- struction, maintenance and rei>airinst of iiiiprovenieiit — portion i)ai lightinj; tif boulevards, alle.vs, streets, avenues antl jmblic highways, and the repairs of streets, avenues and public highways, shall be paid out of the general revenue of the city. The grading, improving, ct)nstructing, re constructing, maintaining, repairing, cleaning and sprinkling of all boule- vards sliall be paid by special fax bill as in this article hereinbefore pro- vided; tho grading, regrailing, preparing th<^ roadway for the superstrud ure, placing foundation and roadway, paving of all alleys, shall be ])aid by special tax bill as hereinl>efore in this article ])rovided; the construe tion, reconstruction, paving or repaving, including the cost of preparing the ground f(n- the suiierstructure, placing foundations, and the wearing surface of all sidewalks, shall be paid by S]iecial tax hills as hereinbefore in this article provided ; the grading, preparing of the roadbed for supei- structure, jjlacing foundations, curbing, guttering, wearing surface of the roadway paving, cross-walks, including all intersections of streets, ave Dues, highways and alleys, sluiil lie (laid by sjiecial tax bill in the niaimer hereinbefore in this article provided. The rei>aiis of all alleys and side walks shall be charged u]>on the adjoining property as a special tax. and shall be collected and paid as hereinafter provided. Till-* iiniendnient, also, was adopted at the election on Oct. 22. 1901. submittcl under ordinance 20444. The \-alidit>' of special taxation, though not sustainable on any logical ground. is no longer to be riuestioned: See cases cited in note to sec. 14 of this article. l\y the present amendment no limit is placed to the amount chargeable by way of special taxation on the property owner, whereas formerly the limit was 25 per cent of the assessed value. Reference to decisions upon the old law on this point are therefore omitted. It is also to be observed that, differing from ; the former law. repairs, for alleys, sidewalks and boulevards are now paid for by special tax. as well as construction work. etc. On this and other points the changes must be borne in mind in determining the application of the cases ci^ted below. UcpiiIrN of streetH to Be \*n\A \\y VWy: l''or ordinances on repairs, sei* K. C sec. .S90. and following. A contract providing for special deposit by a contractor to maintain his con- struction work for a certain period i.s not a contract for repairs (which is re- quired to be paid out of general revenue), but is to insure fidelity for the char- acter of the work in the first instance, and a special tax hill cannot be avoided on that ground: See Allen vs. Labsap. 1S8 Mo. 692. 703. and mimerous ca.ses citei in note to sec. 15 of this article. AKT VI S*c >9 1 OHAUTKH OK TIIK CITY OF ST IXH'IS. 405 That siirli a guarantee of mnintcnanut' for a certain minibor of ytara in a con- tract for construction Is not a contract for repair, hut only a guarantee of the t)ualjty ftf thi' work, see cases dtcil In noti' to sec. !."» of this article. Distinction hetweon rules applicabl<' to streets and those applicable to alleys and sidewallis (before amendment): Sltlnker vs. llenian. US Mo. 3-19. 359. re- citing the charter provisions Itefore the present amendment. .\s to wliat is to be considered as repairs and wliat re<*onstruction. see Karrell vs. Kammolkamp. ti4 Mo. App. 42r>. 42!': Perklnson vs. Sclinaake. lOS Mo. App. 2SS, and cases infra. Repairs must be paid by the city and the city cannot shift the cost on the abut- tluB owner hy cnllinK the work reconstruction: O'Meara vs. Green, 25 Mo. App. I9S; and abuttinK owners are not liable for repairs where the streets were oon- structpil before thf locality was taken Into the city limits: O'Meara vs. Green, lii Mo .\pp. lis. Nor cen tlicre be a recovery on a special tax bill for repairs (allowable under former charter provision), where the work was reconstruction: Farrell vs. Rain- melkamp. 61 Mo. App. •I2ri, 42S; the latter requiring an ordinance to authorize the work, but repairs beluB permissible under the order of the street commissioner on notice to the owner: KItterskamp vs Stlfel, 59 Mo. App. 510. (See in con- nection herewith R. C. sees. 904 to 910.) X'nder the old provision which provided that the cost of "paving, guttering and materials shall be charged upon the adjoining property." etc.. it was held that where four lots were sought to be charged in one tax-bill, one of which adjoins the Improved street and all four fronting on a cross street, an aggregate assessment cannot be made against all the lots, unless it be shown that all were used as one lot by the owners: Paving Co. v.s. Peck. ISG Mo. 506. Under that provision (before amendment) there was full authority to charge the cost of paving allrys against the adjoining property: lleman vs. Gilliam. 171 Mo. 258, 2fi4. As to cost to intersections of streets, and for "grading." "cross-walks" and "curbing." see Gibson vs. Kayser, IC Mo .^pp 404: intersections: See Allen va Krenning, 23 Mo. .\pp. 561. NUISANCKS— OHANGK OK GRAIiK. Sfc. !!•. Niiisiinces caused by piiblicworksto bo abated by city — «laiiia^«'s by cliaujji'of v:ra»l«' to be pai«l by city. — Wlniuvcr a imisance i.s ciiiisicl iii'iiii |iii\;iic |ir(i|icri\ li\ ;iii_\ work iir iin|pr;rade to the daiiia;;e of such ini|>rovi'iiient. the city shall iiideiiinify the owner of the iiniiriiveineiit for such damap-. %iil«>inei->: As to the powers of the city where the nuisance is not caused by • he city, but by third persons, see Charter Art. III. sec. 26, clause 6: Art. XII. aces. 6. 4. 3: Rev. Code. Chap. XI, Art. 12 (sees. 584-689) and notes thereto. Kor atnlntory provlMlt>nM n-MiM-etlnic ehnnice uf Kmde, see R. S. 1899. sees. 62.'!^ et sef|.. which are set out herein, with not.s, under "Ijiws Specially Appllcahl« to St. Ixiuis." in Chap. 32. sees. 686-590. ChnnKr of Kradpi Prior to the constitution of lH7.'i the city in the legitiinnto exercise of Us powers could change the grade by ordinance without being liable for consequential damages, unless the Injury could l»e shown to have resulted from the negligent or Improper manner In which the work was done: St. Louts vs. Gurno. 12 Mo. 415; Taylor vs. St. bouis. 14 Mo. 23: Hoffmann vs. St. Loul*. 15 Mo. 651. (A contrary decision was made In Thurston vs. St. Joseph. 51 Mo. 510. but the former rule was again followed in later cases) ; Schattner vs. K. C 53 Mo. 162: Imlcr vs. Springlleld. 55 Mo. 11); Wegman vs. Jefferson. 61 Mo. S'- Stewart vs. Clinton. 79 Mo. 603; and see dicta in the cases below cited. To uproot this doctrine the Constitution was so amended in 1S75 that com, satlon was required when property was Jamntiii as well as taken for public use. and since that time It Is settled low that when property Is damaged by estab- 400 CHARTER OF THE CITY OF ST. LOUIS. [ART. VI. Soc. 19. lishing the grade of a street, or by raising or lowering the grade already es- tablished, it is damaged for public use within the meaning of the Constitution: Hickman vs. Kansas City. 120 Mo. 1. c. 116; Werth vs. Springfield. 78 Mo. 107, 110; Householder vs. K. C, S3 Mo. 488; Clemens vs. Ins. Co., 184 Mo. 1. c. 53. And it is also well settled that the constitutional provision is self-enforcing, and although the legislature may have enacted no law providing for a mode for ascertainment and payment of the compensation provided for, resort may be had to any common law action affording an appropriate means of redress: Hickman vs. Kansas City. 120 Mo. 110, 117; Householder vs. K. C. 83 Mo. 488; Keith vs. Bingham, 100 Mo. 300; Sheehy vs. Cable Co., 94 Mo. 574, 578 et sea. And a statutory remedy purporting to be an exclusive remedy must, in order to be exclusive, be commensurate with the constitutional right and the remedies which by force of the constitution the owner is entitled to for his protection: Hickman vs. Kansas City, 120 Mo. 110, 118-119; Markowitz vs. Kansas City. 125 Mo. 485. Under the statutes (see present statutes cited at beginning of this note), the city may institute proceedings for assessment of damages and benefits on change of street grade, without the consent of the owners of the property affected: St. Louis vs. Lang. 131 Mo. 1. c. 421. As to what is a final judgment in such a proceeding, and that final judgment cannot be rendered as to some and not others on the commissioner's report, so as to allow an appeal, see St. Louis vs. Nelson. 169 Mo. 461. A railroad company is as much liable as a city for damages in causing a change of grade: Sheehy vs. Cable Co., 94 Mo. 574. 579. In an action to enforce a special tax-bill for improvements the defense cannot be made by the property owner that he has not been paid for the damages caused by the change of grade. The first is an exercise of the taxing power, the latter of eminent domain. Although the city may be liable under the constitution for an Improper exercise of the power of eminent domain, yet the defense cannot be made in the tax suit: Springfield vs. Baker, 56 Mo. App. 637, 640. quoting and following Keith vs. Bingham, 100 Mo. 306. See as to this distinction, cases in note to sec. 2 of this article. Overflows on pri\'ate land resulting from inadetiuate sewer is not taking or damaging property for pubMc use: Gulath vs. St. Louis. 179 Mo. 38. 56. Where the property of a citizen is not taken, and his proprietary rights are not disturbed, but the damages to his property is consequential, due to a change in the grade, the constitutional provision prohibiting taking or damaging of pri- vate property "outhout just compensation, does not entitle the owner to damages before the work is done,_and he is not entitled to an injunction until the same are ascertained and paid: ' Clemens vs. Ins. Co. 184 Mo. 46. See further as to when an injunction will lie, cases cited in the opinion; also MacMurray- Judge. Iron Co. vs. St. Louis. 138 Mo. 608. Although an abutting property owner is entitled under the constitution to be compensated for injury to his property before the improvement can be made, and may maintain injunction to enforce his right, yet if the conditions are such that the ordinance providing for the improvement, though unrepealed, cannot well be carried into effect, the injunction will not go. though the plaintiff may have apprehensions, if the.v are not really well grounded: Lester Realtj' Co. vs. St. Louis, 169 Mo. 227. While it is true that the owner, since the amendment in the constitution of 1875, is entitled to compensation not only when his property is taken for public use. but also when it is damaged, yet the ground of recovery is his easement or property interest in tlie street; and the plaintiff, in order to recover, or to bring himself -within tlie amendment, must show- a special and peculiar injury to his propert.v. or some easement connected therewith, different in kind from that of others: Clemens vs. Ins. Co.. 184 Mo. 46. 54, and cases there cited; Van De Vere vs. Kansas City. 107 Mo. S3; Rude vs. St. Louis, 93 Mo. 408; Knapp Stout & Co. vs. St. Louis. 153 Mo. .^72; see also (where a street railroad was constructed): Ruckert vs. Grand Ave. Ry.. 163 Mo. 1. c. 278; and (steam railroad) De Geoffrey vs. Mer- chants Bridge. 179 Mo. 705 ft sfQ. In a suit by an abutting owner for dania.ges caused by cluanging the grade, whether the change be from the natural to an artificial or from one artificial to AKT. vr, See. 20] CHARTKR OF THK CITV OF ST. LOUIS. 407 another, the nieiiaiire of duiiiuKes la the difference In value of the property be- fore and after the change of grade. Ies.s any special benellt not common to all property In the nolKhhorhoiid. caused by such chanRc of grade; and this Is the rule whether the cost of the Improvement be paid by the city or taxed as benefit assessments against the abutting property; the cost of the Improvement taxed against the abutting propery should not be considered: Investment Co. vs. St. Joseph. IKl Mo. 459. As to measure of damaKes where access to a highway Is cut olT, being the dif- ference In market value before and after such cut off. see also: Slattery vs. St. I,ouls. 120 Mo. 183; Chouteau vs. St. Louis, S Mo. App. 4S, The benedts to be deducted from the dan>ages sustained by the landowner by the Inking or damaging his property Is only the direct and peculiar benellt that would result In particular to his tract, anil not the general benellt that his lands would derive In common with the lands of other owners In his neighborhood: •'ole vs. St. Louis. 132 Mo. 633, 64U. The city Is liable for damages In a material change In the grade from the nat- ural surface: Investment Co. vs. St. Joseph. 191 Mo. 459; Cole vs. St. Louis, 132 Mo. 633, 640, and cases cited: Davis v.s. Ky.. IIH Mo. 180; Fred vs. Railway, 65 Mo. App. 121. The change of grade need not he the whole wUllh of the road-bed: Stlckford V.S. St. Louis, T Mo. App. 217. Action for damages for changing grade Is In nature of trespass; possession alone Is sufficient; title need not be shown: Sclirodt vs. St. Joseph, 109 Mo. .\pp. 627; but sec Clemens vs. Ins. Co., 1S4 Mo. 1. c. 56. rl st^ City not liable In absence of valid ordinance authorizing such change of grade: Cardner vs. St. Joseph. 96 Mo. App. 657; Clay vs. Mexico. 92 Mo. App. 611; Calvert vs. St. Joseph, lis Mo. App. 503. And in the absence of an ordinance the officers doing the grading, or assisting or encouraging same, are liable as for trespass: Reed vs. Peck, 163 Mo. 333 (proceeding where the only authority to grade was a void resolution, not an ordinance. But a mere technical departure from the mode In which the power to grade is exercised will not discharge the city, at all events not if such ordinance has been, even Impliedly, ratified by the corporate authorities: Schumacher vs. St. Louis. 3 Mo. App. 297, 29S-299. .\nd an allegation In a petition by a city for assessment of damages for change of grade which alleges the due enactment of an ordinance defining the limits of benefits and damage district altected by a change of grade. Inferentlally states the passage of an ordinance for the grading of a street in that district. where that would be necessary as a condition precedent to the other ordinance: St. Louis vs. Lang, 131 Mo. 412, 420-421. An abutting owner Is not estopped to claim damages from change of grade re- sulting because of grant of street car franchise because he signed a request for such franchise over the street in question: Fred vs. Cable Co.. 6.S Mo. App. 1. c. 124; nor because the plalntifT, after the grading of the roadbed by the cable company, requests that the grading of the street be finished: Hickman vs. Kansas City, 120 Mo. 110. 120. Damages for change of grade — landlord and tenant: St. Louis vs. Nelson. lOS Mo. App. 210. Damages because of removal of shade trees, when allowed: Walker vs. Sedalla. '\ Mo. App. 70. And when not: Colston vs. St. Joseph. 106 Mo. App. 714. See also Scttt vs. Marshall. 110 Mo. App. 178 (condemnation of sidewalk improved l>y shade trees). r>aniuges on condtmnation of propiTt.v for public use; See note to Cluirter, Art. VI. sec 1 •SKHKR.S. ScM-. I'll (lassiCujit ilir," *'»li.strir(," **joiiit-(list rift" iiiitl "pi-ix ;it<'." — A .scwir .-iv.xtiiii i.-< li.rittv .slMMi.-^lHil, wliirh .shall 1)1- (liviilcd iiit»> tmir cIm.sscs, viz.: ••Public." ••Distrirt,'" •••loiiit- I)istrii'.t" mill ••I'rivati'" .scwits ; tbi* flu.ssi-.s in niiy cn.sc hciiijr (li-tcriiiiin'd Ity tlif iiiithority of it.-* coiLstnii'tioii, .-ukI thi- (li'fiiiitii)iis licri-iuaftiT .-iiiccitifil. irn-.-jpcctivf <»f ihi- area ilriiiui-il. tin- s'vm-. cliarKcti-r. <>r piirpo.si- of the .si-wer. 408 CTIARTER OF THK CITY OF ST. LOUIS. AKT. VI. Sec. 20. I'liblic sewers are defined to be those heretofore eonstnicted or atcjuircd iiiidcr anllioritv of an ordinauce, and jiaid for wliollv out of the genei-al revenue. I'uhlic sewei's hereafter constructed shall be such sewers as the Hoard of Public Improvements may deem it expedient to establish and couslrtut wiliiout creating a sewer district or joint sewer district; and such sewers may be established and constructed at such times, to such ex- tent, of such dimensions and materials and unth^r such i-egulations as may be provided Ity oi-dinance reconiiuended by the Hoard of I'ublic Improve- ments, and shall also consist ol' such Ijranches to sewers already constructed as may be considered exjiedient by said board; providcil, liowcvcr. that no sewer shall be run diagonally through private [jroperty when it is jn-actica- ble to construct the same parallel with the lines of sucli property, nor shall any jniblic sewer be constructed through private pro])erty when it is prac- ticable (o construct the same ahuig a street, alley or ])ublic highway. An appro|)rialion shall be made to meet the cost of each ])ublic sewer from the public revenue, rublic sewi-rs may be connected with any other sewer of any class, oi- with some natural course of drainage. Jiistrict sewers are tiefiiied to be those (^(mstructed or acquii-ed under authtirity of ordinances, within the limits of an established sewer district, and jiaid foi' by sjiecial tax assessed ujion the ])ropertv in the district. J«>iiit-«listri<"t sewers are defined to be those constructed or acquired under the authority of ordimmces uniting one or more districts or unor- ganized territory, for the purpose of ])roviding main, outlet, or intercept- ing sewers, for the joint benefit of such districts or territory, and paid for by special taxes assessed upon all the ]iroi)erty in such joint sewer district. Private sewers are defined to be those built with or without permits, paid for b\ llic parlies, ])ersoiis, associations oi- coi'iioiations cousli'ucting the same. Thi.« st-rtion ;uii] tho.sp following were ilmended at the .-hiii-ter election (jf Oct. 1:1, lIMii, making a material eiian^e in the sewer system of the city. Stale Law: See in connection with the cliarter, Laws Mo. 1905, sec. 1-6, set out herein in "Laws Specially Applicable to St. Louis," Chap. 2S, sees. 535-549. au- thorizing T>rainaffe and Sanitary Districts between the city and county. <"harior Authority to construct, keep in repair and regulate the use of sewer.'*: See Art. lit, sec. 26. clause 2. and note thereto. F«r onlinaneeM respecting sewers in general, see Rev. Code, Chap. 34, sees. 230^ to 2322 inclusive; sewer condemnation proceedings, sees. 876-882 (see also notes to Charter se<-. 2 f/ si-q. of this article): sewer connections, R. C. sees. S98, 1 798. 14!). 2314. 2302: permit .onstniction, etc., 2303 and foUowins. I.fnbility €>f rit.v t'i)r naiiin^eN for defective sewers and sewer i>\erflows: See note to elaus-- L', section 2fi. -Art. III. Ueflnitif»n ami object ol' He\*er in uenernl: Fuchs vs. St. Louis, 167 Mo. loc. cit. 636: (as to importance of drainage of cities to preserve the public health, as a police power, see also New Orl. Gas Co, vs. Drainage Com., 196 U, S, 453. cited In note to clause 2 of sec. 26 of .\rt. III.> Tile clniHwilleiilioii oi Meiver.-* iiiitler the new eliarter provision and the right of the iity so to ttassify, is discussed, and the several kinds defined, in Prior vs. Con- struction Co., 170 Mo. 439. The court, also, in that case shows the difference be- twi'en the new and former classification. This distinction should be borne in mind in applying the decisions under the former law to the present conditions. I'niier the former provlNionH: I'ublic sewers can be created only by ordinance, not by user alone: Heman vs. Payne, 27 Mo. App. 481, 486. AKT VI, Sec. 20 I CHARTER OF THK CITV OF ST LOUIS 4fl!) \Vhut arv public, district or prlviito Sfwors prior to pri-.scnt anicnilniont. .soo He- man vs. Alton. 15ti Mo. 034. r,4Z, IIIII v.a. Swlnclcy. ir.9 Mo. in. Kycrman vs. Blakcly, 78 Mo. H5. Id hu%\ fur the municipal ussnnltly mii.<4t rlx the I'onstructlon, niatcrliils. route, ilhncn.slon.s. cii-.. of a .scwi-r by orillnano** and in how far tho details thereof may be deh'KuteO to the proper ofTlclals. see State ex rel. vs. St. Louis. .'16 Mo. 277. sliowlnK that the power of the city in tills respect was enlnrKed by charter amendments so as not to be Koverned by tlie decisions in Murpliy vs. Clemens. 43 Mo. 395 and RuK>;los vs. Collier, id. 37.".. And see furtiier. cases on the same subject with respi-ct to street Improvi^nienis, note to sec. l."> of this article. UlncrrClou UN to location of branch or lateral sewers In B. P. 1.: State ex rel. vs. S( Louis, .'ii; Mo. 577; Kyermann vs. Provenchere. 15 Mo. Apii. I. c. 2t>7-268. The action of the Hoard of Public Improvennnts In accordance with charter au- thority to recommend creation of private sewer to the Municipal .\ssembly, which enacts an ordinance in i)ursuance thereof, is conclusive that such sewer is a pri- vate sewer, no nwitter how t.enellclal It Is to the public: Heman vs. ..Mien, l.'ifi .Mo. .'ilil (anriruKil without discussion of this point In ISl V. S. 402). The recoiii- uicndation of th'' board and subse<|uent enactment of the ordinance relieves the contractor from the obligation of iniiuirln^ as to the grounds on which the work la done: Kyermann vs. Provenchere. L*i Mo. App. 1. c. 270. Thu Municipal Assembly, when thereto moved by the Hoard of Public Improve- ments, may pass ordinances looking to the construction of sewers, public and district, and tile policy of constructing sewers Is delegated to them. It Is for the Municipal Assembly, acting In the manner prescribed by charter, to say whon and where si'Wers are to be constructed, and the kind, whether public or district. But it cannot by ordinance or otherwise, authorize tile construction of a public sewer to be paid for by special assessment, nor authorize a district sewer to be paid for out of the treasury. And the dilTerence between a public and district sewer Is not a mere dilTerence in name, but it Is a physical fact, so that the assembly cannot authorize what is In fact a public sewer and by merely denomi- nating It a district sewer tax the cost of Its construction on the lots in the dis- trict named. Such an act would be a fraud and the special tax-bill issued in pur- suance of it would be void: Hill vs. Swlngley. 159 Mo. 45. 49-50. Courts have no power to Issue a mandatory Injunction requiring a municipality to construct a sewer In a particular manner or location. Irrespective of the ex- ercise of discretion vested by law In the municipal authorities to determine the practicability of the sewer ordered, the availability of taxation for the purpose, and the like matters; the exercise of this authority is primarily vested in the municipality and not the courts: VIckaliurB vs. Waterworks Co.. 202 TT. S. 453. 471 -472. \m 10 Hpeolnl taxallf>ii, see In connection with the cases below, also tile notes to sections 24-25 and 14-15 of this article tnr those pnlnls common to streets, itileys, etc.. as well as sewers. Special tnxntlon for Ibe ri»ONiriiplloD of nci^eni, assessed cither according to tlie area, benefit district, or the front fftot rule. Is now valid beyond question: Prior vs. Construction Co.. 170 Mo. 4:19. 448; St. Joseph vs. Farrell. 106 Mo. 437; He- man vs. .Mien. ISG Mo. 534. affirmed as Schumate vs. Heman. 181 U. S. 402. Thi- question whether a lot owner is benefited by the sewer so as to make his land taxable therefor. Is legislative and ho will not be heard to tho contrary after the Municipal Assembly has established the district and fixed the rate of benefits without fraud or oppression; and such benefits may be indirect as well as direct 111 justify the action of the assembly: Prior vs. Construction Co.. 170 Mo. 439. 450-4.>I; Heman vs. Schulte, 166 Mo. 409. Heman v.s. Allen. 156 Mo. 534. 544-551. affirmed 181 U. S. 402. Akers vs. Kollmcycr. »7 Mo. App. 520. 529. Sec also John- son vs. Duer. 116 Mo. 366. But the Municipal Assembly cannot authorize tax-bills by designating a public sower to bo a district sewer, wiien in fact not such, and the tax-iiills are void: Hill va. Swlngley. 159 Mo. 45. 49-50. Area taxation without reference to value of land Is valid: Johnson vs. Ducr, IIS Mo. 366. AacorlaininK us»e»»ment: See Creamer ts. Allen. 3 Mo App. tIS. 410 CHARTER OF THE CITY OF ST. LOUIS. [ART. VI. Sec. 21. The liasi.s of the work is an ordinance, and a void ordinance cannot be made valid after the work has been done: Dickey vs. Holmes. 109 Mo. App. 721; St. Louis vs. Clemens, 52 Mo. 133, 144. As to the requirements of an ordinance tor Ijulilic improvements in general, see note to sec. 15 of this article. Where two lots are used as one property, they may be treated as one in assess- ing special tax-bill against them, whether improved or not: Hill-O'Meara vs. Sessinghaus, 106 Mo. App. 163, and cases cited. A proper assessment in accordance with the charter is the basis of taxation, and the special tax-bill is void unless grounded on a valid assessment made by the tribunal designated by the charter. As to what is or is not such a compliance under the St. Louis charter, see Heman vs. Parish, 97 Mo. App. 393, 401; Heman vs. Allen. 156 Mo. 534; also authorities generally in notes to sees. 27 and 14 et seg . of this article. But the special tax-bill need not recite the basis of apportionment: Dickey vs. Porter. 101 S. W. 586, 594 (March 30. 1907, Sup. Ct. Kansas City charter). The ordinance for improvements by sewers should be strictly complied with and construed, but not so strictly that it would defeat its obvious intent: St. .loseph vs. Landis. 54 Mo. App. 1. c. 326. See also Dickey vs. Porter, 101 S. W. 586, 596 (Sup. Ct., Mar. 30. 1907). Speeijil tax is mii the exflusive remedy of the contractor; there is nothing in the charter preventing the city from enacting that other regulations. -such as tlie payment of the tax before permitting a connection with the sewer, must be ob- served under its other powers: Hill vs. St. Louis. 159 Mo. 159, 167 (upholding an ordinance to that effect, now sec. 2304 of Rev. Code). Until *ii taxation for .s*'^v€»rs: There was no limit to special taxation of sewers even before tlie present amendments: Heman vs. Wolff, 33 Mo. App. 200; Hill vs. Swingley, 159 Mo. 45. See. 21. District sewers, establishment and eonstruftioii of — a> portion «»r «'ost of eonst ruetion -.j«)int ilistriet se^veI•s may be const iMH't«'d in si'e- tions. — luinl distriei sewers may lie ednsirneted or ;i<'([nii'iil ,is lulluws: W heiievei-t he Munieipal Assembly, on ihereeommeiidatioii nllhe noardol' 1 Mi It- lie Iiujiroveinents, deems it ueeessary that a sewer be eoustrueted in auy part of tlio city, for the drainajie or sanitary imin'ovcinents of a section of the city comprisiiif; more than one established sewer district, or territory not yet in an esialtjished sewer district, it may. by ordinance, unite and establish such sewer districts, or parts tliere at no expense in the construction, rei)airing or cleaning of the same. .\11 sewers or covered drains, draining or capable of draining more than one lot, built by private persons, corjiorations or associations, either within the boundaries of the lands owned oi' liebl by such ]iarties previous to the subdivision of such lands, with or without a permit fioni the city, or in the streets, alleys, avenues oi- public jilaces. under jicrmits granted by the city, shall be considered jirivate sewers. Whenever a private .sewer, oi- an.v part thereof, is so located and consti'ucted as to fit it to l)e a j)art of a joint district or disti-ict sewer, the city shall have the right to acquire such ](rivate sewer by gift, condemnation or purchase, but such ac(]uirement shall be by ordinance recommended bj the Hoard of Public Im])rovements. The city shall pay the cost of acquir ing the same, and shall reimburse itself in the following manner: The total cost of such condemnation or purchase shall be assessed as a special tax against the jii'operty in such distriit or j^iint district sewer district, as tlie case may be, in favor of the city, in the manner herein ]ir()vided for the construction of such sewers. Public, joint district and district sewers may be connected with private sewers without compensation to the owners or builders there<.)f. at the option of the city. Ordiiuinur pro>1iiloai> respecting private sewers: See Rev. Code, sec. 2308 ri ut AHT vi.s.-i- ii r-iiAKTi:i; dk thk (MTV Or ST. i.oris 4i:{ SPKCIAI. T.\X-KII,I„S Si( I't S|HM'ial fax bills, lu>\\ mjulo oii<, r<»};istero«l and tlc- livert'd — plart' of payment to Ik* dt'sij^^nattMl. — All s|>((ial tax hills for work contemiilalocl bv this t'liarti-r shall be niadi' out h.v the I'rcsidciit of said Hoard, and bv him rcfjistcrcd in his office in ftill. and certified and de- livered to the ('oni|ilroller, and his receipt taken therefor, and li.v him reg- istered and connlersiuned and delivered to the |iarties in whose favor thev are issued fur collection, ami their receipts taken in fnll of all I'laims aiiainst the <'it,v on acconni of said work. In ever.v such tax bill there shall be desii;' uafed either the ("it.v Treasurer, or, at the option of the pei'son or persons onfitled fo siu'h fa.x 1)111, flie name of some b;ink or frust c<)in])any located and doinj; business in the City of St. Louis fo whom payment of such bill may l)e made; and in case the t'iiy Treasurer is so desi<;naled, it shall be his duly to i-eceive ami receipt for suili payment if tendered. Tlil.s s.-.-tlon :ilso Is an iiini-mlni.'iit adopt. -li at tho .>l,ctl.in of Oct. 22. 1901. SaltMtltutloD i>f ne%v Inx-blllN for voliloneN — .\iiienilnionlM «»f (n.\-l>lllN Irrt-Kulnrly Uaurd «r void. — Now spoiliil tnx-bills in payment for Iniprovonii'nt work mn.st be IsrimhI on doinantl and surrender of those IncorrOL-t because tlie district was wrongfully del\ned under the charter: and mandamus lies to enfonc the con- tractor's rierlit thereto: State ex rel. vs. St. I.ouls. 183 Mo. 230. If the original bill was void and recovery defeated on that ground, the power to Issue Is not exhausted, but a new assessment may be had and new bills may he issued: ICyerman v.s. Provencherc. 15 Mo. .-Vpp. Z.'iB. 262. 270: lOyerman vs. Payne. 2S Mo. App. 72. 76. But If the original bill was not void, hut irregular only, a llnal jnclgnient lor defendant will bar another action on the same bill after It has been corrected: Weber v.s. Schergens. 28 Mo. App. 587; Kyerman vs. Payne. 28 Mo. App. I. c. 76: Eyerman vs. Scollay. 16 Mo. App. 498: but an amendment of the petition after correcting the i>lll is proper: Galbreath vs. Newton. 45 Mo. .\pp. .112. A s|>ecial tax bill, whether void, voidable or merely Imperfect, as issued, may be amended within the time limited for its enforcement: Vieths vs. Planet Co.. 64 Mo. App. 207. See as to limitation of tax-bills, intra, this section. The particular officer may erase the wrong and insert the true nami' of tlie owner, even after expiration of hi.s term: Stadler vs. Roth, 59 Mo. 400. So after expiration of his term he has the right to mali> 407; P.ndrrgast vs Rlchanls. 2 Mo .\pi>. 1''7. ( itiii piilii t li»n iiimI ^lutiii f iiri-<« of I'rcNlflent mI' Itoitril mid 4'i»iiip- trollrr. — .V .specini lax-hill is not void ti.'Ciius.- the Pr<'sidi'iil of the Roard of Public Improvements re um."; and that tax-hills signed hy such "presld.-Mt ^r . '-«,.•• are void; they must be signed by the President of the Board. 414 CHARTER OF THK CITY OF ST. LOUIS. lART. VI. Sec. 25. So also in Eyerman vs. Payne. 28 Mo. App. 72. it is liehl tliat while special tax- bills may be countersigned by a deputy comptroller in the Comptroller's ab- sence or sickness, where it is shown that there is sucli an officer, because tlie duty to contersign is ministerial or formal, yet the ordinance under which such deputy was appointed must be proved: and if signed by the deputy it is void unless signed by him in the name of his principal. Sec. 25. Siieoial tax bills to be u lien on property — eolle<'te«l in name of eonti'actor — interest — eity 3Iar- slial to serve notiee — aetion for false return — suit by at- taehnient ajiainst non-resiilent.— Said t;ix bill shall be and be- cumi' ;i lieu uu tlii- property eharged tlierewitli, aud may be col- lected of the owner of the laud, and in the name of and by the contractor, as any other claim in any court of comj)etent jurisdiction, -with interest at tiie rate of six i)er cent i>er annum after tliirty days from notice of its issu- ance, as hereinafter provided, and if not jtaid within six months after sucli notice, then at tlie rate of ei,t>lit per cent per annum from the date of said notice; prorith'd. hoircvcr. tliat special tax bills payable in installments shall bear interest as hereinafter provided. It shall be the duty of the City Marshal, at the request of the holder or owner of any tax bill issued under this Charter, to serve upon the party or ]>arties named in such tax bill, a notice of the issuance thereof, which service shall be made in the manner provided l)y law for the service of writs of sununoiis in civil cases. The re- turn of the City ^Marshal as to service shall be conclusive of the facts there- in stated, and any jicrson who may be injured by a false return shall have his rifiht of action for damages resulting therefrom against the Marshal on his official bond. For the service of each such notice the Marshal shall be entitled to the same fee as may be allowed by law for the service of a writ of summons. Whenever the ^larshal shall make a return of "not found" against any party, the institution of suit thereafter shall lie deemed and taken to be the ecpiivalent fif such notice of and demand of payment. Iii case the owner of the ground is a non-resident of the State, suit may be brought by attachment, which shall be equivalent to notice, and a demand for jtayment. See n/«- ridcd. hoircrcr. that the nwiii^i-. m- any |icisiiii lia\iii;^ an inicicsi in the jiroperty charf^ed with a tax bill may pay the same in full at an.\ tiiii(» within Ihii'ty days after notice as alVu'esaid. witluMit interest, and sucii owner or jierson havinj; an interest may pay such tax bills in full at any time by payiuf; interest thereon as follows: If paid at or beloi'e maturity and more than thirty days after notice, as aforesaid, at ilic rale of six |ici- cent per annum from date of notice to date of |iaymeni: if paid alter ma- turity, at the late of six jier cent per aniiiini limn dale uf initice to date of maturity, and at the rate of ei>;lit ]ier cent ]ier annum from date of ma- turity to date of payment; all interest shall be jiayable annually from dale of notice of the issuance of tax bills. If any installment of any such spe- cial tax bills, or any interest on any installment, be not ]iaid when due. then, at the ojition of the ludcler thei'eof. all remaininj; installments shall become due and collectable. toj;ether with interest thereon as aforesaid. Suits may be brouj;hl to enforce the payment of sueli siiecial tax bills, or any installment or installments thereof, with any interest du(> on any in- stallment, in the manner herein provided for the brinj;inj; of such suits on other special tax bills. .. Woi-ston. 176 Mo. -19; Pcrklnson va. Schnanko. 10.S Mo. App. Z^ta (rharactiT of ' Is prop- erly refused: Heman vs. I.jirkln. 108 Mo. App. 392. 397; Heman Const. Co. vs. L«evy. 179 Mo. 455. 470. And the defense (In reduction In the amount) that the contract was not per- formed In a workmanlike manner, can only he made upon tender of the amount Justly due for the work done: .\sphalt Co. vs. Ullman. 1.17 .Mo. I. c. 570 (under St. .In«..i.i, .i.i.ri. 1- "i.|.-h In this respect la like that of St. Louis). 4lti chaiitf:k ok the city of st. louis. [art. vi. Sec. 25. And a strict tompliance with the work prescribed has never hefn insisted upon by the city as a condition of acceptance: See cases cited in this noto herein- after. So recovery pro tanto is also allowed where the ordinance under which theworlt was done was partly valid and partly invalid: See cases in note to sec. 15 of this article. And by sec. 2S of this article, provision is made for timely objection by any citizen or taxpayer that the work is not being done according to contract (while in progress), and for an examination and decision by the Board, etc.. with power to make such order as shall be just and reasonable, carried out by ordi- nances: R. C. sees. 1922-1932. Ai*ti(»n to Knforee Tux-Bill — Mature of l.inhility — KNNentiiilM ttt \'allclity. There must i>e a special tax-bill made out in accordance with law; and there can be no recovery unless the special tax bill sued on is put in evidence; there cannot be scire facial or execution on the original condemnation judgment in wliich the amount of benefits is fixed: St. Louis vs. Brinckwirth (decided May 29. 1907. and at this writing not yet reported), overruling Kyssell vs. St. IjOuis. 168 Mo. 607. Proceedings against property owners to enforce special tax-hills for local im- provements are in the nature of proceedings in rem to enforce the lien on the property and compulsory payment can only be made by a sale of the assessed property, not by judgment in personam: Barber .\sphalt Co. vs. St. .^oseph. 183 Mo. 4r)l (citing numerous cases and showing the abandonment of the former theory that they could be enforced as personal judgments) : Heman (^onst. Co. vs. Loevy. 179 Mo. 4.tS. 471; Hill-O'Meara vs. Sessinghaus. 106 Mo. .\pp. 163 (con- struing a sew<'r bill judgment as not being personali : St. I^oiiis vs. Allen. 53 Mo. 30. The lien is against each lot severally, though the bills be issued serially, and where in a condemnation proceeding, in order to clear the title of the liens of tax-bills, a certain sum is paid into court by the city by consent of all persons interested, such sum stands in lieu of the lots, and if insufficient in the end to pay the bill and interest, that will not make such hills a lien on adjacent lota against w'hii-h the bills were not severally issued: Ross vs. <^ates. 117 Mo. App. 237. Public propert.N' held for public uses is not subject to special taxes, nor can a general judgment be rendered against a public corporation, unless the legisla- tive power has clearly so enacted: St. Ix)uis vs. Brown. 155 Mo. 545. 560; Barber Asphalt Co. vs. St. .Joseph. 1S3 Mo. 451, 455. and cases cited: Clinton ex rel. vs. County. 115 Mo. 557. As to what propert>- is subject to special taxation :in(l wliat is (-xcmpt. see note to sec. 14 of this article. But the proceeding is not so strictly in rem as to bind persons not parties, etc.: See .Taicks vs. Sullivan. 128 Mo. 177, 1S2, el set;-, and cases there cited; Stadler vs. Roth. 59 Mo. 400: and see further, succeeding paragraphs of this note. The ability of a city to create a lien on the property of the abutting owner for street improvements is not founded on any pre-existing right, but is i„ invitum. and rests exclusively on a substantial adherence to tlie method prescribed by the ordinances authorizing the same, and of the charter as the basic power: Paving Co. vs. Munn. 185 Mo. 546. 574: Kiley vs. Oppenheimer. 55 Mo. 374: Rose vs. Tres- trail, 62 Mo. App. 352: Smith vs. Westport. 105 Mo. App. 221. 224: Construction Co. vs. Geist. 37 Mo. App. 509. 512-513; Independence vs. Gates. 110 Mo. 1. c. 385. See also Klsberry vs. Black. 120 Mo. App. 14, 23. and Kxcelsior Springs vs. Rt- tenson, 120 Mo. .\pp. 215. .\nil tlu-re must in* a fair compliance with all ciuuiitions precedent, wliether re- quired by cliarter or ordinance; but a construction so strict as to defeat the obvious intent of the ordinance for improvement is not required, nor is a literal compliance reiiuired: Cole vs. Skrainka. 105 Mo. 303. 308-309; St. .Joseph vs. r,andis. 54 Mo. .\pp. 315, 322. 325: Allen v.s. Rogers. 20 Mo. App. 295-296. A strict compliance with ordinance and contracts tliereunder prescriliing the manner in which the public improvement shall be made, has never been re- quired as a condition to the acceptance of the work by the city, or to the validity of the tax-liill for the cost: StelTen vs. Fox. 124 Mo. 630. 635; s. c. 56 Mo. App. »: Sheeluui vs. Owen. 82 Mo. 458. ART VI. Sec. 25.] CHARTER OF THE CITY OF ST. LOUI3. 417 Especially Is this the case where the non-compliance was not the fault of the contractor, but of the city ofricials: Eyermann vs. Provenchere, 15 Mo. App. 258 (conflict between plans and ordinance). Acceptance of the work Is not a Judicial act of the commissioner, and he may correct his decision If rendered In consequence of clerical error In hl.i office: Eyer- mann vs. Provenchere. supra; citing Prendergast vs. Richards, 2 Mo. App. 187. Where the ta.x-blll Is void, recovery may be had on now tax-bills thereafter Is- sued which are valid: See note to sec. 24 of this article. Although a material departure. going to Its substance, avold-s the tax-bill: King-IUII vs. Hamilton. 51 Mo. App. 120. 121. As to partial completion of work called for. see note to sec. II of this article. In an octlon on a special tax-bill for benefits growing out of a street opening or widening proceeding, or change of grade, the claim that there was no benelU, or that there has been no compensation for property taken, or other matters that could have been or were ral.sed In the original proceeding, cannot be raised in an action to enforce the special tax-bill Issued therefor: See cases In note to section 2 of this article (under "Conclusiveness of Proceeding," etc.). Nor can the owner In an action on a spcQlal tax-bill for street construction or other local improvement (where there was no original court proceeding), raise the question that he has not been benefited, nor that there was no necessity for the Improvement, nor other matters of that kind, which are legislative In char- acter: See authorities in note to sec. H of this articlo. "All these obstructive measures and technical defenses upon which property owners resist the payment of special tax-bills after getting the benefit of tlie work, result In permanent Injury to the city and to the holders of property therein." as It compels the contractors to demand higher prices for the work: Thompson. J., in Eyermann vs. Provenchere, 15 Mo. App. 1. c. 263. The officers under the charter of St. Louis are selected presumably on account of tlielr fitness and integrity, and their intentions are presumed to be honest, and that In performing their public duties they deal fairly and Justly with citizen and property owner: Bank vs. Woesten. H7 Mo., 1. c. 181; Barber Asp. Co. vs. Hezel, TS Mo. App., 1. c. 152. "Action by the city officials In regard to Imposition of special taxes for a street improvement comes within the protection of the general maxim that public of- ficers are presumed to have rightly acted until tlie contrary is made to appear. It is a grave error to suppose that tlie law looks with any disfavor upon these special bills for street Improvement. They are to be treated with the .same fair- ness and Justice that should be accorded all public acts and a want of conformity to law Is not to be presumed as to such governmental action any more thon to other proceedings of public functionaries": Barclay. J., in Asphalt Pa\". Co. vs. Uilman. 137 Mo., 1. c. 568; to same effect: St. Joseph vs. Farrell, 106 Mo. 437. But persons dealing In special tax-bills or taking contracts for city work aro conclusively presumed to know the law. and at their peril to see that it Is com- piled with: Carroll vs. St. Louis. 4 Mo. App. 1!)I. 192-193; Pryor vs. Kansas City, 153 Mo. 135. 142, 160. See cases and discussion In note to Art. XVI, sec. 7. Ownem nnd nniiiDii As to where owners hold undivided interests, see Louisiana vs. M.-.\lllster. I'll Mo. App. 152. Where name of one co-owner is omitted from bill, see Farrell vs. Rammelkamp. •;4 Mo. App. 425 (bill not prima facie evidence as against htm). Where minors hold undivided Interests, see Horstmeyer vs. Connors, 56 Mo. App. lis. 121. Life tenant and remaindermen, see Bobb vs. Wolff. 54 Mo. App. 515. Property held in trust, beneficlarj- proper person, but trustee's name not neces- .sary as owner: St. Louis vs. Creamer. 43 Mo. 552. Parties to deed of trust, on the property: See St. Louis vs. Dc Nouc, 44 Mo. 136. "The owner" against whom the proceeding to enforce the apeclal tax Is brought. In the absence of notice to the contrary, is the record owner, and a pur- 418 CHARTER OF THE CITY OF ST. LOUIS. [ART. VI, Sec. 25. chaser at the sale thereunder gets a good title against an unrecorded deed of whicli the purcliaser has no notice: Vance vs. Corrigan. 78 Mo. 94; Smith vs. Bar- rett. 41 Mo. App. 460. 465; but as to actual notice, see cases cited in Stuart vs. Ramsey, 196 Mo,, 1, c. 414. (See cases to same effect under sales for delinquent general taxes, referred to in note to sec. 491 of "Laws Specially Applicable to St. Louis"). But if the person in whose name the property stands of record be dead when the suit is instituted, it is void; the interests of his heirs or devisees in the land are not divested: Jaicks vs. Sullivan, 128 Mo. 177, 187. And the record "owner" at the commencement of the suit, not when the special tax-bill is issued, is the proper party to proceed against: Smith vs. Barrett, 41 Mo. App. 460, 465 (Kansas City Charter), Mistake or omission of the name of the owner is not fatal as to the tax-bill and does not vitiate it; but the rights of such owner are not affected until he has his day in court: Eyerman vs. Scollay. 16 Mo, App. 49S; St. Louis vs. De Noue, 44 Mo. 136; Stadler vs. Roth, 59 Mo. 400 (holding that the correction could be made by erasure and insertion by the successor in oitice, but that this destroyed the prima facie effect of the bill): Galbreath vs, Newton, 45 Mo. 312; Veiths vs. Planet Co., 64 Mo. App. 207 (holding that the new tax bill, properly re-executed, has the prima facie proof of validity the same as if originally so issued). Defects In iippiirtionin]^ cost. — Nor does a slight error in computation make the bill void: Creamer vs. McCurry, 7 Mo. App. 91; Neenan vs. Smith. 60 Mo. 292. Error in theory of apportionment of cost may be corrected by issuance of new bills: See note to sec. 24 of this article. But a computation not according to law, or erroneous, niay be shown in defense of the bill: Creamer vs. Allen. 3 Mo. App. 545: Haegele vs. Mallinckrodt, 3 Mo. App. 329. 334; Gallaher vs. Bartlett. 64 Mo. App. 258. 262. A special tax-bill is void unless grounded on a valid assessment: Heman vs. Farish, 97 Mo. App. 393, 401; St. Louis vs. Brinckwirth, (decided Sup Ct.. May 29. 1907, not yet reported). Real party In Interest as plaintiff in suit on special tax-bill which has been pledged to secure a debt: Dickey vs. Porter, 101 S, W. 586, 590 (Sup, Ct., March 30. 1907). with discussion of authorities. As to proper assessment illstrlet. method of ascertaining benefits, etc. See note to section 14 of tliis article. Description of property in special tax-bill is sufficient if the property is identi- fied thereby: Const. Co. vs. Loevy, 64 Mo. App. 430. An attachment of the property subject to the tax can be maintained against non-residents not served, in aW of a suit on a special tax-bill, under the St. Louis charter: Syenite Granite Co. vs. Bobb, 37 Mo. App. 483. Demand before suit is not (at least under the old provision) a condition prece- dent to a recovery on the tax-bill: Eyermann vs. Provenchere, 15 Mo. App. 256, 271. Sufficiency of aliceations in petition: A petition alleging making of tax-bill, its contents with dates tliereof, its a^ssignment, its filing, and that defendant owns the lot described therein, is sufficient: Turner vs. Patton. 54 Mo. App. 654 (Kansas City): Vieths vs. Planet Co.. 64 Mo. App. 207. 211 (St. Louis); see also Bank vs. Wright. 68 Mo. App. 144. Prima facie evidence of a certified special tax bill: Heman vs. Larkin. 108 Mo. App. 392. 397; Eyermann vs. Blakesly, 78 Mo. 145, 148 (upholding such laws); Moberly vs. Hogan. 131 Mo. 19; Heman vs. Farish. 97 Mo. App. 393; Asphalt Co. vs. T'lman, 137 Mo. 543, 560; St, Joseph vs, Farrell, 106 Mo. 437; Nevada vs. Mor- ris, 43 Mo. App. 586. Not conclusive: Haegele vs. Mallinckrodt, 3 Mo. App. 329, 335; Creamer vs. Allen, 3 Mo. App. 545; Gallaher vs. Bartlett, 64 Mo, App, 258, 262. Tax-bills are not prima fade evidence against persons whose names as owners are omitted: Farrell vs. Rammelkamp. 64 Mo. App. 425. 428; St. Louis vs. Noue, 44 Mo. 136; Kansas City vs. Surety Co., 71 Mo, App. 315; nor do they become so even when afterwards corrected by erasure and substitution by proper officer: ART. VI, Sec. iS.) CHARTER OF THR CITY OF ST. LOUIS. 419 Stadlcr vs. Roth. 59 Mo. 400. But It Is otherwise where the tax-hill Is nnicnileil and properly re-executed by the officials: Vleths vs. rianet Co., CI Mo. App. 207-210. holding It as prima tacit evidence as If originally so Issued. Tax-bills not properly signed are not prima lacie valid: Eyerman vs. Payne, 28 Mo. App. 72. Nor are tax-bills for repairs prima facie valid for construction work: Farrcll vs. Ramnulkamp. 64 Mo. App. 425, 428. Kfituppt'l of ui\Der. A property owner is not estopped from defemllnK aj^ainst a tax-bill as b.lngr void on the ground that he stood by and made no profst when the plaintiff was doing the work which benetited his property, nor bo- cause he petitioned for the improvement to be made. A void tax-bill cannot be made valid by any act of the owner: Perkinson vs. Hoolan, 182 Mo. 189, and cases cited. To same effect: Keane vs. IClausman, 21 Mo. App. 485, 4SS; Verdin vs. St. Louis, 131 Mo. 2G 1. c. 98, but see cotilra Sherwood, J., dissenting, p. 143 tt iiQ. But It was hold that the owner of an undivided interest is estopped from seting up his partial ownership In reduction of the tax-bill where he has held himself out as sole owner: Louisiana vs. McAllister. 104 Mo. App. 152. And that a property owner cannot affirmatively Induce a departure from the ordinance and contract by his own acts, and then avail himself of the change to escape payment: Hill O'Meara vs. Hutchinson, 100 Mo, App. 294, 301. And see also St. Joseph vs. Landls, 54 Mo. App. 613, 626. So also the owner who stands by and sees the work properly done and gets the benclU thereof will not be heard to complain afterwards in a suit on the tax bills that there wero Irregularities in the proceedings In the obtaining of the contract of the contract- or, such as vague specifications as to materials, manner of work, etc., so as to prevent competitive bidding: Jaicks vs. Merrill. 98 S. W. 753, 758 (Sup. Ct, l>ec. 22, 1906). K requtrenient that the property owner flle obJeetloDH to tax-bllls in writing with a board, within a ciTtain time after issuance thereof, and be concluded from making any other defense against the tax-bills. Is unconstitutional and void: Barber Asp. Co. vs. Rlthye, 169 Mo. 376, 382. Owner onnnot dUputo benrfltM aiineHiied, nor neeeHKlty for the work, for which special tax-bills are issued In an action thereon: See cases cited In note to Art. VI, sec. 14. Coniitllutlonnl exemption* from taxation do not apply to special tax-bllls: Clinton V.-;. Co. Wts Mo. .'>')?. And see further on this and analogous points, note to sec. 14 of this article: Limitation of upeelnl tni-blll: I'nder the Charter the original condemnation for street purposes being a Judgment, the collection of the benefits assessed as resulting from the itreet opening. and evidenced by special tax-bill, was not barred In five years but only after ten years like any other judgment: Eyssell vs. St. Louis, 168 Mo. 607; St. Louis vs. Annex Co., 175 Mo. 63. But this does not apply to a special tax-bill for improirmrnis; Eyssell vs. St. Louis, supra, p. 621. See as to benefits from street openings, note to sec. 1 ri srg. of this article. As to limitations of Hen under Kansas City charter, providing for payment on Installment plan, and In case of default In payment of principal or Interest authorizing collection of all unpaid Installments, see Barber Asph. Co. vs. Meservey. 103 Mo. App. 183 (three opinions, all concurring that limitation only runs from maturity of last Installment): Ross vs. Gates. 117 Mo. App. 1. c. 244. It Is held that limitation of special tax-bill runs from date of delivery to con- tractor, not date of bill: Folks vs. Yost. 54 Mo. App. 55 (Kansas City): So under the St. Louis Charter It was held that the limitation begins to run from the date of the bill and not from the completion of the work (the question whether it begins to run from delivery or date was not raised) so that where new bills are Issued In place of former void ones time begins from the date of the new bills which supersede the former: Eyerman vs. Payne. 28 Mo. App. 72. 76. But this does not apply unless the bills first Issued are void; If only Irregular as In case of erroneous name of owner, time runs from the first: Eyerman vs. Scallay. 16 Mo. App. 498; so where the proper party Is brought In by amend- ment after the time limited for the Hen. the lien Is dead and cannot be en- forced: Smith vs. Barrett. 41 Mo. App. 460. 468; Jaicks vs. Sullivan. 128 Mo. 177, and cases cited (where the suit was originally brought against one deceased). Drllrery Is presumed on day of date of bill in the absence of any evidence: St Louis vs. Armstrong. 38 Mo. 29. 33. 420 CHARTER OF THE CITY OF ST. LOUIS. [ART. VI. Sec. 26. The lien attaches (it was held, under a former charter) from the date of the assessment, wliich cannot be made until the work is fully completed and the precise amount of its costs ascertained: Anderson vs. Holland. 40 Mo. 600. 601, relying- on St. Louis vs. Clemens, 36 Mo. 467 1. c. 473. Under the present charter (Art. VI, sec. 24). the special tax-bills do not become a lien on the property chargeable with the cost of the work until they are delivered to the party designated in the charter to receive them: Mercantile Trust Co. vs. Niggeman, 119 Mo. App. 56, 62 (relying upon Everett vs. Marston, 1S6 Mo. 587. construing- the Kansas City charter, as determining the question). Action agralust city for failure to permit contractor to complete work, when barred: Ash vs. Independence. 103 Mo. App. 299. The City of St. Louis Is liable to a contractor for street improvenients -where by its own acts it prevents the Issuance of tax-bills and orders the work it contracted- for to be stopped without cause: Steffen vs. St. Louis. 135 Mo. 44, 51; see also Chambers vs. St. Joseph. 33 Mo. App. 536, and Dist. Columbia vs. Lyon, 161 U. S. 200. Where the Charter provides that the city shall not be liable on the special tax-bills, the fact that the supposed street is really not such, which renders the tax-bill void, does not entitle the contractor to recover from the city, though the work be com- pleted according to contract: Carroll vs. St. Louis, 4 Mo. App. 191. But see Murray vs. Kansas City. 47 Mo. App. 105 (where there was no such limitation shown as exists in the St. Louis Charter). , An action lies against the city to remove a cloud on title caused by the issuance of a void special tax-bill purporting to be a lien: See full discussion in Verdin vs. St. Louis, 131 Mo. 26, 74-SO, 100. and in dissenting opinion in the same case, 108 €t seq., also 152 et seQ. See also as to cancelling special tax-l>ill, Heman vs. Skinker, 148 Mo. 379. In.stullnientR (under Kansas City charter, when due and how pleaded): Jaicks vs. Merrill. 98 S. \f. 753 (Sup. Ct. Dec. 22, 1906). Sec. 26. Special tiix bills may be assigned — formality re- quired—payment. — Sufli special tax bills and lien thereof shall bi- assig- al)le. Each ami every transfer of special tax l)ill shall be reuistered in the ofSce of the comptroller, and no transfer thereof shall be valid or effectual until it is so registered. Every transfer sliall be in writ in", and witnessed by the Coiuje troller personally, or by one of liis dejiuties. duly ackno\\'ledf;ed before ;i notary public, or other officer authorized to take acknowledgments, and in each transfer there shall be designated the City Treasurer or the name of some bank or trust company located and doing business in the City of St. Louis, to wliom payment of the said tax bill, or of any of tlie installments thereof, or of any interest on any installment thereof, may be made at or after maturity; and i>ayment made to the rocure the partial or total entry of satisfaction of such tax bill, as the case may be, in the office of the Comi)trol]er on pre.sentation to the Comptroller of flie tax bill duly re- ceipted, or on presentation of a receipt of the City Treasurer or of sucli designated bank or trust comjtany showing such ]iayment. All iiayments made to the City Tr(>asnrer shall be by him jiaid over to the party or parties entitled thereto ni)oii the warrant of the Auditor. This section, like those preceding, was one of the amendments adopted Oct 22, 1901. Special tax-bills were assignable under the old charter provision as a matter of law; as to this, and what is sufficient to establish assignment under the old Charter see Bambrick vs. Campbell, 37 Mo. App. 460. 462. See also as to assign- ment under Kansas City charter: Dickey vs. Porter, 101 S. W. 5S6 (Sup. Ct. March 30. 1907). Substitution of assignee by amendment in pending suit: Springfield vs. Weaver. 137 Mo. 1. c. 670. ART. VI, Sec- 27.] CHARTER OF THE CITY OF ST. LOUIS. 421 CONTRACTS FOR PUBLIC WORK. S.<'. JT. A.HstMubly t°4>i-l)i«l(li>n t<» <-oiitrarl for public work — H. I*. I. t<» siibmil ordiiiiiiKT for proposrtl work — ;i(lv«'r( isiii<>: for bids, ri><|iiisii«'s (((iitriul (o Uv \vi lo "lowrsl rcsponsiblo l»i(bU'r" — oiM' biniiit; t'aiUMi (o <-ai-r\ *n\t prior »-oii(iact with «'i(.v diM'iiM'd not rcspoiisibh' -bids may be re.j«M't«Ml — siir«'ties on contractor's bond. — Tlio Asscmldy sliall have no jxiwcr (liriTily lo (■uiiti';ut lor any i>iililic work or imiiruvcmciii. or rcpaii-s llicrcof. I i>Micini)lati'(l by this Charter, nor to tix tlie price ov rate llicrcror; l)ui in all la.si's, e.Mi'iiI in case oi' cnici'iifniv woik or ncccssar.\ rc|iairs rc(|iiir- in;.; ]ii-oniiit aitcntion, X\u- iJoard ol I'ulilic I iiiiU'oMMiicnis shall jire- pai't' and submit to the Asscnilily an ordinance, with an estiniale of the cost enilorsed thereon by the l'resi(h'nl oC the Hoard, anihoriy.inji; the doiiifi of any jiroposed work. and. iin bids will be received, and shall let out said work by contract to the lowest responsible bidder. .\ny other mode of letting out or contracting for work shall be held as illegal and void. But when so provided in the ordinance authorizing or directing the work to be done, the advertising may be for a dilferent jieriod, and in other j)apers than tliose provided above. No security on any bond shall be taken unless he shall pay ta.xes on ]iroperty ecpial in an amount to his liability on all bonds on which he may be sectirity to the city. And no contract shall be made under this section without bond for ils faithftil performance, with at least two suflicieiit securities. No person, tirni or cor- poration shall be deemed such a responsible bidder who has failed or re- fused to fully carry out any jirior contract let lo him or them for doing auy work conteiiiplated by this Charter; provided, hoicercr. that the said Koard of Public Improvements shall have full ]iower and authority to reject all bids so advertised for and submitted, whenever, in its judgment, the inter- ests of the city nuiy require, and in such event shall, in like manner, re- advertise for bids for such work. See note below. Certified <-liccks to accompany all bids — All biils for the doing of public work shall be accompanied with a certilied check on some bank or trust company in the City of St. Louis, payable to the order of the Treas- urer f)f the City of St. I.ouis. for the amount of the deposit re(]uired. en- closed in the sealed envelope enclosing the bid. Also an amendment adopted Oct. 22, 1901. For ordlnnnce provisions concerning the advertisements of public Improvements and the awarding of contracts see Rev. Code, Chap. 24, Art. 8, being sections 1976-199-la Im-Uislve; also sec. 1165. I'ndrr the ohnrter provisions the assembly has no authority, but the Board of Public Improvements alone Is authorized, to let contracts: See cases below cited: but the water commissioner has the power of "doing of all work, and the furnishing of all materials and supplies for the water works." etc., except where It Is not practical to do so by contract: and all contracts must be approvi-d by the council: Art. VII. sec. 3. And the Commissioner of Supplies purchases all articles needed by the city in Its departments, etc.: Art. IV, sec. 29: but the fire chief In emergencies may make certain purchases with the Mayor's approval: Art. XI. sec. 2: and all printing and binding Is contracted for by the Register, on public lettlngs. subject to council's approval, with provision for temporary contracts, etc.: Art. XV. sec. 1. What in pabllr norki Under the provision that the B. P. I. Is to lot all con- tracts for public work, the Board of Health has no power to contract for re- 422 CHARTER OF THE CITY OF ST. LOUIS. [ AUT. VI, .Sec. 27. moval of garbage, and such a contract la void: State vs. Butler, ITS Mo. 272. See as to garbage ordinances R. C, Ch, 11. Art. 10, sees. 1196 and following, and see notes thereto. A contract for erecting boxes on the streets for waste paper is public work and must emanate from the B. P. I. or be void: State ex rel. vs. St. Louis, 161 Mo. 371. An ordinance authorizing the present purchase of existent property (water pipe laid by citizens with the city's consent) cannot be considered as public work within the meaning of this section: State ex rel. vs. St. Louis. 169 Mo. 31, 37. I.ettInK out iTork to loneat rv«ponNlbIe bidder: (.See also R. C, sees. 1987 el seg.) This clause is not violated because the contract included provisions of ordi- nance requiring dressing of all stone to be done in Missouri: See cases cited in next section (28) of this article. This clause, (sec. 27) is not violated because of the selection by the Board of Public Improvements of a patented cement, manufactured by only one company, as a binding for the macadam used: Swift vs. St. Louis, ISO Mo. 80, and authori- ties cited. Nor because of the selection of an article of paving exclusively made by a given group of persons, or exclusively within the control of one concern: Asphalt Co. vs. Hunt, 100 Mo. 22; Swift vs. St. Louis, 180 Mo. 80; Verdln vs. St. Louis, 131 Mo. 26, 91, 100, 168: Paving Co. vs. Field. 188 Mo. 182. In Virdin vs. St. Louis, 131 Mo. 26, Judge Sherwood points out (pp. 1 61-164 ) that sec. 29 of Art. IV of the Charter applies exclusively to the Supply Commissioner, who has no discretion, and that it is Independent of sec. 27 of Art. VI, which applies to the Board of Public Improvements letting out the contracts to the lowest respmtsibU bidder, thus according discretion. In the one case it Is a conti-act of purchase, in the other for work. See also as to discretion in selecting lowest responsible bidder, and the pre- sumption of right acting by the board to the citizens as well as property owners: Bank vs. Woeston, 147 Mo. 1. c. 483; Clapton vs. Taylor, 49 Mo. App. 1. c. 123 el sea.: Gibson vs. Owen, 115 Mo. 258 (allowing award to next lowest bidder with- out readvertislng where the lowest one declines to comply with the require- ments after being selected). And where there is such discretion mandamus will not lie: State ex rel. vs. McGrath, 91 Mo. 386 (state printing). Also see cases in note to sec. 25 of this article, as to presumption of right acting by the officials. Nor is a contract invalidated on the ground of interference ■with the determina- tion of who is the lowest bidder, or as including terms for repairs with those of construction because it contains a clause that the street or improvement, after construction, shall be maintained by the contractor for a number of years, even when the advertisement for bidders, and contract Itself, includes separate terms and conditions for the construction and for the maintenance: Bank vs. Woesten, 147 Mo. 467. That such a provision is not one for repairs but merely for the quality of the work at the outset being sufficiently good to last for the time specified is held in numerous cases cited in note to sec. 15 of this article; see also note to sec. IS. It was held in Allen vs. Rogers. 20 Mo. App. 290, that a contract was not invalidated because of uncertainty as to the lowest bidder because containing a clause that the contractor shall do such extra work as the street commis- sioner shall direct at a price fixed by the commissioner; the court holding such clause to refer only to work resulting from unforeseen circumstances in carry- ing out the contract. That there Is but one bid does not, of course, invalidate the contract: Barber Asp. Co. vs. Hezel, 76 Mo. App. 1. c. 152. Mistake in biil; withdrawal of bid by contractor, etc.: See Moftett vs. Rochester, 173 U. S. 373 (under charter of City of Rochester). As to lo.-^t bid see Morlcy vs. W.-akl.-y. 86 Mo. 151. 157, C'on(riiotor*M boD. Where one of the days of such a publication is Sunday, this does not nuike the notice Illegal: Clapton vs. Taylor, supra. Barber Asp. Co. vs. Muchenberger, 105 Mo. App. 47: St. Joseph vs. Landls, 54 Mo. App. 315. 324. Nor Is it fatal that on the day of the letting there Is no publication (at least If there can be no publication on that day): Clapton vs. Taylor, supra: Barlier Asp. Co. vs. Muchenberger, supra (where the last publication was on Sunday, so that there could have been none on the day of opening the bids). A news- paper does not prove Itself: the publisher's affidavit is prima fade correct: to show that a publication did not take place as therein stated it is not sufflcient simply to produce what purports to be a copy of the newspaper, but such copy must be shown to have been Intended for circulation: Koss vs. Gates, 117 Mo. App. 237, 246 el sea. (discussing also elTeet of a special or "Four O'clock" Edition omitting the advertisement). It was held by the court of appeals that where the advertisement for the letting of the contract was had before the expiration of the 10 days after the approval of the ordinance which must elapse before the ordinance goes into effect, the tax-bill issued for the work done under the contract was void: Keane vs. Klausman, 15 Mo. App. 3G (s. c. 21 Mo. App. 485); but this case was overruled by the Supreme Court in Spring- field vs. Weaver, 137 Mo. 650 (holding that under the Charter, in that case of Springfield, It was immaterial whether the advertisement preceded or followed the passage of the ordinance). Hvlii.i III 111.- li'iiliiK docs not invalidate the tax-hill: .lalcks vs. Middlesex, 9S S. W. 758 (Sup. Ct. Dec. 22. 1906). As to delay by the contractor In com- pleting the work, see note to next section. Spc. '2S. IniproN cmciil ordinances (o <-(>ntain succifK- ap- l>r(»i»riation \^(>I•lv nia> Im- «l<»nt' in paiis, but ap]>r(>pi'ia(ion shall Im" ina(l«' lor «'afli part. — Kvcry oriliuanrr rrquirino- woi'k \>< lie (liiiic sliall ('(iiitiiin a specific approiiriatioii Iroiii tlu' pfopcr revcmu' and I'lind for siicli i);irt riicn'or, as may be ]ta.val)le liy llie city based uikhi an estiinale of cost, to he endorsed by tlie rresident of riie Koafd of l'iil)lic Improvements on said ordinance, for tiie wlioU' of the cost of tiie projiosed woric. I'lori'Ii'd. Iiniri 11 r. liuit when the work c(iiiteiii](hiled l)y siicii (irdiiKince is of siicii maji;- nililde tiiat the tol;il cost thereof would exceed the ;iiihmiiiI of money then in the city treasury. ;iiid availalde for such imrjiose, the oiiliiiance may |)rovide for ilif whole work, wiiicii shall prescribe that it shall be contracted for and done in sections or parts as the Assembly shall, from time to time, appro- priate the money to pay for the same. But in all such cases the work to be done in sections or ]i:irts shall be limited to the amount apiirojirialtMl for the doiiiji of such sections or parts, and in this manner iiltini;itely to com- plete the work specified. S.-.- not.- I, .-lew. ( Out i';i(t |>r'(i\ isioii — snspcnsioii of work on (-oni|>laint — U. I*. I. to i'\aiiiin«' and report — ••os(. — livery contract shall contain a clause to the cirrri ili:ii ii i.v .-ulijci I In the pro\isions of the charter, that the a^j;re;,';ite payments thereon sh:ill be limited by the amount of siicli specified a|i]iropriation. and that, on ten days' notice, the work under said c(Mitract may. without cost to or claim ajxaiiist the city, be susj)ended by said Itoard wifh the approval of the Mayor, for want of means, or other substantial cause: /iniridiil. that on the complaint of any citizen and taxpayer, that any public- woi-k is bein^ done cnntrary to I'onti'act, or the work or material u.xed is iiiiperfeit or ditfereiit fioni wh;it was sti|iul;ited to be furnished or doni'. the said l'.".ird shall examine into the cninphiiiit ;ind iii:iy ;ip|Hiiiit two or 424 CHARTER OF THE CITY OF ST. LOUIS. [ART. VI. Sec. 2S. more members of said Board to examine and report on said work, and after such examination, or after eousideriug tlie report of said commissioners, tliey shall make such order in the premises as shall be just and reasonable, and what the public interest seems to demand, and such decision shall be binding on all parties: the cost of such examination shall be borne by the contracror. if such complaint is decided to be well founded, and by the complainant, if found to be groundless. Amendment adopted Oct. 22, 1901. <'ontract provisions: See ordinances Rev. Code, sees. 270, 191S et seq., 8S4 and following. A provision in pursuance of an ordinance that all stone used be dressed in the State of Missouri is valid: Allen vs. Labsap. ISS Mo. 692, 698; or at least will not make a tax-bill void when it is shown that in the particular case competition was not restricted thereby: St. L. Quarry Co. vs. Frost, 90 Mo. App. 677, 689. But the ordinance upon which that clause was based was held void in St. L. Quarry Co. vs. Von Versen. 81 Mo. App. 519; it was omitted from the Mun. Code 1901 and is not incorporated in present contracts, and may presumably be considered as repealed, although no express repealing act has been discovered by the reviser; See note to R. C, sec. 1921. Restriction in contract that laborers work only eight hours per day is valid: St. Louis Quarry Co. vs. Frost. 90 Mo. App. 677, 690; Curtice vs. Schmidt, 101 So. W. (Sup. Ct. March, 1907) 61, 66; (see R. C, sec. 270, and note thereto; also Atkin vs. Kansas, 191 U. S. 207). An ordinance for street improvements is not void because it leaves certain details of construction to the discretion of the proper city offlcials: See cases In note to sec, 15 of this article. A provision in a contract for public work that in order to prevent disputes and litigation, the city's commissioner shall determine the amount of the work to be paid for, and shall decide all questions which may arise relative to the execution of the contract, is valid and his estimate will not be set aside except for fraud, partiality or misapprehension of fact: McCormick vs. St. Louis, 166 Mo. 315 (two judges dissenting on the ground that the commissioner had no power to construe the contract). The power to make improvements and to let contracts therefor and to exact of the contractor a bond for the faithful performance of his contracts neces- sarily implies the power to do everything necessary for the faithful performance of the work, for the protection of the city and its citizens and for securing the best and lowest possible bids. Indeed, it is difficult to conceive of any matter of detail incident to the contract and the work, that the city might not re- quire, that a private person could require: St. Louis vs. Von Phul, 133 Mo. 1. c. 567. Bond of contractor: (See also Rev. St. 1S99, sec. 6762, and Rev. Code, sec. 1989, as to provisions in favor of material men and laborers in case of muni- cipal contracts). The bond niay be properly conditioned to require the con- tractor to pay to the proper parties all amounts due for material or labor employed in the performance of the contract; and such provision may be enforced by the persons sought to be benefited thereby: St. Louis vs. Von Phul, 133 Mo. 561; Kansas City vs. Surety Co., 196 Mo. 281, 305. See also as to contract of school district to same effect: School District vs. Livers, 147 Mo. 580. The city should not sue in its own name but to the use of the material-men: Bethany vs. Howard, 149 Mo. 504. The contract between the material men and the contractor is independent of the contract between the city and the contractor; the fact that the contract between the city and the contractor may be invalid can have no effect upon the contract between the material men and the con- tractor; and after the work is done and paid for by the city to the contractor, the latter's sureties on his bond to the city for the benefit of the material men. are estopped from claiming the invalidity of the bond and contract with the city: Kansas City vs. Surety Co., 196 Mo. 281, 1. c. 302. But it was held by the Supreme Court in St. Louis vs. AVright Contracting Co. (101 S. W. 6, decided March. 1907) that the city cannot sue as trustee of an ex- press trust for the benefit of property owners on the bond of a contractor who had entered into contract with the city for the grading and paving of streets, but who in violation of his contract refuses to do any work, thus compelling the city to relet the work to another at a higher price, which the property ART. VI, Sec. 28.] CHARTER OF THE CITY OF ST. LOL'IS. 425 "wners have to pay in special tax-bills. The form of bond as at present In use in such cases does not explicitly confer on the property owners a right to sue on it. and the court held no such right existed, thereby depriving the property owner of all redress against a contractor who violates the contract made by the city, thus announcing that while the city may bind the owner's property to pay to the contractor for the improvement, yet it has no riglit til protect him if the contractor violates his agreement to the city. Time for romplrtlaii of nark: The tax-bill will not bo void If the work is lompleted within a reasonable time, psovlded no ordinance provisions regulate the time and the contract provides certain deduction to be made If the work be not completed within a certain specified period, thus manifesting the con- templation of a non-completion In that time: Allen vs. Labsap. 18S Mo. 692, 1)96: Heman vs. Gilliam, 171 Mo. 258, 267 tl no. reviewing all the cases, dis- tinguishing them, and overruling Ayers vs. Schmoll, Sfi Mo. App. 319: Curtice vs. Schmidt, 101 S. W. 61 (March 2S, 1907). But even under the above conditions if the work Is not llnlshed In reasonable time and the contractor does not proceed In reasonably good faith to flnlsh In the time specified in the contract, the tax-bill Is void: Schlbel vs. Merrill, 185 Mo. 53-1, and cases cited. .■\nd If the ordinance does provide within what time the work Is to be • ■ompletcd, the work must be completed within the time so specified, or the tax- bill will be void, and this even If the contract In pursuance of such ordinance contains provisions fixing penalties for non-oompletlon In time, or undertakes to extend the time, for the ordinance controls the contract whenever repugnant: I'aving Co. vs. Munn, 185 Mo. 552, 568, reviewing the cases: and see Hund vs. Rackllffe, 192 Mo. 312, 323 tl uq. .-Vnd if there is a general ordinance requiring the work to be completed "within the time agreed on" and the contract fixes that time, though the special ordinance providing for the work does not, the tax-bill Is invalid if not completed according to contract: Springfield vs. Davis. 80 Mo. App. 574 as explained and distinguished in Heman vs. Gilliam, 171 Mo. loc. clt. 267-26S: see also Hund v.s. Rackllffe. 192 Mo. 312. 323. If the contract lontain no time limit but the letting notice did specify a limit, which formed the basis of the bids, such limit will bo consld<'red as Intended: Turner vs. Spring- field. 117 Mo. App. 418. Delays caused by injunctions, bad weather, etc. (when not contracted against) furnish no excuse: McQulddy vs. Brannock, 70 Mo. App. 535, 543-545, approved In Trust Co. vs. James, 77 Mo. App. 616: and even when the contract contains a saving provision against delays on account of such matters the tax-bills are void If the work Is delayed beyond the specified time for reasons other than those excepted: Springfield vs. Schmook, 120 Mo. App. 41. And where the work Is not completed within the time required, the Municipal .\ssembly cannot, after the expiration of such time, extend the time for com- pletion and no valid tax-bill can issue; vitality cannot be given to an expired and forfeited contract: Nelll vs. Gates, 152 Mo. 585: Hund vs. Rackllffe. 192 Mo. 312, 322 el uq„ distinguishing the cases: see also Spalding vs, Forsee, 109 Mo. App. 675: Barber Asp. Co. vs. Ridge. 169 Mo. 376. But, prior to the expiration of the time fixed for the completion of the work and during the life of the contract, the assembly may enact a valid extension of the time, and In the absence of fraud, the courts will not Interfere with the legislative iletormlnatlon as to what is a reasonable extension: Hund vs. Rackllffe. 192 Mo. 312. 325: see also Hilgert vs. Barber Asp. Co., 108 Mo. App. 3S4. 395 rl ttq. and cases cited. So where no time is fixed and the extension Is given before the expiration of a reasonable time: Sparks vs. Villa. 99 Mo. App. 489. Delay in the uitinx of the contract (the terms of the contract being observed by the contractor) after the passage of the ordinance, will not defeat recovery on the tax-bill: .liiliks vs. Middlesex, 98 & W. 759 (Sup. Ct. Mo., Dec. 22. 1907). Sprrlfle niMinipriii ihm : See R. C. sec. 1920. The provision of sec. 28. Art. VI, applies onl> tii <<>riiiaoken of shall be and become a lien on the projierty charged therewith from the first Monday in April in each year, and shall be prima favk evidence of the liability of the property charged therewith to the extent and amount therein specified, and may be collected of the owner of the land in the name of and by the City of St. Louis as any other claim in any court of competent jurisdiction, with in- terest at the rate of six per cent i)er annum from the tirst day of May in each year, and if not paid by the first day of June in each year, then at the rate of eight jier centum per annum from the first day of April in each year, and they shall be issued and collected in the manner hereafter pro- vided by ordinance. The cost of the sprinkling shall be paid out of the city treasury to the contractois. and the City Treasurer shall be reimbur.sed for such ex]ienditures by the jiroceeds of the special tax bills aforesaid. Aiiientliiient enacted at charter election held Oct. 22. 1901. OnlinnneeH concerning street sprinkling: See Rev. Code, Chapter 12, Art. 3, sees. 941-1082; sprinkling between street car tracks by car companies; R. C, sec. 1901, Special tnxulioii for nprinlvline as provided under the charter of Kansas City was held to be unauthorized and in violation of fundamental law and not within the taxing power, by Judge Phillips, in N. T. Life Ins, Co. vs. Prist, 71 Fed. (C. C.) 815. ART. VII. Seo. 1-:!. I CIIAUTKH OF TIIIO CITY Ol'^ ST. LOUIS. AKTICLK VII. 427 WATKU WORKS. SKCTION 1. Water commissioner; etc. Ills term. bond. SECTION D. Collections to be deposited In treasury dally — montbly statement to comp- troller. 10. Issue of water licenses, etc. 11. Assembly may regulate water rates — revenue from water-works, how applleil. 12. Water rates to be fixed so as to pay current expenses of works and In- terest on water-bonds — exceptional discriminations forbidden. 13. Sale or lease of water-works forbid- den — fund to renew and extend water-works, and to pay Interest and principal of water bonds. ? Water commissioner to assume charge of the department, etc. 3. Contracts for work to be submitted to council. I City to be liable for real estate taken for water-works, etc. 5. Laying of water pipe. 6 Owners of buildings may be compelled to take out water license as a san- itary measure, etc. 7. Assessor and collector of water rates — clerks, duties, etc. S. Mis salary and l>ond. Sfc. 1. >\ ator <-«Miiniis.si<>ii('i' — lii.s torin, bond, vtv. — The watir works, cxccjil llu" iis.scs.siiiiMil 111 wali'i' r;itcs iiikI llic collfcl ion of Ilic rcvc- iiiii' lluTt'froiii. sliall Ix' uihIit iIh- control and iiiaiiiifit'iiuMil of a coiiiniis- sioncr. to he known as "Walcr ( 'oiiuiiissionci-.'" wlio sliall he aiiiioiiitcil hy tlu> .Ma.vor. ami contirnu-il l)y tin- ( 'oiiinil. anil shall l)i' a duly <|iialitifd fiif^lin'cr. hold ol'tirc I'ur lour years, and j^iM- such hoiid as may lie required hy iirdinaiii'i'. Ilf sliall aii|)oim such siihoi-dinalcs as may he necessary for the iiianaijcnieni and ellicieni ipi'craiinn uf said walcr works as may lie |>rnvided hy ordinance. (Iifirtrr, .-Vrt. I\'. sec. 37. designates the general powers and duties of Water Commissioner: Art. 1. sec. 1. and .\rt III. sec. 26. clause 2, confer power to estab- lish and maintain waterworks. lor ipr.iiniiiK'rii see Rev. Code, sees. 1957-1963, Inclusive, and sees. 2001, 2005-2010. Mntiiiea: H, S. 1S99. sec. 64SS. confers power on city to contract to supply "th»T municipalities with water from Its works, also persons and corporations beyond the city limits: sec. 64S9 authorizes procurement of water from other cities: sec. 6490 authorizes laying of pipes, etc.. to carr.v out the foregoing sec- tions: s.-f. t> I'M («roviil.-.>< condeinnarioii proceedings, etc. Spc. 2 \\ ill «'r torn ill issioiuT (o asHuni«> «"liai'jit' of Hit' dt-part- llKMlt, «'!<•• — I lion the a|i|>iiiniiiienl id' the Water ( 'Kiiiiiiissiuncr iiiidiT this (haiiei-. he .shall lake cliai-;;e of the water works, and all the aiijuirlenances thei-etn. and shall assunn' su]icrvisory control over tlie oj)cratioii of the same, and enforce the iierforinance of all exisliii}; and future contracts and work: and it shall Ik» the diUy of tlie Hoard of Water Coimiiissioiiers, and all other persons liavin^ charointees shall cea.se and determine. S.-. :; ('«Mitra«"t for work h'l l»v C'ommissioiu'rtolM' snlmu((od to ('liinir of .-ill mati rial.- and supplies for the water works, shall tie let out hy the Commissioner in the same manner as other piihlic work, except in cases where it is not practical to do such work or furnish siidi materials by contract : and all contracts shall lie sulimilte*! to th*> Council for approval. Ordinance provision R. C. see. 1957, follows this section: see note thereto. 428 CHARTER OF THE CITY OF ST. LOUIS. [ART. VII. Sec. 4-6. Sec. 4. City to be liable for real estate taken for water works, etc. — The City of .St. Loui.s shall be liable for all damages that may be sustained by any persou in his or her projierty. by The taking- of any real estate, for the pnrposes necessary for the efficient oi)eration of its water works, and if the amount of compensation to be paid to any such owner or owners can not be amicably agreed upon between the city and such owner or owners, then application may be made by the City Counselor, on behalf of the city, to the Circuit Court of the Eighth Judicial Circuit, for assess- ment of such damages, in the same manner as is ju'escribed in this Charter in the matter of street oiienings. Where condemnation is authorized only in case no agreement can be other- wise attained, tlie proceeding to condemn must sliow sucli inability to agree: Graf vs. St. Louis. S Mo. App. 562. See other cases cited in note to sec. 2 of Art. VI of the Charter. For condemnation in street openings see Charter. Art. VI. sees. 1 to 12, and notes thereto. Sec. .5. Laying" of water i>ii>e. — Whenever a majority in interest of the pi-ojierty holders on any street, avenue, lane or alley, in the City of St. Louis, shall hereafter petition for water pipe to be laid along such street, avenue, lane or alley, and the laying of the same is authorized by ordi- nance, or whenever the Assembly shall, by a vote of two-thirds of all tlie members elected to each branch, declare the laying of water-pipe on any street, avenue, lane or alley, to be necessary, the Water Commissioner shall cause the same to be laid; and the cost of laying all such pijie shall be paid as provided by ordinance. The City of St. Louis has power to contract for the appropriation to its own use of water mains laid in a public street by private citizens at their own expense but with the consent of the city, at a time when the city wag short of money; and the city may pay therefor out of Its revenue and make it a part of its waterworks system: State ex rel. vs. St. Louis. 169 Mo. 31 (holding also that such acquirement is not controlled by the provisions relating to letting of Public Work). An ordinance for laying water pipes is valid although not declaring the laying to be necessary; the passage of the ordinance is equivalent to such averment and action thereon; nor is the ordinance invalid because it fails to sho^nr a two- thirds vote, the presumption being, in the absence of a contrary showing that it was legally passed: Young vs. St. Louis. 47 Mo. 492. Sec. 6. OAvners of buildings may be compelled to take out water license as a sanitary measure, etc.— The Water Commissioner may ie(iuiie owners or lessees or their agents, of houses, stores and other buildings in the city, or in such part thereof as he is ready to supply, to take out license for the use of water for such house, store or building, according to the I'ates and assessment as fixed by ordinancesof thecity for the use of water, whenever the Board of Health of tlie City of St. Louis shall, by order duly made, declare that the use of water from tiie water works of the city in any sncii house, store or building, is demanded as a sanitary measure for tiie jires- ervation of the health of the inmates or inhabitants of such house, store or building; and the said I'ate and assessment shall be paid by all such pro- jirietors, owners or lessees, or their agents, as well by those who consent as by those who refuse to i)lace in their houses, stores and buildings the water jiipe to convey the same, and shall be payable whenever the Assessor of Water Kates shall have notified the ])roiirietor, owner, lessee, or his or her agent, of the readiness of said Water Commissioner to supply such house, stoi'e or building with water as aforesaid. Tbe jiarties who fail or neglect to comply with the provisions of this section shall be subject to jienalties as may he provided by ordinance. See ordinances in pursuance of this section: Rev. Code. sees. 2462 to 2664. See also St. Louis vs. Tiefel, 42 Mo. .'i7S. I. c. 593. ART. VII, Sec. 7-11.] CHARTER OF THE CITY OF ST. LOUIS. 421) Si'f.7. Asst'ss«»raiul("(>lh'(t<>r of Wairr liatos — clerks, duties, etc. — Tln> as.ses.siiiiiit iiud collfctiuii of wul-'i- ratf.-^ s\inU In- uiidfr the cimti-ol and siijH'i-visioii of an Assossoi- and ('(dicclor of \\al('r IJatcs, wiio shall lie aii]n)inl('d liv I he M:iMir, and contii'ini'd hv ihc ('oiuuil. lie shall have autliority to a|iiniint .siicli rh'i-ks and assistants as may ht- aiitliurized by ordinance. It shall be the duty of said Assessor and Collec-tor to collect all fcveinie due. or to become due. to the <"ity of St. Louis I'of water, of •'ccniinj; to the City of St. Louis on account ol the water works thereol'. in \irtue of any ordinance now exisiiiij; or hereafter to lie jiassed. For ordinances relatliiK to Asstssor ami ColUctor of Water Hates see Rev. Code, Chap. 38. Art. 1, sec. 2447 et sfQ.; duties, sec. 2456; clerks and assistants, 2451, 2452, 2455. Sec. S. His salary and hoiul The Assessor and Collector of Water Kates shall recei\<' a salar\ to he ti.xed by ordinance, not exceediuj; three thousand dollars a year, and shall fiixc a bond of one hundred thousami dollars, with not less than four j;ood s\ireties. owners of unim iinibered i-ea I estate, within the City of St. Louis, of the asses.sed value of one hundrcil thousand dollars, to be approved by the .Mayor, conditioneil ihal he will faithfully and puiK-lually cidlect and ]>ay to the Treasure'- of the Cil\ of St. Ltuiis all moneys due and c(dlectible lor and on account of the walei- works, and tiiat he will faithfully perforin all the duties of his oflice m coi'diiij; to law. Ordinance fixing salary: R. C. sec. 2449; bond: Rev. Code, sec. 2450. His salary cannot be Increased during the term, and the period he holds over after the regular four year term l.s a part of his term so that an Increase In salary does not apply to that period: State ex rel. vs. Smith, S7 Mo. 158; and he and his sureties on his bond are liable for breaches during such holdover period; Ibid I. c. p. IfiO. citing Ix>ng vs. Seay, 72 Mo. 648 and State ex rel. vs. Kurtzeborn. 7S Mo. 9S. Sec. ".I. Collert ions lo Li- sitelicate receipts for the same, one of which shall be deposited with the (dmplroller, and one wilh ihe Andil(M-. livery failure in this respect shall be reported to the Mayor, iiiion which the Mayor may suspeml or iemov(> said Collector. lb' sh;ill monthly furnish th(> Comi>lroller with a full and eomjilett' staleineiii of :ill collections m;id(> by him, also the number of blank licenses not used. Ordinance provisions are the same; Rev, C, sees. 2457, 2460. Sec. 10. I'sxiie of water liceii>e, etc The ('•)mptroller shall idun- lersi};n all blanks recei\ed from the He{;;isier for water license, and shall issue the s;ime to the Collectoi' ami .\s.sessor of \\'ater Hales, takiiio his (ln|dic;ile ivceipts therefor, one of wliich he shall tile with the Auditor. The Comp- troller is fnrlher iiisti-ncled to (*.\amiiie the monlhly statement of Iht' said .\ssessor and Collector, and to certify to the Auditor whether it i;i correct or not. See R. C. sec L'l.'.'.' Sec. 11. Ass(Miilil\ in:i\ feyulat*' watei" rates — rt'v eiiue I'roui water rates, 1um\ iiiiplicd. — Tlie Assembly mny make alterations in the prices or rents to be paid fi-r tie- use of water from tin- water works, and the whole net income from rents and receijits of the water works, in excess of what may be necessary for eompletini;. con.structinfi, o]ieratinp and repairinj;; the 430 CHARTER OF THE CITY OF ST. LOUIS. [ART. vni. Sec. 1. water works and for interest on water bonds sliall be transferred (juaiterly 1o the fund eoniniissioners of tlie ("ity of St. Louis, and shall lie by them invested in St. Louis Water bonds, if the same can be done advanta<;e()usl_v, and if not, in other bonds of the City of St. Louis; and if none such are ]ii-ocui-able, then in bonds of the State of Missouri, or the I'nited States, and the whole sum so invested shall be set apart as a sinking fund, solemnly appropriated to and for the payment of the bonds issued for the erection of the water works, denominated "St. Louis Water Honds." and shall be applied solely to that purpose until the whole of said bonds be fully paid; and the fund commissioners sliall, whenever recpiired by the Assembly or eitliiM- branch tlii-reof, render a just, true and full account of all their re- reijits, jiaynients and jiroceedings under this section. OrdinnnccH fixing water rates, licenses, and regulations, see Rev. Code. Chapter 38, Art. 3, sees. 2468-2503. See also notes of cases cited there. As to Water Bonds see R. C, Chap. 38, Art. 2, sees. 2528-2530 inclusive. AuthoritieM; As to effect of payment of a consumer of city water under express or implied threat of shutting oft the "water, and the exaction by the city of illegal rates; and also as to nature of obligation resting in contract not taxing power, and right to require particular hydrant, and matters of that kind, see Rev. Code, note to heading of Art. 3 of Chap. 38; and to sees. 2468. 2482. Sec. 11'. Water rates to be fixed s<> as to pay eiirreiit expenses of works and interest on water Ixnuls — exeeptlonal diseriniina- tions forbidtlen. — The water rates shall be fixed at prices that shall produce revenue sufficient at least to pay the interest ujion the city water lionds, and the running; exjienses of tlie water works de]iartment. No water rate shall be allowed or fixed by any other ]iriiici]ile or considerati«in than that of pro- diicin;; revenue, and exceptional discriminations in rates are forbidden. Ordinances fixing water rates: R. C. Art. 3 of Chap. 38. sees. 2468-2502. See note to heading of See. 13. Sale or lease of water works forbidden— fund to re- new and extend water works, and to pay interest an\ llic » "oiiiiiil. wlm shall liuld ofticc t'lir luiir vcai-s. aiiil iiiiiil liis successor is ap|ir assistants, etc. — It sliall lie ihi duly of the Park ('oiiimissioner to execute all ordinauces of the cil\ reuulalin^ the inana^eineiit and iin]iroveineiit of the public parks, sipiares and jdaces of the city, and for this [lurjiose sliall have authority, with the approval of the .\layt)r. to a)>poinl such assistants and employes as may lie |ii-o\ided by ordinance. See references to ordinance provisions In note to preceding section. Sec. 3. .\iiinial a|>|>^^|>^iat ion for parks — ervision of the Park Commissioner. lOvery public park of the ("ity of St. Louis shall be provided with at least one entrance .ind exit for (lublic ns«' on each side thereof. :ippropriate to the imipose for which s:iid park may bo used. See 4 Aiitliority of "M iinicipal \ss«'iiil»ly to sell or lease parks — a<'tion to lie r;il ilicd l)\ psein)dy shall have aiilhoril,\ . upon the recommendation of llie Ituiiid of Public Improve- 432 CHARTER OF THE CITY OF ST. LOUIS. [ART. VIII, Sec. 5-6. meuts, to provide In oidiiuiuce, lor the sale, or lease, of any of the parks, places and scjuares under the supervision of said Board, but such ordinance .shall provide that the proceeds of the sale of auy such park, place or square shall be paid to the fuud couiuiissiouers of the city, and that all rentals shall be placed t(j the credit of the Board of I'ublic Improvements, for the improve- ment and embellishment of the parks of the city: Provided, hoirever, that no such sale or lease shall be made by the Jlunicipr.l Assenil)ly unless the ordinance jirovidinj^ therefor be suljmitled to a vote or the (jualitii'd voters of the city for ratification at a ouis for the amount realized by the sale of bonds authorized by an act ai)proved March 'I'l. 187-"), entitled "An act to amend an act en- titled an act to establish OTallon Park in St. ].,ouis County, and author- izing the county court of St. ]>ouis County to issue bonds for the purchase of lands therefor, and for the government of the same when established, ap- proved March I'T. 1874," and the fuud conunissioners shall ]iurchase the bonds of the city for the same. Sec. ('). Repeal of special park acts. — An act entitled --An act to establish Carondelet Park in St. Louis County, and authorizing the county court of St. Louis (.'ounty to issue bonds for the purchase of lands therefor, and to pi-ovide for the government of the same when established," approved February '1~\, 1874, and an act entitled "An act to establish Forest I'ark in the County of St. Louis, to ])rovide for the establishment and government thereof, and to pi'ovide for the issue of bonds by the county court of St. Louis County, for the purposes of said jiark, and for the ]>urchase and con- demnation of lands for the same." ajqiroved March 2.5. 1874, and an act entitled "An act to establish O'Fallon Park in St. Louis County, and author- izing the county court of said county to issue bonds for the purchase of lands therefor, and for the government of the same when estaldished." ap- pi-oved March 'IT), 1874, are hei-eby rej)ealed. See note to heading of Rev. Code. Chap. 25. and authorities cited bearing on this section. ART. IX. Sec. 1-2. ) CHARTKR OF THE PITY OI' ST. LOUIS. 433 HARBOR AND WHAUF UErAUTMENT— HARBOR.* SECTION 1. Harbor and wharf oommisifloiier. 2. Orndal term and bond — salaries, di-pii- tles, etc. 3. Harbor of the city. 4. Jurisdiction of commissioner. 5. Authority and duties of commissioner. C. Wharfase and levee dues, how col- lected, etc. SECTION 7. Collections to be credited to harbor fund. WHARF-BOATS. 8. Mooring of wharf-boats, etc. 9. Owners of wharf-boats forbidden to re- ceive commissions or charge stor- age. 10. Wharf-boats not to affect wharfage dues. •For charter power of the assembly over harbor and wharf see Charter, Art. III. sec. 26. clause 4. For municipal Harbor and Wharf regulations, boundaries, offenses, etc., see ordinances and the authorities and comments appended thereto in the notes, in Rev. Code. Chap. X, Art. 1, being sections 315 to 372. For wharfage, rates, leases of wharf, see notes and comments to Rev. C, sees. :;T3-3S3; see note to sec. 379 tor leasing portions of wharf; and note to heading of .\rt. 2 of Chap. X (preceding sec. 373) for right to collect wharfage. For wharf-boat regulations, licenses, etc., see Rev. Code, Chap. X, Art. 3 (sec- tions 3SI-392): on wood ib. Art. 4 (sees. 393-404, also 375); on scavenger dumps ih. Art. 5 (sees. 405-412). For ferry regulations, licenses, etc., and power of city over ferries, see com- ments in notes to Rev. Code. Ch. X. Art. G. sees. 413-436 (especially sec. 413). For provisions relating to Harbor and Wharf Commissioner, see in addltiop to this (Art. IX) Art. IV. sec. 38 of the Charter; and for ordinances thereon see Rev. C. sees. 1!>G4-I9n!i. 19!>9: for employes, sees. 106,'. 2012-2014, and 411. Section 1. llarlKtr aiul \\ liai I l'oiuiiiis.si«>iu>r. — Tin it is luitliy created a depart iiiciit of tlie city goveruiiieut called the Uarbor aud Wharf I >('liartiiient, which shall he under the juri.^dictioii and control, suliject to the jirovision.s of this Charier, and of ordinances not conllictin^i tliei'ewitli. of an oll'icer wlio shall be styled the "Harbor ;ind ^^'har^ Coiuiiiissiouer." See foregoing note to heading of this article, referring to the provisions con- cerning the commissioner and his oftlce. See. 2. (HVifial t* riii ;inrovi(h'd by ordinance. lie shall receive a stated salary for his services, in sncli sum as may be fixed by ordinance, and. with the ;i|iproval i>f the M;i\or. may appoint such deputies and ;issistanls as may be provided b\ ordinance. V Commissioner's salary and bond: R. C, sec. 1999. Deputies and assistants: R. C. sees. 2012-12014. 1965. See. 3. lIarl)«»rof tlH' City.— The harlwirof the City of St. Louis shall comjirise the bed nf \\w .M i>sissi|i|ii Hiver. its channels. sloui-opoi'ti()ii as llie said boats aud vessels arc owned. Orii.s or <'Ii;ir,L;(' .slur;iy:«'. — .Nn ]irisnn kiM-]iin',r nr intcrcsird in a wharf Koat in thi' City of St. Louis .vliall he allowed to cliar^'c for the stoi-au:c or foi-wai'dinji; of any freij;ht or nierciiandise jiassed over said wiiarf lioat, nor to receive any coiiiinission on said freif;hl or nierciiandise, nor to ciiarfre directly or indirectly any transient or other lioats for Ihe privilejie of landin<; at said wharf lioat. Any person, association or corporation, violaliiij; any jiro- vision of this section shall jiay to the city a tine of not less than lifly dollars for each otVense. and said Commissioner shall report every such violation to the ( 'il\ .Vlliiriiey. Ordinances In pursuance liereof: R. C, sec. 385 (seelril> of >Iuiiicipal .Vssi'mlil.\ In n'tt'icnci' to .h(im'»'( railroails — nia> s«'ll rrancliiscs or impose a prr <'api(a tax or a lax on jjro.ss riTt'ipl.s. — The .Municipal A.s.sembly .-ball have power by ordinance to (h'terniine all questions arisiii}; with reference to street rail- roads, in the cor]torale limits of the city, whether such (|iiestions may in- volve the constrnction of such street railroads, <;rantint; Ihe ri;:hl of way, or regulating and controlling them .ifier their completion: and also shall have piiwcr to sell the franchise or right id' way for such street railroads to the highest bidder, or as a consideration therefor, to impose a per capita tax on the passengers transjiorted, or an ainiual tax on the gross receipts of smli railroail, or on each car. and no street railrotul shall liereafter l)e incorporated or built in the City of St. Louis except according to tlie nbove. ;inil other conditions in this Charter, and in such manner and to ciidi extent as may Ik» jdovided by ordinance. For farthrr rbarnuU imlis|iosii ion, iiiid .siiriemlcr liificliy all liieir cliarlcred rijjlits or framliiscs. in siuh iu;imifr ami uinier sin-li terms ami eomlitioiis, as may be ]>rovl(le(i 1>\ onliiiaiiee. Ordinance pursuant to this section: Rev. Code, sec. 1900. See. 4. Uniform ^aujro rctniircMl — widtli of rail proscrilxMl. — An uniform };aiij;e shall l)e esialilislieii hy oi-din.nirr lor all siicci r;iilioads tliat may be built in the City of St. Louis, and no flat rails sliall hereafter be laid down on striM't i-aiiroads now or hereafter to l)e built, liavin{;j a leas width than two and ;i half inches in tiie llanj^e of said rail, which is used by ordinary vehicles. See Rev. Code. sec. 1879. Sec. 5. Conipanios to koep streot betwoeii rails In repair. — Street railroad coiuiiaiiics .shall keep the street between llie rails and to the extent of twelve inches outside of each rail in ]ierfecl rejiair. as nearly on a level with such rails as prail liable and that |iortion outside the rails shall be of the same material as the street itself, and the Municiiial .Vssembly shall provide by ordinance that bond or other security shall be •.n\cn by the s(>v- eral coni|)auies. coiidii ioned fm- a compliance with ilie ju'ox isimi of iliis section. Ordinance provision requiring repairs of space between rails, and regulations concerning same: Rev. Code. sec. 1882. This provision applies to street railways having an extension of their fran- chises after the adoption of the Charter: St. Louis vs. Railway. 13 Mo. App. 524: especially where the company agrees that the ordinance conferring the rights shall l)e subject to all general ordinances and charter provisions relating to street railways and applicable to extensions: St. Louis vs. Mo. Ry.. 87 Mo. 151. (It now applies to every street railway company In the city, and In addition the requirement Is universally Included In the special ordinances conferring the franchises.) But such a provision does not apply to a franchise wholly granted prior to the charter provision; See State ex rel. vs. Corrlgan Street Ry.. 85 Mo. 263, I. c. 282-283. See as to the old State law as to repairs: St. Louis vs. St. Louis Railroad Co.. 50 Mo. 94. An ordinance requiring the street railway company to keep and maintain the space between the rails and two feet on either side of Its track, etc.. in good repair, does not impose any duty on the company to reconstruct; an obligation to repair Is not one to reconstruct; and a subsequent general ordinance cannot require such additional burden without the company's consent, either as an exercise of the police power or as an Inalienable right of control over tho street: State ex rel. vs. Corrlgan Street Ry. Co.. 85 Mo. 203 (arising imder Kansas City charter); and the same principle applies where It Is sought to compel the company to pave the street with designated material — this duty is not Included In the obligation to repair: Kansas City vs. Corrlgan, 86 Mo. 67. Although a street car company be required to keep the space between Its rails In repair, yet for Injuries resulting because of the streets being unsafe hy reason of said space being out of repair, the city remains primarily liable: Springlleld vs. Robertson Street Ry.. 69 Mo. App. 1. c. 523. A special tax-bill for the Improvement of a street cannot be avoided by the property owners on the ground that the space between the railway tracks has not been Improved by the contractor, where such duty rests upon the railroad 440 CHARTER OF THE CITY OF ST. LOUIS. [ART. X, Sec. 6. company: Farrar vs. St. Louis, SO Mo. 1. c. SaS; SpringHeld vs. Weaver, 137 Mo. 650, 66S; Bank vs. Haywood, 62 Mo. App. 550, 554 et seQ. It was at one time lield by the Court of Appeals that in the absence of statu- tory authority, the cost of street improvements cannot be made a lien on the abutting right of way of a railroad company: but this ruling was overruled by the Supreme Court, and the matter is now also regulated by statute; See note to Art. VI. sec. 14,_ante p. 398. And the land of railroad companies used for depot and yard purposes is not exempt from special tax for street improvements: Nevada vs. Eddy, 123 Mo. 546, 560: see also Railroad vs. Decatur. 147 U. S. 190. It was held under a case arising in Massachusetts that the legislature of a state may relieve a street car company from the obligation to repair the street between the rails, etc., "which it assumed in ordinances conferring the consent of the city, and the city cannot complain that this operates as the impairment of a con- tract: Worcester vs. Street Ry. Co.. 196 U. S. 539. See. 6. Kiglitof onerailroiul ronipaiiytinniii cars on the tracks of another. — Any street raikoad eoiuiiaiiy shall have the right to ruu its ear.s over the traek of any other street railroad comjiany in whole or in part, upon the payment of just eoinpen.satioii for the use thereof, under sueh rules and regulations as may be prescrilied by ordinanee, and it shall be the duty of the Municipal Assembly to immediately pass sueli ordinanees as may be necessary to carry thi.s i)rovisiou into effect. Ordinances in pursuance of this provision, see Revised Code. sees. 1S94 to 1S9;> inclusive. The above charter provisions and the ordinances in pursuance thereof have been fully sustained: Grand Ave. vs. Lindell Ry., 148 Mo. 637; Grand Ave. vs. Citizens' Ry., 148 Mo. 665; Union Dep. vs. Southern, 105 Mo. 562. The city cannot confer on one street car company the exclusive use of a street for its own business: Grand Ave. Co. vs. Citizens' Co., 148 Mo, 1. c. 672: Railway vs. Railway, 132 Mo. 1. c. 43. See also Citizens' Ry. vs. Detroit Ry., 171 U. .'^. 1. c. 53. Nor so as to exclude the public from the use of the street as a public thoroughfare: Nagel vs. Lindell Ry., 167 Mo. 89, 97; Ruckert vs. Grand Ave. Ry., 163 Mo. 1. c. 278. See also cases cited in note to Charter, Art. III. sec. 26, clause 2. Sec. 6 of Art. X of the Charter is in pursuance of the constitutional powers con- ferred on the city. A railway company accepting the provisions of the Charter containing the provision that any company shall have the right to run over its tracks by paying just compensation, such acceptance creates a contract between the city and the company, _and is, binding on the latter; nor are condemnation proceedings necessary by such other company; the Charter confers the power to make rules and regulations for determining the compensation to be paid, and also confers on the assembly power to make the award of the commissioners reviewable by the circuit court; Union Depot Ry, Co. vs. Southern Ry. Co.. 105 Mo. 562; Grand Ave. vs. Lindell Ry., 148 Mo. 637; Grand Ave. vs. Citizens' Ry.. 148 Mo. 665. The phrase "just compensation" as used in the Charter of the city and it.s ordinance has the same meaning which that phrase has "when used in the federal and State constitutions with respect to the exercise of the right of eminent domain, and when thus used "means a fair and full equivalent for the loss sus- tained by the taking for public use"; and under the ordinance providing that the court may make such order as justice may require, the court may require the company desiring the use of the tracks to give a bond to the other to secure payment of one-half the cost of renewals of rails, etc., where the ordi- nance further provides for periodical readjustments: Railway vs. Railway. 132 Mo. 34. As to what elements are proper to be taken into consideration in fixing the com- pensation, see Grand Ave. Ry. vs. Citizens' Ry.. 148 Mo. 665; Grand Ave. Ry. vs. Lindell Ry.. 148 Mo. 637. Where all elements of damages have been considered and new claims are thereafter made hut which result from the legitimate use of the other com- pany's tracks, injunction is not the proper remedy of the complaining partv Imt plaintiff should follow his statutory remedy: People's Ry. vs. Grand Ave. Ry.. 149 Mo. 245. AI;T. XI. See. 1.1 CHARTER OK THK CITY OF ST. LOUIS. 441 S.'c. 7. Kxistiii}? franrhises to bo riU'IVUi'd iiiih'ss put in use witliiii ou«' vi'ar. — All t'rancliisi's;nul in-ivilcor.-; t«i u.-;c tlic strfi-t.-< of the city Ini- sircii lailni 1(1 [nir|i(isi's luTt'tot'diH' <;raiiic(l, and nut nowin use,a:e licrchv ilcrlari'il l'uir('ili'tion of this ("liarter, coustruet the tracks and run sii-eci cars npoii said streets, lo the extent that said Streets may tiien lie linished. and also extend snch li-acks and i-nii cars on such streets as rajiidly as I lie const ruction of such streets Is coinideted. Ily Clinrter, Art. III. sec. 26, clause 11. every franoliise I'i^lit granted shall ceas^ unless the work of construction shall be begun within one year, etc.. and con- tinued to completion with all reasonable practical speed; and the giving of free passes Is made cause for forfeiture. A frnnchtNe mny be forfelleil for non-user: and a city has no right to contract that a forfeiture proceeding must be brought within six months; the State may institute quo warranto to declare a street car company's charter forfeitud, and even at the relation of the city, no matter what the ordinance conferring the franchise provides: State ex rel. vs. Railway Co.. 140 Mo. 539. A forfeiture proceeding cannot be brought by a private citizen: Hovelman vs. Railroad, 79 Mo. 632, citing numerous cases to the effect that the State must bring the pro- ceeding. But In Sprlnglield vs. Railway. 69 Mo. App. oil. it seems to be h«ld that a city can bring a proceeding to annul and declare forfeited the company's rights for non-compliance with the conditions annexed to the use of the streets l)y it; and at all events, a city Is entitled to relief in equity against a nuisance main- tained by a company growing out of such failure to observe said condition.s. Where a right of way is granted on condition of completion within a certain time, and that in the event of failure the franchise might be recalled, the pro- vision is a condition subsequent, and the rights are vested, subject to be defeated at the election of the city, for breach of condition, but not at the instance of a private person: Hovelman vs. Railroad. 79 Mo. 632; so also where the con- dition was that the company's shops should not be removed: Knight vs. Ry.. 70 Mo. 231. AiiTU LE XI. FIRE DEPARTMENT. SECTION 1. Chief of flrc department — term of of- fice — duties. .'. Power to purchase horses, etc.. with approval of mayor — purchase of en- gines, apparatus, etc. SECTION 3. May exercise police power at fires. 4. Regulations as to frame buildings. 5. Chief to Inspect all new buildings. Section 1. Cliiff of Fire DopartiHent — torni of <»lVic<'— duties. 'I'he Fire i)epartment ot liie city shall lie iiiidei' the control :iiid siiperx isiciii of a "('liief of Fire department." who shall lie appointed liy the Mayor and conlirmed liy the Council, who shall hold his office for four years and until his successor is duly ipialiti<* for engine houses, see .\rt. III. sec. 26. clause 3. For oDllnnnrrai on tho Are department. Its chief, composition of the department. s:i:.(rl'»s. duties and qualincations of the men. regulations as to right of way. ; >■ power authority, .ind other regulations, see Rev. Code. Chap. 6. sections J,s.'.-3ti5 inclusive: for fire and police telegraph department, see Rev. Code. Chap. 7. sections 306-319 Inclusive. 442 CHARTER OF THE CITY OF ST. LOriS. [ART. XI, Sec. 2-3. For Niatute relating to Firemen's Pension Fund. etc.. see Laws Mo. 1903. p. S7 (set out herein in "Laws Specially Applicable to St. Louis." in Chap. X, sees. 322 to 347); and see ordinances in pursuance thereof, Rev. Code. sees. 304, 305. Adju.*4tiueiit of dnniai^es caused by fire department, when claim is under fifty dollars: Rev. Code. sec. 302. The city la not liable for damages caused by the carelessness of the employes of the fire department in the discharge of their duties, nor for the insufficiency or defectiveness of the apparatus; the fire department was not created in the proprietary capacity of the city, for its own Ijenefit, but for the benefit of the public, and the officers of that department are not the city's agents in the sense that renders the city liable; McKenna vs. St. Louis, 6 Mo. App. 320; Heller vs. Sedalia, 53 Mo. 159. See. 2. Power to purcliase horse.s, etc., with apuroval of May- or — purchase of engines, apparatus, etc The I'hief ot Fire De- piU'tmeiit shall liave power, in cases itf eiiiei'f;eiK'\ . witli the ajiproval of the Mayor under such i'ej>ulations as may he iirescriiied h.v ordinance, to ])ur- chase or liire such lioi.ses and mules as may he necessary lor the use of his department, and sliall, witii tiie approval of the Maycu', recommend to the ('oiiimissioner of Supplies, the purchase of enf>iiies and other apparatus for the suppression or extinguishment of fires, in such manner antl to such ex- tent as may be jii-ovided by ordinance. Ordinance provision Rev. Code, sec. 2S9, is pursuant to this provision. Contracts not included in the authority aljove specified are controlled as provided in Charter, Art. IV. sec. 29; (or Art. VI, see. 27, if it be public work). Under the Rev. Ord. 1856, p. 438, the inspector of the fire department had power to order repairs to engine liouses where they exceeded fifty dollars: Robinson vs. St. Louis, 28 Mo. 4S8, holding that it was not ncessary that he should use the name of the city in contracting if he made the contract officially as in- spector. See. 3. May exercise i)olice power at fires — The Chief of Fire Department and assistant enj-iueei's ap]Miiiite(l by him sluill have the same police powers at all fires as the Chief of Police, under such I'ej^ulatious as may be provided by ordinance. Ordinance Rev. Code, sec. 296, is pursuant hereto. INSPECTION OF BUILOINGS. Sec. 4. Regulations as to frame buildings. — No per.sou shall erect within the limits of the City of St. Louis, as established by the act of the GenM'al As.sembly of the State of Missouri entitled "An act to revise the Charter of the City of St. Louis, and to extend the limits thereof/' ap- proved March 4, 1S7(>, any buildiiifj or buildino's the outer walls of which are in whole or in jiai't constructed of wood, nor u]m(ii blocks or sipiares in the territoi-y a(hled to the city by this Scheme or ("harter, that have built uj)on tluMU six or more substantial dwellinj;s or storehouses, without pro- curino; a permit so to do in such niannei' as may be provided by ordinance. See for fire limit ordinances. Rev. Code. sees. 66-6.S, and note, also see as to wooden buildings Charter, Art. Ill, sec. 26, clause 12. Sec. 5. Chief to inspect all ne\v buildings. — It .shall be the duty of the Chief of Fire I>epartment to inspect all luiildings in the cour.se of construction, and to cause to be carried into effect all ordinances relating thereto. The duties of Fire Chief under this section were transferred by authority of Art. Ill, sec. 32, upon the Building Inspector: See ordinances Rev. C. sec. 27. Also Magner vs. .St. Louis. 179 Mo. I. c. 500; note to Rev. Code, Chap. 6. AltT XII. Stc. 1-21 CHARTER OK THE CITY OF ST. LOUIS. AK'T1(1,K XII. 443 1 1 1: A l.T 1 1 D EPARTMENT. SECTION 1 Health conimlssloner- and bond. ■Ills official term 2. Board etc. of Hi-alth — meetings, quorum. 3. Duties of commissioner — appointment of emplo.ves — may e.xamlne premises shall obey orders of the board, and report annually to the board. 'i Nuisances to be reported to commis- sioner — births, marrlasres and deaths to be resristered — commissioner to have charge of hospitals, asylum, etc. 5. Superintendents of hospitals and em- ployes, how appointed. 6. Abatement or removal of nuisance — notlDcation to owners — cost of SECTION abatement to be assessed as special tax. 7. Contracts for the abatement of nui- sances. 8. Proclamation by mayor In time of epi- demics — authority of commissioner and board of health In such cases, etc. 9. Commissioner's record and accounts. 10. Duties of physicians In reference to burial certificates. 11. Weekly report of Interments to be made to health commissioner. 12. Penalty in case of burial without cer- tificate. 13. Penalty for failure to make weekly report of Interments. H. Record of proceedings of board. Set-tioul. Health ('oiiiniissioner — his olVicial t in:iii:i;;i'(l. diri-ciiMl iiiitl civiiintllcd ;is in'ovidcii Uy tliis I'liar- tcr ami U\ ordinanrcs of Ilii' Citv of Si. l,ouis. by a Hoard of llraiili as luTfiiiaftt-r |irovidi'd, and liy an ol'ticcr who shall lie dfiioiniiialcd tlic Ih-ailh ( 'omiiiissioiuM'. Up shall hf aiijioiiilcd hy the .Mavor li\ and wiih th(» approval of llu' ("ouin-il. and shall pcrloim smli diKics as iiia\ 1m' pro vidcil l)\ this ( 'hartor niid li\ uidinaiHf. Ilr sliall hold his office lor iIk» tci-iii of four years, ami iinlil his successor is dul.\ (|Ualilied. he suhjeci lo removal hy the Mayor ;is other ofticei-s. and shall possess the same ipialiti- cations as the .Mayor, and shall )ii\e hoiid in such sum as shall he ordained liy the Assemhiy. with at least two sufiicient sureties, for the faithful j)ei-- formance of his duties. Thr ordlnnnro on the Health Department appear In Rev. Code as Chap. 11, divided Into 2.'. articles (and comprising sees. 437-875). Art.2 of said Chapter treats of th" ll'Mlth Conunl.'isliinir iimi his oflUe and employes (sees. 45f Health — iiioetinffs, quorum, etc. — There is also luMvhy created a IJoard of Health wliieh shall consist of the Mayor, i who shall Ik' its in-esidinf; officer i. the presidiii}^ officer of the ('oumil. a ('4)111- missioner of INdice. lo he desi;inaled hy the .Mayor, and two regular prac- ticing; |>liysicians. who shall possess the same ipialilicat ions as the Ma.Mif. The Health Commissioner sliall he a memlu'i- of said lioard and in the ahseiice of the Mayor, the presidin;; ofticer. The Hoard shall meet twice in each wtn-k duriiij; the year. They may he convened in sjieiial session at any time hy the Maynr, Health Commissioner, or hy any two nicinlM-rs of tlie Hoard upon written notifii'ation served twelve hours before ihe dale of said mei'tin;;. Three menihers of the Hoard shall constitute a (|iioriim for the transaction of hiisiness. and it shall ha\e jiowcr to adopt rules and iv;;iilatioiis for its ;;overnment. These provisions an- track-d by the ordinances; Res". Code. sees. 437. 438. The members of the Board of Health are not state officers within the meaning of the Constitution relative to appeals: State ex rel. vs. Board of Health. 90 Mo. 10. The Supreme Court touched upon the functions of the Board of Health In the opinion In Slate vs. Butler. 178 Mo. I. c. 303 ft irt. 444 CHARTER OF THE CITY OF ST. LOUIS. [ART. XH. Sec. 3-r>. Sec. 3. Duties of Coniniissioner — appointment of enii>loyes — may examine premises — sliall obey orders of Hoar'e of Iu>spitals, asylumns ete. — It is made the duty of all ])olic<:» officers to observe the sanitary condition of their districts, and thrmigh the Chief of Police to report to the Health Commissioner promptly any nuisance or accumulated tilth found to exist in any i)ortion of the city. The Health Commissioner shall jirovide for the registration of all births, deaths and marriages occurring within the city; shall have charge of ail city hos])itals, (luarantine. insane asylums, moigiie ami city disiieiisary, and with the advice and counsel of said Board of Healili. make all necessaiy rules for the govern- ment thereol'. ~> f Duty »t poMoe to report: See Rev. Code, sees. 631; also 599. 622. ReRistrjifioii of births and ilpnths: Rev. Code. sees. 694-697. Marriasc record is kept by Recorder of Deeds. C'lmrKi' *»f ho-spitals, insane a»yln:it«. diNiiciiMarirs: Rev. Code, sec. 707. MjiIcc rii!e.s for same;/^, sec. 709. Qnarantinp: Rev. Code, Chap. 11. Art. 19. sees. S1S-S26 and note to sec. SIS; see also Charter. Art. III. sec. 26. clause 6. Sec. 5. Superintendents of Hos|»itals and employes, how aj)- j)ointed. — Tlu-iv will be a superiiiteiKli'iit of the city hospital, a su]ieriiitcii- dcut of the female hospital, a supi'rinteudeiit of t!i(> insane hospital, and a super- intendent of quarantine when necessary, who shall ]>erform liieir duties under the general supervision of the Health Coininissioner. and shall be appointed by the Mayor, with the ai)proval of the Board of Health, but all other employes shall be ajipointed by the Health Commissioner, and ap- ])roved by the Board of Health, except such as may be temjioraiily in the em])loy of llu' Health Commissioner. For ordinance provisions concerning superintendents and assistants see Rev Code, sees. 717 and following. ART. XII. Sec. B 1 CHARTKR OF THK CITY OF ST. LOUIS. 445 Sfc. (i. Aliatinu'iil «>r ii'iii<>\;il <»t niiiN;iiM-t's— iiofificatMHi »o 4»\viu'r.><— i'ost of abatoiiient t<>beassesse«l as spocial lax. — In oihUt III clViMt III!' jiliiitciiii'nr ol' iiiiisjiiitcs or rciimval of iicciiimihili'd lilili. llie Ilcallli Coiiimissioiicr sliiill luivf jiowcr. w liciicxcr in liis oiiiiiimi smli iiiiis- aiiff iir tilth exists, and aflcf ol'ticialiy .so dcclaiiMl of rci-ord i)v liic Koaid of Hi-altli. to iiotif.v tlio owuer of owners lliereol'. or his or their agents, to nliate or remove the same, either by lillinu: up. draiuiug, cleaninu. purify- ing or renioviii;; same, as the case may lie, wliieli noti<'e shall Ite served upon the owner or aj;enl liavinji ehai-;;e of said projierty, in the same mannei- as writs of summons are required to he served in t-ivil cases. If the owner, who shall have hwn so served with such notice, shall fail, within llie time indicated in such notice, which shall lie discretionary with said Health Conuiiissioner, to comply with such order, or fail to show j^ood cause to said Health Commissioner why he can not or oujiht not to comidy witli such order, for which purpose lie shall be entitled to be heard iiefore said Health Commissioner and IJoard of Health, if he so reques't it, he shall be deiMiied jiuilty of a misdemeanor, and on conviction, shall be fined not ex- ei'cdinj; five hundred dollars; and the nuisance shall be abated, ami s]iecial ta.v bills rendei-ed aj;ainst the property in same manner as ay;ainsi non- residents, except tluit notice by advertisement shall not be lunessary. If such service can not be made for the reason that the ownei-, ajjents, or other p«'rsons havin<; charjie of the projierty upon which the nuisance may exist, can not be fouml in the city, of which fact the return upon such notice of the oflicer serving; the same shall be conclusive evidence, then the Health i'ommissionei- siiall cause smli notice to be published in the newsiiapcis doiiij' the city iirinting, for two consecutive day.s (Sundays exce]tted|. Am] if within two days after the service of such notice, or after its publication as aforesaid, smh nuisand, shall be ascertained under the direction of the President of the Board of Public Improvements, in the same manner as special tax bills for street improve- ments, and the amount thereof shall be ass(>ssed as a special tax af^ainst the propeiMy so improved, or upon \\hich such work has been done, in the name of the owners thereof, of which the books of the Assessor shall be jiroof, and the ctM-tified bills of such assessment siiall describe therein the property upon which tin* woi-k was done. Said bills shall be recorur.suant hereto on abatement of nuisances see RevLsed Code. sees. 636 and foUowlnif section^; as to special taxation In general see Charter, Art. VI, sees. 14-15. and notes appended thereto. For discussion of authorities on the subject of nuisances and the abatement thereof see Rev. Code. Chap. XI. Art. 12 (see note to article heading) sees. 584-689. As to the sufficiency of service of notice provided for prior to abatement of nuisances, see St. Louis vs. Flynn. 12S Mo. 413. As to power of Board of Health to abate and the effect ascribed to It.i tUidlnirs and adjudications see St. I»uls vs. Steele. 12 Mo. App. 570: St. Louis vs. Schnuck- cnberg. 7 Mo. App. 536; also see note to heading of Article 12 of Chap. XI of Rev. Code. 446 CHARTER OF THE CITY OF ST. LOUIS. [ART. XII. Sec. 7-10. Sec. 7. (Vmtracts fortlieabatonuMitof nuisances.— All contracts for work coiiifiiiiilatcd li.v tlii.s .section nii which special tax bills are to be issued, shall be entered into bj the I'resideiit of the Board of Public Iin- jiroveinents. in the name of tlie city, based on the estimates of the cost by the I'resident of the Hoai-d of I'ublic Im])rovements, accompanied by re- ports of surveys and j)rotiles, in cases requiring the same in the judgment of such President, and shall be approved by the Mayor and registered in the office of the C'oiiii)troller. See Rev. Code, sec. 669, and, sections preceding the same (66G, 667. 662, etc). Sec. 8. Proclamation by Mayor in time of ei>iitals. jirovide necessary furniture, medical attendance and nurses, as in the opinion of the said Commissioner, with the advice and counsel of said Board of Health, may be necessary and advisable: Provided, that the amount expended shall not exceed the aii]iro]iiiation for Health De]iai'tment. The Health Com- missioner shall ha\e and exercise sucli power until he shall declare, or until the ^layor shall proclaim, that the ejiidemic or disease, in view of which the proclamation was made, is no longer imminent or prevalent, whereupon the said jiower shall cease. The same provision is made by ordinance: Rev. Code. sec. 633; see also Rev. Code, sec. 1501. See as restrictions upon receiving patients sii-lv witli small-pox. cholera or plague, Charter, Art. Ill, sec. 35. As to preventing introduction and spread of contagious diseases see Charter, Art. IH, sec. 26, clause 6; ordinances. Rev. Code, sees. 792-819. Sec. !J. Commissioner's records and accounts. — Said Health Com- missioner shall keep a record of his acts and orders; shall tile all petitions, docnmi^nts and jiapers belonging to the office, and shall keep a correct account in full of all receipts and expenditures, and shall make rules and regulations for the government <)f his subordinates. Cojiies of such rec- ords, documents, rules and i-egulations. when autlicnticated by his clei'k, shall be presumjitive evidence in any court of justice of the facts therein contained : J'roridcd. such rules and regulations are not inconsistent with this Charter, or ordinances. This provision is reiterated by ordinance: Rev. Code, sec. 452. Sec. 1 0. Duties of Physicians in reference to burial certificates — For the purpose of carrying the provisions of this article into effect, every physician who may ]>ractice medicine in the City of St. Louis shall, when a jiatient dies under his care, make out two certificates, stating the nanu'^. age. sex, color and jilace of birth, and place and date of death, together with the name ol' the disease of which said person died, one of which he ART. XII. Sec. U-H.] CHAHTKR OF TH IC CITY OF ST. LOUI3. 447 .>:\\ tiM- dullais Id llic use ol llic I'ilx ol Si. Ldiiis, Id lie rccovcfcd as |iriiviiicd I'm- in Scriimi 11 \\-\ ul iliis arliclc. See carrying out this section, ordinance In Rev. Code, sec. 827. which, however, seeks to Impose a higher penalty than as fixed by this provision of the ChiirtiT. Sir. 11 >\'*'»'kl\ ri'porl of iiitfrinciits (o lie iiiadf to lltallh ConimissioiU'r. — All nvcrsccrs, sc.xtons m- dthci-pi rsons wlm iiia> have cou- Inil d\.f [-.ulilie ^'ravcyiirds in the City of St. Louis shall inake a weekly report to the Health t'oiniiiissioner. of all intcnucnts during' the week in the eraveyard, whereof they are such overseer or sexton respectively. Said ri'porl shall specify tlie nniiies and a};es of tlie persons interred, sex, color, and place of birth, and jilacc and date of death, and also Ihe diseases of which said jier sons died. Same as Rev. Code. sec. 11. 8ce. 12. I'l'iialty in case of Imrial uithoiit rertificaU' — It any overseer, sexton, or other person liaviii<; control of a }:;raveyard, shall per- mit any jterson to be interred in said frraveyard without a certificate, stat- ini; the name. af;e. sex. color, jdace of birth, jdace and date of death. tf»- ^eiher with ihe disease of which said |ierson (lied, sii^ned liy the |iliysician who attended said person, he shall forfeit and pay a sum mil less tlian tivo nor more than twenty dollars, to be recovered as in oilier cases of mis- demeanor, before any court or officer having compelenl jurisdiction. See Rev. Code, sec. S31 (which Is similar, except that it seeks to Increase the penalty to "not less than twenty-flve nor more than five hundred dollars"). Sec. y.i. INMialty for failure to make we<>kly reporls of inter- in cuts. — If any overseer, sexton or other person eliarireil with the ])erfdrniance uf such duty, fail or iicfrlect ti> make to the Health Commissioner such rejiort of weekly interments, he sliall forfeit and pay not less than Iwenly ddllars for every such failure, to be recovered in like manner as provided in the last |irecedin<; section. See Res-. Code. sec. 832 (which Is similar, except that It seeks to fix the penalty at "not less than twenty-flve nor more than five hundred dollars"). See. 14. lifctMtl of i)roct'f(lin;;s of ISoard.— The I'luanl uf llialih sliall ke«'p a full and correct record of its proctH'dings and ai is, ami ilie clerk of s;iid lleallh Commissioner shall act as the clerk of the said llnanl. S»-f ordin.iiiceH: Kev. Cnile. .•♦iTlnins 411. 111. 418 CHARTER OF THE CITY OF ST. LOUIS. [ART. XIII. Sec. 1. ARTICLE XIII. SCHOOLS" SECTION !.• 2. City officers to assess school tax. 3. City collector to collect school taxes and to give special bond to board. SECTION 4. Rate of sciiool taxes to be fixed by board. 5. School taxes collected in extended lim- its to be remitted if in excess of necessary revenue. *Sec-. 1. [Xut ill force.] •Constitutional provisions as to Public Schools and Public School funds: Const.. Art. XI. See Scheme, section 37, with note; also sections 13 and 36. Section 1 of this article of the Charter, as originally enacted, is not in force, and is therefore omitted. The present lavs' relating to the public schools in St. Louis, or the "Board of Education of St. Louis," was enacted, and that board created, by the act of March 23, 1S97 (Rev. St. 1S99, sees. 9919-9951) set out herein, with amendments and subsequent enactments, under "Laws Specially Applicable to St. Louis," sections 497-534, (being Chap. 27 thereof). It was held (in a case arising under the former law) that the School Board of St. Louis was a public corporation, an instrumentality created by the laws to administer the trust created and assumed by the State for the education of the children of the State. It is neither a private corporation, with vested rights exempted from the general laws of the State, nor a municipal corporation proper but falls within the class of bodies corporate, now designated as public cor- porations or quasi municipal corporations: State ex rel. vs. St. Louis Public Schools. 112 Mo. 213, 21S; see also Heller vs. Stremmel, 52 Mo. 309. A school board election is one by the people within the meaning of the con- stitutional provisions: State ex rel. vs. St. L. Pub. Schools, supra: but a director is not within the meaning of a law disqualifying such officer from another office in a municipal corporation: Heller vs. Stremmel. supra: nor is the con- stitutional inhibition against holding two offices, etc., applicable so as to disqual- ify one from being at the same time a school director and a deputy sheriff: State e.x rel. vs. Bus. 135 Mo. 325 (holding also that these two offices are not incom- patible). A school district is a public corporation in the sense that it is not subject to garnishment proceedings: Tvein vs. School District of Carthage, 42 Mo. App. 460. Tlie St. Louis School Board even under the former act was independent of the city government, except that the city officers extend, collect and turn over the taxes levied by the board: State ex rel. vs. Tracy, 94 Mo. 217, 221. A board of education is not subject to execution under a judgment, and a school- house and furniture cannot be taken and sold on execution. It would greatly tend to frustrate the design and purpose of the law in respect to common schools, ■were school buildings and property liable to sale under the hammer; and injunction will lie to prevent such a sale, which though void, would cast a cloud on the property; it seems that the appropriate method of procedure to enforce a judgment against a school board is by mandamus to compel the levying of a tax to pay same: State to use vs. Tiedemann, 69 Mo. 306. Election law relating to school directors in St. Louis is not void as being special and local legislation: State ex rel. vs. Miller, 100 Mo. 439. And under the law since 1897 when the new act was passed, the school board no longer has the power to provide for the election of its members, and the expense of school board elections, and pay of judges and clerks, is to be paid out of the city treasur.v. not by the board: State ex rel. vs. Board of Education of St. Louis. 141 Mo. 45. Under the Constitution fines and forfeitures for state offenses, collected in the St. Louis Court of Criminal Correction, go to the Public School fund and the sheriff must certify same to the President and Directors of tlie Board, an*! not pay same into court: In re Staed. 116 Mo. 537. Airr Mil. Sfc. 2-5.1 CHARTER Ol' Tin: CITV (II' ST. I.OIMS. 449 Sir. L'. ('i<> <»(l'MH>r.>» (o iis.srss sclxtol (axes. — 'I'li.- ullircis of tin- Cilv of Si. Loiii.s. ilirvclcti li\ this Cliailci- lo jisscss ;iii(l cxlcnd Ihc Stah' and cilv laxt's, anil lo ]iei-fi)riii dIIht tlulics rclatiiiy Ihcrclo. .shall perform tilt' sanic duties in i-('<;ard lo taxes levied li.v llie i'loaid of I'lcsidenl and I •ii-crli)rs of the iSf. Louis pnlilir seliools 1 lioar<] of IMucalion of St. Louis). state. School ami City tax-lillls. how pri'paii'il li.v u.fsis.sor. ami what to lontain: Charter, Art. V. .sec. 2G. As to proper oftU-ers to v.stin^l thr taxes (iimliT the old law) see State ex rel. vs. Trary. i>4 Mo. 217. Si-r. ;;. City Collct-lor to c«»ll»'ct s<-|i<)ol taxt's aiul (o <;i\ «■ s|nM-ial Ik tin I ((> l»<»ar«l 'I'lu- t'olh-ctor of the City of St. Louis shall i-ollr.'t all taxi-s levied li\ llie lioard of rresideiil anil |)ire<-loi's of the Si. Louis ]iiil)lie. sehools I IJoard of l''dnealioii ol Si. Louis). Said ('oileiior shall .ui\'e such liond lor ihe faillifnl |icrfoi-iiianee of his duties to said Itoai-d. and account for and pay over to said I'.oard in such inanner and a( such limes, all school taxes collected Ity him. as Ihe ("ollector o\' Si. Louis t'ouiilx was ii'i|uil'ed to do iiinlei- the laws heretofore in force. Collector to collect State, school ami city taxes: Charter, Art. V, sec. 31. etc. He may establish claim for such taxes against estate ot decedent: State ex rel. vs. Tittmann. 103 Mo. 5."i3. See. 4. Kail' «>r school taxe.sto be fixed by llie Hoard. — The lioard of rresideiit and directors of the St. Louis pulilic schools (IJoard of l^dii- I'atioii of St. ]>ouis| shall delermine the rate of taxation for each year liy resolution, a copy of which, duly ceriilied a< hei-eby c-ivated a siukiiij; fuud liii- the City of St. l^ouis, wliitli shall always be Ivejit separate and distiiut from other funds and revenues, and Iield saered for the pur- jKi.se of redeiii]ition or jiurcha.se of bonds issued by said city, whieli were outstandinji (Hi the se\eiith day of Ajiril. cijihteeii Jiuiidred and ninety, and (if the bonds issued for the renewal thereiif. See. ■_*. Duty of Assembly sis to appropriations. — The Municipal Assembly shall annually appropriate from the fund (lesi<;iiated in fliis Char- ter as "interest and public debt revenue" a sum not less than one million two hundred thousand dollars to be used exclusively for the jiayment of the bonds of the city desciibed in Section I of this article, and of the interest tiiereon. That jiortioii of each annual a])]iropriation not required for the ])ayment of the interest couixins niatiiriiif; duriiii; the respective year, siiall lie credited to. and shall constitute the sinUinii fund herein created. Duty to establish rate for payment "sufficient, at least, to meet the reijuire- ments of sec. 2. Article 14 of this Charter": See Art. V, sec. 1. See. 3. Disbursements to be made on requisitions. — All dis- bursements out of the city treasury on account of tiie sinking fund, shall be upon re(iuisitions of the Comjdroller ajiproved by the .Mayor; and in all other resjx'cts they are to be made in the same manner as other disburse- iiKMils of the city. Sec. 4. Disposition of sinking- fund in hands of (*onimissi(»n- ers. — Tlic assets of till' sinl;ino- fund now under the control of the Btiardof Fuud Commissioners shall be disposed of as follows: The money on hand, and the ]iroceeds of all matured couiions from city bonds, shall be credited to, and be a part of. the sinkin" fund herein created: the immatured coupons from city bonds shall be canceled, and tiled as other coupons from city bonds are tiled. The bonds of the Ohio and .Mississij)pi Railroad shall be turned over lo the Com])troller. and deposited in his office; in the event of the city at any time idealizing on the same, the j)roceeds thereof shall l)e credited to, and be a jiart of, t!"e sinking fund herein created. AKT. .W. Sec. 1-:'. I CIIAKTKI: <>l' Till-: IMTY OP ST. LOl'lS. AIM' I (1,1-; xv. 451 Pl'Hl.U' I'Kl.NII.VG SECTION 1. Ut'Klsler to advertise for sealed |»ro- poffals — openliiK of btdf^- — contrarts to lie award'tl to lowest lildder and reported to covincll — speclllca- tlons of contrnct — forfeiture of same — eontract for Joli printing — tem- porary contract authorlzt'd. 2. Publication of ordldnnce.s — altslrart of SKCTION proceodlngs of assembly — second printing' of documents forbidden, ex- cept by two-thirds vote — annual printing: of city documents In pani- plilet form. 3. Proofs of i>rintins to i>e sui>mltted to officers Interested. Sfi'tiiiii 1 . IvrLvistrr to ;i <-oiiti-:irl aiit liori/ftl -Alliniut iiijr aiul l)iiiiiiiii: l" •"■ tlnin- at I lie i\i>fii.-ii' ut' llir city .--liall in- i-ipiilrai-icd tor as fiilli)\v,-;. ti>-\vit : Tlif lu'o:isti-rsliall advcitif;*' in tlic li('\v.'; to be done in i-ity ne\vs|)M|icis ol' said daily circu- lation, for one year, one pnblisiied in the lOiifrMsh and one in liii- Cicrniaii lan;,'naof; said adverlist'iiieiil .sjiall state lie (liace. day and lioni- of the opeiiin;; nl' such bids, and shall lie made lor at least len da.\s iie.xl hct'orc sncii day. 'riie bids shall lie opened in ihe ol'lice of Hie [{eoislei-. ami afl biddeis may lie |ifes(Mil liiei'eal. No liid shall lie colisi(U'i-ed in which ihere siiall be any ei-asni-e oi- intei-lineal ion. in evei-y case tiie |ii-inlino shall lie awai-ded lo the lowest bidder. The Heoistef siiall, wilhonl (h'lay. report tlie bids and a«ai-ds to the Council. II' the Council reject any a\vai-d. Ihe Kefjister shall proceed witlunit delay as above, foi- new bids for the kind of printino »( ihe I'ejected award, and re|iorl. as aforesaid, upon Ihe same. :ind so on nnlil the Council coiilirm Ihe awards I'oi' all the aforesaid print- in;;, l-'.very conlraci for |ii-i!ilino. in inii-siiance of any award, shall specify the |irinlin<; and the price Iherefor, and reipiii'e the doino thereof within iva.soiiable lime. The ]ii'iiitin;: meant in this article includes everythiii^r of labor, skill and mal(>rials. for brinoin;; the work to Ihe condition for its inteniled use and |ini-|:ose. If any bidder fails to pei'form Ihe conti-aci as the|-ein re<|nired. the same shall be subject lo foi-feitiire by the .Mayor. .\ll Job printin;; and bindino shall be let by contract, subject to such i-e;;iila- lions as may be presci'ibed by ordinance. I'niil the contract be made as afori'said for any aniliorized |irintino. at the e.\|iense of the city. Ihe same may Im' contracted foi- by the Ueoister. with Ihe a|ipro\al of the Ma\or. Section 2036 of the tlrv. Code carries out tln' provisions hereof. Si.-. ■_'. I'lililieat ion of ofdiiiaiiccN ali^t f-act of pi-o( •<'('(! iiiys of .\ss«'nil)l> si-eond print iii;;<>f iloeiiinriits foi-liidilen. i-xccpl li> t\>o-tliir(lH vote— itnniial print in;; of rit.v tlociiinrnis in painplih'f form. — l-^ery ordinm • • p i^N ■ 1 by th- .V^^mhIiIv shall be piiliiisheil in the |mi)ers iloin;r the eity j)i*intiii;r within five days after its ajijiroval . Tiie Assembly shall cause an abstract of its proceediii;;s to be published within forty- ei;;lit hours after the meetin;; at which they were had. Such abstract shall brielly slate ihe snbsiaiice of all petitions, memorials, remonstrances, mo- tions, propositions, bills, resolutions and orders, and the yeas and nays in full whenever taken; also, all communications from the .Mayor and other city oflii-ers. unless otherwi.se direi-ted by the Municipal As.seinbly. No ex |H'iis«' for printing; tlie same doiMinieiit tlie s4'cond time shall In- incurred, 452 CHARTER OF THE CITY OF ST. LOUIS. [ART. XVI. except Avhen ordered by a vote of two-tliirds of tlie ineinbei-s elected to the Asseiiilily, taken by yeas and nays. Tlie aiiunal niessa<;es of tlie Mayor. an\' IkiIIi houses ot the .Municipal Assembly by joint resolution. The provisions lieroof followed 1>>- ordinance: Rev. Code, sees. 2037. 203S. See also other ordinance provisions following said section. This provision requiring publication of ordinances within five daj's after approval "was designed to notify the public at as early a period as possible of the passage and provisions of the laws which were to govern them;" and this provision applies only to ne'w ordinances and not to a revision and digest of existing ordinances contained in a general revision: St. Louis vs. Foster. f>i Mo. 513, 516. See as to effect of failure to pubiisli an ordinance, in a case arising under a cliarter of a smaller cit>". retiuiring publication of ordinances, but providing that failure to publish should not render the same void, except under certain con- ditions, etc.: Schweitzer vs. City of Liberty, 82 Mo. 309, 315. Where a ]>ublitation is rt-ciuired, a failure to publish generally renders the ordinance vc.id: llaiitc vs. Oranada. 4 V. S. c;. C. A. 212, 219 el. sm.: s. c. 54 Fed. ion (distinguislud in .\lma vs. Bank. GO Fed. 203: S V. S. C. C. A. 564). Hec.;!. Proof,** of priiitinj>' to be submitted to officers interested. — I'roofs of all priiilinj: shall lie submitted to the officer directly interested therein, and no ]mlilication or jirinrini; shall l)e done or j)aid for except when done in the m:iiiner hiTeili prescribed. This provision is re-enacted by ordinance: Rev. Code, sec. 2039. When printing is done under an unauthorized contract, no recovery can be had against the city, and the municipal assembly cannot lawfully provide that it shall be paid for; such an appropri;ition would be a donation of city money and is prohibited by law: Campbell vs. St. Louis. 71 Mo. 106- AKTR'LK XVI. MT.'^CF,LL.\XF.Ol'S PROVISIONS. SECTION" . , 1. Existing ordinances, contracts, etc.. to remain in force until repealed or abrogated. 2. Existing recognizances. obligations. forfeitures, actions, etc.. to remain in force. :i. Management of MuUanphy beriuest. 4. Sti'eet opening ordinances repealed — pending cases to be conducted under former laws — cit.v counselor to act as land commissioner. 5. Mayor to promulgate charter. G. Appeal bonds by city — mayor to exe- cute such bonds for the city. 7. Execution of city contracts — contracts to be numbered, filed, etc.. in reg- tstei''s office — attested copies to be furnished city officers. S. Citizens of St. Louis exempt from road work. 9. Damage suits against the city^per- sons and corporations, when liable, to be made co-defendants, and judg- ments to be first enforctKi against them. SECTION 10. Regulation of public proc«^ssions. 11. Penalty for voting in favor of or al- lo%ving unauthorized claims — penalty foi' the misapplication of public funds. 12. Penalt.v for violation of provisions of charter. 13. Oath of office. 14. Records of board of police commis- sioners to be open to inspection. 15. City coun.selor and attorney to furnish legal advice to police commission- ers. 16. Expenses of polii-e force to be jiatd out of city treasur.v. 17. Assembly to fix salaries of officers — increase of salary forbidden during term. IS. Limitation of salaries — all fees, etc., to be paid into treasury — officers' salaries to be paid monthly. 19. Amendments to Charter to be sub- mitted to the people. 20. Existing city officers continued in of- fice until April. 1877. AKP XVI.S.f. l-«.] CHAUTKI! OF Tin: CITY ni- ST. l.olls. 4j;( StMtU)ii 1. Kxistiiifi (iriliii:iiic«>s, rontnu-ts, vtv., («► iM'inaiii in f<>r<'e until i*c>p«'iiI»Ml or iil>ro<4'iiti' \alid as if iliis Silicnif had mil ln'cii adi>|iii-d. I'mii'i- tliLs svi'tlon only so miuh of un existing oiillnunoo ut tlio tliiu' of llii> nilopllon of the Cliartor la aiipei-siMlcd as conllicts with the Charter, the r.-malndi'i- thereof continuing In force: Qiilnette vs. St. I..oiil.i. 7i> Mo. 41)2. As to effect In general of onllnances In conflict with Charter see note Intro- iliictory to soc. 26 of Art. Ill of Charter. Str. 2. Kxi.stinj;- riM-o-ini/aiift's, <»l)li<;;iinji intti iijieralitui. That sult.s. forfeitures and proceedings pi'nding at the time of the repeal n( an ordinance are not affected by such repeal see Revised Code. sees. Hi)."i, llOii; see also .'IS to .'ftcrt of repeal, note tn Charter. .Art. 111. section 2S. See. :!. .>lana;'cnicnt ol .^liillaiipli.N Itctiiicst.s. — 'liic Assiinlil\ shall priivith' liy nnlinance fi>r the adniinistratiiiii of the .Miillaiiphy heiniest li.v a hoanl i>r ihirlcen ineinliers tii he elected h_v the ( "tniiicil. dI' wlmni not more tlian live shall rcsith' in any one ( 'tuiopcssitnial l)islriti. said r.oaid shall receive mi lonipcnsai ion for their service. . ^Iiiltiiniiliy beqiient: I''or ordinances upon this sul)jeet see Rev. Code, Chap. 19, sees. lf>."i4 tn 1672 and note at heading of said chapter, discussing the Mullanphy hei|Uest and erdinances, and referring to adjudications toiichinp: the same. s..'. I. S( rcct opt'iiliii;' (>nliiianc<'s repealed -p<'ii(lini;cas<"^ to Imm'oikIiu-I t's — <'il\ ('oiiiix'lor lo art as Land Connnissioncr. — AUordinam-cs tt»rtlii'opcnino:of any street. aveiuic or hiirh- W!iy. upon whi'-li proceetUii','s sliall not liave heeii coinineneed at the time this ChatiTfjoes into oi)c rat ion, shall he ami are herehvrei)ealed. Provided, hoxccver (he jirovisioiis of this ("harler shall not he construed lo atl'ect any ca.se, p<'ndiii<; at the time when saiil Charter shall liccome operative, hut e\i'ry such ca.se shall Im' ct)nductetl under the law in rtirce when ir was com- inencetl ; ami any act necessary to he ilone hy the Laml Commissioner t>f the City of Si. l,ii id' any sncli ca.ses alter the seveiilh day of April. ISTT. shall be perftirnied hy the City Couii.selor of saitl city. That procoetllnga for street openings hegiin under the old Charter and con- tinued prior to the time when It was Dnall.v ascertnlnetl that the Charter had heen adopted (March ."•. 1.S7T) are validated by the de fmin principle, see note to Charter. Art. VI. sec. 2; also note Intrniiuctory to sec. 2ti of .Art. III. See.."). TlM>>Iayortopr(HnuI<;:al4-('liai-|(>i'. — Tin- Mayor shall, imim-- tliately afler this .Sehenie and Charier uo into elVecl. lake measures to proiiinl;;ale llie sain(\ hy cansin>; iheiii lo he printed in pamphlet fi>rm. with accurate head notes lo each article, and as full an imlex as |iracl icalde. See. li. Appeal l)ond !•> City — >Iayorlo <'xt*(Mit«'.su<-li bond for City. — The City of St. Ltiui-- in lakinL' an .-ipp'-al in any judicial jiroi liiij.'.--. 454 chai:tkf; of the city of st. louis. r AFIT. XVI. see. 7. jsliall i;iv(' hond as i-oi|iiir('(l liy law. hiil i.s horel)Y released from tlie (ibliga- tii)ii of law to furnish .seciirit.v rlierefor. All such lioiids shall be executed bv the Mayor, and shall be taken in all courts as a full compliance with the law in such cases, and all acts oi- jiarls of acts inconsistt-nt with this (pro- vision are hereby re])ealed. See Rev. Code. sec. 167S. a.s to appeal bond. An appeal in a suit to whieli the City of St. Louis is a party goes to the Supreme Court, whatever the amount involved, because that city is a political subdivision of the State: Steften vs. St. Louis. 135 Mo. 44. 4S-49; Straub vs. St. Louis. 175 Mo. 413; Northcut vs. Eager. 132 Mo. 265. 273. Sec. 7. Execution of city contrat'ts — oontracts to be numbered, filed, etc., in Kefjister's office — attested copies to be furnisheor.ition must ascertain at their peril, that such agents are acting within the scope of their powers; and the city may plead ultra vires and the invalidity of a contract made in violation of law: Cheeney vs. Brookfield. 60 Mo. 53. 54; Mister vs. Kansas City, 18 Mo. App. 217. 227; Verdin vs. St. Louis. 131 Mo. 1. c. 9S; Construction Co. vs. Geist. 37 Mo. App. 1. c. 513; Keating vs. Kansas City. S4 Mo. 415; Carroll vs. St. Louis, 4 Mo. .\pp. 191; Pryor vs. Kansas City. 153 Mo. 135, 142. 150, citing numerous cases. The city cannot be held on a Quantum meruit or on an implied contract: See cases supra. Hence where a contract exceeds the appropriation allowed, the city is liable only to the extent of the appropriation: Mister vs. Kansas City, IS Mo. App. 217, approved but distinguished in Pryor vs. Kansas City. 153 Mo. 135. ART XVI. Sec. 7.] CHAKTKH OK TMH CITY OF ST. l,Ofl.'<. 455 But. of coursf. wlitre one Is othprwise ontltk-d to lawfully recover iiKiiliiHt tlif city (as salary out of the general revenue), the fact that there Is not enough money approprlateil to pay him. will not defeat a Judgment on the rialm: Mag- ner vs. St. Louis. 179 Mo. 495, 501. Nor Is one who Is entitled to a claim against a city required to obtain a warrant hefore suing: Kansas City Loan Co. vs. Kansas City, 9S S. W. 459 (Sup. Ct.. Nov. 21. 1900). For a case apparently on contract against the city. In which "no law or ordi- nance requiring It to be In writing was brought to the attention" of the court, and wlu*re a verl»al contract was lu-UI sufficient, see McQua*: St. Louis vs. Laclede Gas L. Co., 155 Mo. 1, 19. and cases cited; but see National W. W. Co. vs. School Dist.. 48 Fed. 523. Tile same*'y ordinance may be ncccpted and used by a city, and such subsequent-ratification estops the uld refuse. to accept the water and terminate the contract, otherwise It will be liable for the amount re- ceived, and if it fails to enforce the provisions of the contract intvniled to meet the default claimed. It waives the right that the company can recoViT only on the <|iiantum meruit: Waterworks Co. vs. Joplin, 177 Mo. 4!ili. .%>iHlicnnl>illiy of eonlriieti The rule that a contract is assignable applies against a municipal .orporation. unless there be some statute or ordinance forbidding: <;ordon vs. JetTerson City. Ill Mo. App. 2S. 27: St. Louis vs. Sullivan. 42 Mo, 69. 73: Kansas City Loan Co. vs. K. C. 200 Mo. 1S9. Whether a city has a right by ordinance to forbid the assignment of earned or unearned wages or claims was raised In the last cited case (2(iO Mo. 1S9), but the case was decided on the point tluil the particular ordinance there In question did not apply to the facts, and the assignee of earned claims was permitted to recover: the court construed an ordinance prohibiting issuance or payment of a warrant to any other than the party working for tin- city, as not preventing recovery by the assignee of tlie claim. In the same manner as the assignor could have recovered had no warranf been Issued. DrrilM by I ilelpui orileerN, acting in pursuance of ordinances or resolutions of tie' law-iMuklriK: pow'-r 11 1 not recite such authority, nor show that tin- con- tingency lias liappi'Ucd which authorized tile sale; the rule applicable to trustees iloes not apply to a city; Jamison vs. l'\ipiarea, 4;i Mo. TiG.'i. When' the city has charter power to dispose of lands, its deed therefor Is pre- sumed to he executed In pursuance of that power, and no special authority by ordinance or resolution need be shown: Chomiuettc \'s. Baradu. 3;i Mo. 249; a deed by a city, regular on its face, under tlie corporate seal, is prima facie evi- dence that all the prereiiuisltes authorizing the sale have been comiilied with: Wells vs. Pressy. inS Mo. 164, 179, and cases cited. Sit. s. CHi/.ciisitr St. T>oiiis <>\<>iiii>t from rond work. — TIn' liti- Z('ll,s <>r Ilif ( 'il,\ III Si. I.iiiiis :iri' licrcliy ('Xi'III|iI lliilii \\ mkili^ nil llic ln;i(ls or |iulilir liio|i\vnys of ilic ;iinjiii«' suits Mnaiiisf Uic i'\{\ I'rrsoiis jiiiil ('oritorn- t ioiis,u Immi li:ilil«- to he iii:i(l«- co-th-rciKlanls, iiiul Jii fii'sl <>nroi'«-«>«l :i;;;iiiis| tluMii. — Wliein-Vfr tin- i-ity shall ln' miidi' lialilc Id ;iii iniiiiii lor (l;iiii;i;;c.-<, l)\ ica.soii of the iiiiaulliori/'.cd of wroufjl'iii acts, or ot' tlic iu'f;li;;i'iicf. cari'lt'S.siit'ss or iiii,skillfiiliics.s of any |n'rson or corpoi-al ion, am! .smli |mm-soii or coriioration sliall also lie lialilc to an ai'tion on llic same accoiinl liy llic |iai-ly so injured, Ilic injured |i;iiiy, if lie sue the city for daiiKioes snil'cred liy liini, shall also join such oilier jicrson or jicrsons or cor|ioraiion so lialih', 11" ri'sidino in the Stale, so th:ii they can lie served with |ir<)cess, as a dereiidaiit or dercndanls in his suit, and no jndonieiil shall Ik- reiuleifd ai^aiiist the city viiilcss judoniciit is rendered a;;aiiisi such other iMM-son or cor|ioralioii so liablo to lie sued as aToresaid; ami if any action Im> hroii^lit against tiie city alone, and it is made to a]>]iear that any {MM'son or corporation ro]>iiated, or collected or authorized by law to be collected, shall, upon conviction thereof, be punished by im- prisonment in the city jail for not more than one year, or by fine of not less than two thousand, nor more than ten thousand dollars, or by both such fine and imprisonment, or by iin])risonment in the city jail lor not less than six months, and by fine of not less than five liundred. nor more than five tliousand dollars. See references in note to Art. IV. sec. 10 and Art. XVI. sec. 7. as to prohibitions and penalties for unauthorized contracts, etc. For liability of officers see note to sec. 43 of Art. IV. ART. XVI. S.H-. 12-17.1 CHARTKR OF THIC CITY OK ST. I.Ol'IS. 469 Sec. 1-'. I*<'nal(.> tor \ iolaCum or|»r<»\ isi»»iis<>t Cliailcr.- Aii\ pi r- sdil «liii sluill \ iolale ;lii.\ ol I lie |ini\ i.sioiis ol' lliis ( 'li;iilcr. Inr ilic viohltiou (if wliiih 111) piiiiisliiiiiMit liiis bt'cii provitlfd llicrciii. sliall lu' ^Miilly ol' :i mis- (it'iiicanoi-. and sliall lie imiiislicd liy liiu' not exredint; live liiindrcil dollars, or liy pmiisliniciil i iiiiiUMsoiiniciiI i in llic loniit y jail iiol exceeding; diic year. St'c. i;i. Oalli <>r «>iVi<'('. — Ivtcli incMiihci- of the A.s.scnibly and otlii'cr of the city, or ol ;ui\ lioard I liciciiniicr, shall. Iicfoi-c cnlcrinj; upon llic dniics of his office, take and snlisci-ihc an oaih oi- aflirnialion iliai lir will siippoi't the < 'onstilnlion of the I'niled Siaics ami of lliis Siaic. and iliai In' is nol sulijcii lo aM\ 111' ihc dis(|naliticai ions cnunicia led in lliis ('liaiicr. and ilial he will dfiiican himself faillifnllv in ol'licc. Oiiili: Sfi- oalli i-lsewli.K 1. .iiur.il in fluuti-r: Art. IV. soc. 4S. See note thereto referring to ordinance and authority. Sec. U. I{«'<'<>r Coniinissiouer.s to hv opt'ii to iiisp(><'(i«>ii The journal and liooksid' tin- Hoard of Police Coinniission- eis. reipiired li,\ law to i)e ke|)l liy them, and all docnmenis relating' to their oftiee. shall always he open to the inspeclion of the ( 'omplrollei- and .Miiniei- pal .Vssemlily of the ("ity of St. Louis, and (d' any committee appoinled liy it for thai purpose. See. 1,'). (it > Counselor and .Mtoriicy to i'liriiish U'<;:al advirc (o I*oli«'«'('oiuiuissioiH'rs.— The L'ity Counselor and Attorney sliall furnish llie lioard ol I'ciJKt I 'oiiimissioners with the Ici^al advice and services desired l>y them, and ihe said Hoard shall nol eiiiplo\ .iiiy oilier al llie city's expeii.se. Sec. l(j. Expenses of Toliee Forc<' (<»l»«' paid out of city treas- II r\ .—All claims apiinst the Hoard of I 'nlici- ( 'ommissioners. im-ludin^salarii's. shall he jiaid out of the ciiy treasury in the same manner as oiher claims ajiainsi the city are jiaid; and said ilainis shall he ci'riitieil to liy Ihe Presi- dent and Secretary of said Hoai'd. and audited as provided in this Charter for claims a<;ainst the city; and all acts or jiarts of acts inconsistent with or ill contlict with this section are hereliy repeale to fix salaries of olli<'ers — increase of sal- ary forliidden during: term.— ThtMunialAsseiiildy shall ti.\ thesalarics of all elei ii\c or appoiiiti\e ofliccrs of the city and their assistants or depu- ties, and also of all clerks that may be employed by the city in any of its oftices or deiiartnieiits. and may increase or diminish the same by ordinance, except in cases where othi'rwi.se provided in this ('harter: /'roriilcil . that no such increase shall lie made duriii;j the term for \\lii( h any such officer or assistant or clerk may In- ele. Index to state Laws for St. Louis, pp. 225-25G. INDEX TO CHARTER. A ABSTRACTS — I'.vcK. of corrected assessments to be sent to mayor, when :>75 copy to be forwarded to state auditor 375 of proceedings of assembly, to be printed 451 ACCOUNTS— See Auditor. of city to be kept by double ent ry 354 auditor to examine, adjust and audit 354 must be certified to by iiroper officer before auditing 371 auditor and comptroller may allow 371 In case of their disagreement, either oneandmayormay allow 371 all audited accounts to be registered in comptroller's office 371 to be tiled and preserved in auditor's office 371 .\CTIONS— See Special Taj- Hills; Taxes. city may bring and defend 294 city counselor to prosecute and defend 358 for violation of city contracts 364 for false return by marshal 414 causes of. to be unaffected by the Charter, when 4.")3 against city for damages 457 co-defendants to be brought in 457 [.\NNOT.\TIOXS.] injunctions — See Injunctions. mandamus — See Maitdamus. against city for damages, and liability of city — See Damatjes. by private persons based on violation of ordinances 320 by city paying damages, to recover from primary wrongdoer 32G on special tax-bills — See Special Taj-liills. against city by contractor, where city prevents work 420 on bond of contractor for public work 424 on contractors' bonds by material men and laborers 455 ADVERSE POSSESSION— [.VNNOT.VTIONS.] title to public or city property cannot be lost by 384 but may be acquired by city by 384 ADVERTISING— See Board of Public Improvements: Contracts: Public Print- ing: Public Work. AFFIRMATION — See Oath. AGENTS— power to license and tax real estate (clause 5) 330 financial ( clause 5 ) 330 power to tax. license and regulate (clause 5) 330 Insurance (clause 5) 330 mercantile (clause 5) 330 [.VNXOTATIOXS.] power in charter to requite owners to move buildings con- fers no power over 338 AUT. .srr. V 26 V 26 XV 2 IV 21 IV 21 \' 13 V 13 V 13 V 13 V 13 I 1 IV 32 IV 46 VI 25 XVI XVI 9 XVI 9 26 26 26 S6 26 4(54 INDEX TO CHARTER. Index to Ordinances at end of Rev. Code. Index to Scheme, pp. 279-2S6. index to .S7o?e LaH-i- for St. Louis, pp. 225-256. AIR FLUES— PAGE, may order and re.gulate Iniilding of (clanse 12) 337 ALE — ma.v regulate the inspection of (clause 7) 333 ALLEYS— opening, widening, and altering same 385 condemnation of private property for 385 City Counselor to conduct proceedings 385 damages, liow assessed 385 benefits to be paid, by whom 389 ordinance for improvement of 395 action of Board of Public Improvements on alley ini))rove- meuts 395 special taxation for improvement of 395 must be established and dedicated before improvements are ordered 401 repairing, cleaning, etc f 'f^ , t 404 apportionment of cost of improvements 404 [axxotatio.xs.] and streets — See Streets. AUei/s. etc. what are 382 distinction between alleys and streets 382 nature of proceedings to open, widen, etc 381 elevations of 381 damages in proceedings to open, etc 390 special taxation for improvement 405 AMENDMENTS OF BILLS— changing original purpose forbidden 310 to lie incorporated by en.grossment 311 form of 312 AMENDMENTS OF CHARTER— to be submitted separately to the people 4f>l [,\.\NOT.\TIONS.] _' how may be effected 461 by inconsistent statutes 461 AMUSEMENTS— power to tax, license, regulate or suppress (clause 5) 330 power to restrain or prevent dangerous amusements (clause 5) 33(1 ANIMALS— may prevent driving through city (clause G) 332 l)0wer to prohibit the running at large of (clause 9) 335 APPEALS— respecting assessment of property 374 in judicial proceedings by city 453 mayor to execute bond for city 454 city not required to furnish security 454 [.\.N.N<>1.\1'10NS.] from assessments of pro])erty, decisions 374 from condemnation proceedings 393 in suits to which city is a party, .go to Suijrenie Court. . . . 454 .\r:T. SEC. Ill 26 III XVI 26 VI 2 YI 9 VI 2 VI '> VI ,') VI 14 VI 14 VI 14 VI 15 VI 17 VI IS VI IS III 13 III 1.1 III 19 19 III 26 III 26 III 26 III 26 V 24 XVI 6 XVI 6 XVI 6 INDEX TO CHARTER. 4G5 Index to Ordinances at end of Rev. Code Index to Scheme, pp. 279-2SG. Index to State Latvs (or St. l^o\\\s. p]>. 2-i',-2r>6, APPOINTMENTS— See Mayor; O/ficrs and Officers. of officers, assembly may provide for (clause 8). OkHCKIIS AITOIXTEU UY MaYOK UNUEK CHAHTKR PltOVISlO.NS- City Counselor Superintendent House of Refuge Superintendent Work House Commissioner of Supplies Assessor and Collector of Water Rates Superintendent of Fire and Police Telegraph. Jailer (2) Police Justices City Attorney (5) Commissioners on Charitable Institutions. ( 10) District Assessors Street Commissioner Sewer Commissioner Water Commissioner Harbor and Wharf Commissioner Park Commissioner Gas Commissioner, when. . . May fill vacancies, when Chief of Fire Department Health Commissioner (2) Members of Hoard of Health... Superintendent of City Hospital... Superintendent of Female Hospital. Superintendent of Insane Asylum.. Superintendent of Quarantine r.\(iE. AHT. SFC. SSI Ill 2G 345 IV 2 34.-) IV 2 345 IV *> 345 IV o 345 IV •1 345 IV o 345 IV •> 345 IV •) 345 IV o 345 IV ') 345 IV •> 371 \- 15 345 IV 3 345 rv 3 345 IV •> 427 VII 1 345 IV 3 L433 IX 2 345 IV 3 1430 VIII 1 345 IV 4 r34(i IV 5 34S IV >; 3G5 IV 49 441 XI 1 443 XII 1 443 XH 9 444 XII 5 444 XII 5 444 XII 5 441 XII 5 [For ExfMERATio.N OF Okkiceks Ai'i'Oi.NTKi) iiv Mayor U.nder Provi.>aiis for St. Louis, pp. 225-256. [.\>NOTATIO.NS.] for public work must be specific, etc., applies to what, contracts in excess of PAGE. 425 f 4.54 ; 455 ; 425 ^426 ARCHITECTS— [A.VNOT.VriO.NS.] power to license 331 AREA RULE— f395 I 404 in special taxation, when \ 407 I 410 [.ANNOTATIONS. J validity of, upheld | ^| ARTISTS— power to tax. license and regulate (clause 5) 330 ASHES— power to direct the safe deposit of (clause 12) 337 ASSEMBLY— See Council: House of Delegates : Municipal Assembly. ASSEMBLAGE— disorderly, may be restrained and prevented (clause 9).... 335 ASSESSMENT OF PROPERTY— See Board of Assessors; Board of Equalizatiou ; President of Board of Assessors. powers as to for state purposes same as St. Louis County Court (clause 13) 338 to be in accordance with general state laws 371 to be made by board of assessors 371 municipal assembly to establish assessment districts 371 public notice to be given of completion of same 373 duty of recorder of deeds in reference to conveyances 373 changes in ownership of real estate to be noetd on assess- ment plats 373 expenses of assessment, how paid 373 correction of, by board of equalization 374 assessment books when corrected to be copied 375 abstract of same to be made 375 copy of abstract to be sent to mayor, when 375 copy of abstract to be sent to state auditor 375 state, school and city tax-bills, how prepared 375 tax-bills and assessment books to be delivered to comp- troller 375 comptroller to stamp bills and deliver to collector 375 form of receipt to be taken from collector 375 receipt for state taxes to be sent to state auditor 375 ordinance fixing percentage of taxes required annually.... 375 comptroller may correct manifest errors in 375 of school taxes, how made 449 [annot.\tions.] effect of assessment 373 assessment return cannot be raised without notice 373 appeal from 374 valid, essential to special tax bill 418 ASSESSMENTS FOR LOCAL IMPROVEMENTS— See Special Taxation; Special Tax Bills. ABT, SEC. VI 14 VI 18 VI 20 VI 21 VI oo III III III 26 26 III 26 V 15 V 15 V 15 V 20 V 21 V 21 V 23 V 24 V 26 V 26 V 26 V 26 V 2G V 26 V 2fi V 26 V 26 V 27 V 28 XIII 2 IV 2 VII 7 IV it IV 2 IV o IV 17 VI 1 fi VII 7 VII ( VII g VII s VII !» VII 9 VII 10 VII 10 INDEX TO CHARTER. 467 {Index to Ordinances at end of Rev. Code. Index to Sthemr. pp. 279-28G. Index to .s7a/p /.nic.s- for St. Louis, pp. 22.''i-256. ASSESSOR AND COLLECTOR OK WATKR RATES — shall be appointed by mayor ^ j.,jj approved by council 348 term of oftU-e. four years 345 first appointment to be for two years 345 shall make annual reports to mayor 3G4 shall notify iiroprietors of buildings, when 42S his clerks and assistants 429 shall collect all revenues due for water 429 shall receive a fixed salarv not to exceed $3,000 per annum. . 429 shall give bond of $100.000 429 shall deposit collections daily 429 shall furnish comptroller with monthly statement of col- lections 429 Issue of water licenses 429 monthly statement of 429 [anxotations.] salary, term of office, holdiiiK over, bond 429 ASSESSORS— See Assessment of Property; Board of Assessors ; Uistrict Assessors. ASSESSING DISTRICTS— See Bene/it Distriets. ASSIGNMENT— special tax-bills may be assigned, formality required 420 VI 26 payment of special tax-bills 420 VI 26 [a.nnotations.] of special tax bills 420 of contracts or wages in city contracts 457 (4t;o nf salary -^467 (458 ASSISTANTS— removal of 351 l\" 14 to officer, shall take oath 361 IV 43 [annotations.] to officers, who are 351 to Street Commissioner, vote by 359 ATTACHMENT— against non-resident authorized in suit on special tax-bill.. 414 VI 25 ATTORNEY— .See City Attorney: City Counselor. AIDITOR— to deduct forfeitures from pay of members of assembly. when 311 to be elected for four years 344 to be general accountant of city 354 to keep in office books, vouchers, etc., relating to public accounts 354 to adopt double entry book-keeping 354 to examine. a 329 AVOCATIONS— power to license, tax and regulate all kinds of (clause 5) . . . . 330 B BANKS — to be selected annually for current deposits 355 BANKS AND BANKERS— power to license, tax and regulate same (clause 5) 330 BAWDY HOUSES— power to su])press ( clause r>) 330 BEEF— may regulate inspection ( clause 7 ) 333 BEER— may regulate inspection of (clause 7J - 333 BEER HOUSES— power to licen.se. tax and regulate same (clause 5) 330 BENEFITS— how assessed in cases of jjublic improvements 388 by whom paid in case of opening alleys 389 to be a lien against i)roperty 389 in condemnation proceedings, set off against damages 393 [.\N.\(ir.\TU).NS,] special taxation for, distinguished from condemnation... 1,'oq in street opening cases i „1„ in change of grade 406 BENEFIT DISTRICTS— in street and alley openings 3SS for special taxation, how established 395 [.\NM>T.\T1(INS.] notice to parties within ' «gQ who included in 390 in special taxation comprises what 398 BENZINE- may regulate inspection of ( clause 7) 333 BEQUESTS— city may receive, etc 294 administration of Mullauphy bequest 453 BIDS— See Board of Public Improicmcnts: Contracts: Public Print- inn: Public Work. for sui)plies. how awarded 357 having alterations or erasures ui)on them to be rejected 358 for i)ublic work 421 for public printing 451 Aitr. SKC. IV 21 IV 47 \- 11 \- 12 V S V 13 'III 5 III 26 III 26 IV 2- III 26 III 26 III L": III 26 III 26 VI 5 VI 5 VI "i VI 11 VI 5 VI 14 III I XVI IV 29 IV 29 VI 27 VCV 1 INDEX TO CHARTKU. 4«9 {Index to Ordiiiaiiiex at end of Rev. Code. Iiulex to Scheme, pp. 27'J-28«. Index to N■(■'• .\s.ie.ssmrHt ot Property. how const it uted how appointed dui ies of board annual meeting of session not to exceed four weeks to determine all a|)peals in summary manner shall notify owners of increase of assessments nuijority to constitute quorum ioni|>ensatlon of members of board may compel attendance of witnesses oath of members of board re<"ord of proceedings rANMlTATION.X.] appeals to. necessary to correct assessment. nature of proceedings and jurisdiction review of actions of. by certiorari BOARD OF HEALTH— Src Health Dciiartment. may declare use of water from water-works necessary, when how constituted health commissioner to be a nieml)er of IV 1 IV ;i IV 9 \- ir. \- l.T V l.T V Ifi V 16 V 16 V 16 V 17 V 18 V 19 V 23 V 24 374 V 24 374 \- 24 374 V 24 374 V 24 374 V 24 374 V 24 374 V 24 374 V 24 374 V 24 374 V 24 374 V 24 374 V 2.5 374 374 374 428 VII 6 443 XII •> it:; XII O 470 INDEX TO CHARTER. Index to OiOinances at end of Rev. Code. index to tivlieme. pp. 279-2S(). Index to titalc Laics for St. Louis, pj). 225-256. commissioner to preside in absence of mayor board to meet twice a week special meeting may be convened, when three members of board constitute a quorum to approve employes of department to approve rules and regulations of health department appointment of employes superintendents of hospitals. ai)pointed by mayor and ap- proved by board of health abatement of nuisances record of proceedings clerk of board [.\N.\(n.\TI()XS.] members of not state officers functions of abatement of nuisances by BOARD OF POLICE COMMISSIONERS — .See Police. books, etc., of, to be open to inspection city counselor and attorney to furnish legal advice to., board forbidden to employ other counsel at city's expense expenses of police force to be paid out of treasury claims, how audited [.WNOTATIONS.] are state not city officers salaries, how paid, etc PAtiK. ART. si:c. 443 XII o 443 XII O 443 XII 9 443 XII 2 444 XII 3 444 XII O 444 XII n 444 XII 5 445 XII 6 447 XII 14 447 XII 14 443 443 445 459 XVI 14 459 XVI 15 459 XVI 15 459 XVI IB 459 XVI IG 3G2 459 BOARD OF PUBLIC IMPROVEMENTS— Nee street. Seicer. Water. Harbor and Wliarf and Park Com- missioners : President of Board of Public Improve- ments: Public Works. to be composed of five commissioners and president commissioners to be appointed by mayor approved by council to meet once each week shall furnish information to mayor and municipal assem- bly as to public work majority of board necessary for quorum final action on matters belonging to special departments. commissioners to be heads of departments president of, to preside at meetings president to have charge of certain improvements president to have supervision over departments of other commissioners president shall authenticate all special tax-bills ordinances for improvement of streets, etc., to originate / with president \ additional duties assistants and employes president and chief of every department to report annu- ally to mayor books, papers, etc.. of their offices to be open for inspec- tion, when report of board all plats of subdivision of property to be submitted to. . . board to endorse same, if in accordance with law to recommend ordinances for establishment of boule- vards, when to recommend ordinances for street oi)enings, when .... shall i)rescribe regulations for water and gas pipe connec- tions ordinances for improvement to be sent to assembly by. . 345 IV o 345 IV 3 348 IV 9 359 IV no 359 IV 33 359 IV 33 359 IV 33 3.59 IV 34 3G1 IV 41 3GI IV 41 3G1 IV 41 3G1 IV 41 3(15 \ VI 14 403 J VI 17 3G1 IV 42 361 IV 42 ;g4 IV 364 IV 3G5 IV 379 TTT 379 3,S0 3S5 ^'I 394 VI 395 VI 47 47 48 1 13 14 INDEX TO CHAltTKU ^71 { Index to Ordinanves at end of Rev. Code. Index to Scheme, pp. 279-280. Index to .S9 f356 IV 24 (376 V 30 361 IV 43 361 IV 43 361 IV 43 371 V n; 377 \- 33 421 VI ''7 421 VI 27 427 VII 1 429 VII S 430 VII 13 433 IX •> 439 X n 443 XII 1 453 XVI C> 322 322 322 362 367 424 343 III 34 364 IV 47 320 III 26 320 III 26 3S0 VI 1 381 VI 1 380 ri 1 INDEX TO CHARTER. 47 1 Index to Ordinances at end of Rev. Code. Index to Scheme, pp. 279-286. Index to Klale Laics for SI. Louis, pp. 22.") 250. [.\N.M)T.\11<1NS.] PAfiK. AUT. SKC. ordinances creating, when void 385 repairs of. how paid 404 nOlNDAHIES— See Cuipnrate Boundaries ; 'Ward Boundaries. of City of St. Louis 295 I 2 lioundaries of wards 29G-303 I " correction of ward, every five years 303 I 4 permanent division lines 303 I 4 [annotations.] ( 201 power of State to change city's ■ 290 (3t;s provisions and cases concerning 290 changeil, ordinances apply to new territory 290 BRANDY— may regulate inspection of (clause 7) 334 III 20 RRKAP— may regulate weight and quality of (clauso 71 334 III 20 URICK KILN— not to be located within 300 feet of dwelling except by con- sent 343 III 34 lUUlHiES— power to construct, repair an) 330 III 26 nroc.iES— power to tax. etc. (clause 5) 330 III 2fi BriLDINGS— See City Hall: .Uiinidpal Biiildinfls. power of city to issue bonds for public (clause 1 ) 320 ni 2fi power to order removal of same at owner's expense 337 111 20 dangerous to be removed 337 1 1 j 26 may provi.le for inspection and measurement of 337 III 26 power to enter into and examine 337 III 26 may provide for safe construction, inspection and repair of all (clause 12) 337 III 26 power to regulate construction of partition and fire walls, etc. (clause 12) 337 III 26 power to prohibit erection of wooden buildings within pre- scribed limits (clause 12) 337 III 26 may compel owners to have scuttles on roof (clause 12).... 337 III 26 power to enact stringent laws to guard against fire In public halls and buildings 339 III 27 regulations as to frame buildings 442 XI 4 [annhtations] inspection of. transferred to Building Commissioner 442 lnsi)ection of. when in course of construction 442 XI 5 HIRIAL CERTIFICATES— duty of physicians in reference to 1 10 XU 10 duly of unilertakers in reference to 447 Xll 10 I>enalty for failure to report deaths 447 Xll 10 l>enalty for burial without certificate 447 XII 12 l>enalty for failure to reiiort interments ! 17 XII 13 330 III 26 330 III 2G 334 III 2G 334 III 26 474 INDEX TO CHARTER. ( Index to Ordinances at end of Rev. Code. V Index to Scheme, pp. 279-286. (index to Kfa^e Lait's for St. Louis, pp. 225-256. BURIAL OF DEAD— I'.v.n. .\iti. sec. city may purchase or hold property for 294 I 1 BURIAL GROUNDS— See Grare.!/arf7.s. BUSINESS— power to license, tax and regulate all kinds of (clause 5).. may prevent when dangerous or detrimental to iniblic health (clause 5 ) BUTTER— may regulate inspection of (clause 7) may restrain and punish the forestalling of (clause 7).... BY-LAWS— See Ordinances. c CABLES— See Electric Wire. Tubes and ('a)iles. CANDLES— luay prevent use of in stables, shops and other places ( clause 12 ) CARONDELET PARK— repeal of special act CARRIAGES— power to license, tax and regulate (clause o) CARS— of street railroads power to license, tax and regulate ( clause 5 I CARTS— power to license, tax and regulate (clause 5 | CATTLE— may regulate or prohibit running at large (clause 9) CATTLE AND HORSE DEALERS— power to license and regulate ( clause 5 ) CEMETERIES— See Graveyards. CENSUS— of inhabitants may be iirovided for (clause 14) 33S III 26 CERTIFICATES— See Burial Certificates. relating to revenue to be issued by register 369 V 5 CHANGE OF GRADE— See Grading. CHARCOAL— may regulate inspection and weighing of (clause 7) 334 III 26 CHARITABLE BEQUEST— city may take and execute 294 I 1 CHARITABLE INSTITUTIONS— See Commissioners on Charitable Institutions : House of Refuge. 337 III 26 432 VIII 6 330 III 20 330 III 26 330 III 26 335 III 26 330 III 26 INDEX TO C'HAKTKlt m:, Index to Ordinances at end of Rev. Code. Index to Siheme. pp. 279-28G. Index to .s7a^' /^oics for St. Louis, pp. 225-2uf). CHARITY— See Hoxpilal.s : Poor House: Etc. appropriations for. forbidden, when — See Oifts. CHARTER — adoption, effect on ordinances, contracts, etc obligations, etc.. to remain in force mayor to promulgate in |)amplilet form nmendmeuts to be submitted separately to peoi)le. PACE. ART. SEC. [.\NNOTArill.SS.] general considerations respecting 289- adoption of. and when effective effect of adoption of 289 State powers delegated in limitations of power conferred by must be in harmony with statutes and constitution judicial notice of how far city treated as county, under 291 rules for construction of . . amendment of. how effected. CHEESE— may regulate Inspection of (clause 7). chicki:n cock fighting— power 10 suppress (clause '>) 453 .XVI 1 453 XVI 2 453 XVI 5 401 XVI 111 -293 289 -290 289 290 290 291 -292 ■318 319 .315 4C1 334 III 2G 330 ni 20 CHIEF OF FIRE DEPARTMENT— .s'cf fire Department. CHI.MNEYS— power to regulate construction of (clause 12). power to regulate cleaning of (clause 12) CHOLERA— restrictions as to treatment of patients CIRCrSES— power to license, tax or suppress (clause 5) . . . . CITIZENS— of St. Louis exempt from road work [ A .V .NOT ATIO.N S. ] officers must be 337 III 20 337 III 2G 343 in 35 330 MI 2G 457 XVI 8 349 CITY— incorporation of corporate name and powei-s may purchase and hold property for certain purposes may sell. etc.. or dispose of properly for benefit of corpora- tion may receive bequests, etc may have a common seal power of assembly to maintain peace of to develop trade and manufactures of to purchase, rent or lease property when not liable for damage for taking building for improve- ment on proposed street shall not be liable on special tax-bills lo be at no expense for private sewers shall be liable for real estate taken for water works officers of. to assess school taxes collector of. to collect school taxes ap|>eal bonds by mayor shall execute ap|)eal bond .... 294 I I 294 I 1 294 I 1 294 I 1 294 I 1 294 I 1 338 III 20 338 III 26 338 III 26 3S0 VI 1 414 VI 24 413 VI 25 412 VI 23 42.<* VII 4 449 XIII o 449 XIII 3 453 XVI fi 451 XVI C 476 INDEX TO CHARTER. Index to Orfliiiance.s at end of Rev. Code. Inde.x to Scheme, pp. 279-2Si;. Inde.\ to .S7a 348 IV 9 358 IV 32 364 IV 47 459 XVI 15 CITY COUNSELOR— shall be appointed by mayor term of office four years first api)ointraent to be for two years approved by council duties of in reference to suits shall be chief law officer of the city shall advise either house of pssembly or any committee when required shall advise mayor, and through him all other officers shall have a superintending control over business of city attorney shall aid him in discharge of duties, when shall make annual reports to mayor shall conduct proceedings for condemnation of |iroi)erty . . . . form of petition notice to defendants process to be served by city marshal notice by publication shall apiily to circuit court for assessment of damages to real estate for water works shall act as land commissioner, when to furnish le.gal advice to police commissioners 345 IV o 345 IV 9 345 IV 2 348 IV 9 359 IV )>'' 359 IV 32 359 IV 32 359 IV 32 3.59 IV 32 359 IV 32 304 IV 47 385 VI <) 385 VI 2 388 VI :\ 388 VI ;> 388 VI o 428 VII 4 453 XVI 4 459 XVI I.'-. INDEX TO CHARTER. 477 Index to Onlinaiufs at end of Rev. Code. Index to Scheme, pp. 279-2S(;. Index to .s7n/c /.nics for St. Louis, pp. 225 256. CITY DIRECTRIX— [annot.\tions.] determines elevations of higUways, t>tc . CITY HALL— power to erect, purchase or rent (clause \i) . bonds for (clause 1 ) PA(!E. Aiir. sw. 381 HS-2 32S 320 Ill III 2G 2(i CITY REGISTER— See Repisler. CLAIMS— See Auditor. assembly forbidden to compromise assembly cannot ordain payment of unauthorized, penalty for unauthorized payment of CLERKS— limitation of salary of CLERK OF BOARD OF HEALTH— clerk of health commissioner to act as COAL OIL— may regulate inspection of (clause 7) COAL OIL AND VITRIOL FACTORIES— power to prohibit within certain limits (clause O... COAL, STONE— may regulate inspection and weighing of (clause 7), COCK FIGHTS— |)0wer to suppress (clause ij i . . COLLECTIONS— of state revenue, iiower respecting tclause K!) of public money to be paid into city Ireasuo' / by collector to be paid into treasury daily. . collections from water works, how api)lied. collections from harbor fees, how applied. . COLLECTOR— shall be elected for four years shall collect all city, state and school taxes, shall collect all license, wharfage and all claims shall pay over collections to treasurer once each day. state and school taxes to be paid. how. to give bond in not less than $200,000. . . manner of keeping books and accounts. report of collector blanks to be returned shall give receipt to comptroller for tax bills. 341 III so 341 III ;!0 4r.8 XVI 11 401 XVI 18 447 xn 14 333 III 20 332 III 2G 334 III 26 330 III 26 338 III 26 f354 IV 22 356 IV 24 368 IV :'>o 370 V 7 376 V :!i 429 VII <) 461 XVI IS (3.55 IV 22 IV 24 (37ii \- :;i 1 42!l VII ( 4->!l VI 1 11 4:: 4 IX 1 :!4.T IV 1 1 3r.(i IV 24 1 440 Xlll ;; S7(i IV 21 y ::i I 434 IX t; -tr.c IV 2- IV 21 1 37(i \' ;m ::.ii; IV 21 :i.".t! IV 24 s.5(; IV 21 ( 3(i4 IV 47 ( MU IV 4V :)7o \' s 375 V 26 ART. SEC. V 30 V 30 V 30 V 30 V 30 V 31 V 31 V 31 V 32 V 33 V 33 V 33 V 34 IX 6 XIII 3 XIII 3 478 . INDEX TO CHARTER. Index to Ordinances at end of Rev. Code. index to Scheme, pp. 279-28G. Index to State Laws for St. Louis, pp. 225-25C. VAV.T.. bond of collector 376 bond to be executed in duplicate 376 state auditor and mayor may require additional bond 376 bond to be a lien against real estate of collector 376 bond to be given within fifteen days after election, or collector to forfeit office 376 collector to collect all revenue except water rates 376 shall keep a detailed account of collections 376 triplicate receipts to be taken 376 rebate of eight per cent allowed on tax bills, when 377 authority of to appoint deputies 377 to be responsible for acts of deputies 377 bond of deputy to be available to collector 377 may discharge all duties of former county collector 377 shall collect wharfage dues, etc 434 shall collect all school taxes 449 shall give special bond to board 449 [annotations.] in city performs functions of former county collector 293 COMMISSIONERS— iS'ee Condemnation : Streets. Alleys, etc. COMMISSIONERS OP CHARITABLE INSTITUTIONS— shall be appointed by mayor approved by council term of office, four years first appointment, two years exempt from restriction as to holding other offices not required to devote entire time to duties shall have supervision over penal and charitable institu- tions may remove appointed officer of institutions mayor shall fill vacancy mayor not to reappoint any person removed by commissioners to meet once a month at city hall shall visit all institutions once a month may recommend ordinances to assembly, when shall receive no pay for services. -J [annotations.] cannot remove officers without notice and trial 365 COMMISSIONER OF SUPPLIES— shall be apijoiuted by mayor term of office, four years first appointment to be for two years approved by council shall inirchase all articles needed by city municipal assembly to provide for all purchases purchases made without advertising to be approved by comp- troller form of advertisements for proposals bidders may bid for any one article awards to be to the lowest bidder to furnish printed blanks to the bidders opening of bids bids having alterations or erasures to be rejected all contracts to be approved by mayor shall make annual reports to mayor to purchase engines or apparatus for fire department COMMITTEES— all bills nmst be reported upon by 310 III 13 34S IV 2 348 IV 9 345 IV 2 345 IV 2 349 IV 10 350 IV 11 366 IV 49 365 IV 49 365 IV 49 365 IV 49 365 IV 50 365 IV 50 365 IV 50 365 IV 50 345 IV •> 345 IV 2 345 IV o 348 IV 9 357 IV 29 357 IV 29 357 IV 29 357 IV 29 357 IV 29 357 IV 29 357 IV 29 358 IV 29 358 IV 29 358 IV 29 364 IV 47 442 XI 2 INDEX TO CHARTER. 479 Index to Ordinamcs at end of Rev. Code. Index to lichemc. pp. 27!t-2Sti. Index to S/ateZ/OWS for St. Louis, pp. 225 25G. required to report certain bills within m days from time i-.m;k. of reference •' ' " in event of failure, bill to be considered before house or council 310 bill to be acted upon by comnuttee of whole 3I'i engrossinK of bills to be under supervision of 311 on conference, reports of 311 chairman of, authorized to administer oaths to witnesses.. 342 shall obtain indorsement of comptroller on bills contera- plaliiiK expenditure of money 370 Aur SK'. III 13 111 13 111 13 III 1.". III 17 III 31 12 COMPENSATION— See Salarirx. COMPROMISE— of claims, forbidden by municipal assembly, when COMPTROLLER— to be elected for four years to have general supervision of the fiscal affairs of the city. . to supervise collection and disbursement of revenue to see that all necessary legal proceedings are had to prescribe rules and regulations for i)ublic accounts charged with preservation of credit of city to draw requisitions in payment of public debt to make anual reports to assembly and mayor i to supervise all property and assets of city records of his office shall show, what to countersign all warrants on treasury to have access to books and records of any department shall see that accounts of city are kept in proper manner. . . shall give bond to city in not less than $300.000 shall have a seat in municipal assembly may effect a temporary loan to meet judgments to have custody of delinquent and special tax bills, deeds, etc to keep a complete register thereof to join mayor in quitclaim deeds to act with mayor and treasurer in selecting bank for city deposits shall prescribe manner of keeping accounts by collector, %vhen to approve purchases made by the commissioner of supplies, when to receive all blank licenses, etc to take duplicate receipts shall adjust settlements Qf officers, engaged in collection of revenue shall return unused blanks to register ordinances for disbursements to be endorsed by audited accounts to be registered in office of to allow accounts with approval of mayor, when tax bills and assessment books to be delivered to shall examine and stamp bills shall deliver bills to collector shall take receipt from collector receipt for state taxes to be forwarded to state auditor. . . . may correct manifest errors In assessments authority of. in reference to delinquent taxes report of commissioners In condemnation proceedings to be delivered to shall record report in office shall furnish copy of report to assembly may deduct benefits from damages 341 354 356 III IV IV 30 344 IV 1 353 IV 20 353 IV 20 353 IV 20 353 IV 20 353 IV 20 353 IV 20 3,^3 IV 20 304 IV 47 304 IV 48 353 IV 20 353 IV 20 353 IV 20 353 IV 20 3.53 IV 20 :i53 IV 20 353 IV 20 353 IV 20 353 IV 20 353 IV 20 354 IV 20 22 24 357 IV 29 369 V 5 3C9 V 5 370 V 8 370 V 8 370 V 12 371 V 13 371 V 13 375 V 26 375 V 26 375 V 26 375 V 26 375 V 26 375 V 28 37G V 29 393 VI 10 .393 VI 10 393 VI 10 393 VI 11 480 INDEX TO CHARTER. Index to Orclinanres at end of Rev. Code. Index to Scheme, pp. 279-2SG. Index to Siofe Laics for St. Lonis. pp. 225-256. FACE. to register, countersign and deliver all special tax bills.... 413 shall enter "satisfaction" of special tax bills 420 shall countersign all water licenses 429 shall examine monthly statement of collector of water rates 423 shall furnish blanks for wharfage dues, etc 434 shall register contracts for abatement of nuisances 44(i to make deductions in school tax, when 449 to execute contracts for city 454 to countersign contracts, when 454 may inspect books of police commissioners 459 [a\.\OT.\T!I).\,S.] functions of former county court now partly in...". 293 CONCERTS— jiower to license, tax and regulate same (clause 5) 329 CONDEMNATION— See Streets. AVeys. etc. powers to condemn private property for public use (clause 2) 322 of private property for public use 385 f 385 commissioners to be freeholders ' „„^ majority of commissioners may report 3S8 commissioners to asses damages 388 duty of commissioners 388 court review rei)Ort 390 costs of proceedings 391 compensation of commissioners 391 dismissals or withdrawals of proceedings for by city 392 jjroceedings may be discontinued 392 damages and benefits, how i)aid 393 set-off. when 393 paid into court, when 393 city may ueduct benefits from damages 393 city not liable for interest on damages paid into court 393 when title in dispute, damages paid into court 393 when improvement may proceed 393 condemnation for particular uses 394 of property for water works— damages 428 when charter went into effect, how conducted 453 [an.notations.] of property in Illinois for free bridge from St. Louis. .. .294. 386 of property for streets, alleys, etc., discussed 386 begun under old charter after new carried 386 Iiroceedings must comply with all essentials 386. what petition must show 386 conclusiveness and effect of street opening proceedings. . . . 387 distinguished from assessing benefits or taxing for local improvements 387 parties to proceedings for 388 f 389 damages and benefits in proceedings < .,g, report of commissioners, exception, jury, etc 391 cost of 391 dismissal of proceedings 392 appeal 393 when payment of damages becomes due 393 liayment into court of damages, when city permitted, and effect thereof 394 change of .srade, when ojierating as 406 for park purposes 431 of one street car company of the right of way so as to run over tracks of another 44ii ART. SEC. VI 24 VI 26 VII 10 VII 10 IX 6 XII 7 XIII 5 XVI i XVI I XV! 14 III 26 III 26 VI 2 VI 2 VI 4 VI 4 VI 4 VI 5 VI " VI 8 VI S VI 9 VI 9 VI VI VI VI VI VI VI VI VII XVI INDEX TO CHARTER. 481 {Index to Ordinatnes at end of Rev. Code. Iiide.v to Silwme. pi). 279-28(!. Index to .s7n(e Lows for St. Louis, |>|>. 225-256. CONNECTIONS— See Sewers. CONSTITUTION— i-m.k. .vm. sec. t.\.\.NOT.\TIO.NS.] . source of city's powers 289 controls over charter or ordinances, when conflicting. . . . 290 what is a conflict between, and ordinances or charter. . . . 290 how far city is a county under ^ 'qi conferrinK power to tax on city, etc 368 provisions of. do not apply to special taxation l wit |)rovisions as to street railways 436 provisions as to schools, etc -.48 provisions as to city contracts 454 CONTAGIOUS DISEASES— may prevent introduction and spread of (clause t! ) 332 III 26 CONTRACTS— See Board of Public Improvements : Public Work: Public Printing: Street Sprinkling. members of assembly not to be Interested in 305 city officers not to l)e interested in / !j.q originals to be kept by register 355 proposals and awards for supplies 357 all contracts for supplies to be approved by mayor 358 shall be enforced by mayor 364 officer to notify mayor of violation 364 mayor, shall cause suit to enforce 364 f 371 shall not be let unless specific appropriation is made... ■ 4„., to l. Index to State Laws for St. Louis, pp. 225-256. I'.M.r. .VIIT. SKC. set-off aRiilnst lieneflts 393 to be paid Into conrt. when 393 In chanKinK Kiade of street and nuisances 405 asse.ssnient of for real estate taken for water works 428 liablllt.v of rlty 457 l.V\.\OT.\TIONS.] liability of city for. when acting in ministerial, but not J ^.,J. when In leRlslatlve capacity (382 no liability If city falls to enforce ordinances 319 city not liable for officers acting under void ordinances.. 319-320 for violation of ordinance by private person 320 for vacating street 326 liability of city for defective streets, sewers etc 326-328 liability of city for defective sewers, or overflows 327 claimed by private persons, w'hen ordinances to pay per- missible 340 liability of officers for 363 r 389 in street opening cases < jgg in alley oi)enings 390 In condemnations, when city may pay into court 394 for change of grade of streets, etc 405-407 for removal of shade trees 4o7 action for. against city, by contractor prevented from lomiileting contract 420 liability of street railways for tracks In streets 437 where one street car company compels another company to permit use of tracks 440 liability of city for, caused by fire department 442 where there is co-defendant liable with city 458 DANCE HOrSES— lK)wer to license, tax or suppress (clause 5) 330 VI 11 VI 11 VI 19 VII 4 XVI o\ver to suppress (clause 54'. DONATIONS— See Gifts. DRAINS- See Sewers. DRAM SHOPS— power to license, lax. regulate or suppress (clause 5) . r.\NN(IT,\TIONS.] licenses for. controlled by excise commissioner DRAYS— power to license, tax and regulate (clause b) DRUMMERS— power to license, tax and regulate (clause 5) DWELLINGS, ETC — power to enter into .tikI examine (clauses 6 and 12). DYNAMITE— may regtilate storage of (clause 12 ) 335 III 2G 329 111 26 329 111 2C 335 III 26 330 III 26 330 III 2G 37G 330 III 26 330 III 2G f 332 t337 III 26 337 II! 26 E KGGS— may restrain and punish forestalling of (clause 7). K LECTION— for Issue of bonds of city of officers, as-sembly may provide for (clause S) necessary to sell or lease |)arks. submitting question to voters [a.nnotatioxs.] powers of city to provide for, etc., section construed.... contest of of officers and terms commissioner is state officer, how far of school board directors... ELECTION AND REGISTRATION— general election in April, IS77 .... general election every four years thereafter. . [anxotatio.ss 1 In St. Louis, state law .... 334 320 334 431 335 335 345 362 448 303 303 303 III 26 III III VIII 11 II 26 4 48S INDEX TO CHARTER. ■ Index to Ordinances at end of Rev. Code, index to ticheme. pp. 279-286. Index to &7afe Laics for St. Louis, PP- 225-256. ELECTRIC WIRES, CONDUITS, POLES, ETC. — page. .\rt. sec. [anxotatio.ns.] .See this title iri Index to Revised Code. EMERGENCY— exi-epted from other public work 421 VI 27 chief of fire department to purchase or hire apparatus or horses 442 XI 2 EMINENT DOMAIN— .S'er City Counselor : Condemnation : Streets. Alleys, etc. [ann'otations.] See Cuudemiiation. EMPLOYMENT AGENCY— See Intelligence Offices. EMPLOYES— of city, compensation of. to he fixed by assembly, excepting day laborers ( clause 8 ) 334 III 26 ENGINE HOUSE— power to erect, purchase or rent (clause 3) 328 III 26 ENGINEERS— power to license same ( clause 7 ) '. 333 using steam boilers ( clause 7 ) 333 ENGROSSMENT OF BILLS— is under supervision of committee 311 amendments to be incorporated by engrossment 311 EPIDEMICS— proclamation of mayor in time of 446 power of health commissioner in time of 446 power of board of health in time of 446 exjienditures, how provided for 446 expenditures shall not exceed apiiropriation 446 EQUESTRIAN PERFORMANCES— power to license, regulate, tax or suppress (clause 5) 330 III 26 estoppel- Tan NOTATioN.s.] to attack ordinance 309 to deny dedication of streets, etc 383 of owner in suit against him on sjiecial tax bill 419 doctrine of, as applied for or against the city 456-457 to claim salary, when 461 EVIDENCE— [annotations.] how ordinances proved in 309 parol, to show ordinance not iiro|ierly |)assed ■; oqq record of B. P. I. as 359 special tax bills prima facie 43 8 EXAMINERS OF TITLES— power to license, tax and regulate (clause 5) 330 111 26 EXCAVATIONS — [annotations.] rule as to duties in case of, city cannot alter 338 EXCEPTIONS TO COMMISSIONER'S REPORT— [an.notations] in street opening cases 390-391 III 26 III 2G III 15 III 15 XII .S XII s XII ,s XI! s XII s INDEX TO CHARTER. 4S9 1 Index to Ordinamcs at end of Rev. Code. Inde.x to Scheme, pp. 279-2S0. Inde.x to ^7a/^■ /yflics for SI. Louis, pp. 225-25t;. EXECl'TION— PACK. AiiT. ,SKC. [a.v.not.mion.s.] cannot Issue In street opening cases for special tax i r?' cannot Issue against public school property 448 EXPLOSIVES— may regulate storage of (clause 12) 3'i~ 111 2C, F FARES— See Street Railroads. FEES— See Salaries. no salaried of Hcer to receive fees ( clause 8 ) :!34 111 26 for inspection of weights and measures, to be fixed by ordinance ;{r>8 IV SO all fees to be paid into treasury monthly HH XVI 18 [annotations.] I 335 salaried officers receiving < " .„ of witnesses, when disalloweo 335 FE.MAI.E HOSPITAI.— See Hospitals. FERRIES— municipal assembly may resulate and license (clause 4)... 329 III 26 may sell ferry privileges (clause 4) 329 III 26 may establish ferry rates (clause 4) 329 III 26 FINANCIAL AGENTS AND BROKERS— power to license, tax and regulate (clause 5) 330 III 26 FINES— See Workhouse. power to impose, collect and enforce (clause 10) 330 III 26 commitment to workhouse for failure to pay (clause 10) ... . 336 111 26 mayor may remit, etc 351 IV 16 to be unaffected by charter, when 453 XV I 2 cannot exceed $500 4.59 XVI 12 [annotations.] and forfeitures go to school I iiiul when 448 FIRE DEPARTMENT— bonds for buildings, etc., for i clause 1 ) 320 1 1 1 26 to be under control of chief of fire department 441 XI 1 chief to be aiipointed by mayor 441 XI 1 , . ,, ( 348 IV 9 approved by council ■, .^^ ^1 ^ shall make annual reports to mayor 3iM IV 47 term of of fice 441 XI 1 to appoint officers and employees with approval of mayor.. 441 XI 1 to have charge of all property 441 XI 1 to purchase or hire engines, apparatus and horses, when. . . . 442 XI 2 chief to have police powers at fires 442 X I 3 assistant engineer to exercise police powers at fires 442 XI 3 chief to lnspei.] liability of city for damages caused by 4 42 duty of chief to In8|)ect, transferred to Building Commis- sioner 442 FIRE AND POLICE TELEGRAPH — superintendent of to be appointed by mayor.. .... 345 IV 2 term of office four yeare 345 1 V 2 first appointment for two years 345 l\' 2 approved by council 348 I X 9 shall make annual reports to mayor 364 IV 47 490 INDEX TO CHARTER. Index to Ordinances at end of Rev. Code. index to Scheme, pp. 279-2SG. Index to Siaie Laws tor St. Louis, pp. 225-256. FIRE-PLACES— page. may regulate construction of (clause 12) 337 FIRE WALLS— may order and regulate building of (clause 121 337 FIREWOOD— may regulate inspection and weighing of (clause 7) 334 I IRES— power to regulate storage of combustible and inflammable materials (clause 12) 337 power to regulate use of lights and candles in stables, etc. (clause 12) 337 power to adopt precautionary measures (clause 12) 337 power to compel persons to aid in extinguishing of (clause 12) 337 power to compel persons to aid in preservation of pioperty (clause 12) 337 power to enact stringent laws, etc 339 FISCAL OFFICERS— defined 361 FISH— may regulate inspection and venaing of (clause 7) 334 FLOUR— may regulate Inspection of ( clause 7 ) 334 FLUES— power to regulate building of (clause 12) 337 FOREST PARK— repeal of special act 432 F0RESTALLIN(3 — power to restrain and punish same (clause 7 ) 334 FORFEITURES— See Fines: Franchises. power to impose, collect and enforce (clause 10) • 336 - ^ - f306 of offices V^ i 352 l3Hl to be unaffected by charter, when 453 FORTUNE TELLERS— power to license, regulate, tax or suppress (clause 5) 330 FRAME BUILDINGS— power to regulate or prohibit erection of (clause 12) 337 regulation as to erection of 442 FRANCHISES— See Municipal Assembly; Street Railroad. power to grant for railways, etc. (clause 11) 336 assembly may sell franchises for street railroads and to im- pose tax and license 435 surrender of franchise, how effected 439 to be forfeited unless put in use within one year 441 [,\N?JOTATIONS.] /315 city cannot confer monopoly I ^^q to steam railroads in streets, when void 324-325 to street railroads — See Street liaUruads. to railroads, effect of reservation clause to alter, amend or repeal . 337 ART. SEC. Ill 26 III III 20 III III III III III III XI III X X X 26 26 26 26 III 26 III 27 IV 43 III 26 III 26 III 26 VIII 6 III 26 III 26 III 6 IV 19 IV 43 XVI 2 26 26 4 26 INDEX TO CHARTER. 491 Index to Ordinances at end of Rev. Code. Index to Scheme, pp. 279-2S(;. Index to State Laws for St. Louis, pp. 225-256. FU.M'l) I'AdE. .\UT. SEC. (.VNNOT.VTIf NS.] when avoids an ordinance 315-316 KRKK HIUnOE— Nee Hnilijes. FRERHOI-DERS— See Condemnation. I'REK PASSES— on street railroads forbidden ( clause 11) 337 1 11 26 FRONT FOOT Rl'LE— I 380 VI 1 'W5 VI 14 In special taxation, when . ' ' yj jg Uat; VI 29 [AN.Nin ATIONS.] ts valid and sustained by the courts 398 FRIIT— ruay restrain and punish forestalling of (clause T) 334 III 26 FUEl^ may regulate inspection and weighing of (clause 7) 334 III 25 Fl'NI) COMMISSIONERS— board composed of 355 IV 22 to approve bond of bank receiving city deposits 355 IV 22 revenue from water works, how applied 430 vil 11 redemption of water bonds 430 VI 1 11 proceeds of sale of parks to be paid to 431 \'I II 4 disposition of proceeds of O'Fallon Park bonds 432 VI 11 5 disposition of assets of sinking fund under control of fund commissioners 450 XIV 4 FUNDS— See Sinkintj Fund: Harbor and Wharf: Water Works. current of <-ity, to be deposited 354 IV 22 for erecting public buildings 367 V 1 / 354 IV 22 I 35H IV 24 ! 338 IV 30 collections by city officers to be paid into city treasury ' 370 V 7 I 37t? V 31 I 42;i VI 1 9 nil XVI 18 designation of . -'■:' V 6 , iX> VII s water works _ |.^,, y , , , , harbor fund 434 IX 7 CAMBMNG HOUSES— power to suppress (clause 5) . . GAS— city may regulate price and quality of * clause T( GAS COMMISSIONER— member of B. P I., when appolntdl .t... to be appointed by mayor, when to have control of all property l>olonglng to gas works shall supervise oreitinn. repairinir, lighting, etc. of street lamps 330 III 26 334 III 26 345 345 361 IV IV IV 1 40 361 IV 40 492 INDEX TO CHARTER. { Index to Ordinances at end of Rev. Code. Index to -Scheme, pp. 279-28G. Index to .S^a^e Loif.5 for St. Louis, pp. 225-25G. MIT. sj:(". VI i:; I IV 1 40 1 1 III :!o III Ixi XVI 11 GAS PIPE— i-.ViK. connections to be regulated by the board of public imjirove- , ments o94 GAS WORKS— city may purchase and hold property for 294 to be under charge of gas commissioner 361 GAUGE— uniform gauge for street railroads 439 X GENERAL ORDINANCES— See Ordinances. revision of required every five years 340 III [.iX.NOTATIONS.] revision of 340 GENERAL WELFARE CLAUSE— city may pass ordinances to maintain peace, good govern- ment, and general welfare (clause 14 ) 338 III [anxotatio.xs.] cases where applied 339 GIFT ENTERPRISES— power to license, regulate, tax or suppress (clause 5) 330 III GIFTS— city may receive same for charitable and other purposes... 294 f341 city cannot make, when \ 343 1 458 [anxotatio.x.s J city as trustee in testamentary 295 by city of public money, are void 342 GOATS— may regulate and forbid running at large (clause 9) 335 III 2G GRADE— See Special Taj-ation. city to pay damages by chan.ge of . . ., , . 405 VI 19 GRADING— of streets, partial 395 VI 14 special taxation for 404 VI is [an'.nutations.] change of grade of streets, action for damages 405-407 rights and liabilities of the city and ijrojiertv owners.... 405-407 subject discussed 405-407 GRAVE YARDS— all interments to be reported weekly 447 interments forbidden without certificate 447 l)enalty for failure to report weekly 447 [a.n.notations.] not exempt from special taxation 398 GROCER— power to license, tax and regulate ( clause 5) 329 GROUNDS— public, power to sell, lease, etc. (clause 3) 328 GUARANTY— f 3115 in contracts for i)ublic work \ ^qj XII n XII 12 XII 13 III 2C III 2G VI 14 VI 15 2G 2G 26 26 26 INDEX TO CHARTER. 493 Index to Ordinances at end of Rev. Code. Index to Scheme, pp. 279-286. Index to Stote Laios for St. Louis, pp. 225-25C. ailNPOWDER. ETC.— pack. .\kt. skc. power to rcKulate storage of same (I'liiuse 12) 337 III 26 H HACKNEY CAKlilAGES— power to license anu tax (clause 5) :Wii 111 26 HAM.S— public, power to license, tax and regulate (clause 5) 329 111 26 HARBOR — Scf Harbor ami Whart Commissioner: Harbor and Wharf Department. power to construct Improvements in (clause 4 ) 329 to regulale wharves and marine railways (clause 4) 329 to guide or deflect currents of river (clause 4 ) 329 to regulate and license ferries, towboals. etc. (clause 4) . . . . 329 to sell ferry privileges and regulate ferries (clause 4) 329 to create office of port wardens and regulate the mooring of vessels ( clause 4 ) 329 III to charge and collect wharfage and tonnage dues, levee rates, etc. ( clause 4 1 329 limits of harbor 433 HARBOR AND WHARF COMMISSIONER— term of office 345 shall be member of board of public Improvements 345 shall be appointed by mayor ' ,,J' { 4oo approved by council ! jjj* shall make annual rei)ort to mayor 364 shall be head of harbor department 359 shall have charge of construction of repairs of dykes, wharf and levee 360 I \' shall have charge of execution of all ordinances In reference to harbor 360 shall furnish collector information, when 360 to devote whole time to duties of his office 433 official term and bond 433 his salary, deputies and assistants 433 Jurisdiction of commissioner 434 regulating the landing and stationing of boats, etc 434 direct removal of cargo and freights 434 keep wharf and shore free from obstructions 434 authority and duties of commissioner 434 shall make out bills for wharfage and levee dues, etc 434 shall report violations of city ordinances, when 43.'i HARBOR AND WHARF DEPARTMENT— to be under control of harbor and wharf commissioner 433 collections from harbor to be placed to credit of harbor fund 434 moneys collected, how applied 434 moorings of wharfboats 434 owners of wharfboats forbidden to receive commissions. when 435 penalty for violating 435 wharfboats not to affect wharfage dues 435 HAWKERS AND PEDDLERS— power to license. '•'> :'"'! '•■cnlaif iiiausi' .'i i 330 HAY— may regulate lnsi)ectioii and weighing of (clause Ti 334 HEALTH— public, may he secured by necessary measures (clause 141 . . 33.S ill 26 IX .J IV IV 3 IV 3 l.\ IV 9 l.\ *> IV 47 iV 34 IV 38 IV 38 [K IX •> IX 2 IX 4 IX 5 IX 5 IX 5 IX 5 IX i; [X 9 IX 1 IX 7 IX 7 IX S IX 9 IX n IX 10 III 2C III 26 III 26 494 INDEX TO CHARTER. { Index to Ordinances at end of Rev. Code. index to Scheme, pp. 279-28G. Index to State Laics for St. Louis, pp. 225-256. [A.N .NOTATIONS.] PAGE. general welfare, etc 333 ART. SEC. HEALTH COMMISSIONER— See Board of Health. Health Department. appointed by mayor 443 approved by council <' ",,' l44o shall devote his whole time to duties of office 350 HEALTH DEPARTMENT— See Board of Health. creation of 443 to be controlled by board of health and health commissioner 443 health commissioner to be appointed by mayor 443 shall make annual reports to mayor | ^ '^ term of office and bond 443 . qualification of 443 duties of commissioner 444 may make rules and regulations with approval of board. . . . 444 may appoint employes with approval of board 444 may examine buildings, lots, etc 444 may require employe of police force to examine 444 may declare or abate nuisances .* 444 condemnations must be approved by board of health 444 action of board of health to be final 444 commissioner shall obey all orders of board 444 shall provide for registration of births, marriages and deaths 444 shall have charge of hospitals, asylums, etc 444 superintendent of hospitals, how- appointed 444 superintendent of insane asylum, how appointed 444 appointment of employes by health commissioner 444 power of board and commissioner in reference to nuisances. 445 notification to owners 445 penalty for failure to abate 445 notice by publication 445 cost of abatement to be assessed as si)ecial tax, when 445 contracts for abatement 44G proclamation in times of epidemic 44G authority of commissioner and board in such cases 440 extraordinary powers to cease upon order by mayor 440 record of acts and order of commissioner 440 duties of pnysicians in reference to burial certificates 446 all interments to be reported weekly to commissioner 447 reports to specify names, ages, etc 447 board of health to keep a full record of proceedings 447 clerk of commissioner to be clerk of board 44 1 [annotations,] board of healtn — See Board of Health. abatement of nuisances 445 HIGHWAYS— See Streets. Alleys, etc. citizens exempted from working on 457 XVI S [annotations.] See Streets. Alleys, etc. Mississippi river is a highway 29C brid,ge over Mississippi is proper highway 3S2 HOGS— may regulate and prohibit running at large (clause 9) 335 ill 26 HOLIDAY — legislative act prescribed half, on Saturday 350 XII 1 IV 9 XII 1 IV 11 XII 1 XII 1 XII 1 IV 47 XII 3 XII 1 XII 1 XII •i XII 3 XII XII 3 XII 3 XII 3 XII 3 XII ."» XII 3 XII 4 XII 4 XII 5 XII 5 XII 5 XII 6 XII fi XII 6 XII 6 XII 6 XII 7 XIT s XII 8 XII S XII 9 XII 10 XII n XII 11 XII 14 XII It INDEX TO CHARTER. 495 Index to Orditiances at end of Rev. Code. Index to Scheme, pp. 279-28G. Index to iS'tate Lau^s (or St. Louis, pp. 225-25C. HOROSCOPIC VIEWS— pack. power to license, tax and regulate lolause 5) 330 HORSE AND CATTLE DEALERS— power to license, tax and regulate (clause 5) 330 HOSPITALS— lily may purchase and hold property Tor 294 city may issue bonds, etc., for (clause 1 ) 320 power to esiablisti and regulate same (clause a) 330 10 lie in iliarKe of health commissioner and board of health 444 superintorulont of city hospital, how a|)|)ointed, etc 444 superintendent of female hospital, how aiipointed 444 superintendent of insane asylum, how appointed 444 ■superintendent of quarantine, how appointed, etc 444 HOT AIR FLUES — may order and regulate building of (clause 12) 337 HOTELS— power to license, tax and regulate (clause 5) 329 HOIRS— for municipal service 350 Saturday half holiday, by state law 350 HOrSE OF CORRECTION— city may purchase and hold property for 294 power to erect, purchase or rent (clause 3) 328 HOL'SE OF DELEGATES— Sec .Municipal Assembly. branch of municipal assembly 305 to consist of one member from each ward 305 to be elected every two years 305 r 305 qualitications of members of- house of delegates ■ !,," I o4o I 352 oath for members 30G members of, shall not be interested in city contracts < .}vl to forfeit office, when , 30G vacancy in. how filled 306 to appoint its own officers 306 to be sole judge of election of its own members 306 tie vote to be certified to mayor 306 may adopt rules to govern proceedings 306 may arrest and punish for contempt 306 may expel a member by a two-thirds vote 306 presiding offir er to be designated "speaker" 307 majority of members necessary for quorum 307 lesser number may adjourn from day to day 307 may compel attendance of absent members 307 sessions to t:e held with open doors 307 consent of both houses necessary to adjourn for more than seven days 307 to keep a journal of proceedings 307 members nuiy demand yeas and nays 307 members absent without leave to forfeit one dollar 311 compensation of members 311 power to compel attendance of witnesses and production of papers 342 speaker or chairman of any committee authorized to admin- ister oaths to witnesses 342 si)eaker of. to discharge duties of mayor when 352 AKT. Ill III III III IV I III SEC. 2G 26 I 1 111 26 in 2G XII 4 XII 5 XII 5 XII 5 XII 5 26 26 11 1 26 in 1 III 4 III 4 III 5 III 6 IV 10 IV 19 III III 6 IV 10 III 6 III 7 III 8 III s III 8 III 8 III S III 8 III 8 III s III s III R III S III s III 9 III 9 III 14 III 14 III III IV 31 31 IT 496 INDEX TO CHARTER. {Index to Ordinances at end of Rev. Code. Index to Scheme, pp. 279-286. Index to State Laws for St. Louis, pp. 225-256. HOUSE OF REFUGE— pagk. power of city to issue bonds for (clause 1 ) 320 superintendent of shall be appointed by mayor 345 term of office four years 345 first appointment for two years 345 shall make annual reports to mayor 364 [a>n()T.\tio.ns.] now "St. Louis Industrial School." See that title in In- dex to Revised Code. HOUSES OF ASSIGNATION— power to suppress ( clause 5 ) 3»0 HOUSES OF ILL-FAME — power to suppress (clause 5) 330 HUCKSTERS— may be regulated and suppressed ( clause 5 ) 330 I IMPROVEMENT ORDINANCE— j-379 requisite of \ 395 (401 may specify term of years for which work shall be main- ( 395 tained ". \ 401 estimate of cost to be endorsed on 401 to contain specific appropriation 423 [annotations.] discussed 401 IMPROVEMENTS— See Board of Public Improvements : Condemnation; Ordi- nances: Public Improvements : Special Taxation: Spe- cial Tax Bills: Streets. Alleys, etc. ordered by ordinance only 371 r379 recommended by board of public improvements „q, 1401 INDEBTEDNESS— ---c, ,-' how provided for .- 306 by bonds of city ( clause 1 ) 320 [annot.\tions.] as to what is 322 provisions, limitations, etc 367 INJUNCTION— [annotations.] when will lie against enforcement of void ordinance 317 against steam railroads in streets 325 against change of grade 406 does not lie to compel construction of sewer in certain manner or locality 409 delay from, no excuse for not completing jjublic works on" time 425 by street car company against another to i)revent use of its tracks 440 INSANE ASYLUM— right of city to issue bonds for ( clause 1 ) 320 power to erect. ])urchase or rent (clause 3) 32S to be in charge of health commissioner and board of health 444 sujierintendent of, how appointed, etc 444 INSANE PERSONS— power to provide for su])|)0rt and maintenance of (clause 13) 338 \RT. SEC. Ill 26 IV 2 IV 2 IV 2 IV 47 III 26 III 26 III 26 VI 1 VI 14 VI 15 VI 14 VI 15 VI 15 VI 28 14 VI 1 VI 14 VI 15 ^' 1 III 26 III 26 III 26 XII .) XII 5 III 26 2G 26 26 26 26 26 26 26 IV 30 IV 30 IV 30 IN'DEX TO CHARTER. 497 C Index to Oidinaiicru at end of Rev. Code. J Index to Scheme, pj). 279-2St;, ( Index to State haws for St. Louis, pi). 225-256. I'a<;k. akt. skc. INSPECTION— of lumber and buildinK material (clause 7 1 333 of steam boilers ( clause 7 ) 333 of steam heat ins apparatus (clause 7) 333 of various articles of food and manufacture (clause 7) 333 of ha.v and stone coal (clause 7 ) 334 of all kinds of fuel (clause 7) 334 of meat, poultr.v. fish, etc. (clause 7) 334 articles of shipment exempt (clause 7 ) 334 of scales, weights and measures 358 fees to be fixed by assembly 358 use of uninsi)ected scales, weights or measures prohibited.. 358 [annotations.] of milk, cream, butter, etc., ordinance valid / ^^ INSPECTION OF Bl'ILDINGS— See Buildings. of buildings, lots, etc. (clauses G and 12) ! ^i'i "' "** ( oil regulations as to frame buildings 412 XI 4 chief of fire department to inspect all buildings in course of construction 442 XI 5' [annotations.] duty, transferred to commissioner of public buildings.... 442 INSPECTOR OF WEIGHTS AND MEASURES— must be qualified by practical experience (clause 7) "?A to be elected every four years 344 shall Inspect all scales, weights and measures 358 assembly to fix fees for inspection 358 inspector to report collections monthly to comptroller 358 to pay collections daily into city treasury 358 to keep record of inspections ,'?58 shall receive a fixed salary for services 358 use of uninspected scales, weights or measures prohibited.. 358 shall make annual reports to mayor 364 blanks to be returned 370 INSPECTORS AND G AUGERS — power to license, tax and regulate (clause 5) 330 111 2C INSTALLMENTS— See Special Tax Bills. certain special tax bills payable in 415 vi 25 [anxotatkins.] when due. and how |>leaded 420 INSURANCE AGENTS— power to license, tax. etc. (clause 5) 330 III 26 INSURANCE COMPANIES— power to tax. license and regulate (clause 5) 330 III 26 INTELLIGENCE OFFICES— power to license, tax, regulate or suppress (clause 5) 330 III 26 INTEREST— ordinances to pay, on city bonds 322 city not liable for, when 393 when payable in installments 415 on special tax bills 415 on special tax bills for street sprinkling 426 [annotations.] when and how city may avoid, in condemnation prooeed- Ings n94 on special tax bills 415 III 26 IV 1 IV 30 IV 30 IV 30 IV 30 IV 30 IV 30 IV 30 IV 47 V 8 111 26 VI 11 VI 25 VI 25 VI 29 498 INDEX TO CHARTER. Index to Ordinances at end of Rev. Code. Index to Scheme, pp. 279-286. Index to StaZe Lajos for St. Louis, pp. 225-256. INTERMENTS — weekly report of, to be made to health commissioner. reports to specify names, ages, etc penalty for burial without certificate penalty for failure to report PAGE. ART. SEC. 447 XII 11 447 XII 11 447 XII 12 447 XII 13 320 J JAILER— shall be appointed by mayor term of office four years first appointment to be for two years approved by council shall make annual reports to mayor JAILS— power of city to issue bonds for (clause 1) . JOINT DISTRICT SEWERS— See Sewers. JUDGMENTS— temporary loans authorized to meet same 353 in condemnation proceedings 393 against city for damages 457 to be first enforced against other defendants 457 liability of the city limited 457 [annotations.] executions in street openings 387, 389 executions against school property 448 JUDICIAL NOTICE — [annotations.] of charter 291 of city's population, city is political subdivision, etc 291 of ordinances 309 JURISDICTION— [annotations.] over Mississippi River : 296 of board of equalization 374 in street opening, widening, etc 3S6-3S7 on appeal from street openings and condemnations 393 to pass ordinance for street improvements in case of re- monstrance 400 none, for street improvements not recommended by B. P. I. 404 JURORS— assembly may fix compensation of (clause 8) 334 JURY— [annotations.] in street opening cases 391 JUSTICES— See Police Justices. JUSTICES OF THE PEACE— concurrent jurisdiction with police justices, when jurisdiction of hold police court, when [annotations] city considered as county, respecting 345 IV 2 345 IV 9 345 IV 348 IV 9 364 IV 47 III III 26 IV 20 VI 10 XVI 9 XVI 9 XVI 9 26 356 IV 26 356 IV 27 357 IV 27 292 INDEX TO CHARTER. 499 f Index to Ordinances at end of Rev. Code. i Index to Scheme, pp. 279-28G. I Index to State Laws for St. Louis, pp. 225-256. K KETTLE— PARE. .\HT. skc. may r>>inove or prevent construction of (clause 12) 337 III 26 I. lahorp:rs. day— assembly may not establish compensation of (clause S).... ;!P,l 111 2C LAND— See Real Estate. LAND COMMISSIONER— when city counselor shall act as 453 XVI 4 LARD— city may regulate inspection of (clause 7) 334 III 2C LATHS— power to collect wharfage on ( clause 4 ) 329 111 20 LAWYERS— power to tax and regulate (clause 5) 329 III 26 [.\NNOT.VriONS.] state law forbids taxing as 331 LEASE — f!ee Wharf. '"'^^■^■- °f «='^>' {lis III 26 of unpaved wharf (clause 4) 329 III 26 of parks, squares, etc., how made 432 \'1 1 1 4 LECTI'RERS— power to license, tax and regulate (clause 5) 330 III 26 LEGISLATIVE DEPARTMENT— See CoiincH : House of Deleoate.'i : ^fllnicipal Assembly. LEGISLATIVE POWERS— Sec Municipal Assemhiy, and the Various Subjects and Ob- jects of Leflislative Action. vested in municipal assembly 305 111 1 of mayor and assembly 320 III 2C [.A.NNOT.\TIOXR.] and their limitations, general note thereon 315-319 can only be exercised by assembly and mayor, not by reso- lution or permit 318 city not liable for non-enforcement of its 319 how far opening of streets is an exercise of 382 LEGISLATIVE PROCEEDINGS— See Municipal Assembly; Ordinances. LEVEE— See Harbor and Wharf Department. LEVEE R.VTES— See Wharfage. LIABILITY OF CITY. OR OFFICERS, FOR DAMAGES— Sec Damages. LICENSE COLLECTOR— [annotatio.ns.] license tax collected by 376 LICENSES— power to license trades, avocations, etc. (clause 5) 329 III 26 power of assembly to provide for levy and collection of.... 369 V 4 500 INDEX TO CHARTER. Index to Ordinances at end of Rev. Code. Index to Scheme, pp. 279-2SG. Index to .S7a«e Laics for St. Louis, pp. 225-256. bank licenses, how issued. . . . blanks to be returned for use of water, how issued. PAGE. ART. SEC. 369 V 5 370 V ■S 429 VII 10 [annotations.] collections for, now transferred by statute to License Col- lector 356, 376 LICENSES AND LICENSE TAXES— power of city to license, tax and regulate various trades, vo- cations and other subjects enumerated (clause 5) 329 [annotations.^ power of city given by constitution 330 when valid, and when void 330-331 LIENS (of Special Tax Bills) — street openings other special tax bills limitation of [ A N NOT.^TIONS.] of special tax-bills of void special tax-bill cloud on title. of special tax against two lots, when erroneous .j 405 of special tax-bills, when attaching LIGHTS — use of, in stables, shops, etc., may be regulated (clause 12 i . LIMITATIONS— of lien on special tax bill [annot.\tio\s.] statute of, not running against city so as to lose its property but runs in favor of city of actions on special tax bills LIQUORS— may regulate inspection of (clause 7) LIVERY STABLES— power to license, tax and regulate (clause .')!. may regulate use of light in (clause 12) LOANS— See Borrow Money. LOGS— power to collect wharfage on (clause 4) LOT— meaning of term as used in charter [annot.\tions,] meaning of LOTTERY TICKET DEALERS— power to liaense. tax or suppress (clause .'>). LUMBER— power to collect wharfage on (clause 4) inspection of (clause 7) LUNG TESTERS— power to tax, regulate or suijpress (clause 5) . 330 337 III 26 388 (414 M26 (445 415 VI VI VI XII VI 5 25 29 G 2.") /389 1416 420 (399 ■^405 (410 420 337 III 26 415 VI 25 384 384 419 III 26 III III 26 26 329 III 26 397 VI 14 399 330 III 26 329 III 26 333 III 26 330 III 26 INDEX TO CHARTER. 501 Index to Ordinames at end of Rev. Code. Index to Scheme, pp. 279-280. Index to state Laws for St. Louis, pp. 225-256. \1 .MAGNIFYING GLASSES— I"A<:k. power to license, tax or suppress (clause ;">) 330 MAINTENANCE— I 380 ill contracts for public work ■! -qj (403 [.\N.NOTATI0.NS.] clause for. effect of, in contracts for public work 402 MANDAML'S- [.\N NOTATIONS.] against mayor to revoKe void permit 352 compelling approval of bonds by 3G2 compelling city to pay its oonds by 367 of auditor denied where no api>ropriation 371 against school board to compel tax levy 448 to recover salary due officer 460 MAMFACTURE— of articles detrimental to health may be prevented (clause 6) 332 MARINE RAILWAYS— municliial assembly may regulate same (clause 4) 329 MARKET PRODUCTS— may restrain and punish forestalling of, etc. (clause 7) 334 ■MARKETS- power to erect, purchase or rent (clause 3) 328 (ity may designate place in city for sale of articles (clause 7» 334 condemnation of privati property for 385 MARRIAGES — [lower to enforce registration of ( clause 5 ) 330 health commissioner to provide for registration of 444 .MARSHAI.— See "Marshal" in Index to Scheme: also in Revised Code. shall be elected for four years 344 may have such deputies as are provided by ordinance.... 351 duties of 358 to serve notice of special tax bills ,' shall iveep a dialled account of the receipts of money :!.'n shall report receipts and delinquencies monthly to conip troller '•■'•^ may appoint deputies with approval of mayor 35s . , I 3ia >■«?<"■' °f |3ti4 to serve process of circuit court, when 388 action against for false return 414 MASQUERADES— power 10 license, regulate or suppress (clause 5). :'•'■'■'< MAYOR— to order an election to fill vacancy in assembly :;uu to order a new election in case of a tie vole 306 to approve or disapprove ordinances within ten days 313 may approve or reject items of appropriation, when 311 .Mtr. SKC. II! 26 VI 1 VI 14 VI 15 VI 17 111 26 TTT 20 in 26 III 20 111 26 VI 2 III 26 XII 4 IV 1 IV 14 IV 31 IV 31 VI 25 IV 31 IV 31 IV 31 IV 47 IV 48 VI VI 25 III III 7 III 8 III 23 III 24 502 INDEX TO CHARTER. ■ Index to Ordinances at end of Rev. Code. Index to Hcheme. pp. 279-2S6. Index to State Laws for St. Louis, pp. 225-256. PAGE. to submit to assembly statement of items objected to 314 to transmit statement of items objected to, to register, when 314 veto of ordinances 3^4 veto — how disposed of in assembly 314 legislative powers of mayor and assembly. 320 and assembly, authority concerning election for bond issues. 321 summary power of in reference to nuisances (clause 6).... 332 to be elected for four years 344 officers appointed by 345 first appointment under charter to be for two years 345 subsequent appointments to be made at beginning of third year of mayor's term 345 shall appoint board of public Improvements 345 may suspend elected officers 34G may temporarily fill vacancies 34G shall notify council of the suspension of elective officers. . . . 347 shall present charges to council 348 shall furnish copy of charges to officers 348 removal of appointive officers by 348 shall notify council of such removal 348 may temporarily fill vacancies, when 348 may remove officers elected by council 348 appointment by mayor, no confirmation, when 348 shall fill vacancies created by council 348 appointments by mayor to be confirmed by council 348 may continue to nominate until nominee is confirmed 348 new nominations to be made within ten days from rejection of nominee 348 (349 qualifications of mayor J 351 1352 not required to devote entire time to the duties of office 350 to remove or suspend officer failing to devote entire time to duties of office 350 removal of mayor 350 vacancy in mayor's office, how filled 350 may remove any assistant for cause 351 office to be in City Hall 351 to be chief executive officer of city 351 general duties of mayor 351 to enforce laws and ordinances 351 may remit fines, costs, forfeitures and penalties, when 351 may appoint persons to examine departments 351 absence or incapacity of mayor, how provided for 352 may call special session of assembly 352 permanent residence of, to be within city 352 may authorize legal proceedings 353 shall approve requisition in payment of public debt 353 to approve bond of comptroller 353 to approve temporary loans to meet judgments • 353 to api)rove acts of comptroller, when 353 to execute quitclaim deeds, when 353 to approve bond of auditor 354 to select, with comptroller and treasurer, bank for current deposits of city funds 355 official acts to be attested by register 355 to approve bond of collector 35C may direct prosecution of cases before justices of the peace 356 may designate places for police courts, when 357 to approve all contracts by commissioner of supplies 357 process or orders to be executed by marshal 358 city counselor to advise mayor 358 may require reports from city coiinselor 359 isay direct city counselor to aid city attorney 359 shall order suits to be commenced against delinquent officers 362 may settle disputes between officers respecting their duties. 363 ABT. SEC. Ill 24 III 24 III 25 III 25 III 26 III 26 III 26 IV 1 IV 2 IV 2 IV 2 IV 3 IV 5 IV 5 IV 6 IV 6 IV 6 IV 7 IV 7 IV 7 IV 7 IV 8 IV S IV 9 IV 9 IV 9 IV 10 IV 15 IV 19 IV n IV 11 IV 12 IV 13 IV 14 IV 14 IV 15 IV 16 IV 16 IV 16 IV 16 IV 17 IV IS IV 19 IV 20 IV 20 IV 20 IV 20 IV 20 IV 20 IV 21 IV 22 IV 23 IV 24 IV 26 IV 27 IV 29 IV 31 IV 32 IV 32 IV 32 IV 43 IV 44 INDEX TO CHARTER. 503 Index to Ordinances at end of Rev. Code. Index to Scheme, pp. 279-28C. Index to 67aprove recommendations to the commissioner of sup- plies, when shall appoint health commissioner may remove same shall be member and president of board of health shall ai)polnt superintendent of city hospital shall appoint superintendent of female hospital shall appoint superintendent of Insane asylum shall appoint suiierintendent of quarantine shall ai)prove contracts for abatement of nuisances proclamation of in time of epidemics may forfeit contract for printinK. when may approve temporary contract for printing, when shall promulgate Scheme and Charter shall execute appeal bonds for city Okkickks ArroiNTKn by Mayor U.noer Charter Provisions — City Counselor Superintendent House of Refuge Suiierintendent Work House Commissioner of Supplies Assessor and Collector of Water Rates Superintendent of Fire and Police Telegraph Jailer ( 2 ) Police Justices City Attorney (5> Commissioners on Charitable Institutions District Assessors . . . Street Commissioner Sewer Commissioner Water Commissioner Harbor and Wharf Commissioner Park Commissioner Gas Commissioner, wh»Mi Chief of Fire Department May flu vacancies, when.. Health Commissioner (2) Members of Board of Health. PAGE. ART. SEC. S64 IV 46 364 IV 47 365 IV 49 365 IV 49 371 V 13 376 V 30 423 VI 28 429 vir S 429 VII 9 431 VIII 9 432 VIII 5 433 IX 2 439 X 3 441 XI 1 441 XI 1 442 XI 2 442 XI 2 443 xir 1 443 XII 1 443 XI I •) 444 XII 5 444 XII 5 444 XII 5 444 XII 5 446 XII 7 446 XII S 451 XV 1 451 XV 1 453 XVI 5 453 XVI 6 345 IV 2 345 IV 2 345 IV 2 345 IV 2 345 IV 2 345 IV 2 345 IV 2 345 IV 2 345 IV 345 IV 2 (345 IV 2 \371 V 15 345 IV 3 345 IV 3 (345 IV 3 U27 VII 1 (346 \433 IV 3 IX 2 I 345 IV 3 1 430 VIII 1 345 IV « 441 XI 1 f :mi; IV 5 348 IV 8 365 IV 49 443 XII 1 443 XII 3 504 INDEX TO CHARTER. { AKT. SEC. XII 5 XII 5 XII 5 XII 5 Index to Ordinances at end of Rev, Code. Index to Scheme, pp. 279-286. Index to State Laws for St. Louis, pp. 225-256. PAGE. Superintendent of City Hospital 444 Superintendent of Female Hospital 444 ' Superintendent of Insane Asylum 444 Superintendent of Quarantine 444 OmcEKS Ari'oiNTKi) nv Mayor U.nuer Oiii)i.\.\NCE Pkovisio.ns — See Index to Revised Code under "Mayor." Officers Appointed by Mayor U-Mier State St.\ti'tes — See Index to State Laics for St. Louis, under "Mayor." [annot.\tio.ns.] duties formerly of county court, transferred to 293 contest of election of 335 remission of fines by 351-352 cannot act alone, where ordinance required, permit void. . < oij, mandamus to revoke illegal permit from 352 is city officer, not state officer 362 MEAL— may regulate inspection of (clause 7) 333 III 26 MEASURER— See Inspector of Weights and Measures. inspector of, duties and compensation 358 IV 30 MEASURES— power to regulate and establish standard of (clause 7).... 333 III 26 power to provide for inspection of (clause 7) 333 III 26 MEAT — may regulate inspection and vending of (clause 7) 334 III 26 MEAT SHOPS— power to establish, license and regulate same (clause 3) . . . . 32S III 26 MENAGERIES— power to license or suppress i clause 5 ) 330 III 26 MERCANTILE AGENTS— power to license, regulate or suppress (clause 5) 330 III 26 MERCHANTS— power to license, tax and regulate (clause 5) 329 III 26 METROPOLITAN POLICE— See Police. MILK— may regulate inspection of (clause 7) 334 III 26 [annotations.] ordinances for inspection of upheld ■[ qqq INDEX TO CHARTER. 506 ' Index to Ordinances at end of Rev. Code. Index to Scheme, pp. 279-28C. [Index to State Laws for St. Louis, pp. 225 25C .MISSISSIPPI RIVER— PAGE. eastern boundary of city 295 power to Kiilde and deflect current, construct Improvement in harbor, etc 329 definition of liarbor 43;! city's jurisdiction of 435 l.\N NOTATIONS.] free bridKe ovei" — See Bridges; Bonds. jurisdiction over 290 is hlKlnvay. obstruction of. etc 29G AKT. SKC. I 2 III -'r, IX 3 IX 4 .MOLASSES— may regulate Inspection of (clause 7). 333 MONEYS— power to borrow on credit of city (clause 1)... power to appropriate money of city (clause 1). to be deposited in banl 371 y It 429 VII 1 1 434 IX 1 458 XVI 11 [axxotations.] power of city to borrow. . . .MO.VOPOLY— [axsotatioss.] city cannot confer franchise creating of material selected by B. P. I. for street improvements. . Mfl.LANPHY BEQUEST— administration of board of thirteen members to be elected by council not more than five shall reside in any one congressional dis- trict board to receive no compensation . . MTNICIPAL ASSEMBLY— Sec Lcpislative Powers: Ordinances: Vole. to establish corrected ward limits every five years correction to be based on number of registered voters in each ward 322 1315 \440 402 453 453 453 4.".:! 303 legislative power of city vested in to be composed of two houses , style of assembly council to consist of thirteen members elected at large. quailficallons of members of council. XVI XVI XVI XVI 303 I 4 1305 III 1 \320 III 26 305 III 1 305 III 1 305 III O r305 305 III 2 III 6 348 IV 10 352 IV 19 506 INDEX TO CHARTER. ( Index to Ordiiiances at end of Rev. Code. i Inde.x to Scheme, pp. 279-28G. (index to State Laws for St. Louis, pp 225-256. PAGE. terms of members of council first elected 305 house of delegates to be composed of one member from each ward 305 delegates to be elected every two years 305 r305 qualifications of members of house of delegates J ^V^ I 352 not to be interested in city contracts 305 corrupt practices or crimes 306 members ceasing to possess qualifications to forfeit office.. 306 vacancies in assembly, how filled 306 each house to appoint its own officers 306 tie vote to be certified to mayor 306 each house may adopt rules to govern proceedings 306 may expel members by two-thirds vote 306 each house may arrest and punish for contempt 307 presiding member of council to be designated "president". . 307 president to be elected, as such on general ticket 307 presiding officer of house of delegates to be designated as "Speaker" 307 majority of members elect of each house necessary for quorum 307 consent of both houses necessary for adjournment for more than seven days 307 may adjourn from day to day 307 power as to election and return of qualification of members 306 session of each house to be held with open doors 307 two members may demand yeas and nays 307 journal of proceedings 307 members to be ineligible for office during term 307 members of cannot hold another office 307 no member to be an employe of city during term 307 one session of the assembly to be held annually 308 session to commence the third Tuesday in April 308 style of ordinances 310 origin, amendment and passage of bills 310 bills not to contain more than one subject to be clearly ex- pressed in title except appropriation 310 III 13 certain bills to be reported within 40 days from time of reference to committee 310 III 13 in case of failure, bill will be considered before house or council 310 to be acted upon by committee of the whole 310 compensation of members 311 members absent without leave to forfeit one dollar 311 to assess, levy and collect taxes I „gg to condemn private property (clause 2) 322 to borrow money on the faith and credit of the city (clause 1) 320 to appropriate money of the city < .,f. to establish, open, vacate and improve streets, etc. er dangerous rub- bish ( clause 12 ) may regulate building of partition fire-walls, smoke-stacks, etc. (clause 12 ) may provide for safe construction of buildings (clause 12) . may regulate or prohibit wooden buildings within prescribed limits ( clause 12 ) may compel persons to aid in extinguishing fires (clause 12) may compel owners of buildings to have scuttles on roof (clause 12) « may provide for the support and maintenance of insane persons (clause 13) may provide for the support and maintenance of poor per- sons ( clause 13 ) may exercise power of county court in assessment and col- lection of state revenue (clause I'i) may pass ordinances to maintain peace and good govern- ment (clause 14) may enforce ordinances by fine and penalty (clause 14) ... . fines and forfeitures limited (clause 14) may purchase, rent or lease real or personal itroperty (clause 14) may provide for taking census of city (clause 14) shall enact laws to secure safety from fires in halls and buildings forbidden to remit taxes or compromise claims payment of damages prohibited except by a two-thirds vote gifts or donations or compromise forbidden, when p.\(:f. ,\)!T. SEC. 334 Ill 26 332 III 26 330 III 26 334 III 26 334 III 26 334 III 26 335 III 26 335 III 26 335 III 26 335 III 26 335 III 26 336 III 26 336 III 20 334 III 26 342 III 32 1361 IV 42 1 363 IV 45 330 III 26 336 III 26 336 III 26 330 III 26 336 III 26 337 III 26 337 III 26 337 III 20 337 III 26 337 III 26 337 III 26 337 III 26 337 III 26 337 III 26 337 III 20 337 III 26 338 III 26 338 III 26 338 III 26 338 III 26 338 III 26 338 III 26 338 III 20 338 III 26 339 III 27 341 III 30 341 III 30 f341 III 30 ^343 III 33 (4.5S .XVI 11 WnEX TO CHARTER. 509 AKT. SKC. HI :!! III HI III :n III :!2 III :!2 III ■:a IV 4 IV IS IV 18 IV 20 IV 27 IV 27 IV 27 IV -'S IV 29 IV 30 IV 30 IV 32 IV 32 IV VI 42 {Index to Ordinances at end of Rev. Code. Index to Sitieme. pp. 279-28G. Index to N/n ?5G. PAIiE. may compel attendance of witnesses 342 may compel production of papers 342 may Issue subpoena duces tecum 342 power to (llstrll)Ule powers and duties of officers 342 power to abroKate offices 342 shall enforce restrictions as to stone quarries, rendering factories, etc 343 shall fix bonds of city officers 346 special sessions of, how called 352 same, to what actions to be confined, etc 352 comptroller to have a seat In either branch of 353 may increase number of police justices, how 357 may divide the city into police justice dislriits 357 may provide for holding i)ollce courts, when 357 shall define the duties of all city officers 357 to provide for i)urchase of supplies 357 to provide for inspection of scales, weights, etc 358 to fix fees for such Inspections 358 may require reports from city counselor 358 may require legal advice from same 359 shall provide additional duties for board of public Improve- ments 361 shall provide for a|)|)olutnient of assistants and employes of board 361 power to create offices 363 to establish rates of tax 366 power to Increase rate for payment of public debt 366 for erecting public buildings 366 separate sinking funds required, when ■' oSIl ( OOtf |)ower to levy and collect wharfage, etc .' ~^^ I oba appropriations to be In conformity with constitution 370 limitation of ai>propriatlons 370 all ordinances contemplating payment of money to be en- dorsed by comptroller 370 shall establish assessment districts 371 rate of taxes shall be established by fourth Monday in May of each year ". 375 same, failure to do so 375 even* Improvement ordinance to contain specific appropria- ( 371 tlon \ 423 streets to be established by ordinance by 379 vote on improvement bills 403 two-thirds vole necessary to pass an ordinance for public improvements, when 403 ordinances for all public work to be recommended by board of public improvements 403 forbidden to contract for public work ' "}? ' ( 464 may direct by ordinance advertisements for bids 421 may authorize by ordinance the laying of water pipe 428 may regulate water rates 429 may require re|)ort from fund commissioners 430 shall make annual appropriation for parks 431 authority of to sell or lease parks, squares, etc ' ,^5 I 4qJ proceeds to be paid to sinking fund 432 sale or lease of parks, etc.. recommended by board of public Improvements to he submitted to vote of people 432 power of In reference to street railroads 435 may sell franchise or right of way 435 may Impose tax per capita, or may tax gross receipts 435 may regulate running of cars 438 may tax property of companies. . 43S IV 42 IV 4.T \' 1 V I V 1 V 1 V 6 III 26 \' 4 V 9 V 10 V 12 V 15 V 27 V 27 V 14 VI 2S VI 1 VI 16 16 VI 17 VI 27 XVI 1 VI 27 VII :> VII 11 VII 11 VIII •> III 2i; VIII 4 VIII 4 VIII 4 X 1 X 1 X 1 X «> X n 510 INDEX TO CHARTER. < Index to Ordinances at end of Rev. Code. •j Index to Schevie. pp. 279-280. I Index to State Laws for St. Louis, pp. 22.'. 2n6. PACE. may regulate rates of fare 43,S width of rail prescribed 439 shall establish a uniform gauge 439 shall keep streets in repair between rail 439 shall require conijjanies to give bond 439 shall prescribe regulations for one railway company using the tracks of another 440 may prescribe duties of Health Commissioner 443 shall fix bond of Health Commissioner 443 shall publish abstract of proceedings within forty-eight hours • 451 two-thirds vote necessary to print a document a second time 451 shall determine the number of the mayor's annual messages to be printed 452 to provide by ordinance for the regulation of public pro- cessions 458 penalty for members voting unauthorized claims 458 penalty for misapplication of public funds 458 oath of office 459 may inspect books of Police Commissioners 459 shall fix salaries of all officers 459 shall not increase same during the term of office 459 [axnot.^tions.] performs duties formerly in county court 293 members of not to be interested in contracts 306 payments of taxes as a qualification of member 306 vacancy in, how filled / ^.!? is sole judge of qualification of members 307 functions of presiding officers legislative 307 journal of. as evidence 307 de facto member cannot recover salary 311 {•-11 5 when acts legislative, when ministerial ! j; 'J' powers of. must not conflict with constitution or statutes. 290 powers of, emanate only from the charter 317 cannot legislate by resolution 318 power of, to compel attendance of witnesses and punish for contempt -. 342 special sessions of, what may be considered 352 may define duties of officers 357 members of are city officers 362 power to create offices 3G3 delegation of authority by — See Delegation of Poioers. pow'ers over railways — .See Street Railivays : Franchises. MUNICIPAL BUILDINGS— city may erect, purchase or rent property for (clause 3)... 328 bonds f 01- erection of 320 MUNICIPAL COURTS— See Police Courts: Police Justices. MUSCLE DEVELOPERS— power to license, regulate or su])press (clause ''/) 330 ART. SEC. X 2 X 4 X 4 X 5 X 5 X 6 XII 1 XII 1 XV 2 XV 2 XV XVI 10 XVI 11 XVI 11 XVI 13 XVI 14 XVI 17 XVI 17 III III III 26 26 26 N NAME— Sec Corporate Kaine. NAPHTHA — may regulate inspection of (clause 7) , 333 III 26 [annotations.] [333 III 2C III L'O IV 31 VI 25 VI 3 VI 14 INDEX TO CHARTER. 511 Index to Onliiianres at end of Rev. Code. Iiide.x to Scheme, pp. 279-28G. Inde.x to State Imhs for St. Louie, pp. 225-25C. NITROGLYCERINE— page. akt. sec. may regiilatp storage of (clause 12) 337 III 2C NOISE— may restrain and prevent (clause 9) 335 III 2C NOTES— power oi city to lioirow money on (clause 1) 320 no note to be made for longer period than twelve raontlis ( clause 1 ) 320 NOTICE— See Health Department ; Marshal: Nuisances. of special tax bill, served by marshal i ,., to defendant in condemnation proceedings 388 for street improvements, etc., hearing 395 [annot.xtions.] of meeting of H. P. 1. for street improvements, materials, to be used, etc 399 of letting of contracts for public work 423 NUISANCES— See Health Dei)artme>it. city may declare, prevent and abate (clause G) 332 summary power of mayor in reference to (clause C) 332 on private property to be abated, when 405 power of Health Commissioner in reference to ' ,,Z ( 445 condemnations to be approved by board of health 444 police to reiiort to health commissioner 444 action of board of health to be final 444 abatement and removal of 445 board of health shall officially declare 445 notification to owners 445 penalty for failure to atiate 445 non-residents, how notified 445 notice by publication 445 cost of abatement to be assessed as special tax, shall be a lien, and how collected 445 contract for abatement 44G III 26 III 2() VI 19 XII 3 XII 6 XII 3 XII 4 XII 3 XII G XII 6 XII 6 XII 6 XII 6 XII C XII 6 XII 7 see references to discussions ■• 405 (445 street railways without authority in streets are 437 abatement of by board of health 445 o OATH OR AFFIRMATION— for members of municipal assembly may be administered by president of council by speaker of house of delegates by chairman of committee of either house register to preserve all taken by city officers may tie administered by register every officer and assistant to take for member of assembly and all city officers 459 XVI 13 OBSTRICTIONS— power to prevent or remove on sidewalks, streets, etc. (clauses) 335 III 2f> may prevent or remove (clause 9) 335 III 2C [annotations.] of river — See Mississippi River. of 8tre«t8 — See Streets. Alleys, etc. 305 HI 6 342 III 31 342 HI 31 342 HI 31 355 IV 23 355 IV 23 361 IV 43 512 INDEX TO CHARTER. ("Index to Ordinances at end of Rev. Code. \ Index to Scheme, pp. 279-286. ( Index to State Laws for St. Lkjius, pp. 22.^ 25S OCCUPATIONS— P.KCE. ART. SEC. See Various Occupations. power to license, tax and regulate (clause 5) 329 III 26 OFFICE BUILDINGS— power to license, tax and regulate (clause 5) 329 III 26 OFFICE HOURS— charter provisions regulating 350 IV 11 [.\.NXOTATl()NS.] half holiday on Saturday 350 OFFICES AND OFFICERS — general election of 303 I 305 I 305 qualifications of elected and ai)i)Ointed officers ' 348 i 351 \ 352 power to provide for election or appointment of (clause 8) . . 334 power to provide for suspension and removal of (clause 8) 334 power to establish the salaries of ( clause 8 ) 334 salary not to be changed during term (clause 8> 334 salaried officers forbidden to receive fees . < ,';; ( 461 office may be changed and abrogated, transferred and dis- tributed — three-fourths vote 342 elective officers and their terms 344 appointive officers and their terms 345 first appointments under charter 345 bonds of. to be fixed by ordinance 346 bonds to be approved by mayor and council 346 suspension and removal of 346 susi)ension of elected officers by mayor 347 vacancy in event of removal, how filled 348 removal of appointed officers 348 vacancies, how filled 348 removal of appointed officers by council 348 mayor to fill vacancy so created 348 appointments by mayor no confirmation, when 348 appointments of officers by mayor 348 mayor's nomination to be confirmed by council 348 council to elect officers, when 348 shall not hold any state or federal office 349 officers to devote entire timo to duties 350 hours for municipal business 350 removal of elected officers by council 350 vacancy in mayor's office, how filled 350 deputies of sheriff, coroner and marshal 351 all offices to be in City Hall unless otherwise provided by assembly 351 remove! of assistants of any officer 351 mayor to be chief executive officer of city 351 absence of mayor, how provided for 352 permanent residence to be within limits of citv 352 (354 I 356 I 358 collections of money bv to be deposited in treasury { 370 1376 I 429 1 461 duties of officers to be defined, increased or diminished by assembly 357 IV additional duties may be required of members and board of public improvements by assembly 361 IV addiitional assistants and employes 361 IV II 1 III 2 III 5 IV 10 IV 15 IV 19 III 26 III 26 III 26 III 26 III 26 XVI 18 III 32 IV 1 IV •> IV 2 IV 4 IV 4 IV 5 IV 6 IV 6 IV 1 IV ( IV S IV 8 IV S IV 9 IV 9 IV 9 IV 10 IV 11 IV 11 IV 12 IV 13 IV 14 IV 14 IV 14 IV 15 IV 17 IV 19 IV 22 IV 24 IV 30 V 7 V 31 VII 9 XVI 18 28 42 42 INDEX TO CHAKTER. 513 {ludex to Ordinances at end of Rev. Code. Index to Scheme, pp. 279-286. Index to State Laws for St. Louis, pp. 225-256. oath for city officers bond of to be given within fifteen days after election or appointment term "officers" defined term "fiscal officers" defined officers to forfeit office, when difficulties between to be settled by mayor new offices may be created by assembly — two-thirds vote. . . shall make annual reports to mayor reports of comptroller, auditor and treasurer reports of collector and marshal report of board of public improvements settlements of officers engaged in collection of revenue unused blanks to be returned proofs of all printing to be submitted to criminal liability of municipal officers, agents and servants. penalty for misapplication of public funds penalty for allowing unauthorized claims no salary to exceed $.">.(iiiO per annum salary of deputy limited to $2,500 salary of clerk to $1.S0() fees and perqui-sites of to be paid Into treasury. all salaries to be paid monthly '. continued in office until April, 1877 [annotations.] transfer of former county functions to corresponding city functionaries de facto member of assembly cannot recover salary de facto officers de facto officers, whether can recover salary ordinances of de facto body, when valid street openings begun under old charter valid on de facto principle PACK. ART. SEC. SGI IV 43 361 IV 43 361 IV 43 361 IV 43 362 IV 43 363 IV 4 1 363 IV ■1.". 364 IV 47 364 IV 48 364 IV 48 364 IV 48 370 V 8 370 V 8 452 XV 3 458 XVI 11 458 XVI 11 458 XVI 11 461 XVI 18 461 XVI 18 461 XVI 18 461 XVI 18 461 XVI 18 461 XVI 20 assembly may abolish office, salary ceases. power, of assembly over election and terms of officers. vacancy, when exists removal of. discussed removal of by commissioners of charitable institutions, appointment of officers, etc. — See Appointments. qualifications necessary for office not to be interested in city contracts time devoted to duties assistants to officers defining duties of officers definition of officers what are state officers, or city officers, etc right of resignation liability of presumption of right acting by officers O.MNlUrSES— power to license, tax and regulate (clause 5) . ORDIN.VRIES— power to regulate, license or suppress (clause 5). ORDINANCES— style of ordinances no ordinance except appropriation bills to contain more than one subject . . 292-293 311 363 460 318 386 [342 J 357 460 363 345 1346 1350 346-347 365 348-350 349 350 351 357 362 362 363 363 (401 (417 330 111 26 330 III 26 310 lU 12 310 in 13 514 INDEX TO CHARTER. Index to Ordinances at end ot Rev. Code. Index to HcUeme. \t\i. 279-28G. Index to fe7a(e Lairs for St. Louis, pp. 225-250. PAGE. subject of to be expressed In title 310 no ordinance to be passed except by bill 310 amendment of must not change original purpose 310 may originate in either house 310 may be amended or rejected in either house 310 must be read three different days in each house 310 must be reported upon by committees 310 to be within forty days from time of reference, public im- provement bills 310 same — effect of failure 310 recommended by board of public improvements, how re- ported 310 all amendments to be incorporated In bill by engrossment. . 311 engrossing of to be under supervision of committee 311 majority of members of each nouse necessary to pass 311 vote to be taken by yeas and nays 311 amendments to be concurred In by both houses 311 report of committees on conference 311 no ordinance to be revived or re-enacted by reference to title 312 form of amendments to 312 motion to reconsider 312 to take effect ten days after approval 312 apjiropriation ordinance to take effect on approval 312 exception in case of emergency 312 jjresiding officer of each house to sign bill in open session. . 312 bill to be read at length before passage 312 objection as to alteration of bill to be passed upon by house 312 presiding officer to withhold his signature if objection is sustained 313 when approved by mayor to be returned within ten days to assembly or register 313 mayor may approve portions of appropriation bill 314 items objected to by mayor to be reported to assembly or register 314 veto of ordinances by mayor 314 bill to be filed with register 314 two-thirds vote of members elect in each house necessary to pass bill over veto 314 j-314 originals of to be in custody of register \ 339 [355 numbering, printing and filing of same 339 repeal of general ordinances must be in express terms 339 revision of general ordinances every five years 340 contemplating expenditure of money must be indorsed by comptroller before passage 370 authorizing improvements to contain specific api)ropriation. ■ ^'^.^ streets to be established by, to be recommended by board of public im]irovements 379 r 370 3S.5 for imiirovements. or opening of streets, etc.. to originate J 395 with board of p\iblic Improvements i 403 I 411 I 421 estimate of cost to be indorsed thereon by president of board J ^^i of jniblic improvements ] 403 for all public work to be recommended by board of public improvements 403 for sale or lease of public parks recommended by board of public improvements - 431 publication of within five days after approval 4bl existing ordinances to remain In force, when 453 for the opening of streets, repeal of 453 ART. SEC. Ill 13 III 13 III 13 III 13 III 13 III 13 111 13 III IS III 13 III 13 111 If) III 15 III 16 III 16 III 17 III 17 III 18 III 19 III 20 111 21 111 21 111 21 111 99 111 00 III 22 111 22 III 23 111 24 111 24 III 25 111 25 III 25 111 25 III 28 IV 23 111 28 111 28 III 29 V 12 V 14 VI 28 VI 1 VI 1 VI VI 14 VI 17 VI o*> VI 27 VI 15 VI 27 VI 28 VI VIII 4 .XV 2 XVI 1 XVI 4 INDEX TO CHARTER. 515 {Index to Orilinanves at end of Rev. Code. Index to Svhemc. pp. 279-2Sr>. Index to Slate Lairs for St. Louis, pp. 225-256. [ A.N NOTATIONS.] PAnE. AHT. SKf. are void if in conflict with constitution 290 I '>ni uro void if not aiitliorized bv ilianer i ;,_ V ill are void pro tanto so far as in conflict with new charter. . 4.~>;i apply lo new territory, where city boundaries are changed 29G seniMul note on .tdS-lJlii departure from prescribed form, effect of 308 partial validity of. effect 308 presiini|ilivt> validity of 308 pleadini,- of 309 judicial notice of, not taken 309 evidence of, how proved 309 public presumed to know 309 estoppel to attack 309 construction of. Is for the court ■, .,,„ three readings, directory 3i0 bill to contain one title, clearly expressed, etc 310-311 when take effect; validity of steps between approval and lapse of ten days thereafter 312 to take effect on certain contingency, when valid 312 signing of, by presiding officer, etc 313 signing or return by mayor 313 effect and dignity of. as laws 315 when void on account of fraud In passage 316 when oppressive or unreasonable 316 wluMi injunction againsi enforcement of, will lie 317 uncertainty and vagueness in, effect of 317 resolution cannot operate as ordinance, when 318 of de facto body, when valid 318 construction of, rules for. etc 31S-319 city not liable for non-enforcement of 319 conferring franchise on steam railroads in streets, when void 324-325 conferring franchises on street railways, when void 325 repeal of 339-340 revision of 340 special and general defined 340 function of revision of 341 The Revised code of St. Louis 341 former revisions 341 provisions for printing not applicable lo revisions 452 effect of failure to publish as required 452 for street improvements. In case of remonstrance 400 for street improvements, in general, discussed 401-402 for street Improvements partially valid, pro tanto recovery 402 for public Improvements, estimate of costs to be endorsed. 403 all. for public work must emanate from B. P. I 404 tor sewer construction 410 for public work cannot validate a forfeited contract 425 printing of 452 existing at passage of charter, how. far valid 453 F'ARK COMMISSIONER— term of office shall iH? a member of board of public Improvements. shall be appointed by mayor. approved by council shall be head of park department 345 IV 3 345 IV 3 (34r. IV 3 1430 vm 1 (348 IV it 1430 vm 1 3.59 IV 34 516 INDEX TO CHARTER. {Index to Ordinances at end of Rev. Code. Index to Scheme, pp. 279-286. Index to State Laws for St. Louis, pp. 225-256. PACE. shall have charge and control of all parks and squares ' ^Ij, shall make annual reports to mayor 364 term of office and bond 431 appointment of employes, etc 431 duty of park commissioner 431 PARKS— power of city to issue bonds for puriioses of 320 f ope power to improve and regulate or sell or lease same ,,Jj ( 4t>i to be under charge of park commissioner ! '?^ J Tower Grove Park excepted 430 annual appropriation for 431 entrance and exit gates 431 l)roceeds of sale of parks to be paid to fund commissioners. . 432 all rentals, how disposed of 432 sale or lease to be submitted to the people by ordinance rec- ommended by board of i)ublic improvements 432 l)roceeds of O'Fallon Park bonds to be paid to fund com- \ missioners 432 repeal of special park acts 432 [annotations.] relation and powers of city toward its 431 contracts by city for restaurants iu, where liquor is served. {aqo condemnation of property for 431 special tax bills for imiirovements by way of 431 PARTIES— in condemnation proceedings 385 defendants in action against city 457 [anniitations.] in condemnation proceedings 388 to special tax bills and actions thereon 417-418 PARTITION FEN'CES— may order and regulate building of (clause 12) 337 PARTITION WALLS— power to regulate the building of (clause 12) 337 PASSES— on railroads forbidden, when (clause 11) 336 PATENT RIGHT DEALERS— power to license, tax, etc. (clause 5) ' 330 PAWNBROKERS— power to license, tax and regulate (clause 5) 330 PAY-ROLLS— all i)ayments on to be made by treasurer 354 PEDDLERS— See Hawkers and Peddlers. Itower to license, tax or supin-ess (clause 5) 330 PENALTIES— .S'ee Fines. Forfeitures. power to impose, collect and enforce (clause 10) 330 ART. SEC. IV 39 VIII 1 IV 47 VIII 1 VIII 2 VIII 2 III 26 III 26 VIII 4 IV 39 VIII 1 VIII 1 VIII 3 VIII 3 VIII 4 VIII 4 VIII VIII VIII VI 2 XVI 9 III 26 III 26 III 26 III 26 III 26 IV 22 III 26 III 26 INDEX TO CHARTER. 517 {Index to Ordinances at end of Rev. Code. Index to Scheme, pp. 279-286. Index to .S/ofc /-aii's for St. Louis, pp. 225-256. I'AGK. .\KT. SK«'. mayor may remit, when 351 IV 16 failure to make water connections 428 VII 6 owner of wharf boats to receive no commission 435 I.X 9 failure to abate nuisance 445 Xll i> failure 10 report death 447 XII 10 to be unaffected by charter, when 453 XVI _ mlsa|)plicatlon of public funds, voting or allowln.i; un- authorized claims 458 .XVl 1 1 for violation of charter 459 XVI 12 PER.MITS— blank permits, how used 369 V 5 water and gas i)lpe connections may only be made under.. 394 VI 13 sewer connections 412 VI 23 [a.nnot.\tions.] from mavor void where ordinance required .* „„ 1 362 mandamus to revoke Illegal 352 PERSONAL PROPERTY- SCO Pruperty. comptroller authorized to hear and determine allegations of manifest errors in assessments of ;!75 V 28 PKTITION — in condemnation proceedings 385 VI 2 [.\N\OT.\TIONS.] In condemnation proceedings 386 in actions on special tax bills 418 PHOTOGRAPHISTS — power to license, tax and regulate same (clause 5) 329 III 26 PHYSICIANS — members of board of health, to be 443 .XII 2 duties of, as to burial certificates 446 XII in PIO PENS— power to prohibit within certain limits (clause 6) 332 III 26 PISTOL GALLERIES — power to regulate, tax or suppress i clause 5) 330 III 26 PLATS — of subdivisions or dedications, etc must be in accordance with law shall not be recorded until indorsed by board of public improvements validity of plats to be approved by surveyor [.vs. NOTATIONS.] dedication of streets, etc., by 383 POLICE— See Board of Police Commissioners. no system to be established other than metropolitan (clause 2 ) officers to observe sanitary condition of districts chief of, to report nuisances city counselor and attorney to advise commissioners forbidden to employ special counsel at city's expense expenses of force to be paid by city 379 \-| 1 379 VI 1 379 VI 1 380 VI 1 380 VI 1 323 III 28 444 XII ( 444 XII 4 459 XVI 15 459 XVI 15 4. 59 XVI 16 518 INDEX TO CHARTER. {Index to Ordinances at end of Rev. Code. Index to SchC7«e. pp. 2T9-2S6. Index to State Laws for St. Louis, pp. 225-25C. [.4.XNOTATIO.NS.] PAGE. State provision excludes charter power over 328 are state and city officers 362 salaries and expenses of, how paid 459 POLICE COMMISSIONERS — />'ee Board of Police Commissioners. POLICE COURTS— See this title in Index to Revised Code. city has power to establish / ?^^ \io7 place of holding 357 POLICE DEPARTMENT — See Board of Police Cominissioners — Police. POLICE JUSTICES — .See Police Courts. to be appointed by mayor 345 approved by council 348 terms of office four years 345 first appointment to be tor two years 345 their powers and jurisdiction 356 power to punish for contempt of court 356 power to enforce legal orders and judgments 356 power to give judgment on forfeited bond 356 to be conservators of the peace 356 powers and duties to be prescribed by ordinance 356 justices of the peace to have concurrent jurisdiction, when 356 assembly may increase number of by two-thirds vote 357 assembly may divide city into judicial districts 357 may provide tor holding police courts, when 357 disqualified, when 357 shall provide places for holding such courts 357 such places may be designated by mayor, when 357 shall make annual reports to mayor 364 POOR HOUSE — city may purchase and hold property for 294 city may erect, purchase or rent (clause 3) 328 power of city to issue bonds for. , 320 POOR PERSONS — power to provide for maintenance of (clause 13) 338 PORK— may regulate inspection of (clause 7) ■ 333 PORTERS — power to license, tax and regulate (clause 5) 330 PORT WARDENS — office of, may be created ( clause 4) 329 POSTS— power to collect wharfage on (clause 4) 329 POULTRY— may regulate insiiection and vending of (clause 7) 33 4 ■may restrain and punish forestalling of (clause 7).... 334 POWERS— See City; Corporate Powers [annotations.] Of city— See City. delegation of from State to City, or by municipal as- sembly, etc. — See Delegation of Potvers. to enact ordinances, when none — see Ordinances. ART. SEC. IV 25 IV 27 IV 27 IV 2 IV 9 IV 2 IV 2 IV 25 IV 25 IV 25 IV 25 IV 26 IV 26 IV 26 IV 27 IV 27 IV 27 IV 27 IV 27 IV 27 IV 47 I 1 III 26 III 26 III 26 in 26 III 2C 111 26 III 26 III 2fi 111 26 INDEX TO CHARTER. 619 r Index to Ordinances at end of Rev. Code. ■! Index to Scheme, pp. 279-280. (index to iS/a/e /,oics for St. Louis, pp. 225-256. PRESIDENT OF BOARD OF ASSESSORS— See Board of Assessors: Assessment of Property. PRESIDENT OF BOARD OF PUBLC IMPROVEMENTS— Sec HoanI of Piilitic Improrements : il IV 11 3G1 IV 41 sr.i IV 41 SCI IV 41 ( 3(il IV 41 1413 VI 2 I 304 1 \ 47 413 VI 24 44fi XII 1 413 312 III 352 IV 307 432 VIII 380 VI 1 401 VI 15 445 XII 6 358 IV 31 388 VI 3 4.'-.S XVI III 330 III 26 294 I 294 I 294 I 294 I (294 1 \ 32S 111 **tl I 2114 I I 431 VIII r'.37 III 26 520 INDEX TO CHARTER. {Index to Ordinances at end of Rev. Code. Index to Scheme, pp. 279-2SG. Index to State Laws for St. Louis, pp. 22o-25C. VI III III 26 26 IV 1 V 1 V 1 III 26 III 26 PAGK. AV.T. SEC. comptroller to have supervision 353 IV 20 of water works cannot be sold or disposed of 430 VII 13 [.V-\ NOTATIONS.] autliority of city to purchase, hold and dispose of 294 subject to taxation 368-369 title to public, not lost by adverse possession 384 title to. may be acquired by city by adverse possession. . . . 384 dedication of — See Dedication. condemnation for public uses — See Condemnation. sjiecial taxation of — See Special Taxation : Special Taj- Bills. PROPERTY QUALIFICATIONS— commissioners in condemnation proceedings to be freehold- ers 385 PROVISIONS— may regulate inspection and weighing of (clause 7) 334 may restrain and punish forestalling of. etc. (clause 7).... 334 PUBLIC ADMINISTRATOR — See Scheme. Sec. .7. shall be elected every four years 344 PUBLIC BUILDINGS— rate of taxes for erecting, how increased 366 revenue for "erecting public buildings'" 36G power of city to issue bonds for 320 PUBLIC BUILDINGS AND HALLS— power to license, tax. etc. ( clause 5) 329 PUBLIC DEBT— See Indebtedness ; Revenue. sinking funds I „|.(J taxes collected for to be designated "interest and public debt revenue ' 369 PUBLIC GROUNDS— to inclose, improve, regulate or sell (clause 5j 329 PUBLIC HEALTH— See Health Department. may be secured by nec.essary measures (clauses 6 and 14). i '"T"^ may prevent business dangerous to (clause 6) 332 health commissioner to have supervision over 444 PUBLIC IMPROVEMENTS— See Board of Public Improi^eynents : Streets. Alleys, etc.; Public Work. at city's expense, when i ,J, , bonds for 320 PUBLIC LECTURERS— power to license, tax and regulate ( clause 5) 330 PUBLIC MEETINGS— power to regulate same (clause 5) 330 PUBLIC PARKS— See Parks. PUBLIC PRINTING AND BINDING— register to have supervision of 355 IV register to contract for 451 XV V 1 V 6 V 6 III 26 III 26 III 26 III 26 XII 3 VI 14 VI IS III 26 111 26 111 26 23 1 INDEX TO CHARTER. 521 {Index to Ordinances at end of Rev. Code, index to Scheme, pp. 279-28G. Index to S/arc /-air.v for St. Louis, pp. 22.V25G. PA(!K. register to advertise for seaied proposals 451 bids to be opened in off ire of register 451 bids witti erasures, etc.. not to be considered 451 printing to be awarded to the lowest bidder 451 bids and awards to be reported to council 451 if council reject, register to advertise for new bids 451 council to confirm awards 451 contracts for public printing 451 specifications of contracts 451 paid for by city, regulated 451 "printing" defined 451 forfeiture of contract 451 contract for job printing ami binding 451 register and mayor may contract temporarily 451 publication of ordinances 451 publication of proceedings of assembly 451 second printing of documents permitted, when 451 annual printing of city documents 452 proofs of all printing to be submitted to officer interested. . 432 to bind city for payment, prescribed regulatior.s must be fol- lowed 452 [annotations.] of ordinances within five days not applicable to revising ordinance 452 failure to publish ordinances in five days, effect 452 when unauthorized, ordinance to pay is void 452 PIBI.IC SCHOOLS— city officers to assess school taxes 449 city collector to collect school taxes 449 board to fix rate of school taxes annually 449 school tax in extended limits 449 may be remitted, when 449 comptroller to make deductions 449 [annotations.] director of. Is state officer 3G2 board of education of -448 school board, nature of corporation, etc 448 school board elections 448 .garnishment, execution, etc., against board of 448 elections of directors of 448 fines payable to fund for 448 power to levy and assess taxes for school purposes < ,'!„ I 44y power of board to determine rate of taxes 449 power of board to include merchants' tax 449 Pl'BLIC SEWERS— Sec Scircr.i. PfBLIC SQIARES - to be established, how :{85 PfBLIC WORK— Sec Hoard of PiibUc Improvements. j 370 indorsement of estimate of cost of. on onllnaiicp ' *^' ! 421 I 423 Improvement ordinance to contain specific appropriation. ... / ^„ I 423 , 379 I 385 ordinances for to be recommended by board of public Im- ] 394 provements i 403 ,'411 I 421 AHT. XV XV x>/ XV XV XV XV XV XV xv XV XV XV XV -W XV \v XV XV XV VI XIII 2 XIII 3 XIII 4 XIII 5 Xlli 5 Xlll 5 V 12 15 27 28 14 28 1 '> 14 17 22 27 5Z2 INDEIX: TO CHARTER. r Index to Ordinances at end of Rev. Code. J^ Index to Scheme, pp. 279-286. ( Index to Stale Laws for St. Louis, pp. 225-256. PAGE. fSSO J 395 maintenance or guaranty < ^2 [403 no liability of city growing out of, when | ^io assembly forbidden to contract for | ^f^ emergency work and repairs requiring prompt attention ex- cepted 421 board of public improvements to submit ordinances for pro- posed 421 advertising for bids, requisites 421 contract to be let to lowest responsible bidder 421 who deemed not responsible bidder 421 bids may be rejected 421 sureties on contractor's bond 421 certified check to accompany all bids 421 board to let contracts for 421 bonds relating to 421 work may be done in parts, bu,t appropriation shall be made for each part 423 contract, provision for .' 423 may be suspended, when 423 suspension of work on complaint 423 board of public improvements to examine and re|)ort cost, to be paid by whom 423 contracts for, relating to water works to be let as others. . 427 all contracts to be in writing, executed in name of city by proper officers 454 to be made by comptroller, when 454 ART. SEC. VI 1 VI 14 VI 15 VI 17 VI 24 VI 28 VI 27 XVI I VI VI 27 VI 27 VI 27 VI 27 VI 27 VI 27 VI 27 VI 27 VI 27 VI 28 VI 28 VI 28 VI 28 VI 28 VII 3 XVI 7 XVI 7 [A.\iX0TATIO>;.S.] special tax for — See Special Taxation; Special Taj- Bills. notice to property owners of meeting, materials to be used. etc 399 owners concluded to dispute necessity of. or benefit from. 399 the ordinance for 401 pro tanto recovery for 402 maintenance and guarantee clause in contracts for 402 estimate of cost to be endorsed on ordinance for 403 ordinance for must be recommended by B. P 1 404 same — amendment of ordinance 404 repairs — See Repairs. for sew-ers 409 what strictness required to enable recovery on special tax f 416 bills \ 417 interference of city with, liability to contractor 420 -hat is {^^1-422 contract must emenate from linard public imin'ovements. . I '},,., letting to lowest bidder 422 notice of letting 4^3 delay in letting contract 423 conditions in contract for 424 bond of contractor for 424 time for completion of. and its effect on validity of special tax bills 425 extension of time for completion of 425 INDEX TO CHARTER. 523 Index to Urdinances at end of Rev. Code. Index to Scheme, pp. 279-28G. index to State Laws for St. Louis, pp. 225-256 Q QUARANTINE— power to establish and enforce reKiilatlons of (clause 6) . . . . 10 be In charge of health commissioner superintendent of, how appointed QUARRIES— power to regulate same (clause 6) not to be opened within 300 feet of dwelling without consent PAGE. .IKT. .SKC. :is2 Ill 26 444 XII 4 444 xu & 332 (TT 26 343 III 34 R RAILS— description of 439 to keep space between rails in repair, etc 439 RAILROADS— See franchises : Street Haihcays RAILROADS (STEAM)— [annotatio.vs.] In streets, when ordinances for. void — See Franchises. not exempted from special taxation 398 aa to street railways — See Street I{ailicays. REAL ESTATE— city may take, hold, etc 294 [annotations.] right of city to hold, dispose of, purchase, etc 294-295 dedicated to certain use, diversion to another ! .f^v excavation, city cannot change common law duties 338 taxation of, by city 3C8 dedication of — See Dedication. condemnation for public uses — See Condemnation. special taxation of — See Special Taxation. conveyance by city, how made 457 deeds by city 457 REAL ESTATE AGENTS— power to license, tax and regulate (clause 5) 330 RECEIPTS— 3r.4 to be Issued in triplicate by treasurer ^1|. I 42U RECOGNIZANCES— Sec Bonds. to be unaffected by charter, when. . 453 RECONSTRICTION- See Public Work. Streets, etc. RECORUKR OF DEEDS— elected for four years 344 duty to deliver conveyances to Pres. Board .Assess 373 duties as to recording plats of streets, etc. . 379 REGISTER- (314 shall have custody of original ordinances. ... \ ;{39 1 355 t 339 to number, print and file ordinances • ,,. X X 111 26 IV 22 V 7 V 31 VII 9 XVI IV I V 21 VI 1 III 25 III 28 IV 23 III 28 XV <> 524 INDEX TO CHARTER. {Index to Ordinances at end of Rev. Code. Index to Scheme, pp. 279-286. Index to fftate Laws tor St. Louis, pp. 225-25C. PAGE. to be elected eveiy four years 344 to have custody of city seal 355 of contracts, deeds, bonds, etc 355 to register all documents by numbers, date and contents. . . ' 1454 to attest all public instruments of official acts of mayor... 355 to certify copies of original documents 355 may charge fees for certified copy 355 shall have general supervision of public printing 355 shall cause to be printed, filed, etc.. all ordinances 355 shall register and preserve contracts and oaths of officers.. 355 may appoint clerks with approval of mayor 355 may administer oaths to officers 355 may exercise same authority as clerk of county court 355 to issue blank licenses, tickets, permits, etc 369 to stamp with seal and deliver to comptroller 369 shall forward collector's bond to state auditor 376 to contract for all printing and binding 451 shall advertise for proposals for public printing 451 bids to be opened at office of 451 shall report bids and awards to council 451 shall advertise for new bids if council reject 451 specifications of contract for printing 451 contract for job printing and binding 451 may temporarily contract with approval of mayor, when... 451 attested copies of contracts to be furnished to officers inter- ested in 454 ART. SEC. IV 1 IV 23 IV 23 IV 23 XVI 7 IV 23 IV 23 IV 23 IV 23 IV 23 IV 23 IV 23 IV 23 IV 23 V ') V 5 V ?,0 XV \ XV XV XV XV XV XV XV XVI [.\X NOTATIONS.] duties of former county clerk transferred to. 292-293 REGISTRAl'ION— .S'ee Election and Registration. REMONSTRANCE— against street improvements, etc 394 two-thirds vote of board required in case of 395 when made, requisite vote in assembly 403 [annotations.] against street improvements . . . , \ ^, REMOVAL— See Council: Mayor: Municipal Assembly : Offices and Offi- cers. VI 14 VI 14 VI 16 1 1 III 26 III 26 RENDERING FACTORIES — not to be opened within 300 feet of a dwelling, except bv consent 343 III 34 RENT— (294 citv may rent property \ 328 (338 REPAIRS— See Streets. Alleys, etc.: Sewers. of district sewers, paid for by city 410 VI 21 requiring prompt attention excepted from other public work 421 VI 27 [an.notations.] of street paving, clause in contract for improvement 402 of streets, alleys, boulevards, etc., who to pay I J^ INDEX TO CHARTER. 525 {Index to Ordinances at end of Rev. Code. Index to Silieme. pp. 279-286. index to Slate Laics for St. Louis, pp. 225-25G. REPAYING— p.UiK. Aur. SKC. streets, etc 395 VI 14 REPEALS— See Orflinances. general ordinances of prior date may only be repealed by express terms 339 111 28 of special park acts 432 Vlll 6 not resulting from adoption of charter, when 453 XV'l 1 [annotations.] of ordinances — See Ordinances. of charter or ordinance provisions effected by Inconsist- ent statutory enactment 290 REPORTS— clilef of every department to report annually to mayor and quarterly to comptroller ;!(iJ l\' 47 annual reports to be submitted by mayor to assembly 364 l\' 47 of comptroller, auditor, treasurer, collector ami marshal... 364 1\' 48 of board of public improvements 365 1 \' 48 of coiumissloners to assess benefits and damages in condem- ( 390 VI 6 nat ion ( 39-i VI 9 of commissioners on complaint of citizens against con- tractors 423 VI 28 RESIDENCE— I 305 III 2 rpsi.lt^uip "f .m'icers ' '^^^ '," '^ I 349 l\ HI 1352 I\' I<) [annot.vtions.] and citizenship as qualification for office 349 RESOLUTIONS— See ^tunicil>at Assembly: Ordinances. RETAILERS— power to license, tax and regulate (clause 5) 330 111 26 RESTAURANTS (OR ORDI.NARIES)- l)ower to regulate, license and suppress (clause 5) 330 111 26 KEVfeNUE— See Appropriations; Collector: License Tax: Licenses: License Collector: Taxes: Treasurer. > of state, power same as county court of St. Louis county (clause 13) . '. 33s m 26 (354 IV 22 I 3.56 IV 24 1 35.S I\- 30 all collections to be paid into city treasury j 3y0 \' 7 I 370 V 31 I 420 VII 9 1461 XVI 18 for municipal purposes SGi; v I for erecting public buildings 366 v 1 levy and collection of taxes 366 y 1 rates of taxes 367 v 1 power to increase rate for payment of public debt 307 v 1 payment of taxes, how enforced 369 V 3 licenses, wharfage, etc 369 V 4 Issue of blank licenses, etc 369 V 5 taxes collected for municipal purposes designated "municipal revenue" 369 V 6 taxes collected for the payment of the public debt to be designated "interest and public debt revenue" 369 V 6 classification of taxes 369 V 6 526 INDEX TO CHARTER. Index to Ordinances at end ot Kev. Code. Index to Scheme, pp. 279-28G. Index to Htate Laws for St. Louis, pp. 225-256. PAGE. settlements with fiscal officers 370 all revenues to be collected by collector except water rates. . 37G from water works, how applied 429 from harbor fees, how applied 434 [annotations.] functions of county officials before separation now devolve on collector 293 and taxation, powers of city, etc., discussed 367-369 collector cannot now collect dramshop licenses nor ( 356 licenses in general \ 376 See also Taxation. REVISION OF ORDINANCES— every five years required 340 [annotations.] revisions of, etc. — See Ordinances. RIOTS— jiower to restrain and prevent ( clause 9 ) 335 RIVER— eastern boundary of city 295 power to guide and deflect current of. etc. (clause 4) 329 power to construct improvements in harbor of (clause 4).. 329 harbor defined 433 city's jurisdiction of 435 [annotations.] free bridge over — See Bridges: Bonds. jurisdiction over 296 is highway — obstruction of. etc 296 ROADS— citizens exempted from working on 457 RUBBISH— dangerous, may regulate safe deposit of (clause 12) 337 RUM— may regulate inspection of (clause 71 334 RUNNERS- power to license, tax or regulate (clause 5) 330 s ST LOUIS INDUSTRIAL SCHOOL— See House of Refuge. SALARIES— of members of assembly 311 no officer receiving a salary to receive fees (clause S).... 334 power to establish salaries of all officers (clause S) 334 no salary of officer to be changed during term (clause 8) . . 334 of president of council or speaker of the house when acting as mayor 352 assembly to fix salaries of all officers 459 may increase and diminish by ordinance 459 no increase to be made during term of office 459 no salary to exceed $5,000 per annum 461 no assistant or deputy to receive over $2.500 461 no clerk to receive over $1,800 461 all fees, perquisites, etc., to be paid into treasury 461 to be paid monthly 461 [annotations.] de facto members of assembly cannot recover 311 whether de facto officers may recover 460 f 334 officers receiving, cannot receive fees, or pay for overtime ^ , .^ change of during term 335 AltT. SEC. V 8 V 31 VII 11 IX 7 III III 29 26 I 2 III 26 III 26 IX 3 IX 4 XVI 8 III 26 III 26 III 26 III 14 III 26 III 26 III 26 IV 17 XVI 17 XVI 17 XVI 17 XVI 18 XVI IS XVI IS XVI IS XVI IS INDEX TO niAKTEIl. 527 {Index to Ordinances at end of Rev. Code. Index to Scheme, pp. 279-28G. index to Htate Laws for St. LouIb. pp. 225-25«. PAtiK. ART. SEC. offit-e nia.v be abolished, causing cessation of < .,?,, and expenses of police 459 ill general, discussion 459-461 iluriiig suspension period 4G0 assignability of 4(10 457 45S 4G1 294 I 1 430 VII 13 432 VIII 4 estoppel to cUilni. when SALE— of |)roperty by city of water works forbidden of parks and squares, how may be made [annotations.] conveyances by city, how made, etc 457 SALES A.ND LIVERY STABLES— power to license, tax and regulate (clause 5) 330 III 26 SALOONS— Nee Pramshops. power to license, tax or suppress (clause 5) 330 III 26 SANITARY SYSTEM— power to establish (clause 2) 323 III 26 SATISFACTION— of special tax bills, entry of 414 VI 2.> SATIRDAV— [annotations.] half-holiday 350 SCALES— power to regulate and establish standard of (clause 7) 333 III 26 inspection of 358 IV 30 SCHEME— mayor to promulgate in pamphlet firm 453 XVI 5 [annotations.] when adopted and effect of adoption 289 and charter — See Charter. SCHOOLS— Srr Puhlir Schools. SCHOOL PCRPOSES— tax for 44;i XIII 4 [annotations.] Sec Public Schools. power to levy taxes for . . 448 SEAI-^ power to have and use a common seal register to have custody of to affix same to public Instruments and official nets of mayor to certify under to copies of original documents SESSIONS— Scr Municipal Assembly. annual spe lal [annotation.*.] special, of municipal assembly 352 SET OFF— damage.^ and benefits In condemnation proceedings SEWER COMMISSIONER— term of office of to be appointed by mayor 294 I 1 355 IV 23 355 IV 23 355 IV ■>•» 308 III 11 3.12 IV IS 393 VI II .:;:. IV 2 :'.4.') IV S 528 INDEX TO CHARTER. f Index to Ordinances at end of Rev. Code. } Index to Scheme, pp. 279-286. ( Index to Utate Laws for St. Louis, pp. 225-256. shall be a member of board of public improvements approved by council shall devote his whole time to duties of his office shall be head of sewer department shall be responsible for action of his employes shall have charge of all sewers assembly may provide additional duties and employes shall make annual reports to mayor SEWERS— See Special Taxation. power of city to issue bonds for power to construct and repair (clause 2) city may regulate use of (clause 2) construction, repairs, etc., of all sewers to be under charge of sewer commissioner condemnation of private property for classification of sewer system public sewers defined district sewers defined joint district sewers defined private sewers defined district sewers, establishmeni and construction of district may be changed special taxation for authorized repairs and other incidental expense paid by city reconstruction of, permitted at expense of property Joint district sewers, how established special taxation for how levied and assessed when territory outside of city limits is drained, ai)portion- ment of cost may be constructed in sections private sewers, city to be at no expense for same sewers and drains deemed private may be acquired by city special taxation therefor authorized connections with other sewers, compensation for at option of city 412 VI [.ANNOTATIONS.] connection with denied until special tax-bill paid city's right to lay, superior lo water company's rights. . . . liability of city for defective, or for overflows classification of, under new charter definition and object of how created, not by user but ordinance how far assembly may delegate details of construction . . . in how far the determinations of the B. P. I and of the municipal assembly are conclusive in whom discretion for construction of, vested special taxation for ordinance for construction, where to originate repairs of, how paid SEXTONS— shall make a weekly report of interments penalty for permitting burial w-ithout certificate penalty for failure to report SHERIFF— See Scheme. Section .5. to be elected for four years may have such deputies as are provided by ordinance [.\NX0T.\TI0NS.] whether state or city officer certifies what fines to president and directors of public schools PAOE. ART. SEC. 345 IV 3 348 IV 9 350 rv 11 359 IV 34 359 IV 34 360 rv 36 361 IV 42 364 IV 47 320 III 26 323 III 26 323 III 26 360 IV 36 385 VI 2 407 VI 20 408 VI 20 408 VI 20 408 VI 20 408 VI 20 410 VI 21 410 VI 21 410 VI 21 410 VI 21 410 VI 21 411 VI 22 411 VI O-^ 411 VI 22 411 VI 22 412 VI 23 412 VI 23 412 VI 23 412 VI 23 f 327 (410 327 328 408 408 408 409 409 409 409 411 411 447 XII 11 447 XII 12 447 XII 13 :544 IV 1 351 IV 14 362 448 INDEX TO C'HAliTKK. 529 C Index to Ordinanve.i at end of Rev. Code. " Index to Scheme, pp. 279-2Sti, (index to State Laws for St. Louis, pp. 225-256. SHINGLES— PAiiK. power to collect wharfage on (clause 4) 329 SHOWS— power to license, tax and regulate (clause 5) 330 SIDEWALKS— s|)eclal tax for construction of 39G contracts for construction of 39(i ( 403 repairs of ^ ^q^ [.\NN()r.\TIONS.] .See in general. Street.i. Alleys, etc. special taxation for construction of 4ihi I 404 repairs of. how paid ^0_- SINKING FUND— for |)a.vment of certain bonds 321 separate funds / *;!; ( Ob!) proceeds from water rates 429 proceeds from sale or lease of parks, squares, etc 431 how i-realed. kept, held and for what purpose 450 municipal assembly to make aiipropriations each year 450 portion not used, how credited 450 how disbursements are to be made 450 assets, how disposed of 450 the bonds of the Ohio and Mississippi railroad to be turned over to comptroller 450 If any sura is realized on the same, proceeds how disposed of 450 SLArOHTERING ANIMALS— power to regulate same (clause 6) .'532 SLArCHTER HOLSES— power to provide for the erection and management of ( clause G > ;i:!2 power to prohibit within certain limits (clause 6) 332 not to be opened within 300 feet of any dwelling 343 SMALLPOX— restrictions as to treatment of patients 343 SMOKEFLUES— power to regulate construction of (clause 12) 337 SMOKESTACKS— power to regulate construction of (clause 12) 337 SNOW AND ICE— [axxotations.] keeping street dear of, Is police power 32C liability of city for damages caused by, on street 327 SOAP FACTORIES — power to prohibit within certain limits (clause C,\ 332 not to be opened within 300 feet of any dwelling. . 343 SPEAKER— See House of Delegates. is presiding officer of house of delegates 30G signing bills by 312 acts as mayor, when 352 [ansotatioxs.] holds office at will of delegates 307 functions of legislative 307 AKT. SKC. Ill 2G III III y \ VI 1 VIII XIV XIV XIV XIV XIV XIV XIV III 2G VI 14 VI ■ 14 VI 17 VI 18 26 III 26 III 26 III 34 III 35 III 26 III 26 III 26 III 34 111 S III 22 IV 17 J30 INDEX TO CHARTER. Index to Ordinances at end of Rev. Code. index to Scheme, pp. 279-280. Index to State Laws for St. Louis, pp. 225-256. SPECIAL ORDINANCES— See Ordinances. SPECIAL SESSIONS— See Municipal Asse7nbly : Sessions. SPECIAL TAXATION. page. See Streets. Etc.. Area rule and Front foot rule. for boulevards 380 l&vied and assessed according to frontage and area, appor- tionments 395 I QQO to be prima facie evidence of liability .j 'y:" j389 to be a lien on propertv ) '^1"' I 42() 1445 right of action on, exists < ";,- I 41.T benefit and assessing district, how established 395 for construction of sidewalks, apportionment by front foot rule 396 , . ^ . „ ' f39B for improvement of alleys J. ,„ . api)ortionment of cost of improvements 1 ,, i 41 1 portions paid by city and property owner respectively 404 no express charter limit 404 for district sewers 410 for joint district sewers 411 for private sewers 412 for street sprinkling 42G [axxot-\tio.ns.] distinguished from condemnation 387 distinguished from general taxation 397 ( H97 upheld as exercise of taxing power . ""' validity of 398 f397 what property is subject to . ' 398 (416 (397 constitutional i)rovisions inapplicable to 1 398 (419 front foot taxation 39S area district taxation 398 (■398 benefit district J 399 (390 owner concluded from disputing benefits or necessity of work 399 tor construction of sidewalks 400 ( 409 for sewers ■) 41 n nature of liability under, actions to enforce, etc. — See Special Tax-Bills. how far in ?em,and how far in personam 416 not regarded with disfavor by the courts 417 for sprinkling, held void where 426 for parks 431 SPECIAL TAX BILLS— marshal to serve notice of 1414 to be authenticated by president of board of public improve- / S'il ments t •llS VI VI 14 VI 5 VI 25 VI 5 VI 25 VI 29 XII 6 VI 5 VI 25 VI 14 VI 14 VI 14 VI IS VI 18 VI 22 VI IS VI 18 VI 21 VI 22 VI 23 VI 29 IV 31 VI 25 IV 41 VI 24 INDEX TO CHARTER. B31 ( Index to Ordinances at end of Rev. Code. i Inde.v to Schemp, pp. 279-28G. ( index to tilate Laws for St. Louis, pp. 225-256. name of owner, condemnation, name of owner, sewer work. . . how made out, registered and delivered. making out and signing delivery non-llablllly of city on place of payment to be designated collected in name of contractor rates of Interest on action for false return suit by attachment against non-resident on certified bill Is prima facie evidence — defenses certain, to be divided into parts and may be paid in Install- ments bad workmanship a defense Interest on effect of non-payment of Interest or installments when due. limitation of lien of entry of satisfaction of payment of may be assigned — formality required tor street sprinkling for abating nuisances signed by deputies, when valid. may be Issued against what property. PAOK. AKr. SEC. 389 VI 5 (410 VI 21 1 III VI 22 ■11 :! VI 24 413 VI 24 413 VI 24 » 418 VI 24 1 411 \'l 25 ■113 VI 24 414 VI 25 414 VI 25 414 VI 25 414 VI 25 414 VI 25 414 VI 25 414 VI 25 414 VI 25 415 VI 25 415 VI 25 415 VI 25 /415 420 VI 25 VI 26 420 VI 26 42G VI 29 445 XII 6 [an.notation-s.] not paid, connection with sewer denied 327 J 387 \389 execution or scire facias cannot issue for. in original street opening proceedings for local improvements distinguished from proceeding to open streets, etc 3.S7 (399 lien against two lots in one judgment ■! 405 l410 for work where partially completed 400 for work on parts of streets 400 pro tanto recovery on, where ordinance partly valid 402 no recovery on. for repairs, where work was reconstruction 405 action on. not defeated for failure to pay damages from change of grade 406 for sewers 409 must be founded on proper assessment 410 for sewer work is not exclusive remedy of contractor. . . . 410 .subslltnlion of new, for void 413 amendment of. Irregularly issued or void 413 computation, levying and assessing by president B. P. I.. 413 signature to. by president B. P. 1 413 (413 \ 414 Interest on 415 reduction of amount, because of defective work 415 actions to enforce, nature of liability on, essentials of . . . . 416 none against public property 41C (397 \ 398 what conditions and compliances necessary to recovery on 416 technical defenses to. how regarded 417 actions of officers, presumed correct. In 417 owners and names In 417-41 S 532 INDEX TO CHARTER. {Index to Ordinances at end of Rev. Code. Index to Scheme, pp. 279-286. Index to l^tate Laivs for St. Louis, pp. 225-256. PAGE. .\RT. SEC. defects in computing 418 must be based on valid assessment 418 real party in interest 418 description of property in 418 attachment in aid of suit on , 418 demand before action not required 418 allegations in petition 418 how far prima facie evidence 418 estoppel of owner in suit on 419 limitation of action on 419 delivery presumed when 419 when lien attaches 420 liability of city to contractor, where it prevents completion of work 420 ■ installments 420 assigning 420 notice of letting of public work, and delay in letting 423 public work for which issued — See Public Work. delay in completion of work, when defense to suit on ... . 425 not defeated because space between railway tracks not im- proved by contractor 439 railway depots and yards are subject to 440 SPRINKLING— See Street Sprinkling. SQUARES— See Puhlic Grounds: Parks. city may establish, regulate, etc. (clause 2) 322 III 26 STABLES— See Livery Stables; Sale and Livery Stables. city may regulate use of light in (clause 12) 337 III 26 STATIONARY ENGINBERS- may be licensed (clause 7) 333 III 26 STATUTES— [AN'NOTATIDN.S.] overrule conflicting charter provisions or ordinances, when 290 what is a conflict between ordinance and 290 providing city to be treated as county, when 292 of limitations — See Limitations. STAVES— power to collect wharfage on (clause 4) 329 III STEAM BOILERS— may provide for insiiection of (clause 7) .,. 333 III may license engineers using (clause 7) 333 III STOCK DRIVING— power to prevent same through city (clause 6) 332 III STOCK YARDS— |)ower to license, tax and regulate proprietors of (clause 5) 330 III power to iH-ohibit same within certain limits (clause 0).... 332 III STONE COAL— may regulate inspection and weighing of (clause 7) 334 III STONE QUARRY— See Quarries. STORAGE— power to regulate storage of guni)0wder. etc. (clause 12) ... . 337 III 26 STOVE— may remove or prevent construction of (clause 12) 337 III 26 26 26 26 20 26 26 26 INDEX TO CHARTER. . 533 [■ Index to Onlinanies at end of Rev. Code. Index to ^'c/iemc. pp. 279-280. 1 Index to State Lairs for St. Louis, pp. 225-256. STREETS. ALLEYS. ETC.— PAiiK. power to open, vacate. Improve, sprinkling, etc. (clause 2) . . 322 power to Kiade. liKht. dean and re|>alr (clause 2) 323 vacation of (clause 2 I 328 1379 QQR board of public improvements to recommend all ordinances | ^°" for street improvements and openings I ,„5 Wo I 421 lots, etc.. to conform to established street 379 map or plat of new blocks, etc.. to bear certificate of re- sponsible surveyor 379 map or plat to be approved by board of public improvements 379 dedication to public use of streets, alleys and public places 380 city not liable for damages for taking building on i)roposed. when 380 limitations as to heavy hauling and business traffic, condi- tions 380 boulevards, conditions for the establishment of 380 private places ' ^^ discontinuance of boulevards 381 opening, widening and altering same can only be done on recommendation of board of public Improvements 385 Improvements to be done under contract 421 condemnation of private property for 385 city counselor to conduct proceedings 385 form of petition 385 parties defendant 385 notice to defendants 388 process to be served by city marshal 388 notice by publication 388 commissionere to assess damages 388 commissioners to be freeholders 388 majority to make report 3SS duty of commissioners as to damages and benefits 388 assessment of benefits to be a lien against from date of final Judgment 389 benefits In opening alleys, by whom paid 389 report of commissioners to be made under oath 390 report may be reviewed by circuit court, when ;!90 cost of proceedings, how paid 391 report of commissioners to be submitted to assembly 392 failure to approve or disapprove 392 right of city to withdraw proceedings 392 withdrawal to be a bar for ten years 392 proceedings may be renewed, when 392 final action of court to be reported to comptroller 392 copy to be furnished to assembly 393 appropriation to ply damages 393 failure to appropriate to operate as dismissal 393 damages to be paid Into court, when 393 improvements to proceed, when 393 condemnation for particular uses 394 meeting of board to consider proposed Improvements 395 I 395 I 40] improvements how made and paid for.. ' Jirt 404 vote of board 39'> guarantee and repair 395 partial grading of 395 spociflcallons in ordinances to be recommended by board.. 101 must be established and dedlcaloil boforc Improvements are ordered 4'pi \H\. SEC. Ill 26 III 26 III 26 VI I VI 9 \ 1 14 VI 17 VI 27 VI I VI 1 VI L VI 1 VI ■ 1 VI 1 VI 1 VI 1 VI 15 VI 1 VI 2 VI 27 VI •> VI 2 VI 2 VI •> VI 3 VI 3 VI 3 VI 4 VI 4 VI 4 \I 5 VI 5 VI 5 VI 6 VI 7 VI 8 VI 9 VI 9 VI 9 VI 9 VI 9 VI 10 VI 10 VI 10 V! 10 VI 11 VI 11 VI 12 VI 14 VI 14 VI 1.-. VI 17 VI 18 VI 11 VI 11 VI 11 VI 15 VI 1.". 534 INDEX TO CHARTER. Index to Ordinances at end of Rev. Code. Index to Scheme, pp. 279-286. index to State Laws for St. Louis, pp. 225-256. vote of assembly on improvement bills 403 apportionment of cost of improvement 404 the portion to be paid by city 404 city to pay damages caused by change of grade, when 405 special tax bills for, how made out 413 improvements to be done under contract 421 ordinances for opening of. reiiealed 453 pending cases to be conducted under former charter 453 [axnotatioxs.] control of state over 323 (■323 for what purposes may be used — use must be public. ... 1324 (437 r 3*^3 obstruction of, when permitted, and when not i „" 1 3'^S what are proper uses of. and what not < "iz" i 324 vacating, when not permissible • „,,■ Steam railways in, when ordinance for void {'^- street railways in, when ordinance for void, etc 325 vacating, effect, rules, power 326 f 326 liability of city for damages for defective, etc ^ "wi Iveeping clear of snow and ice, etc / „rl temporary closing of 339 opening, widening, etc., nature of proceeding 381 elevations of, who determines — city directrix 381 opening and improvement of, how far legislative and how far ministerial 382 what is street, sidewalk, highway, what included 382 distinction between streets and alleys 382 free bridge across Mississippi is highway 382 special rights of property owners abutting on 382 ownership of fee, in whom \ ,,oq how established 383 dedication of — .S'ee Dedication. as boulevards — .s'ee Boulevards. condemnation of pro])erty for — See Condemnation. openings begun under old charter after new de facto valid 386 proceedings for opening, widen, etc., what necessary.... 386 effect and conclusiveness of proceedings to open, widen, etc 387 opening proceedings distinguished from assessing benefits for local improvements and taxation 387 parties to street opening proceedings 388 damages and benefits in proceedings to open I tnt exceptions to commissioners' report 390-391 cost of condemnation proceedings 391 dismissal of condemnation proceedings 392 appeal from 393 special taxation and special tax bills for improvement of — See Special Taxation; Special Tax Bills. notice of meeting of B. P. I., materials to be used, etc. . . . 399 improvement of parts of 400 remonstrance against improvement of / jj?!: VI 16 VI 18 VI 18 VI 19 VI 24 VI 27 XVI 4 XVI 4 INDEX TO CHARTER. 535 I Index to Ordinaincs at end of Rev. Code. ' Index to Srliemc, pp. 27it-2Sr.. [ index to State Laws for St. Louis, pp. 225-256. ordinance for Improvement of 401 guarantee and maintenance clause In contracts for im- lirovluK 402 specilicatlon of materials for paving, by B. P. 1 402-403 dedication of. l)efore Improvement ("proviso") 403 ordinances for improvement of. must emanate from B. P. 1 404 change of grade, discussion | i},_ street railways In 437 STREET COMMISSIONER— term of office 345 shall be appointed by mayor 345 shall be a member of board of public Improvements 345 approved by council 348 shall devote whole time to duties of office 350 shall be head of street department 359 responsible for action of his employes 359 shall have charge of construction, reconstruction, repairing and cleaning of streets, alleys, etc 359 assembly may provide additional duties and employes for. . . 361 shall make annual reports to mayor 364 STREET EXHIBITIONS— power to license, tax or regulate (clause 5) 330 STREET RAILROAD CARS— power to license, tax or regulate (clause 5) 330 STREET RAILROADS— power to license, tax and regulate (clause 5) 330 city may regulate fares, trips, repairs of tracks, kinds of rails and vehicles (clause 11) 336 free passes on, forbidden (clause 11 ) 336 power to grant franchises (clause 11) 336 power to sell franchise or right of way 435 power of assembly in reference to 435 power to impose per capita tax on passengers 435 power to impose tax on gross receipts 435 all companies hereafter Incorporated to be subject to charter 435 assembly may regulate running of cars 438 may regulate rates of fares 438 may tax proi)erty of companies 438 surrender of franchise, how effected 439 uniform gauge required 439 width of rail prescribed 439 company to keep streets between rails in perfect repair.. 439 companies to give bond 439 right of one company to run cars on track of another. . . . 440 franchises to be forfeited unless put in use within one year, when 441 [anxotations.1 when ordinances for void 325 power of city over 325 effect of reservation to alter, amend or repeal ordinance. 337 general discussion of constitutional, statutory, charter and ordinance powers of city, respecting 436-439 state policy respecting 436 grant of franchise to. powers of city 436 samp, franchises how derived 437 forfvitur.- of franchises of /^J .viir. SEC. IV <) IV 3 IV 3 IV 9 IV 11 IV 34 IV 34 IV 35 IV 42 IV 47 III III III 26 26 III 26 III 26 III 26 X 1 X 1 X I X 1 X 1 X 2 X 2 X 2 X 3 X 4 X 4 X .') X 5 X 6 Ill 26 VI 29 VI 29 VI 29 VI 29 VI 29 VI 29 VI 29 VI 29 53G INDEX TO CHARTER. Index to Ordinances at end of Rev. Code. Index to Scheme, pp. 279-286. index to State Laws for St. Louis, pp. 225-256. PA(iK. AhT. SEC. are not permissible in streets, when 437 liability for damages to owners in laying tracks, etc.... 437 franchises from city to, are protected as contracts 437 effect of charter on prior franchises to 438 what passes under franchise to 438 effect of law requiring, to keep street between rails in repair 439 right to run over tracks of another company, compensa- tion, condemnation, etc 440 STREET SPRINKLING — authorized .[ ,^- i 4*it> special tax bills therefor issued in favor of city 426 contracts made annually by board of public improvements. 42G sprinkling districts 426 date of special tax lien — interest 426 cost of sprinkling jjaid out of city treasury 426 city reimbursed by special tax bills 42G special taxation for street sprinkling authorized.... 426 [.\N.\0TATI0NS.] ' taxation for, where held void 426 SUBJECT— must be clearly expressed in title 310 III 13 SUBPOENA DUCES TECUM— assembly's power to issue 342 III 31 [annotations.] power of assembly to issue and jninish for contempt.... 342 SUITS— See Actions. SUPERINTENDENTS— of work house, how appointed 345 I\' 2' of city hospital, how appointed 444 XII ."i of female hospital, how appointed 444 XII .t of insane asylum, how appointed 444 XII '< of quarantine, how appointed 444 Xll .'p SUPERINTENDENT OP FIRE AND POLICE TELEGRAPH— See Fire and Police Telegraph. how appointed 345 IV 2 SUPERINTENDENT OF HOUSE OF REFUGE— See House of Refuge. how appointed 345 IV 2 SUPPLIES— See Commissioner of Supplies. SUSPENSION— .S'ee Council: Mayor: Offices and Officers. of public work on complaint ,... 423 VI 28 ' SYRUPS— may regulate insijection of (clause 7) 333 111 26 T TAXES— See License Tax: Licenses and t^arious callings. Etc: Reve- nue: Special Taxation: Special Tax Bills. power to levy and collect general taxes (clause 1 ) 320 to pay bonded interest, etc 321 on occupations, etc. (clause 5) 330 assembly forbidden to remit 341 collector to collect all city, slate and school taxes 35G in 26 III 26 111 26 111 30 IV 24 INDEX TO CHARTER. 537 C Index to Ordinances at end of Rev. Code. \ Index to Scheme, pp. 279-28C. ( index to State I.airs for St. Louis, pi). 225-25C. I'AGK. .VKT. SKC. rates for various purposes specifled 366 V 1 rates for erecting public buildings, how increased ;!G7 \' 1 municipal assembly to levy, assess and collect for all pur- poses 3G7 V 1 classification of taxes [^'if, ,, ]. payment of, how enforced 369 V 3 taxes collected for Interest and public debt to be kept dis- tinct 3G9 V (i assessment of, in city 371 V 15 when assessment shall commence and end 371 V 16 board of equalization 374 V 24 state, school and city hills, how prepared 375 V 26 bills to be delivered to comptroller 375 V 26 receipt of collector for bills 375 V 26 ordinance to establish percentage of by fourth Monday in May of each year 375 V 27 failure to establish percentage, last previously established prevails 375 V 27 comptroller may correct manifest errors in 375 V 28 authority of comptroller in reference to delinquent taxes and "sale of land for taxes" 376 V 29 rebate of S per cent allowed on bills, when 377 \' 32 for schools, assessment of 449 .\ 1 1 1 2 for schools, collection of 449 XI li 3 for schools, rate of 449 \ 1 11 4 school taxes in extended limits and when remitted 449 Xlll h to be unaffected by charter, when 453 XVI 2 [axnotations.] non-payment of, so as to disqualify from office, what is. . ! ,^^ and taxation, by city, subject discussed 36(1-36!) assessment of — See Assessment. special, and special taxation — See Special Tax-Bills: Spe- c in/ Taxation. for public school funds — See Public Schools. TAX BILLS— See Special Tax Bills. TELEGRAPH COMPANIES— power to license, tax and regulate (clause 5) 330 III 26 TELEPHONE COMPANIES— [annotatio.ns.] rates of, cannot be governed by a city, when 290 rights of to apparatus in or under streets, etc., see Index in Revised Code, under Electric Wires, Conduits, Poles. etc.: also Telephone Cos. TENE.MENT HOISES— power to license, tax and regulate (clause 5) 329 111 26 THEATRICAL EXHIBITIONS— power to license, tax and regulate (clause 5) 330 III 26 TICKETS— blank forms of. how Issued 369 V 5 unused to be returned 370 V 8 TIPPLING HOfSES— Sec Dramshops. power to license, regulate or sui)press (clause 5) 330 III 26 TIRES — power to regulate width of (clause 5) . . . 330 III 26 538 INDEX TO CHARTER. Ill III XII 26 26 Index to Ordinances at end of Rev. Code. Index to Scheme, pp. 279-286. index to State Laivs for St. Louis, pp. 225-256. TITLE— PAGE. ART. SEC. See Ordinances. of bills insufficient to re-enact 312 III 18 TITLE EXAMINERS— power to license, tax and regulate (clause 5) 330 111 26 TONNAGE— See Wharfage. TOWBOATS— power to regulate and license (clause 4) 329 III TRADES— power to license, regulate or suppress (clause .5) 330 III TREASURER— to be elected for four years 344 IV duties of 354 f354 356 I 358 all collections by officers to be deposited with { 370 I 376 I 429 ^461 shall report delinquencies to mayor 354 [354 H70 shall issue triplicate receipts to party paying money vji- [429 shall make all payments on pay-rolls 354 his boolai(!S for St. Lonls. pp. 225-256. |'.\<;k. commissioner to assume charge of water works 427 to enforce the performance of existing contracts 427 present board of commissioners to turn over property.... 427 term of board of water commissioners and their appointees to cease, when 427 commissioner to let contracts 427 all contracts to be approved by council 427 city to be liable for damages for real estate taken for 428 laying of water pipe on streets and alleys 428 VI 1 2 Vil 2 VII 3 VII ■A VII 4 VII 5 Vll 5 VII 5 VII 6 VII a VII t VII it VII 111 VII 11 VII 11 VII 11 VII 11 VII 12 Vll 13 VII 13 WEIGHTS AND MEASURES— Sff Inspector of ^yeights and Measures. power to regulate and establish standard of (clause 7)... power to provide for Inspection of same (clause 7) Inspector of. duties and compensation WHARF— Si;- Harhor and Wharf Commissioner: Harbor ami M'harf Department. power to regulate, etc. (clauses 2 and 4 » power to establish. Improve, etc. (clause 4) may set aside portions of improved for special purposes ( clause 4 ) lease of not to exceed fifty years (clause 4) power to erect, repair and regulate (clause 4 ) power to lease portions of ( clause 4 ) shall be under charge of harbor and wharf commissioner. . condemnation of private property for WHARFAGE— power to charge wharfage and tonnage dues (clause 4) . . . . to be collected by collector power of assembly to levy and collect on what articles ( clause 4 ) bills to be made out by commissioner proceeds of to be credited to harbor fund WHARF BOATS— mooring of (clause 4 ) . . . . . owners of forbidden to receivi' iiunmi.-isidns. when. I>enalty for violating provisions of charier, when... noi to affect wharfage dues. WHISKEY— may regulate Insiiectlon of (clause 7i 333 333 358 III 26 III 26 IV 30 ( 322 III 26 ( 320 III 26 329 III 26 329 III 26 329 III 26 329 HI 26 329 III 26 360 rv 38 385 VI 2 329 III 26 ( 35(1 IV 24 (434 IX 6 369 V 4 329 III 26 434 IX 6 434 IX 7 1 329 III 26 1 431 IX 8 435 IX 9 435 IX 9 435 IX III 333 III 542 INDEX TO CHARTER. [■ Index to Ordinances at end of Rev. Code. I index to Scheme, pp. 279-286. [ Index to State Laws for St. Louis, pp. 225-256. WINES — may regulate inspection of (clause 7) WITNESSES— power to fix compensation of (clause 8) assembly may compel attendance of [aXXOTATIO-NS.] fees of. when not allowed, etc power of assembly to compel attendance, etc WOODEN BUILDINGS— See Buildings. WORK HOUSE— city may purchase and hold property for issuance of bonds for power to erect, purchase or rent (clause 3 ) commitments to same (clause 10) imprisonment not to exceed six months (clause 10) persons committed to be compelled to work (clause 10) . . . fifty cents per day to be allowed for work (clause 10)... superintendent of to be appointed by mayor term of office four years first appointment to be for two years to be approved by council shall make annual reports to mayor WORLD'S FAIR BONDS— [annotations.] reference to constitution, etc 322 YEAS AND NAYS— See Municipal Assembly: Ordinances ; Tote. PAGE. ART. SEC. 333 Ill 2G 334 III S6 342 III 3i 335 342 294 I 1 320 III 328 III 26 336 III 26 33G III 26 33G III 26 336 III 26 345 IV 2 345 IV 2 345 IV 2 348 IV » 364 IV 47 PART III THH RHVISKD CODK OF ST. LOUIS. (HKINC Oh'DIXAXCF, l'L' .MAIx'Cll l-.t, I'.Hi:.) Containing the General Ordinance Pro\isions. ].— ()J{I)1NAN( K IX IIEVISIO^' OF Till-: (iEXERAL OK'DI NANCES. •J. — AIM'KNDIX I'O (JKXKKWl, ( )in )I N A\( 'ES. C'ONTAININC! ()IU)INANCKS Ari'HoVKD TOO I,ATK TO APPEAR IN ORDINANCE IN REVISION, INCLUUINO THOSE ENACTED DOWN TO SESSION BEGINNING IN APRIL, 1907. ORDINANCE No. 22902. (Approv.Hl M:iri-li 19, 19U7.) A> ORUIIVAINCE -IN- Revision of the General Ordinances -OF THE- CITY OF ST. LOUI». r>r it ordained In/ the Municipal Assembltj of the City of St. Louis as follows: Scitioii 1. 'riial ill revision ol' liic j.'('iu'r;il (iidiiiaiKcs of tli(> v\[\ liic same shall lie elassitied into eluiptoi-s. articles and seelions as follows: i'hnptrr 1. liullfllnKN, depnrtiiipnt of. Arltcli' I. Of pubHc bulldinss. Artlcli- II. Of commissioner of public buildings. Article III. Of gunpowder. Article IV. Of the Inspection, con- struction, removal, safeguarding of buildings, protection of lives and safe- ty of persons in public buildings and of tl>e protortlnn of property against tire ( hiipirr (If city »iur\»*>ttr«». rhiiptrr 3. Ot roronrr niiil iiuiruiii-. Article I. Of coromi'. Article II. Of morgue. rliiiptrr I. of dny Inhorrr^. ( hiipl**r .">. 1>f ilrlnklnu ftiiinliilnx. i liii|>li-r .*»ii. Of rii<-lor> ii|.«in*<-llim. I hiipIrr %Mtoil mill chnrt'onl. < llnptcr P. or Kilo. llloiH-i-tloii of. <'liliptrr 10. Ilitrltor iiihI \^lln^l' dc|iar(- ■tient. Article I. Of harbor and wliarf regu- lations, and herein of offenses. Article II. Of wharfage. Article III. Of wharfboats. Article IV. Of wood. Article V. Of scavenger dumps. .\rtlile VI. Of ferrU-.s (liiiplrr II. Ilonlth ilrpnrliiieal. .Vrtlcle I. Of board of health. Article II. Of health commissioner and assistants. Article III. Of city bacteriologist. Article IV. Of city chemist. Article V. Of Inspection of milk and creom and of licensing and regulating the sale thereof. Article VI. Of rcgulotlons of dairies and cow stables. Article VII. Of Inspection of meat, (Ish. vegetables and fruit. Article VIII. Of poisons. Article IX. Of adulterated articles. Arllclc X. Of regulations concerning the cutting of ice. 54G REVISED CODE OR GENERAL ORDINANCES. [CHAP. 1. Article XI. Of regulations of vaults, privies and water closets. Article XII. Of nuisances. Article XIII. Of carcasses of dead ani- mals, and garbage or offal. Article XIV. Of vital statistics. Article XV. Of regulations concern- ing tile practice of medicine and sur- gery and midwifery. Article XVI. Of city hospital, hospital for females, insane asylum and dis- pensaries. Article XVII. Of poor house. Article XVIII. Of regulations concern- ing contagious, infectious and pesti- lential diseases. Article XIX. Of quarantine. Article XX. Of mortuary records. Article XXI. Of regulations concern- ing the transportation and disinter- ment of dead bodies. Article XXII. Of cemeteries. Article XXIII. Of crematories. Article XXIV. Of bringing insane per- sons and paupers into city. Article XXV Of salaries of officers and employes. Chapter 12. Of highways. Article I. Of street openings. Article II. Of construction and repairs. and preventing obstructions. Article III. Of sprinkling. Article IV. Of numbering of houses. Article V. Of stationary awnings. Article VI. Of electric wires, tubes and cables. Article VII. Of supervisor of city lighting and regulations pertaining to electrical apparatus. Article VIII. Of city lighting and mu- nicipal lighting plants. Article IX. Of telegraph and telephone poles. Article X. Of garbage disposal. Article XI. Of offenses connected with highways. Article XII. Of city forester. Chapter 13. Judicial department. Article I. Of police courts of first and second district. Article II. Of police court south of At- senal street. Article III. Of justices of the peace. Article IV. Of marshal. Article V. Of jury commissioner. Article VI. Of compensation of jurors Article VII. Of probate court. Article VIII. Of juvenile court. Chapter 14. I.aw department. Article 1. Of city attorney. -Article II. Of city counselor. Chapter l.">. I.eiiislatlve department. .\rticle T. Of muiiiripal assembl.v. .•Vrticle II. Of ordinances. Chapter 1(S. Of markets. Article I. Of names and boundaries. Article IT. Of location of stalls, stands and w.ngons. Article III. Of leasing and renting of stalls and stands. Article IV. Of market masters, ap- pointment, powers and duties. Article V. Of rules and regulations. Article VI. Of meat shops. Article VII. Of regulations concerning sale of game. Article VIII. Of regulations concern- ing tlie sale of perishable articles. Chapter 17. Of mayor. Chapter IS. Of iiilNdeiiieanors. Article I. Of offenses against public morals and decency. Article II. Of offenses affecting public order and peace. Article III. Of offenses affecting pub- lic safety. Article IV. Of miscellaneous offenses. Article V. Smjke and smoke abate- ment. Article VI. Of vagrants. Article VII. Of dogs. Article VIII. Of penaltie.», fines and forfeitures. Chapter 10. Of Mullanphy emigrant relief fund. Chapter 20. Of olTleers. Article I. Of their appointment, quali- fications and duties. Article II. Of their suspension and re moval. Article III. Of public property in their charge. Article IV. Of private watchmen. Chapter 21. Penal and Charitable InHtitn- tlunw, department of. Article I. Of the commissioners. Article II. Of foundlings. Article III. Of the jailer. Article IV. Of the work-house. Article V. Of St. Louis industrial school. Chapter 22. Plunibini: and drnininc de- pardtieut. Clinpter 22». Publle halbs and play ^r4»iindM. Chapter 2a. Of pulille earriers* and li- eenNlni^ of vehleleN. Article I. Of public porters. Article II. Of rates of license and reg- ulations for vehicles. Article III. Of regulations and penal- ties. Article IV. Of stands for vehicles. Article V. Of steam cars and steam railroads. Article VI. Of street cars and street railways. Chapter 24. Public liiii»r*i^eiiient*4. ilepnrt- iirent of. Article I. Of board of public improve- ments. Article II. Of president of board of public improvements. Article III. Of street commissioner. Article IV. Of sewer commissioner. Article V. Of water commissioner AKT. 1. 1 OF PUBLIC BUIUJINOS. 547 Arltcle VI. Of harbor iind wliarf com- missioner. Article VII. Of park commissioner. Article VIII. Of roKulallons concern- ing the advertlslnK of public Improvo- menta and the awarding of contracts. Article IX. Of salaries and bonds of rnetnbers of the board of public Im- provements and their employes. Chnptrr '2^. Of piilillt* pnrkR. 4>f pilhllc prillflliu. or r<-<'i>riliT i>r iIi'i'iIn. Of rrKlHler. I liiipler ::ii. Clitipter :;7. <'haptfr -S. RKVKNUE DEPAUTMI ;nt. Chapter !iO. Of naneitiiiiient of properlT*. Article I. Of board of assessors. Artlile II Of board of equalization. .\rllil.- 111. Of taxes. f'hapfer 30. Of llrenNe collector and II- eenne revfnliin. t'hapter 31. of nukJertH and ••lijerlx of II- eenne. .\rlicU- I. Ot auctioneers. Article II. Of bankers, brokers and Insurance companies. Article III. Of commission merchants and merchandise brokers. Article IV. Of dramshops. Article V. Of electric batteries. Article VI. Of fortune tellers and as- trologlsts. Article VII. Of hotels and boarding houses. Article VIII. Of house and real estate agents and brokers. Article IX. Of Intelligence offices. Article X. Of manufacturers. Article XI. Ot merchants. Article XII. Of ordinaries and restau- rants. Article XIII. Of pawnbrokers. .\rtlcle XIV. Of peddlers and hawkers. .\rtlcle XV. Of railway ticket brokers. Article XVI. Of steamboat, hotel and railroad runners. Article XVII. Of stockyards, sale sta- bles and horse and cattle dealers. Article XVIII. Of street railway eom- pnnb'S. Article XIX. Of vault cleaners. Article XX. Of sundry vocations and mlHcclIaneou.s pri> visions. ( liiipl.r :IJ. Of I'olli'i'iKr. ( liiiptcr 33. Of Heeond-linild denlerN. .J I'hnpler 3-1. Off Heiver«, Chapter 3.'. Of Nteiiiii iMillerN niiil i-lf\a- tor». thnpter 3il. .Mipiil.% depnrdiienl. t'linpter 37. TrenMliry department. .\rtlcle I. Of the dipartment. Article II. Of auditor. Article III. Of comptroller. Article IV. Of treasunr Chapter 38. ^Vntcr ratm, deparlnieiii of. Article I. Of assessor and collector. Article II. Of swimming baths. Article III. Of water rates. Chapter 30. Of tvntvr workM. Article I. Attachment with water pipes. Article II. Water works bonds. Chapter 40. WelghtN and inenMiircN. de- piirlniellt of. -Vrticle I. Of inspector. Article II. Of weights and measures. Article III. Of public scales. Article IV. Of city weighers. Article V. Of lumber measurers. CH.APTER 1. lU IL1>INUS, DErAI{T.MK.\T OF AKTICLE I.— Of public buildings. II.— of commissioner of public buildings. III.— of Bunpowder. IV.— of the Inspection of hulldlnKS. protection of lives of persons In public build- Inns and of the protection of properly against lire. AKTULE I. OF PUBLIC BLILUINGt;.* •Ordinance 21Jai>. approved Sept. 2S. 1903. creates the '"Now Public Buildings Commission," and dcDnes Its duties and powers. 548 REVISED CODE OR GENERAL ORDIXANCES. [CHAP 1. Sectiou 1. City hall established— what offices located therein. —The building erected, owned and conti-oiled hv rlie (.'itv of St. Loui-s on Twelfth, Thirteenth and Market streets and Chirk avenue is lierehv estab- lished as a city hall, and the offices of the mayor, niuniciiial a.ssenibly, auditor, comptroller, treasurer, register, collector, commissioner of public buildings, inspector of weights and mea.sures. license [collector] conunis- sioner, juesident of the board of i)ublic improvements, water commissioner, street commissioner, .sewer commissioner, park commissioner, harbor and wharf commissioner, commissioner of .supplies, city coun.selor, associate city counselor, second associate city counselor and assistant city counselor, chief of the fire department, board of election commissioners, assessor and collector of water rates, president of the board of assessors and district assessors, inspector of Iwilers and board of engineei's. supervisor of plumb- ing and sujiervisor of city lighting shall be located therein, and such other public officers as may be ordered by the pro])er authorities. ( J[. (,". sec. 1.) Ord. 1960S. Plans and specifications for tlie building- of the new City Hall at its present location (then known as Washington Square), the building to cost one mil- lion dollars, were first provided for by ord. 15028, approved April 4, 1899; provis- ions for the building thereof, specifications, etc.. and for letting the contract, were made in ord. 15558. app. March 29. 1890; this ord. was amended by ord. 17218, app. June 29, 1893, which also created the City Hall Commission (composed ■ of the Mayor, Comptroller, Pres. of B. P. I., Building Com'r, Pres. of the Council and Speaker of the House) giving it the control of the erection of the building and charging the President of the B. P. I. with supervising the work, etc. Charter authority concerning municipal buildings. -Art. in. sec. 26, clause 3. Sec. L'. 3Iayor to assin^n offices. — The assignment of offices in .said city hall shall be made under the direction of the mayor, and the management of the liuilding shall be as hereinafter directed; Provided, that this section shall not a])ply to the rooms occupied by both In'anches of the municipal assembly. (M. C, sec. 2.) Sec. 3. United States flag: on pnhlic biiildiiiffs. — Upon and over the court house, four courts, uew city hall, old city hall, work-house, house of refuge, insane asylum. i)oor-house, hosjdtal for females, city hos- pital, engine houses, j)olice stations, and a public building in such public parks as the park commissioner may direct, shall be erected a flag staff, on which the Hag of the United States of America shall fly at full mast height between nuinicipal office hours (weather permitting), on all the days of the week, except the Sabbath, usually called Sunday. (M. C. sec. 8.) Sec. 4. Art buildinjf in Forest Park. — The l)oard of control of the St. Louis School and Museum of Fine Arts, a depai'tment of Washington T'uiversity. are hereby authorized to erect within Forest I'ark in this city a building which, together with the site uiton which it is located, shall be devoted to the use of this institution forever for the exhibition of pi<-tures and sculpture and such other means as are usual in such institutions for the education of the public in art. (Ord. IDiMIO. sec. 1: M. <". ]>. DTO.) For state law authorizing a vote for taxation for purposes of an Art Museum, and rules and regulations for the government of such institution, see Session Laws 1907, p. 94 ft sen-, set forth in this work under "Laws Specially Applicable to .St. Louis." Chap. 2a, being sections 11a to llj inclusive ( ante P- SI). Sec, 5. I.iOcation of bnilding- how determined.— The h)ca- tion of said building shall be determined by the board of conrrol. herein- after provided. lOrd. V.mW). sec. 2: M. (". ]>." !I7T. i ART III OK COMMISSIONER OF PUBLIC BUILDINGS. -,49 Sec. 6. Board of Control, liow (-(HistitiitiMl — puhli*- exhibi- tions. — Saiil Ituildiiij; sliall In- fivctcil siiliji-i't In lln- t'lillinviiii;- |iripvisi(nis : 'Pile hiiilclin<; wlicii coniphMiHl slinll lie tlic i>i(i|icrl v ul' Ilic cily for tlie usi's lu'reiiiiirtcr pruviilcd. ;ui(l ihi oilier. Tlie hiiildiii-i iiiid its atl'airs shall III' iiiuler the dirett inn and jiirisdiil ion of Ihe hoard of control of the St. Louis School and .Mnscnni to the public every Sunday aftei'uoou fi-oni one o'clock to sun- down, excejit at such times as repairs of the buildiu<; and the rearrange- nietil of collections are in prof^ress ; ]>rovided notice of such fact shall be gixi'ii l)y jiuhlic advertisement on two dilVerciit days; and such exhihilions shall he ojien free to the imhlic as much ofleiier as, in the opinion of the board of control. Ihe tinancial condition of the institution will permit. lOrd. 1!MM;!). sec. :! : .M. ( '. p. '.iTT. i .MM'K'Li: 11. OF COMMISSIOMCR OF PUBLIC BUILIJING.S.* •Ortilniinro No. 10371. approved Sept. 25. 1S77. created oftlce. S.c. 7. Office of Commissioner of l*nl»lie lini]. I Sec. !•. (jualiiications. — The commissioner of public buildin!j:s shall be an architect who shall have had at least live years' iiractical experience in building. I.M. ('. sec. li. ) See. 10. Hoild. — The commissioner of public buildings sliall give bond in tlie sum of ten thoiisaiui dollars for the faithful perfcuinance of liis duties, witli not less than two good suretie.s, holders of unencumbered real estate in tlie city, whii-h bond shall be aiiju-oved by the mayor and council. (M. ('. see. 7.1 Sfc. 11. Salary. — The coniniissioner of public buildings shall receive a salary of twenty five liun public buildings 550 REVISED CODE OR GENERAL ORDIX A.N'CES. [CHAP. 1. of the city (subject to the order of the president of tlie board of ]>ul)lic im- provements), incliidinij; all institutions and hospitals, the city hall, court house, jail, four courts, tire engine houses and mornue. He shall see that said buildings are kept in jjood condition. He shall prepare all ])lans and specifications for new buildings and also such as relate to the repairs, alterations and inijirovements of all public buildings, when directed by the president of tlie board of public imiirovements. i !M. C. sec. 9.) See Charter. IV, sec. 41. Sec. 13. Care of buildiiijys — appoint jaiiitor.s and assist- ant.s — janitor.s. — It shall be the duty of the coinniissiouer of public buildings to make all necessary regulati(Uis and arrangements foi- the care and cleaning of the city hall, the court house, jail, and four courts and other buildings under his charge. For this puipose lie is authorized lo ajipoint a janitor for each of the three buildings herein named, and such other assist- ants, uot to exceed nine for the city hall, five for the court house and six for the four courts, as nuiy be necessary to keep such buildings in an orderly or cleanly condition, and he shall also ajtpoint one night watchnuin for eaili building, and he shall be held to strict responsibility for the acts of his em- ployes. ( M. ('. sec. lO.j The Commissioner and not the criminal court has power to appoint a janitor for said court; State ex rel. vs. Smith. S2 Mo. ."il. Sec. 14. Heatinjf apparatus— eng-ineers. — The comniissioner of public buildings shall have in his charge all heating ai)paratus in conne<-- tion with public buildings and institutions, and shall cause the same to be kept in good order. He shall appoint all engineers for the management of stationary boilers or machinery in public buildings and institutions, ex- cept such ptiblic buildings and institutions as are by charter or ordinance placed under the control of the board of health, and health commissioner, and water commissioner, and chief of Are department, and all firemen and employes in connection with same; but no person shall be appointed en- gineer who is not a duly licensed engineer, fully competent for the dis- charge of such duties, and a man of steadv habits and good character (M. 0. .sec. 11.) Sec. 1."). Approval of appointments — removal. — All appointmeuts of janitors, engineers or other persons by the commissioner of public build- ings shall be subject to the approval of the mayor and president of the board of public improvements, and may be removed by the mayor for cause, or by the commissioner and president of the board of public improvements whenever the interests of the city require it, but nothing herein contained shall be so construed as to mean that the janitoi's shall no! personally perform their full share of the duty of keeping said buildings clean and in good condition. (M. C. sec. 12.) The words "or other persons'* has reference to persons of the same cla--s. and does not include inspectors: State ex rel. vs. Longfellow, 95 Mo. App. 6i;o. 66,'!: State ex rel. vs. Longfellow, 93 Mo. App. 364, 372. This section is a part of the original ordinance passed in 1S77, creating the office of Commissioner of Public Buildings, and defining his duties, and the ap- pointments he was then authorized to make were of Janitors, watchmen, engineers and firemen, and the authority to remove had reference only to those employes; the power to appoint inspectors was not given until 1892 (ord. 17188) and the power to remove does not apply to inspectors: Magner vs. St. Louis. 179 Mo. 495, 502, citing the cases supra. As to appointment of inspectors see below, sec. 33. AHT III] OF GUNPOWDER. 551 Sec. Hi. .liiiiitors ;iii«l iiif^ht watrlinii'ii— salaries and bond. — The said janitors shall each givo lioiul (]>roveil bv tlii' mayor ami couiu-il. lor till' faitlil'iil |icil'oi'manc(' o( llicif duties, and the janitors of the court howso and four rouiis buildiniis shall receive as full eompeiisation for their services the sum of seven liumlred and eighty dollars each per annum, pavalile montlily. The assistant janitors of the above mentioned buildings shall receive as full compensation for their services the sum of tifty-five dollai-s eacli per montli. The janitor of the city hall shall receive as full compensation for his services the sum of eij^ht hundred and forty dollars per annum, jiayabie monlhly. Tlu' assistant janitors of the city hall shall receive as full compensation for their services the sum of si.xly dollars eacli per month. Nijjlit watdinieu of the three buildinj^s nu'ulioned above shall receive as full coiniiensation for their sei-vices the sum of six hundred dollars each per annum, ]iayable monthly, i .M. (,'. sec. K!. i See. 17. Enf;in<'<>rs and firemen — salaries.— The eufjineer at the four courts shall receive as com|iensation for his services the sum of ninety dollars jier month; and the enj;ineer at tiu- court house shall receive as compensation for his services the sum of seventy dollars ]n'\- niniilli. 11' assistant eiifiiueers are reipiired for either or both of the above nameil buildings, tlie assistant engiiu'er at the four courts shall receive a salary of seventy dollars i)er month, and the assistant engineer at the court house sliall receive a salary of sixty dollars a month. Firemen, fifty dollars per month. (M. 0. sec. 1 l.i Src. IS, Public buildin<;s — what enii)loyes in, apixtinted by <'<»niniissi()n«'r. — The nci-c.st:ai-y employes in piihlie IjuiMines ncii in charge of a resident su|iei-inteiident shall be under the superintendence of the coiu- niissioner of pulilic buildings, and shall be appointed by him with the ap- proval of tlu> mayor and president of the board of i)ublic improvements; theii' number and salaries rfhall be established by ordiuauce. (M. C. sec. 15.) AKTlCl.i: 111. OF GUNPOWDER* ♦For Cliartor nutliorlty to regulate storage of gunpowder and other explosives ^"e Charter. Art. Ill, sec. 26, clause 12. See. 10. (Quantity <)f fji'iU><»"'«ler, et<'., whirli may be kept and \Vher<'. Not ixeeeding ti\e pdumls of •:Ull]il)\Vlle|- .-ihall be alloWecl to be kept by any person or |)ersons in any store, dwelling, building or other place within the city, except that retailers or vi-nders of gunpowder in small quantities may, for that purpose, keep any (juantity not exceeding thirty ]io\uids: I'roriiUd. that the same sluill be kept in tin or metal canis- ters or stone jars, with good and clo.sely-titting and well-secured covers thereon: I'loriihil. hiiwvrrr. tliat those parties now having magazines within the limits of the city are hereby allowed to store in such magazines such (juantities of gun|i(>wder as niiiy be necessary for their business; I'roridctl. fill till r. that no person or corporation shall hereafter lie jiermitted to store; or keep within the limits of this city any giant powder, dynamite, nitro- glycerine, gun cotton or other similar explosives, except gunpowder, in quantities greater than thirty pounds. The commissioner of public build- ings may, with the approval of the mayor, grant to owners of magazines located within the city limits in which are stored more than thirty pounds of explosives, as enumerated aliove, except gunpowder, not to exceed ninety 552 REVISED CODE OR GENERAL ORDINA_NCES. [CHAP 1. (lavs from the approval of this ordinance in which to remove said prohibited explosives to a place or jdaces outside the limits of the cit.v. (M. C. sec. IG. I Sec. 20. Sign to be displayed— notice to be given. — Every retailer of gunpowdei-, giant powder, dynamite, nitroglycerine or Masting powder shall i)Iace on the building containing the same, over or at the side of the front dooi- thereof, a sign with the words "powder for sale" jirinted thereon, in letters at least three inches in height, and shall notify the commissioner of public buildings in which portion of said store the said powder or powders are placed, which notice shall l)e kept of record in the said commissioner's office. (M. C sec. 17.) See. 21. Gunpowder, etc. — liow carried on streets. — No person shall carry gunpowder, giant jjowder, dynamite, nitro glycerine or blasting powder on any vehicle in any part of the city unless the same shall be secured in kegs, boxes or canisters, sufficiently close to prevent the grains thereof from falling out, and l)e laid u]ion and covered with sheets of canvas or other cloth. (M. C. sec. 18.) Sec. 22. Uuni)OAvder, etc. — time within wiiich may be kept. — Any person having charge of any vehicle conveying more than one keg of twenty-five pounds of gunpowder, giant i>owder, nitroglycerine, dyna- mite or blasting jiowder, and who shall have such vehicle with the gun- [lowder, giant powder, nitroglycerine, dynamite or blasting jiowder thereon, within the limits of the city for a longer time than two hours, or who shall permit more than one keg or twenty-five j)ounds of gunpowder, giant pow- der, nitroglycerine, dynamite or blasting powder in his charge to be upon any street, alley or sidewalk longer than thirty minutes, shall in either case be deemed guilty of a misdemeanor; Provided, Jioivever, that such quantities of gun]>owde)'. giant powder, nitroglycerine, dynamite or blast- ing Jiowder as may be re(|uired for the sujiply of merchants and of wholesale dealers making up bills for the country trade, may be brought from the powder magazine or dejiots during the day, and such jiowder shall be al- lowed to be kejit in the city during the business hours of the dav. I^I. ('. sec. l!l.) Sec. 23. Gunpowder, etc. — penalty for bringing in conceale jirovisions of this ai'liile, shall lie liable lo he seized liy the inai-shal. of hy any eity ol'ticers cojinizant of the I'ael. and it is liefehy made the duly of the marshal and all other eity oflieeis. rorthwilh lo seize such ;;niiiKi\\(l<'r. ^iant ]io\vdei-. dynamite. nilrof;lycerine or blasliiij; ])o\v- dcr. and convey tlii' same to a safe jdaee beyond the city limits; and an\ ami all (|naiitities of {runpowder. fi;iant i>owdef, dynamite. nilro-<;lyceriiie or blast in>; powder seized as aforesaid shall be .sold by the marshal at imlilic \endiie to the hi};liest bidder for cash, lii'st j;ivinjr three days" notice of the time. |dace and terms of such sale, in the newspapers employed li\ the ( ity. ( .M. ('. see. 22.) Sec. 2(). (^iiarrit's_coiisINGS, PROTECTION Ol' LIVES AND .SAKKTV Ol" PERSONS IN PfBLU: BUILDINGS A.\D OF THE PROTECTION OF PROPERTY AGAINST FIRE. .s. . J7 nii(M's of ]'if«' Cliu'f to iiisperf Imildiiijjs triuisferrt'd to itiiildiii;; ('oiiiniissioiH'i*. — Tlir diities imposed on the chi.-f of the tire depart iiieTil by section live of article eleven of the city charier shall be hereafter perroiined by tLe eonunissioni'r of ](ublic buililinj^s. i M. ('. sec. 24.) TranafiT authorized by Charter. III. si-c. 32. St-e Magner v.s. St. Louis. 179 Mo. .-. .100. See. 2S. Dfjiiit.x ('(>iiiiiii.s.sin«l of put,v. — The dejaity eonunis- sioner of public buildini;s shall receive a salar.\ of one hundreil and twenty- five dollars jK'r inoiilh. jiayable nionllily. lie shall ^ive bond to the City of St. l.ouis for Ihe faithful performance of the duties of his office in the sum of five thou.sand dollars, with two f;ood and sufficient sureties, to be approved by the mayor and council. (M. ('. see. 27.) 554 REVISED CODE OR GENf:;RAL ORDINANCES. [CHAP 1. Sec. HI. Chief and assistiiiit [and permit] clerks— salariew and bonds. — There shall be appointed by the commissioner of public ljiiildiiii;s. sul)ject to the ajiproval of tlie Mayor, a chief clerk and an assistant clerk [and a permit clerk*]. The chief clerk shall receive a salarv of one hundred and twenty-five dollars per month, payable monthly. He shall give bond in the sum of twenty thousand [two thousand*] dollars, with jiof'd and sufficient security, to be approved by the Mayor and Council. Tlie assistant clerk shall receive a salary of one hundred dollars jier month, payable monthly, and shall give bond in the sum of one thousand dollars, with good and sufficient security, to be aj)i>roved by the JIayor and Council. [The permit clerk shall receive a salary of one hundred and twenty-five dollars per month, ])ayable monthly, and shall give bond in the sum of $2,000, with good and sufficient security, to be approved by the Mayor and Council*]. ( Ord. 2140:? and 22778, amending M. C. sec. 28 ) •The portions of section 31 included in brackets is not a part of the Rev. Code but is an addition by amendment made by ord. 22778, approved Feb. 12. 1907. after the Rev. Code had been submitted to the assembly and before the passage thereof. (.See appendix for ord. 2277S In full.) Sec. 32. Chief In.speotor— salary and bund. — There shall be one chief inspector of buildings appointed by tlie commissioner of public build- ings, to be approved by the Mayor, who shall be a ]>i-actical builder, whose salary shall be one hundred twenty -five dollars per month, jiayable monthly. He shall give bond to the City of St. Louis for the faithful performance of his duties in the sum of Ave thousand dollars, with two good and sufticieut securities, to be aj>proved by the Mayor and Council. ( M. C. sec. 29.) Sec. 33. Six inspectors — sahirles and Ixnid. — There .shall be six insjiectors of buildings apjiointed by the commissioner of j)ub]ic build- ings, to lie approved l>y the Mayor, who shall be ju-actical builders, and who.se salaries shall be one hundred dollars per month each, payable monthly. Said inspectors shall give bond to the City of St. Louis for the faithful performance of their duties in the sum of five thousand dollars each, with two good and sufficient securities, to be approved by the Mayor and Council. The first ai)pointnient of insjiectors of buildings shall be for the term ending on the first Tuesday in April, eighteen hundred and ninety- five. (M. C. sec. 30.) These inspectors are "assistants" within the meaning of Chart., Art. IV. sec. 14, and may be removed by the Commissioner at his pleasure: State ex rel. vs. Longfellow. 95 Mo. App. 660. 666, following State ex rel. vs. Longfellow, 93 Mo. App. 364: a similar ruling is made in Magner vs. St. Louis. 179 Mo. 495. These cases hold that under the former ordinances they were officers but not under the present one. Sec. 34. Additional inspectors, examiner of i>lans, recoriiit. with the appi'oval of the .Mayor, onccxamiiu'r of ]ilaiis, whose salary shall he one hiiiiilred and Iweiilylive dollars )ier luoiilh. payable luoiitlily, aiiaid (>xaminer of ]ilans ami iiis|ieciors of I he second class, shall be skilleil mechanics, enj^ineers or arehitefts, haviii}! a Ihoroujih knowledge of liuikliii;^ construction, and shall each ;;ive bond to the City of St. Louis for the faithful perfonnanee of his duties in the sum of two thousand dol- lars with two flood and siiffieient securities to be a])proved by tlie Mayor and Council. All of tiie employes herein authorized to be ajiproved or em- |iloyed shall be subject to dismissal by the ( "ommissiouer of I'uiilic IJuild- injrs at his iileasnre. Seven horses and bujiuies shall be allowed in the office of the Commissioner of l'id)lic linildiiifis to be ac(piire<.nilment passed after tlie submission of tlie Code to tile assembly and before Its passage, in ordinance No. 22749. approved Feb. 5, 1907. See^ appendix for the complete ordinance. '^ See. 35. Arrliitcrtiiriil (Iraiifilitsinan — salary. — There .sluill be one architectural draiijihtsmaii apixiiiiled by the comiuissioiier of public buildiiijrs. and a]i]iroved by tlie Mayor, whose salary shall be one liuinlred ilolhirs per muMlli. payable iiHUithly. iM. <". sec. Ii2. I See. 'M\. .Vchlitional lielp — .salaries. — The eommissioiier of public buildings, with ihe consent of the president of the board of i)ublic improve- ments and the approval of the .Mayor, shall have autiiority to appoint such addilional litdp. eilhei' drauffhtsmeii or local superintendents, as may in his jiidument lie necessary for the jiropev fullillmeiil :;2. amend. NL C. sec. :U.) Sec. 38. Coniniissioner shall inspeel «'ons1ru<'t ion of all build- ings. — It shall be the duty of the commi.ssioiicr id' public buildiii^^^ lo vi>it and inspect each and any lionse or liotises. luiilding or Iniildings. wliich mav be in the course of erection, conslruct ion. alteration, enlargement. 556 REVISED CODE OR GENERAL ORDINANCES. ' [CHAP 1. repair oi' rciuoval witliin tlic limits. of the city, and to see that stkIi iiouse or houses, buildinj; or liuil(liii<;s, are being erected, constructed, altered, enlarged, repaired or removed according to the provisions of this article, and all acts and ordinance.s in force in said city, and in manner adajited for the security thereof against fires and the safety of the occupants. His visits and inspection shall be repeated from time to time during the erec- tion, construction, alteration, enlargement, repair or removal of such house ()r houses, building or buildings, and until all the walls shall have been completed and the same enclosed, when his duties shall terminate, excejit as otherwise provided in this article. He shall, on ajiplicatiou for that purpose, furnish the owner or owners, contractor or contractors, his cer- tificate that said house or building is in all respects conformable to law, and properly constructed. I 51. C. sec. 85. ) Sec. 89. Duties of Coiiiuiissiouer — records — enter premises — subordinates. — It shall be the duty of the Commissioner of Public Buildings to sign all certificates and notices required to be issued under this article from said departments; to keej) in ])roper books for that purjiose a register of all transactions of said dejiartment, to submit to the City Coun- cil a yearly statement in detail of such ti-ansactions; to enter upon the ])rem- ises wherein any fire has occurred, if necess,ii-y. in ordei- to investigate the origin of the fire, and to enter into all buildings, yards and inclosui'es. at all reasonable hours, in order to discover if they are in a dangerous state. and to cause such as may be unsafe to be put in a safe and secure condition: enforce the provisions of this article relating to the safe loading of floors, bill boards, signs and fences, and. further, to perform such other duties as are herein reipiired of liini. He shall also have a general supervision and direc- tion over the subordinate officers of the department. (M. C. sec. 80.) Sec. 4U. Couiniissioner's power as to construction and re- pairs to approve plans within three days.— The eommissioucr of i)ublic buildings shall have power to i)ass ujton any (juestion arising under the i)rovisions of this article relative to the manner of construction or the materials to be used in the erection, construction, alteration, enlarge- ment, repair or removal of any J[)uilding in the City of St. Louis, subject to section fifty-nine of this article, and he shall require that jtlans and s])eci- fications of the proposed erection, construction, alteration, enlargemeni or i-e[)air to be submitted for insjiection before issuing the permit; jtrovided. that any application or ])lan ]ire.>; iu tiic rity, a (u'rinit for such ei'LHlioii. ciilarjiciuent, alteration, repair or reiuoval shall first lie obtained by the owner or his ajjent from the Coinmis- KJoner of Public l!ni!dini;s. and it shall be Tinlawful to jiroceed with the eriMiion, enlarfjeuient. alteralion. rei>aii' nv rcninxal uf builiiini;s or of any sii-uclnral jiart thereof, or of any structure wiiich i.s to be used foi- the siipporl. sheiler or enclosure of (lersons. animals or chattels within the city, unless such |iei-iuit shall tii'st liave been obtained from the Commis- ."-ioner of Public lUiildinf^s. {lb., sec. 2 — corres]i(inds to .M. ('., sec. 7").) See Cliart.. XI. sec. 4. After a permit lias been granted and the building con- structed the Building Commissioner has no power to restrict the use to which the buildin); is to be put. The construction Is one thing, its use another: St. Louis vs. Dorr. 136 Mo. 370. A city may. exercising its police power, remove a wooden building erected In violation of an ordinance, without Judicial proceedings; the agents so removing same must, to exonerate themselves from liability, show that the building is permitted to remain in violation of law and that in tearing It down they exercised reasonable care to preserve the materials: IClchenlaub va. St. Joseph, 113 Mo. 395. See. 43. >'<> iMiihiiii*^ to healtorod Avithoiit exaiiiiiiat ion by the Comiiii^sioiUT. — Xo buildiiiir already erected, or hei-eaflei' to he erectetl in ilic ('ii\ ol St. Louis, shall be enlarfied. raised, altered, or built npon in such manner that were such buildin>; wholly built or constructed after the l)assaj;e of this tirdiiiance. it would be in violation of any of the provisions of this article. And before any buildinjr, in any part of said city, shall be eiilarjied, raised, altered, built u]>on or moved, the same shall first lie examined by the f'ommissioner of Public linildinjrs, or his assistants, to ascert;iiii if the bnildiiii; or buildin;:s are in a safe and finod condition to be cnlar'.'ed, raised, altered or built upon, and no such buildlufis as aforesaid shall be enlartjed. raised. alteree built, constructed, altereil or repaired, except in conformity with the ]irovisioiis of this article. {lb., sec. 4; corresponds M. (".. sec. 40. i Sec 4.'>. Keconslriiftion ol biiildin^fs daiuafjed by lire. — In any ease when any buildinf; is. hereafter, damajied by fire to an extent exceed- ing tifty i)er cent of the amount rerpiired to newly erect a similar building on the identical site, if such building is rejiaired or rebuilt, the re(iuirements of this article shall be conformed to in every jiarticular. jirecisely as re- • inired for new buildings, i //».. sim'. ."i ; cori'csponds .M. C. sec. 3!(.) See. 46. Penalty for eonstnictinfjr or altering witliont permit. — l''.very person w Im. :is ow iht. ;igeiil Ic.-.mm', jiiiililcr. :ircliilf(l . i h:iMic- or contractor, shall commence any building in the City of St. Louis, or do or cause to bo done any work on the same, or build the same, or shall proceed to alter, enlarge, repair, or remove any building, or who shall enclose any op(>n slied. or pavilion now linilt. or here.-ifter to be built, without having first procured a iiermit from the Commissioner of Public Huihlings author- izing tile same, shall be deeme(l guilty of a misdemeanor, and upon convic- tion shall be fined not less than five dollars, nor more than five hundred dollars for each offense, i //).. .sec. (! ; corresponds M. ('.. sec. 4L) 558 REVISED CODE OR GENERAD ORDINANCES. [CHAP 1. Sec. 47. Form of apiilicatioii.— Aijplicatious for permits shall be made in writing, .signed and sworn to by the owner or his agent, and shall .state dearly and fully the work contemjilated to be done, and the cost thereof, and shall be made upon forms or blanks to be issued for the i)ur- pose by the ( "ommissioner of Public I'.uildings. and such ajiplications shall remain on tile in the building (i('])artment. The ("ommissioiier of Public Buildings may recjuire that said application shall contain, or be accom- panied \\ith a statement in writing, sworn to before a notary public, giving the full name and residence of the owner, or of the owners of the ground and structure, building or shed, ui)on which it is proposed to do any work, or, if the worlc is jirojiosed to be ck)ne or executed by any other ])erson than the owner or owners of the ground, then the Commissioner of Public Muild- ings may require a statement in writing, sworn to as aforesaid, giving the full name and residence of such person or ])eisons so acting as agent, lessee, or in any repre.sentalive cajtacity, and that he or they are duly authorized to perform said work, i lU.. sec 7: coiicsponds to M. (\, sec. 7lans and specifications in his custody for more than three months after the completion of or occu- pation of any building. All jilans ]iresented for examination or filing must be draw n on tracing cloth, or other material ecjually durable, to scale in India or other indelible ink, or may l)e drawings reproduced by the sun jirint, or oth(>r jirocess. The building line must be indicated on the foundation i)lan, and the plan of each floor and all necessary elevations and sectional drawings to fully and clearly represent the character and construction of the ])roposed work must be fur- nished, together with a plat of the lot upon which any building is to be built or altered, showing its ]ii'0]iosed location on the lot, and the location of all other buildings then upon the lot. Such ]ilat shall be drawn to a scale, and shall have written thereon the ]iiMnci]]al dimensions of the lot and buildings, and their location. Nt) plans will be consid(>red nor accejited unless accompanied by sj)ecifications sufficient to enable the Commissioner of Public Buildings to obtain f\ill and comj)lete information as to the char- acter of the work to be done, and the time to be occupied in doing it. Such specifications and j)lans must be in duplicate and shall agree in every resjiect. and shall state block and lot nund)er where the house is to be erected, and conlain th(> name and address of the owner, architect and ouildei'. (//).. sec. S; coiii]i.-n-e .M. ( ".. sees. 77. 7!l.) Sec. 4!). Approval of plans an(M*ili<*ations on conipliaiiro \vith bnildinji" <'. he shall refuse to issue a iiermit until such ap)>lications and i>lans and specifiiatioiis shall have Iteen made to <(uiform in evei-y res])ect to the requirements of this article, and when such applications and jilaiis and ART. IV.] BUILDING CODE. 559 specifications ooufoini to this article the Coininissioncr nl I'ulilic Huildiugs sliall issue a ]ieriiut. and shall file said apiilicadon. and sliall apjilv to the plans and spi'i-itirations an (irticial siani|i, which shall ini|d.v that the [ilaiis :ind spccilicaiions to which the same have hccn ajipiicd coniiiiv' with tin" terms of this ai'tiile. The one set of plans and sitecilicat ions so stamped shall then Ik- fetniinil in such appliraiii. (//».. sec. '.I; coci-esponds .M. ('., sec. Is. I See. .■)(). Al<«'rii(i<>iis <»f plans — It shall be milawful to erase, ma- terially alter. oi- iiiodirv any lines, liuni-es, or colofiiij; conlaiiUMl upon plans and speeilicat ions stamped li\ ilie < '(iiiiiiiissioiiei- of I'ulilie l'.nildiiij;s. or tiled with him for referi'iiee. M. dminj; the pro;;icss (jI' the execution of such work, it is desired to iiuiterially deviate in any manner aft'ectiiij>; the construction, or other essentials of the Imildin;;, from ilie terms of ajiplica- tion. plans, or specilications. notice of such intention to maleiially alter or dexiate shall lie tiled in wrilinj; with the ( 'oinmissioner of rnlilir IJuildiiifiH, ami his written as.seiit must tirst he olitainecl liefore such alterations or de- \iations may he made, i //*.. .m-c 10; corres|ionds M. ('., sec. so.) See. .■)!. Kt'VO<-ation of permits. — If work uiion miy l.uildiufr shall be contlucted in violation of any of the iirtivisions of this article, either as to occu|pation of sidewalk or street, or the use or ajiplicalion of material or workmanship, or deviati(Mi from the a]iproved ])lans and specilications, or if any false statement, in any material jioint. lie contained in, or accoin- panii-d with the a]iplicati(Mi upon which any permit has been issued, it shall he tlu- duty of the ( 'ommissioni'f of I'nhlic liuildiiifjs to revoke the permit for the bnildiii;r operations. And it shall he nnlawfnl, ;irier ihe revocation of stich permit, for any person, firm, or corjiorat ion, to proceed with siuh hiiildinj; operations until such permit shall lirsl haxc been rein- stated or reissued hy the Commissioner of I'nhlic HuildiiiLis. I'.efore a permit, revokt'd for the cause, i)r causes before mentioned, can he lawfully rei.ssued or reinstated, the entire buildinj; and bnildiiif; site must tirst be jiut into condition correspondinj; with the terms of this article, and any work or material a]iplied to the same in violation of the terms of this ^ article shall be removed from said buildinji. Any ]H'rson. firm or cor- ]i(U'ation violatinj: any provision of this section shall. u|)on con\iction. be subject to tile |ienalties provided in section !(> of this article. A jiermit reinstated or reissued shall be reissued or reinstated, without cost to the owner, unless the cost (d' said buildin<; has been fouini to be materially in- creasetl over tlie ainoiinr state<] in the application, in which case the fees shall be prorateil. as provideil in section .")4 of this article, i //».. sec. 11; eorresjionds M. < '.. sec. ,^4.) See. 'y2. K\pira(i<»ii of pcrniils,— If aft.i- ;i i.crinit for the erection, enlargement, alteration, repair (Pi- removal of a building; shall have been granted, the operations called for by the said permit sliall not be begun within one y(>ar of the date thereof, or if such operations when begun are not completeil within the time fixed in the said jpermit for the duration theri'of, then said permit shall be \oid. and before sin-h operations can be begun or com|ileted, a new permit shall be jprocured by the owner or his agent, and fiH's as herein lixed for the original permit sh.ill be jiaid therefor. (//>.. sec. 12; corresponds M. ( '.. .si-e. s:!. i See. ."»3. Kxt('nsi<»ii «»f p<'i-ini(.s. — If it shall be fipund that tlie time called for in any permit for building operations shall expire before the said Iniilding or buildings can be completed, the ("oinmissioner of riiblic 560 REVISED CODE OR GENERAL ORDINANCES. [CHAP 1. Buildings shall have the power to extend the time called for iu said permit, without extra cost or charge therefor, if it shall seem to him proper to do so, fi'om evidence he may obtain in regard to same, from the owner or ivrchilect thereof, or from the contractor for such building operations. (lb., sec. 1.'5; corresponds M. ('., sec. So.) Sec. .34. Cost of permits. — The fee to be paid for a permit for the erection or alteration of buildings, shall be one dollar, if the estimated cost of said building or buildings, or alteration, shall be less than one thousand dollars; and for every additional one thousand dollars of cost, or fi'action thereof, the further sum of fifty cents shall be paid. If it should ai)pear to the Commissioner of Public liuildings, during the erection of any build- ing or buildings for which a permit has been issued, that the cost of said building is in excess of the amount stated in the original application, the Commissioner of Public Buildings shall have the right to re-estimate the cost of any such building or buildings, and require the owner of said build- ing or buildings to pay an additional fee, so that the fee paid shall conform to the entire cost of said building or buildings, as provide(i for in this section. The fee to be jiaid for a permit to remove a building shall be one dollar if the building cover twenty-five hundred S(]uare feet or less of area, and the further sum of fifty cents shall be paid for every additional twenty- tive hundred square feet of area or part thereof. The fee to be paid for a permit to erect signs, as provided in section 121 of this article, shall be at the rate of one dollar for every twenty-five square feet of area of such sign, or jiortion thereof. Kach such permit shall state thereon the number and size of signs permitted thereby, and the street and number of the premises whereon they are to be placed. The fee to be paid for a permit to erect bill boards, shall be at the rate of one dollar for every five lineal feet thereof, and each such jiermit shall state thereon the length of bill boards permitted thereby, and the street and number of the premises whereon they are to be erected and their distance from the line of the street. The fee to be paid for a permit to erect or install any heating or power aj>i)aratus, as required in sections 14!l and l.")0, shall be one dollar for every such apjiaratus. illi., sec. 14; compare M. C., sec. 82.) See. .55. Insiiection fees. — The fee to be paid for each iuspectiou, as provided in sections yd, .57, 150 and 151 of this article, shall be one dollar for each inspection. It shall be unlawful for any person or i)ersons to proceed with any operation provided for in said sections before such in- spections have been made and the fee for the same has been jiaid. (/?>.. sec. 15; compare M. C.. sec. S(j.) Sec. 56. Of Inspection; duty to notify Avlien ready for insjiec- tion. — >«(» building, partition or structure shall be covered in Viy lath- ing, plasiering, sheathing itr otherwise, until the Commissioner of Public Buibiiugs has, by examination, ascertained that the said building, partition or structure has been built in accordance with the provi.-.ions of this article. It shall be the duty of the owner, or his duly authorized agent, or the builder, to notify the Commissioner of Public Buildings, in writing, when- ever any building is ready for inspection. And no building, ])artition or striicture. shall be covered in by lathing, ])lastering, sheathing or otherwise, until such iiisjiection is made, and the Comniissiouer of Public Buildings has issuare M. C. sec. 156.) AIJT. IV.l BUIL.UINO C01>K. 5G1 Sec. .')7. AltiTiitioiis. — Before proceediujir to raise, eiilivrgf. alter. ImiM iijioii. muvi' or lear ilowii aiiv cxisliiif; structure or Ituildin^ in the City of St. Ijouis, the jicrsoii or jtersous |pro|iosiiiff to raise, eiilarjic alter, linilil upon, move or feai' ihiwn any sucii strnetiii'e or liuildinj; shall make ajipli ealion in writinj; to the Commissioner of l'\il)lie l!uil(lini,'s for an insiieclion of sneh structure or iiuililin^. The fee lo i>e jiaiil for sui-ii inspection shall he as provlileil in section ."i.'i of this article. Alterations in huihlin^s which do not involve any chanjie in their structural parts or of their stairways, elevators, lire escapes or other means of conimtmication or impress or e;;ress may he made without such insped as follows: One ins]iector of the St. Louis Fire Prevention hnreau. who shall he aiipoinleil hy the Maxoi'. with the approval of a ma jority of the ("outuil. and who shall hold his office foi- three years from the date of his appointment. One architect, who shall he ap]ioiiiied hy the Mayor, with the apjiroval of a majority of the Council, and who shall hold his office for two years from the date of liis api>ointnient. One master luiilder, who shall he apjiointed by the ^Slayor. with the ap]iroval of a ma- jority of the Council, and who shall hold his office for one yeai' from the date of his a])])oinlnieiiI. The lt>rms of \\\o several mendiei's of said hoard shall he three years each after tli(> exjiiration of the tii'sl teiaii. .\ny niem- lier of said hoard may he removed hy the .Mayoi' or Council for mallVasaiice, incapacity or nejjiect of duty. Said board shall meet the second and fourth Mondays of each UKUith to consider such matters as may be hroujiht before them, ."-^pciial meeiiiiiis may he called by the Comiiiissioner of ruhlic r>nildiiij,'s. with the approval of the Mayor. C.ach ineiuber of said hoard shall he [laid by tlie city a compensation of ten dollars for each iiieetiufi. Th(» reasonable expenses for said hoard, including; clerical assistance, siiall he paid by the Ciry of St. Louis, i //).. sec. IS: lurrespoiids ord. lilt.":!!!.) Si-c. .")<). .Vppcal from llu- (loci.sioii of (lu> Comini.s.sioiu'r of I*iil»li«' Hiitlerty may he atfected by wf such permit. ap|ieal by giving to the Commissioner of Public liuihlings notice in writing that he does so appeal, and payment of the fee as afore.said. All ea.ses in which appeals have been taken as above provided, shall be referred to the I'.oard of .\ppeals. and said board shall, after hearing, direct the Commissioner of Piddic Pnildings to i.ssue his ptM'Uiit under such conditions, if any. as they may re(piire. or to withliold the same. {Hi., sec. I'.l; corresponds .M. C.. 1.'47.) 562 UEVISED CODE OR GENERAL ORDINANCES. tCHAP 1. Sec. (id. Kigiit to enter premises. — Any nu'iuber of the Board of Ap- peals aud any officer of the building depai'tment may. so far as may be necessai'y for the performame of his duties, enter any building or premises in the (Mty of St. Louis. ( Ih.. sec. 20; corresponds M. ('., sec. 249.) Sec. ()1. Definitions of terms nse«l. — lu this article the following terms shall have the meanings respectively here assigned to them: "Com. of Tub. BIdgs." shall mean the Commissioner of Public Buildings of the (''ity of St. Louis. "Keiiaii-s" shall mean the renewal or restoration to its original condition, of any part of a building which may have become wholly (tr jiartly unsound or dilaj)idated or unfit for the purpose for which it was created and which renewal may be necessary to maintain the integrity of the building. But the terms shall not be construed to permit the convert- ing of a building, in whole or in part, into a new one. or the creating of new conditions, except in accordance with the provisions of this article, "llinor repairs" shall be taken to mean insignificant rejiairs not afl'ecting the structural parts of the building, and costing less than one hundred dollars. "Alterations" shall be taken to mean a change in or addition to a building. "Minor alterations" shall be taken to mean slight alterations not affecting the structural parts, arrangement, or occupancy, of a building, and costing less than one hundred dollars. "Building" shall be taken to mean any structure built for the sui)port, .shelter or enclosure of persons, ani- mals or chattels; and wlieu separated by division walls, without openings, then each portion of such building, so separated, shall be deemed a separate building. "Building of the first-class" shall be taken to mean a building of fireproof construction throughout, the structural parts of which are wholly of brick, stone, tile, concrete, iron or steel, or other equally substantial and incombustible materials. "Building of the second class" shall be taken to mean a building of mill or slow combustion construction wherein all floors and roofs are constructed of heavy dres.sed timber, exposed beams, girders and ]ilanking and supi)orted u]K)n masonry walls, or on wooden or fire jiroofed iron oi' steel columns. "Building of the third-class" shall be taken ro mean any building not of the first or second-classes, the external and party or division walls of which are wholly of l)rick. stone, concrete, or other equally substantial and incond)ustible nmterials. "Building of the fourth-class" shall be taken to mean any building not of the first, second or third-classes. "Fireproof shall be taken to mean not only non-infiammable. but fire-resisting and non-heat conducting, "(^ellar" or "l)asement" shall be taken to mean Ihe lower story of a building, when wholly or partly below ground. "Story" shall be taken to mean that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it, then the space between such flooi- and the ceiling next above it. "Attic" shall be taken to mean any unfinished space immediately below the roof of a building, or an upper room having a height of less than eight feet. "Grade" shall be taken to mean the established side- walk level at the building line of any street, or if the building be not built on the building line of a street, then the exposed surface of the earth ad- joining any wall shall be taken to be the grade foi- (hat wall. "Building line" shall be taken to mean the established boundary line between jirivate property and any |iublic highway. "Height of a building" shall be taken to mean tlie vertical distance between the highest jiart of the roof and the highest point of the grade. "Foundation" shall be taken to mean that por- tio)i of a building below ground and in contact with the earth. "Party wall" shall be taken to mean a masonry wall used or built to be u.sed for the com- mon sejiaration or sujiport of adjoining buildings of sejiarate owni>rs. "Di- vision wall" shall be taken to mean a masonry wall entirely dividing or sep- arating one building from another. "Partition wall" shall be taken to mean I i ART. IV. 1 BUILDING COPK. 563 iiiiv iiiicrior wall of masonry. "lOxIcrnal wall" shall lie taken to mean evt»ry oiiti'i- \('i-lical ciiclosiirc of a liiiildiiijr oiliir ihaii a |iaii\ wall. "I 'iirlain wall" shall lit' taken to mean an enelosinj; wall hiiill and sn|i|iorie(l lietween columns or jiit'i's. aixi on j;inlers or tjllier siipiiorls. ami snslainin;; no wcij;lit lint it.s own. "Skeleton Imildin^" shall l)e taken to mean a linildin;^ ol the lii-stciass, the walls. Iloors, and otlief parts of which are snipiioiled ni)on and tarried by a metal framework. "Slow combtistion eoiistnution" or "mill constriu'tion" shall be taken tt) mean biiildinjis of the second class as herein deliiied. "Dwellinji" shall be taken to mean any buildiii'; wherein the second story and all stories above it are occupied li,\ a sin-^le family, "l.odjfinfi House" shall be taken to mean a buildint; wherein persons are accommo- dated with sleei)inj; ajiartments. ami includes hotels. b(>ariliii<: houses and ajtartment houses where cookinj; is not done in the several apartments and wheiv there are more than live bedrooms for hire. "Tenement: house" shall lie taken to mean a buildin-.s. — A lirst -class liuildiui: shall be coii- striu-ted wholly of non-inllammable materials, with walls. Iloors and roofs constructed of masoni-y or concrete; or of iron or steel frame work, tilled between and around with masonry, concrete, terra cotta or other durable nnn intlaminable and tirei-esistinj,' materials. .Ml columns. j;irders. beams, struts and all structural members shall be ludlected with tirejiroof ma- terials, so put on and held in jilace as to ell'ectiially jirolect such members from the ell'ect of lire, corrosion or abrasion. All exterior columns and all girders or other framing, supporting more than one story of masonry, shall be ju'otected by a thickness at any point of at least eight inches of fireproof material. .Ml structural members of buildings of this class which may be subjected to unusual res|ionsibility shall be es|iecially protected and lire- proofed in such a manner as to elfeclually jirotect such members and their loatls from risk of accitlent by tire or otherwise. All columns other than those above mentioned shall be protected by lireprooting not less than three inches in thickness at any jioint. Floor and roof beams and other framing shall b(> jirotected by fireprooting not less than two inches in thickness. In buildings of the lirst-class wood shall only be used for the wearing surface of Iloors. and the necessary slee|)ers for their attachment, fiu- windows and doorframes, sashes, dooi-s and tiiiish around them, hand rails ami treads for stairs, and wainscoting except where es]iecially prohibited by this article. There shall be no woodwork of any kind built into masonry walls. Kougli frames and nailing blocks of wood may be permissible to be built into non- bearing partitions of fireproof materials. There shall be no air sjjaces be- lwe<>n the top of any lloor construction ami the door boarding, or below any wooden stair tread, or behind any woodwork, but all such spaces shall be solidly tilled with con<-rete. or plaster, or other tireproof materials, {lit.. .sec. ■_*:;; compare .M. (".. sec lt)().) Sec. (i:?. A\ liiil l>iiil«lin;^s sliall !»<• lir-t-cliiss. — Every building here- after erected and to be used as a school i)iiiluil«lin$>'s. — Second-class buildings shall have walls and partitions of masonry or concrete of the thickness i-e(|nired by sec- tion 8(). Walls at every floor level shall have masonry corbels or ofi'sets of not less than four inches upon which the floor planking shall rest. Iron or steel columns, girders, beams or other structural parts shall be flre])roofed in the same manner as is required in section t53 for buildings of the first- class. There shall be no hollow wooden jiartition or any hollow or concealed spaces in any wooden construction. I'ut whenever wood shall be used, it shall be solid; and it shall not be jiermissible in any second-class building to so plaster or sheath, or cover in with any materials, as to leave any hollow space behind the same. All planking and all wooden columns, girders, and beams shall be dressed; and all exposed corners sliall be chamfered or rounded. >Vooden columns shall be bored the full length on their axes with one and one-half inch holes; and transversely at to]) and bottom with one- half inch holes; the least dimensions of wooden columns, beams or girders shall not be less than eight inches. All columns and girders shall rest upon iron plates of sufficient size and thickness to receive the loads from such col- umns and girders, and ])roperiy distribute the same to the supporting col- umns of masonry below, so as not to exceed the allowable strains for the various materials, as given in section one hundred and seventy -eight of this article. Floors and roofs shall be of dressed and tongued ]ilanking not less than two and ti\-e-('iglirlis inches thick. This jilauking shall constitute the undei' floor. u[ion wliiili shall be laid a toji lioor of tongued and grooved material and crt)ssing the under lloor at an angle of not less than forty-five degrees. Thei'e shall be laid between the under lloor and top floor a fii-esio]i of apjiroved fireproof materials, which shall not be inferior to a double thickness of fwo-])ly asbestos jiajier. well turned around all walls and col- umns. There shall be provided ajiproved water outlets for all floors, so dis- tribnled as to ]iro\ ide one outlet for every two thousand scjnare feet of floor area. These outlets shall be set two inches below the lloor level and be ar- ranged to conxcy wafer to the outsid(> of such building. Windows shall be ])rovided with tire shutters or be otherwis(> made fire-resisting as provideil in section 1 11 of this article; ICvery building exceeding two stories in height and having an undivided lloor area exceeding seven thousand five liundred squaie feet, and evei-y building exceeding seventy-five feet in height, when not re(|Mired by this article to be a building of the first-class, shall be a build- ing of the second-class. Hut nothing in this section or in the j)receding sec- tion shall be so consti-ued as to (irevent the erection of grain elevators as ]ii'o\i(li'd in section (i7 of this article. (//>.. s(>c. lit.) Sec. ().'). Tliinl-class liiiildiii^'s. — Third-class buildings shall not have a height exceeding sc\cniy fl\c feci ; nor an undivided tlooi- area exceeding seven lhousanui Iditijis shall he covered with slate, tile, metal, jjravel, uv other ei|ually uori iiillanuiiahle uialerials. .Ml liuildiiijis hei'eal'ter ere<-ted. enlarged (U- al- tered within the lii-e limits as descrihed in section ti(i of this article shall, when not liuildiuf^s ol' the lirst or second class, he huildin^s of the ihii'd- class. Hut iiothiu}; in this section shall he construed to i)revent the erection within the lire limits of such l)uil(lin'j;s as are provided foi- in sections Ii7 an*l tiS. I //*.. sec. iT) ; comiiarc .M. i '.. •JiKi. i Sec. (i(i. Fourtli-rliiss iMiiltliii^H not poriuittiMl uitliiii <1h» lire limits — lirt' limits defined. — No fourth-class Imildius,' shall ln'rcafl.-r be liuiii within the disirirt i^nnwu as the "tirr limits," as hereinafter detined, except such huildin^s as are provided foi- in sections (i7 and IIS of this article. The tire limits shall consist of a district hounde- nue. thence southwardly alon^ the west line of Newstead avenue to Natural Hrid}:e road, thence westwardly alonj: the north line of Natural Uridjte road to Kinjjshifjhway, thence southwardly alonji the west line of Kiuffshifihway to Kaston avenue, thence westwardly alon.. sec. lit!; com|iare M. ('.. sec. i:tl4.l I Alx>ve section amentled after passage of Rev. rode by ord. 2Sl8i">; approved Aug. 29, 1907.] Charter Reg:iilatl<>iis as tn frniiw or wooden liuildlnKi<: Cliart.. Art. XI, spc. 4; and also Charter Art. III. sec. 26, clause 11. Where a city charter confers author- ity to prohlhlt wooden bulldlntcs within a certain district and an ordinance to that effect Is passed, the city authorities may remove a building erected In violation thereof, without any judicial proceeding, this being a police power. But such agents must show that In tearing It down they use reasonable care to preserve the mnterlnts: Kfchenlntih vs. St. Joseph, 113 Mo. 393. See. (iT. Iron-cliul lMiildin;ns. — In cases where no ])erinaiient fruinda- tioii for a substantial building exists, and an iron i-lad building will not ])rove hazardous to surrounding ]iro]ierty, a jiermit may be granted for the erection of such building within the (ire limits, in accordance with the ]>rovisions of this section. No such building shall exceed .seventy-live hun- ilred square feet in area, nor exceed twenty-five feet in height, nor exceed one stoi-y in height. It shall not be permissible for any such building. 566 REVISED CODE OR GENERAL ORDINANCES. [CHAP 1. when exceeding one thousand scpiarc feet in area, to liave any wooden Hour- iug, unless laid on sleepers iinhcdded in the earth or in concrete, so that there shall be no ojien space beneath such tloor. Each j>iece of the wooden framework of such buildings when exceeding three hundred square feet in area, shall be encased on all sides with sheet metal of a thickness not less than number twenty-four gauge; and the roofs and inclosed sides of such buildings shall be covered with corrugated sheet metal of a thickness not less than nund)er twenty-four gauge, attached directly to the framework without the u.se of wooden sheathing of any kind. No such building shall be placed nearer to the line of any ground of any other owner than tive feet; nor nearer to another building than ten feet, unless separated th(>re- from by a brick wall of the standard thickness, as required by sections S(i and 90 of this article. Nor shall these spaces ever be less than one foot for every eight thousand cubic feet of size of such building, between it and the line of an adjoining owner, nor less than one foot for every four thousand cubic feet of size of such building, l)etween it and another building, unless separated therefrom bv brick walls as aforesaid. \ fh.. sec. 27: comjiare M. C, sec. 205.) Sec. 68. Frame builrtinss iiisido of the fire limits. — Frame build- ings inside of the tire limits, as established in section lit; of this article, shall have roofs of gravel, slate, tile, metal or other equally incond)ustible materials, and shall not be f)uilt nearer than three feet to the line of any ground of another owner, nor neai'er than six feet to any other building, unless sejtarated therefrom by a briik wall of the standard thickness i-e- quired in sections 8() and !)•!, nor nearer than ten feet to the line of any street, nor on the front half of any lot, and shall not exceed three hundred square feet in area, nor twelve feet in height, and no such building as is permissible in this and the preceding section shall be lathed or plastered or lined so as to constitute a haliitation, or be nsed for a dwelling; pro- vided, that where a frame building may be so placed as to not be nearer than seventy-five feet to the line of any ground of another owner, nor nearer than seventy-five feet to any other building, nor nearer than seventy- five feet to the line of any street, it may then be permissible to build any such frame building within the fire limits as is permitted in section 09 of this article; and provided, further, that nothing in this section contained shall be construed to apjdy to, or prevent, the erection of grain elevators as usually constructed, ju-ovided they are erected on or adjacent to the river front or railroad tracks, in isolated localities, and under such condi tions as the rommissioner of I'ublic Buildings may prescribe, including location, provided that nothing in this section shall prevent the construc- tion of lumber sheds in lundier yards to protect lumber and other material carried in stock. And, provided further, that it shall be permissil)le to erect open shelters within the fire limits, in accordance with the provisions of this section. tSuch open shelters shall not exceed twenty feet in height, and shall be roofed with gravel, slate, tile, metal or other equally incom- bustible materials, and shall be <)]ien for at least one-third of their height on all sides, unless closed with brick walls of the thickness prescribed in sections 80 and 00 of this article. >so such open shelter or shed shall ex- ceed ten thousand square feet in area, nor shall any such shelter be built nearer than three feet to the line of any ground of another owner, nor nearer than three feet to another building, and this distance shall never be less than one foot for every foui- hundred scpuire feet of area of such shed, unless separated from such otiiei- owner, or other building, by brick walls of th(> thickness provided in scrtions sr. and itO. [Th.. sec. 28. J AHT IV.] BUILDING CODK. 6(J7 Sec. ()!). Fourtli-rlass liiiill«>. — No fourth- class biiihliufi; in tlu' City of St. ijoiu.-. .>luiU exceed four lamtlred tiiousjuul euliic feet in size, nor forty feet in liei}>;ht ; nor sliall any fourtli-class Iniiklinj; In- [ilarcd nearer to the line of the firound of anotlier tlian three feel. )ink\s.s sep- arated therefrom l>y a liriciv wall of the sian(hird Ihickness reiiuired by sec- lions si; and '.Mi. and this distance sliall never he less than one fool for every ten llionsand (uhic feet of size of such hnildin;;. Noi' shall any fourth-class huildinj; he huill in any hlock neariM- than seventy-live feel to the line of any street where there are fronlin^i; npon either sidi- of sucli sti-eel alonj; said hlock six or more buildinf,'s of the Urst, second or third-class, unless the writ ten cons(»nt of a majority of owners of ])ro|)erIy frontinji upon holh sides of said street alonji sinh hlock. he filed in the office of the ( 'omuiissioiuM- of ruhlie Itnildiuiis. No fourth-class and 'M'>. separalin;i such huildiiijis and exteiul injr llirou};h (he roofs as provided in section mi.'. (Jb., sec -'J.) Sec. 70. Quality of iiiatorials. — .Ml materials are to be of such i|ualily for the iiui-pnse for which they are to he ii.sed as to insure, in the judjrment of the Coiiimissioiier of Public l!iiililini;s, ample safety and secur- ity to life, limb and ni'ij;hhoriii<; pro]ii'rly. lluildiiij; materials are to con- form to lefjal. trade, and manufacturers' standards, and to be subject to the approval of the Comniissioner of I'ublic Uuildinjis, who may require tests to lie made by the architect, engineer, builder, or owuer to determine the sirenj;lh of the structural materials before or after they are incorporated in a buildint;. and may rei|uire certilied cojiies of results of tests made else- where from the architeit. engineer, builder, owner, or other interested parties. ( III., sec. .■'.11; comjiare M. ('.. sec. It.").! Sec. 71. Ilt'ig;litli of lMiil(liiig:s No building or other structure here- after ei"ected, excejit it he an hotel or oflice building or a spire, tower or smoke stack, shall he of a height exceeding one hundred and fifty feet, and if such building front on a street sixty feet or less in width, then such building sli.ill not exceed two and one-half times tla^ width of such street; and no hotel or oflice building liereafter erected shall be of a height exceed- ing two hundred and six feel, measured from the sidewalk to the top of the roof covering, idnl. i'21M."{, amending ord. :.'2(ll.'l2. sec. 31.) Sec. 7l'. I*r<»t«'cli«>ii ajjaiiist oxcavatioiis. — All excavations sli.iH be so [irotected by the person causing same to he made that the adjoining soil shall not cave in by reason of its own weight, or by reason of any load that may rest upon it. ' I Ord. 22133, see. 32; M. C, sec. IOC.) See note to next section. Sec. 7:> Dt'ptlisof t'\<-a\ationH — duties (>i'a and remain as safe as before such excava- tion was commenced, and said owner or owners of adjoining or contiguous wall or walls, shall be permitted to enter ujion the premises where such excavation is being made for that purpose when necessary, ill)., sec. -■{;{; corresponds M. C. sec. 1(1(1.) The city has no power to change the common law unless so authorized; the Charter does not authorize it to change the duties of adjoining owners at common law. At common law the right to lateral support extends only to the ground in its natural state, not when incumbered by improvements; it is the duty of one about to excavate on his lot to notify the adjacent owner of build- ings and to use reasonable care in excavating to prevent injury, but the cost of shoring and preventing injury to adjacent property falls on the owner of such buildings, and in so far as this ordinance departs from the common law and imposes other burdens on the excavator, it is void: Carpenter vs. Reliance Realty Co., 103 Mo. App. 480. The general duty is thus stated in Gerst vs. St. Louis. 185 Mo. 191, 209: "It is the duty of one making an excavation on his own land, deeper than the foundation of a building on an adjoining lot, and so near such building as to endanger it, to notify the adjoining owner and afford him a reasonable opportunity to protect his property, and a failure to discharge such duty is negligence for which an action may be maintained for the injury resulting, unless the adjoining owner had actual knowledge of such proposed excavation, and there is no good reason why this rule should not be applied to municipal corporations and their contractors as well as other persons." Sec. 74. Ground te.st.— The Commissioner of Public Buildings may require any applicant for a j)ermit to ascertain, by boring or other test, the nature of the ground ujion which he jiroposes to build. The soil to be tested shall be bored to a depth of not less than ten feet below the bottom of the lowest footing, in as many places as may be necessary, to discover its com- position and condition. The Commissioner of Public Buildings may require tests to be made on the bottoms of excavations for footings and foundations, to determine the actual load necessary to ])roduce settlement, and the amount of load imposed thereon shall be based njion data thus derived. Imt in no case shall the load exceed three Ions per s(|u;ii-e font. ill)., .sec. ;U ; compare M. C, sec. lOS.) 8ec. 75. Loads to be carried by the soil. — Tlie load carried by the soil shall be the total dead load, and an average live load of not less than ten jKuiiids per s(iuare foot of all the tloor area of the building, when used as an oftice building, lodging or teiu'iiient house, and an average live load of not less than twenty jiounds jter square foot of all the Hoor area, where such building is used for mercantile purposes; and an average live load of not less than forty pounds per square foot of all the floor area, where such building is used as a warehouse. Good, solid, natural clay shall be deemed to safely sustain a l()ad of three tons to the sujtcrficial foot. The area of footing courses shall be sufticient to meet this requirement, ill).. sec. :\r>\ compare 51. C sees. IdS, lOit. 2i;2.) Sec. 7(). PiliiiS"- — When the nature of the ground recmires that build- ings shall be sui>])orted on i)iles. the number, diameter, bearing and spacing of such piles shall be sufficient to supjiort the superstructure imposed. .\11 ])iles shall be capped with concrete having a firm bearing on the ])iles. Such concrete to be made as provided in section 82 of this article. All ])iles shall be driven and the t(q)s cut olV on a level to insure constant moisture in all jiarls of the jiiles. ilh.. sei-. :U>: corres]ion(ls M. C, sec. 114.) ART. IV.] BUIUIING CODE. 509 Sec. 77. I'^Miiulations. — Every tmildiiii,' nl' \\\r lir.st. s Jinl and iliinl- class. and cviTV buil(liii<; of llic rourlli-class of mort' than one story in lifijilit, shall have foundations of stone, hfiek or conereti', whieh shall ex- tend not less than two feet six inches lielow the adjoiniii}; ex]>osed siii-faee of the earth, and shall have suitable footinfjs and rest on solid };round, or on heuclied and leveled rock, or upon piles. Foundation walls of stone shall not he less than six inches thicker than the walls next ahove them, to a depth of ten feet below {^rade, and for every additional live feet in deiitii. or |iart thereof, they shall be inci-eased six inches in thickness. No stone fuuiidalionH supi>orliMi; a tlireestory buiidin<; sliail be less than twenty-one inches in thickness. .Ml stone walls twenly-fonr inches or less in thickness shall have at least one iieader extendinfj tlirou.. sec. .'58; eori-es|ponds .M. (".. ,scc. 1111. i Sec. 7'.). Ketaiiiiu;; wall.s. — Kctaininir walls shall not be less than thirty inches tliick at the bottom for a heij^ht of twelve feet, and for every additional live feet oi- fi'action thereof in heijilit at least six inches shall be added to the thickness of the wall at the bottom. Sucii walls may be bat- tereil to eii,diteen inches at the to]). All retaining; walls shall be laid U|i in tirst-class hydi'aulic cement nu)rtar. to be made as jiroxided in section SI! of this article, and shall be well jri-outed in ajjainst the earth bank, or [jointed on (he outside at least four feet down lioni the top of the wall, (lb., sec. 39: corresponds M. C, sec. 113.) See. 80. K; stones shall be well bedded and laid crosswise. ed>;e to ed'je. If stepjied up footings of brick are used in jdace of stone above the concrete, the stejis or offsets, if laid in single coiir.ses. .shall not exce«»d one and one half inches, {ir if laid in double courses, then each shall m>t exceed three incites, starting with the bi-ick work, covering the entire width of the concrete, so as to |)ro|)ei-|y distribute the load im|)oscd thereon. If steel or iron rails or tn-ams are tised as parts of foundations, they must 570 REVISED CODE OR GENERAL ORDINANCES. [CHAP 1. be thoroughly imbedded in concrete well rammed to fill all cavities. The beams or rails must be entirely enveloped in concrete and the exposed ex- ternal surfaces of such concrete shall be coated with cement mortar. (lb., sec. 40; corresponds M. C, sec. 119.) Sec. 81. Materials for walls. — The walls of evei-y building other than buildings of the fourth-class (see sections 01. Cu. 68 and G9) shall be con- structed of stone, brick, iron or other hard, incombustible materials, and the several component jiarts of such buildings shall be as hereinafter pro- vided, [lb., sec. -tl ; comiiare M. ('., sec. '.((I. i See. 82. Concrete. — In all buildings of the first, second and third class hereafter erected, where concrete is used for walls or foundations, the con- crete shall be composed of Portland cement, clean, sharp river sand, and limestone, or other equally good stone macadam. The stone shall be crushed or broken into small ]iieces, the largest of which shall pass freely through a ring two inches in diameter. The proportions of cement, sand and ma- cadam shall be as follows: One part cement to not more than three parts of sand, and not more than five parts of macadam, mixed in such manner that the materials sliall be a uniform mass. All concrete shall be used ar once, and before it has becdiiie set or bard. ilJi.. sec. 42; corresponds M. C sec. 120.) Sec. 83. (Quality of mortars. — lu all )>uildiugs of the first and second class hereafter erected, the mortar used in the foundations and walls be- low the level of the first floor, shall not be inferior to a mortar composed of one part Portland cement and three parts of clean sand, thoroughly mixed dry .so as to be of one uniform color, and to have the proper amount of water added to make a smooth working mortar and used while fresh. From the first floor level to the toji of the building, for all buildings of the first and second-class, the mortar used shall not be inferior to a mortar composed of one part natural cement to three parts of sand, mixed and used as descrilted above, or a mortar composed of e(|ual i)arts of Portland cement mortar, as first above described, and lime mortar, thoroughly mixed and used while fresh. In buildings of the third-class hereafter erected more than three stories in height above the basement, the mortar shall not be inferior to that herein recpiired for buildings of the first and second-class. In buildings of the third-class hereafter erected more than three stories in height above the basement, the mortar shall not be inferior to that herein rei|uired for buildings of the first and second-class. In buildings of the third-class hereafter erected three stories or less in height above the base- ment, and in foundations for buidlings of the fourth-class, the mortar used shall not be inferior to a mortar made from fresh burned lime, well slaked and mixed with clean, sharp sand. All nuirtars shall be made with such materials and such projiortions of sand as will secure thorough adhesion to the materials with which they are to be used; and it shall be unlawful to use mortai-s not so made, or to use mortars inferior to those herein de- scribed. I III., sec. 4;{; compare M. ("., sec. I»T.) Sec. 84. (Juality of brick work and bond.— The bricks used in all buildings of the first and second-class shall not be inferior to the grade known as "strictly hard and red" bricks. The bricks used in all buildings of the third-class, exceeding three stories in height, shall not be infei-ior to "ordinary hard and red" bricks. The bricks used in all other buildings shall not be inferior to •■merchantable" I)ricks. The bricks used in the foundations of all buildings shall not be inferior to "straight hard" bricks. All walls of brick shall be thoroughlv bonded and tied and .solidly built; ART. IV. 1 lUI [.DING CODE. 57I all jniiits iioi coMTfil in shall lie sinick, IO\fi-_\ sixlli ((Hirsc. at least, of a l)rick wall shall lie a headinj; or hoiuliiiy; coiirso, oXf('|il where walls are faceil with lace hrick. in which case every sixth course shall he honcU-d with hoiiil lirick. I'^lemish h lers. or with a metal hoiid salisfactorv to the Coni- tiiissioiu'i- of I'uhlic Uuildinjjs. {lb., sec. 44; convspouds JI. C, see. 98.) See. S"). Wettiiijjr l»ri«*ks. - Bricks wlicii laid in warm weather sliall he wetted, wlieii laid in colil weather shall he I liornni;hl_v dry and protected I'l-oiii the (dements, [lb., sec. 4.' ; <(ii-res|ionils .M. ('.. sec. !l!l.) See. S(). ThirkiU's.H of hru-k ^villls. — The minimum allowable thick- ness for hrick external and division liearinji walls for hnildings of the first, second and third classes. i>xcept for (lwellinf;s, lodninj; houses and teiiemunt houses (see section 103) shall he. for the two to|) stories, thirteen inches; for the next two stories below, ei.nhleen inches; and for each succeediuj; two stiu'ies of increased lieij;lil, the walls shall he four inches thicker than tlie two stories next above them. I'artv walls and division walls of any length in building for mercantile or maiuilacturing purposes shall be four inches thicker in all stories than the thickness given above. Walls exceeding one hundred and ten feet in length, for buildings more than one story in height, shall be made four iiuhes thicker than the minimuni thickness first given above, unless there be inti-rsecting walls of equal height, (U' solid buttresses extending to the lo]i of the wall, and having a ju'ojection beyond such wall of not less than nine inches, with a sectiomil area of not less than three hundred square inches, for each eighteen lineal feet of such wall. [lb.. sec. 4t; : ((uupare M. ("., sees. 121. 122, 128.) Sec. S7. \\'alls of Imildiiius supimrfiiig- (russ<»s.— The walls of churches. Iheatei-s, foumhies, niarliinr slin|is, armories, markets. assend)iy rooms, halls, ami l)uildiugs of like character shall not be less in thickness than the thickiu>ss |)rescribed in preceding .section, with such piers or but- tresses in addition as may be necessary to make such i)uil(ling safe and substantial within the terms and jirovisions of this article, ilb.. sec. 47; eorres|ionds .M. (".. .sec. 123. 1 Sec. 88. IiK-reased tliii-kne.ss of l>earinf>: walls witli oiK'niiijfs If any hiu-izontal section through any i)art of any bearing wall in any building other than a skeleton building, sliows more than tifty per centum area of Hues or ojienings, the said wall shall be increased four inches in thickness for every ten \>ov centum or fraction thereof of line or opening area in excess of lifty |)er centum. In any wall the same amount of ma terials may be used in i)iers or buttresses having the same .sectional area as would Ih- re(|uired ftu' a solid wall. ilb.. .sec. 4S ; corres|ionds .M. ('., sees. i:!(l. 12t;. I Sec. S'.). Kocos.st's iind <'hases. — Heces.ses for stairways and elevators may be left in tin- foundaiioii or cidlar «alls of any building, but in no case shall the walls be of less thickin'ss than the walls of the third stoi'y. unless reinfoi'ced by additional piers or iron cidunins and girders, .securely an- chored to the walls on each siile. No chase for water or other ])i[)es shall be made in any pier, and in no wall more than one-half of its thickness. No horizontal cha.se or slot shall be jiermissible in any wall, except the wall be reinforced in such a manner as to fully compensate for any reductitui of its strength by reason of sm-h cha.se or slot. Recesses for alcoves and similar pnrpo.ses sliall not be de<'per than half the thickness of the wall, ami in no case shall there l>e less than nine inihes of bi-ick work at the hack of such 572 REVISKI) CODE OR OENRRAL ORDINANCES. [CHAP 1. reiosst's, provided tluit such recesses .shall uot be more than eight feet wide, and shall be arched over and uot carried up higher than a point eighteen inches below the bottom of the beams of the floor next above. The aggre- gate ai-ea of recesses in any wall shall uot exceed one-fourth of the whole ar(»a of tlie face of the wall on any story, nor siiall an.\- such i-ecess be made within a distance of six f(>et from any other one in the same wall. (/&.. sec. 4!); coiTcsiionds M. (".. sec. 144.) Sec. !)(). AValls Willi air spaces ami hollow bri«*ks._Briik walls with an air space may be erected under this article, but the amount of ma- terial in said wall shall be the same as required for a standard wall of the same height built solid, and no snch walls shall be built unless the parts of the same are connected by jirojiei- ties of brick oi- ii'on iilaced uot over twenty-four inches apart, horizontally and vertically, throughout the entire surface of the wall. The inside four inches of standard walls may lie built of hard burned hollow clay or jioi-ous terra cotta bricks of the dimensions of ordinar\ bricks, jiroperh tied and bonded, ilb.. sec. .")ll; corresponds M. C, sec' 143.) See. 91. Restrictions on nse of timber in walls. —No wooden blocks or timbers shall be built into auy masonry walls of any buildings of the second and third-class, except finish blocks and lintels, but no wood lintels shall exceed seven feet in length. It shall be unlawful to build into any wall any continuous horizontal timber or to erect, construct, alter or build any wall ujioii wooden girders, rafters or lintels, or to supiiort auy such wall by auy wooden supjiort whatever; but all such su])ports shall be t)f iron, brick or stone, and of sufficient size and strength to sujtport the sujierstructure. (Ordinance I'L'L'dU, amending 1I2(IL*2, sec. .51; compare M. C, sec. 130.) The amendment merely corrected a clerical error )>y omission of tlie word "not" after "It shall." Sec. 92. Non-beariiif; walls may be of reduced tliic'kness. — Xou bearing walls may be four inches less in thickness than the minimum thick- ness provided in section 8(), provided, however, that no wall be less than thirteen inches thick, except as hereinafter specitied. {Jh.. sec. 52; corre- sponds M. C, sec. 131.) Sec. 9.S. Thickness of cnrtain walls may be reduced. — Curtain walls may be less in thickness than the minimum thickness (see section SO of this article) for walls of buildings of the first, second and third class, but no I'urtain walls shall be less than thirteen inches thick. (//*.. sec. aS; comjiare ^1. ( '.. sec. 132.) Sec 94. Hrick or stone piers, bond and caji plates. — VWfvy pier built of brick or stone having an area of les.s than nine s(|uare feet at the ba.se. and sui)]iorting any truss, beam or girder, arch column or lintel spanning an ojiening over ten feet, or su|)i)ortiug a wall, shall l)e capped with an iron jilate of sufficient strength and size to safely distribute the load on such i>ier. P.rick ])iers shall be built of hard well-burnt brick. I'rick or stone jiicrs shall be laid in c(>menl mortar, as provi(le(l in section 83 hereof. Isolated brick oi- stone i)iers shall not exceed in height eight times their least dimension. (//;.. sec ."4: corres]ioiids M. ('.. sec. 13S. | ART. IV 1 BUIL.UING CODK. 573 Sec. 9"). H«'ij;-|i(s «)r st«»ries. — The innxinuun lifijiht of stories for lirick walls of llie Iliickiiess •;iveii in seelioii St! shall not exeeed Tor the lirst storv, eighteen feet; Cor the second stoi-v. tifleen I'eet ; tor the top slorv. tirteen feel ; foi- inlernieili:ite slories, foni'leeii feet ; where slor.v hi'iirhls ex- ceed the heifihls alioxe ;;i\-en, llie walls so increased in lieifilil shall Ite I'onr inches Ihirker than Ilie niinimnni lliickness jiiven in section Sti tor every ten Ceel of increased height or jiai-t thereof. (,//;.. sec. '}'t; conijiaiv .M. ("., sec. ll'T. I Sic. ()(!. Hri<'k walls f«uMHU'-st<»r.v Imihlinfrs. — Biiek walls forone stoi-y buildings may lie Imilt nine inches in tliickni'ss where such walls do not exceed fifteen feet in hei>;lit, nor fifty feet in lenj;ili. Inn no wall snp- iMirtini; uirdeis shall lie less than Ihii'leen inches thick. Se<'. !)7. Stone ashlar. t«l condition, for the ordinary uses of party walls. pin so increa.sed in heijiht. The said lining stiall be supjiorted on iiroper foundations. However, no lining shall be less than nini- incites in thickness, and all iinin<;s shall be laid up in cement mortar and lhorou<;hly anchored to (he old lii'ick walls with suitabh- wrouj;ht iron anchors placed two feet ajiart and jirojierly im- bedded into the old walls in rows alternatini; vertically and horizontally with each other. The old walls must tii-st be cleaned of ]ilastei- or other coatinfis. In place of a brick liniuf; as above, a skeleton steel or iron frame may be erected a};ainst said old wall ami be properly anclnu'ed to same. The str<-njr(h of said steel or iron frame and i(s foundations shall be the sann- as called for in buildings of skeleton steel ronstrmt ion for walls of similar heijiht. and sm-h steel or iron fi'ame shall be lire proofecl as jirovided in this article. Where the brick walls of dwi'llin;,'s. erected before Ihe piissaj;e of this article, are found. n|ion inspection by the Cominissioiier of I'lililic I!uildinj:s. to be sound and in jjood ((Uiditioii, and to be capable of sustaining salVIv an additional storv. he mav. at his discretion, issue a 574 REVISED CODE OR GENERAL ORDINANCES. [CHAP 1. jK'i'iiiit I'di- the erection of sucli addilioiKil storv of liiick work, even thougii ilic \Mills (it rlie existinj; huiklinf;' be of less tliickness than tliat required by tills article. {Ih.. sec. H!!; coni])are Al. C, sec. 135.) ISec. 100. Walls not to be carried up in advance of other.s.— No wall or walls ol" any buildinf;, other than a skeleton liuihlinj:, shall be carried uj) in advance of any other wall of said building, except in the following manner: In all cases where one or more walls are carried up in advance of other walls of the .same building, suitable provisions shall be made to jiroperly bond together and anchor such walls every four feet in their height by wrought iron tie anchors, not less than one and one-half inches by three-eighths of an inch in size, and four feet long. All piers shall be anchored to beams or girders on the level of each tier. [Ih.. sec. (!(); corresponds M. C, sec. K-ilt.) See. 101. AValls and beams to be braced. — The walls and beams of every building, during the erection or alteration thereof, shall be strongly braced from the beams of every stoi'y, and when necessary shall also i)e braced from the outside, until the Imildiiig is inclosed. The roof tier of beams shall be safely anchored to the beams of the story below until the building is inclosed. ( Ih., sec. 61 ; corresponds M. C, sec. 140.) See. 102. Parapet fire walls and coping:s. — In mercantile or manu- facturing buildings, all division or jiai-ty walls shall be carried thirty inches above the roof covering as a tire wall and shall be not less than thirteen inches thick above roofs and shall be cojied and covered with stone, well- burnt terra cotta or cast iron ; division and party walls for all other build- ings excepting residences, shall be carried up to a height of not less than eighteen inches al)Ove the roof covering at any point, and for residences not less than twelve inches at any point, and shall be coped as required above, {Ih., sec. (J2; comjiare M. C, sec. 141.1 See. 103. Brick walls for dwellings, lodyinj? and tenement lunises. — Tht^ minimum thickness (tf brick external and division bearing walls, for dwellings, lodging houses and tenement houses, shall be for the three to]) stories, thirteen inches; for the next two stories l)elow, eighteen inches; and for each suci'eeding two stories of increased height the walls shall be four inches thicker than the two stories next above them. Walls exceeding eighty feet in length for such buildings shall be made of the thickness given in section SO. (76., sec. 63.) Sec. 104. Slated walls and jyables.— In dwellings, lodging Ikiuscs and tenement houses, when required or ])ermitted by this article to be buildings of the third-class, and a jioi'tion of a story is omitted, or roofed at a lower level than another })art, and where there are no masonry walls at or below (he line of such di\ision, (hen it may be ])ermissible to enclose such ]iarts with wooden studs or sheathing, covered on the outside ^\■\\h slate or other dui'able tire-resisting matei-ial ; and it shall be jiermissible to cover (he sides of dormers, gables and bay wimlows of such buiblings with like materials. Hut no such construction shall have an exposed surface exceeding two hundi'cd and lifty s(|uare feet, nor shall it be permitted nearer than tliree feel lit 1 lie line (if any adjoining owner, t /6., sec. 64.) Sec. 10.'). Fireproof walls for lijjht and vent shafts. — In every buildinij four stories or more in lieielil hereafter erected all the walls or ART. IV.] BUILDING CODE. 575 partitions foiiiiiii<; interior liti'it or vent sliafts sliall bo built of luick or iitliiT :i]ipi-i)vc(l tircin-dol' iiintcrials. tlh.. sec. fi."); (■(irn'spoiHls M. ('., sec. 14(1.1 See. 106. Ht*i};lil of lioll<»\\ tilr pait il ion wallH. — Fuiir-imli and sixiiuli liollow tile iiarUtiou walls of liardburnt elay. jioroiis terra colla or other suilabie lireprootliifi, niav be bnill not exeeediii}; in their vei'tical I'liriiuii a iiieasiirenient of til'leeii feet and twenlv feet, resjieetivelv. and in tlu'ir horizontal nieasiirt'iiu'iit a leiii^tli not e.xceedinf; sevenlytive feet, un- less streiiiitheiied by a steel frame, eross walls. ](iei's. columns, or butlresses. .\11 such walls ai'e to be carried on iiro|)er foundations or on iron }iirders or columns. In no ease, however, are such jiartition walls to be used as bi-arini; walls or to snp|i(M-t any load except their own wi'ijiht. ^lh.. sec. (i(>; corresponds M. ("., sec. 147.) Sec. 107. Pari il ion walls. — Every luiildiui^ not of the first-class liere- after erected, to lu' used as ati (d'tice buildinj; or a tenement or lodf^iii}; house, and haviii}; a heind lo the top of the lloor joists of the lloor al)ove such iiartiti(Ui. elfectually closiiif^ all sjiaces between the ceilini; and lloor with lireproof materials. livery buildin<; hereafter altered or converted to be used as an office buildin>;, or a tenement or loden stores, or |)laces of business, or teneineiils to be oc<'upied by seji- arate tenants, btit such ]);irti1ions shall be of ajiproved fireproof materials. lib., sec. (i8.) See. It)!). l"ir«' slops. — Every stud partition in every Iniildiuir of tbire or more stories in heiirht, hei-eafter erected or altered, lo be used as an office buildin-;, or a tenement or lodjiin^i hous(\ shall have a solid continuous *hoe ami cap not less than two inches thick, the full width of such parti- tion. etVectnally closin;i all spaces between the studs of such ]iarlilion and the spaces between the lloor joists below or above such |>artilion; where stud partitions in smh buildin;.'s extend down to a |>artition cap. or a ■rirtler or plate btdow the tloor. then the space between the studs shall be tilled solid to two inches above the lloor with ap)>ri>ved lireproof materials, so as to etfeclually stoj) the ])assa<;e of fire from the spaces between the studs to the spaces belween the joists. Where brick walls of su<-h luiildiiiiis are furred with wooden furrin;;, the brick W(uk iK'lweeii the joists in each tier of lloor beams sliall [iroject the full thickness of su<'h furrinp. .Ml slots or chases in the walls of such buildings or spaces between studs shall 576 REVISED COIiE OR GENERAL ORDINANCES. [CHAP 1. be solidly 8t(i]i|ic(l with liiciiiouf materials nt every tlooi'. ^Vhel■e pipes or ducts or wires jiass tiirou;iii the tire stops herein iXMpiired, they sliall be siirrouiKled at such places by mortal' or metal or other apjiroved fireproof materials, in such a manner as to elfectually stop the jiassa^e of tire. (/&.. sec. (il> ; compare ^I. <\. sec. 14.5.) Sec. no. Wall to be plastered back of wainscotiii};. — When wood waiiiscotin-i is used in any bnildin<-t the walls and foundations of sticli buildings, or of adjacent buildings, from injury. In no case shall water from such leaders be allowed to How tijioii adjoining walls or premises or upon the sidewalk, but shall be conducted by jiroiier jiipes to the sewer. If there be no sewer available, then the water from such leader.s shall be conducted liy ]iiiies below the surface of the sidewalk to the street gutter. (Ord. l-'^Ol'L". sim-. Tii; see M. ('. 178.1 Sec. 117. Cornices, — In all cases whei-e a wall is finished with stone or terra cotta cornice. sixt.\-ti\(' |ier centum of the weight of the material for such cornice shall be on the inside of the outer face of the wall, or shall be securely anchored, so that the cornice shall be firmly balanced upon the wall. Cornices of all buildings over forty-five feet in height, excejtting residences, shall be s the walls shall be carried u]i to the sheathing of the roof, and where the cornice projects over the roof the walls shall be carried u]i to th(> \o\> ol' the cornice. All exterior wooden cornices, except for residences and build ings under forty-five feet in height that shall hereafter re(|uire to be re paired or replaced, shall be constructed of some non-combustible material, as riMpiired for new buildings; and all exterior wooden cornices or gtitters. except residences and buildings tinder forty-five feet in height, that may hereafter be damaged by fire or otherwise, shall be taken down, and if r ■ |ilaced shall be constructed of nun loniluist ible material. Uh.. sec. 77: cor responds M. (\, sec. l.")2.) See. lis. Balconies. — Balconies may project over the street lines of buildings only when such balconies are constructed wholly of iucombustilile ni;iterials; but no jiart of stich balconies shall ]>roject more than three feet beyond the street lines. \o jiart (if such balconies shall be neari'r tha-i fourteen feet from the sidewalk urade. i //;., sec. 78; corresponds M. (".. sec. 212.) See sec. 124."? prescriliinff in'iialtj- for projecting balconies, etc.. and making; same a rnisieli liay or i)riel window shall have a j;reuter I'l-onta^e than lil'teen feel. No bay or oriel window shall l)rojet't over the liuildiii}; line of any street or alley where said street or alley is less than twenty fwt wide. There shall not be more than one bay or oriel window for any twenty live feet of frontaf;e. Nothiiif; herein con- taiiK'd shall, however, limit the number and si/e of bay or oriel windows which are built in such manner as not to project over the street or alley line. I /').. sec. TH; corresponds M. ('.. sec. 211.) Sec. l'2t). Show \vimU»ws.^Nii part of fixed or pcrmaiieut store fronts, show wimlows or storm doors on the lirst story of any biiildinji intended for a protection, or to contain jioods or wares for display or sale, shall be constructed so as to project beyond the biiildiufi line of any street or alley. In case of alterations of store fronts or show windows necessitated by re- pairs or for the purpose of rearranj;enieut, or in case of removal or resto- ration necessitated by lire or other damajie. such alterations, renewals or restorations shall be so made as to comply in all respects with the provi- sions of this ordinance relatinj; to the construction of new store fronts or show windows, (lb., sec. !S0; compare M. C, sec. 2J3.j Sec. 121. Siffiis. — Any sijrns now erected, or that may be hereafter elected, on the toi> of any buildiufj;, or attached to the walls of any building, and that may become rotli-n or unsafe, shall be taken down and removed upon notice so to do from the Commissioner of Public Uwildinns. No sign exceeding twenty S(niare feet in size shall hereafter be erecled on any build- ing without a iiermit from the ( '(unmissioner of I'liblic lliiiidings, as pro- \ ided in sections ll! and T>1 of this article. No sign exceeding tlirt'e and one- half feet in width, or ten feet in height, shall hereafter be attached to any building, unless such sign is constructed wholly of metal or other non- c iimbustible material. When two or more signs are placed on any build ing. one above another, the width or height of the signs shall be measured as if there were but one sign, and Ihi' spaces between the signs shall be in- cluded in the width of the signs, unless there be a clear si)ac(> of at least six feet between the signs. No sign shall hereafter jiroject more than eighteen incites over the building line of any street or alley, nor shall any projecting sign be i)laci'd nearer than eight feet to the ground or pavement of any strfn^-t or alley: nor shall any sign be so placed as to obstruct any lire escajte. or interfere willi the o](erations of the fire de|iartment. Every sign hereafter erected uiioii any building shall be sup|iorled u])on heavy iron braces bolted to the walls or roofs of the building in a firm and secure manner; and it shall be unlawful for any iieison. firm or c(n-iioration to erect or cause to be erected any sign in violalion of this section, ill)., sec. SI : i-ompare M. C. sec. 21(». I Hut .ii't- R. C. .MIH-. 1216. which seems to be not In hurinony In respect to lu'iKht in the clear. S.c. 122. T«»\\»T.s, tlurmi'r.s and .spires on top ol Imiklin^.s. — Towers, dormers and spires may be erected on the roofs of buildings, but shall not occupy more than one(|uarter of the street frontage of any build ing. and shall not in any case have a base are.'i of more than sixteen hundred s(piare feet. .Ml such iloriiiers. towers or spires shall be built of non com buslible materials. Towers, dormers or sjiires shall not be permitted on btiildings of the second and third class where the extreme height of the to]i 580 REVISED CODE OR GENERAL ORDINANCES. (CHAP 1. of the tower, dormer or spire shall exceed one hundred and fil'tv feet above the street grade. i/6.. sec. 82; corresponds M. C, sec. 104.) Sec. 123. Pent hoii-ses, how con.strxictcd Pent house.-; us.-d as iu- closures foi- tanks or elevators, and coverings for the machinery of elevators, and any other purpose whatever, hereafter erected on or above the roof of buildings, shall be built of fireproof materials or sheathed and covered on all sides with metal, including sides and edges of doors. Covers on toj) of water tanks placed on roofs may be made of wood, covered with sheet nielal. \A'here party or division walls form one or more sides of pent houses, such walls shall be carried up as tire walls above the roof of the pent house. ilb.. sec. 8;>; cori-esponds M. C. sec. 17(J. ) ^ !Sec. 124. ^Vater tank.s on iron supports. — Wati^r tanks erected over roofs of i)uildiugs shall be sujjported on brick or stone bearing walls or on metal beams or posts. (7&.. sec. 84; corresponds M. C, sec. 177.) Sec. 125. Least tliickness for ^voorten l)eanis. — If wooden floor beams used in any building other than a building of the fourth-class, here- after erected, shall be of a less thickness than two inches, except in dwell- ing houses not exceeding fifteen feet wide, the Euilding ("omniissiouer may require the beams to be spaced in a way to adequately insure the safety of the building. iJb.. sec. 8.5: conqiare M. ('.. .sec. 104.) Sec. 12(). Joists to be covered Uurinj; building:. — It shall be tlie duty of the i)ersou or j)ersons having charge of the construction of any building hereafter erected, to have joists or girders of each floor above the second floor covered with scaft'old boards or other suitable nuiterial as the building ])i-ogresses. so as to sufflcienrly protect the workmen, either from falling tliriiugh such joists or girders, or to jirotect the workmen or others who may be under or below each lloor from falling bricks, tools or other substances, whereby accidents luipj)en. injuries occur, and life and limb are endangered. {lb., sec. 8(!; corresponda il. ('., sec. 1(5.5.) Sec. 127. Wooden beams in party Avails.— All wooden beams and other timber entering jiarty or division walls of bnildings shall be se])- arated from the beams or tindiers entering in the oi)iiosite side of the wall bv at least four inches of solid masonry, ilb.. .sec. 87; compare M. ('.. sec. l()(i.) Sec. 12^. Ends of beams to be beveled The ends of all wooden tlooi- and i-oof beams, where they rest on brick walls, shall be cut to a bevel of one inch in five inches. [lb., sec. 88; corresponds M. C, sec. 1()8.) See. 12it. Bridjjing;. — All floor joists shall Ix- properly bridged with cross bridging: in ao case shall the rows of bridging be more than eight feet ajtart. \ Hi., sec. 8!t: corresponds .M. C, sec. I(i7. i Sec. 130. .\neborin}»' walls to joists, jjirders or beams.— In all bnildings of the first, second and third class, the floor, joists, girders, beams, and roof framing, whether of wood, iron or steel, shall be anchored to walls in a good and substantial mannei'. such anchors to be jilaced not more than eight feet apart, and to be built into the masonry walls. The form and construction of said ancliors shall be optional with ilic ownei- or ART. IV. I BUILDING CODE. 581 owners of llie buildiiij; or biiiltlini;s, l)ul in no case shall they tie so t-oii- sii-ncted or plaeed as to raiise any straiii on the masonry walls, in case am. ilh.. sec. !1((; c()m|par(' M. (".. sec. 17:!. I Sec. 1:{1. Beaiii> and woodwork lu'iir tiin's. — All woodcu lit-ams shall be trimmed away from all tines, whether the same be lor smoke, air. or any other use. The trimmer beams to be at least nine inches from the inside face «)f the Hue in a straij;ht line, but in no ease shall wooden beams be built into any chimney breast, ami the header beams shall be at least two inches from the outside face of the chimney breast. No wooden furrinj; or w len lathin;; shall be placed aj.rainsi or across any chimney breast. ill)., sec. '.H : comi.are M. ('.. sees, ir.ii. niii.i Sec. l:\-2. TriiiiiiiiM- and hoaiiei" beams. — The trimmer and header beams shall be at least double the thickness of the tloor or roof beams, or shall be made of two beams formiiii^ such thickness. pi'Operly sjiiketl or bolted. When the header is more than fifteen feet in lenirth (or where the header is framed to the trimmer beams more than five feet from the bear- iiifl end ihereofi wroufiht iron tlilch plates of proper thickness and depth shall be placed between the wooden beams, ami all suitably bidted tojjether through the iron plates; or steel beams of sufficient stren<;th may be used in place of flitch plate beams. Every beam, except header and i.iil beams, shall rest not less than four inches on the wall, oi' uiion a j,'irder. (/&.. sec. ill'; conijiare M. ("., sec. \~{).) See. V-V-i. .St if nip irons.— Every wooden header more tliau eiirlit feet loujj used in any bnildin;; shall be hung in stirrup irons of suitable sti-eni;lli for the size of the timber. (//).. sec. it.'?; comiiare M. C.. see. ITl.l See. I.'i4. ("ntlin;; Ix-anis f«»r pi|><'s. — No pis. water, or otlier pipes which may be inirodintd inio ,iri\ hiii liliii;; shall be let into the beams un- less the same be placed within thirty-six inches of a wall or su|i|portin}i; partition; in no ca.se shall the .said j)ipes be let into the beams more than two inches in depth, ilb.. see. !)4 ; eorresjionds M. ('.. sec. 17l2. i See. 13.'). S(air\\a.>s in ni., sec. 0.5; comj)are 11. (\. sec. 148.1 Sec. 13C. Stairways for hospitals, asylums, schools, halls and assembly rooms. — Stairways for hospitals, asylums, schools, public halls. and places of assembly, hereafter erected or altered, .shall not be less than three feet eight inches wide, and shall have no winding steps. They shall have treads not less than ten inches wide, and shall not have risers of more than eight inches in height. Every building, such as is mentioned in this section, hereafter erected or altered, shall have at least two stairways lead- ing from the ground to the top story, and shall further have such a number of stairways that the entrance to no room or apartment in such building shall be more than one hundred feet from a stairway. {Ih.. sec. 96; com- pare M. C, sec. 149.) Sec. 137. Stairways in hotols, loment house or dwelling where the lower story is occupied as a store or stores, or for any business, other than the office of such hotel or lodging house, shall have the stairways leading to the base- ment and to the second story inclosed with approved fireproof partitions, and the stair soffits covered with metallic lathing and plastered, or cover- ing with other approved fireproof materials. Every hotel, ])ublic boarding ART. IV.] BUIUDING CODE. 5^3 ui- l(Ml},nii}; liKiisf. and f\cr.v (iriict' liuildiiij;, wlicii not a Imildiii}; of llit> tiist class, shall liavi- iiu'tal cuxi'i-fd scultli-s or bulkheads leading' to tlu' rod', wiih ladders or stall's loading tliiMvlci. and acccssililc id all U-nants, and in icadinoss for nsc at all linu's. Tlio sciittit' or hnlklicad dooi' shall not he linked, but niav be faslened with luxiks on the inside, illi.. sees. !)7. 171.) Sec. 138. Firo escap«'s. — li shall he the duly «if tlKMiwiur, proprietor, lessee or keeper of e\-er\ hotel. boardin<; .uid lod;;inj; house, tenenieni house, seliool house, opera house, theater, music hall, factory, office build in;; :iiid excry buildin;; where ]ieople con;;i'e;;ale. or which is used as a business place, or for public or pri\ale assend)la;;e. which has a hei)j;lil of three or more stories, to |iro\ide said structure with stair fire escapes, at lached to the exterior of the building and with staircases located in the interior of the buildiii}^. The fire escapes shall idinmence at the sill of the se( Diid story window and run three feet abo\f the upper window sill of the u|pper story, with an iron ladder from the up])er story to the roof. The tire escape shall extend downw.ird from said second story by means of a sta tionary or drop stairway to wiiliin at least nine feet of the ground. ])ave inent or sidewalk. School buildings, opera houses, theaters and church buildings, also hospitals, blind and lunatic asylums and .seminaries shall each liave a stair lire escape. All factories, stores and all places wherein tw(>nty or more women or girls are employed or congregated above the sec- ond story thereof, shall have a stair lire escape with a drop stair to ivach from the lower landing to the ground, of such conslruci ion as shall be r(( quired by the ( 'ommissioner of Public lluildings. .Ml lire escapes shall have proper and safe balconies for each stor\ thereof surrounded on the sides with Jiipe railings not less than three feel in height, and inclosed below such failing with heavy wire netting or other substantial enclosure, .stairways shall not be steeper than an angle of tiftytive degrees, and shall be placed on a blank wall where ])racticable. Stairways and landings shall have railings as revery story of smh buildings so arranged as to offer free and unobstructed access to the tire escapes. The location of every fire escape shall be designated by a sign with letters not less than three inches in length and bxated adjacent to such escapr's on each floor of said building above the first. The location of fire escajies to be attacli(>d to any building shall be determined by the Commissioner of l'id)lic Muildings. .\nd he shall have authority to sus- pend the reipiiremeiils for lire escapes in the case of any public or jirivate school, where, in his judgment, such outside fire escape would be a danger ous exit for children. Provided, however, that all buildings of non fireproof construction thrtM' or more stories in height used f(U' manufacturing or mercantile jiurjjoses. hotels, dormitories, schools, seminaries, hos]iitals or asylums shall have not less than one fire escape for ev(>ry fifty ]iersons for whom working, slcejiing or living accommodations are jirovided above the second story; and all jiublic halls which jirovide seating room above the first story shall have such a number of fire escapes as shall not be less than one fire escajie for every one hunib'ed persons calcidated on the seat ing cajiacity of the hall, unless a difTerent number is authorized in writing by the Comnnssioner of Public l?uildings. ^^'henev(>r a fire es<'a])e attached to any building shall lie found to he in an unsaf(» condition it shall be the duty of the owner, lessee, proprietor or keeper of s.aid building to frntlnx illi rebuild or repair the same or rejdace the s:ime in a safe condition, sidijecl to the penalties of this article, (,/ft.. sec. 08; compare M. ('., sees. IHI. \'.y2.\ Kor flre-osoapt' roKulntlnn.t s.-i^ nls.> lirv. Pmlc. kith. 189-191. 584 REVISED CODE OR GENERAL ORDIN ANX'ES. [CHAP 1. See. lo'J. stand pipes. — Every building of more than four stories iu height shall have in eoiiiieetiou with every tire eseape ou sueh building, a wrought iron stand pipe three inches iu diameter with a Siamese hose con- nection at bottom and a hose connection and valve at every story and at the roof; all the connections for hose shall be of the standard size and thread in use by the 8t. Louis Fire Department: Provided, however, that this section shall be held not to api)ly to theaters and other buildings in which stand pipes have been jjlaced by direction of the Commissioner of Public Buildings or his i)redecessors in office. (lb., sec. 99.) Sec. 140. Duty of occupants of buildinjfs to keep stair- ^vays and fire escapes free from obstructions — penalty for violation. — It shall Im- the duty of every manager or occu- pant or tenant or lessee of every building required by this or- dinance to have fire escapes or to have stair tvays as provided in sections 135, 13C, 137 and 138 of this article, to keep such stairways and fire escapes and the landings and passages thereto at all times free from obstructions of all kinds, and it shall be unlawful to place any obstruction on any such stairway or fire escape, or its landing and passages, or to place therein any inflammable material of any kind, or to cause or permit any such obstruc- tions or materials to be placed as aforesaid. Any person, firm or corpora- tion who shall violate any jtrovision of this article shall be deemed guilty of a misdemeanor, and. upon convictiim, shall, except in such cases where other jienalties are provided, be fined not less than five dollars, nor more than five hundred dollars. [Ih.. sec. 100.) Sec. 141 . Fire-proof doors and shutters. — Every building more than three stories in height, above the basement, occupied for manufacturing or mercantile purposes, shall have fire do()rs. blinds or shutters hung to iron hinge eyes or pin blocks built into the wall on every window and every open- ing above the first story thereof, excei)ting on openings of buildings front- ing on streets or vacant lots which are more than forty feet in width ; said doors, blinds or shutters shall be standard; constructed of pine or other soft wood of two thicknesses of nuitched lioards at right angles with each other and securely fastened and covered with tin or galvanized iron on both sides and edges, with folding lapped joints; the nails for fastening the same shall be driven inside the lap. The hinges and bolts or latches shall be secured or fastened to the door or shutter by bolting after the same has been covered, and such door or shutter shall be hung independent of the woodwork of the windows and doors and be of sufficient area to lap two inches all around such opening. Sliding shutters of the above construction may be used instead of hinged shuttei's. of such mechanism as may be ap- proved by the Commissioner of Public Puildings. They shall in any case comply with all recjuirements provided for standard hinged tire shutters. In lieu of standard fire doors and shutters wherever mentioned in this arti- cle, approved metal frames of adequate strength, with wire glass panels in same, may be used. It shall be the duty of the Commissioner of Public Buildings to require fire doors, blinds or shutters, as provided in this sec- tion, to be j)laced on the openings of buildings in cases where lots which wej*e vacant when the buildings were constructed are built upon, so that said ojieiiiuus become within foi-Iy feet from any building, t fh.. sec. 101; compare M.^C. sec. 193.) 1 Above sec. amendeil after passage ot liev. r. by oril. Wisi, appr. Aug. 19, 1907.) Sec. 142. Shutters to he opened from outside. — All .^butters above the first storv of am building shall be so arranged that tlicy can be readily AltT. IV.] RVILDING CODIC. 585 (i|iciii'(l rfiiiii ilic oiiisidi' Ipv lirciiicii. All loiliiiu iron (ir siccl sliiiiifrs liere- iillci' (ilactMl uii llif lirst storv of any Iniildiii;; shall be coimtcrlialaiHed, so llial saiil iDlliiiji shulicrs nia.v lie readily
  • oii«i, ete. — Any ]icrs llif cilv a IhiiuI in the jiciial sum of twenty tliiiiisaiiil ili>llars. with <;ii(>il and siil'ticiciil scriiciix. who shall lie owium's of iiiiiiK'iiiiilKTcil I'lMJ ('Stale in the ritv. to the sal isl'art ion and a|i|>r()val iif the Mayiii'. rniidil iiined that said \\ harrimal shall at all limes lie };(i(id. safe and seawdi'th.v. and sn|>iilied eonsianlly willi at leasi one u;ood force |tiim|i. and nrii- hundred and tifly feel of hose, whieh shall, always he in >;oo(l order and riMily for use; that the owner or jiarly reiiresentin^' said wharflioat will sirietly coinply willi all ordinances that may he passed foi' the };o\erniiient of wharfhoats and the collection (d' wharfap' and wharf rent ; that in case of the sinkinir of said whai-flioal from any cause, the same, or llie wreck thei-eof. shall he remo\('d fiMMliwitli fi-om the landinji at the expense of the owner or re|iresentalive of saiil wliarflioal. so that the same shall oiler lu) iiIkii-iicI ion to the iiarlmr. i .M. (".. sec. 407. ( Si'f also Sfi'. :{7u. Sec. :]8'). Storay:*' or ror\var. and the said commis- sioner shall report every such \iolation to (he city atfornev. i.M. ('.. sec. 4(tN.I But Sep Cliartpr. Art. IX. .sec. 9. Imposing; (fur .some of the same orfiTi.ses l>rolilblte(l In sec. 38.'>) a penalt.v of tlft.v doUar.s. If the provisions are In con- lllet of rourse tlie Charter would prevail as the paramount law. Sec. :!.S(;. Wliarfboat.s — liow fasft-iu'd. .Ml wharfhoats moored at ihe wliarf shall he so fastened thai ihcii- chains, caliles. stap's and cralis shall olVer the least jiossitile ohstriiction lo ihe free jiassajje of drays and wa;:ons. The harhor and wharf commissioner shall desi^tnate the place al the wharf where each wharfhoal shall lie. and wharllioals shall relno\e to any otiier place al the wharf wliene\er the harhor and wharf commissioner shall so direct, i .M. ( "., sec. Illlt. i See. :{87. Harj;«'.H may liav<' uhai'l'lioat i>ri\ iU'j;«'s \ny per- son or jHTsoiis. corporation or com|iany transporting; f;eneral merchanilise upon harjies hy means of steam low-lioats to and from this jiorl may avail lliemsehcs of tlie provisions of this article in re;;ard to wharfhoats. on the same terms and conilitions as are a|>]ilieil to sieamhoals re;;ularly cari-\in;; fn-ifjlit and passen^iers. i M. <'.. si-c. 410. i Sec. ass. .Vnniial mil rairs wliarl'lMKits not to afFrct iluos. — All jK'rsons. owners of wharllioals. haxiiii; wharfhoal pri\ile;;es shall |iay an annual rental to the city of one dollar tift.\ cents for each frc. tl.").) ARTICLE IV. OF W00l> See. 39.'?. Districts designated. — Foi-the purpose of receiving, rank- ing and measuring cordwood and collecting wharfage thereon the city is ART. IV. 1 Ol'- WOOD. (J55 lificliv (li\i(lcil ililii l\\(i ilisi rills ; ;ill lli:lt ji.irl cif the cily l.vill^ soiilli iif llic ifiilfi- III' .Mai'kcl sircci sli;ill i-(iiii|i(isf tlic soiillu'rii ilisirict, and all llial pari i>{ llic I'il.v I.Niii^; imrlli ol' llu- riMilcr of .Markcl strt'cl sliall coiiipii.sc till- null liciii ili.sl rid. i.M. ("., si-r. -llU. ) See. 394. Di'indy <'<»iiiniis.sioiuM' to iir( as woodinaHtcr.— Tlu> liarlinr and wliarl' itiiiiiiiissioiKM' shall a|i|>uiiii mic iil his (lc|inlics to llic s|icrial rliar;;!' and ((iiilriil nl' each of said dislricls, who sliall icspec- ti\('l.\ iH'rloriii Ihe diilies herelol'ore iierroriiicil hv ilii' \\ uDdiiiaslcr, as pro- viiled li\ ihis rhajilcr. i .M. ( ".. .■<('!•. 417.1 Ser. 3!!.'). Duties ot asiir<>ni<'iit, wliu-li lin.s Ih'OII i'('ino\tMl ri'oiii coril, a iiiixlmit'aiioi' Any person who shall remove any wood from the cords after the same shall have lieeii measured, and shall thereafter sell or oiler to sell the same at its original measm-enuMit, and any wood Inning lieen iirevioiisly mea.siired wliicli is e.v- po.sed in ranks upon the pnlilic wharf shall hi' deemed as oU'ered for sale, or any person who shall remove wood from Ihe wliarl liefore the payment uf whai'faj;e therefor, shall he deemed i;nill\ of a violation of Ihis cha|iter, and upon conviction thereof shall he lined in a sum of not less than twenty- live iiur mure than tifly dollars, i M. ('.. sec. 41!l.l Sec. 3!I7. FiiM'wood - wharfay:*' rat«'s — r<>maiiiiiiy on iiiipavi'd wliarf— duty of drpiity coiiiiiiissioner to report aiiioiiiit ami ownei- — what wood exempt not to o<*cnp> pa\«'«l wharf. —There shall lie collecled \\liarla;;e of ten cents on each and every cord of tirewood liroii;;lil to this city hy lioat. rail or raft, either hefor(» or after the same is unloaded from lioal. rail or rafi. with the permissiiin that Ihe same may remain on the nnpaved landing; ;i leii;;th of time not exceediiiij thirty days, and whenever the same shall remain loiijjer than thirty days, it shall he re- ipiired to ]iay tive cents a cord in advance, every thirty days for tli(> time it may so remain; and it shall he the duty of the deputy harlior and wharf commissioner to report, in writin;^. to Ihe li;trlior ami wharf commissioner, ihe amoniil of all tirewood. with the name of the owner m- coiisii;nee there- of, siilijeii to payment of wharfajic as soon as il arrives wilhin their resjiee- tive districts, and also the report as aforesaid, the amount of all tirewood lialile to the payment of whaifa<;e within their respe(tiv(» districts, Iiy rea- son of its having; remained on the lainlin;; loii<;er than the time allowed hy this section, since Ihe last payment of wliarfa-.'e ; jirovided, that wood on ste.'inilioats or locomotives, intended for their own use, is not siiliject to tlie paxnient of wliarfa-ie; and pruxiiled further, tliat no portion of the paved wharf or landin;; shall he occupied hy wood unless liy permission of the harlior and wharf commissioner. lOrd. "JIMIt. sec. 1 : amending; M. <'., sec. 4-Jt». I S>-f nee. 375. (J5(i KKVISKI) CODK OK GliNKKAL i 'KI iINANC'KS. (CHAP. 10. Sw. 398. ('<)rai-| of cord. The deputy harbor and wharf com- luissioiiers. \\ lim iiicasniiuj: wood, .shall rate the leii;;th of the wood at four IViM. iiirludiiiii (iiiciiall' ol' the kerf, i M. ( '.. sec. 4L'1.i Sec. 399. 3It'asur('iiu»iit of firewood for privat«» uso. — Fire- ^\d(>d brought to the cily by walcr lor |ii-i\aic use and iini lor sale may, at the option ol the owner, lie measured in llie bnlk or boai load, i .\I. C, sec. 4:il'.i See. 400. Deputy — hours at wharf. — The dejnity harbor and wharf coUHiiissioueis shall be at all times, from sunrise until (hirk. upon those ])arts of tlu> wharf or iandins where tiicwood is directed lo l)e landed Ol- .sold. (M. ('.. sec. 42:!. I Sec. 401. Measiireiueiits for ventlors or purehasers. — The dej)- nly harbor and wharf commissioner shall, whenever reijuired so to do by any vendor or purchaser of firewood, measure and mark off any (|uantity of lii-ewood retjuired, and is hereby authorized and reipiired to charfje and collect from such vendor, lor e\erv such measuremenr. a fee of ti\e cents ]ier cord; such fei's shall be ])aid over on Saturday of each \\('<'k by the harbor and ^^•harf commissioner to the treasurer. taUinji trii)licate recei|)ts tlieri'for, t)ne of which he shall tile with the auditor and one with the eonip- I roller, {^l. ('.. sec. 4J4.) Sec. 402. Coal or eoke — barge of. ineastirenieiit. — The deputy Iiarbor and \\harr commissioner, whenever reiiuii-ed so to do by any vendor or purchaser of a barj;(' of coal or coke, shall measur(» and cei'til'v the liumbei- of bushels contained therein, and is hereby authorized and re(iuiied to char<;e and receive from the ]ierson or )iersons so re(Hiirin,L!: llie measurement, a fee of fifty cents ])er every one thousand bushels, and for very fractional part thereof over five hundred bushels, fifty cents, ami under Ave hundred bushels, t\\entyflve cents, wliich fee shall lie ]iaid in a:i pro\ided by section 401. (M. (\, sec. 42.j.) As In i.-()a! ni'-H.surtnuTits in general, etc.. see sees, l^r.iii' to Ijr.Tl. L'r.40. Sec. 403. AVhat eolleetioiis to be made by collector .Ml collections recjuired by this article otlier than those mentioned by .sec- tions 401 and 402 sliall be made by the collector. The harbor and wharf coinniissioner, on delivering each bill to the c(dlector, shall take dujilicate receipts therefor, one of which lie shall retain in his ol'tice. and the other he shall deliver at least monthly to the auditor, who shall charjic the col- lecloi- wilh the bills so |ilaced in his hands for colleclion. l .M . ('., sec. 42(i.) See. 404. Report — what to be iiiadi' to asseiiddy. — The harbor and wharf commissioner, in his annual repoil to the niunici|)a1 as- sembly, shall jiresent, in statistical form, the number of cords of wood and till' amount of revenue derived from tlie wharfage and measurement of said wood for the year last past. ( M. <".. sec. 427.1 AHTICLK V. (IF SCAVIiNGEIt DfMPS. Sec. 405. Location of dumps. — There are hereby estal)lished the followine nameil sca\enj;e]- dumps, and locali'tl .-is follows, to-wil : The AKT. v.] OK SCAVKNC-.KU Dl'MPS. (J.-,7 northern scavciitici- . al i>r iumi- ilic I'imM nf Cliiiloh si reel ; icniral s«-avt'um>r ilnni(>. ai oi- near tlu' fnol (>( .Miillaiiiihv street; Clionleaii a\fnue scaveufjer (lnni|i. ai »ir near the I'tKii ot Cliuuteau avenue; \'ict(ir slri'cl sravenjjer (lnni|i. at or near the fnol ot X'iclor street ; southern seavenjiei- (liinip. at tlie tool of Stein street. South St. Louis, i .M. C. see. 4liM. ) See. 40(). Sui>orili(oii(U'ii( «»f. - The liarhor atnl wharf eoininissioner shall appoint one of his deiuities rn he superinteinlent of seav«'n};er dumps. t.M. ('., see. 1L".». I See. 407. \\':it('llliK'll. 'riie hariioi' ami wharf rmiiiiiissinncr shall a|ipoint. with iIh- apiiinval of the presidenl nf llic lidanl oC |iiililii- iiii|ii(iM- nients, the fulhiwiiii; numix'i- of watihnien for llie several (luin|is: l'"ur iln' northerti duinp. two walehiiien ; for eentrai duin|i. tliree waltlinieii : fur Chouteau avenue (hun|i. two walehmeu; for \'i(l(M- sireci. two walchnieM: f(M' southern dunii). two watehinen; who shall he divided bv appointin^i one walehman for day and one watehnnm for nij;lii vvmU on each of the dumps. e.\eept the eentrai dump, where two watchtneti shall Ik' stationed on the dav wateli; said watehmeii shall receive in full compensation for their .services the Miini of six hiinilied dollars each |ier annum, payahle iiionthlv. (M. ( '.. sec. 4:!0.1 Sec. 40.S. Dumps to li»' I'r*-*'. 'I'lic scavcu^;cr dumps eslahlished and maintained liv the cilv shall Ix' free duniplM^ places for slops, refuse from markets, manure. ni};ht soil, otlal from slauj;hler hou.ses and oilier animal the river lied in frotit of the dum|)s. ami to create an ohstrnction to the harliDi- nf the citv. i .M. ('., .see. 4:!1.| Sec. 409. It<>^'ul:itioiis of, t«> he iiinch'. — Tlic liarhor ami wharf comini.ssioner is licrchy aiitliori/ed .ind diici led to ni.ike such reun latioii.i concerning the manner and limi' of dumping niuhi si>il and nilier ort'ensive suhstances as he may deem iiecessaiy to prr\<'ni I he ncaiioii of :i nni.sance Iherehy. i .M. (".. sec. I.".".', i Sec. 41(1. I >«■ of, ma> In- pi°<>]iilM((>(l. — Wlu-ncvcr. on aci-uunt of low water or fiom any other lansi-. lUie i>( the dum)is estaldished and maintained hy the city shall he unlit to he used, or if the further use of aiiv estahlishetl dump will create a nuisance or an obstruction to the harbor of the city, the harbor and wharf commissionei- shall have tlu* ri^lii lo tcm- porarfly prohibit the use of such dump, either entirely or for onl.v for cer- tain kinds of material, as in his jud^menl may Ik- reiii<>\;il of «>fTnI— :i-slKnnti'il a» 404 Inatcnd of 434. As to i-mployoa of Harbor and Wharf depnrtm>-nt. ai'c R. C. »»>r,». ISSS. 2012-2011. 1999, 658 REVISED CODE OR GENERAL ORDINANCES. (CHAP. 10. Sec. 412. Violations of article— penalty. — Auy person who shall dump from any of the dumps maintained by the eity, earth, stone or other material ])rohibited from being' dumped by tliis article, or who shall dis- obey any of the directions' or orders of the liai'ljor and wliarf commissioner in relation to dumjis, given under authority of this article, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in a sum not less than five nor more than one hundred dollars, i M. C. sec. 435.) ARTICLE VI. OF KEURIES. See. 413. Keepers of ferries to pay a license. — No persim shall keep a ferry within the limits oC iliis city, so as to demand and i-eceive pay for traus]iorting jiersdus or jiroperty across the JIississip])i Kiver, or use in any way the wharf or shore of said river as a ferry landing without a license therefor, under penalty of thirly dollars for each day such ferry may be kept without a license. (M. C, sec. 430.) Cliarter power: Art. III^ sec. 26. clause 4. This provision is valid: St. Louis vs. Waterloo-Carondelet T. Co., H Mo. App. 216. In granting licenses charge for round trip may be limited: State vs. Sickmann. 65 Mo. App. 499. See as to right of a city to impose a license ta.\ on ferries plying between St. Louis and East St. Louis: Wiggins Ferry Co. vs. East St. Louis. 107 U. S. 365: St. L. vs. Waterloo-Carondelet. supra. See also, as to protectini: such ferry franchise by injunctive relief against unauthorized operation of a rival ferry company which has no city license: Cauble vs. Craig. 94 Mo. App. 675. 682: Carroll vs. Campbell. 110 Mo. 557: Carroll vs. Campbell, 108 Mo. 550 . Where a city is not given exclusive power to license, the rigrit of the state to license ferries is not taken away: Harrison vs. State. 9 Mo. 530. Special legis- lation relating to ferries is prohibited by the Missouri constitution of 1875: Art. IV, sec. 53. See Carroll vs. Campbell, supra. See also in connection herewith liinitation of the right of the city and state to impose a license tax (though in lieu of wliarfage dues) on vessels licensed under the laws of Congress to do a coasting trade on the Mississippi river, and engaged in carrying freight, authorities referred to in head note to Art. 2 of this chapter. See. 414. Petition for ferry to be made to assembly. — Any person who shall desire to kee]i a ferry within the limits of this city shall petition the municipal assembly fur a liceuse therefor, setting forth in the petition the number and kind of boais intended to be eni])loyed, the length of time for which said license is wanted, and ])laces where such ferry is designed to be kept. (M. ('.. sec. 4.37.1 See. 415. Assembly to direct license to issne and pre- scribe rate. — The municipal assembly may by ordinance direct a licen.se to issue and jirescribe the sum of monev to be j)aid therefor each six months. (M. ('.. .sec. 438.) See. 41(5. Term of liceiis<' and bond. — ri)ou the passage of such ordinance a license shall be issued to the ap])licant for tlie term of six months, charging therefor the sum directed by such ordinance; pro- vided, that the api)licant therefor shall give bond to the city in the sum of ten thousand dollars, with not less than two sureties, holders of unincuni bered real estate in the city, to be a|)])roved by the Mayor and Council, con- ditioned for the faithful ixM-forinanct? of all duties enjoined by any ordi- nance of the city. (.M. C.. sec. 43!t.) AHT. VI 1 OF FEURIES. 059 Sec. 417. H«'ll«'\\;ils of lict'llSO. If llic lirciisc Im' j;r;mlcil l)_v llu- iiiiiiiii'i|i:il iissfiiilil.v lor ii li>nj;cr liiiic than six iiiiiiitlis. it simll Ix' renewed :it the eml i>( each six months. (Iiirinj; llie time speeilieil by ordinance, willi- oiil the neiessity of a new (letition. ( M. (".. sec. 440.) See. 41S. I^MM' <»r licenses, \\ lini :i>si-iiilil,\ iiol in session. — .\t anv lime wiieii the municipal asseiiililv is not in session, the .Mavoi- may direct terry licenses to lie issued in continue in I'ofce until the end of the next rey;iilaf session of the inniiici|)ai .issenddy. u|miii ilje a|i|iliraril uiviii^ bond as liereinberofe fei]uii-ed. (.M. ('., see. 441.) Sec. 41'.». Duties of ferry-keepers. — Kveiy keeiiei- of a leriy shall kiM']! a f^ood ami suliicient boat of boats, in jjood repair and well manned, and v:ive reaily and due altendanee at all times liotwtH'n sunrise and dark, and for ne;;lectin<;. I'ailinf; or refusinj; to jcive such attendance or promptly to transport persons or i)ro]perty across the river, when the river can be jtassed. shall be deemed jiiiilty of a misdemeamu', and on conviction thereof shall be tineil not less than ten nor more than twenty dollars; |U-o\'ided. he shall not be obliged to transport any person or propei'ly before payment of the le-ial ferriaf;!' therefor shall have bivn made or tendered. f.M. (J., .sec. 441.'. I See. 420. ^\ Ju'n li<'ense may Ik> revokecl. — If any keepei' of a ferry fail or nej^lect for three consecutive days, or for six several days within any period of six months, to perf(U'iu the duties herein enjoined on him. except when |>revenicii l)y ihc cIcMieuls or other iiiiconlrollabie cause, cal cidat(>d to render na\ij;ali(Ui (lan;;eroiis or ini[iracticable. his license may be revoked b\' the .Mayi>r or iuunici|ial asseudily. and after he shall have received notice of such revocation, he shall not for the pnr])ose of trans portitij; persons or property, as a ferry land any ferry boat or take it froiu the shore of the river within the city, under penalty of not less than twenty nor luoi-e than one liundre<| the dnt\ of the harbor and wharf commissioner to desi;;nate the places of landin;; of the ditVereiit ferries, unless the same shall be lixed b\ ordinance. i.M. ("., sec. 44."). i See. 423. Temporary Iandiny:lo b«> «lesiy:naled — when. — If any ferry boat, on acn>uiil of the low slaj;e of water in the ri\er. or other nat- ural <-auses, shall at any time be prevented from landing at the jioint des- ignated as its landin<; place, the liarboi- and wharf commissioner shall des- ignate the near<-st point thereto at which sin-li boat can. without obstruc- tion, land at its lamlin<; place for the time bein^'; and such boat shall be landed at the place so designated tiiitil a landin;; can In- ell'ectcd uuob- stnictedly at its ivjnilar landiii}: |>lace. ( M. ('.. sec 44(i.) See. 4i.'4. Hules foi- opcratin*; ferr> boats. — Ferry Imats slinll pursue the nearest |)raciical route or course across the .Missi.ssi]ipi River. geo REVISED cooi': f)R (?i:ni:rai, ordinances. [chap. lo. and .shall iu)t iviiiaiii at tlie laiidini; in this litv louder than ten minutes, unless couipeilcd to do so in older lo dischai'jje and take in passengers or cMijio. ( M. ('., sec. 447.) See. 425. Kate.s of ferriaj>e.— At any ferry established under this article, ferriage for one jiassage in either direction shall not exceed the following rates, to-Avit: For children under five years of age. when accom- l>anied hy guardian, free; for each |)erson tive years of age or over, five cents; for hogs and sheep, per head, foui- cents: for cattle, horses and mules, ])ei- head, ten ceiils: for man and horse or mule, fifteen cents; for one-horse vehicle, including driver, twenty-tive cents: for twohorse vehicle, including driver, thirty-tive cents; for three-horse vehicle, including driver, forty-five cents; for foui--lior.se vehicle, including driver, fifty cents; for rtve-hor.se veliicle, including driver, si.xty cents; for six-horse vehicle, including driver, .seventy cents; ])rovided. however, that i-ates for market wagons, or vehicles loaded with ]iroduce of manufacture of this state or the state of Illinois and i-eturiiing eni]tty within ten days after crossing, shall not e.x- ceed for one-horse vehicle each way, fifteen cents; each two or three-hor.se vehicle, each way, thirty cents; each f(uir-horse vehicle, each way. fliirty- ttve cents; provided, that any party, j)er.son or corporation violating any of the provisions of this section by demanding or receiving any compensation in excess of amounts h(>rein ])rovided shall be deemed guilty of a misde- nu^anor. ami u))on conviction thei-eof shall be jmnislied by ;i hue of not less than one hundred doll.iis nor more than tive huiuli-ed dojl.iis for every of- fense, one-hiilf of said tine to go to the informer. In addifion to the al)ove I>enalty. the license or jirivilege to land at any wharf or landing within the limits of the city may be revoked l)y the ^layor or municipal assembly by ])roper ordinaiu-e. for any violation of iln- provi-sions of this chapter iu rela- tion to demanding or receiving any comiieiisation in excess of anuumts here- in provided. No charge shall be made for the load in any vehicle. (JI. ("., sec. 448.) Sec. 426. Hates to be posted, Avliere. — L'i)(>n every tVrry l)oat licensed as aforesaid, there shall be jiosted U]i in at least two conspicuous ])laces, ])rinted copies of the next ju-eceding section; and any ferry keeper failing to keep the same ]io.sterovisions of this article, it shall be entitled to a license lo keep ,i ferry within the city lin\its during the pleasure of llii> mniiici|)al assembly, ui»im the payment of twenty- live hundred dollars e\-ery six months in advance, on the first days of March and Septend)er of each year, and to have ()ne landing ])lace above and one below Market streel. al the i)aved wharf, not to exceed foi- each landing place two hundred feet in length. i.M. < '.. sec. 4.")0.) Tlu- AViKSiii-'* Fi-ny Co. is an Illiiinis loriior.'ition; as to the riglit of East 5?t. I^ouis to impose a license tax. aiul tliat siu'li is not void because plying between states see "Wiggins Ferry vs. ICast .St. Ijouis. 107 V. S. 365. See also in general Ij<"nns\-il!e Ferry Co. vs. Ki-ntucUy. ISS U. S. 385. Sec. 428. .^ladisoii eouiity ferry — how fioverned. — Fjiou the .Madison County Feri\ ('om]iany coiiiplxing with the jirovisions of tlii.s article, it shall lie eiiiitled lo a license lo keep a ferry within the city limits AKT VI ] OF KKIIKIKS, GOl (liiriii;; the |il('nsnir of llio immiciiml ;isscmlil.\ , >i|i()ii ilic pa.vnu'nt of tliri'c liiiiKiifil iImIImis cvitv six mimtlis in :i\ (his article, wiliicnil an.\ addilionai pelilion. i M. C. sec. iTt'2.\ Sec. 4;'.0. |{i<;-|it of aiiM'iKliiKMit or repeal n'serve*!.— This article in relation to ferries, ami ilie rij;lits and pri\ilej;cs hereliy fjranled to the W'iji^ins Ferry ('oni)iany and the .Madison Connly Feiry ('omiiany. are sniijecl to amendmeiil. nioditical inn oi- |-e|ieal. iM. ( '.. sec. -i't'.i.) .S.c. 431. SmiktMi boat or Hoat to be removed from harbor. -In case an.\ ferr\ Imat or lloai siid. Illinois and St. Louis Railroad and Coal ('«)mpaiiv — COlldKioii.s of li."i. ) Sec. VXi. SI, Claii- I'crrv Company to land at Sidn«'\ str«*«>t. — That |ioi-iion of the wharf in the sonlliern pari of ihe city lyin;: al the fool of Sidney street, commencing al a poini foiiy feet nortli of Ihe north line of Sidney sti'eet and exti'ndinj; therefrom sonlhwardly one hnn dred and tifly feet, shall he and ihe same is hereby desi;;naied as the ]dace of landin*; for llie ferry of the St. Clair Ferry and Transfer Company. Imi tile floats against which said ferry company shall land its lioats shall not exc«HMl one hundred and tifly feel in length. iM. C.. see. 4."li. i Sec. 4;{4. LitrM?»«' ;irant»il to M. (lair I rir.\ (ompan.\.— There is hereliy ;;raiited lo said Si. Clair Ferry and Transfer Conijiany a ferrv privilefie. and said ciim)iany shall lie eiititleil lo a license to keep a ferry within the city limits, and al the jilace of landing: desi-inaleil in the preceding' section diiriiif; Ihe pleasure of lli<> municipal assembly, for which privilep- and license said company shall pay the ciiy ,se\enlytive dollars every six months, in advance: and such license is hereby directed lo be is- sneii to said company, and to l.e ri-newcd from lime to linn', i .M. C., s(?c. 4.-7. ) Sec J.?.'). Collrct i«in><, Imu made — bonds, whrre filed— li- ♦•ense-H, how i^^iied. — .Ml collections reipiired In ihis ailicle shall be Qg2 REVISED CODE OR GENERAL ORDINANCES. ICHAP. 10. made by the tollettor; all IkhkIs re<|uire(l to be executed to tlie ritv by this ardcle shall be tiled with the register, and all lieenses herein i-einiire(] shall be issued in blank by the register and delivered to the coiui)tr()ller. who shall countersign the same, and deliver and charge the same to the harbor and wharf commissioner, who shall make out said bills and deliver them to the collector, taking trii)licate receipts therefor, one of which he shall file with the auditor, and one with the com})troller. ( M. ('., sec. 4.")S. i Sec. 436. License to Waterloo-Carontlelet Turnpike and Fer- ry Company. — Upon the Waterloo. Carondelet Turnjiike and Feri-y Com- pany coni])lying with the jirovisions of this article, it shall be entitled to a license to keep a ferry within the city limits during the ])leasure of the iiiunicijtal assembly, upon the ])ayment of one hundred dollars every six months, in advance, and to have one lauding ])lace at some place south of Stein street, to be fixed by the harbor and wiiarf commissioner, not to ex- ceed two hundred feet in length. (JI. (\, sec. 451).) St. I.ouis vs. Warprloo-Carondelet T. and F. Co., 14 Mo. App. 216. CHAPTER 11. HEALTH DEPARTMENT.' ART. I. Of Board of Health. , II. Of Health Commissioner and Assistants. III. Of City Bacteriologist. IV. Of Cit.v Cliemist. V. Of Inspection of milk and cream, and of licensing and regulating tlu- sale thereof. VI. Of regulations of daries and cow-stables. VII. Of inspection of meat, fish, vegetables and fruit. VIII. Of poisons. IX. Of adulterated article. X. Of regulations concerning the cutting of ice. XI. Of regulations of vaults, privies and water closets. XII. Of nuisances. XIII. Of carcasses of dead animals, garbage or offal. XIV. Of vital statistics, XV. Of regulations concerning the practice of medivine, surgery or mid- wifery. XVI. Of City Hospital. Female Hospital, Insane Asylum and Dispensaries. XVII. Of Poor House. XVIII. Of regulations concerning contagious, infectious and pestilential dis- eases. XIX Of quarantine. XX. Of mortuar.v records. XXI. Of regulations concerning the transportation and disinterment of dead bodies. XXII. Of cemeteries. XXIII. Of crematories. XXIV. Of bringing insane persons and paupers into city. XXV. Of salaries of officers and employes. AKTICLIO 1. OF BO.\KL) OF HE.\LTH. Sec. 437. Members of . — The board of health, as constituted by sec- tion two of article twelve of the charter, shall consist of the Mayor, who shall be its jiresiding officer, the pri'sidiiig officer of the council, a comniis sioner of police, to be designated by the Mayor, two regular practicing pliy •Charter, .^rt. XII. treals of the Health department. ART II OK BOARD OK HKALTH. 663 sirians, wlio sliall jiossoss the same (]nalitirations as the Ma.vor, and wlio shall he a]ii)<>intt'(l hv the Ma.vor ami contii-ini'd hy a majority of the meiii- IxTs (>r the ctnimil. ant! the health (•(iiniiiissioner, who, in the absence of the Mayor, shall he the piesidlnfj; oltieer. ( M. C, see. 4(J0.) MombiTS of tlip tioiiiU of lu'iillli an- not state officers within the- rnrnning of the constitution relative to appeals: State ex rel. vs. Board of Health, 90 Mo. 169. As to funetions of fSoard of Health see State vs. Butler. 178 Mo. 272, See, 43!S, iMiM'tiiifis — <|ii4irii III— riikvs. — The board shall meet twiee in eaeh week duiiii;; the year; but may be eouvened in special session at any time by Ihc .Mayor, health ciimmissioner, or by any two members of the Ixiaril. iipim a written mitilicalion. .served twelve hours Ix'Tore the time of said nieetin;;. Three memliers of the hoard shall constitute a ipiorum for (he transaction of business. The board shall have jiower to adopl rules and reonlalioiis for its tjoveriimeut. (M. <'., sec. Kil.) See Charter. .\rt. XII. sec. 2. making same provisions. Sei'. 4,'J!). Pro.sidiMit protein. — In case ol ilie absence of both the presidiiii: oflicers of ilie board, as established by the charter, from any reo;ii- lar or special meetiiio;. the other members are hereby emjiowered and author ized to orj;anize the board and conduct their business by electing a jiresid iiij; oftiier pro tem|ore. I M. (".. sec. 4(>2.) Sec. 440. T«'rnis and salaries, — The members of the board of health sliall hidd their oftice for the term of four years and until their successors are duly elected or appointed and ipialilied. They shall, except the Mayor, health commissioner, iiresideiit of the coumil and police conimissioner. re ceive a salary of rtve hmidred dolhirs each per annum, pavable moiithU. (M. (_'.. sec. 4()3.) Sc.-. 441. Rooks and records to be kept The board of health shall cause to be kept in suitable books a full and correct record of its |iro ceedin^s and acts. They shall also cause to be ke|it a full and correct ac count of all exjieiises incurred by their authoiaty. specifyinj^ the amounts, why and when, and liow incurred, for what purpose applied, and also a cor rect account of moneys rec(>ived by them from whatever source. They shall also cause to lie kept a hook for the rejiistration of all jihysicians who have com|>!ied with all ordinances j;overnin;,' physicians, ami shall fui'iiish a copy of the same to anv dru^jf^ist or ajiothecarv a|>id\in}; therefor. i.M. ('.. sec. 4(;4.i See Charter. Art. XII. .sec. 14. Sec. 442. .Veeoiints of — approval and auditing;. — B.fore any money is paiil out the accuuiits tliereloi- sImII be e.vaiiiiiicd and ajijiroved by a majority of the board, and siirne(l and approved by the president or health commissioner and atlesied by the clerk, and such accounts, if so certilied, shall be audited by the auditor in the same way other accounts are audited, and he sliall draw his warrants on the treasurer for such amounts, accord in. Sec. 44;{. I'lircliMsc of art i<-I('N r«'«|iiire(l. — All articles of every kind and description that may be reipiired in any and all of the institutions Jind d<'parlinents uinler the chary:e of the board of health shall be jiur- I'hased. as may lie jmividefl for by the charter and ordinances. iM. C, sec. 4f>t;. I (164 REVISED CODE OR GENERAL ORDIXANCEI.S [CHAP. 11. Sec. 444. Clerk — appointiiieitt of . — The ht^alth commissioner shall iij)j)oiiit some fit and coinjietent jterson, who shall jiossess the qualifications as prescribed bv section ten. article four of the charter, as clerlv of the health connnissioner. and such aiiiiointment shall he subject to ftie approval of the board of health. The clerk of the health commissioner shall act as the clerk of the board of health. OI. C, sec. 407.) See Charter. Art. XII. sec. 14. Sec. 445. Salary aiul lH»n«l of clerk, — Said chn-k shall receive a salary of eighteen hundred dollars a year. j)ayable monthly, and shall, be- fore entering; upon the duties of his office, give a good and sufficient bond in the sum of five thousand dollars, conditioned as the bond of other city officers, and be apju-oved by the mayor and council. i,M. C, sec. 4GS.) Sec. 44C. Duties of clerk.— It shall be the duty of the clerk to at- tend at the office of the board of health and the health commissioner, attend all meetings of the board, record its pi'oceedings in suitable books, issue its orders, sign all notices and attest all copies of papers and jiroceedings, and to do and perform all such duties as may be required of him by the board of health and the health commissioner. He shall also keep a record of all acts and orders of the health commissioner, shall file all jietitions, docu- ments and pa]>ers belonging to the office of health commissioner and board of health, and shall keep a correct account in full of all receipts and ex- jienditures in said offices, and a strict account of all moneys and effects that may come into his possession, and he shall devote his time lo the duties of his office. ( M. C. sec. 4()!>.) See. 447. Powers of board in reference fo asylums for blind, deaf, etc. — The board of health of the City of Sr. Louis is here by authorized and emiK)wered fo do ail acts and jierform all functions which have heretofore been done and iierfortned by the county court of the county of St. Louis prior to the adojition of the scheme for the separation and reor- ganization of the government of the City and County of St. Louis, and the adjustment of their relations in reference to the admission of deaf and dumb jiersons to the Missouri Institution for the Education of the Deaf and iMimb. and the admission of lilind persons to the Missouri lHstitufiermit to reopen any well which was clo.'^ed jiursuant to ordinance thirteen thousand two hundred and seventy-two. on such tei-ms and <(uulitions and under such regulations and restrictions as they shall deem esjiedienf. such jierniit to be revocable at any time, and without notice, and on such revocation the well embraced in the same to be closed by and at the cost of the ])erson fo whom the permit is granted; provided, however, that nothing herein contained shall be con- strued as making obligaforv on the board of health to grant the above ]ier VUr II 1 OF IIKAI.TII COMMISSIONKH. CGT) iiii( ill ;iiiv ciiM', :iiiil Ilio iij;lii to rejecr and rpfnso ;ii)]ili(atiiiiis I'nr iicrmiis in an\ and all I'asi's is n'Sfrxfil id ilic limird cil" liisiliii. i M. (".. sec. ITJ.i S.'c H. C. S01-. 61 s. Onl. 13272 was repealed by ord. 13352. approved July 23. 18S5, and what l.s now see. GIS. enai'ted In lieu thereof, which Ls ii re-enmtment of the ordinance repealed by sec. 13272. See as to the authority of the rlty to abolish wells; Ki-rrenbach vs. Turner. 86 Mo. 416 (holding ord, 13272 viilhl). .MMMCI.K II. Ol' IIK.M.TH riP.MMlSSlONHU AND ASSISTANT. See. -150. Diitios iiiul |>«»vor.s of ('oitinii.ssionor. — Tlic lualtli <]iroval ot ilie lioai'd of health, not inconsistent with the chaiMci- or any city ordinance m law of the state, as will tend lo iireserve and ]proiiioli' ilic health of ihe city, and to a]i]ioini such eni|doyes. with the approval id' the hoard of healili. as iiiin he lu'cessary for the execution of his orders; to eiiier into or antlmr ize any employe or |)(dice ofticer to enter into and exMiiiiiie. in the day time, all liuildiii;;s, lots, and places of every descri](lioii within the city, and to ascertain and leiiort to him the condition thereof, so far as the public health may he alVected hy it; to declare and abate nuisances in such manner as m;iy he pro\ ided by the charter, or by the ordinances of the lily: Imi all such condemnation must tirsi be a|iprovi'd by the board of hiMlIh. whose aciion ihereon shall be tiiial : and shall provide for the rejiislnii ion of all birilis :inil deaths within the city; shall have chiirfie of mII city hospitals. i|n;ii;in tine, insane asylum. mori;ne and city disiieiisary. and with the advice :iiid counsel of the hoard of ImmIiIi make all the necessary rules lor the oovern- inent thereof, lie shall obey all orders not inconsistent with the chnrlei' and city ordinances emanating from the board of health, and shall annnally report lo ihe .Mayor the jieneral o|ierat ions of his ile|iartment diirinj,' the year then ended, with such su}i<;estions for the imiirovement of the same as he shall consider expedient. (JI. <"., sec. -iJH.) This .lection l.s largely a reiteration of the provisions In the Charter. Art. XII. .sei-. 3. which see. (See also Session Acts 1901. p. 207. sec S. Imposing on the Health C'omml.ssloner In St. Louis the duties elsewhere cast on the county clerk respcctlnR the practice of medicine and surgery: "Ijiws Specially Applicable to St. l-ouls." s.c 3»i; ) Scc.4.'il. Salar>iin«l 1)011(1. 'I'lic health rumniissinner shall receive a salary of three thuiisaiid dullais a year, payable monthly, and shall, he fore enierin;: iipnii the duties of his office. j;ive a };iioil and suflicieiit buiid in the sum i>f ten thousand dollars, conditioned as the bonds of ntlicr city iiflicers. and to I"- iipiiruN id b\ the MaMir. i.M. »'., sec ITl.i Sec. 45_'. < oiiiiiiissi«)iH'r(<) keep r(>(*«>r(i.s and ai-roiiiits. — The health commissioner shall kee]i a recortl of all his acts and orders, and shall tile all petitions, documents and jiapers IM-Ion^inj; to his oflice. and shall keep a correct account in full of all receipts .'ind exiienditures. and shall make rules and re-iulations fi>r the };i)Vernment of his subordinates. Ciipies i>f such lei iirds. ihiciiments. rules and re;;iilal ions, when authenti- cated by his clerk, shall be presumptive e\idence befnre any court of justice of tlii> facts therein contained; provided, such rules and re^julations are imt inconsistent with the charter or nrdinances of the city, i .M. (\. sec. iT.'i.i This Is the same provision as Charter, Art XII, sec. 9. am REVISED CODE OR GENERAL ORDINANCES [CHAP. 11. See. 453. Office of assistant liealth coinniissioner created. — There is hereby created the office of assistant health commissioner. (Ord. 20073, sec. 1.) Sec. 454. Appointment and tenure. — The assistant health commis- sioner shall be ajipointcd by the health commissioner, by and with the ap- jtroval of the board of health, and may be removed by the health commis- sioner at his pleasure, ilh.. sec. 2.) Sec. 45.5. Salary and bond. — The assistant health commissioner shall receive a salary of twenty-one hundred dollai's per annum, payable monthly, and shall, before entering ujion the duties of his office, jiive a good and suf- ttcicnl bond in the sum of five thousand dollai's. conditioned for the faithful performance of the duties of Iiis office, \\liicli bond shall l)e ajjproved by the mayor and council. (/&., sec. :i.) Sec. 456. Powers and dnties. — The assistant health commissioner shall act as the chief sanitary officer of the sanitary division. He shall have cliarj;(> of the sanitary division, and shall ]ierform all such duties as the health commissioner may direct. In case of the absence or sickness of the iiealth commissioner, or when directed by the health commissioner, he shall perform all the duties of the health commissioner, and shall have authority to exercise the same power and perform the same duties, as given and pre- sci-ibed by the cliarter and ordinance for the health commissioner, and said assistant health conunissioner, when ])erforming the duti(>s and exercising the jiowor« of the heallh commissioner, shall designate himself as "Acting liealth commissioner." ilh., sec. 4.) Sec. 457. Additional help — salaries — The health commissioner is hereby authori.'ed to ajipoint for tlie use of his office, one stenograjjlier, at a salary of seveKty-five dollars per month ; one assistant in the office of th(> mortuary records, at a salary of seventy-five dollars per month, and one assistant bookkeeper in the office of the health commissioner at seventy-five dollars per month. ( ( )rd. 2i;i2t». sec. 1.) A.s to compensation of employes in tlie Healtli Department in general see sec. 872. __^ , Sec. 458. Same — ho'w paiil — All persons mentioned in the preced- ing section shall be carried on il'c jiay-roll of the board of health and health commissioner, and shall be \y,ud out of the fund ajijirojiriated for the sala- ries of the board of health and health commissioner's office. (/&.. sec. 2.) Sec. 459. Same— appointments to be approved by board.— The appointments made by the liealth commissioner, in pursuance of the authority given in section 457. shall be a]i])roved by the board of health. [Ih.. sec". .S.) Sec. 460. ouis Training School for Nui-ses or ai>pointed under section 72S. shall be citizens of the T'nited States, and residents of the City of St. Louis for at least two years ju'ior to their aiipointmenl. (^I. f\. sec. 476,1 Sec. 461. Clerk for sanitary division— effect of appoint- nn'ni of— salary. -The heallb cdmiiiissinner of the City of St. Louis is heivbv aiilhorizeil to aiiiioint. with the approval of (lie board of health, a AKT III I Of CITY BACTKRIOLOGIST. 667 clt-rk I'lM- (lie saiiilJirv dixisinii ol Ilit- licjillli tlcjiailiiicnl. « Im slinll lie cii- lillfil cliiff saiiilai-v rliM-k. ;mil who sliiill In- piiid :i salnr.v of mir Immlicil dollars per moiitli ; tin- same lo ht' paid oiil oT llu" apjiroprial ions i\«r sala rios of saiiitarv ofticers, inspcclors and I'linii'ialors; jirovidcd. Iiowcvit. Iliat. tlit'ii' sliall lio IK) increase in liie nnndici- ol' tin- lone now cniploycd in llic sanitarv division ol" tin- health depaiiinenl. and tliat the person appointed nnder the provisions of this si-ction shall take the iiiace of the sanilaiT ol'lirer now s ol" ImmKIi th'pi""' '"«'"< '"i'.v 1m' r«'- 4|llil'0(i t<> work OM'rtillH' — wlU'Il.- W lieneNcr. (luiill.u Ihe p|-evalell<-e of conIa;;ions diseases in Ihe City of Si. I.onis. ihe lieallli coiiiniissioner nia\ deem it necessafy that honses and liiiildiiii;s shall lie disinfected on Sundays or holidays, or dnrin;; the iii,i;iii. or al oilier horns tlnrin^ which his re;;iilar employes or assistants are not rcMpiired hy charier or oi-dinance lo work, and in his ojiinion an emerjjency exists which makes it n<'cessary that such work (d' disinfection slioidd proceed on snch Sniuhrys. holidays or at nifiht. or dnrin*; lionrs when his refjniar employes are not recpiired or expected lo Work, as aftiresaid. then in such event said healih commissioner is anihori/.ed and emiiowered to einjdoy his re^nlar assistants and help to do the said work of disiiifection dnriiif; said Sundays, holidays, ni.uhls or extra time, and to (irovide for flieir paymeiil for all overtime al the same rate |ier month at which I hey are employed for rei;ular time, instead of employing aiiditional men iioi familiar wilh snch woik. i ( )rd. IHlMl.sec. l.l Sec. 4G3. Cert iJi(Mlf of extra work. \\ lien icriifyinj; n. sucii extra work on tlie pa.\ rolls it shall he ilic iluly of llie liealili commissioner to state that an emerfrency existed whiili made ii iiccessaiy ihal snch dis- infection he done oil Siimhiys. holi(hiys, at iii;;lil or iliirin^' re^nilar |irref;\i- lar| hours, and ihat the work was (hme on snch cxiia days or during such extra time. I lb., sec. ll. i Sec. It)!. l'a,\ nK'iitx <)!' t'xtra «ork. .Ml pavmeiiis foi' smli cxira work diirini; times of enierjiency shall lie jiaid out of the funds a|iprii|>ri ated for the payment of sanitary officers, insjiectors and fumi};atoi-s. and the auditoi- is aiithorized and directed to diaw his warrant a«;ainsf such fund foi- all of such extra services, i Ih.. sec. '.\.) .MJTICl.i; III. oi'" cnv u.\i' rKKiiM.'M'.isT.* Sec. 4(>.T. City l»a<*t<'riol«»j;is( <'n'al<'(I — (<'iuir«' — salary — rv- liHtval. — There is iieriKy er. ;it' d liieuniec of ejiy li.ieifrioliiejsi lo \»- appointed hy the mayor, subject to the approval of the hoard of health and contirnia tion by the Council. Said city bacteriolo^iist shall ludd his oftice for a term of four years; provi Rovlscd Codi-. t>ul sot out In appendix liprcto) provldfs for the ciitnlUlMlimcnt niid o>|iilp- mont of the "Snndnraxs Ijilioriilor.v of PntlioloK.v and BiKliTiiiletcy.'" ggy ItKN'I.SKD C(JI>I-: (iK liKXERAL Oni UN AN('i:s. [CHAP. 11. vcar. |ia.\ alilc in ciimil nmiiililv iii.^ialliiKMits at tlic end (iC caili niontli. He shall lie .siilijcci t(i n-iiKixal li\ I In- .Mayor, for cause, as otiier city ofticei's. (Old. L'fl(i4(l. sec. 1.) Sec. 46(j Ottic*' at city ]i()s|)ital — Avhoh' tini«» to (liitics — i-.\ and carry on liis work at rlie city hospital, and sliall also be path- olojiisi lo the city hospital and director of the hosj)ital medical and patho- h)fjiical lalioi-atoi-y, giviug liis full time to the performance of baeteriologieal and patholojiical woi-k. for Tiie City of St. Louis, and such work as may lie retjuired of him by the health commissioner umier the rules relatinjj to his de]iaitHicnt. to be ]ii-omulfiated by said health commissioner with the ad- vice and a]i]iro\al of the board of health. Said bacieriolouist shall have been a resident of the <'ity of St. Louis at least two years ne.xt preceding his ajiiioiiilment. {Ih.. sec. J. i -\s tn iliiti- s witli rff8. Cjiialification.s «>f as.sistaiits. — One of said assistants shall be trained in bacteriology both theoretically and }iractically. and shall ]>os- sess a general knowledge of pathology. The other assistant shall be traiiUMl in jiathology both theoretically and jiractically and shall possess a general knowledge of bacteriologx . i /6.. sec. L'. ) Sec. 4(>9. Salaries of same — removal. — Said assistants shall each receive a salary of one liundrei] and fifty dollars jier month, and they shall be subject to removal by the pro\al of the board of health foi- neglect of duty oi' misconduct, i Ih.. sec. :!. | Sec. 470. Termsorassistants. -The appointment of the assistants in the oftice of the city bactei-iologist shall expire with the expiration of tiie term of the city bacteriologist making the a]i]iointnient. tlh.. sec. 4.) Sec. 47L .Xssistants to nive whole time to duties— by what ruh's {jfoverm'd. — Said nssistants shall give tlieir full tinje in the pert'orm- auce of bacteriological and pathological work for the ("it\ of St. Ijouis. as may I)*- directed by the city bacteriologist, and shall m)t jierfoiin any work for any |iri\ate parlies during the oftice hours as |iresi-ribed l)y the chartei- and city ordinances, or in the building or rooms assigned to the city bac teriologisl. Said assistants shall be goveriKMl by the rules |iromulgated by the health commissicuier. by and with the a]i]pro\al of Mie board of health, regulating the oftice of city bacteriologist. (//;.. sec. ."i. i Sec. 472. Clerk and Jauitor. Thi' health commissioner is hereby authori/.eil lo a|i|ioint. by and with the apjuoNal of the board of health, a clerk and a janitor in the oftice of the city bai-teriolooisi. i ( )rd. L'ltHiit. sec. 1 . I ,Sec. 47'?. ('om|»eiisati\ the I'ity liacd'riolojiisi I'of uffjlcct ol ilni\ or violation ol the riih-s. ami when tlif fil.v hnrtcriolofiist shall siis|icn(l ciilifr of said parties he shall ii'|iort at Diiee the I'aets in the ease lo the health ((nMinissioner. who may lake siieh aitioii as he nia\ deem pri>iier. i ///.. sec. ;'.. i Sec. 47."!. Salai'itvs — liou i»aioralor.v assistants. . .-Mti-ntlon Is dlrei-ted to the ordinance by the above hendlnf; In brackets; as It Is not a part of tlie Itevlsed Code us enacted. It Is set out In this note: An ordinano- autliorizInK Hie appointment of two lalioratory assistants In tlie office of the CIt.v BacterlolOKlst. Be it ordain.d by the Mtinieipal Ass.nildy of the City of St. I.oiils. as follows: Seetlon One. The Health t'ominlssioner is liereby authorized to aiipojnt by and with the approval of the Board of Health, two laboratory assistants in tlie office of the City Hacterlologlst. Section Two. The eomp«*nsation of tlu-se laborat4>i".\' assistants sluill be at the rate of l-^ifty 1 dollars p<'r month, their tluties shall Ik- preserilied b\' tlie City OacterioloKlst. Section Tliree. Thesp laboratory a.sslstants ma.v be suspended by tlie CIt.v Bacteriologist for neglect of duty or violation of the rules, and when the City Bacteriologist shall suspend either of said parties lie sliall re|>ort at once tlie facts to the Health Conunissloner. who niay take such action as he may deem proper. Section Four. The salaries of the persons provided for in this ordinance are to be paid t»ut of the funils appropriated for "Salaries in tlo* oftU-e of the City BacterlolOKlst." Approved I-'ebrnurv IS. 1907. .VKTIt i.i; |\ . ( •!■ TIIIO CITY CIMOMIST Sec. 476. .\p|Htint inciit of aiul trrin There is herchy cri'ated tlie office of city cliemi.vi. who shall l.e appoinicd hy the Mayor, with the ap- proval of the board of health, and snlijeci to conlirmalion by Ihe council, and shall pei-rorin his duties under the super\ ision and control of the lioaril i>f lieallli. Ih> sliiill hold office for the leriii of four years, and until his successor is dulv appoiiitetl and <|iialified. i .M. ('.. see. 47S. i The charier pn visions plarInK the appointive power In the Mayor, subject to approval l.y Hn roun<'ll. will not render vidd the ordinance because It ri>"|ulre» In addition that the appointment be with the approval of the board of health. If the latter provl»U>n Is contrary to the Charter It Is to that extent only void, but does not for that reoson disqualify the person appointed: St. Ijonis vs. LlesslnK. I!>l> Mo. ICfi. 490. (;70 KEVI.SED COIJK Oi; GENP:RAL ordinances. (CHAP. 11. Sec. 477. Salary an«l lunid. — The salary of the ciiv clu'iiiisst ishall he al ilic latc of i\veiit.v-ti\(' Imiidii'd (loilais per aiiiiinn, pa\alile in equal MKiiillily iiistalliiH'iits. lie sliall rescribeil by the board of heallh for the •government of his ofllce. He shall kee]( a reiord of every analysis or test that may be made in his office. He sliall make a weekly re])ort to the board of health of the trausaclions of his office, with such inl'ormation as the board of health nuiy re(|uire. He shall <'ontrol, direct, rej;uiate. sn]iervise and manage tli(» ojjeration of the oftiee of the city cheuiist. and for that jnirpose is authorized to make sucli rules and regulations, with the approval of the board of health, not inconsistent with the charter or an\ city ordinamc or law of the state as may be neees- sat\ for the execution of his order or jiroper administration of Ihe office. I .M. ('.. sec. 4S1.) Til.- ilutii's of niHli ami iic iiiii insrii-ition arf iinposod upon tin- city chemist Ijy sees, isi and folUfwing'. See 4S0 Sundry assistants to chemist— ai)i>ointnients— quali- fications — salaries duties — renM)val. — Tlieie is hereby created the ofiiec of assistaut city chemist, who shall be ai)pointed by the city chemist, with the ap])i'ova.l of the l>oard of health. His sahiry shall be at the rate of fifteen hnndrcd d(dlars per annum, payable in ('(jnal numthly installments. He shall be under the diivctions of and assist the city chemist, and be subject to the rules and regulatious adopted for Ihe government of the city chemist's office. The assistaut city cheiuist shall be a i>erson skilli'd in Ihe science of analytical chemistry, and be a jiraclical chemist. In the absence of the city chemist the assistani city chemist shall have charge of the office. The city chemist, with Ihe ajiiiroval of the boaiil of health, may also a])]ioint assistant clerk, whose salary shall be al the rate of seventy-live dollars ]ier iiuinth ; one laboratm-y cleaner, whose salary shall be at Ihi' rale of tifty-tive dollars jier month: one col lector of water samples, who.se salary shall lie at the rate of fifty dollars iier iminth. .\ll these ajiiioinlees shall be subject to the rules and regulations adopted for the government of the city chemist's office. All aiiiiin'ntees un- dei- Ibis ordinance may be removed by the city chemist at his |)leasure with the approval of the board of health. ( Ord, 1*1S2!). amendment,) .Xilditiiinal assistants fi)are and submit to the board of health for their adop- tion and a))]iro\al rules and regulations for the government of his office; such rules may be amemled by said board of health from time to time, when- ever, in the opinion of Ihe board of health, the same is necessary, ( M. C. see. 4S:{.) AKT V.l OK INSPKCTION Ol" MILK. 671 See. 482. ClitMiiist mimI assistaiU suh.jrcl to removal,— TIh' cilv cliciiiisl :iii(l jissisiaiil i-il.\ clicmisl shall he siiiijccl lo all llii- laws aiipli«'s.— The , page 1.13) providing for a State I>alry Commissioner, prescribing certain duties as to Inspection of milk, etc.. and certain standards, etc. Whether, and If so to what extent, this State law operates to supersede the city ordinances has not been decidi'd liv ili.' aiipi'llati- courts, but cases are now pending Involving these questions Sec. 484. InsptM-tion ant! <'ontrol in cluirjjo of city «'lH'niist. — Th(> ilis|iect ion :llid cidhioI ol ihe i|ii:ilily ol milk and ('Ve:iiii |ii ndnci'd. sold or ofl'ered for sale ill Ihe ("ily of St. Louis is liercliy placed in charfie ol' ihe lity dioiiiist. (Old. 1.MIS(I8, .sec. 1.) But see acts 1905, p. 133 (passed after the above ordinance 20S0S) creating the office of State Ualrj- Commissioner and conferring In large measure duties on him respecting milk anil cream inspection which perhaps, to some extent at least, conlllet with the ordinances. .S.e 4S.T. I>nti<'x of Inspection on <'lty «*Iu'niist anil l>a<"t<'ri- «»lo;jist — ruh's The cily ihnnisl and his assislanis shall |MTliiriii ihe ilniies ri><|iiired in Ihe ins|ieclioii. leslino or analysis i>( milk or cream: jiro- \ided, liowever. that in suitable cases he can call ii|ioii the city bacteritilo- ^ist for .s|H>ciiil tests or assistance. The city chemist sliall rormiilale such rules as he may deem necessary for the };i)verniiieiit of iiis assistants or others employed in the iuspcclioii and analysis of milk ami cream, i Ih.. .sec. :.'. i Sei'. 48(). .Vssistanls — <|iialifical ions lioiid r c mo \ a I . — Tlie city cliiMiiist. wiih the :ippro\al of Ihe board ol' healih. iiia,\ apjioinl tivo (i7_> Fj:\isi:r) codk oh general ohdixances. k'map. ii. ;iil(lil iiilial eiiijil(p\cs ill llic (illifc iiT llic cilv clieiiiisl. iioiii' iiT wIkhu shall lio (lirccrly or indircctlx- fiiiaiiciallv interested in tlie niiilc or daii-.v liusiness. Two of said appointees, to be known as assistant chemists, sliall lie persons sile men o( jiood business character and coni])etent to perform the dnties of their office. The fifth ajijiointee shall be known as clerk of the oftice of the city chemist, shall be fully competent to keeji accounts and per- form any clerical work that may be assi.) St'i'. 489. Aecess to all neeessary places and articles^riylit to take samples — violation of article nuule niisdenieauor— du- plicate samples — hajlges for inspectors. — The city chemist, assi-^^tant chemists and milk inspectors shall have the right, and it shall be their duly to enter and have full access, ingress and egress to all jilaces where milk or cream is stored or ke]>t for sale; to all wagons, carriages or other vehicles, railroad cars or conveyances of any kind, used for conveyance, traiisixu-ta tion or delivery of milk; to any warehouse, factory, place of business, build- ing, farm, stable, railroad dejiot erections, establishments or ]ilaces of any kind: to all vessels, cans, jiackages, refrigerators, or rece])taeles of milk or cream, for the jinrpose of inspecting their condition or to take samjiles of milk lu- cream therefrom, not exceeding one i)int, for the jmrpose of testing or analyzing the same. Such sam]des with marks for idcutitication shall be sealeil .nid placed on ice and ke]it at a temjieratuie at or below tifly degrees Falirenlieir until o]iened for analysis and its (|ualily linall\ delcriiiined. Whenever the sample or saiii|)les so found and taken shall not corresiioud with. r)r shall be in violation of this article, the person or |iersoiis. tirm or corporation in whose )iossessioii. care, custody or control of such milk or cream may lie round, sli.ill be deemed guilty of a iiiisdeiiieaiHU-. and 11(1011 conviction, tilled not less than I wcuty-tive dollars nor more than one liuii died dollars for each and every oll'eiise. The jierson. Hi-iu (U- corporal i(Ui from whom a saiiijile of milk or ci-eam shall be lakcu, shall on demand therefor, then and there made, have a right lo have a diiplii-alc of said sani|)le .sealed wilh ihe seal of the olticer. on leiideiing him a suitable re- ce|it;tcle iherernr. The milk iiis|icclois shall each when on duty wear a iiielal badge, (h'- signed by the city ihemisl. which sh.ill be sujijdied by and be the |iroperty of Ihe city, and be reliirned at the eN]iiration of their leriii of office. {Ih.. sec. Ii. I Laws j)oriiiitting' tal0 Mo. ^ST-1!v t»'s(«Ml— violations of rnuMit.s pr<»s«'«'utr>( (t'sts piiblir, — All saiiii>l>s of milk ur inaiii lakcli ur lili)ii;;lil lu liii' olliii' nl llir i ilv rhflllisl l(\ lllf IMTSOIIS clllltliiVfil llicrciii shall Ik- aual.vzcil ur otiifrwisc sal isl"acli>ril\ Icsti'd: and \vliiTc\fr or wlu'iii'vcr said milt or cream so It-stod oi- analyzed shall lie loiind viola tive of any of the provisions of this artirle. I he necessary steps shall he taken for ]irosecnfion for a violation thereof. An accurate record of the resnlls of all tests or analysis shall he kept and shall he accessilile as a matter nt pulilir inf(^-mat ion. i /'».. sec T.i Sec. 4!>1. .Viiy citi/.*'!! ma> .siibmil saiiiph's for analysis — Tlif city chemist shall e.xaiiiiiic-, icsi or aiialw.e. as Mia\ lie dcrnicil necessary, any sample of milk or cream that may he suhmilled lot- e.xaininalion hy any citizen, when the same has Ihmmi hoiifiht for his own or family consump lion. ( //>., sec. S. i Sec. 4!)2 Ki'ct'ptaclt's, i't<-., r«»r inilU orcroani to he kopl rlvan —violation niisdiMucanor— (K'nalty . — All receptacles used in the hanliiii; or handling of milk or cream, as well as all packa};es, refrijierators or compartments of stores or other places where milk or cream is kept, stored or handled shall he kept in a scrupulously neat and clean condition, ami containers shall not lie kejit in the presence or vicinity of any article of any kind likely lo contaminate or injuriously atfecl the sweetness, (|ualil\ or i-ondition of the milk or cream. Any person found violating this section shall he deemed };uilly of a misdemeanor, and ti]ion <-onvicti<)n thereof shall he punished liy a line not less than twenty-li\-e dollars nor more than one liniidrcd dollars for each and every olfeiise. \/li.. sec. !l. | Sec. vx\. >lill< Nondors' lieonsrs miniiMMl- rcyist i"at ion Om's — retail \vliol«'saIt'^anor for ^ iolat ion— p«>nalty. — lOvery person, tirm or corporation who shall sell or oiler lor sale, cxjiose for sale, lying same, conditions of the cows and premises, and precautions taken to produce pure milk. Ninth, All other information as may be required. If after the issu- ance and delivery of the license and certificate of registration any changes AHT v.] OF INSPECTION OF MII.K. 675 lie iiiiule in llic firm, ot'tiioi-s. iii;inn<;ers, sniicriiileiulonts, location, rosidonfe, wa^'oii.s, cari-iaf^fs oi- oliicp vi'liii'lcs, writti-n notice tlu'foot' niu.st fortiiwith 111' jjivtMi to the citv ^•iH•nli^^t lor insci-tioii and coiTcclion in tiic I'ccords of the derailment. Tlie clerl< of the city cliemi.sl .>iliail keei> a lull and com- plete record ol' all I'ejiistrations of milk vendors. Any (KMson violatinji any of the ]iro\isions of this section shall be deemed jiuilly of a misdemeanor, and npon convict ioTi thereof shall he lin(!d not less than twenty live doliai-s nor more than one innuhcd dollars for e,-icli and evei'v olVense. 'reiilli. -Vjii'ee to furnish saiii|>lcs when rei|neslc(l li\ the cil_\ chemist, any assislani cily chemist or milU insiieclor. (//).. si'c. 11.1 Sir. 4;i.'i. 1I<»\\ \<'Iiirh' <>r \ I'luUn", viv., to be (l<'si<;ii;j<- latioii — niis«lt'iiU'aiior — ]>(>iiiilt,> . — NO milk oi- ci-cam shall he sold, offered for sale, exposed for sale. exchanj;ed. delivered, transported, conveyed or carried on any wajion, carriage or other vehicle, unless tiiei-e shall be ]iainted thereon, on both sides thereof, in a consjiicuous ]ilaee and in legible Koman letters not less than four inches in height and three inches in breadth, the name of the milk \endor. and thi' number and street of the place of busi- ness, ol' location of the dairy or cow stable. .\ny \iolalion of the jtroxisions of this section shall he deemed a misdemeanor, and upon conviction thereof ih(> olfender shall be punished by a fine of not less than twenty-five dollara nor more than one hundred dollars for each and every oH'ense. (//>., se(;. 12.) Sec. 496. Form of license. — All licenses jiaid under the ])rovisions of this article shall be issued in lihink forms to t lie collector by the r<'gistei- under the seal of the citv and shall he in llie I'diiii ineserilied li\ law. i //>.. .sec. 18.) See. 4!>7. SaU- or rojM'i'l> cooUmI, or wIhmi ('(MitamiiiatfMl, vtv. — mis(l«Mn«'aiior — pt'iialty Whoever, by liitnself or by his ser\;iiil, or agent, employe or milk wagon driver, or any other person, firm or corpora- tion, sells, offers for sale, exchanges, delivers (u- transports or carries for the jiurpose of sale, exchange or delivery, or has in his cvistoily, possession, care or control, with intent to sell, oiler for sale, exchange, or deliver, or ex- ]M)ses or oll'ei's for sale, exchange. trans|)ortation or delivery, to or in the <"ity of St. Louis, any milk or cream, whether from a single cow or the mixed product of a herd, which is unclean, diluted, impure, unhealthy-, diseased, unwholesome, adulterated, decomposed, or sour, or not of good (piality, pro- vided for in this article, or milk or cream to which \\ater. skimmed milk or any foreign substance has l)een added, or milk or ire.im produced from sick or diseased cows, or milk or cream from cows kejit in an unclean, filthy or uidiealthy condition, or milk or cream from cows fed on any other than clean, good and wholesome food, or milk or cream that has been exjiosed to, or contaminated or atl'ected by the eiminations. discharges in- exhalations from any human being or animals sick with any contagious infecfioiis dis- ea.se, or which has not been |iromptly cooled after milking to at least forty- tive degrees Fahrenheit and maintain(>d \intil delivered to consumers at or below fifty degi-»^'s Fahreidieit. shall be guilty of a misdemeamir ;ind on convii'tion thereof be |innished by a fine of not less than twenty-live dollars nor more than one hundi-ed dollars for each and every ofTense. {Ih.. sec. II. I See. 408. Sale or custody of pro- foreijfn matter, coloring-, preservative, etc., misdemeanor — penalty. — Any person, firm or corporation, who sliall sell, expose for sale, ex- change. deliver, dispose of or transport, convey, or carry .or with any such intent as aforesaid have in his or her care, custody, control or possession, any milk or cream having therein, or containing any foreign substances of any kind whatever, or coloring matter, or any adulteration or jn-eservative. whether for the purpose of artificially increasing the quality of the milk or cream. or for preserving the condition or sweetness thereof, or for any purpose whatever, shall l)e deemed guilty of a misdemeanor, and on conviction there- of shall be fined not less than twenty-five dollars nor more than one hundred dollars for each and everv offense. I ll>.. sec. IT. i The validity of this section was upheld in St. Lunis vs. Schuler. 190 Mo. 5H (milk containing preservative — Formaldehyde); St. Louis vs. Polinsky, 190 Mo. filfi (containing adulterant — anattoi. Se(\ 501. Sale of milk prohibited unless on analysis it shows certain inf're t* a«lanor — penalty. — NO ri-i'am shall lie sold. (itVci-cil fm- sale, exchanged. (leli\ci-ed. or he traiis|ioiMed for the |iiir|iose of sale, otlVr iiif; for sale, e-vchantie or delivery, that coiiiains less than Iwelve per cenluni of hntter fat. or that is taken from any impure, diseased, unhealthy, un- clean, adulterated, or unwholesome milk, or milk to which any foreij;ii or other snhstanee of any kind has lieen added. Any person \iolatinii any of the provisions of this secliiilt<^r fat). See preceding note. See. .')03. Kojiulatioiis as to c(>n(l«'nsr<'sorvelation niisth'- inranor — itt'nalt>. .Nnihinj; in this nrdiiiaiice shall he so constiiii'd as to prohihit the use or .sale of what is known as Imt ter milk, provided the name is produced from pure and wholesome milk. No hutleriiiilk. however, shall 1k> s(dd, kejit. olTered for .sale, e.xcliaiifred. or transported, conveyed or carried, cu' he in the care, custody, control or |>ossessioii of any one, with the intent as aforesaid, which is not the product of pure and wholesome milk, and has heen kept at the temperature provided for in this article for sweet milk. .\ny person violaliii}; any of the provisions of this section shall Im- dei-med •ruilfy of a misdemeanor, and on conviction thereof he lined not less than twenty-live dollars nor more than one hundred dollars for e.-ich and every offen.se. i ///.. sec. 21.) 678 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 11. Sec. 505. Regulations as to skimmed milk — violation misde- meanor — penalty. — The following regulations shall govern the sale of milk known as skimmed milk: First. All milk which contains not less than ten and five-tenths per cent of total solids and one and five-tenths per cent butter fat, which is of a specific gravity betweeu one thousand and thirty-two and one thousand and thirty-eight, which is free from foreign additions of any kind, and any evidence of decomposition, which is stored, transported and delivered to purchasers at the temperature provided in this article for sweet milk, shall be known as skimmed milk, and may be lawfully sold as such under the fol- lowing regulations: (a) All vessels, cans or j)ackages from or in which milk is delivered or sold shall be distinctly marked in a conspicuous place above the center on the outside of each container, with the words "skimmed milk" in uncon- densed Gothic letters not less than one inch in height. (b) All wagons or vehicles from or in which skimmed milk is sold or delivered shall be jjlainly marked on both sides of each vehicle by a sign in letters not less than three inches in length with the words "skimmed milk." (c) Each store, depot or other jdace where skimmed milk is sold shall have displayed in i)lain view of any one enteriug the premises, a sign, the lettei's of which are not less than two inches in height, reading ''skimmed milk." (d) All persons selling or delivering skimmed milk shall jihice ujion each vessel or container into which such milk is measured, transferred or delivered, a label or "sticker" one inch by two inches iu size upon which is printed in heavy faced Gothic letters the words "skinnned milk" with such other matters as the city chemist may prescribe to ])ievent its use instead of whole milk for infant feeding. (e) Manufacturers who nmke affidavit iu the form to be prescribed by the city chemist that the skimmed milk they handle will not be sold at retail as milk, but is solely used for manufacturing purposes, shall be ex- empt from the foregoing jjrovisions. (f) Any person who shall exchange, or ha\e siuh in his ])()Ssession with intent to sell, exchange or deliver skimmed milk, in any manner other than as above j)rescribed, shall be subject to the same penalties as ai'e ])ro- vided for tiie sale of whole milk in (pmlity contrary to this article. Any person or persons, firm or corporation, violating any of the i>rovi- sions of this section, or who fail to comply with any of the regulations as provided for in this section, shall be deemed guilty of a misdemeanor, and ujion ((uiviction shall be fined not less than twenty-five dollars nor more than one hmidred dollars for each and every otfense. ( Ih., sec. 22.1 Sec. ")06 Sale, earryinff, disposal, etc., of milk and eream prohibited within certain time of parturition— not to be mixed with other milk or cream— penalty. — No milk or cream shall be sold, kept, oft'ei-ed or ex])osed for sale, stored, transjiorted, exchanged, car- ried, delivered or any manner disposed of, drawn from cows williiii fifteen days bcf'oi-e or twelve days after jiarturition, nor shall the same be mixed with any other milk or cream for such pur])0ses. Any one so otfcnding shall be guilty of a misdemeanor and on convic- tion thereor shall be fined not less than twenty-five dollars nor nu)re than one limidrcd dollars I'or each and everv olfensc. [/Ii.. sec. 23.) Altr. v.] OK INSPECTION OK MILK. 079 Sec. 507. Denials t<>nal(,v. — It'aiiy pi isou or [icrsons ifliisi' lo ri>in|ilv willi, or \\iliriill\ tdiiiiixc ai. or assist in a vio- laliuii of aii.v of tilt' |ii'((visiuns of tiiis article, or wliocvcr in any inamicr intcrrt'i'cs, iiindcrs, ohsiriicts, delays, resists, denies, prevents or in any way interferes or attempts to interfere with the eity iheinist, assistant eity elieinist or milk inspectors, or police officer iu the [lerformance of any duty herein enjoined, or shall refuse to permit such ofticials or others to jier- foriu their duty by refiisiiif;- them or either of them (Mitrance to any prem- ises where milk or cream is stored or k(>pt, or where cows are slahlcd or kept, or refuses to permit any animal to lii' viewed or ins|iecled or any milk or I'l'eam to 1m> viewed, inspected, tested or analyzed, or samples to he taken for such jiurposes, or conceal any milk or cream, or any milk wagon driver, milk peddler, or milk vendor wlio, with his wajion, carriajje or vehicle con- tainiiifi milk or cream, or any person deliverino; milk or cream hy hainl. runs or drives away, or attemjits (o run or drive away, or conceals or attemiils to conceal any milk or cream in his possession, custody, cai'e or control, from any of the officers aforesaid on heinji aiijiroached, or hailed or addres.sed \>\ any of such oflicers in the performanci' of their duties, shall be deciiicd fiuilty of a misdemeanor and lined not less than twenty-five dollars ikm- more than one liuiidred dollars for each and every otfense. (lb., sec. 24.) Sec. 'iOS. Ofticer or employe «'«>iinivinf; — line— forfeiture of oflice. — Any officer or empU)ye of the city chemist who willfully connives at or assists in a violation of the provisions of this article shall, on convic- tion thereof, be i>unished not only by a fine not less than one hundred dol lars, but also liy a forfeiture of his office upou such conviction, as provided by law aiii! liiis article, ill)., sec. 25.) Sec. 7)09. Confiscation of l»aws to be reported — sick horses also — viola- tion niisilenieanor— penalty — .Viiy i>ersoii, tirm or cori)oralioii having in possession a sick or diseased unished by a line of not less than twenty live dollars nor more than one hundred dollars. < fh.. sec. 27.1 Sec. .')ll. .'Maniilact iii'«-r of milk adulterations, colorin^^'s, pri'- si'rvatives, <»t<'., v:nilt> of misdemeanor— penalty. — Any person who shall manufacture mpoiiiid. use, sell orollVr to sell miy milk or cream adulter- ations or preservative or nny compound, coloring imitter, or substance whatever for the purpose of artifieinlly preserving the sweetness or increasing tiie quality ggO RKVISKD CODE OR OKNKKAL < )HI HXAXCES. [CHAP. 11. of milk or cream, or for auy otlun- [nn-jxisc in couuectiou with milli or cream, sliall be deemed guilty of a misdemeauor and on conviction shall be punished bv a fine of not less than tifty dollars nor more than one hnndicd dollars for each and every offense, ill)., sec. 28.) Sec. ol2. Inspection of places where coavs are kept — if re- qnirenients not complied vvitli to notify owner — until objections abated milk not to be sold, et<* removal of diseased animals — violation misdemeanor — penalty. — The city chemist shall, as often as deemed necessary, and at least once a month, in person, inspect, view, or ex- amine, or detail and direct the assistant city chemist or milk inspectors to inspect, view and ex;imine all stables, houses, barns, buildings, erections or establishments, or places of any kind, and lots and pastures where cows are kept or fed, whose milk or cream therefrom is sold, used, delivered or disj)Osed of in the city, as also the food such cows are fed, and the health and condition of such cows, and make notes and a record thereof in the books of the deitartment. If any such cows are not fed upon good and wholesome food, or are fed upon food l)y this article prohibited, or are k(»pt in an unclean, unhealthy or bad condition, or such stables are not properly ventilated, cleaned and whitewashed when needed, or are not placed in proper sanitary condition and kept so, then the officer or officers shall so notify, verbally or in writing, the owner or keeper of such cows, or stables, or other premises, and if any such owner, keeper or person shall not at once cease to milk any cow in an unhealthy or bad condition, or shall refuse, neglect or delay to at once jtroceed to ventihue or clean such stables, or whitewash them when needed, or jdace tliem in jirojier saiiiiarv condition, the milk, cream or products from such cows shall not be sold, offered for sale, expo.sed for sale, or in any manner be disposed of until cvciy such oh jection thereto is abated and removed and ke])t so, and every urd(M- or direc- tion so made be faithfully and fully coni]>lied with. If any disea.sed cow. horse or other animal shall rherein or thereat be found it shall be ordered promptly removed therefrom to a place of safety out of and beyond the reach or range of contagion or inl'eciion. F'or any violatiitn of the ju'ovisions of this section the offender shall be deemed guilty of a misdemeanor and on conviction thereof be ffned not less than twenty-five dollars nor more than one hundred dollars for each and e>'ery offense. {Ih.. sec. 29.) See section.s R. C. .^21 to 523. See also next article relating to regulation.s of dairies and cow stables which in large measure impose on the Sanitary division of the Health Department tlie same duties above imposed on the City Cliemist's office. ARTICLE VI. OF RKGUL.^TION OF D.AIRIE.S .A..X1> COV^" STABLE.S.' •For dairy at poor house see R. C. sees. 782-793. Sec. 513. Provisions herein controllins'. — All dairies, cow stables and cow lots, in the City of St. Louis shall conform to and be managed and regulated as shall be provided for by this article, i M. C, sec. 538.) See also section 512 preceding. Ordinances regulating cows, dairies, cow sta- bles and sales of milk are valid as an exercise of the police power. See cases cited in preceding article on milk inspection, etc.: also Fischer vs. St. Louis, 194 U. S. 361. 1. c. 370. affirming St. Louis vs. Fischer. 167 Mo. 651. But a dairy is not a nuisance per se: see McDonough vs. Rohhens. 60 Mo. App. 156; State vs. Boll. 59 Mo. 321; see as to when it is pronounced a nuisance: sec. 521. ART. VI. I OK RlCGl'I-ATIo.N i>|- |iAli:li;s AND COW STAHI.IOS. (jgl Sei'. .")ll. Sanitary otlic«>rs (o iiisiM>ct. — It shall lie ilu- dmy of tlic saiiiiarv uriiccis of ilic lirallli (lt'|iarl iiiiMit lo iiispccl all slaliles, liariis, liiiildiiifis. sheds and all plates of any kind. In(lndln;i- lots and jiasliircs wlii'ic cows are kt'|il or fed, whose inilU or ci-eani is sold, used, delixercd or dis|)osed of in (he V\t\ of St, l.onis, i.M. (",, sec. ."):!!». | Sec, .")l-">. Cow stabU's and !«)< (<» !»«' k«'|»( clj'aii — cooling milk. -All cow slahlcs shall he washed oiil and I horoiij^hly cleaned al least once a day, ami all cow lots or cow yarils shall he cleaned once a week. No li(|uid disciiarj;e li-oin any cow slahle of dairy of cow lot shall lie conducted or placed on any pulilic or jifixate proiierty of into an\ streani or water coni-se within the limits of the city. All dairies and milk depots shall have snitahle Cacilities Cor tiie keejiiiif; and cooliiifi of milk, .\ll persoihs. lirnis or corporations who own or keep a dairy or cow lot shall maintain the |(remises (vvv (vuwi any accinnnlation of maimre or rel'iise whateNcr. lOverv person, tirm or coriiorat ion violating the pro\ isiotis ol' this section shall ln« deemed };iiilt.\' of a misdemeanor, and upon conviction shall lie lined not less tlian twenty-live dollars nor more than one hniKlred dollars for each and every otl'ens(>, I .M. ( ',. sec, "14(1.1 See. .'ilti. Dairy and <•«)« slal>l«'s to <-oniu'('t with sewers — »'a<«'h basin.- No daif\ or cow stahle shall lie herearter elected of estab- lished unless it will have coiinectioti with the city sewer system, if snch Ite |iraclicalile. No dairy shall lie allowed lo discliarfie into any public district or private sewer any manure or any substance that may cause said sewer to choke up, and no dairy shall have connection with any ])ul)lic district or jirivate sewer excejit tiiroujrh two intervenin<;- catch liasins of siuli kind so as to prevent any straw, hay or niamire rroni eiiteriiif; the sewer, .\ny jier- son interlerini; with said catch basins or failinj; to construct said catch liasins Of \iolatiiij; any of the iirovisions of this section shall be d(>emed nuiliy of a misdenieanor. and u|>on conviction shall be lined not less than twenty-five nor more than one linudreil dollars. ( ,M. (",. sec. ."41.) See. .M7. Pt'rniission to «mmuIii4-( }>;ran<»Ml by oi'dinanci'. — No dairy or cow stable shall hereafter be erected, built or established within the limits of this city without tirst havin<; obtained jiermission so lo do from the ninni<'ipal assembly by jiroper ordinance, and no dairy or cow st;i- bl(> not in o]ieration at the time of the aiijiroval of ordinance number lS4(t7 shall be maintained on any premises unless |iermission so to do shall have Immmi obtained from the munici|ial assembly by |ifopef ordinance. .\ny per- son vidlatin;; any of the provisions of ihis section shall be deemed i,'iiilty of a misdemeanor, and u|ion coii\iction shall be tiiiecl not less than one hun- dri'd nor more lliaii live hundred dollai-s. i.M. ('.. sec. .")4l.'. i Tho ordlnanco was approved April 6. 1906. Tills Is a valid cxiTclse uilt or established, except the entrance from or exit to, with street or alley, or easement or passageway, shall be at least three feet away from the building line. Any persons violating any of the provisions of this .section shall be deemed guilty of a misdemeanor, and ujxtn conviction thereof be fined not less than fifty dollars nor more than one hundred dollars for each and every day the work is done thereon, or said cow stable used as such, each day of which shall constitute a separate and distinct ott'ense. (M. C, sec. .344.) There seems to be an error in the enrollment in tlie provision for entrant-t- or exit, -which is not clear. For dairy established at Poor House, see ord. 20D5:!. Sec. 520. Same — alterations, etc. — In the construction, alteration and improvement of all cow staliles, arrangements for proper ventilation, light and drainage shall be made, and all alterati(ms and improvements in cow stables now constructed shall be made to conform with the ])ro- visions in relation to new stables, as jn'ovided in the next ju-eceding section. (M. r., .sec, .'45.) Sec. 521. When nuisance. — All dairies or cow stables, now erected or established, when fuiiiid to be so badlv lighted or ventilated as to be AUT. VI 1 OK Ri:i;i-I.ATION OV DAIRIES AND COW STABLES. 683 injurions or imliealtliy for cows, or not provided with legal catch basins or tifilitly (■(•iiiciiied cesspools, so that waste matter can be carried or hauled away, oi- sliall be conducted in an uncleanly manner, shall be deemed a nuisance. ( .M. C, sec. .">4ti. ) See (IS to dairle.s ami cow stables being nuisances note to sec. 613. Sec. 522. Notice to show cause— hearing. — It shall be the duly of the board of healili when any report shall be made of the bad or im- lirojier cons! ruction of any dairy or cow stable, or of any nuisance created iiy any dairy, cow stable or cow lot. to notify the owner or proprietor tliei'cof to show cause before the said board of health, at the time and ])Iace siiecitied in said iiotii-e, why said dairy oi' cow stable should not be altered or chan<;ed, or such defects remedied or nuisance removed, which notice for the party complained against to appear shall be served at least five days before tiie date specified in such notice; said notice shall be served by Iea\ing the same at the place of business or residence of the parties to be atfected thereby by some olficer or person duly (pialilied to certify to such notice; and all notices of this kiiul issued by the board of health shall be .signed by the iiresiding olficer of the board of health or the health com- missioner. At the time tixed in said notice the i)arties may appear in per- son or by attorney, or cause may be shown by atfidavit, and if, in the opin- imi of the boaid ol health and health commissioner, no good and sufficient vause be shown why the said nuisance should not be abated, disc(uitinued or removed, or said cow stables reconstructed, the health commissioner shall order the said parties to abate, discontinue, remove, or recoiistrui't the same within sui-h time as the health commissioner may deem reason- able and necessary. If, upon the hearing of the affidavits and the evidenct; adduced in the case, the board shall find the facts to be in favor of the par- ties l)efore them, and so de<'ide, the case shall be dismissed. (M. C, sec. r>47. ( See. r)J:i. Penalty on failure t«) obey order. — Any person of persons failing or rel'using to obey such order of said health commissioner shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall l)e fined not less than fifty nor more than five hundred dollars; and such person or i>ersons shall be subject to like fines for each and every day he, she or they shall continue such nuisance or fail to obey the order of the health commissioner after the expiration of the time specified in the order of the health commissicuier for the abatement, removal or discontinuance of the same. The lines mentioned in this article shall be collected as other fines and paid into the city treasury. (M. C, sec. 548.) « Sec. 524. Veterinary surj^eons — appointment — salary. — The health coinmissioner. by and with the apjiroval of the board of health, shall appoint two ]iractical veterinary surgeons as ins])ectors of live stock, who sliall |)erl'orm their duties under the immediate supervision of the chi(>r sanitary olficer. Said veterinary surgeons shall each receive a salary of one hundred and .seventy-five dollai"s per month, and shall each provide himself with a horse and buggy and maintain same at his own expense for the ex- peditious performance of his duties. Said veterinary surgeons may be dis- charged by the health commissioner, with the ajiproval of the board of health, for violation of rules or negle<'t of duly. ( .M. ('., sec. o49.) Sec. 525. Hond. — The veterinary surgeons ap|)oinled under the pro- visions of this article shall each give a good and sulfiiient bond to the city in the penal sum of five thousand dollars, said bond to be approved by the 684 REVISED COPE iJH GEXICKAL ORDINANCES. [CHAP. II iiia.\(ir and ((Hiiicil. and (lie ((iiidii inns of said liond shall be lliat [said] vetei-inarv siirux^ons shall well and lailhrullv exectUc and perlonn the duties of their ol'tire; i)i-ovid('eetion of cows outside eity — expenses. — The health commissioner is hereby empowered to recpiire said veterinary sur- geons to go outside the corjiorate limits of the City of St. Louis to any jioint within a radius of one hundi'ed and fifty miles to examine the Jihys- ical condition of cows whose milk is or may be lirought into the City of St. Louis for sale; and all vouchers for traveling expenses incurred by said veterinary surgeon, or surgeons in the discharge of this been .served with such orfler fail to obey the same, the health commissioner is hereby em- powered to give notice to the citizens of St. Louis through the newspapers AKT. VI. 1 OV RKOfl.ATIoN ( )P l>AIi:ii:s ANI' riiW STARI.IOS. (jyj lining' iln' rii\ |ii-iiii iiij;. slaiiii;; ;ill tin- ImiIs in ilic ciisc. :iii(l h> wain ilicni agiiiiist llif use u( sinli milk. .\\\<\ said (laitics iiiav lie pi'iMCfdcil ay;aiii.st ill llif iiiamuT |ir('.>*irilii'(l l>\ the [irm isioiis ul' iliis artic-li-. i .M. (".. sec. ."i.")!.) Si'c. .'):>(i. IvcptM't, \vlioii cows or aiiinials altoiil «laii',\ are .sick. Aii.\ pcr.sdii. liiiii ul- I'tii'piii'alion liaviiij; in |Missfssillars. If. in the oi)iiiioii of. and after an exaiiiinatioii hv. the veterinai-y surgeon, said cow is deemed incnrahle. and the owner or ]ierson in charge thereof does not consent to its heing killed, such olVicial shall cause two disinterested and experienced jiersons to \iew and examine the same. If said Jiersons agree and certify in writing that said sickness or disease is incnrahle and likely to sjiread contagion or infection, and the health com- iiiissioner. in writing, ajiproves said linding and judgments, the veterinary siirgeoii shall forthwith kill said animal and see that the carcass is re moved and so disposed of that it cannot he solil for human food. If cows in any dairy located outside of the city limits arc found tin|>loye — penalty. — Any ofticer or emploxe of the ('il\ ol St. Louis who willnllv cuimives at or a.Hsists in a violation of the provisions of this article shall he deemed guilty of a misdemeanor, and on conviction thereof he |iunislicd liy a tine of not less than one hundred dollai-s nor more than live hiimlrcd dollars, and shall at once forfeit his olTice, as provided hy law in this article, i .M. ( '.. sec. ."i."iT. I Sec. 5;i;i. Smallpox, <'1«'., in lions*' conne<-(elitheiia. scarlet fexer or typhoid lexer, the sale of milk from such dairy or depot is prohihiled until the disea.se has terminated and the preniises ftuiiigated. Any |ierson violating the provisions of this sei'tion shall he deeiiied guilty of a niisdenieanor. and upon convicticui thereof shall Im- tilled not less than fifty nor more than shall he deoiiu'd j;iiilly of a niisch'iucaiior, and ii|i(iii cihin iilii)ii llicrcc*!' shall he lined not less ihaii liri\ dolhirs nor iiun-e Ihaii li\(' Inindred dollars. (.M. (1, sec. 49:?.) Keopliip pvitrlii meat, i^-tr.. on prenil.sos nuisaTKM>. etc.. see sec. .'VOO. See. 54:i. roiialt.v for olli'riiij'- for .sal«' tainttMl ai'ticles. — \n\ ]iersoii, tiriii or eorporatioii who shall oiler lor sale to eoiisuiners for liiiinaii food any meats, j;aiiie. (MHillrv. lisli. vej;etal)les or Iriiit that are tainted, disea.sed, corruiiled or iiiiw holcsoine. oi- meats from any eat tie. hoi;s, shee|i or calves that were uiisonnd, sick, dis(>ased or oul of condition at the time they were slaughtered, sliall be gnilty of a mi.sdemeanor, and uipon conviction thereof shall he fined not less than lifty dollars nor more than live luindred dollars. 1 .M. ('.. sec. 494.) Sec. 544. Publication of naiuos <»f ollVudor.s. — Any person, rnni or corjioration who shall be comirlrd of any olfeiise under s(>ctions ."ill.' and .">4."{ shall ha\e ilicir names iiml places of Inisiiiess iiublished by the health commissioner consiiicuonsly in not loss tlian two Ihiglish and two (lermaii ]ia]iers, ]iiiblishe(l in this city, for tliree days. (.M. ('., sec. 4!t.'j.) AKTICl.l': \"lll. OF POISONS See. 545. Poisons — re}rulati<)ns of sale. — It shall not be lawl'ul for any ](erson to sell any drugs, medicines, chemicals or any other article which may prove fatal or injurious when taken internally oi' used externally by any jierson if taken in such (|uanlities that it is jiossiblc loi- any |iersoii to take siicii meilicine, drug or other article by mistake withoui disco\cring siuh mistake, unless tlie same shall be jilainly labeled ••j)oison,"' and with the name of the article; in addition to tlie word "poison" such label shall contain a skull and crossl)ones, so as to indicate to any person handling such article that it is ]>oisonous, and in no case shall nuy ]ioisonous aiticle be s(dd to a minoi' or other irresponsible jhm'sou, ( M. ('., sec. ~A\1.) See. 546. Abortions — sale of drwffs wliicii prodiu-e foi'bioard of health. (.M. ("., see. ril4.) S.c. 54s. Pois<»nsto be sold only on pr«'s<-i'ipt ions. — Xo apoth- ecary, druggist or other i)erson within this cit\ shall .sell, or perjiiit to be sold, at retail or wholesale, except to dealers in such articles, any poison- ous drug or substance, excejit the same shall have been prescrilK-d or or- dered by a jihysician for the use of the sick, or the person desiring to ob- tain the same shall have tirst Ihmmi furnished « iih a written i)ermit from the board of health. 1 .M. ("., sec. ."!."». t See. .■)4!i. DriigfN foi' «>xt«'rnal ii>«'— rejjfnlation of, lo i»i*e- scription and lU'livery. — It shall he the duty of every physician within 688 REVISED CODE OR tJEN' KRAL ORDINANCES. [CHAP. 11. the (ifv invsci'ibino' or (ii'deriug for I'xtenial use ;iiiy poisonous drug oi- siihstauce. to state in liis ]ii-esci'i]>tions or oi'dci-s in ]ilaiu writing. "For external use," and no aiiotliecarv or druggist shall deliver any article thus ordei-ed without the same being jjroperly hiheled with the words, "For ex- ternal use." (M. C. sec. 516.) See. 550. Penaltie.S. — Any ajiothecary, druggist or otlier person \ iolatiug the provisions of the foregoing sections of tliis article shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than fifty nor more than three hundred dollars for eacli and every offense, to be recovered for the use of the City of St. Louis before an\ court or officer having competent jurisdiction. ( M. ("., sec. 517.1 AKTICLK IX. OF ADfLTERATED ARTICLES. Sec. 551. Sale of adulterated provisions forbidden Whoever shall sell any kind of diseased, corruiited. adulterated (ir niiwholt>sonie pro- visions to be used for food or drink, shall be deenieL'4.( ARTICLK X. OK REGl'UATIONS CONClOKNMNi; TlllO ClT-llNi! OF ICK. Sec. 5r)8. Cuttinn' icv witlioiit |>«Tinil roi-t>iii. NO pcisoii, lirm or corixiral ion shall cul. take ur rciiH>\c any ice Iriiin any jiond. sink liolf. stream or sloiij;li or tlie Kivcr di's I'crcs williin llic limits ol' the City of St. Louis williinil tifst liaviiif; olitainrd a |iiMiiiii liom ilic licallli rom- missioiicr .so to do. i M. ("., si'c. .""J.", i Sec. r>5'.). A|»|»li«'aM«ni tor |H-i'iiii(. — Any jierson dosiiinjr to cut or remove 'wo from any |iond. sink hole, sloujjh or stream or the Ui\er des Teres within liie limits of tlie city shall make an a|p|)lieatioii to the health eoinmissioner lor a permit to do so. statin;.; tlie locality ol' tlie |iond. sink hole. sloii;;h or stream or tlie River des I'eres from wliicli tlie ice is pro- posed to Im' cut and the jturpose for which tlie ice is to be used, iind the lo«'riiiit. — If the lioard of health approve of a permit liein;: ;;ranled to cut oi- remo\e iie from any pond, sink hole, stream, slon-ih or River des I'eres, the health commissionei' shall issue to said ]iaily a |iermii lo cui said ice. (M. ("., sec. 7t'2S.) Sec. ."til*. N«» p«'riiiit for <'oii(I«miiiiy the hoard of health. i.M. «'., sec. r.i.'!!. . Sec. .".r>:^. IVrniit to be limited to one Moek or aere. — No |M'iiiiit shall Im- issued lo cover mme iliaii one block in ilii' city liniiis nor more than oiii' acre in that part of the city iioi laid out In blocks. iM. ( "., sec. oM.) Sec. ."(it. Consent of owner or lessee ne<'<'ssary. - No permit shall be issued lo cut i>r reiiio\e ice from any pond, sink hole. slou;;li. stream or the River des I'eres unless lh<' owiiei- lU" lessee of the pro]ierty on which the pond, sink hi>le. slough, stream or River des Teres is located shall Hie with liie liealth comini.ssioner his or her written consent that such ice may Im> cul and removed, t M. <'.. sec. Tt'M .) Sec. 565. Siffninj; and attesting; of permits. — All |iermits to cut ice as provided for by this article shall Ih- signed by tlie health couiiiiis- sioner, attested l>y the clerk of the board of health, and countersigned by the city ifgister and comptroller, i M. ('., sec. r^',l'2.\ 090 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 11. Sec. 5G(J. Fee for permit. — For all such permits the health com- missioner shall charge a fee of one dollar, which he shall account for and pay into the city treasury. (JI. C, sec. 533.) Sec. 567. Police to urrest for cutting without permit. — It is herehy made the duty of the police officers to arrest any person found cutting or removing any ice from any pond, sink hole, slough, stream or Kiver des I'eres within the limits of the city, who has not first obtained a permit from the healtli commissioner as provided for in this article. ( M. C, sec, 534.) Sec. 568. Bond necessary for permit — Before the health com- missioner shall issue any such permit he shall recjuire the parties to file a good and sufficient bond in the sum of two thousand dollars, with two or more good securities, to be approved by the mayor; said bond shall provide that the ice cut from the pond, sink hole, slough, stream or Kiver des Peres, for which a permit has been granted by the health commissioner, shall not be sold or used for drinking purposes, and that it is to be stored in the locality mentioned in the permit, and that any violation of the provisions and stipulations as provided for in the permit shall work a forfeiture of the bond, and the same shall be collected and ](aid into the treasury of the city for the benefit of the City of St. Louis, and said bond, before being filed with the city register, shall be presented to the health commissioner, and the wording of the permit shall correspond exactly with the wording of the bond, so far as location and description of places from which and to which the ice is to be removed. (M. C, sec. 535.) Sec. 569. Statement to be filed with health commissioner — penalty. — All parties bringing into, or storing ice in the City of St. Louis shall file a statement with the health commissioner, which statement shall be sworn to; said statement shall si)ecify the locality from which the ice has been brought, and when cut, and if, in the opinion of the health com- missioner said ice is only fit for the cooling of articles, he shall require said parties to give a bond and comply with all the provisions of the next preceding section. Any persons bringing or storing ice within the limits of the city without filing a statement as ]>rovided for in this section, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than fifty nor more than two hundred and fifty dollars, to be recov ered as in all cases of misdemeanor, before any court having competent jurisdiction. (M, C, sec. 536.) Sec. 570. Penalty. — Any person, firm or corporation found guilty of violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than fifty nor more than two hundred and fifty dollars for each and every violation of this article, to be recovei-ed as in all other cases of misdemeanor, before any court of competent jurisdiction. (M. C, sec. 537.) ARTICLE XI. OF REGUL.\TIONS OF VAULTS. PRIVIES AND WATEU-CLOSETS. Sec. 571. Privy vaults to be pi'ovided. — Each and every build- ing within the city used as a dwelling, store, livery stable, tenement house, warehouse, factory, mill or foundry, shall be furnished with suitable and lawful privy vaults or water-closets. (M. C, sec. .")(i().) ai:t. Ml OF i{i:i;ri,.\'i'iuNS OK vai'lts. piuvirs and watku-closkts ggi Sec. 572. Leakinj>: privies, etc., penalty for niaintainiii;;.— Any owner, li'.><.><('('. tcniuil. or ajrent of any luiildinj; or lot of any fironnd in the city wlio .shall maintain or allow to exiyt. about or ou, said l)iiildin >aul(s not conn<'cte*l with sewers — rejfuhi- tions of const i'u<-t ion of ( )u all premises not so sitiiiited as" to be accessible to the sewerage system of the city the privy vaults shall be con- structed as follows: Tlie vaults shall be sunk under the ground not less than ten feet, and shall be walled up with brick or stone, laid in hydraulic cement mortar, with bottom of same material, and shall be so constructed that the outside wall shall be at least two feet distant from the line of all adjoining lots, and also the same distance from every street or alley, and the walls shall be caia-ied one foot above the surface of the ground, and shall be built to exclude all water from the surface, from the roof of liuibl- ings and fi'om the city waterworks, \\henever such jirivy vault shall be come full, to within three feet of the top of the wall, it .shall he emptied and its contents removed, and it shall be unlawful to build or maintain any privy vault situated as described in this section, otherwise than is herein provided. ( M. 0., sec. 5G4.) See reKiilatlona required by sec. 2313 of R. C Sec. .')7(). Privy vaults on streets — to be conne<'tee connected by the owners, lesst»es, or agents of such property with sucli ]iul)- lic, private, [joint district) or district sewer whene\-er reipiired to do so by the health commissioner, which oi'der shall be served in (he same manner as writs of summons are rt>(|uired to be served in civil cases, and if the owner, lessee or agent, who shall have l«'en .served with such notice, shall fail to comply with the in-der of the health commissioner in the time indi<'ated in such order, then such owner, lessee or agent shall be diKMiied guilty of a 692 REVISKl) CODE OR GKNKRAL ORDINANCES, [CHAP. 11. luisdemeauor, aud ou conviction shall be tined not less than fifty dollars nor more than two hundred dollars for such offense, and every day on which a violation exists as to any premises shall constitute a separate and distinct offense. ( M. C, sec. 5G5.) Sec. 577. Method <>f construction and connection. — All vaults, privies or water-clo.sets hereafter to be constructed or connected with the sewerage system of the city shall be constructed and connected in accord- ance with the ordinances in relation to the same, and any other manner of constructing vaults, jtrivies or water-closets, or of cf)nnecting the same with the sewer .system of the city, shall be unlawful, (il. (J., sec. 56G.) See R. C. sec. 2313. Sec. 578. Reconstruction — notice — penalty. — Whenever the health commissioner is of the opinion that any vault, privy or water-closet is not properly connected with the sewer system of the city, or when, in his opinion, the condition of any vault, privy or water-closet is such as to be dangerous to the health of the citizens, he shall order the owner, lessee or agents of said ]iroperty on which is located such vault, privy or water-closet to reconstruct or jirojierly connect said vault, privy or water-closet with the sewer system of the city in accordance with the ordinances, and any owner, lessee or agent of i>roi)erty receiving such order and failing to com- ply with the .same shall be deemed guilty of a misdemeanor, and ujion con- viction shall be fined not less than ten nor more than two hundrecl dollars for each ofteuse; and every day on which a violation of this order exists as to any premises .shall constitute a sei)arate and distinct offense. All or- ders to owners, lessees or agents to connect or reconstruct vaults, jtrivies or water-closets under the provisions of this section shall be served in the same manner as writs of summons are required to be served in civil cases. (M. C, sec. 507.) Sec. 579. When to be emptied and cleaned. — No privy within the limits of the (Mty of St. Louis shall l)e emptied unless the health com- missioner shall be satisfied that the same is alisolutely necessary foi' the health and comfort of the inhabitants, and in such cases they shall be thoroughly cleaned b.\ lic<'nse(l vault-cleaners only. U]>on a jiermit obtained from the health commissioner. No ju-ivy shall be emptied at any other time than between the hours of nine o'clock p. m. and four o'clock a. m., unless bv special permission or ordei' of the health commissioner. (M. C, sec. 568.) Sec. 580. Manner of cleaning-. — The cleaning of all vaults or privies shall be done in such manner and time as is or may be pi-cscribed by ordinance and without creating a nuisance, and in as inodorous a man- ner and as free from foul odors and gases as possible. (M. C, sec. 569.) Sec. 581. Duty of police and sanitary oftii-ers. — It is made tlie duty of all sanitary and police oft'icers to report and jirosecute any and all violations of this aiticle. ( M. ('.. sec. 570.) Sec. 5S2. Penalty for violation of prececlinj" sections Any person violating the three jtreceding sections or any rules or regulations of the board of health, as provided for in the three preceding sections, shall be fined not less than twenty dollars nor more than three hundred dollars for each (itfense, and .shall al.so be liable on his bond to any person especially damaged bv the viohition of such rules or regulations. (M. C. sec. 571.) ai:t. xii.i <.)K Ni'isANpios. 693 Sec. 583. IN'iialty. — Any person violating or failing to <()ni|)!y w iili any of Ilic |iri)\ isions ol' this article, and to wliicli no special iienalty is attached, siiail lie deemed gnilty of a niisdeiiieaTior. and on conviction thereof shall i>c' lined not less ilian lucniy dollars nor more than two hundred dol- lars. ( .M. ('.. sec. r>7ii.j .virncLH XII. OF Nl'IS.\NCES* •POWERS OF THIC Crrv IN (TliNlOR.AL. RKSPECTING NUISANCES. The Charter nuthorlzi'.«i the illy to declare, prevent and abate nuisances In general, besides eonferrhiK siieellle authority upon certain subjects: Charter, Art. Ill, sec. 26. clause si.\th: see also Charter. .\rt. 12, sees. 4, 6, 7; Art. VI, sec. 19. Even under the broad powers conferred upon the city by the Charter, it is not competent for the city to declare that to be a nuisance which is not such In fact: St. Louis vs. Heltzeberg Packing Co., 141 Mo. 373. The General .\ssembly may confer on the Municipal .\sseinbly the power to abate nuisances and to declare what shall be deemed nuisances, and where the subject matter is prima facir a nuisance, or may be one under the conditions prevailing where prohibited, the determination of the Municipal Assembly is conclusive: St. Louis vs. Stern, .f Mo. .\pp. 48; Hisey vs. Mexico, 61 Mo. .\pp. 248; and see cases liereinafter cited. But the city's power can not be made so absolute as to be beyond the cog- nizance of the courts to determine whether It has been reasonably exercised in a Klven case or not: River Rendering Co. vs. Behr. 77 Mo. 91, 1. c. US; St. Louis vs. Ht'itzeberg Packing Co., 141 Mo. 375, 384; St. Louis v!s. Schnuckenberg. 7 Mo. .\pp. .".36. But in determining the question of the power of the city to designate the sub- ject as a nuisance, if the object to be accomplished by the ordinance is conducive to public interests and to public health, especially In the exercise of the police power of the municipality, the courts will accord to the city a liberal discretion, both as to the ends sought and to the means employed, and the ordinance will be upheld, unless the act declared a nuisance unquestionably is not one: St. r»uls vs. Gdlt, 179 Mo. S. IS and cases there cited; Kansas City vs. Mc,\leer. 31 Mo. App. 433. 436; State vs. Tower, 185 Mo. 79. The city cannot legalize a nuisance: Sutton vs. P. W. Co., 117 Mo. .\pp. 636. ABATEMENT OP NUISANCES. Irliil U} Jury Is not essential, on constitutional grounds, to ainethod of ascer- taining tin- . xistence of a public nuisance: St. Louis vs. Stern, 3 Mo. App. 48. Service of nntire to ubntr: St. Louis vs. Flynn, 12S Mo. 413. The llndluK of n board i»f health that a nuisance exists, is. In an action for failure to abate, prima tm if but not conclusive evidence of Its being a nuisance: KIrkwood vs. Cairns. 44 Mo. .\pp. SS; St. Louis vs. Schnuckenberg, 7 Mo. .\pp. ':i6; but not between private persons; Doerbaum vs. Fischer, 1 Mo. App. 149, 151. .\nd notice given to a Board of Health of the existence of a nuisance is not notice to the owner of the premises: Grifllth vs. Lewis, 17 Mo. -App. 605, 609. A prmon Injured by a nuisance (sucli as an unauthorized sewer put on his premises by a city) has a right to abate It. but must not be guilty of excess: Chinicothe vs. Bryan. 103 Mo. App. 409. .Ibatrnirnt of a nuisance by a city under Its Charter, while it may be a rlKlU, should not be exercised In such a way as to deprive a party of the use of his property nor destroy the same, unless absolutely neci'ssary : Waggoner vs. South Gorln. 88 Mo. .Vpp. 2''; .Mllson vs. Richmond. 51 Mo. App. 133. Kqulty niny rnjoln nulniinrrH, but Its jurisdiction does not extend to enjoining structures or acts which are nuisances merely because made so by ordinance: Rice vs. Jefferson. .10 Mo. App. 464 (wooden structure); Warren vs. Cavanaugh, 33 Mo. App. 102 <«iuarr>-). But see llarnuin v.m. St. Louis, 137 Mo. 49 1. 501 (frame house Inside (Ire limits). In a clear case n plaintilt may enjoin a nuisance before establishing his legal rights at law: llarrelson vs. Ry.. 151 Mo. 482. The establishment of the nuLtance. recovery for damages and abatement of the nuisance may all he brought In one equity case: Baker vs. McDanlel, 178 Mo. 447. 168. 694 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 11. A city is not liable for not enforcing its ordinances relating to nuisances: Harman vs. St. Louis, 137 Mo. 494; Kiley vs. Kansas City, 87 Mo. 103; or for not enacting ordinances: Kirkwood vs. Cairns, 44 Mo. App. 88. 96. Nor has it any control over nuisances within its limits except as conferred by its Charter or the general law and its duties cannot exceed its powers: Martinow^sky vs. Hannibal, 35 Mo. App. 70, 78. A private inilividual cannot recover because of a public nuisance unless he shows special damages: Baker vs. McDaniel, 178 Mo. 447; Glaessner vs. Anheuser- Busch, 100 Mo. 508; Givens vs. Van Studiford, 86 Mo. 149, s. c. 72 Mo. 129; s. c. 4 Mo. App. 498; Schoen vs. K. C, 65 Mo. App. 134; Schewich vs. Co., 109 Mo. App. 406, 421 and cases cited. As in case of obstructing the highway if he is damaged differently from the public at large: Heer D. G. Co. vs. Citizens' Ry. Co.. 41 Mo. App. 63, 72 and cases cited; Gay vs. M. Union Tel. Co., 12 Mo. App. 485; Glasgow vs. St. Louis. 15 Mo. App. 112; Longworth vs. Sedevic, 165 Mo. 221; Downing vs. Corcoran, 112 Mo. App. 645. But in an action for damages because of a private nuisance recovery may be had for nominal damages upon mere proof of nuisance without proof of pecuniary loss: Berlin vs. Thompson, 61 Mo. App. 234; Baker vs. McDaniel. 178 Mo. 447; as for instance where a city discharges sewage into a stream flowing through plaintiff's farm, under conditions making such act a nuisance: Smith vs. Sedalia, 182 Mo. 1: see also Frick vs. Kansas City, 117 Mo. App. 489. WHAT CONSTITUTES. "What is a nuisance" says Judge Marshall in St. Louis vs. Gait supra, "is a relative question oftener than it is an abstract fact. Blackstone was wise in not attempting an explicit, invariable definition, and in confining himself to general terms. He said a nuisance 'is anything that worketh hurt, inconvenience or damage.' [3 Black. Com. 216.] The Am. and Eng. Enc. Law (2 Ed.) vol. 21, p. 682, says: 'A nuisance is liter- ally an annoyance, and signifies in law such a use of property or such a course of conduct as. irrespective of actual trespass against others or of a malicious or actual criminal intent, transgresses the just restrictions upon use or conduct which the proximity of other persons or property in civilized communities im- poses upon what would otherwise be rightful freedom'. . . . The power to prevent nuisances, to provide for the general health, is as broad as the necessity for its exercise": 179 Mo. 19-20. See also Baker vs. McDaniel, 17S Mo. 447. For specific ordinances designating what are nuisances and the rulings thereon, see the various foot notes to the sections following, in addition to the cases in this note cited. Some instances upon the question of nuisance follow: Smoke is not a nuisance per se, and an ordinance declaring as a nuisance the emission of dense black or thick gray smoke into the open air from any establishment in St. Louis, etc., irrespective of the quantity or length of time, is void: St. Louis vs. Heitzeberg, 141 Mo. 375. But under the recent State act authority is now granted to declare by ordinance that smoke is a nuisance: that act was upheld in an elaborate opinion discussing smoke as a nuisance in State vs. Tower, 185 Mo. 79. See also ordinance provisions R. C, sec. 1619 it stt. Smolce Staclts when nuisances: Whalen v.s. Keith. 35 Mo. 87; Bank vs. Kennett, 101 Mo. App. 370. Dairies are not nuisances per se: Mc Donough vs. Robbens, 60 Mo. App. 156; St. Louis vs. Schnuckenberg. 7 Mo. App. 536. But may be regulated or prohibited by ordinance under the St. Louis Charter: Fischer vs. St. Louis. 194 U. S. 361; St. Louis vs. Fischer. 167 Mo. 654. also holding that an ordinance requiring the prior consent of the Municipal Assembly to the establishment of each specific dairy is valid. l.lvery stables are not fier se .^ nuisance but may become so. if so kept as to destroy the comfort of owners and occupants of adjacent premises, and are subject to regulations by ordinance under the Charter, but such authority cannot be delegated in whole or in part and an ordinance allowing adjoining lot owners to determine whether a person shall be permitted to run a livery stable in the block, is void: St. Louis vs. Russell. 116 Mo. 248. .slaughter liouses are governed by similar principles: St. Louis vs. Howard, 119 Mo. 41; see also same vs. same. 119 Mo. 47. See also St. Louis vs. Kreutz. 12 Mo. App. 591; Zugg vs. Arnold. 75 Mo. App. 68. AKT -Ml 1 GENERAL NOTK ON NIISANCIOS. 595 I"Ib miyrn iinil hoK peiiii maintained In close proximity to a dwelling-house may be a nuisance per if for which an action lies: Whipple vs. Mclntyro. 69 Mo. App. 39": see also St. Louis vs. Stern. 3 Mo. App. 34S, 35-1. "The keepliiK of swlno and cattle within designated limits of the city has been declared In a number of cases to be within the police power": Fischer vs. St. Louis, 194 U. S. I. c. 370. See also Smiths vs. McConathy. 11 Mo. 517. Stockyarda are not per u nuisances but under certain circumstances rnay become such: Bielman vs. Ry.. 50 Mo. App. 151. Pondai Hoike vs. Herman. S7 Mo. App. 125. See also ordinances hereinafter In this article on this point, sees. 616. 638. PrreoIalliiK li0 Mo. App. 98. Ftiiiie.H from iiMplinIt i>lMiit: Sultan V9. Parker-Washington Co.. 117 Mo. App. 636. Ilrli-k kilnn are not nuisances p(r se, but may become a nuisance as dwellings are built in the vicinity: State ex rel. vs. Board of Health, 16 Mo. App. S; Powell vs. Brick Co., 104 Mo. App. 713. 720. See also as to when they become nuisances: KIrchgraber vs. Lloyd, 69 Mo. App. 59, holding that In such case recovery may be had without showing actual pecuniary loss. Slop* and FIHh thrown upon another's premises and creating a iiolnome niiicll und K4<*aeli, constitute a nuisance. Any use of property that corrupts the atmosphere with noxious vapors and noisome smells, producing Injury to prop- erty or health, or Impairing the comfortable enjoyment of it In a dwelling Is a nuisance Inviting a recovery: Beckley vs. Sproh. 19 Mo. App. 75; ittenfh from factory: Dauker vs. Co., 102 Mo. App. 723, 730. >Vred», when a nuisance: St. Louis vs. Gait, 179 Mo. 8, ttuarrlrm Warren vs. Cavanaugh, 33 Mo. App. 102: Schaub vs. Perkinson Const. Co., 108 Mo. App. 122. Street Railway* laid In the streets without authority are nuisances: St. L. & M. R. Ry. vs. Kirkwood. 159 Mo. 239, 255. See also Heer D. G. Co. vs. Citizens' Ry. Co.. 41 Mo. App. 63. But the cases deciding that the city cannot authorize such use of a street by a steam railway as will destroy Its use as a public thorough- fare (see intra this note) do not apply to street railways unless they are so defectively constructed as to prevent the current use of the highway by the public In the ordinary course of travel: Placke vs. U. D. Ry.. 140 Mo. 634, 637. See also Morle vs. Transit Co., 116 Mo. App. 12, 25. But see as applying the same rule to street roads: Nagel v.s. Llndell Ry.. 167 Mo. 89. 97. As to difference between steam roads and street railway roads respecting the I)ower of the city, see also State ex rel. vs. Corrlgan Street Ry., 85 Mo. 263. 275, and authorities cited. A street railway although It have authority from the city to operate on the streets, must lay Its tracks on the street level, or like a steam road. If It raises Its tracks and Interferes with access to the abutting owner's property It Is liable for the damages: Farrar vs. Electric Co.. 101 Mo. App. 140. See also note to Charter, Art. Ill, sec. 26, clause 2. Stram mllroadfi In a street .so narrow that Its use by the railroad will destroy the street as a highway are nuisances and an ordinance permitting it Is void as permitting an unauthorized obstruction of the highway: Lockwood vs. Wabash Ry.. 122 Mo. 8«; Lumber Co. vs. Ry., 129 Mo. 455; Corby vs. Railroad, 150 Mo. 457; Pubach vs. Railroad, 89 Mo. 483. See also note and cases to Charter. Art. III. sec. 26. clause 2. Private steam roads and tracks In the public streets are nuisances which the city cannot authorize: Glacssner vs. Anheuser-Busch Brew., 100 Mo. 503. 696 REVISKl) CODE OU r.ENERAL ORDINANCES. [CHAP. n. Where a ruiliDUd trai'k is built in a street, the escape of soot, smoke and smells from tlie engines, obstruetion of the streets by the cars, and tlie jarring of tlie buihiings by the passing trains to the inconvenience, discomfort and danger of adjoining proprietctrs do not necessarilj- in law constitute a nuisance unless the road is negligently operated or built: Randle vs. Pac. Rd.. 65 Mo. 325: see also Tliompson vs. Macon. 106 Mo. App. S4. But by Rev. C. sec. 1860 locomotives using Poplar street are required to be so constructed as to avoid offensive or dangerous smoke anil cinders. The rights of abutting owners as affected by steam railroads built in the streets with the consent of the city in front of their property, is fully dis- cussed, with a resume of the authorities in this state, in the case of De Geofray vs. Merchants' Bridge Co., 179 Mo. 698. It was finally held that a railroad built on the grade would not be a new servitude, but only on the doctrine of start' decisis^ and that an elevated road was a new servitude not contemplated in the dedication of a street to the public use, and that its interference with the rights of the abutting owners must be compensated for by the railroad as a deprivation of their property for public use; and that an action for damages is hai-red in five years after the obstruction becomes permanent and complete. OI».*4tru('tiou of II lilgliway, wlu-n unauthorized, or if authorized when unreason- able, which necessarily impedes or incommodes the use thereof, or renders the highway dangerous, is a public nuisance at common law. and every encroachment upon any part of the highway whether upon the traveled part thereof or the sides, comes within the idea of a nuisance: State vs. Campbell. 80 Mo. App. 110, 113; Seibert vs. Railroad. ISS Mo. 657. (citing instances of obstructions held to be and others not to be unlawful, such as piers, bridges, telegraph poles, etc.); South Highland vs. Kansas City. 100 Mo. App. 518 (holding an obstruction with the city's consent to be revocable by the city); Carthage vs. Light Co.. 97 Mo. 20 (poles and wires held nuisances); State ex rel. vs. Gravel Road Co.. 116 Mo. App. 175 (unauthorized toll company a nuisance; the court said: "Private structures inconsistent with the primary use of the street cannot be licensed, and will constitute a nuisance even if the city undertakes to license them"); Loth vs. Columbia Theatre Co., 197 Mo. 328, (with review of authorities — in that ca.se a balcony over the street, resting on pillars, was the obstruction). Maintaining gates at railroad crossing, though the supports be partly in the street, but leaving ample room for travel, is not a nuisance: Seibert vs. Railroad. 188 Mo. 657. Obstruction of Mississippi riS'er as a highway see State ex rel. vs. Long- fellow. 1119 Mo. 10;i; also note to Chart. Art. I. sec. 2. p. 296: and for city's authority to control, guide ami dellect cui-rent. see Chart. Art. III. sec. 26. clause 4. Temporary obstruction for a reasonable time, by building material or repair material, permissible: See ordinance R. C. sec. 928 and cases there cited in note: Hesselbach vs. St. Louis, 179 Mb. 505; Corby vs. Ry.. 150 Mo. 1. c. 469-470; Frick vs. Kansas City. 117 Mo. App. 489 (dirt pile on street from excavation of sewer). The duty and power of the city to provide safety precautions in the streets carries with it a discretion not subject to judicial review unless so exercised as to amount to a practical destruction of the street for street purposes or with- drawal from public use: Seibert vs. Railroad, ISS Mo. 657. 673. Obstruction of streets so as to interfere with abutting owner's special right of ingress and e.gress: Downing \ s.Cnnuian. 112 Mo. .\pp. 645. 6 49 and cases cited. Set- note and cases on what uses a street may bi.' used for. appended to Charter. Art. III. sec. 26. clause 2. <'eU:ir doi»r.M ami ciial lt4»li>.s in the Iiijibway are not nuis.inres per se: Fehlliauei- vs. St. Louis, 178 Mo. 635. Liabilit>' of city or owner to injured pedestrians, etc.: see Perrigo vs. St. Louis, 185 Mo. 274, and cases cited. ItiilliliiiKM iir NtauilM ill a iiiililie Mtreet are nuisances: Schopp vs. St. Louis. 117 Mo. 1 :u (where spaces in front of business houses were leased by ordinance). See supra as to obstructions in the highway. Awulng on a sidewalk not necessarily a nuisance: Hisey vs. Mexico. 61 Mo. App. 248, 253. Fire engine house, erected b>' cit>*. is not per se a nuisance: Van Dc Vt-re vs. Kansas City. 107 Mo. 83, 92. ART. XII.] OF NUISANCES. 697 liiiuii) hiiii.ses are nuisances per it, unUss authorized by law and conducted In accordance therewith: and even when authorized If the Inmates so Indecently conduct themselves as to render property adjoining undesirable they become common nuisances: Glvens vs. Van StuddlTord. S6 Mo. 149: Ashbrook vs. Dale, 27 Mo. App. 649. See as to ordinance provisions U. C, sees. 1518, 1520. and notes thereto; also Charter. Art. III. sec. 28. clause tlftli. FIRST— WHAT CONSTITITK. Sit. rjfv4. Sinks, hasiiis, etc., reffulatioii— pt'iially. .Ml sinks, basins iind stationarv labs in every liotel. lodfiiiif;', tcnciiicnf , lioardinji;- li()ii.>f the city, in which manure or liipiid dis<-hart;('s of such animal shall col- lect or accnmnlate. and which stable, stall, shed or a|iartinent, or any yard or api>iirlenance thereof, is not kept in a cleanly and wholesome condition, so that no otfeusive smell shall be allowed lo escape therefrom, it shall be deemed a nuisance: provided, thai nothing in lliis seciion shall be so con- strued as to imdnde manure deposits upon any ]iri\ate jiroperty for the pnr]io.se of cultivating the same. (M. ('., sec. 574. j .\ livery utoble is not a nuisance pfr se but may become such If so kept as to destroy the comfort of the nelgrhbors or Impair the value of their prop- erty: St. Louis vs. Russell. 116 Mo. 248, 259 and authorities. See also note at heading of this article: and further note to section 625 hereinafter. See. 586. ('<)\vs or hoff.s not to be kept in pens. — No dis- tiller, butclier, stock-ih'aler nv otiier iierson shall colleci or keej) any cows or liogs in a jien, or otherwise conline any hog or hogs in the city so as to create any nui.sance. ( M. C, sec. 575.) See. 5S7. Ilofis not to be enclose*! over forty-eigfhl hours. — It shall not be lawful for any jierson or |)ersons to keep in any inclosure. or otherwise, any hogs within the city for a perio. ( M. ('., s<'c. 577.) See Chart.. Art. III. sec. 26. clause 6. A hog pen or pig sty maintained In close proximity to a dwelling honse Is a nuisance frr v.- Whipple vs. McEntyn-. 69 Mo. App. .197: Smiths vs. McConathy. II Mo. .".17: St. Louis vs. Stern. 3 Mrt. App. 54 See. 589. Filtli> wafer, naiiseoiis li(|iii«l waste, et<\ — mis- demeanor — p«'nalty .\ny |pei-son. tirni or coi-por;iiion. being tin- owner. ggg REVISED CODE OR GENERAL ORDINANCES. tCHAP. 11. agent, tenant, lessee, occupant or managci- of any hotel, boarding house, lodging house, dwelling house, tenement house, manufactory, hide house, tannery, pork house, market house, laundry, fish house, soap factory, brew- ery, distillery, butcher shop, dyeing establishment, soap boiling works, ren- dering works, oil factory, bone works, glue factory, sausage house, dairy, cow stable, cow lot, cattle pen or livery stable, built or maintained on any lot of ground, who shall allow to accumulate or be discharged from such places onto or in any public street, alley or private property in the city, urine, liquid waste from stables, swill, water from privy vaults, waste water from sinks, wash water, or any foul or nauseous liquid waste of any kind whatever, shall be deemed guilty of a misdemeanor, and upon convic- tion shall be fined not less than ten nor more than one hundred dollars, to be recovered for the use of the City of St. Louis, before any court having competent jurisdiction. (M. C, sec. 578.) Sec. 590.. Putrid meat, vegetables, ofTal, etc.— misdemeanor — I>eiialty. — Any jierson or owners, agent, lessees or occupants of any building, yard or lot of ground, who shall allow to accumulate or remain in or on said building, yard or lot of ground, any putrid and unsound meat, pork, fish, hides, decayed vegetables or food, manure, filthy ash heaps, gar- bage, offal, rubbish, dirt or filth of any kind, which, by its decay or putre- faction, could or would become offensive to human beings or detrimental to health, or shall create a nuisance, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than ten nor more than one hundred dollars, to be recovered for the u.se of the City of St. Louis, before any court having competent jurisdiction. (M. C, sec- 579.) See sec. 542 R. C. See Danker vs. Mnfg. Co., 102 Mo. App. 723. 727. See. 591. Notice necessary before conviction. — In the trial of any person charged with a misdemeanor, as defined by the next two pre- ceding sections, it must be shown that said party has been notified by the officers of the health department or by a notice served by the city marshal to remedy the matter complained of, and that he or she has failed to obey such notice. (M. C, sec. 580.) See. 592. Duty of police. — It shall be the duty of all police officers to watch for any violation of the above sections and to report at once all the facts to the office of the health commissioner. (M. C, sec. 581.) Sec. 593. Above sections construed. — Nothing in the next four preceding sections shall be so construed as to interfere with the duties and powers of the board of health and health commissioner in the condemnation and abatement of all matters defined bv law as nuisances. (M. C, sec. 582.) Sec. 594. Terms defined. — The words filthy ash heaps, whenever u.sed in this artii'le. shall be held to include cinders, coal and everything that usually remains after fires that has been mixed with garbage or filth, of any kind; the word rubbish shall be held to include all loose and de- ca.ved material and dirt-like substances that attends use or decay, or which accumulates from building, storing or cleaning; the word gar()age shall be held to include every accumulation of both animal and vegetable matter, liquid or otherwise, that is received from kitchens, and also all putrid and unsound meat, beef, ])ork, fish, decayed or unsound vegetables or fruits; the word tenement house shall be taken to mean and include every house, building or portion thereof which is rented, leased or hired out to be occu- pied as the home or residence of more than two families living independent of one another. (M. C, sec. 583.) AKT. XII.l Oh' NUISANCES. ti!)9 Sec. 595. Who liiiltle. Whenever aiiv owner m- ii;;('iil of aiiv ImiM iuj; in tin' <"itv of St. I.oiii.s .>tion. .\ny person violating the provisions of this section shall be deemed gnilty of a misdemeanor, and, npon conviction, shall be fined not less than ten nor more than one hntidred dollars, to be recovered for the use of the city, before any court having comipcteiil jurisdiction, i M. C, sec. nst;.) See R. C. sec. 224: nlso see. 1212. Sec. 598. Deail aninial.s, lillh, etc., to be kept from .s(reet.s. — No person shall deposit any dead animal or excrements or filth from privies or any hay or straw or dirt or rubbish of any kind or description or tiny filthy water or manure ui)on any streets, alleys or public or private property in this city. Any [lerson found guilty of violating any of tlie pro- visions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof be lineil not less than five nor more than fifty dollars; provided, that nothing in this section sliall be so construed as to include manure dejjosiled upon any private property for the purpose of cultivating the same, i M. (".. sec. 587.) Drad anliiialat Burying dead nnlinals In city limits prohibited: R. C. sec. 670: carcasses of animals when nuisance R. C. sec. 684. Police to enforce sec. 598: aeo R. C. sec. 1226; also see next section below. Under the constitution of Mis- souri an ordinance Is void which undertakes to confer upon one person the rltrht to remove and convert to his own use the carcasses of all dead animals, not slain for food, found within the limits of the city to the exclusion of the right of the owners of the same to remove and use them before they become a nuisance be- cause of the undoubted property right of the owner which such regulation denies: River Rendering Co. vs. Hehr. 77 Mo. 91. The carcass of a dead animal permitted to be near the dwelling of another may become a nuisance: Ellis vs. K. C. St. J. A C. B. R. R. Co.. 63 Mo. 131. Spc. 599. Duties of police. It shall be the duty of the poliie within their respective districts to watch for and arrest jjcrsons throwing or |K»rmitting to [to thrown from their premises into any street, alley, mar- ket place, sidewalk or gutter any filth or other matter prohibited by the next prt'ceding section. t.M. f'.. ,iec. 588.) 700 RKVISKI) CODE OR GENERAL ORDINANCES. [CHAP. 11. Sec. GOO. Slaujihter houses to be whitewashed Every slaugh- ter house shall be whitewashed at least once in each month between the first of April and the first of November, and any person having- charge or control thereof who shall fail so to do shall be deemed guilty of a misde- meanor. (M. C. sec. 589.) See. ()01. Slaiijfhter houses, ete. — when nuisaiiees. — If any owner or owners, occupier or occupiers of any slaughter house, market or meat shop, wherein any hogs, beeves or other animals are slaughtered or sold, either in said slaughter house or on the premises of said owner or owners, occujiier or occujiiers, shall permit the same to remain unclean, tile same shall be deemed a nuisance. (M. C, sec. 590.) See note to next section. Wlien slaughter houses are nuisances: See note to heading of this article; see also note to sec. 825, Sec. 602. Slaugrhter houses — how constructed and drained. — Xo butcher or other person shall kill or slaughter any beeves, sheep or other animal within the city, unless the house, yard, pen or place where such killing shall take jilace be provided with a tight plank rioor, or be paved with brick or stone, laid in cement; if jiaved with brick or stone, then the earth below it shall be sulficiently solid to ju-event its becoming a recep- tacle of tilth and offensive matter. The jiavement in every case shall be made with a descent towards a gutter, which shall pass through the .same, and leading to a public, district, joint district or private sewer; and no slaughtering shall be done in any slaughter house not j)rovided with a sewer connection or with suitable tubs to be emptied dailv. (M. C, sec. 591.) SlniiKhter huiiKt-H — -Assembly may provide "for the erection, management and regulation of slaughter houses" and regulate the slaughtering of animals. Cliarter III, sec. 26, par. 6. and sec. 34. See: St. Louis vs. Howard, 119 Mo. 47. Slaughter House cases. IG Wall. 36. See also R. C. sees. 624 and 625 below as to what necessary before slaughter house can be set up. Sec. (;03. Green, unsalted hides not to be kept over six liours. — No person shall ki-i']i in this city any given or unsalted hides for a period exceeding si.x hours, i M. (".. sec. ."iOi'. i Sc( . (i04. Bone, fat or glue business a nuisan<'e — wlien — The business or any part thereof, or any or either of them, of bouf-crushing. boiip-boiling. bone-grinding, bone-burning, bone-drying, fat burning, fat- boiling, fitt-rendering, fat drying, gut-cleaning or the making of glue or thf mamifacturiug of fertilizing material of any kind or desci-iption, from any dead animal, or parts thereof, or any boiling of f)flPal, swill, fat or grease of any descrii)tion which shall be done or carried on in an offensive, unclean or defective manner in any building, yard, or lot of ground wiiliiii the limits of the city shall be deemed a nuisance. (M. C, sec. .593.) Sec note to Charter. .\rt. Ill, sec. 26, clause 6; and ,d. sec. .14, Sec. 605. Soap factories, etc. — when nuisances— If any owner or owners, occupier or occu])iers of any soaji factory, candle factory, oil factory, glue factory, heni]) factory, varnisli factory, jioik house, sausage house, lard house or place where lead is corroded by manure, sliail jierniii the same to remain unclean, or conduct their business to tiie annoyance of the citizens of this city, or any of them, the same shall be deemed a nui- sance. (M. C, sec. 594.) ai:t. xii.i OK NTisANCics. 701 Sec. 60(j. I'lu-Ioan tlniiiiM, etc., imisaiifes.— An.v uik Iimm, stink iiij;, foul, (icIVctivc or lililiy driiiii. diti-Ii. lank or jiiitlcr, oi- aiiv Icakiii}?, hrokcii sluji, j;ai'liai;f oi' iiiamiri' l)ox«>s or r(>cei)taclt'S of like cliaractiT, wiit'iu'Vcr or whci't'Vfr loiiiid witliiu llic limits of tlic CKv of St. I.oiiis. shall he lit'cincd a miisainc. i M. ("., sec. ;")'.(.").) Sec. tiOT. (larba}?*', <>t<*., lUiisaiK-*' — wIhmi — All vegetable waste, littcf. f;arliaj;c lilili cn- iflusi' of aii\ iiaiuir. kind or dcscfiittioii wliatso rvt'v found in of iijioii any private all(\v. yard oi- area \\ithin flic limits of ilic City of St. Louis, shall be deemed a uuisance. (M. C. sec. r)J)G.) As to KiiilinKe see R. C. sees. 119G nnrt roUowlns. S.'c. (ills. I'oiil li(|iii«ls — not t<» Ik' iibli<- plan's — NH distiller, hutclier, soaj) boiler, tallow rliaiidlef or dyei- in this city shall himself, or by any othcf. dischai-i;(' out of or fi-om any still house, slauichtei- house or wofk shoji, foul or nauseous li(|uid of any kind whatever, into a ](oiid of adjacent ^idiiiHl or into any street or |iul>lic |ilace. iM. ('.. sec. .")S)7.) Sec. liO'.t. I*utri«l fat or otluT inatt«'r not to bo <'olIe ilcemed a nuisance. I M. C. sec, ."SDO. ) See. 611. St'wors — to ho fret' from nnlsances. — No person shall in this city deposit or throw into any sewer, sewer inlet or {U'ivy vault which has ;i sewer connection, any article whatever that may cause the sewer to i-hoke up or otherwise create a nuisance, ( .M. <".. sec. tilMl.t Action for damages: Thomas vs. Cannery Co.. 6S M". App. H."iu. See also Rev. Code. sees. 2,'!18 and 2,120, as to obstructing sewers forbidden. Sec. GIJ. i'eni'iut'ut lum.sfs, rtc, \\ Iu'm nni>art lher(>of, is not sulTicicnlly lighted or \('niilaied, and pi'oviine water, sliiill lie ileemed a imi- sauce. {M. C, sec. OOiJ.) Ponils are not nuKsam-rs /rr j,- llolkt- vs. Mtiinai). S7 Mo. App. 125. Sec. (ilT. IMHIiy watiT, vtv., whoii iiiii.sancc. — Whenever I'loin anv distillery, brewery, tiimii'ry. hide house, (purk liouse, laundry, lish house, Boap factory or any yard, dwelling;, store nv factory, or any yard or inclos- ure of any kind whatsoever within the liiuits of the city, tliere is discliarged into OP ou any street, avenue, wharf, alley, sidewalk, p;utter or any vacant lot, any tiltliy or otYensive water, smell oi- liquid wasie oi' refuse of any kind of an olVensive character which is oll'eiisive or which is lialile to hecoiue 80, the same sliall he deemed a nuisance. (.M. ('.. sec. (>(l(>.) Dlstlllcrj' may be nuisance: Smiths vs. McConatli.v. 11 Mo. 517. Sec. 61S. Wells and risteriis — wlioii nuisancos. — Any well or cistern on any |)roiierty witliin the limits of tlie city, whenever a chemical analysis shows that the water of said well or cistern is of an iinjiure or iin- wholesome nature, shall be deemed a nuisance. (M. C, sec. 607.) ReopenlnK wells see R. C. sec. 449. The city has authority to abolish wells in the streets and an ordinance to that effect operates as a revocation of previous license to construct same, and an adjoining: owner who had constructed them Is not entitled to compensation: Ferrenbach vs. Turner, S6 Mo. 41G. Sec. Gist. AVihmIs prohibited — niisdcnicaiior, poiialty. — Any owner, les.see or occupant, or any ajieiit, servant, rei)resuiilaliv(! or employe of any sudi owner, lessee or occupant, having control of any lot of ground or any part of any lot. wlio shall allow or maintain on any such lot any growth of wwds to a height td' over one foot, shall be deemed guilty of a misdemeanor, and upon conviction shall he lined not less than ten nor more than one hundred dollars, to he recovereil for the use of the City of St. Louis, hefore any court having coiupetent jurisdiction. ( M. ("., .sec. (j08.) This ordinance Is within the police power of the city to pass and Is not violative of either the federal or state constitution, and is authorized by the Charter: St. Louis vs. Gait. 179 Mo. S. Sec. 620. Lots and blocks only included. — Notliing herein re- lating to wihmIs shall he construed as aiijilyiiig to any jiortion of the city not subdivided into blocks, or to any fields used for farming or gardening purpo.ses. iM. ('., sec. (Vlft. I Sec. 621. How cut and tlisposcd ol". — Weeds when cut down must 1h? removed from the lot and dis[)osed of in such manner as not to cre- ate a nuisance, i M. C, sec. GUI.) Sec. GJJ. Duty of police. — It shall be the duty of all police officers to watch for any violation of the next three preceding sections anil to rejxirt at once all the facts to the oftice of the healili rdiumissioner. i .\I. i '., sec, 611.) Sec. 623. Woefined — The word "weeds" as used herein .shall Im' held to include all rank vegetable growth which exhale unpleasant and noxious odors, and also liigh and rank vegetable growth that may conceal rtlthy deposits. (M. C, sec. G12.) The word "weeds" must be understood to mean what are commonly known to mankind and lexicographers as weeds: the ordinance does not purport to g\ve nn exclusive deflnltlon of "weeds" but on the contrary only attempts to Include certain thinics which mitcht possibly not he otherwise commonly understood aa embraced therein: St. I»ul8 vs. Oalt. 179 Mn. S. 13. 704 JtKVISKIi colli-: OK UIONIiRAL ORIUNANCKS. ICMAP. 11. Sec. 624. Duty of street coniinissioiier to remove weeds when. — It shall be the duty of the .street commissiouer whenever he shall be uotitied b.v the health ooiniuis-sioiier of the existence of weeds on the publie streets and alleys in the city to cause the same to be removed. (M. C, sec. 613.) Sec. 625. Permission necessary to open stone quarry, and to build soap factory, kiln, slau}»hter house, livery stable, automobile shop, etc., etc. — Hereafter no stone quarry shall be opened, or brick kihi built, or soap factory, or slaughter house, or garbage works, or bone factory, or rendering factory, or livery stable, or boarding stable, or sales stable, or any other stable having accommodation for ten or more animals, or structure for the storing, caring for or repairing of automo- biles, motor cars or other vehicles using oil, electricity or steam as motive power, or vitriol factory, or tannery, or candle works, shall be erected, built or established on any lot of ground in the city without permission so to do having first been obtained from the Municipal Assembly by proper ordinance; nor shall any house, shed or structure be used, altered, changed, removed or repaired so as to establish, conduct, oi)erate, carry on or main- tain any such business or occupation therein without simihir authority. Any person, company of persons, firm or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars for such offense. (Ord. 22182, amend- ing M. C. 614.) For Charter .Tiithority see Cliart.. Art. Ill, sec. 26. clause sixth, and sec. 34. Ord. 221S2 amended sees. 614 and 615 of the M. C. and repealed sees. 155, 158 and 157 of ord. 22022 (the building- code) -with which they conflicted, at least so far as provisions foi- livery stables were concerned. The riglit of the city to require the consent of the Municipal Assembly to the establishment of a business of this kind (in that case a dairy) was upheld in the case of Fischer vs. St. Louis, 194 U. S. 361, affirming St. Louis vs. Fischer, 167 Mo, 654. LIverj- stable.s. The former ordinance requiring the written consent of one- half the owners of the block to establishment of a livery stable was held void as a delegation of legislative power, in St. Louis vs. Russell. 116 Mo. 24S, (hold- ing also that a livery stable is not per ze a nuisance). Brlek kiln. Authority by ordinance to operate a brick kiln is no defense where the brick kiln is a nuisance, and the fact that a brick kiln was established before there were any dwelling houses in its vicinity is immaterial: State ex rel. vs. Board of Health, 16 Mo. App. 8: Powell vs. Brick Co., 104 Mo. App. 713. Kiln cannot be located within 300 feet of residence without consent of owner and occupant: Chart., Art. Ill, sec. 34: an ordinance to that effect upheld as reason- able: see below, in paragraph on stone quarries. A prosecution for violation of a city ordinance in erecting a brick kiln within three hundred feet of a resi- dence does not involve the question of a nuisance and does not make that question r« adjndicata as to the city: State ex. rel. vs. Board of Health, 16 Mo. App. .S. A brick kiln is not a nuisance per se, but it is a nuisance in fact when vapors and smoke arising therefrom are productive of material discomfort to the occupants of premises in close proximity thereto, but it is not essential that pecuniary loss should result; Kirchgraber vs. Lloyd. 59 Mo.. App. 59: Powell vs. Brick Co.. 104 Mo. App. 713. Sloiijshter liou.sc One who purchases a house built for and once used as a slaughter house, but which has not been so used for four years, repairs it. and begins the business of slaughtering there, "opens a slaughter house" within the meaning of the ordinance. A house in which people reside as a dwelling house is a residence within the meaning of ordinance provisions: St. Louis vs. Kreutz. 12 Mo. App. 591. See also as to right of city to regulate slaughter houses: St. Louis v.s. Howard. 119 Mo. 41; do. vs do.. 119 Mo. 47: Charter, Art. HI. sec. 26, clause 6; ,/■.. .\rt. Til, sec. 34. AKT -Ml.) OF NUISANCES. 705 sole groiiiul that It Is proliibiti'd by onlinaiuc: Warri'ii vs. CavanaUKh. S:) Mo.A|)|>. sole ground that is prohibited by ordinance: Warren vs. Cavanagh, 33 Mo. App. 1U2. See as to precautions necessary for blasting It. C. sec. 1563. See Charter provisions referred to in above note. (Art. III. sec. 34) providing that no stone iiuarry. kiln. etc.. be operated within 3rti1 feet of a residence without the consent of tile owner and occupant; an ordinance so providing was held to he valid in St. Louis vs. Freln, it Mo. App. 5I1U (memo, opinion). Sec. (12(1. SaiiK' — luiildinjfs— ex('<'i»ti of the M. C. and repealed sees. lau. l.'>6 and 157 of ord. 22022 (Building Code) which was In conflict herewith. License for livery stable see R. C. sec. 2256. Sec. ()27. Manufacture of injurious artioU's proliibitcd. — It shall not be lawful for any perscui, corporation or tirm to erect any build iiig for the purpose of manufacturing or ]U'oduciiig any article, or to manii factufe oi- ju'oduce any article, the manufacture of which is injurious to till- public health, or which, in the manufacture thereof, emits an olVensive odor to the e.vtent of ci-eating a nuisance to the surnniiiding inhabitants, wirhoiit tirst having obtained the ])erinission so to do from llie .\lmiiii|ial .\ssi>mlilv by proper ordinance. ( .M. (".. sec. (ild.) Sec. {\-2S. NuisaiK'i' in g:«'iH'ral, (Icfiiicd- i;very art or thing done or made, jiermiiied, allowed or continued on any ])ropei-ty, public or private, by any person or corporation, their agents or servants, to the damage or injury of any of tiie inlial)itants of this city and not herein Ix-fore siieci- tied. shall l>e d(><'nuMl a nuisance. i.M. ('.. sec. tilT.i The state .statutes after providing certain things tn be nuisances ( R. S. 1S99. sees. 223.1-223S) continues (sec. 2239) "every person who shall erect or maintain any public nuisance ... to the annoyance or lnjur>- of any portion of the inhabitants of this state shall be deemed guilty of a misdemeanor." The state law as to nuisances does not undertake to cover all cases of public nuisances, and as to those not provided for by statute the common law remains In force: State vs. Ball. '>9 Mo. 321. See also note Introductory to this article »s to what Is or Is not a nuisance. 706 REVISED CODE OR GENERAL ORDINANCES. (CHAP. 11. Sec. 629. Definitions of terms used in ai'tide The word "tenement-house," where it occurs in this article, shall be taken to mean and include every house, building or portion thereof which is rented, leased, let or hired out to be occujiied or is occupied as the house, home or resi- dence of more than three families, living independently of one another and doing their cooking upon the premises, or by more than two families upon a floor, so living and cooking, but having a common right in the halls, stair- ways, yards, water-closets, or privies, or some of them. A "lodging-house" shall be taken to mean and include any house or building or portion thereof in which persons are harbored or received or lodged for hire for a siugle night or for less than one week at a time, or any part of which is let to any person to sleep in for any term less than one week. A "cellar"' shall be taken to mean and include every basement or lower story of any building or house of which one-half or more of the height from the floor to the ceiling is below the level of the street adjoining. The phrase "boarding-house" shall be held to include every building and every story and portion thereof which is at any time or usually used, leased or occupied, or intended so to be, by any number of persons exceeding ten, as boarders thereat. The word "rubiiish" shall be held to include all the loose and decayed material and dirt-like substances that attends use or decay, or which accumulate from building, storing or cleaning. The word "garbage" shall be held to include every accumulation of both animal and vegetable matter, liquid or other- wise, that attends the preparation, decay and dealing in or storage of meats, fish, fowls, birds or vegetables. (M. C, sec. 618.) Sec. 630. Penalty for violating provisions of article. — Any person violating or failing to comjily with any of the provisions of this article and to •which no special penalty is attached, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not less than twenty dollars nor more than two hundred dollars. ( M. \ oi-diiiaiuc. and iiiav ciiiploy such oriiccrs, aficuts. servants and assistants, csiablisli tcniiiorai-v Inispilals, pi-ovidc ii('ci'.ssai\v furnituro, medical atteiulaiice and imr.sps as. in the opinion of tlie said coiniiii.ssioiioi-, with the advice and counsel ol' said board ol' liealth. uuiy be necessary and advisable; provided, that the ainouut expended shall not ex- ceed the aiii>i-oiu-iation for the health de|)ai-tnient. The health comniissioiier shall have and exercise such |io\vef until lie shall declare, or until the Mayor shall pioclaini. that the epidemic or disease, in view of which the proclama- tion was made, is no lon<;ei- imminent or prevalent, whereupon the said power shall cease, i M. L'., sec. (ilili.) This is ii reitiiiuion of tlif Cliarter provision: .\rt. XII, sec. 8. See. 6:^4. DtH'Ji.ved or (laiifferon.s ;irli«-h'.s («» l>t> (I. — Whenever any beddiny, clothinj;, putrid oi- unsound meat, beef, pork, tisli, hides, or skins of au.v kind, decayed or unsound vefjetables or fruit, or any other article found within the city, which, in the oi)ini()n of (he liealth conimissioiicr. shall be danocrons to the health of the inhabitants thereof, he shall lia\e the jtowei' and authority to cause to be destroyed any and all such articles above named in such manner as he may direct, and he may employ such persons as he may deem jiroiiei- to remove or de stroy such articles, and every ])erson who shall in an.\ manner resist or iiinder au.v ]ierson so em[)loyed shall be deemed fjuilt.v of a misdemeanor, ami on conviction there(if shall be lined not less than live nor more than one hundred dollars, and all such lines, when collected, shall be jiaid into the city treasury, i .M. C, sec. 023.) See. 635. Heddiii};* t*t<'., liealth, to !»«' val- lU'd ;ni«l paid for. — Whcni'ver any beddiiij;, clotliin<4' or household j;oo(ls ari' found within ilir city, which, in the oitinion of the health com- missioner, shall be dangerous to the health of the inhabitants thereof, and which, in his opinion, should be removeci or destroyed, he shall cause said articles to be appraised and make out a voucher in favor of the owner or owners of such property, and all such accounts, when sifjiied by the health commissioner, shall be examined, api>roved and sif;ned by a majority of the board of health and countei'sio;ned by the president or health commissioner and attested by the clerk, wliereii]ion the auditor shall draw his warrant upon the treasurer therefor. (M. ("., sec. 024.) See. 636. Health eoiuniissioner— powers to abate imisaiu'e. • — Every nnisatice hereinbefore mentioned, declared or delined. is li<'reby jifoliibited. and whenever the Imard of health shall have ofticially declared of record that an.\ nuisance exists \\ithin the limits of the city, as defined by the provisions of this article, the health lommissioner shall iiave the ]io\ver to order said nuisance to be abated or removed, either by lilliii},' uii. draining. cleanina(«' — lieariii}; — penalty for failure to . See t ti f t a sections 642 and following and see St. Louis vs. Flynn. 128 Mo. 41S. Sec. 68S. Street.H and alleys — (•omniissi<»ner to report nui- sanees on. — ^^'heIlevel•. in the opinion of the health commissioner, preser- vation of the health of the inhabitants of the city, or any portion thereof, reijuires steps to be taken to remove any cau.ses that in his opinion are dangerous to the lives of citizens of St. Louis, or where, in his opinion, certain jjiiblic work necessary to be done in a sanitary point of view, or where there exist any ])onds on the dedicated streets or alleys of the city, A\hicli ])onds, in the oiiiiiion of the health commissioner, are nuisances and detrimental to the jmblic iiealth, it shall be his duty to make a report to the board of health, setting forth all the facts in the case, which facts shall Sjiecify what matters, in his opinion, are deleterious to the public health, in what locality of the city they are situated, their character and cause, and the manner, in liis o])inion, in which they should be removed, and, when possible, the estimated cost of work proj)osed to be done. (M. C. sec. iVll.) Sec. 63!). Action of hoard on report. — The hoard of health whenever the health commissioner sliall make any report to them, as pro- vided for in section 038, shall make a careful inquiry into the same; and if. in the opinion of the board of health, the sanitary measures recommended by the health commissioner are necessary and proper to be carried out, they shall so officially declare the same of record, and shall direct the work to be done in the manner as provideard to direet \v«»rk to be done — wlien. — Whenever any sanitary measures are to l)e carried out or work to be done as provided for in this article, the board of health shall by order direct the presidinit of the board iif public ini]>rii\-eiiieiits to cause said work to be AKT Ml I OK ^•^1SA^•('I■:^^. 709 l>.v the ]iresi(l(>iit of the hoard of juihlic iiiiiir()veiiietits, and shall he ap jiriived and si^'iicd liv a niajoritv of the lioiird of health, and when so si^iii'd and a|i|'ro\«'d. that iiortion for which ihe city is lialde. shall lie |iaid oiil of (he fund set ajiart for the aliaii-nii'iil of nnisaiircs on imlilic ])ro|i(>i'l\ and for s|ic(ilii' saiiitarv measures, and the halaiicc li\ s|iciial asscssiiiciils as |ii'ovided in this article. (M. C sec. (il'il. i S. .' t)41 W lirn oiiinion oT |»r(>si«i(>nt of i>o;ir«l of piiblu* iin|»rov«'nn'iit"< s|i;ill <-i>iit rol. — If. in ll pinic f llic |>nsidiiii hoard of piildic iiii|>ro\eni(-nis. the work to lie done, or iln' iiielliod |iro]iast live days helore the time s]iecilied in such notice (except in case of e|ii(leiiiic or ])esiilence, wlien the health lommissioner may. by u'eiieial order, diieii a shorler liine|. (M. C, see. (i:!l.i See. ()4.S. DlaiiiuT of sevvict*. — Such notice shall be served upon said jierson, persons, corpuiatiiui. a;.'ent or maiia;;er in the same manner as wiils of siiiiiiiions are reipiin-d to be servi-d in ci\il cases. i.M. ('., se<". rnt. lessee or occujiant shall be deemed guilty of a mis- demeanor, and upon conviction thereof shall be fined not less than one hun- dred nor more than five hundred dollars: and each and every day after the time specilied in said notice of the health commissioner wherein said pond nuisance exists shall constitute a separate and distinct offense. ( M. C, sec. 0:57.) Sec. (i-lft. Proceedinffs in case of nuisance — notice to board. — \\'henever, in the ojiinion ol' Ihe hiNillh conuiiissioner, a nuisance l)y reason of accumulated filth or from any cause exists within tlit> coi'|)orate limits of the city, it shall be the duty of said health commissioner lo lay such facts before the board of health. (M. (".. sec. (i'.iS.) Sec. 6r)(). Action of boar board of health to consider the same, and if. in the opinion of a majority of the members thereof, a nuisance AKT XU 1 OB' NUIS.VNCKS. 7II exists, as roportcd liv the licallli ronimissioiici'. siicli fact shall lie ofriiiall v so (IcclariMl of i-ccdi-d liv said iioai'd. (M ( ".. sec. (>;{'. I. ) Sfc. ().")1. Notiro to owiUM*, etc., !« abiitc. — In order to cllVc-t tlu' alialciiu'iil of siuii iniisaiici- or iciiiovai of accumiilatcd lillli the lit-altii I'oiniiiissioiier siiall al once notify the owner or owners liiereor of his or their ajient or the lessee or oeenpant of tlie premises upon which such nuisance or accumulated tiltii exists, to abate or remove the same, either hy lilliuf; up, drainin<;. cleaning;, pui'lfyinji or reniuvini,' liie same, as tlie case may lie. i M. ('.. sec. (Ull. i Sec. 1)5"-'. ^laiiiUT of servife. — Said notice sliall ije served on tlie owner or aj^eut or occu|iant havinji ciiarfje of said property, in the same manner as writs of sumnuuis are reipiired to he served in civil ca.ses. 1 M. (\, sec. till. I .Si,-. (i.')3. Penally for failuro t<) abate — heariiifr — special tax-ltill. — If tile person who shall lunc l)een so served wiih such notice shall fail, witliin the linu' indiraled in such notice, which shall i)e dis- cretionary witii said health commissiiuier, to com]ily with such order, or fail to show j;ood cause to said health commissioner why he cannoi or oufrht not to comply with such order, for which purpose lu' shall lie entitled to be heard before said health commissioner and board of health, if he so riMpiest it, he shall be deemed <;uilty of a misdiMiieanor. ami u]ion conviction thereof shall he lined not exceedinji five hundred dollars; ami the nuisance shall be abated and s|)ecial tax-bills rendered ajiainsl the |)i'operiy in the same manntM' as ajj;ainsi non I'csidents, exce])t that m)tice by advertisement shall not be necessary, i M. ('.. sec (ill', i See. 654. Notiee 1»\ piiblieatioii. Il smh service canuol be made for the reason that the owner. ajLjent ov other person ha\iiii: charge of the property on which the nuisaiue may exist cannot be found in the city, of which fact a return upon such notice of the officer serving the same shall Ix- conclusive evidence, then the health commissioner shall cause such no- tice to 1m^ ]iublished in the newsjiapers doin;; the i-ity |irinlini; for \\\ n cdusecni ive days (Sunday excepted 1. iM. <".. sec. (!4.'!. 1 Sec. C55. I'nieeediiifjs where owner fails to abnte — eost as .spoeial tax.- -If wiihin two days after the service of such notice, or aftci- its |iublication. as aforesaid, such nuisance shall not be abated or the order obsei'ved by the owner, agent or occupant, then the health com- missioner inay (U-der the same to be doiu' as hereinafter directed; and the cost of the same when fully completed, shall be ascertained under the di- rection t)f the jiresident of the board of public imiirovements in the same manner as special tax bills for street imiirovements; •■md the amount thereof shall be asses.sed as a special tax against the projierly so im]iroved, or upon which such work has been done, in the name of the owners thereof, of which the books of the assessor shall be proof, and the cerlilied bills of such assessmeni shall descrilM' therein the pro|ieii\ upon which the work was cliiiie. I .M. ("., sec. ((44.) The city cunnot fXerciao the power to abate nuisances wliere the owner faUs. and 4*nforee a reimbursement of the expenses by a lien on the lot. where the nulsanee was created by the city Itself. The cit.v cannot create a nuisance on defendant's lot and then rei^ulre him to abate It at his own charsre: Hannibal vs. Richards. Sa Mo. App. l.i; Hannibal vs. Richards. SI Mo. .1S6. 712 REVISED CODE OK GENERAL ORDINANCES. ICHAP. 11. Sep. 656. Special tax-bills a lien. — Said liills shall be recorded and sliall ho roliected and paid as ja-ovidcd iu the charter in relation to the collection of other special tax bills, and shall be a lien on said propertv. (M. C, sec. 645.) Sec. 657. Record to be kept by health coinniissioiier — It sliall be the duty of the heal I h coiiiiiiissioner to keei) a record of his pro- ceedings in all cases of abatenieni of nuisances ordered by him. ('SI. C., sec. 646.) See. 658. Apportioniuent of cost. — The cost of abating nuisances on ])rivate jiroperty shall be levied and assessed uii each lot in jiroportion to the amount of the work done and material used in abating the nuisance located on such li>t. i.M. C. sec. 647.) Sec. 659. Same — pond nuisance abated by drainajj:e. — When a jiond nuisance is abated by drainage, the total cost of the work and ma- terial used for the jiurpose of draining, shall be levied and assessed on all lots which were in whole or in jtart covered by the water at the time of the condemnation of said pond by the board of health; each lot to be assessed proportionately 1o the area of such lot covered by water at the time of its condemnation by the board of health, and such drainage may be conducted to a public, joint district ,or district sewer, or natural waterway. i^I. ('., sec. (US.) Sec. 660. Same— cost where pond nuisance abated by lillin.u-. — When such pond nuisance is abated by tilling, the total cost of tilling )*liall be levied and assessed on alj lots on which such tilling has been done, and each lot shall be charged ]»rojiortionately to the quantity of material de- ]iosited on such lot, and sncli tilling shall be carried up to a point where the water on the lot can be drained into a ]niblic. joint district, or ilistiict sewer, or natural waterway. ( M. ('., sec. (Uil.) Sec. 661. Same — separate assessnu^nts — when.— When a {xnul nuisance is abated by both draining and tilling, separate as.sessments shall be made for draining and tilling in the iii.uiner hereinbefore jirovided. (M. ('.. sec. 6r.O.) Sec. 662. President to contract to abate nuisance — when. — ^^■hen the nuisance to be abated, discontinued or removed, is laused by de- fectively and illegally constructed privy vaults or cesspools, or is caused by defective, broken, leaking or improperly constructed private sewers, or is caused by failure to connect any building or lot with a jniblic. joint district, district or jn-ivate sewer accessible from the building or lot, or where a nuisance to be abated is caused by an illegally constructed, de- fective or dangerous iiliunbing or sewering on any premises in the city, or where the nuisance to be abated is causr^l by the accumulation of tilth in any building or lot of ground in the city; then, the president of the board of public improvements shall have the power, and it shall be his duty to enter into a contract for the abatement or removal of such uuisaTice, in sncli manner as is hereinaftei- jn-ovided. (M. <\, sec. 651.) Sec. 663. When vaults and cesspools to be reconstru<*te«l — All defective, illegal vaults and cess|)ools shall be reconstructed in the man- ner as prescribed by the ordinances of the city in relation to vaults and cess- ])ools. I M. C, sec. 6.52.) Ai;r. xiii.) Ob' i>p:.\ii animals. 71( Sec. t>i>l. \\ lifii |>ri\ii(»' s«-\>«Ts l<> l)«' i-«>4-oiis| ru4(<>vi6.'). W lu'ii pliiiiihiii^', «'(i-., 1<) Im' rcphxril. All illegal, (lefectixe anil (lan;;eii>ns |ilnniliiii;,' anil .sewcrin;^ nn an,\ prcMiises shall he if'cnnstrncleil anil lejilaceil in the nianner as (H'cscriheil h_v the ordinances III' the ritv in 1-elaliciii to |ilmnlpiii^' and sewei-inLT. I .M. < '.. sec. (>ri4.) Sec. G6(>. Cost to ln' r«'rt ilh'd. -The cost ol' all woik as aiKlmr- i/.eil l>v the |irovisions ol this aiticle shall he made nji and certitied to liy the |i!-esidenl of ihe hoard of piihlic imin'oveinenis. i.M. ('., sec. tirio. i For authority for those sections rolatlng to spcrial tax-bills for almttinint of niiisanc'i-s see Charter. Art. XII. sees. 6 and 7. Sec. (iGT. Special tax lull.s made out — how. Si.ecial tax hills :l<;ililisr Ihe proiieilv n|)on which the woik has heeii done shall he made oul liv the ]iresiileiit of the iioai'd of |iiihlic iiii|iro\ eiiients in like manner as oilier s|iecial ta.K bills. iM. ('.. sec. fl.-ill. i Sir (iiw (out factor — rij;lil ol to ♦'liter premises — <»l»stni<-tioii iiiis«|«Miieanor. — Whenever any nuisance has Iwcn ordered to lie almtcd nniler the |irovisions of this article, and the |iresii|eiit of the hoard of |iiililic iiii|>rovenienls has awarded a contract for doin^' the work, the contractor, his ao;ents and ein|(lo.\es shall have the riolil to enter ii|ion the iiio|iert\ on which the iiiiisaiice exists, for the imrpose of ahatiiif; Ihe same, and any jier- soil or pel-sons interfei-iiig witii or liiiideriiio or obstruct iiio; the couractor or liis ein|iloyes ill Ihe perfonnaiicc of the work of abatiiif; the nnisniice. shall be deemed ^iiiilty id' a inisdemeaiior, and iiiioii coiniction thei-eof. before either of ihe police justices of the city, shall be lined not less than twenty nor more than tiM- hnnilred dollars, tiie same to be collected and jiaiil as other lines for iiiisdeineanors as are now |iio\idcd for 1(\ law. i.M. ( '.. sec. ('>.~)7. 1 Sec. G69. ( 'out r;icl tor work. -All contracts for work contcm- plaleil liy tiiis article on which special tax bills shall be issued shall he eiilered iiiio as pro\ iileil by section seven of article Iwelve of the charier. I.M. <•.. s<'c. i;.-)8. ) See note at the beglnnlPK of this artlele. .Mrrici.i: .\i 1 1. OK CARCASSES OK I)KA1« .\.\ I.M.\l..s. .\.\|. CARBAOK OU OKFAU* 'Those provisions In the Miinlrlpal I'ode relating to Barbanre ami slops whlih were formerly Incltided In this nrtlrle as pertalnlnK to the Health Pepartnunt were rt'nilered niiKator>' by the ileelslon In State vs. Butler. ITS Mo. 271.'. hnlillne that the Hoard of Health could not make any contrai't for disposal of j^arbage, and those duties were transferred by ordinance to the street department whero they now appear: See sees. 1196 and followlnK. Sections S't to 703 of Mun. Code were repeaU-d by ord. 2H20; and sees. 704 to 7iis 4»f Mun. Code, as well as 709 to 714. are not Iniluded In this revision because thi'V were special ordinances which expired by time, and they have been supersfd*-d by later ordinances: sees. of M. C. from 674-711.1 were repealed by ord. 20476. which so far as Its substantive provisions went was d»'clare«l Invalid In Statf vs. Huth*r. lupra. and was th»'re- afti-r repealed by ord. 21417. 714 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 11. Sec. (J7U. Burying animals within city pi'ohibited It shall not be lawful for any person or persons, firm or corporation, to bury the body of any dead horse, mule, cow, ox, goat, hog, sheep or dog, anywhere within the limits of tlie city. (M. C. sec. 651).) See. R. C. sec. ."i9S as to keeping dead animals oft of streets, etc. Sec. 671. Same — on lots forbidden. — It shall not be lawful for any owner or owners, or his or their agents, or any tenant or any other person to bury or permit to be l)>iried the carcass of any dead animal on any lot of ground oi- yard within the limits of the city. ( M. C, sec. 660.) See. 672. Animals buried in lots to be removed. — When- ever the health commissioner shall have information that there has been buried on any lot of ground or yard within the limits of the city the carcass of any dead aninuil, he nuiy require, bv order, the t)wner, agent or tenant of such lot of ground or yard to have such carcass disinterred and removed to a proj)er i)lace to be steam rendered. Any person or persons, firm or cor- poration failing to com]ily with the order of the health commissioner shall be deemed guilty of a misdemeanor. (M. C, sec. 661.) Sec. 673. Same — cost. — If the carcass of any dead animal is found to have been buried upon any jjublic street or alley in the city, or upon any lot of ground or yard, the tiwner or agent of which cannot be found, the health commissioner shall have the power, if in his judgment he may deem it necessary, to have the same disinterred and delivered to the contractor for the removal of dead aninuils, the cost of said distinterment to be i)aid out of the fund for the abatement of nuisances on juiblic ju-operty. (^I. C, sec. 662.) Sec. 674. Penalty. — Any pt'rs(ju or persons, firm or corporation, vio- lating or failing to com])ly with any of the ])rovisions of the four ])receding sections shall lie guilty of a misdemeanor, and, u])on conviction, shall Im' fined not less than two hundred nor more than five hundi-ed dollars, the same to be recovered for the use of the City of St. Louis before any court or officer having competent jurisdiction. (M. C, sec. 663.) Sec. 675. Duty of police. — It shall be the duty of the police to watch for and arrest all persons found violating any of the provisions of the above sections. ( ^I. ('.. sec. 664.) Sec. 676. Repoi't as to carcasses to be made to board of health. — It shall be the duty of all agents and employes of the board of health, and of all jiolicemen, to re])ort to the board of health, any carcass and the remains of any dead animals which they may find, or of the existence of which witliin the city limits they may be informed, as soon as may be, and within three hours after such fact shall come to their knowledge, and the board of health shall enter such report in a book to be kept for that purpose, and designate therein the locality, as near as the same can be ascertained by them, where such carcass or remains were found, also, the hour when reported. (M. ('., sec. 665.) This seotion and the following one were amended by ordinance 22580. ap- proved Oct. 12. 1906 (after the submission of the ordinance in revision to the assembly, so that it was too late to incorporate the amendments in the revised code). The amendments are aimed to bring the matter within the street depart- ment as well as board of health, and so as to harmonir'.e with the ruling of the Supreme Court in the case of State vs. Butler. 178 Mo. 272. See this ordinance set out in the appendix to Revised Code. AUT XlII I OK nKAr> ANIMAUS. 7J5 iSfi". 1)77. ('«• iiotif'uMl — «lut> of Thf ntonsaid Imok shall :i( ail liiiics 1k' i(|)t'ii ti> llic iiis|p('cl ion of ilic piililic, and every [iiTSdii may r<']inri tlu' cxistiMu-i' of any carcass m- llic i-cinains of any dead animals « iiliiii llic city limits, ti) the ch'rk dT the l>()ai-d of hcaltli. or lo any jioliccman nr ai any police station, with the jiefsoii in cliar}i;e thereof, who shall immeiiiately repoi-t (lie same at the oltice of the Itoard of health, and also iiolil'x the conliactor lOr the removal of dead animals to n'iiiu\c llic same wiiliin six lioiiis. of dayli^hl time, after receiving siicli nolicc. and iijion the failure of snch contractor to i-emove smli dead animal williiii the lime and mannei- in this article specified, snch conlraclor shall he deemed finilty of a inisdemeanoi', and on conviction ihereof he shall lie lined not less than tliirty dollars for the tirst oll'eiise, and for every snl)se(|neiit otlense fifty doliai's. lo lie recnvei-ed as fines bofofe the police courts, i M. ('., sec. <;»;•;".) See preceding section. See. 678. Carcasses not t<» bv rcinovt'd. — It shall not be lawful lor any person, co-partnership of jiersons. or corporation, to remove, tlay. sieani-render. or in any other manner dispose of tiie carcass of any dead animal which lias lieen aliandoneil hy its owner, or has liecome a nnisance, and which is found lyinj; ii]ion the streets, alleys or piililjc- places of the city, or on pri\ate premises therein. (M. ('.. sec. (it!7. i Sic. 671). (iircassos — roiuo\;il «>r iiiuItT inTinit. — Any jjcrson c»)partnership of jiersons. or corporation, desirinji to remove the carcass of any dead animal, in whole or in jiart. and owned liy snch per.son, cojiart- nershi|i of |iersoiis or corporation, ami lyinj; iijion the streets, alleys, or puli- lie places of the cily. iir on jirivale premises therein, shall make a|)plicaliou to the health commissioner lor a permit so to do. stalinj; the kind of carcass or animal to lie removed, the ])lace to and from which the same is to lie taken, and the character of the pi'odncts to be derived from the same, and shall {jive a bond to the city in the snin of five thonsand dollars, to be ap- proved by the Mayor and Council, and conditioned that none of the prodncts of the carcass or parts of the carcass of snch dead animal shall he eniiiloyed or sold 1>\ ilieiii for the ]iiir|ioses of human food, and that all };reas(» or other |irodiicis rendered or maiinfact nred or jiacked for use. or traiis|iorled to or from the niarkel in the city or elsewhere, shall be branded with a biiriiino; brand as follows: "rroduct of dead animals. St. Louis." i .M. ('.. see. GtiS.) Sec. 6S0. CarraHses — nianiuM* <»f removal of. — All permits to remove a dead animal as jinivicled by this aiiicic shall be sif;ned by the health commissioner and attested by the clerk of the board of heallh. and no such dead animal shall be removed except in covered wa};ons. well I'ov- ered with tarpanlins or otherwise, and in the most inotl'(>nsive manner ]ios- sible. Th(> drivers of teams conveyin<; ;iway carcasses shall not stop on the way nnless detained by some accident, i M. ('.. sec. (ili!!. i Sec. 6S1. r«TmiI iiia.v In- rrcalU-d. Tlic health < ommissioner may at any lime recall such perniil if any of tlu- rules or onlei's of the health coiiiiiiissioner are \iiilalcil. i M. (".. sec. Vt~i).\ Sei". G82. \\ Ik'Ii «'arca.s.Hc.s are not it* he ii.sed lor lootl. — No jHM'son, eoparlnership of persons or corporations shall, in tlu' City of St. Louis, (lay. nit up. sell or maniifactnre into linnian f ( iiin.striiing- this onlinancc). AUT. XIII. ] GARBAGK A.\M> OKFAI. 7I7 See. 6S(j. AVIuT*' «;;irl>ajir aiul otlal iiol to l»t' placed — pt'llSllty. — No |it'rs»iii, linn or roi'iioial ion s|j;ill ilirow. rasi or deposit any nai'lia",'!' or oll'al of an.v kind wiialcxi-r into or on any finllcr. sli'cct. alley, |inl(lie place, \acaiil lot or walei- loiirse witiiin Ilie liniils ol' llie lily, or into the I{i\t'r lies I'd-es of the .M ississipjii vivef inside Ilie lioundarii's ol 1 lie iit\ : any pefson \iolatiiij; llie ])fo\ isions of this seel ion shall he deeiiu'd ^.'iiilty ol' a misdemeanof, and upon eoiivietioii liiereof shall he lined not less ihau teit dollars nor inoi-o tlinii one hundred dollai-s; and each violation thereof shall constitute a sejiarate olTense, |ninishahle as providiMJ herein. ( lb., see. 2.) Sec. tJST. Kot'eptiicU'.H lor <4:arha};«', «'tc., (o be |»r<»\ idrd.— Ii shall be the duty of every owner, tenant, lessee and occnpani ol any .imt e\t>ry dwolliufj:. teneineiit house, lod-jiii}; house, hoiel, resiaurani and hoard iiii: house to pro\ide and at all times cause to lie kejit and provided, williin such liuildiii}; or on the lot on ^^hich said huildin^ is erected, siiiiahle and suflicieul hoxes, harrels or tuhs lor the rectM\ inj; and lioldiiifi. w illiont leak- aire and \\illioul heiiijr tilled to within four inches ol Ihe lop. all the f^ar- hap'. otl'al or liiiuid suhstances derived therefrom thai a<( uinulates on said pri'inises within a period of thirty-six lio\irs. and all such hoxes, tuhs m- harrels shall he jdaced at all times in such places as to lie feii(lil\ access! hie for removal and emjityiu};. and where they .shall noi he a juihlic nuisance; and no person not for that pur|>ose auilioi i/.eil shall interfere with Iheni or with tlie contents thereof. Any jterson violaliiifi the provisions of Iliis sec- tion shall he deemed jjuilly of a misdemeanoi-. anil uimui conviction shall he lined not less than live nor more than fifty dollars; and each violaiion thereof shall constitute a separate otteiise. ]iunislialile as provided Iicicmu. I tf).. sec. :'.. ) See. 6.SS. ('(Miilit ions I'oi- Iiaiiliii^ ^arl>a<>-4', «-t<-., (Iintii^li flu* .Htrt't'ts — carts, waj^oii.s, vir. .Ml jiarhajii- and olVal shall he removed, and hauled throujjh the streets of the city in water-tijiht carts, wafjons or harrels only; all said carts or waj,Mns shall he sironjriv huilt. and the sides and front and rear ends shall he so liij;li ahove Ihe load or contents thai no part of such conlelits or load shall fall, li'ak or spill Ihei'elfom. and said carts or wapuis shall he adcipialelv and ti;:lillv covered, and all harrels or tuhs shall have til<'. — No jierson or persons. shall haul or remove •,'arlia;;e or oll'al from hotel.><. 718 REVISKD CODE OR GENERAL ORDINANCES. [CHAP. 11. and under the regulations as provided for by this article. No license shall be issued by the collector (license collector) for the removal of garbage or offal unless the parties aj)iilyiug for such license shall first tile with the collector (license collector I a certificate signed liy the hoard oralions desiring to have their garbage or offal removed by persons other than the contractor, or any persons, firms or corporations (lesiring to haul or remove garbage or offal, shall file with the board of health or chief sanitary officer an application, which application shall state at what point the garbage or offal is located; to what ])oint within or without the limits of the city it is proposed to remove it ; the number of cai-ts and wagons proposed to be used ; the location where the carts, barrels, wagons or tubs are kept when not in use, and that said offal and garbage is not to be fed to animals within the limits of the City of St. Louis. On the filing of such ajtplication the chief sanitary officer shall furnish to such parties a certificate to be filed with the collector; the number of which cer- tificate shall corresi)ond with the number on the application, ilb. sec. 6.) Sec. 691. Metallic liceii.se plate to be displayed All carts. wagons or other vehicles that shall be used in hauling garbage and otfal from hotels, restaurants, boarding houses and dwelling houses shall have displayed on one side thereof metallic plates, having cast thereon in raised letters the words: ''Licensed to remove garbage," and the figures indicat ing the number of the plate and the year for which the license is issued, which metallic jilates shall be furnished by the city register to the collec- tor; the I'ecord of such metallic plates shall be kept by the collector, and the number of the license shall correspond with the number on the metallic plate. Auy person failing or neglecting to conform to the provisions of •this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten nor more than one hundred dolhns, and each violation thereof shall constitute a separate offense, jpunisluiblc as provided herein. (Ih. sec. 7.) Sec. 692. Duties of police and jj'Ti'l'i^fJTt' inspector — It shall be the duty of the police to see that the provisions of this article are com- plied with, and it shall also be the duty of the garbage inspector to see that no garbage is jiermitted to remain upon the premises of the residents ART. XIV— XV.l OF VITAL STATISTICS. 7I9 of the citv. Mild in rr|Hiri in llic lio:iril dT licallli all \ioliiiiuns nl' this arti- cle tliat may coiiit' iiniliT his iioliic \lb.. sec. .S.I Sit. G!i;i. Issiian<'<> of li. — All liiviisi'.-; to remove !' Uirtiis ami rescribed bv this article shall make the same within the time as prescribed, and any jierson who shall fail to make such rej.ort or to comply with any of the lu-ovisions of (his ai'ticle shall be deemef. C, sec. 71!). I See note to tliis article on preceding page. Sec. 699. When rejfistration may l>e refused Whenever the health commissioner has reason to believe that the certificate exhibited is not genuine or has not been legally issued to the person presenting the same, he shall refuse to allow, the person presenting the certificate to be registered and shall forthwith refer the matter, with all the facts in the case, to the board of health, which, after a heariug, shall deiide whether said ])erson shall be allowed to register, and if the boai'd of health shall so decide, it shall direct the health commissioner to allow said person to register, but if in the opinion of the board of health said j>erson should not be allowed to register, the health commissioner shall not permit said person to i-egistei-. i M. ("., sec. 72t1. i Sec. 700. Failure to comply — penalty Every i>ers()n who shall practice or attempt to practice medicine or surgery in this city without first having complied with the provisions of this article, shall be deemed guilty of a mis-iied. — It shall not be lawful for the health commissioner or his cleik til sign any burial certificate signed by any other than a regis- tereil |pliysiciaii. i .M. < '.. sec. 7l'li. I Sec; 702. Interment without certificate forbidden If any overseer, sexton or other j)erson having control of a graveyard .shall per- mit any person to be interred in said graveyard without a certificate sigued by a registered physician, and countersigned by the health commissioner or his cleik, he shall be deemed guilty of a misdemeanor, and upon con- viction shall be fined not less than twenty fi\(' dollars nor more than five JiundT-ed dollars, to be recovered as in other cases of misdemeanor, before any court or otficer having comj>etent jurisdiction. |il. C, sec. 7'2S.) Sec. 70;!. Midwifery — conditions of practice.— Hereafter it shall not be lawful for any person to pi'actice midwifery, unless such i)erson shall first register her name and place of altode in a book in the oft'ice of the health commissioner, kept for that jjurjiose. but no person shall be allowed to register as midwife who shall not first file a diploma I'l-om some school of midwifery in good standing, or a certificate signed by at least two regislt'T-ed physicians, which certificate shall state that the jtarty named in the certiticate is in their opini(Ui (pialified to ])ractice mid- V ilery, and any jterson who shall practice or attempt to practice midwifery AltT XVI.I OF IIOSI'ITAO. INSANT; ASVl.f.M AN1> I >ISPENSARIKS. yjl williiillt lirst li;i\ in;; ( niii|iliccl willi llif |iri>\ isiuiis 111' litis Mlliclc. slijill 1)0 ilftMiicil ;;)iilt,v ill' a iiiisdi-iiicaiioi'. anil ii|iiin roin iil ion shall l>c lliii'il not less than twt'iil\ live ilnllais mir more than lil'iy dullars. ^.^^. (_'., see. l\li.j Sec. 704. l)ruy:y;iHts (<» <-4Miipl.v with artu-U'. — Nothiiifr in this arti<'l»> shall In- so const rncd as In |)crniir any (li-n;;';iisl to . ) .MvTIil.i: .\\ I. Ol" I'lTV HOSPITAI,. FI:M.\I,10 IIOSl'lTAl.. INSANIO .VSYLUM A.\ I i 1 ' 1 SI 'ICNSARIIOS.* •As to stationing of two tln-nien at oacli of tlip various city Institutions s<-e Rev. Code. sec. 288. Ordinance 22998, enacted after the Revised Code, provides for tlie regulation of private hospitals, sanitariums, lylnff-ln estatillshmonts, retreats, etc.. and homes or Instltutlon.s for the care of orphans, foundllnss, etc.: See this ordinance In the appendix hereto. < >Ni;— <;k.\i:i:.\i, i'rovi.sio.ns. See. 70.'>. Hospital fuiul d 1>y ordinance. (M. C. sec. 72S.) S.M'. 706. SaiiU' — ."iuiii set asuh' annually. — On or licforc the lifte«'ntli day u( .May, of each year, the conipiroller shall iranst'er Iroiii municipal reveuuo to fund for the erection of hospital liuildin};s an amount e clerk of the health commissionei' and hoard of health, whereupon the auditor shall draw his warrant upon ilic treasurer fm- the amount thc-reof. On or hefme ihe lentli da.\' of each month the health commissioner shall snlimii lo the lioarti of health a statement showin;; the e.\pendittn-es of the various divisions of the health department feu- the previous month, and a copy of the pay-rolls for the previous month, and if the l>oai-d of hetiltli is of the o|dnion that tht; expenditures are excessive or unnecessary, it shall, if the majority of said hoard so decide, refer the whole matter to the Mayor, who shall take such action as he may think proper, i M. ( "., sec. 7.'U.i 722 liKVisioD COD1-: ok general okuinan-cbs. [Chap. ii. * Sec. 709. Health commissioner — power to make rules, etc. — The health coiuiinssioiier. with tlie adviie and apjii-oval of tlie board of health, .shall jirescribe the condition of admis.sion to, and make all necessary rules for the government of, the hospitals, dispensaries and in- sane asylum. CSL C, sec. 732.) See Cliartfi-. .\rt. XII. sec. 4. Sec. 710. Stvidents of medicine— rules of admission of Students of medicine, when accompanied by a professor of any of the medical colleges in this city, all of who.se faculty are registered physicians, as provided by this chapter, may be admitted to the wards and lecture rooms in the hosj)ital at such hours and days of the week as may be designated by the health commissioner; but no lectures shall be held in the presence of the patients in said hospitals. The health commissioner shall designate to the respective medical schools visiting said hospital the days and hours they will be respectively allowed to visit said hospital. The health commissioner shall have power to suspend the exercise of the j)rivilege herein granted to medical schools for any violation of estab- lished rules, or for any failure to complv with the jti'ovisions of this article, {^l. C. sec. 733.) iSec. 711. Surgical oi)eratious— conditions of performance of. — J\0 surgical operation shall be ]>eriormed in any of the hospitals belong- ing to the city without the consent and indorsemeut of the superintendent thereof, nor shall any capital operation be performed in such hospital with- out the consent and indorsement of the superintendent, and ui)on consul- tation with one of the consulting physicians or one of the medical members of the board of health, except in cases of emergencies. (M. C, sec. 734.) Sec. 712. Clinical lectures forbidden No clinical lectures shall be delivered at the bedsides of the patients, or in any wards set apart for and occupied by them. (M. C, sec. 735.) Sec. 713. Traininy school for nurses — pupils to be ad- mitted to hospital — The pui)ils of the St. Louis Training School for Xurses shall be admitted to the wards and lecture rooms in the hosjtitals under pi-oper rules and regulations to be fi'anied by the health commissioner and apjirovcd by the board of health. (]M. C, sec. 73G.) Sec. 714. C^hildren — ^vhen parent of may nurse. — Whenever it shall be necessary to send to any of the hospitals any child under ten years of age, the health commissioner shall have the power, if he thinks proper, to allow the parent to go to the hospital and remain and nurse said child, i M. ('., sec. 7;{7. 1 Sec. 71.'). Xurses— rules of selection of — superintendent — salary,* — All nurses employed by the city may, to the extent that the in- stitution will supjily the same, be selected from the ]iu|iiis of the St. Louis Training School. They shall he ])aid monthly installments, the amount now s])ecitied by or(linanc(> I'oi- coi ■res|)onding positions. A residence in the city fur two years shall not be necessary to entitle one to appointment under this and the next ])recediug section. One selected from said institution shall be called sujierintendent of nurses, and shall be paid [forty**] dollars per month, and the duties of the |H)sition shall be defined by rules and reg- ulations prepared by llie liealtli coiiiniissioner and ajiiu-oveil by the imard ART. XVI.) OF HOSPITALS. INSANIO ASVIA'M AND DISPENSAUIKS. 723 of liealtli. All uppointiiu'Uis umlfr this artiok' shall lie iiuult' liy llu' licalili coiniiiiasioiK'r and apinoved by tlie board of health. (M. C, sec. 738.) •Onllnanof l':!935. iipprovcil Murili 'il, 1905. enaitiil aftrr tlio Rovlsi'd Code, provides for uddltlonal nurses und Is as follows: The Health Commissioner, with the approval of the Board of Health, may appoint for service In the City Hospital, under the superintendent of City Hos- pital and the Superintendent of nurses, one assistant superintendent of nurses, one surifleal operating nurse, three night supervising nurses and three day supervising nurses, each of whom shall be gnuUiated trained nurses, and shall be paid tlfty dollars per month, and shall perform duties which shall be dellned by the rules and regulations prepared by the Health Commissioner and approved by the Hoard of Health; the saUl salaries to be paid out of the fMnds appropri- ated for salaries In the Health Department. ••Now seventy-tlve. By ordinance 23001 (enacted after the Revised Code) the above section was amended raising the salaries from $40 to $75 per month. Slm'. 716. ('onvah'Hct'iil paMoiits may hv r female hospital, a superiu- teiulent of the insane asylum, and. whru neicssai \ , a sii|iei-iiiteiideiil of quaraiiline, who shall hold Iheir olVices for a term of four years and niilil their suceessors are apjioinied and ijualilied, (.M, (',, see, 74tl,) See Charter, Art. Xll. sec. 5. For assistant superintendents see below. See. "IS. HoikIs of .siiperiiiteii(U'iit.s. — Said siiperiuteudents shaU eaeh j;ive a bond to llic city in the sum of live thousand dollars, <-oii- ditioned on the faithful diseharf;e of their duties and airoiiniinu (d' all property to the eity wliieh comes under their possession or under their control; said bond sliall be secured by two or more sureties, who shall be liolders of unincumbered real estate iu the city, and shall be approved by the .Mayor and council, (M. C. sec, 741.1 Sec. 71'J. SalarieM of .HiipcrintciKlciit.s. — The suju'rintendent of tlie city liospital, the snpeiintemleiil of the female hospital, and the sn|)ei- intendent of the insane asylum shall each I'eceive a salary of two thou sand dollars |ier annum, payable monthly. Should the board of health at any time lind it neces.sary to appoint a superintendent of (|narantiiie, and should so determine, and ervisioii of the health commissioner, i M. C. sec, 74:!.^ Sec, 721. First a.ssistaiits :it citN liospital — ((iialiticat ions — salary — tonurc. — Tin- Ifalth .■.inimi.----ioii. r with thi- ajipi-oval of the board <>{ health, shall appoint two tirst assistant physicians at the city hospital. I-^acli shall have had two years' experience at the St. I.oiiis 724 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 11. City Hospital. Tlieii- conipensation shall 1m' at ilie rate of cue hundred dol- lars a iiioiitli, and tlieir term of service shall lie limited to two vears. (Ord. 21812.1 Sec. 722. Control <)f piitients by siiperinteiidents. — .Subject to the rules prescribed by rhe health coiiiiiiissioner. said superintendents shall have entire control of the patients in their respective institutions, shall be responsible for their welfare, and shall take care of them [iroperly. and tliey are alone authorized to discharjre patients from the institution. i.M. ("., sec. 744.) Sec. 723. Control and atients in the hospital the salary shall be one hundred and fifty dollars jier nuuith. and at sinh times it shall be discretionary with the health commissicuier to reipiire the superintendent to ])erform the duties of steward and ilerk. Such conijiensation shall be ]>aid upon a jiay-roll didy certified by the su)ieriutendent of (piarantine signed by the health commissioner and approved by the board of health (M. C. sec. 747.) See. 726. Salar.\ from what fund. — The salary of tlie superin- tendent of (juaraniine shall be paid out of tlie aiipropriatioii made for salaries of employes of (pi.-iraiiline and smalljiox hosjiiial. i .M. ( ".. sec. 74S. i See. 727. Salary run.s from nt (|ualitied. i .M. ('.. sec. 74!t. I See. 72S. Assistants to superinten si-rxc lor one _\f;ir, unless sooner re- iiiovimI Ip\ ilic licalili I'liiiiiiiissioiicr. S;ii(i jissislaiils sluill be ■jraduates of soiiii- I't'^iiliii' iiuMlii'iil school, iiiul shall pcrroriii such ilulics as iiiav he i-c<|uir('(l of thcni. They shall rcceivi' lioanliiif; and washing al the hospital, hut 110 salai'v shall he allowcil said assistants. One of said assistants shall speak the (ieiinan and i;nj;lisli lan-iiiajies llueiiily. .V resint. — The position a( assistant supeiiniendent of the insane a.syhini is hei-ehy cfealed. The heallii eoinniissionef shall api)oint a physi- cian to till the jiosilion. said ap])oiiitnient to he appi-oved by the board of health. (Ord. L'(I4.">4. sec. l.i Sec. 7:>0. SaiiK' - qiialilicatioiis. — The assistant sn]iei-inteiid- ent of the insani' as\ liiiii shall lie a j,'i;idiiate of niediciin- and shall have had at least six months" exjierienee as an assistant al the insane asylum, and shall have iM'eii a resident of this city for at least two years )irior to his appointment, ilh. see. '2.\ Sec. 7:>1. SaiiH' — cliiti(>s aiul iM>u»'rs. - The assisiani su[)eriii- tendeiit of the insane a.syluin shall ju'rlorm such duties as may be pre- scribed by the health commissioner with the ajijiroval of the board of health, and in the absence of the sniierintendeiii sljall he in charge of the asylum. 1 //*. sec. ."{.I Sec. 7:!2. Sanu» — salary — fnriiislnMl hoard and washiiifj. — The salary of the assistant su]ieiinteiidi'in ol ilie insane as\luni shall he .seventy-tive dollars per month, and he shall recei\c Imard and washing at the institution, (fh. sec. 4.1 Sec. 7:5;}. Same — tenure of position — suspension. — The as- sistant sn|ierinteiideni of the iTisane asyluin may lie suspended by the su- perintendent for neglect of duty or violation id' rules, and when the su|>er- intendent shall suspend the assistant, he shall at once report all the facts in the case to the health comnii.ssioner. who may take such action as he may deem projier. The assistant sperinteiideni of the insane a.syhim shall hold his position sidiject to the pleasure of the health commissioner, illi -see. ."i.) THREE— FEM.\LE HO.SPITAL. Sec. 7.i4. Female hospital cstaldislu'd. The institution hereto- fore known as the -Social i;\il llosjiiia! and House of Indtistry" shall he hereafter known and desiirnated as the "Female Hospital." ( .M. ('., .sec 7.".I.i Stntf- Inws KOVcrninK "Soclol Evil Hoapliul ami House of In" set fortli under "Law.'i .Spoclally Applicable to St Louis." Chap. 13, anif. p. 101. sees. 350-S3I. See. 735. For females exelnsively. — Said hospital shall be used exclusively for the reception of females, and no mah" patient shall l>e received therein under anv circumstances, i M. ( ',, .sec, 7ri2,) 72C REVISED CODE OR GENERAL ORDINANCES. [CHAP. 11. See. 736. Eiiiployiiieiit. — Each inmate committed to said hospital may be employed at such needlework or other useful industrj- as she may be able to perform. (M. C, sec. 7.53.) Sec. 737. Patient may remain until, etc Auy convalescent inmate so desiring may, with the periuission of the health commissioner remain a sufficient length of time to enable her to procure employment, or until she can be placed in communication with her friends. (M. C, sec. 754.) Sec. 738. Office of assistant superintendent createtl.— The position of assistant superintendent of the female hospital is hereby created. The health commissioner sliall appoint a physician to till the position, said appointment to be approved by the board of health. The assistant superintendent of the female hospital shall hold his jiosition subject to the fjleasure of the health commissioner. (M. C, sec. 755.) Sec. 739. Same — qualifications. — The assistant superintendent of the female hospital siiall be a graduate of medicine and shall have had at least one year's hosi)ital experience as an assistant, and shall have been a resident of this city for at least two years prior to his appointment. (M. C, sec. 750.) Sec. 740. Duties of assistant.— The assistant superintendent of the female hospital shall perform such duties as may be prescribed by the health commissioner, with the approval of the board of health, and in the absence of the superintendent shall be in charge of the hospital. (M. C, sec. 757.) See. 741. Salary, etc. — The salary of the assistant superintendent of the female hospital shall be seventy-five dollars per month, and he shall receive board and washing at the institution. (M. C, sec. 758.) See. 742. Suspension of assistant. — The assistant superintendent of the female hospital may be suspended by the superintendent for neglect of duty or violation of rules, and when the sujjerintendent shall suspend the assistant, he shall at once report all the facts in the case to the health commissioner, who may take such action as he may deem proper. (M. C, sec. 759.) Sec;. 743. Supervisor of nurses and matrons. — The health commissioner shall appoint a person to fill the position of supervisor of nurses and also act as matron, at the female hospital; said appointment to be approved by the board of health. (M. C, sec. 760.) Sec. 744. Same — duties of. — The supervisor of nurses and matron at the female hospital shall have charge and control of all nurses employed at said hospital, shall also oversee the laundry, kitchen, sewing room, linen room and quarters for the female employes, and shall per- form under the direction of the suj^erintendent of the female hospital, all duties prescribed by the rules governing the fenmle hospital. Said super- visor of nurses and matron may be removed by the health commissioner in the same manner as other employes of the health department. (M. C, sec. 761.) ART. XVI. ] OF HOSPITALS. INS.\NK ASYLUM AM > DISPENSARIES. 727 Sei'. 74"). Same — qualifirations. — The supervisor of nurses and matron shall he a jiradualc nl' soiiii' trainiii}; .school for iiursos, or have had at least five vear.s" hospital experience as a nurse, and shall have been a resident of tliis cil\ at least two years )>rii)r to hci' ai)i)oiutuieut. (M. ("., sec. 702. ) Sec. 746. Salary. — The salary of the supervisor of nurses and matron of the female hosjjital shall he lifty dollars \h'v month and she shall re- ceive board and washing at the institution. (M. C, sec. 7G3.} FOUR— INS.VNE ASYLUM. Sec. 747. EslablisluMl. — 'I'lic hnildin<; on Arsenal sired, hcrciorore known as the connly insane asylum, and a((|nired by the ("ity of St. Louis, by the ratilieation of the Selieme and Charier, is hereby established and sliall be known as ihe Insane asylum of the City of SI. Louis. (M. C., sec. 7t;4,) The Insane n-sylum of the city Is not Included under the general statutes of the state as one of the eleemosynary Institutions of the state but It Is a private Institution belonging- to and controlled by the city: State ex rcl. St. Louis vs. Selbert. 123 Mo. 424. 429. See Scheme, sec. 10; i*. sec. 25. As to Charter provision to erect, purchase or rent Insane asylums see Chart., Art. Ill, sec. 26, clause 3; to provide for support, maintenance and confinement of Insane persons, Chart., Art. Ill, sec. 26, clause 13. Ord. 22923. approved March 21, 1907, provides for the Maniacal Building on the Insane Asylum grounds. See. 748. Iin'iirabh' insane — wIhtc kept. — Such portion of the poor house as in the opinion of the health commissioner may be necessary, shall be titled up and used for the class of insane termed "incurable," and the health eoiuiuissioner may from time to time, as he may think proper, transfer from the insane a.sylum in the poor-house this class of in- sane: but no person shall hereafter be admitted to the insane dejiartment of the poor-house who has not been regularly admitted, as jirovided by this article, to Ihe ins.ine asylum. ( ^L C., sec. 7T > See T-M IiiHane persons, applications f«ir admi.ssion of — to wliom made. — Ml applientions for the ndniission of in.sane persons shall lie tiled with tlie heallh commissioner at least fortyeipht hours 728 rCEVISED CODE OR GENEHAL OUDINAXCES. [CHAP. 11. |ii('\ iinis to a meeting of ilic lioanl of liealrli. ( >ii the filing of said ajipli- lation tlie healtli coiiiiiiissioncr sliall direit an examination of said jierson fo lie made by a jiliysician of tlie healtli department, and the i-ejiort of said ])li.vsician shall aecompanv the aii]i]i(alion then presented to the lioard of health. (^I. ('.. see. 7(i.*<. I Sec. 752. Applications to he passed on by board of health — The board of health shall roperty of the citizens of the City of St. Louis, the jiolice shall take such ](erson into custody, i M. <'. sec. 774.) Sec. 75S. Same— re.i>«ihi< ions as to ISl'i;.NSAUIES. 729 rcsidt'iicc, li'iij;ili of rcsidciiri' in ilic cilv. in(ii|iai inn. Inciiliiv wiirir saiil pcrsoii was ai-rfstcil. tlie circinnsiancfs laiisin^ said arrost. ami all iii- loi-niation In- niav have or ran olnaiii in i-clalion i<> said person. The iicaltli 4-oniniissiont'r. on reri'ipt of sn<-li rcporl I'i-dmi ilic cliier of ]toliee, shall cause a cari't'iil cxaniinalion to hi' made of snth jicrson hv a ]ihvsirian iif tlif licalth dcpai'tnicni. if. upon sinh cxaniinal inn. sncli itcrson is I'linnd to Ik- of nnsiMind mind, and an unlit jxtsoii lo ho at lai'^c. tin- iiliysician making' smh i-.\aininai inn shall ii'i'lifv tin- fart to thr hcaitli coniniissinncr. whose duty it siiall he lo take cliai'fre of smli Innatie. idiot or person of unsouml mind ami plaie .said pei-son in the city hos]iital of insane asylum, and to report to tlie hoafd of lufjlth within one week his adiim iliereou. and all the facts and information i-e}:ai-dinj; such lunali<'. idiot or insane jiefson in his possession, or that may coint' into his jiossession. i.M. < '.. .see. 7~~>.) See. 75!). P<»li<'«' to (l«'li\<'r insjinc t«> rity liospHjil. — Tlie chief of police is heieliy ant hoii/.ed and directed to dcliMT any and all jKTsons taken into custody iiy the pidice on chafjie, observation or stis- jiicion i>f insanity or lunacy forthwith to the city hos]iital, and shall not jdufe any such jierson in ilic police station oi- liolc|o\cr. commonly so-called, for detention. For the purjiose of conveying: such jiersons to the city hospital ati anihulamc of ilie health dejiarlment shall he used, and llie health commissioner is hereliy authorized to jirovide from the dis]iensaiy statf a physician who shall accom]iany the amltulance on stnh trips and render such pi-ofessional aid as may he reipiiicd. iM. ( '.. sec. 771!. I Sec. 76ti. Kt'H:iilati«>iis as t<> rare <>f temporarily iiisaiu' at hospital. — The health i-ommissioner is lierdiy authorized and lii- recfed to Jirovide and iK'stow suitable and snttieieut quarters at the city- hospital for the receiitiou and due care of all insane )i(>rsons. or those suji- |iosed so to be. who may be sent there by projier aulhoi'ity for lemjiorary treatment, or for detention and obsei-vation. peiidinj; further incpiii-y in re- lation to the mental comlilion of such jiersons. i M. <".. sec. 777.1 S.e. 7iil. Sanu' — iiiiiiissioii to cxaniiiH' ami report. — The superintendent of the city ho.spital shall exercise in all respects the same sujiervision of these inmates as of other patients, observing and recording careftdly every symptom or evidence of mental derangemenr and reporting his conclusions in th»» ca.se to tlie health commissioner. In evei-y doubtf\il case the health commissiiuier shall, within one week after dale of patient's admission, convene a commis- sion com|>osed of till' superintendent of the ciiy hospital, the superintendent of the insane asylum and the chief dispensary ]ihysician. who shall care- fully examine the persons suspected to be insane and in(|iiire into and con- sider all the facta in tlie case and report their findings to the health coni- luissioner fin- such action as he shall deem projier under the law. subject to the approval of the board of health. ( .M. ('.. sec. 77N. t Sec. 76'_' Vrrr>«lril — iHiii-frsidciil i ii^iiiit' — pr(ipriati()n for the jail. (M. (".. sec. 78.".) Sec. 769. Salaries of apothecaries. — When dispensaries are estab- lished and opened, as ])rovide(l by ordinance, the salaries of the apothe- caries shall be eight hundred dollars per annum, payable monthly. (M. C", sec. 78G.) Sec. 770. 3Iedicines for indigent persons. — For the relief of sick and indigent ])ersons the health commissioner shall have power to furnish medicines on the prescri])tions of the disjiensary physicians, and may make ART. XVII.] OF I'OORHOUSIC. 731 such :ii-i-;iii;;i'iiiciii :is lie iiiav ililiik |pn>|M'i- I'lir tlio (illiiif; of ilicse i>rt'.scri{)- tioiis; the cost of said piTS( riptions sliall lie jiaid mil of IIk' I'iiihI ajipro- prialfil lor tlio city disiK'iisar.\ . i M. ('., .^icc. TsT.j .MM'Ifl.i: .Wil. Ol- I'OOlillOUSE.' '!iee Cliait'T piovlsloiis .Art. I. .-^ec. 1: Art. III. Sec. jr.. suIkI. 3, 13. Sec. 771. Poorlioiist' «'st;il)Iisli«'(l, The luiildiiif; known as tlie ■•(•(•uiity |p(iur iioiisc." siiualcd (III Arsenal sircci, aniiortini; tliemselv(>s. and such only shiill lie placed thert>in, by coiiipcieiii ,nillHiril.\ . i .M . ('.. sec. 7SS. i See. 772. Il«';ilfli coiiiiuissioiu'r has .siiinTvisory control. — The health coniinissioncr shall have the j;eneral supervision and iiianaKe- ment of the I'oorhouse. and shall exercise a fjeneral control over all the oll'icers and employes connected with or em])loved at the same. He shall make all necessary rules and regulations for the government and mauage- nuMil of the I'oorhouse subject to the ajiitroval of the board of health. He shall appoint all assistants except the suiierintendent. delerniiiiing the iHiinber to be employed, whether male oi' female. He sliall examine all accounts against the roorhouse, and, if he finds them con-ect shall so cer- tify. .\11 such accounts when so certitied. shall be audited and paid as pnividril by the cliarler. ( M. C, sec. 789.) Sec. 773. Coiulitions of adinissioii. — The health commissioner shall ]»rescribe the conditions for admission to and discharge from the pool-house, subject to the apjiroval of the board of health, but no person shall Ik" admitted to the iioorhouse as an inmate who shall not have re- sided in the City of St. Louis at least one year next preceding the date of application for admission. (M. C, see. 790.) The brinsInK of paupers and insane persons who are likely to become a charge on the city, into the city, is made a misdemeanor as to certain persons by R. C. sec. S69. As to admission of paupers from St. Louis county see Scheme, sec, 2H. S,' 771. IJiiIrs of adiiiisstoii — inmates to In- «-iii|>lo>«>*l. — In shall be the duty of Ihi- health commissioner to make such rules and regulations as shall be approved by the board of health as will establish a system whereby the jiersons admitted to the jioorhouse sliall respectively earn what they receive to the extent of their ability; providecL that this sction shall not be so construed as to exclude from the poorhouse such indigent jiersons entitled to admission as may be unable to work: jiroviileiL also, that no minor in gooil health, over eight years of age, shall be main- tained at the jioorhouse. ( >f. C, sec. 791.) See R. '"• -■■ "'■■ See. 775. Ilfaltli coniniissiontT to rt'porl conditions an- nually. — It shall 1m» the duty of the health commissioner to report to the municipal assembly, at its first session in each year, a particular anrl de tailed account of the affairs of the poorhouse, together with such sugges- tions or recommendations as may to him seem proper. (M. C., sec. 792.) 732 REVISED COPE OR GENERAL ORUIXANCES. [CHAP. 11. Sec. 776. Office «>f snperiiitoinlent created. — There is hereby created aud estalilislied the olfite of superintendeut of the poorhouse. (M. C. see. 7!t:!.i 8ec. 777. Same — appointment and term. — Tht- .superiuteudeut of the poorliouse sliall be apjiointed by the Mayor aud eontirmed by the council, aud shall hold his otfice for four years and iiuril his successor is api)oiuled and (|iia]ified. (il. C. sec. 7!t4. 1 Sec. 77S P«)\vers an»l duties of siii)erintendent — discharjje of employCH. — The superintendent of the poorhouse shall have the general inauageuieut of the jioorhouse and control of all employes thereat. He shall have power to sns])eud or discharge any employe for neglect of duty or gross violation of the rules and regulations. When he shall so sus- peu!1. Salary. — The salary of the siipciiutendent of the jioor- house shall be at the rate of fifteen hundred dollars per annum, jiayable monthly, which stim shall be iu full for all services of an official nature. iM. ('..' sec. 7!)8.) Sec. 7S2. Dairy at i>oorliouse establisheiiiliuiist'. and as tar as jiossihlf llic ullicr iiisti- Illlimis of Ilic licallli liciiarlliicllt. lOl-d. L'llll.'L'. see. l.i Scr. 78;}. l)aii".\ >*tal)lf ami liow foiistriKti'd. — Atici- ilu- pas sa^c and approval of this artiilc Ilie health tomuiissioiu'i- shall make a rtM|uisiti()ii on tlie lioard ot iinl)lic ini])rov('nuMils. to have coiislrnctcd mm del' the siipel'visiuii nl iln' huildinjj coniiiiissioiK-i-. a dairv slalile wliicli shall have a (■a|>a(il.\ lor one hnndi'ed cows. This dairv stalde shall in all it'sjiects 1k' const rintela»t'd on the grounds of the poorhotise that the liquid waste from said stalde can lie carried oH" into tlie sewers tliron<;h two inlerveninfi- catch hasin.-- ol a plan to lie apjiroved li\ ilic pi-esideni of the iioard of public ini provenieuts. {Ih.. sec. 2.) Sec. 7S4. .\p|toint iiii'iit <)f lu'lp for dairy. — The hialtli i-mn- missiouer shall appoiul all the necessary help foi' the carinj; of this daii\\. in tlie same manner as he makes apitointmenis of the employes of the poor- house. ( II). st>c. ;!. ) Src. 785. Piirclias(> of cows. — .\fiei- the lompletion of the dairy, the health comniissioner shall make a rc(|uisii ion on the commissioner of supplies for the purchase of sixty-five cows, and may afterwards. fr coiiipt i'«»IU>i' All milk ]irodnced by the dair\ and i-onsuim-d by tile |)oorlioii.se will be pai. I See. 7S7. I{* pi'iforin duties. — The salaries of the employes shall be as follows: (Hiv head dairyman. \\h«i shall have charfje of the dairy under the supervision of the superin- tendent of the poorhouse, flfty-tive dollars jK'r month: a.ssistants, thirty- tive dollars ]h'v month: not to exceed at any lime three in number, and as far as po.ssible such inmates of the jiooi-house as ari- capalile of performing Work in the ilairy. will be a.ssij;ned to duty there by the superiniendeiii. I fli. see. 7. 1 S.M'. 78!). l>ispo>itioii of cow.s hi'Cimiinjj dr\. — When, ver any of the cows iH'lon^iu}; to the dairy l>ecome dry. and in the opinion of the health commissioner should be disposed of. he may. witli the appro\al of 734 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 11. the comptroller, exchange these cows for others, and in addition pay such sums as may be deemed lair and jn-ojier in tli(> exclianf;p for fresh cows. — (lb., sec. 8.)* Sec. 790. Separate accounts kept — monthly statement— extraordinary expenses to be approved by comptroller — All of the accouut.s coimected with the jJoorlKnise dairy shall he kept iu a separate account on the books of the St. Louis poorhouse, and a monthly statement of the expenses and the amounts received from the sale of milk shall be foi-warded monthly to the coni])trolIer. No extraordinary expense shall he made on account of this dairy, unless the same shall be approved by the con^jtroller. (lb., sec. it.) Sec. 791. Cow'S to be examined ane rec()\-ei-ed for the nse of the City of St. Louis Ih'Idit aiix coni-i having; roiii|jcii'nl jurisdiil ion. — (.M. ('., sec. SO.'t.i Sec. 71)7. IMaiiks for rt'|M)Hs to 1»<» fiirnislxMl. — Tlie health commissioner shall fmiiisli liic pidpn- lilaid< form on which to make the reports, as ici|iiiici| li\ this article. ( .M. ("., sec. S04.) Sec. 79S. r>iiil(liiij;s — when pliHMfdcd. — \\ limivcr any pliysiriau shall i'e|ioi't to the health commissioner any case of smallpox or contaj^ioua disease in any dwelling; or hiiildinj; in the city, the health commissioner shall hav(> the power, whenever in his oiiinion it is lu'cessary, to canse to U' placed on tlu' onlside of any bnililin^ or dwellinj;, or door of any room, a printed ]>lacai'd {jjivinj; notice of the e.xistenci* of snch contagions disease. Any person wlio shall i'emov(> sncli jilacard placi'd by order of the health commissioner shall In- iliTmnl uuiliy of a iiiisdemcaiioi . .iinl ii|hiii (■(iii\i<- tion be tincil not less than lixc nor iiioic lliaii lwi'iil\ ti\e dollars. i.M. ( "., SO.-.. I Sec. 79!t. Parents and j;iiar«lians— p<'iialiti<*.s. — The parents or guardians of children attending; any |iri\ate or |iiiblic school, who shall liermif them to attend school after it becomes known to said ]iareiils or guardians that any of their family are infected with any infections or con tagious disease, shall be ilceiiied guilty of a misdemeanor, and upon (ini viction thereof shall be lined in a sum not less than live nor more than tea dollars. ( M. C, sec. 80G.) Sec. ,S0t). Teaclu'rs — ptMialtieM. — .\iiy primiiial or teacher of any private or jiublic sdiool in the City of St. Louis, having oH'icial or authentic information of the e.xisteme of any infectious or contagious disea.se in the family of any ])Upil attending said sclnxd. shall immediately cause the re- moval of said pnpil from said school, and )intil he i or she! shall have undoubted |)foof of the premises where the family reside being disinfected anil the di.sease eradicated. Any failure on the part of any j)riiicipal or teacher complying with the pi-ovisions of this article, shall be deemed guilty of a misdemeanor, and uiion convi(-tion thereof he fined in a sum noi less than five nor more than ten dollars. (M. C. .sec. SitT.I Sec, Sol. ('on(;ig:ions dis»'as«'s_p<»rsons afllictcd to l>o re- moved to hospiliil. W lM-iM-\cr the heallh roniinissioiier shall become ajiprised or infoianed that any i>ersoii or jiersons residing in any hotel, boarding-house or tenement house within the limits of the ("ity of St. Louis are sutTering from any inalignant. infections or contagious disea.se. which in iiis opinion or in the ojunion of any medical otTicer of the health depart- ment, may endanger the lives of thi' citizens, it simll be his duty to make or catise to Im> made an examination of the said person or pesons ami the disease they ari- sutVering from or atVlicted with, by a ]ihysician or |ih.\si- cians of the health depai-tment. and from and after snch examination, if he shall deem the same nece.ssary. he shall cause said p<'rson oi- persons lo l)e removed from the said hotel, hoanling house or tenement Inmse to the hospital ]irovided l)y tlie city for the treatment of all smh disea.ses. and 736 REVISKIi r'ODK OR GENERAL OIUUXANCES. [CHAP. 11 if force l)e found iicccssai-y in cansin\ the board of health, and to continue and remain so until the health commissioner or the l)oard of health shall order the restriction removed. i.M. <".. .sec. 810.) Sec. S04. Notice of existence of contajfious disease, to be ffiven. — • The keeiteis of all hotels and boarding houses, and the agents and owners of all tenement houses or ])rivate resiliences or dwelling houses, having any person or ])ersons in their hotel, boarding houses, ten(>- nient hou.ses or jirivate residence or dwelling houses sutfering from or aftlicted with any malignant, infectious or contagious disease, aftei' (liey AKT .Win.) OF CONTAOIOl'S. IN KIX'TH >rs AN1> l'i:sTn.i:NTI AI. I'lSKASlCS. 737 hIiuII have liocoiiu' acqiiaiiiifii with ilic fact, or are apprisfil of tlic sam«i, Hliall imiiH'iiiati'l V notify the hrniili i oiimiis.sioiier at liis olVitc, in tlie city liall. sialinj; the name of the |ieisoii oi- persons so afflicted. Iheir a^i' and resiks, «>(<■., of |iiil>li<' library in hoiis(> pIa<*ar«l(Ml. — \\'hem'\er any notice of contaj;ious disease is posted \i|ion any house by the health department, the agent of said said no tiee sliall inquire at the time if the house contains any books, periodicals or pamphlets bcdonging to the luiblic library, and sliall thereiipiui demand anil take immediate possession of said book, periodical or |ianiplilel. and remove the same to the olfici' of the health de|iartmeiil and the health commissioner shall immediately notify the luiblic library. gi\ing the num- ber and name of the book, periodical or jiamplilel. ,iiid the house where received; and llie lu-allh commissioner shall immediately cause said books, periodicals or jiamphleis to be disinfected and returned to the library. I M. »'., sec. Si:{.) See. 807. I'j'iialty. — Any person in whose family thei-e is a con- tagious disease who does not |irom|)tly rejiort and surrender to the health Commissioner any book, periodical or pamphlet belonging to lln' |niblic library, shall be deiMiied guilty of a misdemeanor, and sluill, upon con- viction, Ih? punished by a fine of not less than five dollars nor more than tweuty-tive dollars. i.M. C, sec. 814.) See. 808. Duty of policj' «l«'|»ar(nu'nt to {five notice. — It shall be tiic duty of tlie police de]iartment to notify the liealtii commis- sioner of the existence of any malignant, infections or contagious disease, whenever or wherever they, in their judgment, consider uv believe the same to exist, and also to assist the health commissioiu-r lU' his officers or employes, whenever called uiion to do so, while in the discharge of their iluties, by virtue of the provisions of this article. (M. ( "., see. J*!;").) See. SOl>. Penalty for inferferiii«r with «'onmiissirsons violating any of the provisiciiis nf this ariii le. or inter- fering with or hindering or obstrncting the health commissioner, or his officers or employes, in the exercise of their authority or duties as jiro- vided by tliis article, shall \>e deemed guilty of a misdemeanor, and upon 738 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 11. conviction thereof before cither of the police justices of the citj-, shall be fined in a sum not less than twenty nor more than one hundred dollars, to be collected and paid as other fines for inisdciiieanors as now provided for by law. (M. C, sec. SKI.) Bee. 810. Consumption coninmnioable disease — measures for prevention to be i)repare(l and rules distributeil Consumption, whether classiticd as "liiberculosis of the luiifis," "phthisis pulmoiialis." "tubercular ]ililliisis." "tubercular consumption," ''pulmonary cou- sumiition," "tubercular broncho-imeumonia.'' or however nominated. is hereby declared to be a conimnnicable disease, and the health commissioner, with the ap]iroval of the board of iiealth, shall prepare rules presci-iliinii essential measures for preventing the si)read of the disease and jiromoting its arrest or recovery. lie shall cause a printed copy of such rules to be distributed in every case occurring within the limits of the City of St. Louis of whose existence he may have information. (Ord. 22():ii. sec. 1.) Sec. 811. Attending i»liysician to nuike examination of spu- tum— report to health eommissioner It shall be the duty of each and every physician in the City of St. I^ouis. when called to attend any pa- tient n^siding in the City of St. Louis who has sym])toms of tuberculosis, to promptly make or cause to be made a miscroscojjical examination of the sputum ol such ]iatient. If this examination or the clinical evidence demon- strate tuberculosis, the physician shall at once report the case to the health commissioner, giving name of patient, occupation, residence, place of em- ployment, age, sex, nationality and social condition, and a record shall be kept of such reports, which shall be accessible only on order of the health commissioner. (/&., sec. 2.) Sec. 812. Health eommissioner to ex.imine premises — take notes— distribute rules. — ^Vhenever the health commissioner shall have iufdrmation from the attending physician of the existence of any case of consumjition in the city he shall cau.se the jiremises to be examined, and have notes taken of the sanitary condition of the same, the numl)er of per- sons living in the house, and whether the patient occupies a room by him- self or herself, or with others; and he is herein' directed to furnish iu each case, directly or through the physician (when one is in charge), a copy of the rules iu relation to the management of the sanitary features and sur- roundings of the case as herein provided for. (76. sec. ,3.) Sec. 81.3. Premises not to be placarded for consumption.— Houses in which there are cases of consumption shall not be placarded for that disease. (Ih. sec. 4.) Sec. 814. Proceedings where no physician is in charge — When a case of supposed consumi)tion is rcjiorted to the heallh commis- sioner, and no physician is in charge, the health commissioner may apjioint a city physician to examine and report the same. If the clinical evidence or a microscopical examination of the sputum of such ])atient demonstrate tuberculosis, the health commissioner shall furnish to the patient, or to the patient's nearest relative, friend or caretaker, a printed co]>y of directions as to the best means of lu-eventing the spread of the disease and promoting recovery. He shall instruct the insjiectors of the health department to re- [)ort whether directions and instruclions are obeyed. (Ih. sec. Ti.) ■ -™ ART. XIX.) OP Ql'ARANTlNIC. 739 Sic. 815. Kxaiiiiiiation of .si»ii(iiin iiiulcr direetion of roin- iiiissioinT. — Till- liealtli coiiiinissioner .sliall have the i)ower to cause a iiiicn>.s»o|iifal e.xaiiiinatiun to be uiaile of tlie sputa of j)ersoiis havinj; sjmii- toins of tuberculosis, whenever it be requested by the attetidiiit; iiiiysician or bv the city pliysiciau ih-tailcd to examine tlie case, and lie siiall liave the power to order said c.\aniinalion to lie nuuU- by any conijietent pei'son in ilie eni(>biy of tlie iicalih dcparinicni. and sncii jterson so einphjyed shall promptly make the examination and a repurl thereof, free of chafge. When such persons shall have completed this examination, the result shall be re- ported in duplicate, one co[iy to be forwarded Ut the physician upon whose application the examination was made and the other to the health corniuis- sioner. {lb. sec. (J.) Sic. Sit; Disinfect ion of rooms of ('oiisiiiii])tiv<'s — niiis.iiH'C when not diHiiifi'ctotl. iuiouis thai have been occupied by consump- tive patients shall be thoroughly cleaned and disinfected as soon as the case has terminated, or been removed, permanently or temporarily. This may be done under the direction of the attending physician, but such disinfec- tion and cleaning must be done in accordance with the rules of the health commissioner, and the ]ihysician must re]iort to the health commissioner how and when this cleaning and disinft'ction were done. Upon application to the health commissioner, all aparlmeuts that have been recently occupied by cases of consumption will be disinfected free of charge. Premises not disinfected as provided by this section are hereby declared to be a nuisance and detrimental to the public health. {Ih. sec. 7.) Sic. S17. Penalty for ilisobeyiuji; ('onsiini])tion ordinance — niisdenieantu'. — Any physician failing to comply with any of the pro- visions of the seven jireceding sections or any person or persons resisting the enforcement of any of the provisions thereof shall be deemed guilty of a misilemeanor. and upon convidion shall be fined not less than fifty nor more than two hundred and fifty dollars, to be recovered for the use of the Citj' of Si. Louis before any court having competent jurisdiction, ilb. sec. S.) AliTK LIO XIX. OF QVAR.VNTINi;. Sii". SIS. Ilealtli <"oniniisslon«'r (o prescribe refiiilations. — Tlie healtli commissioiii-r. by ami willi tin- approv.il of tin- Imartl of liealtli. is hereby authorized and empowered to eslalilish and enforce special or gen- eral i|iKU'antine regulations within the limits of the city, whenever, in his judgment, the sanitary interests of the city demand the same. ( M. C. sec. SI 7. 1 lluariiuilni- Uiuuliiiliinii.^-C'linrtor XII.. hovs. 4 and 8: also Art. III., sec. 26, claii.oc 6. The act of the legislature authorizing: the City of St. Loula to make quarantine refrulatlons l.s not a delegation of legislative power and such ordi- nances are not against the constitution of the state or of the United States. F'nr- tioular quarantine regulations held valid In Metcalf vs. St. Louis, II Mo. 10.1. An ordinance of St. Louis prescribing that boats coming from below Memphis, hav- ing had on board at any time during the voyage more than a spccllled number of passengers, should remain in quarantine not less than forty-eight hours nor more than twenty days is not against the commerce clause of the V. S. Consti- tution: St. Louis v!i. McCoy. IS Mo. 2.18: St. I>ouls vs. Bofflnger, 19 Mo. I. The right to quarantine does not confer the power to seize and use for hospital purposes private property without compensation: Barton vs. Odessa, 109 Mo., App. 7S, relying on Dooley vs. Kansas City. 82 Mo. 444. 740 REVISEIi CODE OR GENERAL ORDINAN'CES. [CHAP. 11. Sep. 819. Application of rej^ulations. — (juarautine regulatious are liereby defined to ajijily as follows: First, to all ])asseiias.sengers or bajfgage res])eetively ; third, to freight of any one kind or tharaeter, or ditferent varieties of freight differing iu kind, character, substance or material; the extent of the inhibition or pro- hibition njion jjassengers or freight coming from any part of the United States into the city shall be determined by the health commissioner and approved by the hoard of health, and when so determined and ap]irt)ved it shall be made of record in the proceedings of the board. (M. C. sec. 818.) See. 820. Epidfiiiic— quaraiitiin' aj»ainst section affected by. — Whenever the health commissioner shall be in possession of reliable and satisfactory information that any malignant, infectious or contagious dis- ease is epidemic in any portion of the country with which the city has com- munication, he may establish and enforce quaiantine regulations against such jiortion of the country, and he may determine and regulate to what extent, in what manner, and by whom any communication or business trans- actions may be had with such portion, either by the citizens of such portion of the country or of the city, and he shall establish such stringent and neces- sary rules and regulations as may be reipiired to prevent the introduction or spread of such di.sense; and to that end he is hereby authorized to eiu- ])loy sucli ])ersons as he may deem necessary; and. all the actions of the health commissioner under the provisions of this section must be approved by and recorded iu the ])ro(eedings of the board of health, otherwise the health commissioner shall have no jiower to act in the premises. (M. (.'., sec. 8ir».) Sic. 821. Notice to l>e yiven — failure to observe is misde- meanor—penalty. — \Ahenever the health commissioner shall declare that any malignant, infect iotis or contagious disease is jirevalent in an epi- demic form in any portion of the country, and the same is approved by the hoard of health, he shall immediately, or as soon thereafter as ]iossible, notify in writing every express comjiauy, transfer company, teamsiei-, steamboat company or water craft and railroad company doing business at the wharf, or in the city and engaged in the transportation o( freight and passengers to or from the city to any ])ortion of such country, through their re])resentatives or principal officers oi' masters, owners, managers, con- ductors, teamsters or directors, that (luarantine regulations have been es- tablished and will be rigidly enloi-ced against such ))ortion of the coiinti-y. stating the method and condition by and \i])on which they may transmit or carry ])asseuger.^ or freight to or from the city, and also the kind or character of freight that is prohibited from entering the city, and all other regulations that nuiy have been established by the health commissioner and approved by the board of health in relation to the subject-matter. Every officer, master, manager, owner, directoi'. conductor or teamster of any ex- press company. translcT' company, team. steaiid)oat com](any or other water craft and railroad com]'any. after having received such notice, failing or refusing in whole or in part lo conijily with the restriction.s and conditions of the quarantine regulations as established by the health commissioner and approved by the board of health, shall be deenied guilty of a misde- meanor, and upon conviction thereof before either of the police justices of the city, shall be fined in a sum not less than fifty nor more than five hun- dred dollars, to be collected and paid as other fines and penalties for mis- demeanors, as now pi'oviiled for by law. ( M. C. sec. 82t).) AltT. XIX 1 OF (jr. \ KANT I NIC. 741 St'f. S22. l^piilciiiir — laiuliii^ of tr«'i^lit or piiss«'ii«;«>rs from district atftM'tctl by, \vitlioiit iMTiiiit, forl>i city, without lii'st liavinj; ohlaincd a jHTniit to do so, from the hcalfli cominissioiii'i-, or soino other ofliccM- de.sjj,;- iiatfd by him; and any cai)tain, owner or master loye desi;:naled by him in the enforcement of the (|narantine re^nda tions whenever requested to do so. ( M. C, sec. 823.) See, S2.''(, l*«'iialf ic's. — .\ny jicrson or [persons failinu oi- refnsinj; to comply with the cui.naniine re<;ulations of the city, as established by the health I'ommissioner .ind a|iproved by the board of healili. <>r any per.son or |M'rsons i-esistinj; by force or otherwise', the enforcemeni of tin- ipiaran- tiiie re;;ulations in the city, established and api>roved as aforesaid, shall Im" deemed fjuilty of a misdemeanor, and upon conviction ther«'of. before eilhei- of the ptdice justices of the city, shall be titled in a sum not less than ten nor more than live hiiiidreil dollars foi- eaili otVeiise. ( M. ('., sec, S24, 1 See. ,■^2(i. IiO<*atioii of (| ii:i ra III i ii4>. — The trrounils piirclinsed by the City of Si. Louis from .\Mi;nsins l.anukopt, b\ deedbearini;li(>il lor in a case of death without the attendance of a regular physician, or if it is iiiij)0ssihle to obtain the jihysician's certificate, the hcallh com- missioner shall investigate the case so far as may be necessary, and when he has obtained satisfactory evidence in relation to the cause and circum- stances of the deatli. he shall make out and sign the certificates and give the required permit ; if not satisfied in relation to the cause and circumstances of the death, he shall report the case to the coroner of the city for his inves- tigation; and u])on such rejiort by the health commissioner, it shall be the duty of the said coroner to investigate the case and make out and sign the certiticate. (M. C, sec. 827.) ART. XX. 1 OF MOHTLARV RECORDS 743 S.I. Si29. liiirials or roitiovals pr4»]iil)i(«Ml \vi(li4iii( r4'|M»rt of llciltll. — No jiiTson f>li;ill liiii-\ 111- [ilacc in ;i tmnli nr ri'iiiiivc rnini ilir ciiy or otlii'i'wisf (lisposi- ol' tlic litxiv of any huiiiaii liciii}; wlio shall die in the city, or shall lie ln-oii to In- niatlc l»_\ st>x(ons, vtc. — All ovt-r- scci-s, sextons oi- oilier persons who may have control over jmlilic {irave- yards in the city shall make a weekly report to the health commissioner of all interments dnrinn the week in the graveyard whereof they are such o\»'rseer or sexton respectively. Said report shall siiecify the names and ajies of the jiersons interred, sex, color and place of liirth, and exact lo- cality and date of death, and also the diseases of which said persons died, and the name and residence of the physician who sij^ned the certificate. I M. ('.. see. S29.) See as to tills section Charter .\rt. XII.. sec. 11, which It tracks. See. Sol. IVnalty f«»r intrrnienl witluMit ciTliricato. — If any overseer, sexton or other person haviu<; control of a jj;raveyard .shall permit auy person to be interred iu said trraveyard without a certificate statiuf; the name, place and date of death, together with the disease of which said person died. si};ned by the health commissioner or his clerk, he shall forfeit and pay a sum not less than twenty-live nor more than tive hundi-cil dollars, to be recovered for tlu' use of the city, as in other cases of misdemeanor be- fore any court or ofticcr liavini; competent jurisdiction. .(Jl. C, .sec. 830.) But see Charter -Vrt. XII.. sec. 12. which makes the penalty only a sum "not less than live nor more than twenty dollars." Sec. 8.i2. lViialt.\ lor failure to iiiaki* weekl.v rcport.s. — If any overseer, sextou or other jierson charjied with the performance of such duty, fail or nej;lect to make to the health commissioner such report of weekly interments, he shall forfeit and pay not less than twcMitylive nor more than tive hundred dollars for every such failure, to be recovered iu like manner as provided in the last preceding section. {}>[. C. sec. .s.51.) Same as Charter Art. XII.. sec. 13. except that the charter fixes the penalty at '"not less than twenty dollars for every such failure." See. 833. Hi'ports to hr doliverod— when. — Tlie .sextons of the different cemeteries shall deliver to the health commissioner, at his office, tlR'ir weekly reports, as ju-ovided for in section 830, at or before tlie hour of four o'clock in the afternoon of Saturday of eacii and every week; and any sexton failing; or rcfusinj^ so to do, shall forfeit and jiay a line of ten dollars for each such failure or refusal, to be recovertMl as piii\ iilcd in sec- tion S31. I .M. C. sec. s:!2. 1 S.c. S34. lilank liook.s and iM'conl.n to l)e furnislxMl. — Tin- health commissioner shall furnish ea< h overseer or se.xton of any duly authorized and recognizeouis, to include in their weekly reports to the heiilth commissioner, as provided for in section ei<;ht hundied and thirty, the name and place of i-esidence of each |]iiysiciaii from whom has been received a certificate on which any person has been interred in the graveyards, under tlieir charge, and the number of cei-titicates given by each and every physician, and for whom given; and any overseer, sexton or other person having charge of a public graveyai-d. failing or refusing to comply with the provisions of this section, shall forfeit and pay a fine of ten dol- lars for every such failure, or refusal, to be i-ecovered as }irovided for in section eij;lit Imiidred and tliii-ty-one. ,M. ( '.. sec. S;}4. 1 Sec. 8o(). Blank certificates t«> be prepared. — The health commissioner shall cause to be [)rinted a sufficient number of blank cer- tificates, setting forth in suitable columns the facts re(|uir("d as prescribed in section eight humlreiii|>iiii> ImmI\. — lOvcry dead Kudy that is hroufflit into the cii\ imisi lie aci-onipanied liy a physician's ccriili rate of the canst> of death. Any iierson or persons liriniiinj; any l)od\ into the city unaccoinjianied in a i-crlilicale showing; liie cause of death, shall lie deejued ^niilty id' a misdemeanor, and upon conviction shall lie lined not less than twentytive nor more Ihan one Innnlrcil dollars. i.M. ("., sec. S4(l.j See. 842. Wlioii iMTiiiit r<>i'l>i(|(|<'n. — No permits will he jrranted for tlie disintei-nicnf of Imdics of persons wiio have died from cholera, ycl low l'e\er or smallpox. i.M. < '.. sec-. Sll.) See. 843. Disposition of «lisiiit('ri'«Ml l»o«li<'s. — In all cases where bodies are disinieiicd tin re shall he on hand a n»-u ti^hl wooden box into which the coflin shall he immediately placed after it has licen taken out of the ^.'Idiiiid. I M. •'.. sec. S\-2.\ Sec. 811 <)|M'iiiiij;: j^riivcs and (onil»s--|K'rmi<. — No p. r-on shall remove any dead liiid\, or the remains of any such liody. from any of the };raves or fomlis in this city, or shall disturb any dead body in any tomb or tirave without a iiermit from the health commissioner. No ;;ravt< or tomb shall li<> opened from the llrst da.\ of .\pril to (he tirsi day of (>cio Imt. except ftir the piirjiose of interriiifr lln' dead, without the special |ier- mission of the health commissioner. i.M. < "., sec. S4."{. i See. S45. l'«'iiiil(,v. — Any ]iersoii vioJatiiiLr any of tlie provisions of tliis article, or failin<; to comply with any of the reipiirements ]irescribed. for which iHi special jienalty is att;icheil. shall be deemed -iuilty of a misde- meanor, and sliall lie tined not less than twenty nor more Ihan live humlred dollars. I M. ('., .sec. S44.I S.c. S4G. Kcniov ;il of dead imthoii — ]>(M*niit to !«' obtiiiiu'd.— ^\'hen the removal of any dead jicrson beyond the city limits is di'sircd. a permit therefor shall first be obtained from the health commissioner. \vhd ««'iiM't«'rie.s. — Tli> following' nnnicil cemeteries are now establisln-d within the limits of the city, are hereby recognized and aiitliori/ed as le;;al and projier (daces for the interment of jiersons who may ilii' in the city, or who may be brou;:lit to the city for burial, namely: First. Itellefoiitaine cemetery : second. I'.ctlilchcm. Ill- I'licmcii Saxon ceme tery; third. Calvary cemetery: fourth, l-Jvaugelii al. or Friedeus ceiiieterii' ; 746 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 11. fifth. Holy Trinity lenietery ; sixth. New Saxon, or Gravois Saxon ceme- tery ; seventh, New Pickers cemetery; eighth, Public cemetery, at City Poor House; ninth. Rock Springs cemetery; tenth, St. Marcus cemetery; elev- enth, St. Mathcw's cemetery; twelfth, St. Paul's Evangelical cemetery; tiiirteenth, SS. I'eter and Paul's cemetery : fourteenth. Western Evangel- ical Luthei'aii. or Papin Saxon cemetery. (Ord. 2112S, amend. M. C, see. As to when a cemetery may be considered as abandoned, and the right of the city to discontinue the same on that ground from further use, see Campbell vs. Kansas City. 102 Mo. 326. The Constitution exempts cemeteries from taxation: Const. Mo., Art. X., sec. 6 , but exemption from taxation usually does not apply to special taxation: Sheehan vs. Good Samaritan Hosp., 50 Mo. 155; State ex rel vs. Linn Co., 44 Mo. 504. See also note to Charter. Art. VI., sec. 14, p. 398, re- ferring to Laws 1907, page 86, making cemeteries subject to special taxation. Sec, 848. IJniits of cemeteries not to be extended. — None of the above named cemeteries, or any other that may be hereafter established by law, shall extend their limits unless permission to do so has been authorized by ordinance. (M. <".. sec. 847.) Sec. 849. Public or private buryiiis" jjrounds to be au- thorized. — From and after the passage of this article it shall not be lawful for any person or persons to lay out or establish a public or private burying ground within the limits of the city, unless the authority to do so shall have lirst been granted l)y ordinance. (M. C. sec. 848.) See. 8.50. Burials alloAved only on authorized ground. — It shall not be lawful for any person or persons to bury the body of any deceased i)erson anywhere within the limits of the city, except in the ceme- teries duly authorized and recognized as public burying grounds by sectioD eight hundred and forty -seven, except by special permission granted by the health commissioner. Any person violating the jirovisions of this section shall upon conviction, lie fined not less than two hundred and fifty dollars, nor more than five hundred dollars, to be recovered for the use of the city, as in other cases of misdemeanor, before any court or officer having com- petent jurisdiction. (M. C, sec. 849.) Sec. 851. Penalty for buryinj? in unauthorized cemetery. Any owner or owners, or his or their agents, or any tenant or any other person who shall bury or permit to be buried the body of any deceased person on any lot of ground within the limits of the city, except the same be authorized as a cemetery, except by special permission of tlie health commissioner, shall upon conviction be fined not less than two hundred and fifty nor more than five hundred dollars, to be recovered for the use of the city as in other cases of misdemeanor, before any court or officer having comiietent jurisdiction, and such person shall be subject to a like fine for each and every day the body of any deceased person shall remain interred in said lot. (M. C, sec. 8.")0.) Sec. 8.52. Disinterment to lake place when. — If the IhhIv of any deceased ]>erson or persons be found buried on any lot of ground in the city, the owner or agent of which cannot be found, it shall be lawful, and it is herel)y made the duty of the health commissioner to cause said body oi' bodies to be disinterred and buried in the public burying ground; |irovidod, however, the jirovisions of this section shall have no ajiplication to the remains of deceased jiei-sons which have been interred prior to the passage of tiiis article. (M. C, sec. 851.) AKT XXII 1 OF CEMETERIES. 747 Sec. 853. Cenieterios to hv in <'liar^t' <»f .m'xloii. — Every eeineterv .shall be in cliai-^e of a soxloii ur i»versecr, aud llic name of such sexton or overseer shall be eertitied to and reeoriiiiish- iii«'iit. — ICvery person who shall convey, or remove, or assist in conveying or removing the body of any deceased person ( whether such jterson shall have died in the city, or shall have been brought to the city after (ieathi, oulside of the limits of the city, without first having obtained fi-oiii the office (tf the health commissioner iiermission so to do, shall upon conviction, be fined not less than two hundred and fifty nor more than live hundretiL:uti' ur injuri- any wall, fence, ledge, nionumeiit, toiniistone, tree or shrulihery around or within any cemetery, graveyard or burial ground, (or shall u.se such a cemetery, graveyard or burial ground for any other purjiose than a burying ground), shall be de.) Sec. 857. I>iii'ials— permit r«u' not (o l»e issni'd when. — The health commissioner shall not issue a permit to bury the body of a person that died elsewhere, and has been brought within the city limits, except upon the certificate of a piiysician given at the jdace of deatli, and if no such certificate accompany the body, it shall be the duty of the coi-oner of the city to pass (ui the case and make out and furnish the necessary cer- tificates. ( M. C, sec. 856.) Sec. SoS. Hnrial eertifieates to aeeompany bodies. — It sliall not be lawful for aii\ perscui to larry the liody of any deceased person to any of the cemeteries or burying grounds within the limits of the city, or for any sexton or other person in charge of said cemetery or burying ground to receive tlie bt)dy of any deceased jier.son, unless accompanied by a burial certificate. proi)erly signed and certined to by the health coiiimis- .sioner or his clerk. iM. ('.. sec. 857. » Sec. S.IO. INiialt.N in !t. ) Sec. S(il. liiteriiieiit — when ortleretl to be made. — When- ever the interment of the body of any deceased person iu tlie limits of the citv lias in the opinion of the health coinniissioner l)een unnecessarily de- layed, or where for sanitary reasons tlie inteinient of the hody as aforesaid blunild take place forthwith, or wheie in the opinion of the said health com- nii.-^sioiier such delay may lie iiijnrions to the pulilic health, or endanger the lives of the citizens of this city, it shall he his duty to issue an order direct- ing that said body shall be interred forthwith. Said order shall be directed to the relatives, friends, person or persons having iu charge the body of such deceased jierson. If the relatives, friends, jierson or jiersons as aforesaid, fail oi- iefus{> to obey said order, then and in that case the health commis- sioner shall have the jiower to removi" such body, and it shall be his duty to cause the body to be immediately interred in the public cemetery, ( M. ('., .sec. 8iii). I Sec. 8G2. Penalty for violating: preeediiij? section. — Any jier- son or Jiersons failing or refusing to dbey the order of the health commis- sioner in such cases, oi' interfering with or resisting any of his officers or emjiloyes while engaged in the discharge of his orders shall be deemed guilty of a misdemeanor, and shall uimn conviction thereof be fined in a sum not less than twenty-live nor more than five hundred dollars, to be recovered foi' the use of the city before any coui-t or officer having comjietent juris- diction. i.M. (\, sec. 801.) Sec. H68. Delayed interment — duties of police. — It is bcivliy made the duty fif the jiolice dejiartment of the city, whenever they become apjirised or have information that the interment of the body of any deceased person has been delayed beyond a reasonable length of time to notify the health commissioner of such fact, and it shall also be the duty of the jiolice to aid and assist him or any of liis ofticers and emiiloyes, while engaged in the discharge of their duty as jirescribed in section eight hundred and sixty- one. It shall also be the duty of tlie jiolice to arrest and prosecute any jier- son or Jiersons who shall bury, or cause to be buried, the body of any de- ceased Jierson in any jilace in the city not a burying ground, as jirescribed in .section 847, unless a jierinit so to do shall have been issued and signed by the health commissioner. i.M. ('., sec. Stili.) AKTKLi: XXIII. OK CREMATORIES.' ♦OriUnam-e No. 1.311S.T, .-ipprovcd April 7. 1.SS7. authorized the Missouri Crem- atory Association to erect, maintain and operate a building for the purpo.se of cremating dead human bodies and repealed ordinance No. 13.^74. Sec. 804. Crematories establislied by or«linance only. — It shall be unlawful for any jierson or jiersons. firms or corjiorations to erect or maintain au\ building in the City of St. Louis for the jiurjiose of cre- mating or destiii\iiig li\- fire .my human body, unless iiermission so to do has been first obtained fi'om the municijial assembly, by jirojier oplinance. nor shall any existing house, shed or structure be used, altered, changed, renioved or rejiaired so as to establish, conduct or carry on a (>rematory A1:T. XXlIl.j OI" CKICMATOKIES. 749 wilhiuil similar :iul lii>ril,\ . .\ii\ |irrsiiii oi- |icrsiins, linns or ciiriMUMl inn violaliii^' iiiiv of llic pi-dvisioiis of this sect ion shall lie tlcfiiicil j;iiillv iif :l inisih'iiifaiitir. ami ii|i(>ii coiiv irl inn iht'lcnr shall lie lined mil less lliaii one hini(lrciis of. — W'hemvei- the fiieiids or ri'lative.s of any person who shall lia\e died in this city shall desire to have the luuiy of such person cremated by any association duly orjtanized l»y law for the purpose of creniatiiif; dead hnman hodies, they shall lirsl tile in the id'lice of the health commissioner certiticales niaile out in diiplicale and »i;.'iied liy the physician who atleiidecl the person in his or her last illness, and in case there has lie<'ii no attending' jihysician. such certilicate niiisl Ite sijj;ned liy the coroner of the city. Said certilicate shall state the name. aj;e, se.\. c(d(tr. place of liirth (when known i. the I'.xact kicality and dale of death, loj;etlier wilh the name of the disea.se or cause of death from which sucli person dier<»us:lit to city for croniatioii— rcrtiflrato re- t|llir('(i. — \\hene\er any Imtlx ol aii\ person who shall ha\e died elsew hen", shall lie hronnht into this cit.\ for the plir|iose of Iumih; cremaled. the jiarlies shall lile with the health commissioner the cerliticate of the lej:ally consli- tuteil authoi-jties. aiilhori/.ed to issue such permit, of the |ila(e lidui whence the ImmIv has come. statin«i the cause or disea.se of which ilie person lias died, and that the liody is heinj; taki'ii lo the city for the ]iinpose of cirmaliou. ( .M. (".. sec. Sti.'i. ) s,c. 8ti7. liod.v not to Im' r;iu'd iu wriiini; by the health coininissioner or his deputy, and eertilied to by the clerk ol the hoard of health and commissionei-. fiiviiif; permission to cremate such liod.\. which permit shall set forth the name. ap-. color. se.\ and the nnmlier of the ilealh cerliticate. relating lo such person on tile in his office. .\ny pei-son in charjie of or havin;; control of any cremalory, who shall receive or cremate any body, without the |iermissioii herewith described shall be deemed f;uilty of misde- meanor, and upon conviction thereof shall be fined luit less Ihau live Liiu- dred dollars. (M. ('.. sec. StUi.) See. S6fi. MiMlfli coiii in i--^iad attendants, one in each hall, male insane, thirty dollars; head attendants, one in each hall, female insane, twenty-eight dollars; at- Iciidaiits, male insane, twenty-eight dollars; attendants, female insane, twenty-five dollars; night watchmen, male insane, thirty-five dollars; night watchmen, female insane, thirty dollars; assistant ph\sicians at insaiw asyhim and poor house, fifty dollars; druggist at city hospital, .seventy-five dollars ; druggists at other institutions, fifty dollars; head baker, pool' Ikiusc. tiriy-five dollars; assistanr liakcrs. poor house, foi-ty- ART. XXV.l OF SALARIES OF HKALTH DEPARTMENT OKFiriALS. 751 li\o iltdlars; lirad (laii\ man. \hhm- liousc, tillv tlollai's; lirsl class male help, thirtv-five dollars; swoiid-tlass male help, thirty dollars; third- class iiiaU- lu'li». twoiity-tive dollars: fourthclass male lu>l]>. twenty dollars; tirst t'lass female help, twenty dollars; second-class female help, lifteen dol- lars; third class female liel]i. ten didlars; seamstresses. t\\ enly-live dollars; messenger hoys, ten dollars; steward smallpox lios|)ilal. who shall also per- form the duties of clerk, one hundred dollars; nurses, smallpox hospital. forty dollars; ciiief physician at city dispensary, one hundred lifly dollars; seven assistant physicians at city dispensary, one hundred dollars; ambu- lance drivers, sixty dollars; sanitary officers, seventy-live dollars; inspect ors. sixty dollars; assistant clerk and hookkeeper in heallh commissioner's office, one hundred (hdlars; chief sanitary clerk, one hundred dollars; ]phy- sicians at smallpox hospital, one hundred dollars; one assistant physician at city hospital, tifty dollars; two assistant iihysicians at city hospital, twenty-tive dollars; two senior assistant jihysicians at feiiuile hospital, lifly dollars; one chief vaccine physician, one hundred dollars; vaccine physi- cians, seventy-tive diillars; mortuary record clerk, one hundred dollars; fumi^alors of luiildini^s where there have been conr;if;ious diseases, seventy- tive dollars: female attendant at dispensary who shall act as janitress. thirty live dollars; messenjrer in health oftice. twenty-live dollars. (Ord. •2-2i:i\K amend. M. < •.. sec. ,S71 and or. I. L'(I073.) As to sulurifS of superintendent of truinin^ scliool nurses see R. C. sec. 715: salary of superintendent of city tiospltal. insane asylum, female liospital and quarantine, see sees. 719 and 725; of first assistants at city liospital. see sec. 721; otlier assistants to the superintendents at liospital and insane asylum, see sec. 728: of assistant superintendent at insane asylum, sec. 732: of assistant super- intendent at female liospital. sec. 7 11: supervisor of nurses and matron at fe- male hospital, see sec. 74G: of superintendent of poor house, sec. 7S1. Sec. 8?:i. Board ami ^vashin<; — to whom alloivod. — All the officers and employes meiilioiied. whose services are reipiired :it the city hospital, female hospiial. insane asylum, jioor house and smallpox hospital shall receive in addition to the salaries mentioned in this article ho;ird and washinj; at the institution at which they are emjdoyed. but none of the ofticers or employes of the health commissioner, sanitary office or city dis- pensary shall receive board or washing at any of the cily institutions. ( .M. C. sec". Sl-2.\ See. 87-1. i'ciiipoiar.N «'iui)l<)> iiii'iit ol nu'clianics. — Whcinver at tlie city liospital. female hospital, insane a.syluin, jioor house and smallpox hospital, the buildings and machinery are in need of any slij^ht repairs, the he.-tlth commissioner may temporarily employ such mecliiinics as may Ik' necessary; but no alterations or chanjics shall be made in the construc- tion of any of the buildinjis, unless ap|>rov(>d b\- the commissioner of jiiiblic bnildini;s. The waj;es paid to the me<'hanii's thus temporarily eniplo.\ed, shall not be more than is usually paid to that class of workmen. (M. C, sec. 873.) S.c. ST."). Toini)orar\ salaries — wJioii pr<»vi(litals or dispen-saries, or to eni|)loy watercriift in the removal of sick, or to place medical insj)ectors on any railroads or any of the police dis- tricts of the city, the i>ay of all such jicrsons employed in such hos]>itals, dispensaries, or otherwise (u* any jierson not ]irovided for in this article, shall lie fix(>d by the health commissioner, by and with the :ip|iroval of the hoanl of health: jiroviilcd. however, that such salaries shall be in for<-e temporarilv and until the municipal a.s8emblv shall fix them utkcrwitse. (M. C. Sfc". 874.) REVISED CODE OR GENERAL OUDIX.\NCES. [CHAP. 12. CHAPTER 12. OF HIGHWAYS.* ART. I. Of street opening.'!. II. Of construction and repairs and preventing oljstructions. II r. Of .sprinklingr. IV. Of numbering: of liouses. V. Of stationar>' awnings. \'I. Of electric -n-ires, tubes and cables. \'II. Of supervisor of cit.v lighting and regulations pertaining to trical apparatus. VII 1. Of city UglitlnR and municipal lighting plants. IX. Of telegraph and telephone poles. X. Of garbage disposal. XI. < 'f offenses connected with highways. XII. Of city forester. AHTK'Li: 1. OF STREET OPENINGS. •• I St «. 876. Article not retroactive as to si>ecial benefits. — The repeal of sections eight liiiodred anil seventy-five, eiolit liuniired seveuty-six, eiyht hundred seventy-seven, eiglit hundred seventy -eight and eight hundred and seventy nine, ot tlie Muiiicijial ("o(h' of St. Louis and tlic suhstitutiou of the following five sections o( tiiis article therefor, shall not affect special henctils made and confirmed iiy the circuit court before said five sections go into ettect. (Urd. 2181(t, sec. 1.) Ord. 21810. approved March 8, 1905, became effective ten days thereafter. Tiiese sections were probably repealed in consecjuence of the ruling in Eyssell vs. St. Louis, 16S Mo. 607, which, however, was overruled in St. Louis vs. Brinckwirth. decided May 2l», 1907 (not at this writing reported). In connection witli the following sections should be read the Charter provisions Art. VI., sees. 1 (-/ seQ., and the notes appended thereto. Sec. 877. Wlien streets to be establislierocee«linys — notice of district affected — notice of hearing — lu'ariny — exceptions — It shall be the duty of the commissioiHMs ajipointed by the circuit court in any comleiiinal ion pro- *See Charter Art. VI. Of street commissioner, see R. C, Chap 24. Art. III., sec. 1945 et secj. ••Charter Art. VI.. sections 1 to 12. street openings and condemnation proceed- ings, and see annotations to Charter to corresponding sections. AKT I ] OF STREKT OPENINGS. 753 fceilin^ uiiilfi- ilic cliailci- ol llic t'ii\ ol Si. I.niiis in ;isicil;im. csialilisli and ili'tiiii' llic dislricl of in'oiicrty lifiit'tilcil liv IIr- |)r()|ii>sc(l iiiipi-ovt'iiiciit. Ht'l'ore the oimiiiissi()iit'i> siliall asisoss (laiiia^cs and iK'nclils. tlu' city foiin Ht'ktr sliall {;ivi' tivi> davs" noticv in tiio paiiors doinj; the c-ity inintinj: ol' tlic (■stalili.slinicnt of said disti-ict and Ilic lK)nndarii'.s tiii'iv(d'. and of tlu' tiiin' and placf wlu-n and wlicfc ihc rniiinii.s.sioncrs siiall procccii to assess said dama^'cH and lienetits. and invilinj; all jiersoiis iiileicsied to l)e (ire.seiil ; and at said liearinj; all i)ersons o\\ iiiii'; or inlen-sted in llie ]iro|(erIy in said dis triet shall ha\i' llie ri;;hl to be heard, and may excejit to the re|(ort of the eoniiuissioners before the circuit court when il is tiled. (lb., iu lieu of M. C. sec. 87(!.) See St. Louis vs. Ranken. 96 Mo. 497. 505-506; Michael vs. St. Louis. 112 Mo. 610; St. Louis vs. Brlnckwirtli (Sup. Ct.. May 29. 1907. not at this wrltlnpr riMiortcd) ; Marshall. J.. In Eyssell vs. St. Louis. 168 Mo. loc. dt. 616 (overruled In the last nannii lase hut not on this point), as to sufliclency of notice to one lieneflted by the street opening. See In general Charter Art. VI.. sec. 1 d irq. and tlie autlioritios citid in notes thenti' Spc. 879. Duties of coiiiptrollcr — vouchers — roreiptH — pay- nu'iit «>f .iu(ly:iiu'iit. — After final action is taken by said circuit court on tlie repnrl of ilic cnimiiissioners in any coiuiemnal ion jiroceedin<;s unih'r the CtiartiT of the I'iiy of St. I.onjs. and a certitie(l copN of said report wiili such final a.. compaie M. (',, sec. 877.) The section is not tlu- same as It was in the Mun. Code; see as to the same as it tlu-n stood: Brlnckwirtli vs. St. Louis (Sup. Ct.. May 29. 1907, not yet at this writing reportirli Sen. ."^SO. Paynu'iil of l»t'iu'fi(s_\vlH>n iiitcrcsl lM'j;ins to arcriM' — Jiiiioiiiil of inlcrrst — «'XtM'iit ion — l»id at cxmitioii sale tt) protect <'it.>. Tiic benetits a<;aiiisi properly as adjudged b.\ liie tinal action of «aid circuit lourt in such condemnation proceediiifj sliall be i)aid into the city treasury: such benetits. if ]iai(l within si.xty days aftei- the or dinance appropriating; the money to pay tlii' damajjes as.sessed by said tin.il action shall take elTecl may be paid without interest, Iml if not jiaid within sixty days, interest al the rate of six per f payment of such jiidu'inenls ihe city counselor is autli.) It was held In Kyssill vs. St. Louis. 16S Mo. 607. that the condemnation pro- ceedings operat>'d as a Hnal Judgment for heneftts which could he thereafter collected without the necessity of a special tax bill, on execution: this case la overruled after full diacusslon In Brinckwlrth vs. St. Ix>uls (decided May 29, 1907, 754 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 12. but not at this writing reported), and it is now held that no recovery can be had except by suit on the special tax bill; the condemnation judgment is not broad enough to include recovery by execution thereon for the benefits found. Sec. 881. Satisfaetloii of jiidjyineiit ajj^aiiist property affected — when no appropriation. — I'ljou deliverv of auy receipt above de- scribed to the city counselor, duly executed by the treasurer, the city coun- selor shall acknowledj^e satisfaction of such judfjiuent in so far as the same affects the ]>roi»erty against which such judgment for benefiting so assessed has been i)ai(l as evidenced by such receii)t. When ill any case the Municipal Assembly fails to appropriate the money necessary for the payment of damages assessed for the condemna- tion of private ju'operty for public use within the time limited by the Char- ter, the city counselor shall release or acknowledge satisfaction of the judg- ment or judgments assessing benefits for such improvement, (ib.) Sec. 882. Compensation of eoniniissioners. — In all proceedings to establish, open, widen, or alter any street, avenue, alley, wharf, market place, or public stpiare, or route for a sewer or water }>ipe, the commis- sioners appointed by the circuit court shall be entitled to have and receive from the city treasury' for their services as such, the sum of three dollars each, for each day's services in the case. (M. C, sec. 880.) The Charter now fixes the commissioners' compensation at three dollars a day (Art. VI.. sec. 8), but before the amendment, when the provision was that there should be a "reasonable compensation." this ordinance fixing the rate at three dollars, was held void: Green vs. St. Louis, 106 Mo. 454. Sec. 883. Clerical work to be done by whom. — The clerical work of said commissioners, including writing the report, shall be done and ])erformed by the force emjdoyed in the city counselor's office, and no compensation shall be allowed or paid to any commissioner for such work, or to any person, whomsoever. (M. C, sec. 881.) See annotations to the Charter provisions Art. VI. ARTICLE II. OP CONSTRUCTION AND REPAIRS AND PREVENTING OBSTRUCTIONS.* Sec. 884. Construction or reconstruction and maintenance may be let in one contract, — Whenever a street is to be improved the board of public improvements may submit to the municipal assembly a bill for letting in one contract the work of constructing or reconstructing such street and of maintaining it in good condition for a term of vears. (M. C, sec. 882.) See annotations Charter Art. VI., sees. 14 el sea; also sec. 27 and 28. Time within which work must be completed: See note to Charter Art. VI., sec. 28. Sec. 885. Same— advertisinj>- necessary Wlieu such bill shall have become a law the board of public iinjirovements shall advertise for proposals including the construction or reconstruction and maintenance under the same regulations as are provided for the improvement of streets. (M. C. sec. 883.) •For Charter provisions see Chart. Art. VI., sees. 14-18. The notes appended to these sections, giving the judicial interpretations thereof in connection with the following ordinances, should he consulted herewith. ART. II. 1 OF CONSTRUCTION AND RKPAIRS. 755 ISec. 8S(!. Advorti.st'im'iits to <-<)]itaiu what. — yiuli julvtitisciiuut shall, ill addition to what is jur scribed for otlicr stiret iuiiiroveiiients, state the term diiriiij; wliirli tlic stivi't is to be inaiiituincd in •;iio(l (•oiiditiuii, aud tiic aiiioiml of l)(iii(! wliiili the contraclor will lie rc(|uir('(l to riirnisli to se- curt' IIr' execution of tlii' cuiitiMct for niaiiilt'naiicc, in addilidii lo tlij' bond whicli. under exist inj; re^'ulat ions, lias to be furnislied for all eoiuraets for street imiii-ovenients. (M. ('.. see. 8S4.I For provisions relating; to advertising and letting, see notes to Charter VI., sec. 27 and 15; also Rev. Code Chap. 21. Art. 8. sees. 1976 rl stQ. Sec. 887. I.t'ttin;;- «'ontrat't— usual Icrms apply. — The lettinjr of tlie woi-k. the awarding of tiie tonti'act and the apjiroval of the conlraet and of the bonds sliall be carried out. as now |irovi(led for otiier street im- provements. (M. C, sec. 885.) See. 888. Asct'rtaiiiiiif; lourst bil' cost- of. — The oblifiation of the contractcn* lo maintain the streets in good con- dition shall commence one year after the completion and acceptance of the work of construction or reconstruction, aud the contract price shall be paid semi annually out of the city treasury, on the certificate of the street com- missioner that the work has been performed in accordance with the con- tract and specitications. i^I. ('.. sec. 887.) Sec. 890. Ropairs — how iiiadc ami pai«l for. — The contrac- tor shall, whenever iiotilied by the street commissioner that any rei)airs are rei|uired, at once make such i'»']iairs at his own exi)ense. and if they are not made within proper time the street commissioner shall have power to cause sucii repairs to be made, and the cost thereof shall be paid out of the fund provided for the payment of contracts for street maintenance, aud the amount shall be deducted from any irioney then due under the contract, or which may thereafter become due. ( .M. C. sec. 888.) L'ndfr the n>>w charter repairs of streets, etc., are paid for by the city, but construction and reconstruction thereof, and repairs also of boulevards, alleys and sidewalks, arc to be paid for by special taxation; see note to Charter Art. VI.. sec. 18. Sec. 891. Keconst ruction — when ordcrod iind iuaavemeuf with the same kind of material as heretofore ap- plied or with some other material api)roved by the board of public improve- ments. I M. <'.. .sec. 8S9,) .Maintenance provision; Chort. VI.. sees. H and \n. The contract pro- vision "to maintain the street In repair for Hve years" means that the contract- or's work Is such that It will last five years under the ordinary wear ond tear Incidental to the use of the street as a street. It applies only to the original quality of the work and amounts to a guarantee thereof for the use Intended. Such 756 RKVISED CODE OR GENERAL ORDINANCES. [CHAP. 12. a guarantee is nothing more than a stipulation for a sound pavement at the out- set: Asplialt Co. vs. St. Louis. 18S Mo. o7C. 579; Barber Asphalt Pav. Co. vs. UUman, 137 Mo. 543. 566; Bank vs. Woesten. 147 Mo. 467, 479; Barber Asp. Co. vs. Hezel. 1.^5 Mo. 391; St. L. Quarry Co. vs. Frost. 90 Mo. Aiip. 6S7; Verdin vs. St. Louis. 131 Mo. 26. And where the contract is between the contractor and abutting owners, the former cannot recover against the city for injuries to tlie pavement: Asphalt Co. vs. St. Louis. ISS Mo. 576. Sec. 892. Failure to refonstriu't — -jUMH'etMlinjfs, — If tlip <(iiitr;u- tor sliouhi fail to rci-onstnicr the siict'l wiiliiii Ilircc iiiuiitlis aller liaviiig been notified, the hoard of puhlie ini])roveineuts may. with tlie approval of the mayor, cancel the contract and relet the work of recoustructiusj; the pavement, and the cost of such reconstruction shall be paid by the city anft the aniouiil collected by suit from the contractor or his sureties, not to ex- ceed twelve dollars per square of i)avenu'nt. included in the contract. ( M. 0.. sec. 890.) Sec. 893. Rt'pair.H resultin<»- from disturbance of pavement. — Whenever any repairs ^>f the street are made necessary from the con- struction of sewers, the laying of pipes or telegraph wires, or from any other disturbance of the pavement by jiarties acting under jyermits issTied by the city, the contractor shall, on notification fi-om the street commis- sioner, immediately make all necessary repairs in conformity with the spcci- tications for this class of work. ( M. <"., sec. 891.) Sec. 894. Same — how cost of ascertained. — The cost of all such repairs, exclusive of trenching and back-filling, which shall be done by the parties who hold the permits and in the manner as now required by exist- ing orilinances. shall be jiaid for at the full contract price for a superficial S(|uare of new ]iaveiiient out of the fund set apart for the payment of con- tracts for the maintenance of sti'eets. and the amount shall be certified by the street commissioner to the auditoi-. who shall reimburse by transfer, the aforesaid fund from the funds of the projier department if tiie repairs were made necessary by the construction of any juiblic ini]U'ovement ; and out of the funds to be deposited by persons obtaining permits for o])ening streets before such permits are granted if the rejtairs are made necessary by ^\•ol■k done under such permits. ( M. (".. sec. 892.) See. 89.5. Contractor lias rifilit to make repairs. — The cim- tractor shall have the right to m.ike all re|).iirs whrdi become necessary by the construction of any ])ublic inipiiiM-mcni or by the work done li\ jjiivate parties under permits given In the eiiw i .M. ('.. sec. 89;>. ) But the contractor cannot sue the c-ity for its negligent injury to the pave- ment: Asphalt Co. vs. St. Louis, ISS Mo. 576. Sec. 89(>. Contract to contain above i)rovisions. — In ad- dition to what is presiiiiied for otiiei- street iiiiiirmcments. the contract shiUl embody all of the provisions of the last seven preceding sec1i(Mis. I M. C. sec. 894.) Sec. 897. 3Iaintenance bond retpiire*!. — In addition to the bond now WMpiired for street improvements, the contractor shall give a maintenance bond, conditioned that the pi'inciiial therein shall maintain the street during the term and in strict accordance with the provisions of his contract. The amount of such bond shall m.t exceed twelve dollars for e\ery scpiare of one hundred supei-ticial feel of the street embi'aced in the contract, i M. ('.. see. 89.").) A1;T II I OF CONSTUUCTION .\NI> REPAIRS. 757 Sw. 89S. (Jas, st'\v«'i- aiiil wator «-oniHM'li«ms to Uv iii;uU' in iMivaiM'*' iMTiiiit — violation mise determined from the construction of the particular street in (|uestion. Any person who shall himself violate, or hy another cau.se to be violated, this section of this article, shall be jiuilty of a misdemeaiioi'. and upon conviction thereof, shall be tined not less than twenty ti\(' dollars, nor more than live hundred dollars, i M. ('., sec. )Si(S.( LitiTul compliance with this ordinance is not always rctiuirod: a special tax bill is not rendered invalid by a failure to observe Its requirements which Is due to dirference in grade of tile streets and when the walk as construrted Is not less valuable to the abutting property nor less safe or convenient for public use; Steffen vs. Fox. 124 Mo. 630. s. c. R6 Mo. App. 9. Sec. 901. IVrniission to construct siilewalk, — Whenever tiic imi- uicipal as.sj'mlily shall direci. by ordinance, the iniiiroveiiient of a imblic Htreei or avenue, the board of ]iublic iin|irovemeiits siiall. upon the a|i]ili- cation of the owner of any iir0.i. The ordinance and permit thereunder to the owner to construct the sidewalk "in front of his property" being silent as to Intersections at the corners, the owniT Is required to pay his pro rata to the contractor reconstructing the side- walks at the Intersections, even If he. the owner, had had the work ilnm-: He- man v.-i. McManus. 102 Mo App. 649. 758 REVISED CODE OR GENERAL ORDINANCES. fCHAP. 12. Sec. 902. PerniiMsiou to construct cros.s walks. — The board of imhlic iiiiprovenient.s shall grant any person permission to construct a cross- walk at his own expense at any ])oint upon any street, avenue or highway, when such cross-walk will not obstruct the public carriageway or incon- venience the public; provided, that the cross-walk shall be constructed of the kind of material and in the manner directed by the board of public im- provements. ( M. C, sec. 900.) Sec. 903. Granitoid sidewalks to be constructed within certain limits. — All sidewalks hereafter constructed, laid, rebuilt or re- paiied in that portion of the city, within the district bounded as follows, to-wit: ICast by the east line of Third street, north by the north line of Franklin avenue, from Third street to Lefflngwell avenue, and by the nortli line of Easton avenue from Leftingwell avenue to the western city limits, west by the western city limits, and south by the south line of Clark ave- nue, from Third street to the west line of Twelfth street, by the south line of ^Market street from the west line of Twelfth street to the west line of Jefferson avenue, by the south line of Laclede avenue, from the west line of Jetterson avenue to the west line of King's Highway boulevard and by the north line of Forest I'ark from the west line of King's Highway boule- vard to the western city limits, shall be constructed of artificial stone flag- ging or such other stone as may be approved by the board of public im- provements. iM. ('.. sec. 901.) Section (prior to amendment) upheld: Skinker vs. Henian. 14S Mo. 349; He- man vs. Franklin, 99 Mo. App. 346. See. 904. Sidewalks — repairs— regulations for construction of. — The street comiuissioiicr shall, whenever a sidewalk within the boun- daries alxive described, is out of repair, notify the owner or owners of the adjoining property, or their agents, tlirough the mail, to have the same re- paired or rebuilt; and if such ownei' or owners, oi- their agents, fail to comply with said notice, within ten days after the date of mailing said notice, then the street commissioner shall cause the work to be done under the annual contract for artificial stone flagging, whose principal constituents are composed of crushed granite and Portland cement; jn-ovided, however, that the board of jiublic improve- ments may grant permission for the temporary use of material other than that herein provided, dtiring the erection or repair of buildings, or prior to the construction of the street; and jirovided, further, that the street com- missioner, during seasons when permanent work cannot be done, shall, when he deems it necessary, notify the owner or owners or their agents to make temporary rej>airs; and if such notice is not complied with within five days, the street commissioner shall make such temporary repairs \\ith brick un- der the annual contract. (.M. ('., sec. 902.1 The validity (or at least usefulness) of this section and the two follow- ing ones, seems to have been rendered doubtful by reason of the Charter amend- ment in 1901 to Art. VI., sec. 15, which omitted that portion relied upon by the municipal authorities as conferring authority under which these sections could formerly be enforced, and it has been claimed th.it there is now no authority for the annual repair contract. It is also to be remembered that under the pres- ent Charter, while the cost of reconstructing all highways is chargeable to abut- ting owners, the cost of repairing streets, avenues and highways is cbargcableto the cit.v: V>ut repairs of boulevards, and of alleys and sidewalks, is to be paid for by special taxation on owners: See the present Charter. Art. VI., sec. IS, and note thereto. And see also as to distinction between the rules applicable to streets. and those applicable to sidewalks and alleys: Skinker vs. Heman. 148 Mo.. 349. 3li3, reciting the provisions of the then charter, before the amendment. AKT II 1 OF CONSTRUCTION AND REPAIRS. 759 Sec. 905. C'tist of ciiustriictuMi sliall 1>«' a lien. — Thi' cost of all work (loiic by the stivet roiiiinist^.sesse(l as speeial tax. — When said work is couipletetl the president of the l)oard of public iiiipr(»veuients siiall cuniiiute the cost thereof, and levy and assess the same as a special tax against (>acli lot of ground diai-geahle therewith in the names of the owners thereof respectively, and shall make out and certify til the comptrollei-. on behalf of the contractor, bills of smli cost and assess- ments accordingly as required by law. i .M. ('.. sec. 1MI4.) See notes above. It was held under these sections that It was for the city authorities to say whether the sidewalks needed reconstructing or repairing and Its Judgment was conclusive in the absence of bad faith, and that the owner can- not defend against a tax bill on the ground that the repairs were unnecessary: Heman vs. Franklin. 99 Mo. App. 346; Sklnker vs. Heman. 14S Mo. 349. Sec. 907. Permission to build sidewalks required. — No con- tractor or projierty owner, or other person, shall lay. rebuild or repair, or cause to be laid, i-ebuilt or reiiaireil, any sidewalk within the city, without lirst having obtained written permission frtnn the street commissioner so In do. I M. C, sec. 905.) s, I . !KiS. P«'nalty for eonsjrnctinfj sidewalks <'<)ntrary to (trdinance. — Any prrson eonstrurtiiiu' ;38. amending M. C, ser. 9(17. i S'-4> note to sec. 904 supra: and see Charter Art. VI.. sec. IS and note. Under the old provisions of the Charter this ordinance was sustained as valid: Sklnker vs. Heman. 14S Mo. 349, 353; the owner could not defeat the special tax bill by showing that the sidewalk was not out of repair: Heman vs. Ring. 85 Mo. App. 231 and cases cited Sec. 910. Repair <»f alleys— notice— special tax. — The street commissioner sh;ill. whenever the |iavement of an alley is out of repair, cause the same to be repaired; lint he shall notify tiie owner or owners, or their agents, of the property adjoining that ])()rtion of the alley needing re- pairs, through tiu' mail, at least tivp days prior to commencing any work of repair, that such repairs will be made. The cost of making such repairs shall be as.sessed as a special tax upon the adjoining projierty. and each lot shall Ih' taxed only for the rejiairs made on ili;il portion of the alley ad- joining it :ind lying l>otw(HMi the lot line and the center of the alley, i Ord, •_' UKl'AlltS 701 Sfc. !ilG. Slwult' troos — wIht*- itlaiitt'd — \iolitti4tii niiscU'- nu'aiior. — Shade troos may lu' plaiilcil iicai' iln' curlistoiu's of (lie side- walk: pnivided. that tlie same sliall iu>i lie |ilaiited n\er two feet inside the cufh line, e.\(ei)t with the iieniiissioii and nn coiLstnict stici'ls, Ot<*. — The boaid ol puliiic improvements is hereby atitlioi'ize(i to grant jier mission to the o\\ iieis of |iroperty frontin;; upon or adjoininj; any street. avenue, pnldic highway or alley, to <;i-ade. consinicl of fecoiislruct the cnrb- inj;. jiiitiei-in^r. loadway pavinjc of sidewalk paxini; of such sifeet, avenue, public hi;;hway of alley, at saiil pfopefty ownefs" own cost and expense. All such wofk shall lie done nmh'f the snpei-vision of and accoidiiig to plans ami specifications a|ipi'oved l>y said boafd. The foadways of sifeets, avenues and public highways so consuiirted of feconsif u( led shall be cleaned and rejiaifed by the city as othef sifeets of similai- matefial and conslfiiction are cleaned and fepaifed. All smli ]iefmils shall be given upon the exjifess condition that they shall not be conslfiied to im|paif in any way the fight of the city to i-econsifuct such stfeets. avenues. ]iublic highways of alleys at any time, noi- in cniitle such owners lo any claim fof ilamages against ihe city fof feconsi fuct ing the same. i.\I. ( "., sec. !)!."). i S. — Hefoi-e such iiefinissioii is issued the jtarty or parties making apjilicatioii thefefof shall pay into the city tfeasury a sum of money, to be fixed by the boafd of public impfovemeiits, but not less in any case than two liuiidfed and fifty dollafs. said sum to be a s|iecial ftiiid. out of which siiall be paid the cost of all engineefing and inspection which sliall become necessai-y on account of any wofk done tindef such |iefmission, as well as all costs fof fefilling. oi' any othef expenses to which the city may be (itit on account of such wofk, of of any violations of the conditions of i-egtilations undef which the same is done, and if, aftef de- dticting all such payments, there be any remainder, it shall be retufiuMl to the parly of parties by whom the fund was created, i .M. < '.. sec. 91<;iilatioiis for coiisfruc ti«ni, — The board of ]niblic imjirovements may. when reipieste occnjiied umler a sidewalk by a i>roperty owner in front of his building shall be limited to the space between the building line and a line five feet from and [parallel to the exterior line of (he ctirbing. In no instance shall the ground under an entrance to an alley between the building line and the curb line of the street be excavated. Second, the outer area wall shall be laid in first class hydraulic cement mortar, and shall be ]>ointe(l outside at least four feet di>wii fi'om the toji of the wall. The wall shall not be less than two feet ihii k at the bottom for a height of twelve feet battei'ed to eighteen inches at the top in all cases. Third, detail drawings showing the jilaii of con- struction of the vault, and written specifications for same shall be sub- mitted witii application, and when api>roved by the hoard of public im- provements ;inublic safety. ( M. ('., sec. 920.) Sec. 923. Excavations in sidewalks to be bridged When ever any person shall excavate the sidewalk of any street for building pur- poses, it shall be his duty to place a strong and substaiiti;il foot bridge over such excavation in the line of the sidewalk; said bi'idgc shall b(> at least five feet broad and secui-ely railed on each side, so thaT foot ])assengers may [)ass over it safely and conveniently at all times, i M. C. sec. 921.) ART. II.l OF CONSTRUCTION ANIJ KKPAIHS. 763 Sw. 924. Ex<*avatic r«'iic(Ml, ctf. — <»l>.strii0. That portion of the ordinance requiring a red light to be posted was referred to in the case of McCarty vs. Transit Co.. 192 Mo. 1. c. 399. See. 9l'.5. I't'iialty. — .Vny iierson violating or failing lo comply with any of the |)rovisions of the next four ju-eceding sections of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof, be fined not less than ten dollars, nor more than five hundred dollars, (il. (J., sec. 111':?. I Ser. 92ti. Kx<'avali(>iis in str<'('ts — additional r«'mila(i<>ns — fiiiitl for t'xp«'iist>s — pcrniit — nianncr «»t «'x<'a\atia\iii^ — cxiK'n.st'.s of iiisiuM-tion— ^vi(lu^^a^val of special fuiul. — .Vny person, tirm or corjioratitui desiring to make an excavation in any public street, alley or highway, for any purpose whatever, shall ai)iily to the street commissiiuier for a ]>ermit. which itermit shall only be issued after the ai)|iliiaiit has deposited with the city treasurer the sum of twentytlve dollars for each seventy-live feet of trench or fractional part (if seveutylive fiH't to be excavated, as a special fund to be used by the street commissioner as hereinafter jirovided. but no excavation permit shall, however, be issued during the winter montlis if iu the opinion of the street commissioner tin? conditions of the weather are such as to make it iiuju-acticable to refill the trench on account of frozen ground, unless it becomes iiu]>erative to repair leaks in water pipes, gas ]ii|ies or sewers; iu such cases the trenches shall be retilled with sand, if ordered In dn so by the street commissioiiei'. It is provided, however, thai when the deposits with the city treasurer herein re(|uired aggregate the sum of live thousand dollars no further de- posit shall lie re(|uired from any one party except such as are necessary liereunder to kiH'p the aggregate dejiosit fully ecpial to such sum of five thonsand dollars. Sl'KCI.VL PKHMIT .NIX'KSSAI: V No excavation shall be made in any jiublic street, alley or highway more than two blocks in lengtli at any one time, except by 8i)ecial permit from the street commissioner. DRIVEWAT ACROSS t:XCAVATION. In all cases where excavations are made entirely across ilie imblic high- ways, a substantial driveway shall l)e niaintaiued by the party making the 764 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 12_ excavjitiiin. iktoss sikIi excavation until suili excavation is retilled, and at all times sliail be subject to the a]i|iroval of the street commissioner. FII.LING EXCAVATIONS— RESTORATION OF PAVING. lu making excavations in aii.\ pulilic street, alley or highway the pav- ing iiiateiial and eaith removed must he ke]it separate, and deposited in a manner that will occasion the least iiu'onvenience to the public, with jiro.- visioii I'oi- pro]iei- surface drainage and a safe passageway for travel. The refilling with earth of all trenches made iu any public street, alley or high- way, shall be done at once in thin layers not exceeding four inches in height, firmly rammed with a rammer weighing not less than thirty pounds until the excavation is tilled uji to the proper line for placing the pavement thereon. Hut in case the said refilling is not done to tlie entire satisfaction of the street commissioner, then the street commissioner shall have the right to take out all the earth from the excavation and have the same refilled at the expense of the party who made the excavation and charge the cost thereof against the deposit of money belonging to the aforesaid party. The street or alley pavement after refilling shall be placed in as good shape and condition as it was before such excavations were made. _\11 deficiencies in material shall be made good with new material liy the party making the excavation. Whenever a trench is excavated in any jmblic street, alley or highway upon which is laid a pavement of granite, brick, asjihalt. bitumin- ous macadam or wood blocks, the street commissioner shall direct how nuicli of the pavement it will be necessary to remove, and how much of the old paving material can be used again; all deficiencies shall he made good with new material by the party making the excavation. The iiavemenf shall be restored in a firm and stable manner; whenever a pavement is laid on a con- crete foundation, fresh cement shall be used to replace the old concrete taken out, and the old concrete shall be used as a partial tiller and not hauled away. The new concrete and the pavement proper must immediate- ly thereafter be replaced in a good and workmanlike manner. INSPP;CTION. Whenever any of the aforesaid work is (hnie under a permit from the street commissioner as hereinbefore provided, in any jniblic street, alley or highway, such work, together with the work of refilling the trench and restoring the pavement, shall be done under the charge and direction of an inspector ai)pointed by the street commissioner, whose duty it shall be to see that the aforesaid work is properly done, and is in accordance with such rules and regulations as may be prescribed by the street commissioner. Tlie ])ay of the said insjiector shall be charged against the deposit herein- before ]irovided. and shall be at the rate of tliirty cents jier hour. The time allowed the insi>ector shall be comi>uted only for the number of hours he is actually inspecting the work. Whenever a person, firm or corporation ai)]dies for a street excavation permit, he shall state in writing in his apjdi- cation the hour he or they will commence work, and tlii' inspector's time shall be allowed from the hour so stated, whether the work is commenced or not; ])rovided the ins]iector is on the ground iirejiareii to overs(>e the work. When any of the aforesaid work is not done stiicily in accordance with the instruction ()r th(> inspector, or in coin]iliance with the rtiles and regtilations iirescrilied by (he street commissioner. (U- is not iii-ojierly main- tained for a jieriod of two years after the coiii])letion of said work, the s.tid commissioner shall cau.'Je all such work to be done and the cost iheieof shall b(> charged against the deposits liei-einb»>fore ]irovid(vl. I ART. II.) Ol'" I'liNSTIU TTloN AM" l:i:i-AlUS. \VITUI>K.\W.VL 111- Sl'KCIAL ITN'K 7(iJ ^^'ll('Il(■\»•l• llif whole or |>Mrl ul' siiitl (h'lio.sil .shall lia\c Ikh'II ('Xpt'udt'd for till' |inr|niKc htTcin ilcsirilifil. no ww ]icriiiit foi- cxtav al ion siiall Im- is- sued unlil llie riiiid i.s lproiiL;hl \\\> airaiii li\ tiiillier deiiosil wilh the city Ii-easiii-er lo the full sum rei|uii'ed liy ihis section. \\lieiLO\-ef any pei-son « ho has a deposit w itii tlu' eity tfeasufer lor tiie jiufpose ol' takinj: out per inits for e.xeavat ions undei- this .st-ction, desires lo withdraw such deposit, lie shall notify the street coniniissioner. who tliereu|ion shall certify to the president of the hoard of public iniprovemeiits a voucher for the uiiexpeiid- eil Italaiue of said deposii ; jirovided that all excavations previously made have been relilled as reipiiicd li\ ihis section ami all )iavenienls repaired to the satisfaction of the street commissioner, and have Imm-ii mainlaineil ill fjood order for at least two years. The jwesideiit of ihe hoard of piihlic im|irovements shall certify said \()Uclier to the city auditor, who thereupon shall draw his warrant upon the city treasurer in fa\i>r of said iiersoii for said amount staiidiiiL' to the credit of the special fluid created hy the jmy- meiits herein pro\ ided, and shall take his receipt in full of all claims against the cii\ on account of said pa\uients. (Ord. L'II.'m. aiiiiiidinj; M. v.. see. !tL'4.1 Sic. 927 l'lic huildin^s authori/in;; the occupation of ati\ portions of pulilic streets, alleys, or sidewalks, for use in connection with Itnildinj; operations, or for the iilacin;; thereon u( luiildinj; materials, shall lie and are hereliy revoked, and the further use of such streets, alleys and sidewalks for the jiurposes aforesaid shall lie unlaw fill except as provided ill sections '.ll'S and '.•-•!•. lOril. I'l.-.'.U.p See 92S T«'nii> occupation ol si(|c\\alk, alley or street— pcrinit, liow oldaiiu'd— premise's to he kept in «»rderl> <-on(lition— special tiiud l<» he kept up— ant horit \ of street 4'oinniissioner^u li.it parts of sid<'\\ alk, et<',. nia> he oeeupi«-d — I'urtluM' r<>};:ulalions, «'|«'. — uitlulrawal of spe<-ial y the street commissioner, to defray ex|ien.ses liy reason of a failure of the person, tirm or corporation to whom the ]iertnii may he issued, to keeji said streets, alleys and sidewalks adjacent to the premises whereon said liuildin;; operations are carried on. in a clean and orderly eoiidition diiriii}; the time for which permissiou for said temporary occii- pafioii is asked; and it is hereliy made the duty of any person, firm or cor poration carrying on any liuildin;; o|K'rations, to keep the strti'ts, alloys and sidewalks adjoining; the premises whereon said operations aro eon ducted, in a clean and ordei'ly condition during: such operations, .-ind .U the oxpiriition of the time stipulated in said ]ierniit. which shall not excei-d tho 766 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 11. time stipulated in the building permit, or whenever ordered bj' the street commissioner, the person, firm or corjioration to whom the permit may be issued, shall remove all materials and rubbish from the streets, alleys and sidewalks adjoining said premises and shall leave the same in a clean and orderly condition. STREET COMMISSIONER AUTHORIZED TO REMOVE OR REPILE OBSTRUCTIONS. The street commissioner is hereby authorized to clean the streets, al- leys or sidewalks adjoining any premises whereon building operations are being carried on, whenever the same may be found in an unclean or dis- orderly condition, and he shall remove or repile any building materials or rubbish or obstructions wliich may be found outside of the spaces author- ized by his permit to be occupied thereby, or within, four feet of any fire- plug or electric conduit manhole, and he shall issue a voucher for the j)ay- ment of the cost of such cleaning or removal, which shall be charged against and paid from the deposit hereinbefore provided. SPECIAL FUND ON DEPOSIT. Whenever the whole or part of said dejiosit shall have been expended for the purpose herein described, the street commissioner shall notify said person, firm or corporation to whom the permit may be issued to jiay so much money into the city treasury as will bring the deposit again up to the amount hereinbefore required, and in the event of the failure of said depositor to deposit such additional .sum, said street commissioner shall revoke said permit and i.t shall lie unlawful to occujiy any of the aforesaid streets, alleys or sidewalks with materials, dirt or rubbisli after the revo- cation (if said permit or to neglect or refuse to remove all materials, dirt and rubbish from said streets, alleys and sidewalks after having been noti- fied so to do by the street commissioner. The extent of occupation of such street, alley or sidewalk or part thereof for which a permit may be granted by said street commissioner, shall be as follows: HOW MUCH OF SIDEWALK MAY BE OCCUPIED— REGULATIONS AS TO SIDE- WALKS—DANGER SIGNALS. Said permit shall not authorize the occuijation of any sidewalk, street or alley, or jiart thereof other than that immediately in front of or in thfe rear of the premises of the building upon which said jiermit is issued. Dur- ing the progress of building ojieralioiis at least one-third of the sidewalk in front of the premises of the building for which such jiermit is granted shall be at all times kept free and unobstructed for the jmrjiose of jiassage and clear of rubbish, dirt and snow. Such sidewalks must, if tliere are excavations on either side of same, be protected by substantial railings, which shall be built and maintained thereon so long as such excavations continue to exist. It is not intended hereby to prohibit the maintenance of a driveway for the delivery of material across sucU sidewalk from the curb line to the building side. It shall be jiermitted for the purpose of de- livering material to the basement of the buildings, to elevate such tem- porary sidewalks to a height not exceeding four feet above the curb level of the street, and where excavations are made under or across any sidewalk, the street commissioner is hereby authorized to require such elevated tem- porary sidewalks to be erected so as to att'ord safe and convenient passage and such elevated sidewalks shall be pro\ided with good substantial steps on both ends of the same, and shall liave railings, as before specified, on both sides thereof. If the buildinir to be erected is more than four stories ART. II.] OF CONSTRUCTION AND REPAIRS. 767 iu heigLt, and is set at or near the street Hue. there shall be built over siicli sidewalk a roof havin<; a framework and coverin'i coinpospd of supports and striiijiors of three l>y twelve limbers, not more than eif;ht feet from centers covered hy two lavers of two-inch plank. Said roof shall be main- tained as lonj; as material is being used or handled on .'lank before any material is placed on it.) lOarlh taken from excavations and rubbish taken from buildings must not be stored upon sidewalks or roadways of streets or alleys and must be removed from day to day as rapidly as produced. \Miere dry rub- bish, apt to i)roduce dust, is being handled, it must be kept welted down so as to prevent its being blown about by the wind. For all buildings more than four stories in height the use of derricks set ui)on the sidewalk is i)ro- hibited. Materials for such buildings shall be hoisted entirely within the inclosing walls of the same. The jiermission to occupy streets and side- walks for purposes of building is intended only for use in connection with the actual erection, repair, alteration or removal of buildings and must terminate with the coiniiletion of sinli oj)eration. It shall be unlawful to occupy any sidewalk or street or alley after the expiration of the time for which a {)erinit has been issued by the street coininissioner. It shall also be unlawful to occupy sidewalk, street or alley under authority of such permit for the storage of articles not intended for immediate use in con- nection with the operations for whii-li such |iefinit has been issued. Red lanterns shall be dis})layed and maintained during the whole of every night at each end of every pile of material in any street or alley and at each end of every excavation. It is provided that if the written consent and a waiver of .claims for damages against the City of St. Louis of the owners of the property abtitting upon the site of the proj)Osed building is first obtained and tiled with the strt»et commissioner, the iiermission to occupy the roailway nuiy be extended beyond the limits of such building ui>on the same terms and conditions as those herein fixed for the streets in front of the building sites themselves. WITHDRAWAL OF DEPOSIT. Whenever any person who has a deposit witli the city treasurer for the pur[)Ose of taking out permits, as herein described, desires to withdraw said deposit, he shall notify the street commissioner, who thereupon shall certify to the presiilent of the board of public imiirovements a voucher for the unexpended balance of said deposit; i)rovided. that all streets, alleys or sidewalks have been cleaned as reipiired by this section to the satisfaction of the street commissioner. The president of the board of jmblic improve- ments shall certify said voucher to the auditor, who thereupon shall draw his warr;int upon the city treasurer in favor of said jierson for saiil amount standing to the credit of the special fuml i rediied by the |>aymeuts herein provided, and shall take his receipt in full of all claims against the city on a. count of said payiueuts. (Ord. 21394, amending M. C. sec. 925.) That portion of the above section (929) which la enclosed In brackets was not passed as a part of the Revised Code, but Is an amendment added by Ord. No. 22S8S 76S REVISED CODE OR GENERAL ORDINANCES. tCHAP. 12. (approved March 13. 1907, after the submission of the Revised Code to the as- st-mbly), too late to become incorporated in tliis revision. Temporary occupation of sidewalk by merchandise, etc. See Rev. Code. sec. IL'IC. A manufacturing company may make reasonable use of the streetsfor the de- posit of their goods, for the purpose of loading or unloading, though not directly authorized b.v a municipal ordinance; but it has no right to make a permanent use of the street for storing its property, or to make such temporary use as would unreasonably interfere with travel; Oerdes vs. Iron Co.. 124 Mo. 347. 354; Corby vs. Railroad, 150 Mo. 1. c. 469-470. See also Loth vs. Col. Theatre. 197 Mo. 328, 347 ei •ifQ. While it is true that sidewalks are intended for pedestrians, it is also true that a teniporar.x' use of them, for a reasonable time, for goods or materials in making public improvements, building houses or carrying on business, is a law- ful use; Hesselbach vs. St. Louis. 179 Mo. SOT). 523. See also Straub vs. St. Louis, 175 Mo. 413; Christman vs. Meierhoffer, IIG Mo. App. 46. 51; Frick vs. Kansas City, 117 Mo. App. 488; Westliche-Post vs. Allen. 46 Mo. App. 181. As to when obstructing a highway is a nuisance, see note to heading to R. C. Chap. XII.. Art. 12. sees. 584 et seq; see also what are proper uses to which a street may be put. note to Charter. Art. III., sec. 26. clause 2. See, 929. Ruhhish fnmi burned buiUliuffs to be removed, — Whenever a public sidewalk is obstnieted by debris or rubbish caused by the burning of any building it shall be the duty of the owner of such prop- erty or his duly authorized agent to cause the same to be removed within seventy-two hours thereafter; and all serviceable building material which may be collected after the burning of the building may be placed by the owner or his duly authorized agent upon the street in front of such prop- erty; provided, that in no ca.se shall the space thus occui)ied exceed that permissible in the preceding section, nor shall he be allowed to occupy this space for a period longer than one month unless a building permit be taken out for the reconstruction of such building, and a permit from the street commissioner be issued for the occupation t)f such street, alley or sidewalk, (/6„ amending M. C„ 92G.) See. 930. Penalty. — Any person, firm or corporation who shall vio- late the provisions of the last two preceding sections, or shall by another cause the violation thereof, shall on conviction, be deemed guilty of a mis- demeanor and tilled not less than five dollars nor more than one hundred dollai's, for each otl'ense, and every day whereon such violation shall exist shall be deemed a sejiai-ate otl'ense. I /?*., amending sec. Hl'T.) See, 931, Condemned buihliug^s, etc. — sale <»f, when In all cases where property, such as buildings, walls, fences, sheds, outhouses, or other material obstructions, shall have been taken or condemned in any l)roceeding for the ojiening of any public highway, a sale tliereof shall be made by the city marshal, at public vendue, to the highest bidder, for cash, which shall be i>aid at the time of the sale and deposited in the city treas- ury within two days thereafter. The conditions of such sale shall be, that fn the event the property so sold shall not be moved otf of the public high- way within twenty days from the day of sale, the city marshal shall pro- ceed to sell the projierty so previously sold, or any portion thereof, again, and the money received at the first sale shall be forfeited to the use of the city, without recourse IliiMefor, either l»y luirchascr so neglecting to remove the same, his heirs or assigns. |M. (",, sec, !t"JS. ) Sec. 932. Streets — obstructions, to whom reported. — When- ever it shall come to the knowledge of the street commissioner that any street, alley, sidewalk, curbstone, avenue or' carriageway, which has beea duly dedicated or established according to law, has not been opened or is in an.\ manner oUslriuted, or that there are an.\ em roachmenfs uiion any such |niblic highways within the city limits, he may, upon his own motion, or shall, at tlie desire of any person interested therein, inform the board ART 11] OF CONSTRUCTION AND REP.UH. 769 of |piililii' iiii|>rovemeiits at the first meeting thereof, and if it shall Ix' found bv said board tliat siu'h oponini:, or removal of ob.strui'tion is desirable as a matter of publi<' convenience or necessity, he shall immediately give the city counselor information thereof in writing, which shall be accompanied bv a plat showing such obstructions or encroacliments. (M. C, sec. As to Charier authority concerning obstructions, etc., In streets, see Art. HI., sec. 26. clause 9: also i4. clause 2; and see authorities cited In notes to the latter and to note In Rev. Code Chap. 11. Art. 12. under "Nulaanecs." Sec. 9.'$,3. Duty of city <'Oiiiis<>l<»r. — The city counselor, upon the receipt of such iiilormai iun anil plat, shall fortliwiih prei>are a written order for the removal of such obstructions or eiiiToachiueuts, which shall be signed by the mayor, and city counselor, and directed to the city mar- shal, who shall immediately proceed to execute the same. (M. C, sec. 930.) Sec. 934. Notii-e t<> be jjriven. — Upon the receipt of any such order so signed, the city marshal shall give the owner or owners of the jtroperty fronting upon such obstructions or encroachments (and the occupant or oc- I'Uliants thereof if any be found thereon i. at least live IarshaI when to remove obstruct ions. — If, upon the exjiiration of the time mentioned in such notice so served, the obstructioas or encroachim-nts ;ue not removed, the city marshal shall forthwith pro- ceed to remove the same, and the expense of such removal shall be advanced by the city out of a fund to be specially set aside bv ordinance for that purpose. (M. C, sec. 933.) Sec. 937. Special tax bill to be issued, — As sooti as the amount of the entire expense of such removal shall have been ascertained, it shall be assessed in favor of the City of St. Louis, against the ground fronting upon the jt>bstruction or encroachment, pro rata, and the owner thereof, and a sjiecial tax bill shall be issued therefor by the comptroller and delivered to the collector for collection, (M. C, sec. 93-t.) This section is said to be of doubtful validity since the Charter amendment of 1901, ellmlnatlncr portion of former section 15 of Art. VI. But sec as to Charter authority to remove ohstructlons at expense of owner, also Art. III., sec. 26, clause 9. S><'. O.'l.s. Police examinations and reports as t«» repairs and cU'aninj; by.— The police shall examine the condition of the streets and alleys wiiliin their respective districts from time to time and report to the street commissioner through the police commissioners such as need repair- ing; they shall also observe within their respective districtB the cleaning 770 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 12. of the streets, alleys, avenues, market places and public squares of the city, imd report to the street commissioner through the police commis- sioners such as need cleaning. ( M. C. sec. 935.) Sec. 939. Same — report as to litterinj? and obstructing. — It shall be the duty of the police in their respective districts to enforce the I)rovisions of this article, and to arrest any person violating any provisions thereof. And it shall also be their duty to promptly report to the street coinmissioner any and all streets or parts of streets or highways upon which any article has been jilaced, spilled or thrown in violation of the provisions of lliis article. They shall also examine the condition of the streets and alleys within their respective districts from time to time, and report, without delay, to the street commissioner through the police com- missioners such as are obstructed in violation of any of the provisions of this article, i M. C, sec. 93(i.) See. 940. Streets, cleaning — The work of sweeping and clean- ing by machine or manual labor the carriageways and gutters of all streets and avenues of the City of St. Louis, [laved with granite blocks, vitrified paving brick, wood blinks or asphaltum, shall be done by the st'-eet com- missioner. All exjienditures made under this section shall be paid out of the fund set apart for street cleaning — granite blocks, vitrified paving brick, wood blocks and asphaltum p;nTuients. lOrd. 20220. amending M. C, sec. 937.) ARTICLE III. • ' OF SPRINKLING.* •For charter authority for ordinances concerning sprinkling see Art. VI.. sec. 29. As to the duty of street car companies to sprinkle the space between the tracks see Rev. Code sees. 1901-1903. Sec. 941. Sprinkling contract to be let. — The board of public improvemeuts is hereby authorized and directed to let the work of sprink- ling such of the streets and ]iublic places of the city, and parts thereof, as are the sprinkling districts designated in this article. iM. ( "., sec. 93S i Sec. 942-1071."' [The .sec timrs from 942-1071 following in tin' Revised Code (onstiluted ord. 221<)r) defining s]ii-inkling districts and streets to b' sjirinkled. and amended ^L (".. sec. 939-9!)3 and 994-104S inclusive. See note- below.] ••Sfctions 943 to 1006 inclusive of the Revised Code defines the sixty-four sprinkling districts into which the city is divided; sections 1007 to 1071 set forth the streets and places to be sprinkled. These sections were retained in the code at the request of the street department for convenience of reference, though in strictness they should have been excluded, since ttiey are special ordi- nances and not of a technical general nature which are alone called for in a re- vision. The matter covered by sections 943 to 1006 is changed every year by an- nual ordinance (in .accordance with the Charter Art. VI.. sec. 29). The ordinance in the Revised Code covers the year 1906. and between the date of introduction of the revised ortlinance and its passage, a new ordinance amending every section of the sprinkling provisions was enacted (Ord. No. 22716. approved Dec. 20. 1906). so that sections 943 to 1006 as enacted in the Revised Code were superseded and obsolete even before their approval as part of the revision. In view of these • facts and especially since all of them are of a special nature at all events, and not properly a part of a revision, they have not been printed in this volume. Sec. 1072. Settings, how ina and sprink- ling plugs shall be used, as aforesaid, which rules aiul regulations shall be submitted to ami ajiproved by the mayor before they shall become binding. The coutractor in each district shall be responsible for any damages or in^ juries done to the lire i>lugs used by him or his employes in the perform- ance of his contract. All repairs of damages or injuries done by the con- tracior (U- his em|doyes to a lire plug shall be nuide by the water commis- sioner, who shall certify the cost of sanu> to the street ('(unmissioiier, whose duty it shall be to deduct this amount from any money due to the con- tractor for W(M-k |ierformed. or which may become due him umlcr his con- tract, and the auditor shall transfer this amount from the street sprinkling fund to the water-works fund. In cases where it would nuinifestly incon- venience the city to allow the use of any particular plug or plugs, as afore- said, the board of public im]irovements. with the approval of the mayor, is lierebv authorized to establish plugs or water boxes for (he use of the con- tractor. i.M. C, sec. 104!).) The contracts embody a similar condition as to deduction for injuries to flre- pluss, etc. Wliere the amount to be deducted for Injuries claimed by the city to have been done by the contractor's employes Is In dispute, an acceptance ot the amount tendered by the city to be in full. Is a settlement with the contractor, although he accepts under protest: PoUman Coal Co. v.s. St. L^uis. 145 Mo. 651. Sec. 1073. Spi'oiJication.s to bo made. — Before advertising for bids, the board of public improvements shall make all specifications for the contemplated contracts, which shall be submitted to the mayor for his ap- proval. ( M. C, sec. 1050.) Sec. 1074. Hitls may be rejected Should the bids received for the afoivsaid w board. (M. O., sec. lO.'.l.) Sec . 107.5 Ciiiantity of water to he ii.setl, b<»\v refjjulatetl. — The amount of water u.sed and the manner of its use, together with the whole work of s]irinkling, shall be under the control and supervision of the street commissionei-. under such rules and I'egulations as may b(! [U'escribed by the board of public improvements, and approved bv the mavor. (M. (\, sec. lOr.2.) Sec. i(»7t>. I'"iii|>l<).\ rs ill s(r<>('| s|>i-iiikling; iiiire — <|iialirM:ilioii salari<'s— t-oii v«'vaiices, «>t<'. - Tlic siit-et commissioiier is hereby authorized and may «iili ilie .-ipproval of the mayoi- appoint the following subordinates in the street sprinkling division i>f the street ilepartment. who shall hold their re s|K'ctive ofticcs during the pleasure of the sti'eet commissioner. anublic improvements, and by the comptroller de- livered to the collector of this city on or before the first Monday in April, in each year, or as soon thereafter as practicable. Said special tax bills shall be and become a lien on the property charged therewith, from the first ^tonday in April of the year in which they are issued, and they shall be prima facia evidence of the liability of the property charged therewith to ART. III.) OF SPRINKLING. 773 the exifiii and auimuu ilaTfiii s[PO(ilk'il, ami may bi' i-olU'c-ii-d of tin- DWiier of the laud, in the name of and bv the City of St. Louis, as any otiier claim in any court of competent jurisdiction, with interest at the rate of six per centum per annum from the lirst day of May in each year, and if not paid by the first day of June in each year, then at the rate of eij:ht ])er centum per annum from the lirst day of .Vpril in each year, and all bills iu the hands of the collector, uncollected and unpaid on the second day of June iu each year, shall be transmitted to the city counselor, for collection l)y suit or otherwi.se. The said special tax bills shall be substantially in the followiufi form, and the si o ex fa ^ S QC U3 3 X eL( < o H -T3 re o nJ pq <} o M ■*-• ^3 O H M o Pi HI o O o Z 2f o •a „ ^ o u •A o CO M c C 1-1 ^ O n ■d a. n a a o CO □ ^ ' « g ^^ o w ' S ^ ca < ■ Q (0 o C ^ s K _j_, O ^1 m t- ca )_ 1> o ) a. Q en en s O U o en Gd ^ C9 o H "3 P ^ ^ °-K " -<-> O (A 1 a^nJ -u O "^ U) Ll, to — < S< >-l H K< i:^ OS u J3 O 'J5 a-' 3v„ Z o ■ II 3« ) ^O I» tn ^ K s o tn < Z _^ D en CO O a M ^ ) o z .a ■a a a a o o o. tn V > JS efl 41 o r) J3 S-, •d 'J 1 en f» fl , n OJ CO ja c _ o [CHAP. 12. a O c as 3 O Pi tn (Ord. 20539 Amending M. C. Sec. 1057). ART. IV. 1 OF NUMBKRING HOUSES. 775 Si'c. 1081. t'cuitriU'l <'o.s( to lie paid monthly.— Tin- (routrm-t cost i>( Ilic sprinkliiij; shall l>c paid iiioiillily out of tiie fity ti-casiii-y lo tlic coutrai'tor, subject to Ibu leruus, specilicalions and coudilions coulaincd iu each coutract, respectively, and tbe city treasury sbali be reimbursed for such expenditures by tlie proceeds of tiie sjjecinl tax bills af(m>said. (M. (J., see. Uir)S. 1 See. lUSi'. Temporary rlorks to Ik- oiuployi'd.— To enable tbe jiresident of tbe board of public iniproveinents. tbe comptroller and tbe city counselor to carry out tbe jirovisions of tiiis article, said officers respect- ively are antbori/.ed, with tbe approval of tbe mayor, lo employ such tem- jiKiaiy clerks as are necessary, in their several departments, who shall be jiaid for their services while emjiloyed. al Ibe rate of two «>kuk street. — The numbering of all houses fronting t>n public streets of that part of tbe ("ity of St. Louis, between tbe former southern city limits at Keokuk street and tbe northern limits of the former city of (^a rondelet. and between tbe wharf and the western city limit, shall be in confoi'Miity with tbe |irovisions of .section one of ordinance number five thousand seven hundred and one. The nundiering of all bouses fronting on the ]iublic streets of the former city of Carondelet shall be in conformity Willi the following rules: First, the odd numlwrs shall apply to the north and west sides of tlie street : and the even nundiers shall ajiply to the south and east sides of tbe stre<'ts: second, on .all the stre<>ts running in a north- erly and southerly direction, the nundiering shall be in numerical continna- 776 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 12. tion of that of the City of St. Louis, north of the former City of Carondelet, as provided for in section one of ordiuauce live thousand seven hundred and one; third, on all streets running in an eastwardly and westwardiy di- rection, the numbers shall commence with number one hundred at Main street, and shall increase east and west at the rate of one hundred numbers for each block as nearly as the variations of the streets will admit of. (M. C, sec. lOtJl.) Sec. 10S5. Xumberinj? — in new limits. — The numbering of all houses fronting on jjublic streets in that part of the city situated between Grand avenue and its southern continuation, and the city limits of eighteen hundred and seventy-six shall be in conformity with the following rules, viz. : First, the odd numbers shall apply to the north and west sides of the streets, and even numbers shall apply to the south and east sides of the streets. Second, on all streets running in a northwardly and south- wardly direction, the numbering shall commence with number one at La- clede avenue and its western continuation, and it shall increase north and south at the rate of one hundred numbers for eacli block, as nearly as the varying series of streets will admit — thus: Eichelberger street. Arsenal street, Chouteau avenue and a straight line running from the southeast corner of Chouteau avenue and Manchester road to the southeast corner of Forest Park, thence along the south line of Forest I'ark and its western continuation of the city limits, Laclede avenue and its western continua- tion, Easton avenue, Xatural Bridge road and Calvary avenue shall be rectified lines of uniformity in numbering north and south. Third, on all streets running in a westwardly direction, the numbering shall commence with thirty-six hundred at Grand avenue, running south of Florissant ave- nue, and shall increase going westwardly at the rate of one hundred num- bers for each block, as nearly as the varying series of streets will admit of — thus : Grand avenue, Bellefontaine road, I'^udora avenue, Gustine avenue, Vaudeventer avenue, Prairie avenue. Morgan Ford road. Tower Grove ave- nue. Park avenue, running tlirough the subdivision of the Laclede race course, Boyle avenue, I'endleton avenue. Vine Grove avenue, Clarence ave- nue, Gravois avenue. King's highway. Lay avenue and Snead avenue and their connections northwardly and southwardly, shall be rectified lines of uniformity in numbering westwardly. Fourth, the general rule shall be that one hundred numbers shall represent eacli block going westwardly from (irand avenue, and a like number for each block north and south of Laclede avenue. (M. C, sec. 1062.) Sec. 1086. Street conmiissioner. — The street commissioner shall establish all house numbers, and shall allow one number for about twenty feet of vacant ground, and he shall furnish all owners of houses with the information necessary for them in phicing tlieir numbers on their houses, giving in each case a certificate of the number properly ajijilicable to it. and all numbering shall be done strictly in conformity with tlie directions of the street commissioner. (M. C, sec. 1063.) Sec. 1087. Penalty for violation. — All persons owning or occupy- ing houses are hereby required to number their hou.ses in conformity with the ju'ovisions of this article, and any person who shall number or attempt to number a house otherwise than in conformity with the ju'ovisions of this article, or who shall fail to change his number, if wrong, on notification by the street commissioner, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than five, nor more than fifty dollars for every offense. (M. C, sec. 1064.) ART. v.] OF STATIONArjY AWNINGS. 777 AKTICLE V. OK STATlON.MiV .WVNMNnS'. Sec. loss. Stationary awiiiii-^-, not iK>rniitt«>y shall he reconstructed with columns, girders and rafters of iron, and of such plan as may he a]i proved by the linard of piililic iiiiiirovempnts. ( M. ("., sec. KKUI. ) Sec. UiDO. IVrmit.N may Uv };ranti'(l. — The boiu-d of public im- provements, subject to such conditions and regulations as may be estab- lished In ordinance, may. when re(|uested, grant permits for the construc- tion of awnings in this city, ouiside of the districts pi'escribed in sections ten hundred and eighly-i'ight and leu hundred and eighlynine. tlie plan and material for such awning to be ap[iro\(Ml by said board. .Vny ]ierson whi> shall ereit an awning ouiside of tlie district described in the first sec- tion of this article witliout permission lirst had and obtained from the board of public iniproveinents, or who shall erect an awning not in con- formity to the plan, or of malerial other lliaii that a]>proved by the boarlau to bp approved by tlie board of pul)lic improvements. (M. C, sec. lOGD.) See R. C. sees. IIS and 1243. .See also Loth vs. Columbia Theatre Co.. 197 Mo. 328, 343, where this ordinance (then sec. 1069 of Mun. Code), was involved In the facts before the court and its provisions and validity, slightly discussed. ARTICLE VI. OF ELECTRIC WIRES, TUBES AND CABLES. Sec. 1093. Conditions of plaeinj? wires, etc. — No wires, tubes or cables conveying electiicity for the production of light, heat or power shall hereafter be placed along or across any of the streets, alleys or public places in the city, by any per.son, corporation or association not having, previous to the passage of ordinance number 10894. approved October 26, 1892, accepted and com]ilied with ordinance number 12723. now amended, or unless duly authorized by the iininicii)al assembly, and then only as provided by ordinance. (M. C, sec. 1079.) • This section was part of Oril. 16894, app. Oct. 26, 1S92. The right of a company, even If Its charter be derived from the state (as claimed by the Laclede Gas Light Co. in this case), to run electric wires, etc., is still subject to such reasonable police regulations, and regulations of the use of the public streets as the city sees fit to impose, amongst others to require under- ground wires: Laclede Gas Light Co. vs. Murphy, 170 U. S. 78, affirming State ex rel vs. Murphy, 130 Mo. 10: State ex rel vs. Murphy. 134 Mo. 54S (afterwards over- ruled, but not on this point). See also cases cited beLow. Telegraph and telephone companies liave under the statute a right to occupy the streets in constructing their lines of wire, and with the consent of the city to lay the same under ground, and the city may contract with them as to the conditions of its consent, which are then binding upon it; the city in granting a company the right to such underground conduits acts in its proprietary capac- ity under the Charter. Although the telegraph company is not strictly a com- mon carrier, the use of the streets by such a company is a public use, not incon- sistent with the purposes a highway is intended to be used for, and the city may require it to permit other companies engaged in a similar business to lay their wires in its subway: State ex rel Subway Co. vs. St. Louis, 145 Mo. 551 (overruling State ex rel vs. Murphy, 134 Mo. 548). That the erection and main- tenance of electric contrivances, telegraph and telephone poles and wires, on the streets, subject to all reasonable regulation and control by the city, is a proper use to which the streets may be put, and not a diversion to improper purposes, has been frequently held: Julia Big. Assn. vs. Bell Tel Co.. 88 Mo. 258; St. Louis vs. W. U. Tel. Co., 149 V. S. 465, 467 (construing St. Louis Charter); W. U. Tel. Ca vs. Guernsey Light Co.. 46 Mo. App. 120; Gay vs. Mut. Un. Tel. Co.. 12 Mo. App. 4S5 (holding that ordinarily property owners cannot complain); Forsythe vs. B. & O. Tel.. 12 Mo. App. 494 (no right to erect unsightly poles) ;the regulations by the city must be reasonable; State ex rel vs. Flad. 23 Mo. App. 185; Hannibal vs. Tel. Co., 31 Mo. App. 23. The city may exact a charge in the nature of rental from telegraph companies for the occupation of its streets by telegraph poles: St. Louis vs. W. U. Tel.. 149 U. S. 465; s.c. 148 U. S. 92; Lancaster vs. Briggs, 118 Mo. App. 570; provided said charge is not so unreasonable as to operate to impair theobligations ofcontract: St. Louis vs. W. U. Tel Co.. 63 Fed. 68, affirmed 166 U. S. 388. But while the city may regu- late the use of the streets as to telegraph or telephone poles, wires, etc., it has not the right under its charter to fix the charges to be made by telephone com- panies: 'st. Louis vs. Bell Telephone Co., 96 Mo. 623 (see R. C, sec. 1195, seeking to reserve such right); and even an express charter provision to that effect would confer no such right: State ex rel vs. Telephone Co.. 189 Mo. 83. See fur- ther as to right to contract for the use of the streets by telephone company: California vs. Telephone Co., 112 Mo. App. 722: Lancaster vs. Briggs, 118 Mo. App. 570. And as to rights of cities and telephone companies over conduits and man- holes in the streets see Mo. Ed. Elcc. Co. vs. Weber, 102 Mo. App. 95. with discus- sion of cases on the subject. ART. VI. 1 OF ELECTRIC WIRKS, TUBES AND CABLES. 779 As to the law governlngr liability of an electric light company for Injurle.i resulting fro^ii Its wires on the piiblie streets or alleys see Gannon vs. Laclede Gas Light Co.. 145 Mo. 502; WInkelmann vs. Elect. L. Co.. 112 Mo. App. 184; GeUmann vs. Electric Light Co., 173 Mo. G54. Where the city by an ordinance gives Its consent to a company to use the street by laying a conduit for convoying electricity, for a certain amount semi- annually, and then refuses to permit such use because It Is claimed the ordinance Is void. It cannot claim the consideration during the time It so prevents the com- pany from using the street, although the supreme court during that time holds such ordinance void, afterwards overruling such holding and declaring It valid and enforcing the company's right: National Subway Co. vs. St. Louis, 169 Mo. 319. usual manner: Sec. 1004. .Planner ol placing to Uv [iiescrilKMl l>> l>oai>' any wires, tubes, cables, poles or other ai)iiaratus tor conducting or transmitting electricity above the surface, along or across any street, alley or jmblic place in the aforesaid territory after December 31, 1898. shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be tiued not less than ten nor more than five hundred dollars, and each and every wire, tube or cable over each and every street for each and every &d\ shall constitute a sejiarate otfense. (M. C, sec. 1073.) Sec. 1097. Wires, etc., when deemed obstruction. — All con- ductors, poles and other apparatus used for conducting or transmitting electricity along or across any street, alley or public place in the sei'tiou of the city described in section \(V.)T), after December 31, ISt'S. shall be deemed an obstruction to and encroachiiicnl on the public highways, except those used by street railways, as now aullioiized by sjiecial ordinance.- ( M. C, sec. 1074.) AliT VI.) OF ELECTRIC WIRES. TLBICS AND CABLES. 781 Spo. 109S. I'»'ii;ill_\ lor tailiii*' lo |>l;i<'«' \>ir«'s, «•<<•., iiiuler nblic places aftei- Ilecember ."U. IS'.IS. shall be deemed ;;uilty of .•1 misdemeanor, and upon convicliun theretoi' siiall be lined not less than len nor more than one hundred di>llars, and each and every wire over each and every street, aHey oi- jmbiic place, shall consiitute a sejiarale olVense for each and every day liiai said wires, lubes oi- cables are permilted to remain. I .M. •'.. sec. 107."). i Sec. lt)9!). IVriiiit to place wiros, otc, uiulor frroiiiHl rcciuirtMl. — Any j)erson or persons, m any rply for and receive from the board of public improvements a permit to construct sucli conduits, ducts, man- holes, and other appurtenances as may be recjuired for placing said wires, lubes or cables underground; said application to he accompanied iiy full, general and detaih'd plans, showing the route, capacity and dimensions of said conduils, iisi(l«>ration «>r iii:iniu>r <»f placing wires, etc., iiiulerjjrouiul b.v l>oarr4»veiiieiits. — The board of pub- lic iiii]iro\eiiienls is hereby aulhorizcd and direcicd ujion receipt of any ap- plicalion. inadc as jirovidcd in .section III'.IJI, or ii[ion ils own motion, to designate a day. which shall be not nioi'c Ihan ninely days aflei' Ihe ap])roval iif ihis amendatory ordinance, on which ihey will consider the matter of constructing conduits, ducts, inardudes and other ai>purlenances in the streets, alleys and public places named in said application or motion, and shall give tifteen days" public notice by advertisement in the city daily papers of the time and place and object of their meeting, and of the streets to be considered, and on such day all parties inlerested may apjiear. and any person or jiersons. corporal ion or association specitiiMl in section 10!l!t. desiring lo construct a conduit on any street, alley or public place named in the advertisement, shall at that time pre.sent in writing, with plans and details, a statement of their requirements. After said hearing the board of public improvements shall consider all of the ai)plications, statements, plans and details i>resented. and examine into the space available for con- duits or duels under the streets, alleys ami public j)laces. named in the ad- vertisement, and shall decide \ipon. ])repari' and approve such plans, details, construction, conduits, dtn-ts. manholes, materials ;ind comlitions as in their opinion the public interests seem to demand, and shall include in the plans such ducts, manholes and a|)purtenances as the city may require for its po- lice and fire alarm circuits and telephone service, said ducts, manholes and appurtenances as the board may provirle for the use of the city, to be con- structed an p.'irlies receiving the jiermit, and to be used by the city free of charge or cost of any kind. Where more than one appli- cation, statement or [)lan is presented to the board of public improvementH 782 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 12. lor fuiiduits, ducts or uianholes on any street, alley or public place, said board shall La\e jiower to compel such ajiplicants to build and maintain joint conduits, and in case the construction thereol' involves a joint outlay, and in case of disagreement among interested parties, said board shall ap- l)ortion the expense of the construction and maintenance of such conduits, ducts, manholes and appurtenances as may be jointly constructed by two or more applicants. (M. C, sec. 1077.) See where two companies jointly oonstrueled and used conduit; Wagner vs. Ed. Bl. Co., ITT M(i.. 44, 49. Sec. 1101. A\'lit'ii pcr.soii.s or corporations iisiii<>- wire ox- elutletl, etc. — AH persons, corjioratious, or associations which fail to ap- pear on the day and at the time designated, and submit applications above stated, or fail to accept in writing the apportionment of costs made by the board of public imjirovements, or fail to deposit with the city treasurer the amount required by section tl2() within ten days after notice from said board as to its finding, shall be excluded from all right or privilege to ob- tain under this article, conduit, duct or manhole facilities in the streets, al- leys or public places named in the advertisement insofar as such streets, alleys and public places are within the territory defined in section 1095, but shall not be excluded from such privileges in such portions of such streets, alleys and public places as are outside the limits of such territory, nor in such streets, alleys, and public places within said territory as are not included in said advertisement, and no i)erson or corjioration shall hereafter obtain a permit under this article from the board of ])ublic improvements for conduit privileges within such portions of the streets, alleys and public jilaces named in said advertisement as are within said territory defined in section 1095. But, in reference to all streets, alleys or public places which have not been assigned, or which having been assigned, and are not occupied as herein jirovided, the board of public improvements may proceed, and such persons, corporations or associations as are specified in section 1(199, may make ai)iilication and may acquire rights at any time hereafter, in the man- ner anil subject to the same obligations, duties and conditions provided in tiiis article. (M. ("., sec. 1078.) Sec. 11(12. Permits to construct, alter or repair iiiidersroiuid conduits, etc., conditions The board of public improvements is hereb.\ authorized and directed to grant permits to construct, alter or re- pair conduits, ducts, manholes and other appurtenances, under the surface of any street, alley or ])ublic place within the city and to string wires, tubes and cables therein for conducting or transmitting electricity, under the terms and in accordance with the jn-ovisions of this article, to any person or jiersons, cor]ioration or association furnishing or using electricity for public use, on coni])liance by such jierson, persons, corjxiration or associa- tion with the terms and conditions of this article, and article eight of this clia|)ter, and all other ordinances in force at such time; jirovided that such person or jiersons, corporation or association shall file with the city register a jienal bond in (he sum of fifty thousand dollars, with two or more good and sufficient securities", approved by the mayor and council, conditioned that the conduits, ducts, manholes and other appurtenances shall be con- st rncled in strict accordance with the plans appro\ed by the board of jmblic imiirovements and that the city shall be held harmless from all suits foi- damages which may ai-ise from the consti-nction of s.iid conduits, ducts, manholes and other aiqturtenances ; and conditioned further that such per- son or pei'sons, coi']ioration or association, their assigns or successors, shall faithfully comjiiy with all the terms of this article and chapter and with ART. VJ.l OF ELECTRIC WIRES. TUBES AND CABLES. 783 all ordiuaiici-.s ;iii(l laws iiuw in I'orcr, uf wliicli may lie liereufter euat-ted, (.ttui-erniiit; roiuhiils, ilucts or other a|i|iiirtt'iiaii«t's or uiKlcr^M-oiiiid wires. Sm-li bonds shall be renewed from time to time, whenever I he mayor may so (.rder, as a londitiou of the eonliiuied use of the eonduit iirivile','es ob- tained nndiT this rliapler. and any refusal to renew a liunit all ri^'hts here\inder. iM. (".. see. 1079.) See. 1U);5. IVnalty wiu'ii no |K-iniit olttiiiiu»«l. — Any piisun or |iersons. ((priioiation or association, who shall sirinj;, or eanse to be strung, any wire, tube or eable above or beneath the sni'faee of an.\ sli-eet, alley or imlilic ](laee without a iiermil. shall be deemed j;iiilt.\- of a misdemeanor, and on eonvietion thereof shall be fined not less than lifiy dollars nor more than live hundred dollars. (M. ('., see. KISD.) See. 1104. City's riylit to |nir<-li:isc <«nMlui(s — metlioresiding judge of the St. Louis Circuit Court. The arbitrators shall meet at the mayor's office in the city on tiie thirty-first day after the service of said notice, and after duly f|ualifying shall jn-oceed without unnecessary delay to ascertain and determine the value of the conduit or duct or jiart thereof desired to be [Mii-chased and descrilied in such notice, and they, or a majority of them, shall sign an aw;ird specifying sm-Ji valuation, one cojiy to be tiled with the city register and one copy to be mailed to the owner or occupant of the conduit or duct or part thereof to be |:urcha.sed, at liis or its last kmjwn address in the city, and each of the parties to such arbitration shall ])ay one-half of the arbitrator's fees, whiy sucli .-irbitralors. each for himself, and recovered in any courl of general jurisdiction in the city. After the filing of such award the city shall within ninety days pay to such owner or occupant or into the Circuit Court of th(> city for his oi- its use, if lie or it refuse.'! to receive the same, the amount of such award, and ni;iy thereupon take possession of such conduit, duct or part thei-et<'., to l»e iiiaiiitaliKMl witlHtiit <'os( to city. — All concliiiis. (Incis. manlixics ami uiImt appinicii.iincs shall be maintained by the owners thereof without cost to the citv and to the satis- 784 REVISED CODE OR GENERAL ORDIXANCES. [CHAP. 12. faction of the board of public improvements; failing such maintenance by the respective owners, the said board may ordei' any work done which it may deem necessary for the proper maintenance at the cost of the owners, and failure by the owner to jtay such cost shall constitute a breach of the bond provided in section eleven hundred and two. (M. C, sec. 1082.) See Mo. Ed. Elect. Co. vs. Weber, 102 Mo. App. 95, 101. This case also holds that the company using conduits by the city's permission and constructed in ac- cordance with the ordinances need build its manholes in the streets only of suf- ficient strength to bear such weights as they may be subjected to when the street is used for ordinary and proper street purposes; and that it unusual and extraor- dinary use results in the destruction of the manholes, the party causing the damage is liable. Sec. 1106, City to control t'omliiits, etc. — may order changes, etc. — The city shall at all times throuf^h the board of public improvements have the right to inspect, superintend and control the construction of con- duits, ducts, manholes and other appurtenances constructed under this chapter, and the city reserves the right from time to time to order an^ changes to be made either in the construction, material or manner of main- taining the same, or in the location in the street. All such changes or al- terations shall be made by the owner without expense to the city, and if any person or persons, corporation or association fails to comply with any ordinance directing such changes within such time as may be specified there- in, then said board may cause such change or alterations to be made by the city and the owner of the conduits or other appurtenances so changed or altered shall pay the cost thereof on demand by the city comptroller. Fail- ure to make such payment when so demanded shall constitute a breach of the bond of such owner and shall forfeit all the rights and privileges hereby granted, (M. C, sec. 1083.) Sec. 1107. Streets to be restored to good conditilicants shall carry on the work of construction at such point as nearly at the same lime as may be practicable and as may be directed by said board, so as to distui'b the street at such point to the least degree possible, and any company or persons, refusing or failing to carr^' on its work of construction at such point, at that time and in the manner directed by said board, shall be deemed to have waived any right to any conduit privileges in such street, allev or public place at such point. (M. C., sec. 1085.) ART. VI. J OF ELnCTRIC \VIHi:S. TIHIOS AN1> C.VHM^S. 785 Sec. 1109. \\'lu'n lUTiiiits bt'conu' V4>i«l. — Any pcnnit friimtod uiidt'i" tliis rli!ii)lt'r shall hccoiiic xuid iiiilc.-is (lii- work tluTciii uiitlinri/.iHl is hc^iiii within si.xtv davs afUT such |ifrniil is issued and is iirncffdcd \\ iih continuously and in ^ooil failli to coniidclion within a roasonahie tinif rhffcartci-. I .M. C. sec. IdSC.) Sec. 1110. rrovisioiiM iu»t applM-aldc 1«> r«>rtiiiii ronipaiiics unless jU'ft'ptiMi, etc. — Ordinance iiuniluT IMtlSI) [.scctituis ID'.ll lo 111" inclusive] shall not apply to any company uow cxistiiiti in the city and authorized to maintain its wifes. lulies and cables aloni; and uiioii the puh lie sti-eels of the city, under and in [lursuance o( any conlract now e.\islinj; tietweeii such com|iany or coni|ianies and the city for the lijihtin.u of the streets (d' said city with (»iectricily, unless said ci)iuj)any or companies shall upon tlie approval of said ordimiiu'c lile wiih liie city rejjisler an accejit- ance of the terms and provisions of this ariicle, and shall also lile with tin- city re}.jister a release and discharjie of the city from the aj^reenuMii and covenant of the city to pay any ]iart or jtortion of the cost or e.\])ense of placing the wires, tuhes and cables of such comjiany or <-ompanies under ;;rounil and in comluits as provided in said contracts. And it is further provided that if said company or companies shall acce|it the pranies shall jointly and severally agree to pay into the city treasury tivt> thousand dollars on the first day of Sei)tendM'r, IS'.M!. and a like Rum on the lirst day of -lanuary, of each year thereafter down to and in- cluding January first, lltlKI, then the city does hereby release and discharge said com]ianies from any and all liability to pay to the city the sum of five per cent of their gross receipts from jirivate lighting which may have ac- crued or may hereafter accrue during the life of said contracts numbered twenty one hundred seventy-six. twentyoiu^ hundred seventy-seven and twenty one hundred seventy eight, and during the faithful perfcu'inance of said conlracis, which latter terminate by limitation, l»e<'ember thirty-lii^t, 1801), and .lainiary first, litOO. res|iectively ; provided, however, that after January tirst. l!Kl(i, said companies shall not be released from the payment of the live |)or cent of their gross receipts, required by section 112"), nor from complying with all the otiier terms and conditions of said section 1125, and all other general ordinances pertaining to electric lighting comiianies; but, on the contrary s;iid companies expressly agree after .lanuary tirst, 1!HMI, to be bound by the jirovisions of article six of this chapter, and of all Didinances now in f(u-ce or hereafter adopted. (II. C, sec. 1087.) Sec. nil. Permits only {^ranted wlieii terms of ordinance accepted. — No permits shall be granted to an\ comiiany or coiujianies to consii-uct underground conduits under ordinance number ISfJSd [sees. IdllJ to 1117 hereof inciusive|. until such c(uii|iany or companies shall tile with the city register an acceptance of thi- terms, conditions and obligations of said oi'dinance [se(tions| in all i-especls. ( .M. ( '.. sec. KISS.) Hnr. 1112. AVhen rifrlits under ordinanc*' terminate. — Tip- rights, privileges and powers conferred and authorized by this article shall cease and determine and become null and void on the fifteenth day of A|>ril. nineteen hundred and ffirty. (M. (".. sec. 1089.) Sec. 1113. Prices for services — Until April fifteenth, nineteen hundred and forty, the prices diarged to customers for telephones, tele- 786 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 12. phoue services, electric light and power by persons, corporations or asso- ciations obtaining underground conduit privileges in the streets, alleys and other public places within the city, shall not in any case exceed tiie jirices charged for a similar or corresponding use or service on January first, eight- een hundred and ninety six. i M. C. sec. lO'JO.) See note to sec. 1093 as to rigfht of city to fix telephone rates. Sec. 1114. When poles and fixtures to be removed.- All poles and other fixtures shall be removed by the owners thereof within ninety days after their wires, tubes and cables supported thereon shall have been removed. (M. C, sec. 1091.) Sec. 1115. Restrictions as to use of conduits, etc.— No per- son, persons, corporations or associations, building conduits, under ordi- nance number eighteen thousand six hundred and eighty [sections 1094 to 1117 hereof inclusive], shall have the right or privilege to lease or sublet space within such conduits, or to use such conduits, for purposes other than required by the individual needs of the ])erson. i)ersons. corporation or asso- ciation so buildiug such conduits. Auy violation of this clause shall be deemed a misdemeanor, and shall cause a forfeiture of all the rights and privileges granted hereunder. (]\1. C, sec. 1092.) See where, under the St. Louis ordinance, two companies jointly constructed and used underground conduit: Wagner vs. Edison Elec. Co., 177 Mo. 44, 49. As to power of city to compel company to permit another to use its conduit see note to sec. 1093. Sec, 1116,- City reserves rijjlit to repeal The city reserves the right to alter, amend or repeal ordinance number eighteen thousand sis hundred and eightv [sections 1094 to 1117 hereof inclusive], at auv time hereafter. ( M. C. 'sec. 1093.) Sec. 1117. Certain apparatus to remain overhead— conditions. — All clock, burglar alarm, commercial priuter. uightwatch and other mes- senger callbox wires, carrying currents of low tension, and not fastened or attached to poles or other fixtures, placed or set in the streets, alleys or other public places, within the limits named, shall be permitted to remain overhead; provided that all such wires shall not be less than thirty-five feet above the surface and securely fastened, and that each wire or cable sliall be covered throughout with insulation, to be ajiproved by the sui)er- visor of city lighting, aud that each and every wire shall be tagged with lead tags (and in such manner that it will be impossible to remove the tags without destroying the wire or the fixture to which it is attached), plainly marked with the owner's name and that no such wires shall be used to connect with immoral places or whose existence is contrarv to law. i ^I. C, sec. 1094.) Sec, 1118, Application and plat to be filed. — Any iier- son or jiersons, coiporatiou or association, duly authorized by ordinance to do business in the city, and desiring to place along or across any of the streets, alleys or ]iublic jilaces of the city, such wires, tubes or cables, shall file in the office of the board of public improvements an application therefor, stating in detail the streets, alleys or public jilaces which said wires, tubes or cables are to occujiy. and the manner in which said wires, tubes or cables are to be secured or supported aud insulated, together with a plat showing the I'oute of such wires, tubes or cables. (M. C, sec. 1095. ) ART. VI.] OF ELECTRTC WIRKS. Tl'HES .VNO CABLES. 7g7 Sff. lllii. IVnilit nia> be j;ranttMi. — The board of imblic improve- ments is hereby authorized, i\\n>n the liiiuj; of the application and plat re- quired b_v tlie preceding; sfttion. to grant a permit for sucli ofcu[ianf_v of tlie sti-eets, alleys and pnlilic plaees lu-rein named, with such rest rietiuns, ref^ulalions and (lualitiialions as may be prescribed by said boai'd, and \in der the supervision aiul lo the satisfaction of the supervisor of city light inj^. (M. C, sec. 109G.) See. 1120. Wires, etc., may be placed on telefjraph poles, etc., when. — That iu case any person or persons, corporations or associa- tion, duly authorized by ordinance, desirinj; to place along or across any of the streets, alleys or |iulilii- places of the city, such wires, tubes or cables, sliall. with the aiijilication and plat heretofore provided for lile in the ofliee of the board t>f i)ublic impro\ements the written consent of any telegrajih or telephone company, or any other electric light or power company, doing business iu the city, to the i)laciug of such wires, tubes or cables upou the poles of said telegraph, telephone, electric light or power com])any, situated in tlie streets, alleys or |iublic jiiaces named in such apiilicatioii. the board of iniblic im]U'ovements is hereby authorized to grant a permit for such oc- cupancy of the poles of such telegraph, telephone, electric light or power com|iany. with such restrictions, regulations and qualifications as may be prescribed by said board, and under the supervision and to the satisfaction of the sujiervisor of city lighting. (M. C, sec. 1097.) Sic. UJl. Poles (o l»e placed in alley.s — when. — Wlien- ever an alley is a\ailable for the jilacing of poles for the su|)port of such wires, tubes or cables, the board of public improvements will adverti.se for five days ]U'evious to a day set for hearing objections or arguments in favor of placing the said poles in the alley. Tf, after due consideration, the board of pul)lic imiu'ovenients are of the opinion that the placing of poles for the purposes aforesaid is ju-acticable, such poles shall be ])laced along said alley insteatl of along the street named in ap|)lication. Where the fioles are set in any alley tliey shall be located as near the side lines of the alley as j>raclicable. and in such a manner as not to incoiiimode the [lublic or the adjoining proprietors or residents. (M. C, sec. 1098.) See. irJ2. ninien.nlon.s, construction and location <»f poles. — The poles used as herein provided shall be of sound limber, not less than five inches in diameter, at the iipjier end, straight, shapely, and of uniform size, neatly plam-d cu- shaved, and thoroughly jiaintcd with two coats of lead and oil paint of such color as may be directed by the board of luiblic im- provements, and be sujiplied with iron steps, commencing twelve feet from the surface of the grouml and reaching to the arms supporting the wires, tubes or cables; said wires, tubes or cables shall be run at a height not less than twenty-five feet above the grade of the street. Whenever the poles are erected on a street they shall be placed, in all cases, when practicable, on the o\iter edge of the sidewalk, just inside the curbstone and on the line dividing the lots one from the other, ami in no case be so placed as to ob- struct the drainage of the sti-eets. (U- interfere with oi- damage in any way the curbstones, trees or other public or private property on the line of the street or alley or public place where such poles shall be erected. (M. C, sec. 1099.) Svp R. C. sec. tISl. nfarlv th.- Knm.- See. 1123. Streets and ane.>s to be replace«l — Any person or persons, corporation or association having made e.Tcavations in the 788 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 12. streets, alleys or public places of the city for the purposes aforesaid, shall replace the sti'cets, alleys or i)ublic places iu such nianuer and iu accordance with such regulations as may from time to time be prescribed by ordinance, or by the board of public improvements, and to the satisfaction of the street commissioner. (M. C, sec. 1100.) See. 1124. Alterations in location of poles, etc., may be ordered — penalty for failure to pi'oceed. — The right is hereby re- served to the board of public improvements at any time to direct any altera- tions iu the location of said ])0les. and also in the height at which the wires, tubes or cables shall run; but before any alteration is made, at least five d;\ys' notice iu writing shall be given to the person or persons, or the presi- dent or the officer in charge of the company affected by the proposed altera- tion, and reasonable opportunity shall be afforded the representative of such company, or any citizen interested, to he heard in regard thereto. But when any such alteration shall be ordered, the said comiiany shall, within five days thereafter, commence such alterations and comi»lete the same as soon as jiracticable thereafter; and upon failure so to do, it shall be deemed guilty of a misdemeanor, and punished as hereafter provided. (M. C, sec. 1101.) See as to xvhen city has right to compel change of location of telegraph or telephone poles, note to sec. 1179. See also as to regulations of poles, etc., sections 117B-1195 and notes thereto appended. Sec. 1125. Privileges conferred — on Avhat conditions — per- centage of receipts — bond. — No person or jiersons, corporation or association shall be entitled to any of the privileges conferred by this article, exce])t upon the following conditions: Tiiat said person or persons, cor- poration or association, before availing himself or itself of any of the rights or privileges granted by this article, shall file with the city register his or its acceptance of all the terms of this article, and agree therein that he or it will file with the comptroller of the city, on the first days of January and July of each year, a statement of his or its gross receipts from his or its business arising from supplying electricity for light or power for the six mouths ne.xt preceding such statement, which shall be sworn to by such person or jiersons, or the president or secretary of such corporation or as- sociation; and further agree that he or it will, at the time of filing said statement with the comptroller, pay in to the city treasurer two and one- half per cent on the amount of such gross receipts up to the year eighteen hundred ninety, and five per cent on the amount of gross receipts thereafter. And said jierson or persons, or corjtoration or association, shall, at the time of filing said acceptance, also file with the city register his or its penal bond in the sum of twenty thousand dollars, with two or more good and sufficient securities, to be approved by the mayor and council, conditioned that he or it will comply with all the conditions of this article, or any ordinance which may be hereafter passed, regulating the placing of wires, tubes or cables in the streets and alleys for the purposes named therein; that he or it will comply with all the regulations made by the board of jiublic improve- ments having reference to the subject embraced in this article or any ordi- nance herein named that he or it will make the statements and payments required by the provisions of this section, and will s;ue the city harmless and indemnified from all loss, cost or damage by reason of the exercise of any of the privileges granted by this article or any ordinance which may be hereafter jiassed relating to the subject-matter of this article. (M. C, sec, 1102.) AKT. VI. I OF ELECTHIC WIRES, TUBES AND CABLEa 789 See. 112G. .Misdenu'unor — ponalty. — Auy person or persous, eoriiunitiou or associiiliuii wliieli. or aiiv president, inaiiaj;er, snperiiilend- eut or oftieer in ebarf^e of any corporation or association wiio shall violate or fail to comply with auy of the provisions of this article, shall be deemed guilty of a misdemeanor, and upon conviction thereof, be lined not less than tjfty dollars, nor more than live liuudred dollars. (M. C, sec. 1103.) Sec. 1127. Ilesorvation <)f rifflits.— The city reserves the right to alter, amend or repeal this article at any time. (M. C, sec. 1104.) Sec. 1128. Permits to striiiy wire — U8e imi.st In* h'ffal. — No iiermit shall hereafter be issiu-d for the jmrpose of strinf;iug wires for commiinicaiiou unless the applicant shall, in writing, agree that the said wires shall not be used to loiniect to or with plaii-s used for immoral jmr- poses, or whose existence is contrary to law. That the said wires shall not be used for any purpose contrary to law. iM. ('.. sec. 1105.) Sec. 112'.t. Illojjal usi' of wires — voids permit — removal. ■ — Any ]iermit obtained on the repre.senl;iIion that the wires are to be used for legal ]iurposes and to connect legal jilaces and are used for other pur- poises. shall be and become void, and auy wires strung along or across any street, alley or public i)lace on the strength thereof shall be unlawful, and it shall be the duty of the supervisor of city lighting to cut down the same and remove them from the streets. Any person or jiersons interfering with oi- preventing such removal of wires shall be deemed guilty of a misde- meanor, and on convict ion thereof shall be lined not less than ten dollars nor more than ti\i' hundred dollars. ( M. (".. see. IKHi.i See. 1130. Penalty for illegal use of wires. — Any person or persons, corj)oratioii or association who shall obtain a permit to string wires across or aUuig any street, alley or |inblic place on the representations reipiired in sen.se. i M. C sec. 1108.) Sec. 1132. Duty of poliee to enforee provisions herein. — It shall be the duty of the police lo assist in the eiiforietneui of this article. ' M. <".. sec. 1100.)' S.c. 1133 Penalty for removing; <-over «>f manhole, el<-., with- out authority. — Any j>erson or .service box for electric or othei- wires without having a certilicate of authority sh.ill be deemed guilty of a misdemeanor, and uixui conviction thereof, shall be liiieil not less than ten nor more than five hun- dred dollars. ( M. C. sec. 1110.) jgQ REVISED CODE OR GENERAL ORDINANCES. [CHAP. 12. Sec. 1134. Registry— authority to worli about wires, etc.— All wire-visiug- compauics having underground couduits shall register the employes whom they wish to be recognized as authorized to open the man- holes and service boxes for the purpose of making repairs or inspection of electric wires. The registration shall be kept by the supervisor of city lighting, who shall issue certificates of authority, upon the written request of the company emi)loying the ])ersou, subject to such rules and regulations as the board of public improvements may prescribe. The said certificate shall be good for three months, unless the person is sooner discharged by the wire-using comf)any, or is found to be irresponsible and untrustworthy by the supervisor of city lighting. ( M. C, sec. 1111.) Sec. 1135. Manholes and service boxes to be guarded — signals required — penalty. — It shall be the duty of any person, officer or employe of a wire-using company, and duly authorized and registered as such, to take necessary precaution, and see that an open manhole or service box is guarded, and a red flag signal disjilayed by day and a red light signal disjdayed by night at the opening until the cover is restored and securely locked. Any person, officer of any wire-using company or employe who shall fail to observe any or all of the requirements of this section shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten nor more than five hundred dollars, i M. C. sec. 1112.1 Sec. 1136. When certificates to open manhole, etc., may be revoked. — Any pei-son who shall be registered and has a certificate of authority to open manholes and service boxes for electric wires shall be deemed irresponsible and untrustworthy should it be found that he in any way interfered with the wires and cables owned by any other company than the one emjiloying the said person, and which may be in a manhole or service box in which he is working, or is discharged by the company upon whose i-equest certificate was issued, and his certificate of authority shall in either of such events be canceled. (M. C, sec. 1113.) See. 1137. Cancellation of certificate disqualifies. — Any person whose certificate of authority is canceled shall be treated as an unauthor- ized jierson. as set forth in section eleven hundred and thirty-three. (M. (".. sec. 1111.) /- Si c. 1138. Duty of police to enforce five preceding sec- tions. — It is hereby made a part of the duty of the jtolice department to see that the provisions of the five sections next preceding are enforced, by arresting and prosecuting any i)erson disturbing a cover or lid of a man- hole or service box for electi'ic wires without the projier certificate of au- thority as herein defined. (M. C, sec. 1115.) ARTICLE VIT. OF SUPERVISOR OF CITY LIGHTING. AND REGULATIONS PERTAINING TO ELECTRICAL APPARATUS.' •Office of .siiporvisor of city lighting was created by ordinance No. ISlO.'i. .ip- proved .Tune 2.'i. ISSfl Sec. 1139. Office of supervisor created— inspectors to be ap- pointed. — The board of public imju'ovements, with the appro\al of the mayor, shall appoint an expert in electric lighting, who shall be an engfineer of not less than five years' practical experience. His official title shall l)e AltT. Vll.l OK SUPERVlSOlt OF CITY LIlillTINO, 79I supervisor of tity ligLtiuji;, autl lie, witli llu- aiiproval of tlu' in-osiik'Ut of the l)oar{l of ]iul)lic iiniirovcinciits, shall apiioiiii 0110 cli'rk and live iiis|)i,'i'(ors; saiil iiispi'itors sliall lii' skilled and expi'rii'ni-L'd in the kind of work llu'V ;iic to inspoct. (M. (_"., sec. II IC. 1 See. 114U. Saliirit'.s, etf. — (Iraiifjlilsniaii and additional in- spt't'tors. — The super\isor of eit.\ li;;htiiig so apjioinleil sliall reieive a salary of two thiuisand live hundred dollars a year, jiayable monthly, and shall ^ive a ^nod and suftieieut bond in the sum of ten thousand dollars, 4uncond class shall receive compensa- tion for their services at a rale of niiietv dollars per mouth, ^^l. C, sec 1117.) See. 1141. Duties of snp»M*visor. — It shall lie ihr duly of ilie su- pervisor of city lighting to carr.\ (Uit the instructions of the board of piddic improvements in relation to lighting the streets, parks. ]ud»lic jdaces and public buildings of the city with gas or electricity; the construction and operation of all ]ilants used for distributing gas or electricity for light, heat, power, telegraph or telephone jiurposes. He shall report all cases of violation of ordinances, rules or regulations of the board of i)ublic improve- ments in relation to the distribution and u.se of gas or electricity foi- the purposes aforesaid, ami shall, umler the instruction of the board of jmblic improvements. ](i-osecute the olVending iiariies. He shall have the ch;irge of all emi>loyes appointed by him and shall see thai they pei-foi'm their dii ties faithfidly. i M. ( '., sec. IIIS. i S.. . 114_' Ajiparatus hsd to inspect all premises on which apparatus for transforming energy of any kind into electrical en- f>rgv, or the reverse, are located or premises wliere conductors for the trans- 792 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 12. mission of electricity are placed, for the purpose of ascertaining tlieir con- dition and management and reporting all violations of rules or ordinances to tlie board of public improvements. (M. C, sec. 1119.) Sees. 1143 to 1152 are ordinance 1G901. Sec. 1144. Duty owners to admit svipervisor. — It shall be the duty of every person, or persons, corjioration or association, operat- ing or controlling a plant for the production of electricity, or occupying premises on which electrical ap])aralus or conductors may be placed, to ad- mit the supervisor of city lighting, or his duly authorized inspectors, and assist in making an examination of said premises. (M. C, sec. llHO.) Sec. 1145. Duty of owners to employ competent men, etc. — It shall be the duty of every person or corporation operating a plant for the jiroduction or consumption of electrical energy or maintaining con- ductors for its transmission, to emjiloy competent men, whose names shall be furnished the supervisor of city lighting, and recorded in his oftice, as their authorized agent or agents; one to be in charge of the same at all times while in operation, and who shall promptly execute all orders issued by the mayor, the supervisor of city lighting, or the chief of fire department, which may, in their opinion, jirevent accident or injury to life or property; and to keep their wires or conductors that pass over any street, alley, or public i^lace, or over or through any building, so marked that the owner of the same may be ascertained by insjiection; the character of the mark to be determined by the sujiervisor of city lighting, and a record of all marks kept in his office, and should the marks become illegible, the wires or conductors shall be deemed abandoned, and it shall be the duty of the supervisor of city lighting to remove the same. (II. C, sec. 1121.) Sec. 1146. Regulations jjoverninf? concluctor.s, etc. — The size of conductors, distance between supporters, and natnre and quality of insulat lug materials to be used, shall, in all cases, be submitted to and subject to the ajiproval of the board of public improvements. ( M. C, sec. 1122.1 • Sec. 1147. Cut-outs to be provided. — It shall be the duty of every person or corporation, supplying or using electricity or maintaining rovide the most approved device to make it an easy task for the servants of the city, or of said pers(ui or corporation, to disconnect the conductor or any ]iart of it from the source of energy, by simple opera- tion of a handle or i)ulling a cord; rendering the conductor so disconnected free from any electrical pressure, tending to produce a How of electricity from one part to another or from it to the ground ; said device to be placed at or near point where conductors enter building. All such devices to be subject to the api)roval of the board of i)nblic improvements. (^M. C, sec. 1124.) Sec. 1149. Wires considered dangerous — when. — Any wire, ca- ble, conductor or any machine, lamp or apparatus, through which an elec- ART. VII. ] OF SUPERVISOR OF CITY LIGHTING. 793 trie iiirrciit may imss. or the iiillueiR'e of eletlriciiy be manifested bv its vaiiuiis plit'iiomciia. sliall ln' (IcfiiiiMl (laiij;ci-(His, w lieu any of Ilie maiiifcsta-" tioiis tciiil to delay or iiitimidalc tin- lire de|>artmei»t, or tliroufili accident their insulation he im|iaired or llieii- caiiacity he overtaxed, or throujjh care- lessness or otherwise, they come in contact with any of the wires or elec- trical apparatus used in giviuj; an alarm to the fire or police dei)artment, injurini: or imiiairinir the in-oper workiiiir of the same. ( M. ('., sec. 111J5,) 8ee, 1150. Ai'cidi'iits — all prccMutions against to be taken. — It shall be the duty of every lineman or ijerson emiiloyed to inspett, repair or erect wires or conductors, for the purpose of transmitting electrical en- ergy in the city, to take every iirecaution possible, that the space between the wires or conductors erected by them and all oilier wires and electrical apparatus shall be snfticieiit to prevent accidental contact between them in the severest storm: or report the fact that such is impracticable at the oflice of the su|)ervisor ol' city lighting. i.M. ( '.. sec. llllti.l Si'c. 1151. Dead wires — notiee to remove. — Xotice shall be served in writing directed to the person or persons, cor]KU-ation or association operat- ing or owning plant, and five days shall be allowed for the removal of any or all uncared-for or dead wires, described therein, before the supervisor of city lighting or any t>f the authorized iiis]iecrors of the city lighting de- l)artment remove the same, unless the said dead oi- uncared-for wii-es are at that time a nuisance and an obstruction to a public place or highway or a menace to life or jiroperty. t M. (_'., sec. llliT.j Sec. 11.")!!. Penalty. — Any violation of the provisions of this article shall be dtH'iued a misdemeanor, and the person, pei'sons, co-iiartiiership or cor|i(iratiervisor of city lighting shall furni.sh his own conveyance, to consist of a horse and buggy, and shall receive therefor conipensaticui at the rate of twenty dollars jkm- month. ( M. ('.. sec. ll.'JO.) See. 115."). ('<»ntrol of board oi publii- improvements. — The super visor of city lighting shall be under the ccuitrol of the board of ])ublic im- provements, and .''aid board shall have power to remove him at its pleasure. The above aiipointments shall not be made until the public service ;u-(l of jmblic iiniiroveuieuts is liereby authorized aud di- rected to light, alter .January tirst. iiiueteeu hundred, such of the streets, avenues, sidewalks, alleys, wharves aud public grounds aud squares of the Citv of St. Louis, aud parts thereof, as are designated in ordinance number 19892. (Ord. 19S92, sec. 1; M. C, p. 991.) Sec. S of Ord. 19892 designates speciflcaUy the streets, avenues, sidewalks, al- leys, wliarves and public grounds and squares of the city and parts thereof to be lighted but it is deemed unnecessary to set them out in detail in the general ordinances. An ordinance for temporary lighting (No. 19913) was enacted to tide over the interim until the foregoing went into effect. Sec. 1157. Duration of li}>lit— cost of additional lij^hting.— The lighting therein [above] autluirizeil shall be from lilteeu iiiiimtes after sun set until thirty minutes before sunrise every day in the year. The contracts shall provide that any lighting of additional streets, avenues, sidewalks, alleys, wharves and public grounds and squares that may be authorized by ordinance during the life of the contracts shall be done by the contractors at the same rates of compensatii)n as the lighting herein authorized. (lb., sec. 2.) See. 1158. Streets in desigrnated district to be lijflited with arc electric lamps — incandescent electric lamps— where placed. — Within the following bounded district the lighting of the streets aud ave- nues shall be dune with arc electric lamps and the alleys, wharves, public grounds and scpiares shall be lighted by incandescent electric lamps, the said district so to be lighted being bounded as follows: Commencing at the Mississippi river where intersected by the north line of Bremen avenue; thence westwardly along the north line of Bremen avenue to the west line of Ninth street; thence southwardly along the west- ern line of Ninth street to the north line of Tyler street; thence westwardly along the north line of Tyler street to the west line of Thirteenth street; thence southwardly along the western line of Thirteenth street to the north line of Cass avenue; thence westwardly along the north line of Cass avenue to the west line of .Jetferson avenue; thence southwardly along the west line of Jefferson avenue to the south line of (J'houteau avenue; thence east- wardly along the south line of Chouteau avenue to the west line of i^eventh street; thence southwardly along the west line of Seventh street to the south line of Arsenal street; thence eastwardly along the south line of Arsenal street to the Mississippi river; thence northwardly along the Mis- sissipjii river to the place of beginning. All streets, avenues, sidewalks, alleys, wharves and jiublic grounds and squares of the City of St. Louis and parts thereof wliich are designated in ordinance 19892 [sees. 1156 to 1162 inclusive of Revised (^ode, aud also sec. *It would perhaps appear more logical and accurate to assign a separate chap- ter to the various ordinances on electrical contrivances, regulations and matters (especially lighting plants), contained in this and the two preceding articles of this chapter, but since those matters have in preceding revisions appeared in the chapter corresponding to this one. so that the city officials and public generally using the revisions have become familiar with such arrangement and classifica- tion, it is deemed best to retain the same under this chapter on "Highways." 1 ART. VIII 1 OF CITY LIGHTING AM' MUNICIPAL LIGHTING PLANTS. 795 S of oriliii.iiiff lltS'.tl']. iimi mil iinhnlfd in llic ilisi rirl aliovp (!fscril)cil. sli;ill lie lijjiilcd l>y iiu';iiis ol" l;uii[)S with a I'cri'jictoi-y iiiMiillc iiiatic iiiraiKlcsiciil liy liic combiistidii of a liydroraT'lioii -jjas. (Ord. l!iMtL', sec. .".. ) Sc'-. ll')!>. riiiirar of liyrlit in saul distrw-l — uiiHs of lueaMurt'iiit'iit — (rriiis (Irttiii-il. — Eacli lamp with a rcfrai'Iory uiauth- luadi- iiiraiidrsi'i-ut liy thi' coiiil'iislioii of a bydro-carlioii ■;as. sliall omit a lij;ht of not h'ss than sixty caiidk' jiowor. ICai'li arc tik'ctrio lamjt used shall consume not less than four Imndrcd and cijjhly wafts of electrical power in the arc. Each incandescent eleclric iaiii|i used shall lie of not leas than thirty caudle power. The units of measurement fur i1h> lighting herein antliori/.eil shall he: For lamjis with a refractory nianlle, made incaiidesi eiit l>y the comhnslion of a hydro carhon gas. one thousand mantle lamii hours; for arc eleiii'ic lainj)s, one thousand arclam]> hours, and for iiirandesceiit eleclric lam])s, one thousand iucandesceut lamp hours. .V mantle-lamp hour is hereby deliiied to lie the coniiinioiis operation of one lamp with a rpfract., sec. r>. ) See. llHl. I'aynu'iit of «'os( <)f Ifjrlitiiigr.— The cost of lighting herein [above] authorized shall be jciid by the (.'ity of St. Louis out of the fund appropriated for '"Street Lighting." t lb., sec. <>.) S. . nti2. Contract ronditions forarrand inraiidcsci'iit oloc- tric lani|).s. — The contract for lighting the district described in section 11. "S. and re<|uired to be lighted by meaiiR of arc and incandescent electric lamps, shall contain a provision that the contractor or contractors shall have the right of furnishing electricity for light, heat or power to con- sumers other than the City of St. Louis located within said district, or located within the blf>cks immediately adjacent thereto; upon the rendi- tion, however, that said contractor or contractors before undertaking to 796 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 12. avail themselves of this ])ri\ ilege. shall first comply with all the provisions, cuiulitiuns and requireiiieuls of sectious 1125 and llliG, or with all of the provisions, conditions and reciuirements of said sectious as they may at any time hereafter or from time to time, he altered or amended, or with the provisions, conditions and requirements of any other ordinance jirovisions that may be enacted in lieu of said sectious. Said contractor or contractors shall further have the right to construct all uecessary conduits for his or their use, within the boundaries of the district established and detined in ordinance number eighteen thousand six hundred eighty [K. C, sec. 1095], ajiproved September eight, eighteen hundred ninety-six: Provided, how- ever, that all such conduits shall be built within two years from and after the date of the contract, and none thereafter; and shall also have the right, outside of the district so established anil detined in said ordinance number eighteen thousand six hundred eighty [sec. 10!)5], and within the district embraced in the contract, to erect poles and to string wires overhead for the distribution of electricity for light, heat or power; or in the district last referred to, may construct all necessary conduits, manholes and appurte- nances for his or their use, i)rovided that all such conduits, manholes and appurtenances shall be built within five years from the date of said con- tract, and none thei-eafter; and said contractor or contractors for the use aforesaid may place wires, tubes and cables in the conduits so constructed. (7b., sec. 7.) Sec. 1163. Ligrhting of southernniost part of city. — That por- tion of the City of St. Louis south of the south line of Keokuk street and south of said south line produced east to the Mississippi river and west to the western city limits, shall have the said streets, avenues, sidewalks, al- leys, wharves, public grounds and squares located therein lit with hydro- carbon gas, for a period from February twenty-fourth, nineteen hundred and five, to Angust thirty-first, nineteen hundred and ten, inclusive. lOrd. 21719, sec. 1.) Oril. 21719. sec. 6, repealed ordinance 19915 (M. C. p. 996). Sec. 1164. Same — t'Oiitract hoAV let and eoiitain ^rliat. — The board of public improvements is hereby authorized and directed to ad- vertise for bids and let a contract for the lighting of all streets, avenues, sidewalks, alleys, wharves, ])ublic grounds and squares iu the City of St. Louis in the territory described in section 1163, by means of lamps having a refractory mantle made incandescent by combustion of hydro-carbon gas. for a period of time as described in said section 1H)3 of tliis article: each of the lamps herein provided for shall be lighted not later than fifteen min- utes after sunset, and shall burn continuously until thirty minutt^s before . sunrise every day in the year. (Ih.. sec. 2.) Sec. 1165. Contract how awarded-depo.'sit — bond. — Bids to be received and the contract awarded undi-r sections IIB^J to 1168 inclusive, in accordance with article eight, chapter twenty-four of the Re- vised Code of the City of St. Louis [R. ('.. sees. 1976 to 19943 inclusive], and according to the ])lans and specifications and form of contract on file with the president of the board of jniblic improvements. The dejiosit to be made by the contractor Itidding for this work is hereby fixed at twenty-five thousand dollars. The bond to be given by the successrnl bidder is fixed in the sum of one hundred thousand dollars, i //>., sec. 3. i Sec. 1166. What provisions contract shall contain. — The con tract entered into for lighting of the territory described in section 1163 shall contain the following jtrovisions, to-wit: "The said pai'ty of the first ART. VIII.) OF CITY LIGHTING ANI> MINiriPAI, I,1<;|ITIN(1 IM.ANTS. 707 jiart lii'iThv ajii'i'i's to save and keep tlie ("ilv id' Si. Louis livi' and liariidcs.s li-oiii till' jiaviiieiit of aiiv and all damages, costs, i>x])t>uses, nnaltii's, patent li'cs, lawvci-'s ft'cs. or sum m- sums of money wiiatsoever liy i-eason of aii.v in- Irinjiement nr allej;ed inlriiii^'enienl of any paleiil or patented devices, ai'li- rle, system of arfangeineiil that may lie used liy said tii'st jiafty in the exe- cution of this contfact and these specilicat ions ; and that said jiai'ty ol' (he lirst part will not use any ]ifocess or device which is ctivei-ed liy lettei's ]iat- ent ol" tlie I'uited States except with the consent ol the patentee or his as signs." (lb., sec. 4.) Sec. IHIT. Cost liow |>:iiriiiin:iti4»ii «>r <'oiitract to !•«' ri'-lot.— In case of the ftirfeitnre or other determination of any contracl entered into under the authority of sections IKi:! to 11 Til hercdf. prior to its terminatidii liy Ia]i.>«' of time, the hoard of i>ul)lic imiu'ovements shall liaxc anthorily to let another contract for the doing of the work herein provided for during the unexpired term, in which event it shall advertise for bids therefor as pro- vided liy iii'dinance in force at such titiK^ or liiiu's. \lb.. sec. 7.) Se<'. lU;!t. 3lunifipal <'U'c(ric ligrlit plaiil toligflit |>iil)Iif places ami .streets. — There is heri'liy creaied n fiiml fni- ilie i-n-ci iuii and in- stallation of a ninnici|>a! lighting jilani for the piir|iose of lighting the streets, alleys and pulilic pho'es. Said fund shall be used for the purjiose of erecting a snitaiile iiuiUliiig, purchasing machinery, constructing conduits, jtole lines and providing all the necessary e(|uipments, a](purtenances and iUtachments for the installa- tion of complete electric light plant, and shall lie exjiended only as when directed by ordinance. (Ord. L'n'.i.l'.t. .sec. 1.1 Sec. 1170. Same — fuiul ereiitetl. — On or before the fifte<'nth day of May of each year the coiuptitilliM- shall have authority to transfer from municipal revenue to "fund for the erection and installation of electric light plant" the sum of one hundred and forty thousand dollars, ilb.. sec. 2. 1 Sic. 1171. ruhlir <>iiil4lin<;s (o be lig:htelublic inipniM'nienis is iicrciiy ant lion/cd and ilircricd in construct an electric li^dit |danl al llie insane asylum, with all necessary pole lines, altaclimenis and ap|>urienances for the purpose of lij;litinji- the insane asylum, female hospital, poorhouse and en;:iiie iiii\isc nnmlier thirty- tive. (Ord. ::tts:{S.) ARTICLE IX. OF Tin.FCJR.M'H .VNP TEMCPIIONK POl.K.-^ Sec. 117!I. TeU'y:rai»li poles, ete— coinlitMnis of selliiifj:. — Any tele;;ra|di and telephone company duly im'orph pole.s — wIh'ii may be .s<>( in alleys. — \\'henever. in the judgment of the board of public improveiiK'nts, the use of any alley for such juirpose is practicable, the jioles of such com|)auies shall be placed ujion and along saitl alley instead of ujton and along the streets next .■idj()ining and parallel thereto. Where the pt)les are set in any alley they shall be located as near the side lines of the alley as ]u-acticable and in siii'li manner as not to incommode the public or the ailjoining proprietors or residents. ( .M. ("., sei-. 113.S.) Sec. IISI. Si'/.<' ami (inalilx of |»oles — lo<-a(ion. — The poles used as herein provided shall be of sound timber, not less than tive inches in diameter at the upper end. straight, shajiely and of uniform size, neatly planed or shaved, and thoroughly painted with two coats of lead and oil paint of such colors as may be directecl by the board of public improve- ments, and be supplied with iron steps commeming twelve feet from the surfare of the ground and rearhing to the arms sujiporting the wires; said wires shall be run ai a height not li>ss than twenty tive ftH't above the grade of the street. Whenever the poles are erected on a street, they shall be placed in all lases, when practicable, on the outer edge of the sidewalk jnst inside of the curbstone, and on the line dividing the lots one from tlu» other, and in no case to be so placed as to obstruct the drainage of the streets or to interfere with or damagt> in any w.'iy the curl*tones, trees or other public or private projierty on the "ne of the street or alley where such poles shall Ih> erected. (M. (\, sec. 1134.) See R. C. sec. 1122. nearly the »nn\e provision*. 800 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 12. Sec. 1182. Proposed route to be submitted to board — paving restored. • — Before any telegraph or telephone company shall erect any poles upon any street or alley they shall submit for approval to the board of public improvements the route of their proposed line or lines, stating the name of the street or streets to be occupied, or if an alley the number of the block, and as far as jiracticable, the location of each pole. All work of excavating, refilling and restoring the pavement shall be done under the supervision and direction of the street commissioner and to his entire satis- faction, and in all ca.ses the pavement shall be restored as .speedily as possi- ble and to the same condition it was before. |M. C, sec. 1135. i Sec. 1183. Board may direct alterations. — The right is hereby reserved to the board of public improvements at any time to direct any alteratiou in the location of said poles and also in the height at which the wires shall run ; but before any such alteration is made at least five days" notice in writing shall be given to the president or local officer in charge of the company aft'ected by the proposed alteration ; and reasonable oppor- tunity shall be afforded the representatives of such company or any citizen interested to be heard therein. Hut when any such alteration shall be or- dered, the said company shall, within live days thereafter, commence such altei'ations and com])lete the same as soon as jiracticable thereafter, and upon failure so to do, it shall be deemed guilty of a misdemeanor and punished as hereinafter provided. (M. C, sec. 1186.) Sec. 1184. Deposit to be made — penalty — Every telegraph or telejihone company doing business in this city shall keep on deposit with the treasurer the sum of fifty dollars, subject to the order of the street com- missioner, to be used by him in restoring any sidewalk, gutter, street or alley pavement displaced or injured in the erection, alteration or removal of any pole of such comiiany, when said coinjiany refuses or fails to make such restoration to the satisfaction of such commissioner. Any company failing to make such deposit within five days «fter commencing business, or which shall fail to make good the amount when any portion of it has been expended as herein provided, within five days after notice so to do has been sent by the street commissioner, shall be deemed guilty of a misde- meanor and punished as hereinafter provided. I M. C, sec. 1137.) Sec 1185. Poles— use of top cross-arms by city to be agreed to, — Any company erecting poles under the {U-ovisions of this ar- ticle shall, before obtaining a jiermit therefor from the board of public im- provements, file an agreement in the office of the city register permitting the city to occupy and u.se the top cross-arms of any pole erected, or which is now erected for the u.se of said city for telegraph purposes free of charge. (M. C, sec. 1138.) Sec. 118G. Article construed. — Nothing contained in this article shall be so construed as to in any manner afl:"ect the right of the city in the future to jirescribe any other mode of conducting such wires over or under its thoroughfares. (M. C, sec. 113!).) Sec. 1187. Acceptance to be filed. — ICvery telegraph and tele jilidne coni])any doing business in this city shall, within five days after com- inciicing business, file with the city register its acceptance in writing of so nnicli of this article as relates to the use by the city of top cro.ss-arm of the poles. (M. (1, sec. 1140.) AUT. IX] OK TELEGItAPH AND TELEPHONE POLES. 801 Sec. 1188. Coiiipeiisiitioii r«>i- iis«> uf .streets. — All teleu:rnph tvnd telepliuiie CDiniiaiiii's wliiili are not l)v ordiuauce la.\ed im tlicir j^i'oss in- come lor city purposes shall pay to the city lor the privilege of usini; the streets and alleys and public i)laces thereof, as follows: The pole lines and the wires carried thereon for each and every throe hundred feet of sn-eet. alley or roadway alon^ or across which the pole line and wires extend, the sum of I Wo dollars ju'r annum. For house-top wires, includinjj; those which are [lermitted to remain oxerhcad by virtue of the provisions of article six of this chapter, in the foliowinj; described district, to wit: Mississi|i|)i river on the east. Twenty -second sireel on the west. Wash street on the north and Spruce street on the south, and on all wires carried on poles belongin}; to others, tlie sum of ten cents annually for each and every wire wherever the same cros.ses a street or public alley, being ten cents for each aud every such crossing or intersection. (M. C. sec. 1141.) St. Louis Is authorized to Impose upon a telegrapti company putting its pol<>s in tiio streets a ctiarge in tiie nature of a rental for tiic exclusive use i>f the parts so useii. St. Louis vs. W. U. Tel. Co.. 149 U. S. 465. Such a charge Is not a privilege or license tax, and whether it Is reasonable is a question for the court: St. Louis vs. W. U. Tel. 148 U. S. 92; see also 100 U. S. 388. Imposition of a license on a company doing business exclusively within a city does not Interfere with interstate commerce and is a police regulotion: Postal Tel. vs. Charleston. 133 U. S. 692. But the city cannot flx the rates for telephone companies: See note to R. C, sec. 119,^. and cases tiicre cited. Sec. 1189. Aiiiiiial statement lo coniptroller. — The suptrvisor of city lighting sliall report to the comptroller on or alioiit the first day of .Inly eadi year the extent of streets, alleys and public places over and along which tlie pole lines aud wires of each telegraph and telephone company, not paying live per centum of their gross receipts into the city treasury may be erected, as well as any and all wires on house-tops or on poles not owned by the wire owuer, and the immber of such crossings or intersections. (M. (.'., sec. ll-lL'.l Sec. 1190. Collector may exaiuine ollieer.s — when,— If the li- cense collector shall not be satisfied of the correctness of any statement so made by said officer, he sliall have power to reipiire said officer to appear before him with the books and jiapers of the compiuiy and submit to an ex- amination concerning the matters aforesaid, and i'' it sli;ill be ascertained to tlM» satisfaction of the license collector on s;iid examination, or in any other manner, that said officer has not returned the full number of poles in use. as above provided, he shall order the company to pay him forthwith the deficiency ascertained by said examination. ( M. C, sec. 1143.) Sec. 11!)1. l*«>nalty for victlating; preei'tlinj;- seetions. — Every violation of the provisions of the foregoing sections of this article slmli constitute a misdemeanor, aud the corporation, or the principal officer thereof, in St. Louis, violating the same, shall, upon conviction, be fined not less than fifty dollars nor more than five liun of using the streets, alleys and public places of said city, as providi'd in the |>receding .sections of this ar- ticle, except upon the following condition.'*, to wit: That said person or per- 802 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 12. sons, corporation or association about to commence business shall file in the office of tlie city register, at the time tluit the application is made for the use of the streets or alleys, under the provisions of the preceding sections of this article, his or its written acceptance of the privileges granted by the said preceding sections of this article, and agree therein that he or it will on the first day of July and January of each year thereafter tile with the comptroller of the city a statement of his or its gross receipts from his or its business arising from the telephone business for the six months next i)recediug such statement, which shall be sworn to by such person or jiersons or the president or secretary of such corporation or as- sociation ; and further agree that he or it will at the time of the tiling of such statement with the comptroller, pay into the city treasury two and one-half percent on the amount of such gross receipts uj) to the year eight- een hundred and ninetj', and five per cent on the amount of such gross receipts thereafter, which amount shall be in addition to all other taxes imposed by law, and such person or persons, corporation or association shall, at the time of filing such acceptance, also file with the city register his or its penal bond in the sum of twenty thousand dollars, with two or more good and sufficient securities, to be ajijiroved l)y the mayor and coun- cil, conditioned that he or it does comply with all the provisions of this article and of all ordinances which may hereafter be passed relating to tele- phone companies and will pay into the city treasury the percentage upon its gross receipts, as i)rovided by this section. (51. C, sec. 114.").) See. 1193. Comptroller may examine books ami papers. — If the comptroller shall not be satisfied of the correctness of any statement made as required in the preceding section he shall have power to require any of the parties making such statement to make to him an exhibit of the books and ])a])ers of such i)arty, and he may nuike an examination thereof, and if it shall api)ear from such books and juipers. or if in any other manner he shall have satisfactory proof thereof that the gross re- ceipts of such party during the time specified in such statement, were great- er than the amount so returned in such statement, then the said party not- withstanding such statement, shall pay into the city treasury the percent- age as provided in section eleven hundred and ninetv-two upon such excess. (M. C, sec. 1146.) See. 1194. Penalty for violatinji' two preceding- sections Any person or persons, corporation or association, doing a telephone busi- ness in the City of St. Louis, or any president, manager, superintendent or local officer in charge thereof, who shall violate or fail to comply with any of the jirovisions of the next two preceding sections of this article, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined not less than fifty dollars nor more than tive hundred dollars for each offense; and each and every day's refusal or neglect to pay the amount due for any six months, as provided in the preceding section of this article, within ten days after the same becomes due and payable, shall constitute a separate offense. (M. C, sec, 1147.) Sec. 11 !»."(. Reservation of rights. — The city reserves the right to fix the rales and charges for the use of telephones and to alter, amend or rejieal the next three preceding sections at any time. (M. C, sec. lllS. i Where there is no reservation in the contract, an ordinance of a city attempt- ing to fix telephone rates is void as beyond municipal functions: State ex rel vs. Telephone Co., 1S9 Mo. S3; the right to regulate the rates of telephone com- panies does not exist under the St. Louis Charter: 96 Mo. 623; and even an ex- press charter provision (in Kansas City charter) was held void because the fixing of telephone charges is not a municipal function: State ex rel vs. Telephone Co., 189 Mo. 83. ART. X.l OF GARBAGK DISPOSAI^ gp-j ARTICLE X. OP GARBAGE DISPOSAL.* •See In connection herewith Olinp. XI, Art. 13, sees. 685-G93; and also R. C, sees. 607. 614 and 68S, relating to garbaKo and ofTal. The provisions for the dis- posal of garbagi' and slops \vie of the City of St. Louis, by removal thereof not less than live miles outside of the corporate limits of the I'liy <>{ St. Louis. (Ord. 2141G, sec. 1.) The B. P. I. and not the honr.l of ii.alth should let the contract: State v.s. Butler. 178 Mo. 272. Sec. ll'.iT. Contract to run fifteen year.s, — The term of said Kin- tract shall be (ov a term of fifteen years from date of approval thereof by the city council and shall become operative at the date designated by tho li(i:ird (if public improvements. {lb., sec. 2.) Sec. IIDS. Term "vri>'''»:iy:«'" wri'll 1 1 li 11 1\\ .\ VS. y05 Si'i'. i:;0(j. S a m f — .s ;i 1 a r it' s— ImumIs . — The siiijfiiiitemlciit of garbage divisiou shall receive a salary of two huudred dollars per month, and shall file a bond in the sum of five thousand dollars, to be approved by the mayor and council; the four inspectors of garbage division shall each receive a salary of one hundred dollars per month; the tirst clerW in the aforesaid division shall receive a salary of one hundred dollars per month, and give a bond in the sum of two thousand dollars, to be approved by the mayor and council; the second clerk in tlie same division shall n^ceive a salary of seventy-tive dollars per month; the stable superintendent shall re- ceive a salary of two hundred dollars jier month, and shall file a bond in the sum of five thousand dollars, to be approved by the mayor and council j the carpt'iiter shall receive a salary of ninety dollars ]ier month; the black' smith shall receive a salary of seventy live dollars per month: the wagon- maker shall receive a salary of seventy-live dollars per month; the harness- maker shall receive a salary of seventy-five dollars per month; the jiainter shall receive a salary of sixty dollars per month; tlie foreman of dead ani- mal wagons shall receive a salary of seventy-five dollars per month; the two drivers of dead animal wagons shall each receive a salary of sixty dol- lars per month, (lb., sec. 2.) Sec. 1207. SniiH'— a(lf the city. (M. <".. sec 11 I'.l.i Sec. 12fl!l. Samr p e iia i t y. — .\ny person or persons, comjiaiiy or companies, corporaliou or corporations, violating the ju'ovisions of section 120S. after lieing duly notified by the police in writing to remove same witliin ninety days, shall l)e deemed guilty of a misdeme.-inor. and shall be fiiKMl not less than five dollars nor more than one huixlied dolj.-irs for each ami every olTeiise. and eacli day such fenre sli.ill be used or inaintaineri\iiig; (in «.i(U'\\ a lU^ or liitchin;;: (o (iM-t's. — AA"h(M>ver sliall. in this city. lead, drive or jilace any be.-ist of burden or 806 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 12. vehicle ou auy paved sidewalk or footway, otherwise thau going into or out of any premises owned or occupied by him or his employer, and shall hitch or fasten any animal to a hydrant, or to any ornamental or shade tree, or lamp-post, shall be deemed guilty of a misdemeanor. (^I. C, sec. 1151.) Sec. 1211. Excavation for iJiiblic work to be protected. — Any citizen or contractor for public work, who shall make an excavation in any highway or thoroughfare, and shall not cause poles or timbers, raised at least three feet above the ground, to be so placed as to prevent persons, animals or vehicles from falling into the said excavation, shall be deemed guilty of a misdemeanor. (M. ('.. sec. 1152.) Sec. 1212. Vault.s to be covered. — Whoever shall in this city, dig or cause to be dug, in any highway, thoroughfare or sidewalk, a vault, and shall not arch or cover the same over, and secure the grating or covering of the opening thereof, in such manner as to prevent persons, animals and vehicles from falling therein, shall be deemed guiltv of a misdemeanor. (M. C, sec. 1153.) Sec. 1213. Opeiiliiji^s in j^itlewallvs — liow fitted. — Auy optuing in a paved sidewalk leading into an area or vault beneath, or into a cellar, shall be fitted with wood or iron cover or grating, set in flagging even with the surface of the sidewalk, and said cover or gratins; shall have no lock, hinge nor any fastening ])rojecting above the sidewalk, and shall be secured in such manner as to prevent accident to any one passing over it. Any person who shall fail to comply with the provisions of this section, or who shall leave an opening in a sidewalk uncovered, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than teii dollars, nor more thau one hundred dollars. ( Jt. C, sec. 1154.) Sec. 1214. Cellar iloori-* and f>ratinj>s to be kept closed. — Whoever in this city shall keep or leave open any cellar door, or grating of auy vault on any highway, thoroughfare or sidewalk, or shall suffer auy such door or grating belonging to premises occupied by him, to be in an insecure position [condition], whereby passengers may be in danger of falling into a cellar or vault, shall be deemed guiltv of a misdemeanor. (M. C, sec. 1155.) See case for personal injury sustained by being precipitated into a cellar through an open cellar door: Fehlhauer vs. St. Loiiis. 17S Mo. 635. holding that cellar doors are not nuisances per se. Sec. 1215. Down pipes — how constructed. - Every person own- ing or occupying any building in this city shall cause the ])ii)es conducting the water from the eaves of the building to be so constructed as not to spread the water over the sidewalks. Any person violating the provisions of this section, shall be deemed guilty of a misdemeanor. (51. C, sec. 115(5.) Sec. 1216. Kefjnlations as to siyns, projections over sidew alks, obstructions, merchandise on walk, etc. — niisdenieanor — ex- ceptions. — \\'lioever shall in this city set up, or cause to be set u]). or who shall hereafter in this city maintaiu auy sign, sign box, illuminated sign, lettered lamp, or other fixture which shall extend over or upon any sidewalk more than eighteen inches from the building line or inside of said sidewalk, and whoever shall suspend any merchandise or other article in front of any house mon> thau eighteen incli(>s from the wall thereof, if less AKT. XI. I OF OFFENSES CONNKCTKI) WTIIl llhlllWAVS. 807 tliau eiylit loft abuM' llic iiaNi'imMil, (»r more than two iVi't from ilia wall at auy liei'flit above the paveiueut. ami whoever shall place or throw, or rause to Ih' placed or thrown, upon any street, highway, thorough tare, side- walk 111- other public place any article whaiever. so as to (•bsii-uct or other wise encnmlier tin- same, or shall, upon any such place, exjiose or olfer any nierchamlise or other properly for show or sale by auction or otherwise, .shall Ih' deemed guilty of a misdemeanor: Provided, that nothing in this section shall be so ct/nstrued as to prevent merchants or manut'aclnrers from occupying with their wares eighteen inches of the inside of the side- walk, where .said sidewalk is eight feet or less in width, twenty inches if over eight feet ami U-ss than ten feet in width, and two feet if the side walk is ten feet or over in width. Nor shall this section be so construed as i4> prcNcnt merchants from occniiying a greater space on the sidewalk whiMi receiving or shijiping goods, if said goods are not permitted to remain oi; smh sidewalk more than eight hours, and at least one half of the sidewalk is at all times kept clear for the use of pedestrians or ])assage; and, pro- vided, further, that nothing in this section shall be construed as apidying to movable awnings made of cloth or canvas, which, when lower(>d. shall not be less than seven .-ind one-half feel, in Ihc clear, abo\c (he sidewalk. i()i-d. l.'(t.-,L'!». ) .\mendlng sfo. Hal of Mun. C. But thl.s section si-oms not entirely harmonious In some particulars with Rev. C. sec. 121. Sec. 1157 of Mun. Code (now replaced by sec. 1216 Rev. C). was before the supreme court for consideration to some extent in the case of Loth vs. Columbia Theatre Co.. 197 Mo. 328, 350. a case of damasres for personal injuries against the theatre company and the city because of the full of a larRe sign from above upon a pedestrian. As to temporary obstruction of sidewalk for highway, and to what extent lawf^il see note to Rev. Code sec. 92S. Sec. 1217. Fruit .stands, etc. — refjulations coiict'rninj'- — The occupation of any portion of auy street, avenue, alley or sidewalk with auy stand I in the common acceptation of the term fruit stand), table, shelving, wagon or cart for the purpose of selling or oll'eriiig for sale any frtiits, candies, nuts or other merchandise, when such occu|iaiion interferes with or obsiiMcls the pa.ssage of any vehicle, is hereby ])rohibiti'd (and in no case shall ther(> be more than four peddlers or hawkers vending llieir goods in auy one block, except at market places, nor shall more than two occupy the same side of the street). Any person who may violate the provisions of this section, shall be deemed guilty of a misdemeanor, and shall be fined not less than two dollars, nor more than li\(' dollars: provideli- fare forbidden. — Any person in this city who shall hoist, lower or let down on the outside of any building, over any thoroughfare, any nieichiin- dise, grain, or building or other material or article, shall be deemed guill.v of a misdemeanor. (M. C, sec. 1101.) Sec. 1221. Injurinff public property a iiiisdenieauor. — Any person who shall in this city wilfully cut. Iiack or otl:er\\ise injure any awn- ing post, sign, fire plug, hydrant, ornamental or shade trees, railing, fence or other inclosure, or any property belonging to the city, shall be deemed guilty of a misdemeanor. (M. C, sec. Il(i2.) Sec. 1222. Coal or firewood not to be thrown on side- Avalks. — Any i)erson who shall in this city cast, throw or place upon any paved sidewalk any stone, coal or firewood, or shall saw. or permit to be sawed, any firewood, upon such sidewalk, shall be deemed guilty of a mis- demeanor. (M. C sec. 11G3.) Sec 1223. Obstruction of Iii,i»lnvays with vehicles forbid- den. — If any wagoner, i arrcr. (iraymaii or the driver of any carriage, sleigh, sledge, buggy, furniture car. oi- any other vehicle for jileasure or burden, shall stop or place any such cart, wagon, dray, carriage, sleigh, sledge, buggy, furniture car, or other vehicle for pleasure or burden, in any street, lane or public alley, or near the intersection of any street, lane or public alley, or across the crossing or footway along or across such lane, street or ]iublic alley, he shall be deemed guilty of a misdemeanor; and u])on conviction thereof, shall be fined not less than ten noi- more than five hundred dollars. (M. C, sec. IKM.) Sec. 1224. UnautJiorized obstruction and excavations for- bidden. — Any jterson who shall, himself, or hy anoihei-, jilace upon any highway or other jiublic i)lace any obstruction not authorized by ordinance, or make any excavation in such place without lawlul authority, or displace or remove any stones, stakes or other landmarks placed by any officer of this citj', under authority thereof, or injure or deface any !(ro])erty shall be deemed guilty ol' a misdemeanor, and ujjon conviction thereof be lined not less than ten (iollars nor more than five hundred dollars, i M. (\, sec. lIGo.) Any ein'r()aclinient upon any part of a highway, wlietiier on the traveled part thereof nr on the sides comes clearly within the idea of a nuisance; State vs. Campbell, SO Mo. App. 110. 11.1. See note at beginning of .\rt. 12. Chap. XI.. and cases there cited. See. 1225. Penalty for si>illinjf articles on streets from wagons, etc. — Any person who sliall dri\'c oxer or along any street or ART. XI] OF OFFENSKS CONNECTED WITH HUJUWAVS. g09 hijjlnv;iv in S(. Louis, aii.v \v;i;;on or oiiui' M-hiclc coiUjiiniiit; enforce the provisions of the next jtreceding section and to arrest any jicrson found violating the same. And it shall also be their duty to promptly report to the street commissioner any and all stret'ts or [tarts of streets ot- highwavs upon which any article has been placed, spilled or thrown in violation of ilie preceding section, or of sec- tions r)98 and 12.iTi of Revised ("ode of St. Louis. (M. C, sec. 1 KIT. i See. 1227. \Vlu» liablo iiiuIiT siM-tion. — If the driver of any wagon or vehicle who shall violate the provisions of section ll.*i;."i shall be a pi'ison other than the one to whom the license for such wagon or vehicle shall have been issued then the jterson to whom such license shall have been issued shall be deemed eijually guilty with such driver of a violation of the next two preceding sections, and shall be subject to the penalties provided herein. (M. ("., sec. 1U;8. ) Sec. iL'-S. Vspliiill iiiid Ititiiiiiinoiis in:i<-i)(I:ini pa\ in}>' pr<»( «'<■<('<] a;;aiii.st Ii((ui(i.s. NU ] cison shall jiour or spill, or permit lo dri|i upon any as]ihalt or bituminous macadam i)avenient laid on any street or alley or public plac(> in the City of St. Louis, any kerosene, benzine, gasoline or other similar oil or oily substance or liquid, or salt or salt water. (Ord. 1'I2:{:!. .sec. I.I Sec. 122!). Sanu' — roH:iilati«nis as (o oil wagons aiul tanks — oil ro<*Pl)ta<'los. — All oil di-livi-ry w»gons ur tanks shall liavi- s.-cundy fas- tcneil under the taps or faucets thereunto attachev(>rtlow from such measure or other ves.sel must be jtermitted to fall tijion such pavement, and no receiitade for holding oil shall be placed on the asphalt or bituminous macadam pavement. (/?>.. sec. 2.) Sec. V2'M. SaiiK' — rrgrulaf ions as lo v<'liirh»s iisin^ oils. — All automobiles and auto<-ycles and all other vehicles using kerosene, benzine, gasoline or othei' similar oils, shall be jirovided with a jian or pans or other ert'iiieiit rn-eplacles so that no di-ip or overllow shall fall u|ion the as|)halt or bituminous mai-.-idam paxcmmi. i /'«.. sci-. :!. i Sec. 12."{1. .Sanu" — i«'t' cri-ani \\ag;ons. .\ll wagons delivering or hauling or handling ice cream shall haul away and not deposit or throw upon any asidiall or bituininous macadam |ia\emeiil any salt water or salt, nor shall they deposit upon such pavement any receptacles which contains salt or salt water, i Ih., .sec. 4.) 810 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 12. [hone wires, or wire used for baling hay, straw or other material or any ashes, or animal, vegetable or any substance whatever, or any kind of advertising matter, or to distribute or cause to be distributed or permit any one in his or her em- ploy to distribute, any kind of advertising matter so that it shall litter the public highways, thoroughfares, streets, sidewalks or other public places, or any of them, or to paint or cause to be painted or jiermit any one in his or her employ to paint, any kind of advertising matter sign or signs on any sidewalk, and no person shall sweep or cause to be swept, or jierinit any one in his or her employ to sweep, from any store, office, warehouse, manufact- ory, hotel, or any other building occupied in the whole or in part for busi- ness, any refuse or dirt from the floors of said establishments, or any of them, on to the public highways, thoroughfares, streets, sidewalks or other public ]ilaces of the ("ity of St. TiOnis, .\iiy jierson vidlnting an\ of the i>ro- ART. XI.) OF OFFENSES CONNECTHl" WITH llir.l r\V AYS. 811 visions of tliis section shall lie (Icenu'il ^uillv of a Musdcini'anor. and upon conviction thereof, shall be fined not less tliaii ten dollars nor more than titty dollars for each and every ollense. (M. C, sec. 1170.) See R. C. 1226. which makes It the duty of the police to report to the street commissioner cases where the streets are littered up by articles thrown thoreon. etc. Sec. 11^36. IViialtj for injuring hiiiip |m»s(k, vtv. — \iiy per- son who shall wiiriiliy or inalicioiisly or iie^iijiciil ly injure, pull down or l)reak any lamp post, bracket or <^as lamp or lelej;raph post or tele}j;raph wire or wires, or wire or wires connected with the lire and i)orice telej^raph within the city, or shall carry away, diminish or reduce the oil, trasoliue, naphtha or >;as siipiijied to any ]iublic lain]) or lijrht or shall extiiij;nisli any such lifiht or iiirii oil' wholly or jiartly the supply of oil, naphtha or gas from Mich lifiht, or shall injure, break, deface or daub any mantle, <^lol)e or shaiie, or shall screen or otherwise obscure any public light, lamii. globe or street sign, shall be guilty of a misdemeanor, and upon conviction thereof be lined I'ot less than five nor more than three hundred dollars. (Ord, 20245, amend- ing M. ("., sec. 1171.1 Sec. VSM. Diiiijrer sig:nals — iM'iialty for Itrrakiiif'-, vtv. — Any unauthorized person who shall remove, break or e.xtiiigiiisii any lantern or danger signal, which has been placed on any street or alley to jn'otect persons against accidents, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be lined not less than live dollars, nor more than lirt.\ dollars. iM. ("., .sei-. 1172.) See. 1238. Hoh's, et<'., to bo foiicod. — All holes, depivssicms, excavations or other dangerous places within the city that are below the natural or artificial grades of the surrounding or adjacent street, shall be l>roperly inclosed with fenc(>s or walls, or lie filled up so as to prevent per- sons and animals from falling into them. ( M. ('., sec. 117l{.) Sec. 123'.). Strc't't coiiiiiiissiinicr — iio(i<'«> lo Uv j;i\«'n l>y. — The stret'l commissioner shall notify the owners or occupants of iiremises on wliicli such dangerous places exist, to cause fences or walls to be built around them, or to cause the same to be filled up, within such period as he shall (h'em the exigencies of the case may roipiirc. In case of failure to comply by any of the owners or occupants of said ]>remises. after the noti- licatioii al>ove rcipiircd has lieeii given, then they shall be deemed guilty of a misdemeaiiiir, and ii|>on conviction thereof, be lined before the police rmirt not less than ini. imr exceeding lixc IniiHlriMJ diillars. (M. (J., sec. 1174.) Sec. 1240. Street coiimiissioner — wlieii to fence (laiijreroiis plares. — Whenever Ihc said o\\ utr m- orrupant cannot be foiiinl. then the street riiinmissioiier shall cause such dangerous plaics Id lie fenced in. iM. C, .sec. 117.".. I Sec. IJli. To \\ liat acrtmnt f.\i)i'iise> cliargfetl. — The ex- pen.se which the stn>et commissioner may incur in doing the work above mentioned sliall be charged to ami paiil out of n(>propriatioTis for streets and alleys, i >f. ('.. sec. 1 17-eock boxes — penalty for im- proper location of. — ^Vhenever it shall come to the notice of the street commissioner that any gas or water stop-cock box is not located as required by ordinance or ]irojects above the surface of any paved sidewalk, it shall be his duty to notify the i)ersons, corporations or associations su]»plying gas, with respect to gas sto{i-cotk box, and the owner or agent of the prop- erty fronting thereon with the resjject to the water stop-cock box by mail, to have the same properly located, or set even with the surface, within ten days from the date thereof, and if such persons, corporations or associations supplying gas as aforesaid and the owner or agent fail to comply with such notice within the time specified, they shall be deemed guilty of a misdemean- or, and upon conviction thereof, be fined not less than ten dollars nor more than fifty dollars. (51. C, sec. 1179.) Stf. 1245. Trnndling- wheelbarrows on sidewalks prohib- ited. — Xo ])erson, otherwise than in passing in and out of his premises, shall trundle any wheel or hand-liarrow. or hand-cart, upon any paved side- walk. Any person violating the jirovisions of this section, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than five dollars nor more than twenty dollars. (M. ("., sec. 1180.) See. 1246. Penalty for violatinii' chapter. — Any ])er.son who shall violate any of the i)rovisions of this ehajiter for the violation of winch no specific penalty is provided shall be deemed guilty of a misdemeanor, and on conviction thereof, be fined not less than ten dollars, nor more than five hundred dollars. (M. C. sec. 1184.) ARTICLE XII. OF CITY FORESTER. Sec. 1247. (Mty forester's office.— There is hereby created in the street di'|iartment tli'e oft'ice of city forester. (Ord. 22308. sec. 1.) Sec. 1248. Same — appointment — tenure. — The city forester shall be aiiiioinled by (he mayor and apjiroved by the council. He shall hold of- ART. XII.) OF CITY KORESTKH. 813 lice fill' four vejio aiid uiilil liis siu-ci'ssur .shall liavo Ix-cii iliilv nii|i(piiilc(l aud (|iialiru'. see. 2.) Sec. 12J!». (^iialilifations- The city forester shall be a man skilled and learned iu the science of forestry and shall have had not less llian three years' practical experience in the caie of jiark or street trees. No per- son shall be appointen(. i ///.. .sees. .".. I."), i Sec. 1250. Diitios of for<>sU'r in f^iMUTJil.— It shall be tiic dniy of the city forester to superinieinl. rey;ulaie and encouraj;e the i>lantin2. Salary and bond of lori'ster. — The salary of the city forester shall be at the rate of twenty-four hundreil dollars jier year, pay- able in monthly installments, in full for all services. lie shall give bond in the sum of tive thousainl dollars for the faithful |ierl'ormance of his du- t'cs. with not less than two good sureties, hoblers of unincund)ered real es- tate in the eity or any surety company, which bond shall be approved by the mayor and council, ifh.. sec. 6.) Sec. IJ.",;;. Siiliordinatr <'in|»Io>e« in forester's artnieiit — appointnu'nt. t«-niir<-, Ixtini, salarirs.^Tli.- striit c-omniissiomi- may. In :iiid with the appi-o\al of the mayor, ajipoint the fcdlowing subordinates who shall lK>ld their respective positions ply to private pi-operty.— The ])rovisioiis of this article shall not apply to trees or shrubbery planted on private property. (lb., sec. 14.) AltT. M OF POLICE COURTS (>F FlUST AND SECOND DISTHICTS. gl5 CHAPThK 1j. JUDICIAL DEPARTMENT. ART. I. Of police courts of llrst and second districts. II. Of police court aoiitli of Arsenal street. III. Of Justices of the peace. IV. Of marshal. V. Of Jury commissioner. VI. Of compensation of Jurors. VII. Of probate court. VIII. Of Juvenile court.* AKTICl.i; 1. OF roi.icR rnvRTs oi- i-n:sT .xxn pkcond districts. Stc. 12t)l. 'Iiulicial (li.s^^■i^•t.>^, Ixmiularit'.s. — Tin- city is hcnhy • livideil into two jiidiiial distritts, as follows: All that portiou of the city iyiufi .souih of the followini; dcscriliod lino, to wit: < "omiiK'iicinp; at a puiiii ill the middle of ilie main iliaiiiiel ut' Ilic .Misfiissi|i]ii river, where (he eoiit iiiiiai ion nf the center line oi-tion of the city ly- ing north .justi«'<*s. — There shall lie in each of said districts a court wliicii sliali 111' called rfs|nMiively the first district police court, and the second district police coiiii, each to be held liy a polii-e jnsti<'e, hut when the justice of any such court is disaliled or disijualilied liy alisence, sickness or otherwise, then liy any justice of the peace, for the city, to lie designated liy the mayor, who siiall. for tlie time being, possess all the jiowefs and jierform all the duties which are enjoined upon police justices by law an»aid justice, otficiating for a ]iolice justice, shall h;ive the same legal sanction and force as though performed by the |iolice justice* in person, and for the service rendered by the person otficiating in the sti-ad of a ]io!ice jus tice. he shall be alloweil the same salary jn'o rata, as the police justice would be entitled to. In ca.se a jmlice justice should be absent by reason of sick- ness, the salary of the person ofTieiating in his stead shall be made charge- able to ap|)ropriationH for salaries, otherwise it shall be deducted from tlie salary of the jiolice justice whose place shall have been filled by such jus- tice of the peace, and it is hereby made the duty of the cbil; ,,{ the police •For atntutes relntlnic to the Juvenile Court, see "Laws Specially Applicable to St. I>iul»." atilt pftfte US to 121. Chap, n. Art. 7. sees. 205 to 226. Ordinance 22540. approved July 12. 19n(> (too late to appear In the Rev. Code, but set out In the appendix hereto) provides for the Juvenile court building and the opera'lon of the court, city officers connected therewith, etc. 816 REVISED CODE OR GENERAL ORDINANCES. LCHAP. 13. court to certify to tlie auditor the length of time anr person officiating as aforesaid shall have served, whereupon the auditor shall issue his warrant accordingly. (M. C, sec. 118G.) The city has authority under its cliarter powers to establish police courts: Ex Parte Kiburg, 10 Mo. App 442. Police justices are appointed for a definite term and can only be removed for cause upon proper charges, after due hear- ing: State ex rel vs. St. Louis, 90 Mo. 19. Sec. 126:i. Location of the first and second district courts. — The said first distiici I'olicc ( 'diui shall be held in the old cily hall liuild- ing. located on Eleventh street between Market and Chestnut streets, and the Second district Police Court shall lie held at such jiiace as shall be desig- nated by the mayor. (Ord. 21518 amending M. C, sec. 1187.) Ord. 2151S also contained the following provision which is omitted from the text as being obsolete: "The first district police court, in addition to being held at tlie Old City Hall building, shall from the time this ordinance takes effect up to and including the tliirty-first day of December, 1904, be lield daily, beginning at three o'clock P. M. of eacli day. legal holidays excepted, at the Mounted Dis- trict Police Station, located in Forest Park, or such other place in the vicinity of the World's Fair Grounds as shall be designated by thp Mayor." Sec. 126t. Jurisdiction. — The police justices, or any acting justice pro tem., shall have and exercise such powers and jurisdiction as is or may be conferred by charter or ordinance provisions. (M. C... sec. 1188.) Charter Art. IV., sees. 25-27. See note to ne.xt section. The police court b.v the charter has simply power to enforce all legal orders and judgments and per- form the duties and exercise the powers prescribed by ordinance, which must be in harmony with the laws of the state; an ordinance granting to the police justice authority to disbar attorneys in his court is not in harmony with the laws of Missouri and is void: State ex rel vs. Peabody, 63 Mo. App. 378, 381. It is held that a civil action does not lie against judges and magistrates, or persons acting judicially within their jurisdiction; but "wiiere a ministerial of- ficer does an act as a judge or does a judicial act ■within his jurisdiction lie is not civilly liable to a person injured unless it be proved that the act be wilful! and malicious;" Albers vs. Merch. Exch., 138 Mo. 1. c. 164, citing numerous cases; Pike vs. Magoun, 44 Mo. 491. See also discussion in Burkbarth vs. Stephens. 117 Mo. App. 425. 431 et seq. The police court is a court of limited jurisdiction, not proceeding according to the course of the common law and such courts must confine themselves strictly within the authority given: St. Louis vs. Tiefel. 42 Mo. 57S, 593 (denying juris- diction for violation of a state act). By the Charter, jurisdiction over all cases arising from a violation of city ordinances is given to the police courts: St. Louis vs. Pahl, 114 Mo. 32, 34. The power of the city granted by the charter concerning police justices does not extend to the enactment of an ordinance granting the police Justice the riglit to disbar or suspend attorneys in his court; such ordinance is not in harmony with the laws of Missouri, which confer that right on other courts, and is void: State ex rel vs. Peabody, 63 Mo. App. 378. Sec. 1265. Police courts — jurisdiction of, in suits f«)r fines — forfeitures and penalties — proceeding: in <*ivil action. — The said police courts shall have jurisdiction of all suits for the recovery of any fine, forfeiture or penalty imposed for the violation or breach of any or- dinance, which suits and proceedings therein shall be in the nature of a civil action, ni. C, sec. 1189.) VIOLATIONS OF ORDINANCES AND THEIR INCIDENTS. Charter Pro%isions ! The Charter, Art. III., sec. 26, clause Unlli. confers upon the city authority to enact ordinances "to impose, collect and enforce fines, for- feitures and penalties for the breach of any city ordinance," and in default of paying the judgment authorizes commitment to the workhouse, etc.. provided ART. I.] OF POLICE COl'RTS OF FlItST ANI> SRCOND DISTRICTS. 817 such Imprisonment dot-.-. 11..1 v.\v.-..l six months (no longer: St. Louis vs. Karr, 85 Mo, App. COS); anil provides for hard labor with an allowance therefor of fifty cents per day on account of the line and costs. (For ordinances on tines, penal- ties and forfeitures see Rev. Code. Ch. IS. Art. S, sees. IS.iO-liiaS.) Art. III., sec. 26. clause lourte tnlh Is the "Kcneral welfare" clause and authorizes the enforce- ment of ordinances "by fines and penalties, not exceedlnp five hundred dollars and by forfeitures not exceeding one thousand dollars." Art. IV.. sec. 16, confers on the mayor authority to "remit fines, forfeitures and penalties duly Imposed for violation of any ordinance." Art. XVI.. sec. 12, provides for a violation of any Charltr provision for which no punishment has been therein provided. For Work- house ordinances see post R. C, sections 1742 tt sea.; for House of Refuge, now Industrial School, see "Laws Applicable to St. Louis." Ch. 14. sees. 355-3G7. and notes; also R. C. see, 178.1. For Court Criminal Correction see "Laws Applicable to St. Louis," sees. 102-13!>. Nature of the nctlun ur proaeeutlon: The proceeding In a police court for vio- lation of an ordinance is held to be essentially a civil action for recovery of a debt or penalty; It Is governed by the rules of pleading applicable to civil cases, and not the strict rules pertaining to criminal proceedings: St. Louis vs. Knox, 74 Mo. 79; St. Louis vs. Weitzel. 130 Mo. 600. 612; Ex parte Hollwedel, 74 Mo. 395; Delaney vs. Police Court. 167 Mo. 667. 678, citing numerous cases; Springfield vs. Ford, 40 Mo. App. 586. 588; In re Miller, 44 Mo. App. 125; In re Jones 90 Mo. .-Vpp. 318; Cannon vs. McDanlel, ISS Mo. 207. 22S. Such a proceeding, however, while civil In form, is i|uasl-crlminal In character. Partaking of some of the features of each, its similitude to either Is not complete. In pleading It is more nearly like a civil action but In its effects and consequences it more nearly resembles a criminal proceeding: Stevens vs. Kansas City, 146 Mo. 460, 465 (holding that hence the criminal court and not the circuit court is the natural channel for such cases to go through to reach their ultimate appellate destination); Douglas vs. Kansas City. 147 Mo. 4 28. 436. Such an olTenae. though "not criminal, is penal in its character and in deroga- tion of common right; the ordinance must therefore be stricti.v construed and in order that the judgment of conviction may be upheld the proof adduced must bring the defendant clearly within its meaning," and in this respect the same rule of construction applies as In a criminal prosecution: St. Louis vs. Robinson, • 135 Mo. 460, 470. holding that the title of the act may be looked to as a help to its construction; Pacific vs. Selbert, 79 Mo. 210, 215. "Civil actions, so-called, for the recovery of fines and penalties, have always been considered as so far ^ «oji-crlmlnal In their nature, as to be excluded from the statutory provision against Imprisonment in purely civil proceedings:" Ex Parte Kiburg, 10 Mo. App. 442. 446. So also it was said in the case In re Lar- kowskl. 94 Mo. App. 623, 632. that when a youth Is sentenced to the House of Ref- uge (now called St. L Industrial School). Instead of the Workhouse, for misde- meanor, "It Is as to him a penal Institution, and while confined therein on ac- count of such conviction he is undergoing penal servitude." Iniportanl Knnetlun of Munlelpnl Ordlnniior. — The proceeding in a police court "Is Indispensable to the peace and well being of the inhabitants of cities, and reaches offenses which state laws are not odapted to punish": Stevens vs. Kansas City, 146 Mo. 460. 465. A Workhouse is conducted for the public good ami Im- prisonment therein is only the legitimate exercise of suitable police regulations such as the city has undoubtedly the power to enact: Ulrlch vs. St. Louis, 112 Mo. 138. 144. Arralcnnirnt and pira are unnecessar}': Delaney vs. Police Court, 167 Mo., loc. lit. 67S, and ■uses there cited; St. Louis vs. Knox. 74 Mo. 79. Jury Trial.— Neither the federal nor state constitution guarantees to a person charged with a violation of a mere municipal police regulation, the right of trial by Jury: Delaney vs. Police Court. 167 Mo. 667: Marshall vs. Standard. 24 Mo. App. 192; Ex Parte Kiburg, 10 Mo. App. 442. See R. C. sec. 1286, for provision for Jury. The eonstltutlnnal inhibition against liiiprUi'iiiiieiii for deli) does not api*ly to commitment to the work house on failure to pay the fine assessed for violation of u eilv ordinance: Ex Parte Hollwedell. 74 Mo. 395; Ex Parte Kiburg, jufira. InjiiiK'iliin. — The doctrine that criminal statutes cannot be tested or their en- forcement restrained In the civil courts does not apply to municipal ordinances: Coal Co. vs. St. Louis, 130 Mo. 323. 330. 818 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 13. How entitled. — The proceeding should be in the name of the city not the state: Ex Parte Hollwedel. 74 Mo. 395; St. Louis vs. Sternberg, 69 Mo. 289, 303. The proceeding abates upon the death of the defendant; berg, 78 Mo. 547. Carrollton vs. Rhora- Tbe burden of proof rests on the city and so remains throughout the trial; Columbia vs. Johnson, 72 Mo. App. 232, 238; and since it has to do with the per- sonal liberty of the citizen the guilt of the defendant should be shown beyond a reasonable doubt; Glenwood vs. Roberts, 59 Mo. App. 167; see also St. Louis vs. Dorr. 136 Mo. 370 ("nothing can be taken by intendment in such a prosecu- tion." "the evidence must bring the case within the allegations"), 375. But it has been held that a fair and reasonable inference from the proven facts, inconsistent with innocence, is sufficient to convict, though there be no di- rect testimony; St. Louis vs. Wiley, 8 Mo. App. 597. • Intent only without some overt act cannot be made a misdemeanor by ordi- nance: Ex Parte Smith, 135 Mo. 223, 227, citing St Louis vs. Roche, 128 Mo. 541. Mnuiiuer of corporation not liable for violation of ordinance by employee unless done with his consent or by his direction; Kansas City vs. Dickey, 76 Mo. App. 437. But one who is manager in fact and so regarded may be held as manager although he is not exclusive manager nor technically such: State vs. Hemen- over. 188 Mo. 381. Ordinances declaring oircnses con<*iirrently ■with state statutes. — The city may enact ordinances (within its charter powers), prohibiting acts as misdemeanors as to which there are state statutes making the same act punishable by indict- ment, and may proceed in its own name in the police courts independently of the state offense if the ordinance is not inconsistent therewith: State ex rel vs. Walbridge, 119 Mo. 383, 392; Canton vs. McDaniel. ISS Mo. 207, 228; Ex Parte Hollwedel. 74 Mo. 395, 401-402 citing cases; St. Louis vs. Schoenbusch. 95 Mo. 618; St. Louis vs. Cafferata. 24 Mo. 94. 97; St. Louis vs. Bentz, 11 Mo. .61; Kansas City vs. Neal, 49 Mo. App. 72; De Soto vs. Brown. 46 Mo. App. 148; St. Louis vs. Delas- sus (decided by Sup. Ct. July 2. 1907, not at this writing reported, and cases there cited and discussed.) And hence a former acquittal or conviction under a state law is not a bar to the prosecution under tln' ordinanc-e: Canton vs. McDaniel supra; and vice versa; State vs. Gustin, 152 Mo. 108. But if the ordinance undertakes to make that a misdemeanor which is incon- sistent with rights under the statutes applicable to St. Louis, or the constitution, it is void; the city cannot do that which is not in harmony with the policy of the state as manifested by its general laws upon the subject: St. Louis vs. Meyer, 185 Mo. 5S3, 597. On this jiroposition in general, that the city ordinances must be in harmony with the statutes and constitution, and its limitations, see in- troductory note to the Charter. Ante page 290. and the cases there cited. And the fact that the city ordinance provides a more definite fine or penalty than is named in the general statute does not create a want of harmony be- tween the two: Kansas City vs. Hallett, 59 Mo. App. 160, 163, and see cases there cited; Kansas City vs. Zahner, 73 Mo. .A.pp. 396. See also St. Louis vs. Delassus. supra. Misdemeanor may be prosecuted as such though part of a felony; doctrine of merger applies only when the precise act, viewed in respect of its precise conse- quences is in question: St. Louis vs. Lee. 8 Mo. App. 598. Penalty in Excess of Charter Authority is void but not if less; Ex Parte Cald- well, 138 Mo. 233, 241. And a T\'orkhou*.-e superintendent detaining a prisoner for a lons;:or time than the Charter warrants, although acting under a void ordinance, is liable for false impri.-innment: St. Louis vs. Karr, 85 Mo. App. 60S (in which the prisoner was held over six months). So it was held in In re Larkowski. 94 Mo. App. 623. and cases therein cited, that the laws relating to the St. Louis criminal court could not provide a differ- ent penalty than that provided by subsequent state laws, and to that extent were void (see cases on this point cited in note to "Laws Specially Applicable to St. Louis," sec. 134), and that the provision allowing prisoners fifty cents per day in working out their fines when sent to the worl?; house or reform school by the court, was void, and that such prisoners were entitled to one dollar per day as provided in a general statute. AKT. I.l OF POLICE COURTS OF FIItST ANP SECOND DISTRICTS. 819 See. 12GG. I'oliro jiistiro duly wlu'ii (li.s({iialifie(l. — When- ever it shall come to the kuowlodye of either police justice that a cause is pendinfi in his court in which he may be a material witness, or in which he may be interested or of kiu to the defendants, it shall be his duty to ex- cuse himself from actinj; as jndfje in said cause, and he shall at once certify and tiMUsmit said cause, (ojiclhcr with all papers and docuiiicnls I'clatinj; lo same in his court, to the other polii'e justice in the city, who shall receive and dispose of same as if said cause orijiinated in his jurisdiction. (M. ('.. sec. llilO.i Cases of nilsdt-ini'anor whore a change of venue is taken or where transferred on motion may go to the poUce court south of Arsenal street. See sec. 1318. A defendant who lUes an application for change of venue thereby submits his per- son to the Jurisdiction of the court: In re Jones, 90 Mo. App. 318. Sic. r2()7. llouivs and (la>s of session. — There shall l)e a daily session of the police coiiris (Sundays. Christmas. New Year's, Thaiiks- j^iviiij; l>iiy, the twenty-second day of February and the Fourth of .Inly ex- cepted), commenciu}; at the hour of nine o'clock in the morning;, and all the cases set for each day shall be tried on each day, provided thefe be suffi- cient time between the hours set for the meetiu-i of the court and sundown of the same day. except such cas(>s as may be coiil iniifd. as hereafter pro- vided. iM. C, sec. 11!)1.) See, 1268. Police justices aiiti clerks — appoint luent aiul terms. — The mayor shall ap|Poiiit the jiolice justices and a clerk for each of .said courts, who shall hold their olfices for four years, and until their successors are appointed and qualified. All such appointments shall be subject to the confirmation of the council. (M. C, sec. 1192.) The power to establish the court carries as incidental thereto the power to provide for clerks and to define their duties: Ex Parte Klburg, 10 Mo. App. 442. 446. Sec. 126f). Assistant police court clerks— duties — (pialifica- tioiis — l)on«l — salary. — The clerk of tin- first district police court may, Ity and with the approval of the mayor, appoint two assistants, who shall aid said clerk in the discharge of his duties and who shall perform such serv- ices as said clerk may from time to time assign to them and designate, and each of said assistani clerks is hereby empowei-ed to do and iierform all things ill the name of the clerk, as the clerk is or may be by law emjiowered to do or perform. I^ach of said assistants shall be a qualitied voter and a resident of the City of St. Louis for at least two years |)rior to his aji- point ment. Kach of said clerks shall give a bond to the t'ity of St. Louis, with one or more sutVicient sureties, to be approved by the mayor and coun- cil, in the sum of twenty-live hundred dollars for tlie faithful jierformance of his duties and for the faithful payment to the clerk or treasurer, or lo any pel-son or persons entitled thereto, of all moneys that may come into his hands. F-'acli of said assistant clerks shall receive a salary of eighty three and lhirt\ three and one-third hundredths I'ollars per month, jiayable at II lid of each month, i I'arl of Ord. 21.")1S. i Kepoals Ord. 19912. The ordinance also contained the following proviso omitted In the revision as obsolete: "Provided, that the assistant clerk appointed under the provision of said ordinance nineteen thousand nine hundred and twelve shall continue In office and discharge all the duties of his otflce until the ex- piration of the term for which he was appointed, and thereafter an assistant clerk shall be appointed for a term of four years, and the appointment of the other assistant clerk shall be for a term expiring on the thlrly-flrst day of De- cember, nineteen hundred and four, at which ilate said office of such assistant clerk shall cease to exist." 820 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 13. Sec. 1270. Additional assistant clerk— thitics— qualifications — salary. — lu addition to the as.si.staut clerk now authorized to be appoint- ed bv the clerk of the First District Police Court said clerk may by and with the approval of the mayor, ajijioint one other assistant clerk who shall aid him in the discharge of his duties, and shall perform such services as said clerk may from time to time assign to him. Said assistant clerk shall be a qualified voter and a resident of the City of vSt. Louis for at least two years prior to his appointment. He shall give bond to the City of St. Louis with one or more sufficient sureties to be approved by the mayor and coun- cil in the sum of twenty-five hundred dollars, conditioned for the faithful performance of his duties and for the faithful payment to the clerk, treas- urer or to any person or persons entitled thereto of all moneys that may come into his hands. Said assistant clerk shall receive a salary of one thousand dollars per annum, payal)le in equal monthly installment.s at the end of each month. The first appointment of said assistant clerk herein provided for shall be for a term expiring on the first Tuesday of April, nine- teen hundred and seven, and thereafter said ap])ointment shall be for a term of four years, ])rovided, however, said assistant clerk may be removed at any time by tlie clerk of the fii'st district ]iolJce court with the ai)iiroval of the mayor.' ( Oi-d. 2201(1.) See. 1271. Qnalifications of i)olice jxisticc— A person to l>e eli- gible to the ott'ice of police justice, shall be at least thirty years of age. a licen.sed and practicing attorney for at least five years prior to his appoint- ment, a citizen of the United States, and shall have resided in the City of St, Louis for three years next preceding his appointment. (M. C.. sec. 1193.) Sec. 1272. Qualification of clerk — deputy clerk. — A person to be eligible to the office of clerk of said court, shall be at least twenty-five years of age, a citizen of the United States, and shall have resided in the City of St. Louis three years next preceding his a])pointment. The clerks of said police courts are hereby autliorized to a{)]M)int such deputies, sub- ject to the approval of the mayor, at such times as may be necessary, who shall perform in all respects the duties of clerk of the police court for which they have been appointed, such deputies to be paid by the clerk of such po- lice court, and the princijial shall in all respects lie liable for the acts of his deputies. ( JL C, sec. 1194.J Sec. 1273. Duties of clerks. — The duties and requirements of each of the clerks, except as otherwise jirovided, shall be as follows: FinsT, OATH AND BOND. — He shall take the oatli re(]uired of city offi- cers and give bond to the city in the sum of five thousand dollars, with one or more securities, to be a])proved by the mayor and council, conditioned for the faithful performance of the duties required of him by law and ordinance, and paying over to the treasurer or any person or persons entitled thereto, all the money that shall come into his hands. Second, trial docket. — He shall produce each day at Hie opening of the court a docket in which shall be entered all suits se( for trial on that day, and the oft'enses for which the suits have been instituted, and tlie po- lice justice shall note upon said docket the judgment or other actiou iu such suit as soon as the same is had. TiiiKD, appeal docket- — transcript. — He shall keei) an apjieal docket in wjiich shall be duly recorded all the proceedings had in any suit in which an apiieai sli.MJl have been granted to tlie SI. Louis Court of Uriiiiiual ("orrcc- tion. and, upon an appeal being ]ierl'ected, he shall make out and certify ART. I.J OF POLICE COURTS OP FIRST AND SECOND DISTRICTS. 821 to said court a full transcript of the proceedings Iiad in said snir. for which (unless tlie city be appellant), he shall collect from tlie aiipellant a transcript fee of one dollar and a half, which transcript fee the clerk sliall be re(|iiii'ed to pay into tlie treasury within three days after the appeal is taken. FouKTU, COSTS. FEE BILLS. FINES ANU REPORTS. — llc shall fa.x all costs in his court (subject, however, to appeal to the police justice I, to make out all fee bills and executions; to make out and issue all processes of the court, and sij^'u the same as clerk, to make lo the auililor each iiionth a statement of all the fee bills and executions retiiriied to him satisfied l)y the marshal during the preceding month, to furnish to the municipal as- sembly, at each legular session a full statement, of the amount of tines imposed, amount of lines remitted by the mayor so far as the same apiier- tains to cases from his court, amount of fines and costs collected by exet-u- tion to the workhouse, and fines ancl costs ouisiaiiding since the commence- ment of the previous session, to administer oaths, to certify to transcri|)ts from the doikets of the police justice, and t)ther records of the court, and generally when not otherwise prescribed by ordinance, the duties of said clerk shall be, as near as may be, the same as those required of the clerk of the St. Louis Court of Criminal Correction. FiiTii. i{i;roKi>s. nooKS and papcrs — mannkr oi- Ki:i;i'iN(i. — lie shall have the care and custody of all the books, records and dockets of tlie court, shall (ile and preserve all papers which pertain to any suit oi' other proceedings had tlu'i-ein, and shall keep a book or books provided for that purpose, in which he shall enter the names in alphabetical order of all |)ers()ns tried be- fore the police justice, the date of the trial, the nundier of the cause, accord- ing to the entry on the execution blotter, the violation or olVciisc charged, and the judgment rendered; said book shall be called the "alphalK'lical index." Ile .shall also keep another book to be called the '"execution blotter," in which he shall enter the names of every person tried before the police jus- tice, in the order in whicli their names api)ear on the docket, the date of trial, the violation or offense alleg(>d, and the judgment rendered, ami these entries shall be mimliered in their order for each month, separately, com- mi'iicing with number one for the tirst entry in each month, and all nuiidiers on jiapcrs pertaining to the several cases, or on entries of the ca.ses in otlier books shall corresjiond with the nund)er of the cases severally on the "exe- cution blotter." lie shall also keep another book to he called the "execution book," with a debtor and creditor side, in which he shall enter on the debt- or side every fee bill or execution delivered to the marshal, placing in scpa rate columns the amount of the line, (he police justice's fees, clerk's fees, city altoriicy's fi'cs. marshal's fees and witness' fees, on the credit side he shall enter in like manner every fee bill or execution returned to him by (he marshal, taking care to keep together fines and fees satisfied, in distinct col- umns from lines and fees in workhouse or other cases in which the same are not collected. Ile shall also keep a roll of attorneys for the police court, and no attorney shall practice in .said court, unless his name ajijiear on said ndl of attorneys, by iiufhority of the [xilice justice. JustliM* ("unnot tllsbar iittornry; Sfu note lo st-c. 12"". I Sixth, execution. — He shall furnish to the marsh.il immediately upon the conviction and sentence of a prisoner, an original execution or a true •■opy of the same, with all costs indorsed thereon. y)ro]ier to he taxed up in the cause, that he may collect the same without delay, and tipon failure to collect that he will immediately cause the i)risoiier to be removed to the Workhouse with all |Hissible disjiatrh. Seventh, assist city .\ttorney. — He shall so far as is consistent with 822 P.EVISKl) CODE OR GENERAL ORDINANCES. [CHAP. 13. the duties of his office, assist the city attorney iu receiving complaints and making out the necessary papers therefor. (M. C, sec. ll'J.J.) See. 1274. Pei'soiis in custody to be tried first.— Persons iu custody shall be tried first, if ready for trial; all other persons shall be tried in the order in which their names appear upon the docket. (M. C, sec. 1196.) Sec. 1275. Bail, by wlioni to be taken.— Auy person ar- rested for any violation of an ordinance may be admitted to bail by execut- ing a bond to the city, with sufficient security, to be approved by the nuiyor. police justice, the marshal or his deputies, the chief of police, police cap- tains or other police officers in charge at the time of any station house, but by the police justice only, when the case is on the docket of the police court, in such an amount at the discretion of the officer as will secure the pris- oner's presence, but not exceeding the sum of five hundred dollars, condi- tioned that said person will appear upon a day named before the proper police court, to await his or her trial upon the charge against him or her, and every bond taken as above shall be forthwith tiled with the clerk of said police court, by the officer approving and taking out such bond; pro- vided, that no attorney at law, police officer, constable or his deputy, or any officer of the City of St. Louis, whether elected or aj)pointed, shall be received as security upon such bond; and provided, further, that no one shall be accepted as bondsman who shall have standing against him an unsatisfied judgment rendered on a forfeiture of bond. ( M. C, sec. 1197.) Sec. 1276. Bonds — when forfeited — proeednre.— If the defend- ant fails to appear according to the condition of his bond, or having ap- peared shall leave the court without awaiting his trial, the proceedings against the defendant, and the surety or sureties on his bond shall be gov- erned by the laws of the State of Missouri regulating proceedings in cases of bond forfeitures before justices of the peace in misdemeanors. (M. C, sec. 1198.) state laws relating to bond forfeitures before justices of the peace in misde- meanors. R. S. 1S.99. Cliap. 16. .A.rt. XII, particularly sections 2793 to 2SO0. Sec. 1277. Suits — manner of bringing.— All suits in the police- courts (except such as are brought by the report of the chief of police or other duly authorized officers of the board of police commissioners), shall be in the manner and form following: There shall be filed with the clerk of a police court a statement signed by the city attorney or ])erson acting in his stead, which statement shall be in the form substantially as follows: City of St. Louis, 19 — , A. 15.. to the City of St. Louis, debtor to dollars, for a violation of an ordinance of the City of St. Louis, entitled an ordinance i here in.sert the title of ordinance), approved the day of . A. D. 19 — , in this, towit: The said A. B., in the City of St. Louis, between the da\ of —, A. D. 19—. and the day of , A. D. 19—, did (here insert jiarticulars). . city attorney of the City of St. Louis. (M. C, sec. 1199.1 See note to sec. 12ii5 and to sec. 1273. Sec. 1278. Joint offenses — i>rocednre.— The said statement may include several iieisons charged with the same offense, who m.ay be tried jointly at their discretion, ami on conviction pay jointly, flues and costs; but if they elect to be tried separately, they shall, on conviction, jiay each separately, a fine and costs. i'Sl. C, sec. 1200.) ART. I] OF POLICE COURTS Ol' TIRST AND SECOND DISTRICTS. 823 Sec 127!'. Suits -siillM'i«'ii<> <»i' slati'iiu'iit — not lo It*' «li.s- iiiis.stMl for foriiiMl (l«'r<'«*ts.--.\(i suit sliall be (iisniisscd I'oi- aiiv loriiial defects ill tlie siaii'iueiii oi ilie eitv attorney, oi" (tii the report of the chief of police or other duly authorized officers of the board of police coniniissioners, if it siibstantialiv set forth the nature of tlio violation alleged. ( .M. C, sec. 1201.) ' I'rorrdllDKK nrt- civil. — Thai the proceedings In a police court for violation of a city onllnanoe Is a civil proceeding see authorities In note to sec. 1265. $>ulTU'lrnc>' of atatrment.— Observance of the rules of technical pleadings In a court of record or In a criminal proceeding Is not required In the police court. The proceeding may be assimilated to the informal procedure before a justice of the'peace. The statement Is suffciont if It Inform defendant of the offense which he Is called upon to answer: Sprlnglleld v.s. Ford, 40 Mo. .\pp. 586, 588; St. Louis vs. Smith, 10 Mo. 438; St. Joseph vs. Levin. 128 Mo. 588. 592. See also St. Louis vs. Liesslng. 190 Mo. 464, 491-492; St. Louis vs. Blppen, 100 S. W. (Sup. Ct.), 1048. The statement or Information Is sufficient If It charge the violation in the language of the ordinance: Louisiana vs. Anderson, 100 Mo. App. 341; St. Louis vs. Knox, 74 Mo. 79; Gallatin vs. Tarwater, 143 Mo. 40, 46; St. Louis vs. Woltzel, 130 Mo. 600, 612: Trenton vs. Devors. 70 Mo. App. S; or substantially so: De Soto vs. Brown. 4 4 Mo. App. 14S. But a statement referring to the whole revision of ordinances Is Insufficient, without specifically referring to the particular section violated: Kansas City vs. Whitman. 70 Mo. App. 630. 633. And a complaint Is Insufficient which refers to no particular ordinance, nor what the penalty Is. nor alleges such attendant circumstances as to advise the defendant of the cause of action: Memphis vs. O'Connor, 63 Mo. 468; Marshall vs. Stanard. 24 Mo. App. 192. It would seem that the statement must allege the offense to have been committed within the limits of the city: See same principle: State ex rel vs. Baker, 74 Mo. 394: Salis- bury vs. Patterson. 24 Mo. App. 169. And a statement is bad which Is so Indefi- nite that It might not operate as a bar to another action: St. Louis vs. Bab- cock. 156 Mo. 148, 153. Such proceedings may be. In fact to be effective must be, summary: Delaney vs. Police Court, 167 Mo. loc. clt. 078. If the statement charges several distinct offenses conjunctively In one count, and no motion to elect or to strike out Is made, a general conviction will be up- held if proper under any one of the offenses charged: St. Louis vs. Weltzel, 130 Mo. 600. 613; see also Gallatin vs. Tarwater, 143 Mo. 40, 47. And hence a motion to quash the whole. If any offense in any charge Is good, is treated like a general demurrer and must be overruled: St. Louis vs. Grafeman Dairy Co., 190 Mo. 492. An Information not signed by the proper person cannot thereafter be ratified and the proceeding must be dismissed: K. C. vs. Flanagan. 69 Mo. 22. There need not be any Information filed: Billings vs. Brown. 106 Mo. App. 240. Sec. 12S0. Suits— .statoiiu'iit in may 1k' anu'iuU'd.— Wheu any statement of the city attorney or report of the chief of jiolice or other duly aulliorize:li( r«»i- Irhil each (lay. — At the uppiiiiij; <>l tlu' i.oliie loiirl. oiuli dav. tlie marshal shall brill}; bt'l'orc tlii' court, lor trial, all pLMsoiis wliii may be in cuslody for violation of onliiianccs, and the calaboose-keepers shall, for this pur- pose, deliver lo the marshal all the jirisoners in their kee[)in};: provided, that no jjerson whose ease has been continued to a later day shall be re- (piired lo be so brou^ilit bcl'drc ilir iniiil. unless by order ol' llie police jus- tic«>. (.M. <'., see. iL'dT.) See. 1286. .Iiiry— of \\liat iiiiiulK'r t«» consist. — A jury be- fore the |iolice courts, shall consist of si.x ]>ersons, unless the jiarties af;ree to a less numbei-. or unless the state law reijuires a jury of twelve. (M. C, -sec. ll'lis. I But In tlu- ahsenco of nidlnance neltlier the fcdiTal nor stnto constitution guarantees the right to a trial by jur>" for violation of a more municipal police regulation: Delaney vs. Police Court. 1G7 Mo. 667; F.\ Parte Klburg. 10 Mo. App. 442. See note to sec. 1265. Hence If an ordinance giving a Jury trial requires a deposit for costs, defendant must comi>ly with such provision before he Is entitled to a Jury: Helaney vs. Police Court, supra. Defendant waives a Jury by submission <<< nu :iLrr..il siMi.nunt of fact: St. Charles vs. Ilackman, 133 Mo. 631 Sec. 1287. Jury — venire for, when to issue. — Upoii ii jury beinir demanded, the police justice shall issue his venire, returnable at the time the case may be set for trial, and if forthwith, the suit shall be put at the foot of the day's doi'kel, and the polices justice shall imiuediaely pro- ccH'd to try the next suit in order. iM. (".. sec. llJUit.) See. 128!S. .lury— proceetliiijjM wlien marshal disipialified. — When the marshal is of kin to the pro.secutor or dcleiidaiii In :uiy suit, or the defendiiut shall tile an atVidavit that the marshal is so ]irejudiced aj;ainsi him ihaf justice may not be done in the selection of a jury, the ptdice justice shall issue his venire to some disinterested person, who, be- fore e.xeciiiinj; the same, shall be sworn faithfully and impartially to execute it. and who shall, for its execution, receive the s:iiiie compensation as is allowed In constables for the same service in justice courts, i .M. ('., sec. 121(1.) See. r2S!(. .Iiiry — oal h «>i- atlirinat Ion to he adinistered. — .lurors shall Im' sworn or alfirmetl, to well and truly try the matter in issue and a li'iie \erdici render, accordinj; to the law and evidence. ( M. ('.. sec. 1211. t Sec 1290. Trials — when sei>arate had. — INisniis joint iy eharired shall have a .separate trial if they demand it before the trial be {^one into, or betore the jur\ be impaneled, i .M. i".. sec 1212. i S.-c. 12!)1. Trials — .iur> 1<» assess penalty. — If any jury lind the defendant ;;uilty, they shall assess the jienalty within the limits |ire- srribed li\ the ordinance, where the same is not specially tixed by ordinance ;it :i ;;i\en sum. i M. ( '.. sec l21o. ) Sec. 12!I2. rri;ilN — costs ass«»ssc(l on eon \ ict ion. -In every suit f convicted, the followiii}; costs shall accrue, and shall be collected from defendmit in like manner, with the tine imiiosed. to-wit : A 826 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 18. police justice's fee of seventy-five cents, a clerk's fee of fifty cents, a city at- torney's fee of one dollar, a marshal's fee of seventy-five cents, and a fee of fifty cents for everv witness and jiii-oi- clnimini; it. to he jiaid into the treas- ury. (M. C, sec. 1214.) See. 1293. Suits— when disnii.sstMl on payment of costs. — Whenever a defendant is proven guilty of a violation of ordinance, which violation is, in the judgment of the police justice, of a trivial nature, he may, at his discretion, dismiss defendant upon payment of costs. (M. C, sec! 1213.) Sec. 1294. Suits — costs on abatement of. — Whenever a de- fendant shall be brought before the justice court by summons, and it .shall be shown to the jjolice justice that since the filing of the complaint, the cause of complaint has been abated, the police justice may dismiss defend- ant on payment of costs. (M. C, sec. 121C.) Sec. 1295. Suits — costs of, wlien i>rose<*utor to pay. — When a defendant is acquitted, the informant or jjrosecutor may be ad- judged to pay the costs if it appear to the police justice that the prosecution was with malice or without i)robable cause, and in case any informant, pros- ecutor or jierson (other than a city officer), at who.se instance or upon whose information, any suit may be instituted by the city, shall neglect and fail to api)ear and prosecute the same, after being duly summoned, said in- formant or ])rosecutor shall be adjudged by the police justice to pay the costs that may have accrued in the case so reported. (M. C, sec. 1217.) Sec. 1296. Suits —officers as witnesses, requirement Officers shall attend as witnes.ses against persons whom they have arrested without being summoned, and if they fail to appear at the time of trial, thev mav be attached and punished for contempt, as witness summoned. (M! C, sec. 1218.) Sec. 1297. Witnesses — fees of. — All witnesses and jurors (city officers and prosecutors excepted), duly summoned in any suit before a po- lice justice, and attending at the trial, shall be entitled to fifty cents for each day's attendance; but they shall not charge for attendance in more than one suit on the same day, and every witness or juror shall be deemed dulv summoned, who is sworn to serve or testifv in any case. (M. C, sec. 1219.) R. S., 1899, provlde-s that no officer, appointee or employee holding a state, county, township or municipal office, Including police officers and policemen, etc., is allowed any witness fee for testifying before a coroner, grand jury or in any criminal case. See note to Charter Art. III., sec. 26, clause 8. as to right of of- ficers to witness fees. See. 1298. Witnesses — fees of — claim for and payment. — Whenever a witness is entitled to and claims his fees for attendance at any police court, the clerk of said court shall give him a certificate of the amount due him, stating name of defendant and witness, with the date of the trial, and the marshal shall, on the presentation of the said certificate to him, pay the same from any moneys in his jiossession belonging to the city; when the city fails to sustain the charge, and otherwise ju-ovided, the same has been collected from the defendant, and shall at the end of every month, file every such certificate M'ith the auditor, who shall allow the same in settle- ment of the marshal's accounts. (M. C sec. 1220.) AHT. I] OF roi.icn rOl'RTS of first and SKCONP DlSTRinTS, 827 Sec. lUSH). Suits — f<»iiliiMiaiU'(>s, wIumi ^raiitt'*!. — Whcncvt'r a siiii is first i-alli-d up I'm- ti-i;il, if oitlier iiarl\' Ih' iiol I'cad.v owiiij; to the absence iif witnesses material tn the case, a coniiniiaiice sliall he f;i'anled l)y tlie police justice lor one day, on the application of the party desiring it. ir a continuance is wanted hy either party for a louficr time, the party niakinj; application may he reipiired to state under oath the materiality of such witness, and his name, residence, and occupation, if known, where- upon a continuance may he j;ranted for a period not exceediu*; ten days; if ujion the calliurove by him. and what nutans have been used to pro- cure his attendance; if sidficient cause be shown, in the judgment of the police justice, he shall grant a further continuance, not exceeding thirty days; provided, that if the defendant be in custody, and unable to give hail, no continuance shall be granted in behalf of the city for a longer time than forty-eight hours (except when Sunday shall intervene), nor shall a seciuid continuance lie granted in its behalf, unless the defendant be ad- mitted to bail, but the i)olice justice may admit him to' bail on his own rec- ognizance, in like manner as if he gave security, in which case a further con- tinuance, not exctt'ding thirtv davs, mav be granted in behalf of the citv. IM. C, sec. 1221.1 S' I-. i:u)i>. Siiit-^ roiiliiiiiiiiKTs. :i|>|)licat ion for, wlion fo li«' iiiadt' — motion's loi- «lisinis>al, «>t<'. AH apidicatioiis for coniinu an<-e shall he made, either at the opening of the court in the morning of the day on which the ca.se is .set for ti'ial, or when the suit is called for trial, and at no other time, unless by permission of the jiolice justice; an In- road in ovidonci'. Depositions taken in conformity to the laws of the state may be read in evidence on behalf of the defendant before a police justice, in any case where the witness is dead, or by reason of sickne.ss. old age, or bodily in lirmity. or ab.seiice from the i-ity, is unable or cannot safely attend to the trial; provided, that such absence is without collusion of the party offering the deposition. (M. C, sec. 122.'{.) Sec. 1302. -Notifos — to Itc .s(>r\ rN(iii(\ — \\ Imii poll«"»' jiisticr nia\ appoint. — In thf absciut- ol the city attorney or assistant city altctrney, whiii any suit in which th(> city is plaintitT is about to be tried, the police justiic may. if he deems it necessary, appoint some one to jirosecute on be- Irilf of the city, who shall, during the time he is so acting, posse.ss nil the power vested in the city attorney. tM. C, sec. 1225.) 828 RE^■ISED CODE OR GENERAL ORDINANCES. [CHAP. IS. Sec. 1304. Affidavits for city, by wlioiii to be made — When au affidavit upon the part of tlie city shall be required in any cause which has originated in a police court, it shall be made by the city attorney or assistant city attorney, or in case of their inability, by any person to whom the facts are known. (M. C, sec. 122fi.) Sec. 1305. Appeals— jurisdiction of. — An apjieal .shall lie from the judgment of a police justice to the St. Louis Court of Criminal Correc- tion in all cases in like manner as provided by law for appeals from jus- tices of the peace in criminal cases. (M. C, sec. 1227.) Appeals. — At the session of 1907 (Session Laws 1907. p. 91). the legi.slatur«. regulated the manner of appeal, and provided for the giving: of bond, and for fines, and the effect of the appeal and failure on appeal to pay costs, it convicted, etc. See also act of 1873, p. 3oS. R. S., 1899. p. 2547 (as set out in Laws Spec. Applicable to St. Louis, sec. 137). Under the Charter appeals from police courts are to be taken "in like manner as provided by law for appeals from justices of the peace in criminal case.s to their appellate courts," etc. Charter, Art. IV., sec. 25; and see also Laws 1907. p. 91. In such cases appeals are allowed if the defendant shall, "immediately after the judgment is rendered file an affidavit stating," etc. R. S., 1899. sec. 2782. The affidavit should be flled on the same day unless satisfac- tory cause appear; the word "immediately" ineans "within such convenient time as is requisite for doing the thing": St. Louis vs. Gunning, 138 Mo. 347. The Charter gives right of appeal from the police court to the court of criminal correction where a trial denovo is had. as in cases of appeal from justices' courts: St, Louis vs. Pahl. 114 Mo. 32 (holding also that an appeal from C. C. C. only matters to which exception was there taken can be reviewed). The prosecution in the police court sufficiently resembles a criminal proceeding to make the natural channel for such case to go through the criminal court and not the circuit court, to reach its ultimate ap- pellate destination: Douglas vs. K. C, 147 Mo. 428, 436. When the record shows nothing to the contrary, it will be presumed that an appeal from an inferior court was taken within the time allowed by law: Kansas City vs. Clark. SS Mo. 588. The voluntary appearance in the appellate court does not confer jurisdiction if the appeal was not taken in statutory time: St. Louis vs. Gunning, 138 Mo. 347 (holding that tin- law in force when the appeal is taken governs). Appeal from C. O. C. should be to Supreme court: St. Louis vs. Coffee. 70 Mo. App. 318; see also St. Louis vs. Pahl, supra; see not^s to laws relating Court Criminal Correction in "Laws Applicable to St. Louis." sees. 102-139. being au(r pages 97 to 139 Sec. 1306. Appeals — by city. — The city attorney, or person prose- cuting in his stead, may. with the consent of the comptroller, take ap])eal on behalf of the city from the judgment of a jtolice justice, but the next fore- going section shall not be construed so as to recjuire of the city any bond or affidavit when the city is the j)arty appellant. (M. C, sec. 122S. ) The city has the right to appeal from the police court: Charter. .\rt. IV., sec, 25; St. Charles vs. Hackman, 133 Mo. 634. 640; Kirkwood vs. Autenreith, 11 Mo. App. 515. But from the Court of Criminal Correction the case must be n-- viewed by the city by writ of error not appeal, tliough the defendant might ap- peal: St. Louis vs. Marchal. 99 Mo. 473. .Vs to Court of Criminal Correction, see notes to "Laws Spec. Appl. to St. Louis", Chap 5, Art. IV.. sees 102-139. Sec. 1307. Executions — wlien issued, form of. — Upon the ren- dition of any judgment by a jiolice justice im]iosing a fine or penalty, if the defendant does not immediately jiay the same with all the costs accruing thei-eou. Ilie police justice shall forthwith cause execution to he issued ;ig;iiiisi (lerendant for the amount of such fine or (teiialty and costs, in the following form as near as may be: "The State of Missouri to the marshal of the City of St. Louis, greeting: Whereas, the City of St. Louis hath ob- tained judgment before the undersigned, a police justice of the City of St. Louis, against . for the violation of an ordinance of said city, for the sum of dollars, together with all costs in this behalf: these are, there- AUT. 1.1 • OF POLICE UDUUTS OK FIRST AND .SECOND DISTUICTS. 829 fore, to comuiaiid vmi to levy tlie said dflii ainl ro.si.s of tlic jioods and chat- tel.s of .said defendant williin tlie Citv of Si. l>ouis. and expose llie same for sale agreeably to law, and for want of sutl'ieient iiroperly whereupon to levy said debt and costs, yoti arc hereby eonunanded to take the body of said defendant into your custody and convey said defendant (o the Work- house of the City of St. Louis; the keeper whereof is hereby coninianded to receive said defendant, and said d(>fendaiil safely keeji until Ihe said debt and costs shall have been ])aid by said defenilant's lalior aci'ordinj; to the laws of the State of Missaying the same in money, or by discovering to the marshal sufficient goods or chattels, the ]U-operty of said defendant, whereupon to levy said execution, for debt and costs, the marshal shall with- out delay deliver the prisoner to the person appointed to convey jyisoners to the Workhouse. iJI. C, sec. 1230.) For authorities that the constitutional guarantL-u against Imprisonment for debt does not apply to police court penalties (or violating: ordinances, see note to sec. 1263. Defendant cannot object that execution was not Issued forthwith, where he himself occasions the delay; and a strict compliance that execution Issue forth- with Is not essential; Ex I'artc Tliamm. 10 Mo. App. .'iS.i. The clerk of the Follof Court may Issue the execution upon Judgments In his court: Rx Parte Kl- burg, 10 Mo. App. 442. The police Judge may stay an execution or grant a re- prieve: Ex Parte Burns, 10 Mo. App. 563; Ex Parte HIgglns. 14 Mo. App. 601. And Chart., Art. IV. sec. 16. confers on the Mayor authority to remit fines, forfeitures and penalties duly imposed for violation of any ordinance; and as to the Mayor's power under ordinances, see R. C, sec. 1497. and note. Sec. 1.309. ApiXNils, l)y |)arli('s coiiiiiiittiMl — i»r«M'«Mlnro. — Any defendant who shall h;i\r been si-nl lu ihc \\ iirklninsc li\ :iiilliiirhy of the preceding section, and wishing to apjieal from the judgment of the police justice under tlie provisions of section li{(l."i, shall, on ajiplication made to the jiolice justice of the court in which his case was heard, be brought be- fore the satd Jiolice court, at the next sitting thereof after such ajiplication, and to this end the jxdii-e jnstirc shall ••aiisc ;iii order to be issiiccl iijioii the suiierinteiidciit of the workhouse to deliver siiid defi'iidant to the marshal, and the mai'slwil shall jircseiu saiil order to saiil suiieriiiiendent. who ihere- ujion shall deliver the body of said defendant to the marshal, who shall ju'o- duce the said defendant before said [lolice court ;U its tirst sitting there- after. rM. C. sec. 1231.) .|)(':ils — (|<-r<>n(liiiit may «I«'|)osil fiiu' mimI co.sts, |>4>iiply to any report, complaint or information made by any officer of the city, in the discharge of his duty. (M. C, sec. 1233.) See. 1312. Contempts— power of justice t<) punisli.— Each police justice shall have power to punish all persons guilty of a contempt of his court by a fine of not more than one hundred dollars or by imprison- ment in the calaboose of the city, or the St. Louis city jail, for a term not to exceed twenty-four hours, or by both such fine and imprisonment, and he may commit such person until such fine be paid and the judgment of the court be satisfied, not exceeding ten days; provided, however, that every warrant of commitment shall set forth, specifically, the facts constituting the contempt. (M. C, sec. 1234.) St-c. 1313. Costs— from city, how collected. — The auditor shall audit and allow all accounts for costs, which shall have accrued in suits before the police justices or suits ai)iiealed from the police court to the Court of Criminal Correction, and for which the city shall have become llalilc by reason of judgment against it by the police justice or judge of the Court of (^i-iminal Correction, as the ca.se may be: provided, that such ac counts duly certified as correct by the clerk of the projier police court or the clerk of ilic Court of Criminal Correction, as the case may be; and tin- auditor shall thereupon draw his warrant Iherefor upon the treasurer, jviy able out of tlie appro]>riation for ex])euscs. i .M. ('., sec. 123.").) Sec. 1314. State laws — when to govern. — The police justices and marshal in all matters pertaining to the duties of their respective offices, concerning which there is no specific provision by ordinance, shall be governed by the laws of the State of Missouri regulating proceedings in justices' courts and the duties of justices of the peace and constables, as far as the same may be ajiplicable. (M. C, sec. 1236.) See note to sec. 1265. This section authorizes a change of venue: see In re Jones, 90 Mo. App. 31S, 323. Sec. 1315. Marshal— special daily report by — The marshal shall make daily, for the information and use of the mayor, a special report of the i)roceedings of each police court, in which he shall enter the names of every person fined, in the order in which their names appear on the docket of tlie police justice, the date of trial, the violation or oft'ense alleged and the judgment rendered, which report shall be carefully compai'ed with the docket of the police-court, at the adjournment of the police court, and when so compai'ed shall be signed by said nmrshal and iiiimediatel3" forwarded to the mayor. (M. C, sec 1237.) AUT. II.) OF POLICE COURT SOUTH OF ARSENAL STREET. (j31 Sfc. 131(}. Prisoners — duty <»f marshal ♦•oncorniiiH:. — It shall bo till' duty of tlif tuai'.sluil cacli day alter tlie se.ssiuii of tlic jiolice courts to di'livor eacli and cviM-y prisoiifr toiivictod and .sciileiu'ed liy cillior of said courts to tlic t>tl'icer d('sijj;natcd and appoiiiled lo suiicriiitcud ilic couvcy- anct> of .said ]>rison('i-s to tlu' wovkliouso or el.scw licrc, in accordance with (lie jiid;;m»'nt of tlie court, tojiotlier with the orijiiiial execution or a true cojiy of tlie same, aud said olficer, having in charj^e llie prisoners as afore- said, shall deliver said prisoners with a true copy of the execution against each party sentenced and convicted to the suj)erintendent of the workhouse, or other jtroper jierson designated, taking iiis receipt for eacii and every person dclivei-ed to liini. wliicii shall he indorsed upon the original execu- tion, and which shall tie returned to the marshal at his otl'ice. ( M. C. sec. Sec. 1317. Sa la rics. — Each uC ihc iiolicc jiisiices siiall receive a salai'v of twenty-liv(» hundred dollars |per anniini. and the clerks of said courts shall receive each a salary of twelve hundred dollars per annum, payable monthly. iM. C sec. 12:!!).^ AKTlCLi; 11. OP POLICE COURT SOUTH OF ARSENAL STREET. Sec. 1318. Jurisdiction — appoint nuMif, salary oljustife. — All cases of misdemeanor under the charter and ordinances of the City of St. Louis, arising within its jurisdiction, lying south of the north line of Ar- senal street, shall he tried before a justice of the jieace of the City of St. l.i'uis. to he designated by the mayor and approved by the council. Also all cases of misdemeanor, arising anywhere else within the jurisdiction of the City of St. Louis, and transferred by change of venue or on motion of the tirst and second district police courts, to said justices of the jieace as afore- said, shall likewise be tried before said justice of the peace. The said just- ice shall receive as full conipen.sation feu- his services the sum of seventy-five dollars jier month out of the city treasury. (M. C. sec. 1240.) Under Charter. Art. IV. sec. 27. the Municipal Assembly may Increase the number of Justices and districts. See as to Police Court South of Arsenal street. In r.' Jcni.s. 90 Mo. .\pp. 31SI. Sec. KU!). ("l«>rk — appointment of — bond — salary. — Thi' mayor shall appoint a clerk who shall |ierform all the duties required under the rliarter and ordinances of ihe city to be performed by the clerks of the police courts, so far as the same may be applicable, and the clerk shall give bond to the City of St. Louis to be ajijiroved by the mayor, in the sum of one thousand dollars, with two good and .sulTicieni sureties, owners of unin- cumbered real estate, conditioned for the faithful jierformance of his duties. lie shall receive a salary of .seventy-live dnllars per month, jiayable out of the city treasury. (M. ('.. sec. r_'-ll.i .S.-.-. i;!2i>. Attorney —appoint nu'nt of — salary. — The mayor shall apjioint an allorni'.x. «liii >liall lia\e the same pnweis and pos.sess the same c|ualiii(alions as Ihe city attorney, to jirosecute. on liehaK of the city, all cases iK'fore said justice, and all appeals from said court to any court liav- ing ap[>ellate jurisdiction of the same. He shall receive a salary of seventy- five dollars |>er month. j>ayable out of the city treasury. (M. C. sec. 1242.) 832 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 13. Sec. 1321. Marshal— 1») execute writ. — The city uuu-.shal shall execute all writs and ])i-(ir('sscs of said court. (M. O., see. 1243.) vSec. 1322. Court — where held. — The place of holding' said court shall be at the tirst district police station, or at such other places as shall be designated by the mayor. (M. C, sec. 1244.) See. 1323. Practice and proceedings — changes of venue — appeals, etc. —The time oi holding court and the i)ractiee and iiroceed- ings before said justice, shall be the same as that governing the police courts of the city. Changes of venue shall be had and allowed to and from said justices of the peace, to or from the First or Second District Police ("ourts of the city, as the case may be, in like manner and form as is now jirovided for by law from changes of venue between said First and Second I)istrict Police Courts. Said justice of the peace may also, on his own motion, transfer any cause i)en(ling before liini to either the First or Sec- ond District Police Courts, and sliall have power and jurisdiction in all cases which may likewise be transferred to him by the police justice of either said First or Second District Police Courts. Appeals from all judg- ments rendei-ed by said justice may be had to the court in like manner and form and according to the same practice which is now provided by law for appeals from judgments of the First and Second District Police Courts. In all other respects the procedure, practice, rules and regulations govei'uing the practice in cases liefore the Fii'st or Second District Police Courts shall likewise be had and observed in the trial and procedure in cases before said justice. (Ord. 212JI2. amending ^I. C, sec. 124-5.) See In re Jones, 90 Mo. -Vpp. 31 S. ARTICLE III. OF JUSTICES OF THE PEACE.' . •Justices of the Peace and Constables are governed by the State statutes: See R. S. 1S99, sees. 6508-6536, set out, with notes, herein under "Laws Specially Ap- plicable to St. Louis." Chap. 5. Art. 6, (sees. 173-202, pages 114-117), which should be consulted in connection with these ordinances. Sec. 1324. Suitable office to l)e provided — It shall be the duty of the mayor, comptroller and city counselor to locate and provide suitable offices and rooms for the several justices of the peace, their clerks and con- stables, in the City of St. Louis. (M. C, sec. 12.50.) S c. 1825. Form, etc., of records, etc., to be prescribed. ■ — It shall be the duty of the city c(mnselor to prescribe the form, size and style of all books of record, dockets and blanks required to be kept by the several justices of the peace, their clerks and constables, (M. C, sec, 1251,) Sec. 1326. Requisitions for supplies. — All requisitions for supplies of whatever kind, whelher re(]uired by a justice of the peace, clerk or con- stable, shall be subiuilted to the comptroller for his ai>i)roval before either the commissionei- of supplies or register shall be authorized to ]>urchase the same; provided, however, that if said sup])lies are in tJie nature of ])rint- ing and binding, the same shall be submitted to the city counselor for his in- s])ection, in order that he may determine as to the correctness of form, size anil style. (M. ('.. sec. 1252.)"^ AHT. IV 1 OF MARSHAL.. 833 Sec. 1327. Iiis|M'<'tu>n <»f books of ju.stici's, and (-(niMtablcs. --TI10 coniiilrnlliM- shall, oiict' cafli iiidiiiIi. tluii'((ii;;lily in.spcct and examine tlic Ixxiks of aci'onnis nl' tlii' several just lees v( the (leace, elerks and eiin- slai)les (>r the ("it.v of St. I.ouis. and \-ei'il'_v tlie same: atid lie shall jireserihe tile I'Drm iil' all fiscal statement.s reiiiiired tt) i)e rendered l)\ tlieiii tindei' the law. I .M. C. see. 1253.) Ser. i:iL's. Ollic*- cxpeusos to l>«- i>ai«l. -The e(ini|(trollei- is iierehy aulhori/.ed tt) |iay all e.vjxMises neees.sarily inrnrred by the justices of the peace and constables in connection with their ol'lices from the time they qualitied under the present law. provided lie is satisfied that such ex penses were necessary and the amount lliei'eof reasonaI)le. f M. C., .sec. 12."'>4.) AIM'ICI.I; l\'. OF ilAlJSlIAL. See. 1329. Marslial — i»o\v<'r and authority. — The marshal shall have and e.xerci.se all the power and authority which by law ••ind urdinance \\cre heretofoi'e vested ill the marshals of St. l.,ouis county and the <'ily of St, l,ouis at the time of the separation of St, Louis county from the City of .{ said cf)unty and citv bv law and ordinance, (M, C. see. 12."i."),) Sec. 1330, Hond. The marshal shall, within ten days after he shall ha\e received his curnmission, f;ive a bond to the City of St, I^ouis, in the sum of fen thousand dollars, si-^iied by two or more securities, who shall Ik' owners of uniiirumbereL C,, sec, 125(j,) ." peace, under any law or ordinance; he shall keeji a detailed .-iccounl of the recei]ils of all money collected by or in his oftice, and of all deliiKpiencies, and shall report all receipts ami delini|Ueuts inonthly, to the conii>troller ; except in cases of jiolice courts he shall make daily statements and returns at two p. ui. of all lines imjiospd tines collected, lines riMiiilled. also all costs jiaid in each case to the comp troller, and at the same time pay all fees received by him into the treasui-y. takin"; receipt of the ti-easurer therefor in triplicate, one of which he shall nil' with the com|>i roller, and one with the amlilor. i M. (",, sec, 1257.) Outlos: Soc Scheme, sees. 18. 6: Charter, .Art. IV. si'c. .11. Sec, l.i.VJ, >lar>lial (l<|nili<"> to Ix- M|>|M»int<'d l).\. -The marshal shall, with (he ap|>ro\al of the ma\or, appoint one chief ood behavior, hut may he removed for cause by the mayor and by the marshal at his jdeasure. i M. (".. sec. 1258.) Sec. i;:!;:!:3. Salaries. — The salary of the marshal shall be four thou- sand dollars per annum, the salary of the chief deputy shall be sixteen hundred dollars per annum and of the deputy of the first class fourteen hundred dollars per annum. The salary of each of the deputies of the second class shall be twelve hundred dollars per annum, and the salary of each of the deputies of the third class shall be at the rate of nine hundred dollars per annum, all payable monthly, and he shall pay to such other assistants as he may require from time to time such daily compensation as may be just, to be apjiroved by the mayor. (M. C, sec. 1259.) ARTICLE Y. OF JURY COMMISSIONER. Sec. 1334 Jury coniinissioner — salary of — office — ^vhe^e located, etc. — The jury commissioner of the (_'ity of St. Louis, appointed in j)ursuance of an act of the general assembly of the State of Missouri en- titled "An act to provide a jury system in cities having over one hundred thou.sand inhabitants," apju-oved April eleventh, eighteen hundred seventy- nine, shall receive from the city treasury out of any money ajijirojiriated therefor by the municipal as.semlily, a salar\- of twenty-five hiiiidreil dol- lars ]ier annum, ])ayable in e(iual monthly installments, at the end of each month; and he shall occupy a room in the cotirt hou.se to be designated by the mayor, and upon his requisition, approved by the mayor and comjt- troller, shall be furnished with the necessary fuel, stationery, books and furniture for the proper discharge of his duties under said act: and the deiiuties apjiointed by said jury commissioner in the manner pi-escribed in said act, shall draw their salaries not in excess of the ajijiroiiriation made for that ])ur]iose, for the periods during which they are employed in monthly installments out of any moneys so a](])ropriated. ui)on pay-rolls, which shall be certified by the jury commissioner and approved Ijy the mayor; pro- vided, that the jury commissiouer shall devote his entire time in the dis- charge of the duties of his office, and shall not employ any dejiuties or as- sistants or incur any liability whatever, not ]irovided foi' bv apjiropriatioii- (^L C, sec. ll'fiO. I As to jury commissioner, see State statute R. S. 1S99. .sees. 6539 et seq. set out herein under "Laws Specially Applicable to St. Louis" (Chap. 5, Art. V), sees. 140 and following, being anU. page lOG el seg. The jury commissioner of St. Louis is neither a county, township nor city officer within the meaning of the Constitution, and a statute authorizing his appointment for a period exceeding four years, under certain circumstances, would not be unconstitutional: See state ex rel. vs. Corcoran (decided Sup Ct.. July 2. 1907. but not as yet reported). ARTICLE VI OF COM1'EXS.\T10N OK JI'RORS. Sec. i;;."!.". Jurors — pay of. — Each grand and jietil juror on the regular jiaiK^l of the Circuit Court and the Criminal ('oiirt nl' the city, shall ARTS. VII. VIII. I.) OF THR CITY ATTORNICV. g35 receive one ome into his hamls, and the assistant city attorney shall give a similar bond in the sum of five Ihousaiid dollars. (M. C.. sec. 1268.) Sec. 1343. Associate city attorney — duties — control of. — The office of asscniate city attorney is hereby created. The associate city attorn<'y shall ju'rlorm the same functions and duties as the city attorney and be subject to the control and direction of the said city attorney. (Ord. 21651. sec' 1.) Ord. 21C51. sec. r.. repeals Mun. Code. sees. 1269. 1270. 1271. AKT. II.] OK T1II-: CITY COUNSELOR. 837 Sfc. 1344. Sanio — appoint lueiit — term.— TIp' associate city attorney sliall Ih' aiiimiiitfd U\ ilic iiia.vor and rDiitirnicd l)y the cilv (•oiiii- I'il. and sliall hold his ol'lirc uiiiil llic cxpiraliuii of the terui for which the city attorhey is then apiMiinicMJ. i Ih., sec. 2.) Sec. VMTt. Salary of asso<'late city attorney. — Tin- associate city attorney shall receive a salary ol' til'ieeii Inindrcd dollars \>i-v annniii. payable moll I lily. I lb., sec. ."{. ) Sec. 134(;. Itoiul. The associate city attorney shall f^ive bond to the City of St. l^onis lor ilic faithful discharge of his duties, in the sum of live thousand ddllars. with at least two j^ood and siiflicicnt sureties, owners of uiiiiirniiiliered real estatt' in the ("ily of St. IaiuIs, to be apjiroved by the nia\or and council. I /6., sec. 4.) Sec. 1347. City attorney or assistant niay ap])oint suhstitnte, wlien — sliall not appear aj^ainst eity The city attorney may, in la.-ic of iciniiiirar_\ ai).--cii(c from Ilie cily. siikiiess, or inability to attend any court, al hiis t)Wii expense, with the ajiprobation of the mayor, ajipoint some person to act in his stead for the occasion, in city cases, and when either, before assuminjj liis office, shall have been retained as counsel ad- versely to tlie city in any case to which it is his.duty to attend on behalf of the city, he shall inforin the mayor thereof, who may appoint another |iei'S(in to represent the city in sucli case. The city attorney shall not appear aj;ainst the city in any suit or ca.se in court to which said city is a party, nor shall be voluntarily interested, either directly or indirectly, in aiiy case nr suit a};ainsi the said lity. The jirovisious of this section shall also ap- ply to the assistant cily attorney. (M. C, sec. 1272.) ' ART1CLI-: II. UF TlIK CITY C0VN.SI:L0U.* •Charter provisions as to rights, duties, etc., see Art. IV. sot. 33. in general; also Sfi' .\rt. VI. sees. 2. 3 (as to condemnation proieedhiBS) ; acts as land com- missioner: Art. XVI, sec. 4: advise Police Board: Art. XVI, sec. 15; annual re- port. Art. IV. sec. 47; appointment and term: Art. IV. sees. 2, 9. Spoal()ssi'ss llic saiiu' (iiialilical ions as liic liiy coniiscloi-.* I.M. < '., sec. IIJTT.i S.I-. l.}").}. IJoiul of associato city cjniiisclor. — The !iss()<'iiitc city loiiiisflor shall i;i\c Im>ih1 lur ihc failjiful (lis(liari;c of his (iuties in tlic sum of live lhnnsaii(i tloliars. with at least two aovd and sufficient sureties, owners of nniiiiiimhei'eil real estate in the ("ily of Si. I.ouis. to he aiiprovcd l>\ the iTiayor ami council. ( M. ('., sec. lliTS. ) See. 1354. Oflico of seroinl asM |>ointmenl to he i lade on the tenth day o( December. ei};hteeii hundred and ninety seven, and to l>e for a term eiidiiif: on the first Tiu-sday in .Vju-il eifjhteeii liundi'ed and niii»-ty-nine. and until his successor is a|)|ioinled and (lualitit-d and thereafter the appoiutment to be couteiiiiHtraueous and for a like term as that of the city counselor. ( .M. (".. sec. ll'T'.t.) Sec. 13.').'). (jiialilicatioiis of sjm-oiuI as.sociato rity .^ See. 1365. Salary of assistant.* — The assistant city counselor shall receive a salary of twenty-five hundred dollars per annum, payable month- ly, provided, howevei-. that this shall not ai)ply to the present incumbent of the office of assistant city counselor during his jireseut term, who shall receive a salary of eighteen hundred dollai-s per annum, jiayahh' moniliiy.* (Ord. 20757, amending il. ('., sec. 12!t(l.( Sec. 1366. Salary of chief clerk and clerk— expense money of clerk. —The chief clerk shall receive a salary of one hundred and fifty dollars per month; the clerk shall receive a salary of one hundred dollars per month and twenty-five dollars jjer month for expenses in the discharge of duties that may be assigned to him: said salary and said expense money shall be paid monthly.* (Ord. 207.")7, amending M. C. sec. 12i)l.l •Amended by ordinance No. 23038, enacted shortly after Revised Code; see pp. S37-S38. note to lieadingr of this article (II). where the amendments are given. The ordinance is set out in full in the appendix to Rev. Code. AUT. II. 1 OF THK CITY COUNSELOR. 841 Sec. i;{67. Salary of steiuiffrapluT.'— The stciiot^raiilur sliall re- reive a salai-v of one Immlrcil ildlhiis \>fv iiiniiili, [lavMlilc inoiiilil.\ .* i M. C, set-. V2'.r2'.\ See. 136S. Duties of c-ity rouiiMelor. — In adtlitioii to the duties ipiestrilieil in seitioii iliiitv two of ariiile t'inir of the Cliarter it shall lie the ilnlv of the citv tuuiiseloi- : I'iist, to initiate and iiroscciile in the cir- riiit eimrt all proceeilinjis lor the appropriation and expropriation ol' |ii-i,- \ale pidperlv. lor opeiiinj;. widening or alteriii-i anv stieel, avciine. wliai'f. luaikei plan- or puhlie sipiare. or loiile lor a sewer or water jiipe. as jn-e- scriliiil :iimI leijuired in article six of the eliarter; seeond, to do and perform anv act ne<-essai\v to lie done in tiie iirosecntioii of proc(M'din};s for street openinj;s (■oniineiiced liefore the land coniniissionc r, ami |i(iidiiiji al Ilie time the charier liecame operative, and conduct liie same as provided in section four, article sixteen of the charter; third, to furnish to the hoard of politic commissioners, health commissioner and hoard of health, all lejial advice and .service desired bv them respectivelv ; fourth, to take charfie. pro.secnio or defend, as the ease may be, all suits pendinji for or against the county of St. Louis as heretofore established and which tiie county coun.selor had in hand and in which the city is interested; tiflh. to kceji a record of all le-zal oiiinions officially j;iven by him. in writinj;. with the reipiest there- for, and an imU'X thereto, and an aicount book showiufi all claims jilaced in his hands for collection, all moneys received by him on account of th'i city, and all payments to the city treasury, within twenty-four hours after its receipt by him. for which triplicate receipts shall he taken, (me of which, sliall he tiled in the auditor's office. ,iii(l one in the comptroller's office; sixth, to keep a book or docket in whi(li lie shall ciiicr an alisirari ol' all suits iiendinji in favor of or a<;aiiist the city, in lalnilar form, sulisianiially as follows: Names of parlies; suits, when hrouj;ht ; in whal coiii't ; nature of action; names of witnes.scs; ]iroofs, etc.. for the city; amount of .judg- ment; date of judgment; date of e.xecution ; remarks, etc.; which book or docket shall be delivered by him to his successor in office; seventh, to prose- cute an ajipeal or writ of error in any case in which the city is concerned ;uid make proper affidavits thereof when so directed liy the comptroller. I -M. C. sec. V20:i.) Sec. i:56i). Duty to pa.sH ou form of immhIiii}; hills. — When- ever any committee of either house of the municipal assembly, oi- any mem- ber of either of said houses, shall submit to the city counselor or lo ihe as- sociate city counselor a copy of any bill pending in either of said houses, or a draft of any ]iro| oscd ordinamc about tro- ceedings for the opening of any street or alley when re(|uired so to do by the city counselor, and he sliall also ]ierform such other duties as may be re- quired by the city counselor or ordiuauces.* (il. ('., sec. 1297. j Sec. 1378. Commissioners in street openinjifs to meet in office of city counselor. — The commissioners in all jtroceedings for opening of any street or alley shall hold their sessions at the office of the city counselor and each adjournment shall be to a day certain which shall be noted on the record and the case set upou the session docket for that day aud such session docket shall be oj)en to the inspection of the jjublic. i M. v.. sec. 1298. | Se(^. 1374. AVhen and how special counsel may be employed — how compensation fixed. — In case of the disaliility or inability only of the city counselor to act in the jjerformance of his duty, special couusel may be em])loyed; ])rovided, however, that no special attorney or attorneys shall be em])loyed in such case at the expense of the city, except by the mayor, who, when the council is in session, shall report to it in writing the facts showing the necessity for such emidoyment, aud the name or names, and the exact compensation to be paid to such attorney or attorneys, and recommend their retainer, when, if the council shall approve of such recom- mendation by a vote of the majority of all the members elect to said council, upon a call of tlie yeas and navs, then, and in such case, the mayor shall have jiower to contract with such attorney or attorneys )i|)on the terms and conditions ajiproved by the council; but when the council is not in session, then, ill case of emergency, the mayor may act without the approval of the council. ]irovided. however, that the city coun.selor, with the approval of the mayor, may engage local counsel to assist him in the trial cases in nisi jirius courts outside the City of St. Louis, where the city is a party to the suit, •Amended by ordinance No. 23038, enacted sliortly after Revised Code: see pp. S.IT-SSS. note to lieading of tliis article (II). where tlie amendment.s are given. Tile oi-(linance i.s set out in full iu tlu' .-ipixuidix to Rev. Code. AKT. I] OF MINICIPAI. ASSEMBLY. 843 al a ffo not cxcwdiiij; lilly dollars, to lie paid out nl I lie liiiid t'or cttsls and Icual cxiiciisi's. lOrd. :.'ll,><(;;{, aiiifiidiiij; M. < '.. sec. iLMi'.l.i In llie absence of authority oonterreU on the mayor he cannot i-iuploy an nttornt-y so as to bind the city for his conipi-nsatlon: Carroll vs. St. Louis, 12 Mo. •IH. Sec. 1375. .Vdtlilioiial .H(t>iu»fjr;n»her — comiH'Usalioii. — In addi tioii to tilt' (MMployt's Iktimii incutioiicd, ilic city coiinst'lor may, when in his opinion tlu' fiticicnt workinj; of the department rel»»irat<'s. — An election shall lie held on the lirsi Tuesday in April, ciuliifcii luiiidred and ei!j;hty-seveu, and every two years tliereafler, and at said election the house of delej;ates. ioiisisting of one iiieniher from each ward, shall be chosen by the (lualitied voters of each ward, for the term of two years from the day of election. i.M. (\. sec. 131)0.) Sec. 1377. Elrrtioii.s to coiim-il. — .\t the election to be held as aforesaid, npon the tirsi Tuesday in .V[)ril. eij;hteen hundred and eif,'hty- seven. six members of the council shall be elected on a general ticket by the i|ualitied voters of the city, whose term of ofliie shall continue lor four .\ears rroiii the day of election, and at the election to be held every two years t hereafter, members of the council shall, in like manner, be elected to suc- ceed those whose terms expire, for the term of foiii- years from the day of election, i M. C, sec. 1301.) Sec. 137S. < i»iiiiMn^:i( iiul)l,v. — Each mem- ber of the munieipal assembly shall receive I'oi- his ofllcial services of every kind, annnally. durin<; his term of oflice, the sum proved by the house of which he is a member. Whenevei- a member of the iiinnieipal assembly is ab.sent •As to t ; .; :spectlng thp .M . ' mbly organization, • lection of councllmen. delegates, etc.. see Chart.. Art. HI. sees. 1 to U and notes appended thereto. See also as to legislative functions of the assembly, and under what conditions the courts may Interfere, note to Charter. Art. III. sec. '.'S; and that the acta of the assembly must he In harmony with the I.aws and Constitu- tion; note Introductory to charier p. 'J90. 844 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 1». witliout leave from liis house first obtaiued therefor, for an entire sitting of any meeting, he shall forfeit one dollar of his official coniiiensation, and the secretary or clerk of the respective houses (as the case may be), shall re])ort to the auditor at the close of each meeting,. if said auditor's office be open, otherwise on the day following such meeting, the amount of forfeit- ure iiicurreil as aforesaid, i M. C, sec. i;{t)2.) Compensation is fi.xed at $300 by cliarter: Chart.. Art. III. sec. 14. For this reason orrepare copies of all resolutions and transmit them to the jiarties therein designated. Fifth. To keej) in tabular form a synopsis of the proeeedings had at each meeting, showing the term, number of each petition, resolution and bill |ii-eseiited. and by whom introduced, the substance of each ])etition and resolution, and the title of each bill, the date when the same was intro- AKT. IJ DK .MINI'Ml' AI. ASSK.M HI, V. 345 diU'Ctl, ;uiil of tlu' sccdiitl :iiiil Iliinl i(':i(liii;;s. passMfic or r(>jcctii)ii, enroll- liu'lit. ;l|i|il'ov;il or vtMo. and ol (lie icjiislcifil nnnil)cr of hills; also of llic reference of all doeunienls. lo « lioni referred atid when re|iorted. lo<;etlier with sueh other of the proeeediiijjs, if aiiv. as niav he ileenied iieecssary to give a hrief history thereof and furiiisli an index thereto; all of whicli shall he at the exjiiratioii of eaeii term, printed for the \ise of the nieniliers of the niunieipal asserniilv and city officers. Sixth. To perform such olhi'r dnties ap|>ertaining to their respective oflices as may he retiiiired of them or may he necessary lo systematize the i)nsiiu'ss and promote tiie eftieieney theretif. Seventh. The assistant secretary and assistant clerk shall each jier- form such dnties as they shall lie directed to perform hy the secretary or clerk of their res|)ective houses, i M. ('.. sec. lltllT.) See. 1384. Sor};eant-jil-ariii.s of assciuhly— duty <>f. — It shall l)e the duty of the ser;;eantatarms of the conncil lo attend all meetings of the i-onin-il. to taki- care of the council chamlier and to keeji it clean, to provide lire and lights and oilni- artiides necos.sary therefor, and perform sncli other dnties as the council shall require hy rule or otherwise. It shall lie the dnt.\ of the .sergeant at arms «( the honse «( delegates to attend all meetings of the honse. to take care of the hall of the honse of delegates and keep it clean, to jiroxide tire and lights and other articles necessary there- for, and iH'rforin such other dnties as the honse (d' delegates shall icqnire hy ride or otherwise, i M. ('.. see. i:?n.S.) Sec. 1;{S5. Salaries. The salary of the secretary of the cotincil shall 1«' at the rate of twenty one jmiidred dollars per aniiiim; the salary of the assistant .secretary of tin- roiiiicil shall be at the rate of fifteen hundred dollars i)er annum; the salary ol the (derk of the house of delegates shall he at the rate of twenty-one hnndred dolliirs per annnni : the salary of the a.s- sistant clerk of the honse of delegates shall he at the rate of six hnndred dollars per annum. Which salaries shall he in fnll compen.sation for all service--^ of said officers respectively. (Ord. •-'L'li:!. anieuding .M. (".. sec. i:{(l!l.) This spctlon was amended by ordinance 23080. approved Juno 21. 190", .so as to make the salaries at present as follows: Secretary of Council. <2.400: As- sistant Secretary of Council. $1,800: Clerk Hou.sc of Delegates. »2.40n; Assistant Clerk. $1,800: Sergi-ant at Anns of Council. 11.500: Sergeant at Arms of House. ll.SOO: Page of House, $!ino See. i;iS6. Janitor for coiiiuil — hoii.st' .salaries. — The i)resideut of the conncil is hereby authorized to appoint a janitor, who.se conipen.sa- tion shall Ih> tifly five dollars per month, and the sjieaker of the house of delegates is also authorized to appoint a janitor, whose compensation shall be tifly live dollars per month. lOrd. lii'.iL'd. .M. ('.. p. ;i!lS. ) See. 13H7. SaiiH* — (luti<'.s — <-nn1rol of janitors. — It shall be the duty of said janitors, respectively, to keep the chamber and oflices of tlip council and hous«» of ilelegates in a cleanly condition, and to be uinU'r the control and supervision, respectively, of the president of the council and the speaker of the honse of delegates. ( fh.. .sec. 2.1 846 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 15. Sec. 1388. Rules and rejfulatioiis, each house to make. — Each house may detenuiue the rules of its owu prut-eediugs, aud may adopt sueh rules and regulations for its organizatiMi and the appointment of all standing committees as it shall deem expedient, and may prescribe the du- ties of all its officers and committees respectively, not inconsistent here- with; pi-ovided. no ctmimittee or member tliereof shall have the right to as- sume or perform auy executive duties, either in the execution of ordinances, in the settlement of claims, or in any other manner, i M. C, sec. 1310.) See Charter. Art, III. sec. 8 and note thereto. Sec. 1389. KeKigiiations, to Avhoiii addressed. — Resignation by uieml)ers of the municijial assembly shall be addressed to the presiding officer of the respective houses. (iJ. C, sec. 1311.) Sec. 1390. Vacancies —how filled. — If a vacancy occur in either house of the municipal assembly the presiding officer of such house shall notify the mayor thereof, who shall, by proclamation, order an election to fill the same for the unexpired term thereof, if the same exceed three months. Said election shall be held upon some day named in such order, not less than twenty nor more than thirty days next after the issuing of the procla- mation, (il. U., sec. 1312.) See Charter, Art. Ill, sec. 7 and note thereto. See. 1391. Proceedinjj^s — copies to be furnished members. — For the puritose of alfurdiug the members of the municipal assembly better facilities for t)btaiiiing information on matters pertaining to the iieiiding munici]ial legislation and the proceeding in the municipal assembly the register shall contract with the paper doing the city printing in the Jd^ng- lish language for the printing of cojjies of the proceedings as published in such paper in pamphlet form, and shall furnish the same within three days after each meeting to each house for distribution amongst its members. Such sum as may be necessary to pay the cost of printing said copies shall be set ai)art out of tlie ajiprojiriation for printing aud no expense for print- ing the second time shall be incurred. (M. C, sec. 1313.) Sec. 1392. Subpoenas — when committees empowered to issue. — ^^'heIleveI■ either house of the muiiicijial assembly of the City of St. Louis shall, by resolution, authorize any of its committees to make investigation of any ijuestion or matter on which such house may lawfully take action and shall empower such committee to send for persons and papers, such committee shall, thereu]ion. have authority to issue writs of subpoena, and of subi)oena duces tecum. Such writs shall be signed by the presiding officer, or. in case of his absence or inability to act, by the acting presiding officer of the house to which the ctimmittee belongs, aud shall be attested by the .secretary oi- clerk of said house. Every such writ shall be served and return thereof made by the sergeant-at-arms to the chairman, of the committee in like manner and with like effect as such writs issued from the circuit court ai-e served and returned by the sheriff. (M. ('.. sec. 1314.1 See Charter. Art. Ill, sec. .SI. As to the power of the house to punish for contempt, compel attendance of witnesses and produeti,on of books, see briefs of counsel in In re Conrades. 18!i Mo. 411, and some discussion by the court, al- though the case itself was decided on the ground that the resolution -appointinir a committee in that case did not purport to confer power on it to examine the books and papers. The court reversed the majorit.v of the Court of .\ppeals wliich had held petitioner in contempt for failure to obey the committee. Bland. .1,. ART. 11 OF Ml'NICIPAr. ASSi:.M Itl.V 847 diiisontlng: 112 Mo. App. 21. with full dlsrusslon In iimjnrlty and dl.ssintlnK opin- ions of the authorities. This ordlnanif provision (sec. i;t92) was held to be within the oonstltutlonal power of the city to pass, and not an invasion of Judicial functions, and that either house had a right to punish for contempt any witness refusing to pro- duce books material In a pendlngr inquiry properly called for In a subpoena (luces Irciim: In re Dunn, '.t Mo. App. 2S5. Sec. v^'^^.\. W'ritH of attachment — whoii to issue. — In ca.se aiiv iicrson naiiicd in aii.v .siuli wiii. and wlio wa.-; pcr.^^onall y st'rvcd there- with, sliail Tail to appeaf lielorc the ((iinniil lee at the lime and |>hice named in llie writ, tiie commiltee shall have aiitiiiu'ity to issue a writ, ul' attach ment ao:ainst the body cd' stieh ]i('r.siiii. in ln' si^Tud as writs of suhpoena aiv herein I'lMpiii'ed to he !siy;ned and lu he e.xei tiled and returned to the eliaiiiniiii of the eoininittee by the ser-teaut-at-anus, in like luauner and with like eU'eet as sui-h writs of attaclnneuts issued hy the cireuit <'onrt are e.\e- cnled and returned liy the sherilV. Any person relusinf; to he arrested or resist iiij; the serjieant at-arnis in any case ]iro\idc(l lor liy this chapter, shall he deemed ^'iiilty ol" a misdemeanor, and upon conviction Ihereot. shall he lineil not less ihan live dollai-s nm- inoic liiaii I wciily ti\ c dollais lor each oU'ense. I.M. C. sec. lolj.) Sec. 1.594. roiitumacy — liow dealt with. In case any person appearini; lieftu'e a committee in oliedieiice to a wril ot suli(ioena or sub- poena iluiis tcciiiii or attachment, shall refuse or fail to answer any (pies- lioii ]iro|)oiiiided to liiin by said coinmittce, or shall fail to (U-oduce and submit to the examination of tlie eoinniittee any hook, record or paper which he is re|>oei)as, ete., either house may issue. — In case either house shaii. uiihonl the agency of a committee coihIucI an in- vestigation or desire to take evidence on any (piestion or matter in which it may lawfully taki.' action, it .shall have authority to issue writs of sub- poena, subpoena iliivm tccinii. and alta\ the acting pi'esiding oflicer and attested by the secretary or clert- and returnable to the acting presid- ing oflicer. .Ml penalties hereinbefore |)rovided for shall apply and obtain in cases of investigation made under tin- |U-ovisions of this .secti(Ui. i.M. ('.. sec I.'fl".) g48 REVISED CODE OR GENERAL ORDINANCES. ICrtAP. 15. Sec. 139(5. Requisitions — by Avlioin made. — The secretary of the council and clerk uf the house of (lele<;ates shall make requisition, as jii'e- scrihed by ordinance, for such articles as are required in the department under their charge, shall msike out the payrolls of members and officers of their respective houses and shall certify in proper form to all vouchers dra^\■n on the resjiectivc funds. ( M. C. sec. 1318.) AETK'LE II. OF ORDINANCES.* Sec. 1397. 3Iayoi* — action of, required on bills.— Every Itill, immediately after its passat;e in both houses, shall be presented to the uuiyor for his approval or disapproval. And the mayor sliall, within ten days after such presentation, consider and return such bill to the house in which it cu-iginated with his ajiproval indorsed thereon or accompanied by his objection. If he ajjproves the same it shall become a law, or in case the nuniici]ial assend)ly remain in session for ten days after such jire.senta- tion, and the mayor fails to return such bill as herein required, it shall be- come a law as if a])i)roved by him; ju-ovided, that if the municipal assem- bly shall finally adjourn within ten days after any such presentation, the mayor shall, within ten days after such adjournment, return such l)ill to the register, with his approval or reasons for disapproval, otherwise it shall become a law as if ajiproved. ( M. »'., sec. KUi). | See note to Charter, III, sec. 2a. Sec 1398. Veto — action of assembly on. — livery bill presented to the mayor, but returned without his approval and with his objections thereto, shall stand as reconsidered in the house to which it is returned. The house shall cause the objections of the mayor to be entered at large u])on the journal and proceed, at its convenience, to consider the question pending which shall be in this I'oi-m : "Shall the bill jiass, the oltjections of the mayor thereto notwithstanding?" The vote upon this question shall be taken by yeas and nays, and the names entered upon the journal; and if two-thirds of all the members elected to the house vote in the affirmative, the presiding officer of the house shall certify that fact on the bill, attesting the same by his signature, and send the bill with the objections of the mayor to the other house, in which like proceedings shall be had in relation thereto, and if the bill receive a like majority of the votes of all the mem- bers elected to that house, the vote being taken by yeas and nays, the pre- siding officer thereof shall in like manner certify the fact ujion the bill. This bill, thus certified, shall be dcjiosited iu the office of the register, as an authentic act, and shall become an ordinance in the same manner, and with like effects as if it had received the ajjproval of the mayor. (M. C, sec. 1320.) See Charter, .-\rt. Ill, sec. 1^5. Sec. 1399. Ordinances— to be bound and published. — It shall be the duty of the register, as soon as practicable after the adjournment of .-niy stated or special session of the municipal assembly, to cau.se the original ordinances of the munici))al assembly, jiassed at such stated or s|)ecial session, to be bound in a sti-oiig and substantial manner and jirop- erly labeled, and shall make a written index of the subject of each ordi- •See for disciis.sion on t)ie sub.iect of onUnances, note.s to the Charter. .-Vrt. III. pages 30S-311. AKT. Ill OK (mi)INANCt;S. H4() tiiiiicc. ils iiiiMilx'r aiiil iliilc of liccoiiiiiiii ;i l;i\v, iiini Ilic rcjiisliM- sliall prc- si'i'vc llic Miluiiit' llnis 1)1)1111(1 siilVIv, ill Ills (irii<-c; ;iiiil he sluill caiusc one liiiiKlrcil :iii(l tidy rojiics of llu" piiiilcil slips of the oi'diiuiiici-s to lie lioiiml ill iiiislflio.inl. ;it llic fX|iir;itiiin ul' ciicli session, lur llic use ol' tln' iiniiilicis <>r the imiiiii'ipiil ;iss('iiiiil_v. | M. ('., si'c. IMl'l.) S.M'. 1100. Ordiiianco in rovisioii a coiitinuaiico <>f ordi- nance |»r«>\ isions. Thf |)ri>visi()iis ol iln' (H-dinniicc in revision of ii)e jjeiiera! nnlinances of tiie eitv so far as tlie.v are llie same as those of exisi iii^ onliiiances sliall lie constnieil as a coutinuaiice of such oi'dinaiiees. and nor as new enactiueiits. • (M. C, see. 1322.) See note to Charter. .\rt. III. sec. 28, and authorities there cited. Sec. 1401. KttVct «)f rciK'al.— The reiioal of an ordinance or ])art tliereid" shall not re\ive aii.v oiilin.inci' or any provisions thereof heretofore repealed or superseded, nor aiiv office heretofore abolished, ( M. C, sec. 1323.) See Charter. Art. III. sor 2S-. nlso R S. 1SP9. sec. 4177. Sec. 1402. Private or ioctive ](rovisioiis or limitations, i M. ('.. sec. 1324. amended.) Sec. 1403. K<'iK'al> do not afVect riy;lits or suits. — The repeal of any ordinance, part of ordinance or resolution shall not affect any act done or ri^ht accrued or established in any proceed! njj;, action, suit or prosecution or other tiling had or commenced previous to the time when such re|)eal shall take etlect, but every such act. rijiht or |)roceediiijj;. shall remain and continue as vali' (as In St. Louis), the repeal of an ordinance pending a prosecution there- under, releases the defendant: Kansas City vs. Clark. 68 Mo. 588. Sec. 1404. (>r2. ) See cases on Statutory Construction cited in R. S. 1S99. note to sec. 4160. Sec. 1411. Repealing ordinance repealed — does not revive foi'mer ordinance. — ^\■hen an ordinance, repealing a former ordinance, clause or provision, shall itself be rejiealed, such rejjcal shall not be con- strued to revive such former ordinance, clause or provision, unless it be expressly so provided. (M. C, sec. 1333.) Sec note to Charter. .\rt. III. sec. 2S. Sec. 1412. Tenure of office — when repeal of ordinance to affect. — The tenure of any office, or accountability of any officer of the city, shall not be affected by the repeal of any ordinance, clause or pro- CHAR 16] OF MARKETS. 85J vision, uiiit'ss it l)c otherwise oxuresslv providetl in ilir rciic;iliiijj; ordiiiaure. (M. C, see. 1334.) See note to Charter. .\rl. III. sec. 2S. In State e.\ rol. vs. LonKfellow, 93 Mo. App. 364 370. the court says of this section: "We apprehonil that tlio pur- pose of the ordinance was to prevent the repeal of Oie term of an office created by one ordinance by repealing or nmendlnpr another ordinance, the effect of which would be. by Implication or by fair construction, to affect the term of the office created by the other ordinance, but not mentioned or referred to by the amend- atory or repealing ordinance, and not that an ordinance creating an office could not be amended so as to eliminate the feature creating the office, without ex- pressly declaring that to be the purpo.se and aim of the amendment, or that an ordinance creating an office could not be repealed and a new ftne enacted In lieu of It. leaving out the clause creating the office." See s. c. 95 Mo. App. 660. G66. y.'c. 141.i. Kills (Miilxxlyiii^ jj^t'iierai onliiianco provi.Hion.s — siihinissioii t»> vHy «'onns<>I«»r t«» ai>pr<»v«> form All bills eiii- lioiiviiij,' ;;ciiit;i1 onliiiaurc prov isious befort' tiiial [iassa:;c by the imiiiieii)al assembly may lie submitted to the eity eouuselor or the associate city coun- selor, whose duty it shall lie to e.\aiiiiiie the same withoiil uiiiieeessary de- lay and recominend such alleratious or moditieatious in the form thereof, if any are necessary, as will make all such bills as altered or modified conform to the [irojier charter I'lMniirements as to the form of ordinances and to the jjeiieral ]ilan of the nniiii(i|i,il (IJevised] ciide. jn-ovided that nothiiifi herein shall be construed as i-ei|uiriii}; iiills not embrai'ino; jieiieral ordinance pro- visions to be so subuiitted. (M. (".. sec. l.{3o.) See also sec. 1369 of Rev. Code. See. 1414. Itrlrrcncc <<» rcvisiMl code sufliciciil. — In all offi- I'ial reference to aii.\ (H-ox isioii or provisions of the j^encral ordinances, em- bodied in "The Revi-sed Code of St. Louis." after said code shall have been adopted lejially, as ju-ovided in ordinance mimbor twenty-two thousand and forty-six, approved June twenty, nineteen hundred and the, it shall be siiriicieiit to refer to said provision or provisions by section number or numbers, as the refereme niav re(|uire, of "The Revised Code of St. Louis." Mini. 22r)«J4; see M. C, see. 1336.) GENERAI., NOTE ON SUBJECT OF OKPl.NA.NCES; See note to Charter, Art. HI. pages 30S-311; and see p. 309 as to evidence of ordinance, when same to be pleaded and hftw. i-t'-. CHAPTER 16. I 'I- .m.\i:k i;ts.- ART. I Of names and boundaries. II. (^f location of stalls, stands and wagons. III. Of leasing and renting of stalls and stands. IV. Of market masters — appointment, powers ond dutle.<<. v. Of rules and regulations. VI. Of meat shops. VII. Of regulations concerning the sale of game. VIII. Of regulations concerning the sale of perishable articles. •Power of the city to establish market places, and license, regulate, sell, lease, abolish or otherwise dispose of the same: Chart.. Art. III. sec. 26. clause third. See also clause 7. As to duty of Mayor and assembly to establish, locate and regulate market places in cities of over 300.000. see R. S. 1899. sees. 62oulard ^larket. (M. C., sec. 1339.) Sec. 1418. South market. — The northeast quarter of the block bounded on the east by Main street, west by Second street, north by Schir- mer street, and south by Franklin street, with the buildings thereon, shall be known as South Market. (M. C, sec. 1340.) ARTICLE II. CJF LOCATION OF ST.4LLS, ST.ANDS AND WAGON.S. ♦ Sec. 1419. Wagfon Htands, etc., comptroller to lo<'ate. — Authority is given tiie com])troIler 1o locate wagon or market stands in such manner that those in the same business shall occu])v conliguous spaces. (JI. C, .sec. 1341.) •That stands and staUs can not be authorized by ordinance to occupy parts of the pubUc street, see Schopp vs. St. Louis. 117 Mo. 131. 135. ART. II. 1 Ol'' LOCATION OF STALLS. STANDS ANO WAGONS.* 853 Sec. 1420. Market staiuls — re^iilati«»ns of. — The sidewalks and space outside the luarketliouses of all markets are herebj' appropriated and set ajiarl lor staiuls lor the saU' ol' vej;etables or any otiier articles wliirli iiiiilcr lliis ihapler. are ])eriiiissil)le to l)e sold outside the market- iiouses, at wholesale or retail. Irom lahles. vehicles, or in any other inan- iiei-. i^acli siaiid shall lie made to occupy not less than eifjlit nor more than twelve I'eet alon^ the Ijuildinj; line, nor more than three and one-half I'eet deep, e.xeept at Union Market on the north side of Christy avenue, which "shall be ei<;ht feet in depth; provided, however, that at Union Mar- ket, on the ISroadway (Fifth street) side, not li in;;, herein shall be .so con- strued as to inlcifere wilh the ritjlu of any occupants or tenants thereof to u.>a<-es between. — All wagons attend- ing any market shall, in taking their position at any curbstone, be separated at least three feet, in order to allow pedestrians to cross from one side of the street to the other. (M. C. sec. 1344.) Spi'. 1423. Wood stands, ete. — wliere to 1»«' l«»<'ateroadway from t'ass avenue to Howard street; also that portion of Cass avenue from I$roadway to Ninth street; also the southeast quarter of the block in South St. I.ouis in which the South Market is located, are hereby set aside for the sale of coal, wood. hay. lorn. oats and straw by the load, and no other place except those above mentioned sliiill be used ;is a stand for the sale of such articles. (M. (".. sec. 1.34."i.) Sec. 1424. Farniers' \vag;ons — sjiari- ri'.s»'rved lor. — All that por tioii of Third street, on either side thereof, which is between Christy ave- nue and its intersection with Uroadway. and all that poition of BT-oadway from its intersection with 'I'liird street north to Howard street, and all that portion of OTallon street from Collins street to Sixth street, is hereby set ;il>art for farmers' and other wagons bringing produce to market for sale; provided, that a s|iace of ten feet shall be kept vacant opposite eai-h store or building, alternately, in such manner that there shall be a continuous si>ace of twenty feet vacant opposite each of two of such stores or buildings for the use of vehicles conveying goods, wares or merchandise to and from the same, and it shall be the duty of the market master of the city market to strictly enforce the above provisions, and when necessary to suiamoii a siif ticient niimlier of police to acconi[)lish that ol)ject ; provided, further, that farmers' wagons shall occu|iy the above sjiace only under permission of the market master, and all persons owning or controlling space on Third street and on Broadway l>etween the limits s[)eciflcil above, are forbidden to grant such right or to collect any toll therefor. tM. C, sec. 1340.) 854 REVISED CODE OR GENERAL ORDINANCES. [CHAI' IH ARTICLE III. OK I.ICASING AND RENTING OF STALLS AND STANDS. Sec. 1425. 3Iarket stalLs, etc., not to be occupied witli out license — penalty. — No per.son without a lease or other proper peiniii lidiu the euiiiptroller or market master, or whose lease or legal per- mit sli.ili have been forfeited, shall, for auv jiurjiose, occupy any stall or stand or wagon stand, in any market or market place. No person shall make or accept any transfer of any stand or stall or wagon stand, or oc- cupy the same by virtue of such transfer, without the written consent of the comptroller, and any person who shall violate any of the provisions of this section, slvill be deemed guilty of a misdemeanor, and on conviction tliercof, shall he fined not less than five nor more than fifty dollars for each offense. (M. C sec. 1347.) See. 1426. Market stall.s, etc., letting time of It shall be the duty of the comptroller on the first Monday of January and July of each year to lease all the stalls inside the .several city markets for the term of six months, and on the first ^Monday of ilay and November of each year he shall lease all other stands and stalls in said market and market jilaces for a like term of time; jirovided. that before such leasing shall take place the comptroller shall locale, cstal)lish the term§ of renting, and grade the prices of all surh stands and stalls according to the different jiurposes on account of whicii they are occui)ied. (M. C, sec. 1348.) Sec. 1427. Market stalls, etc., conditions of letting.— Such leasing and renting, of which notice of at least ten days of the time and place thereof shall be published in the jiapers (Mujiloyed by the city, shall be by auction, except that occupiers of stands and stalls and wagon stands who are not in arrears for rent shall be entitled to re-rent their respective stands and stalls and wagon stands, at the graded price, on complying with all other conditions and provisions of ordinances relating to such stall or stand and wagon stands; provided, that no person shall be allowed to rent more than two stands or stalls or wagon standsi, in any market, nor re-lease or rent (o others any jiortion of any stand or stands, wagon stand or stands, stall or stalls, without the approval of the comptroller, nor shall any occu- pier be entitled to the right of renting for a longer time than five years, nor shall stands whereon to sell meat by the quarter be rented for a longer time than four months from the first Monday of November in each year. (M. C, .see. 134!).) Sec. 1428. Market stalls, etc. — rent of, liow paid. — Every person bidding off or taking at its valuation any stall or stand, shall at the time of so doing pay to the comptroller the full amount of the semi- annual rent at which he has taken said stall or stand, and as soon as prac- ticable shall execute the lease hereinafter provided for. If he fail to exe- cute said lease ^^■hen recjuired to. or fails to pay all rents when due, or otherwise violates any of the |iro\isions of this articl(\ or an.\' ol' the rules and I'eguJations made in pursuance thereof in j'elation to stands or stalls, he shall forthwith foi'feit such stand or stall, and all that has been paid thereon, without any otlier jirocess of law. Renters of wagon stands shall AUT. IV. 1 OV MAUKIOT .MASTKRS. APPOINTM EONT, POWKK.S AND Dl'TllOS. 855 iu all cases, he required tn |i:iv iliiir icnt seiuianniiall.v in advance. (M. C, set-. 1 :!.".( I.) S.c. l4:J!t. Markt't stalls, vtv, -wlu'ii viu-ant, li«»\v reiilfd. — \afaiit stands or stalls and wafioii liiands not rciiicd as rcciiiin-d in the forc^oinf; sections, or wliicli, liv rorlcilure to the city or any reason heconie vacant, may be rented I'oi' the hesi atlainahle jiricc and term ol' lime; jii'o- vided, that sialls shall not he rented lor less than one month: hnt no I'ees shall he exacled fi-oni farmers or ^'ardcners for selliii!,' Iheii- prodnce in the market places or pulilic streets from iheir vehicles, i M. ('., sec. 1351. j See. 14:!0. Loasos — to >vliat <-<»n(litMMi sub.j<>ct. — The nniiiijr of all stands and stalls and wajion stands, shall lie snhject to the condi- tions that the iea.se therel'or may he cancelled liy the city at any time alter thirty days' notice to the lessee, and returning; to liim the pro|iortioiiate anioiinl of rent ]iaid, accordiiif; to the unexpired lime of the lease. (M. C. sec. KJ.")!*. ) Sec. 1431. ^larket stalls, etc lease with security when re- <|llirxecute a lease therefor with two good securities, to he apjiroved hy the coinjitroller, for the payment of all rents semi-au- nually in advance, and tlie performance of all other ohlipations. under this article and the lease; and non-payment of any rent when due. or any other failure to comply with the conditions of the h'ase or this article hy any lessee, shall work a forfeiture (>( said lease and tlu' stall or stand. (M. (y., sec. i:'..'.:!. ) See. 1432. >larket staiuls — contract of sale of — cancelled when. — The comptroller is hereby authorized for ^^ood and sufticieiit cause III rancel any <'ontract made for stalls or stands, or waj^on stands, and to relet the sjime. as by ordiname |iiii\ ided. i .M. t".. sec. i;{r)4.) See. 1433. Market stands— vacated — how. — The eoinptroller with the ajiproval uf the mayor, is hereby authori/.ed to vacate and abolish any stand or stall and waj;on stand in any city market as in his opinion the interests of the |iublic or market may seem lo demand; jirovided. that said vacatin;; or abolishing siiall always be done at the expiration of Ihc lease or term for which the rent has been jiaid, and after at least thirty days' notice to the occupant ihcieiif. i M. ('., sec. I.'!.".".'! ARTICLE IV. OF MARKET MA.STERS — APPOINTMENT, POWERS AND DUTIES. Sec. 1434. ^larket masters— appoint nu'nt — salaries— subordi- nates. — The several market masters of the markets herein named shall be ajipoiiited by the mayor and conlirmed by tlie eonneil. and hold tlieii' respective itositions. as provided in section two. article four of the charter. :ind until their successnrs are duly ap|iointed and i|ualitie)I. and shall give blind to the city in the sum of one thousand dollars each, with two uv more good and suflicienl .securities, owners nf nnincundiered re^l estate in the city, to be approved by the mayor and council, and shall receive as full «"oni|x>nsation for their .services, viz.: the market master of rnion Market, <»iie tliousand dollars per annum; tlie market master of City Market, nine 856 REVISED CODE OR GENERAL ORDINANCES. (CHAR 16. huiul-ed dollars per animiu ; the market master of Soulard Market, seven Ijuudred twenty dollars per annum; the market master of South Market, seven hundred twenty dollars per annum; the number and salaries of the several market sweejjers in said markets, who shall be appointed b}" the respective market masters, and contirmed by the comptroller, shall be as follows, viz.: Union Market, four sweepers at six hundred dollars each; City Market, two sweei)e;'S, five huudred forty dollars each; and for a jieriod of not to exceed four months, commencing November first each year, the market master at City Market is authorized to appoint two additional assistants to act as weighers, to be approved by the comptroller, at a salary of not to exceed fifty dollars per month, each; Soulard Market, one sweeper at five hundred dollars; the ^outh Market, one sweeper at five hundred dollars; to be in full compensation for Their services per annum, all i)ayable monthly. The market master of the Union ^Market is hereby authorized to designate one of the sweepers of said market to act as deputy market master of said market in his absence, and for whose official acts the market master shall be responsible. (M. C, sec. 13oG.) Sec. 1435. Duties of the market master — -It shall be the duty of each market master in the market for which he is appointed: First, to exercise a general supervision over the market-house and market ])lace, and to enforce the regulations established for the government thereof: second, to assign places to wagons or persons attending the market and enforce order among them ; third, to exercise a genera 1 care and custody of the market- house and all appurtenances thereof; fourth, to examine the quality of all articles offered for sale in the market, and to seize all blown, unsound, dis- eased, impure, or unwholesome articles exjiosed for sale: fifth, to examine weights and measures of all articles ex])osed for sale, and to seize all Mhich are of less weight than represented by the seller according to the jirovisions of this article; sixth, to enforce order in the market place, and decide all dis{)utes that may arise between buyer and seller touching the weight or measure of any article; seventh, to attend at the market every day during market hours; eighth, to receive from the comptroller ])rinted tickets for rent of stands and stalls and wagon stands for short ]ieriods. and sign and deliver same to renters of stalls and stands, and to collect money theref(U-, ninth, to i)ay into the city treasury all moneys received by him on account of the city, at least once in each week, CSl. C., sec. 1357.) See. 1436. Powers of market masters To secure an efficient performance of his duties, each market master is invested with full power and authority to summarily enforce all ordinances, rules and regulations in all matters connected with the market for which lie is a])])ointed, and all persons are required to obey his rules, regulations and directions in all such matters. (M. C, sec. 1358.) Sec. 1437. Market masters to superintend cleaninjj, etc. — The market mastei-s shall superintend the cleaning of the market and mar- ket i)laces for which they are respectivi^ly ajipointed, and cause the streets, footways and market ]daces to be sitrinkled with water whenever it shall lie necessary to prevent and lay the dust, and for that purpose may use the water from the waterworks, and use the hose provided by the city. ^M. C, sec, 1359.) Sec. 1438. Market-houses— cleanliness of to be eiiforeed — — The market masters shall cause the market-honse and market jilaces to which they shall be respectively ajipointed to be thoroughly cleaned, and AUT. IV 1 OI- .MAHKirr .MASTKHS, APPOINTMICNT. POVVICRS ANI> lU'TlES. 857 all the tiltli to be reuioved therefrom by the suaveugers eiuployed for that purpose by the eity, aud keep the footways and stcjis in tlic winter season th-AV (if ice and snow, i M. (\, see. i;!(iil. i See. 14;>".t. >larkt*t niiiHters, scalt'.s to b«* kt>|»( by — rharjre — no one else to \vei};li — penalty. — lOadi market master shall keefi as many scales ami otlu-r implemenls for weijiliinu. duly stain[)ed and ccrtilii'd by the inspeclor of \\ci;,'lils and measures, as may be necessary to conveniently do all the weij;liinf; in said market, and shall, whenever re- quesled, weii;li all articles belon-iin^j to marketers and olhers intended for siile. and shall eharj;e the cents lor each separate and sinj^le article, to be paid by the jierson or party re(]uesting the same to be weighed, which fees shall U' paid weekly into the city treasury. Any person who shall weigh an article of marketing within the market places, excei)t the market master, or his U'gal deputy, and charge therefor, shall be deemed guilty of a mis- demeanor, and on conviction thereof, be lined iiol less than twenty nor more than one linndred dollars for each oll'ense. (Jl. C, sec. 13()1.) See. 1440. >Iarket niastor.s — seiznres by — sale of berries. — It shall be ilu' duty of the market master to seize all articles olfered for sale in any market which are prohibited by ordinance, or which are e.xposed for sale without the venders having |(ro|K'r autlioiil,\ lliereror under the ordi- nance; or where such article or thing is sliorl in wciglil vv measure ac- cording to the representation of the venders; all which articles or things so seizeil shall be forfeiteIarkel masters niiiy reniovi' eerlain persons — spe«'ial policeman. — It is hereby made the iluly of each market master ici order or rciiiuse from the market-house or market place, in a summary manner, any person who is guilty of any vioienl. lurbulent, or disorderly comiiict, or who shall iu any way interfere with him or disturb the mar- k<'ters. or buyers; or who shall violate or refuse lo id)ey any ordinance, rules or regulations for the government or management of the markets and luar k(>t [)laces; or who shall expose as if for sale, sell or attempt to sell anything in the market, or market places, that is |irohibiled b\ ordinance; or who shall sell or oiler for sale, or exjiose as if intended for sale, anything in the market or market place without lirsi having obtained a license or other proper authority so to do, according to the s])irit and intent of this chap- ter; and for the juirpose of enabling the market masters of the several nuir- kefs more etTeetiuilly to carry out the provisions of this chapter, it shall be the iluty of each respectively to ajijily for and obtain an appointment from the jiolieo conunissiouers as special jiolicemen. ( M. ('.. .sec. i:{(i:}.) See. 1442. OiVendersto be arrested It is hereby made the special duty of all market masters and the police to arrest all persons found in the act of violating any of the |irovi.sions of this chapter, and bring them before the police justice of the district in which the market may be located, and upon information iM-ing tiled by any other jierson that he has good reasons to belie\e and does believe that any person has been guilty of violating any nf the provisions of this chajtler'. the police justice of the district in 858 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 16. which the market may be located shall issue his warrant to the marshal diiectiu}; him to bring him the aforesaid offender, who shall- be dealt with as in other cases of breach of /city ordinance. (M. C, sec. 1364.) See. 1443. Penalty. — Any person who shall violate any of the pro- visions of this chapter, or who shall fail to comply with any of the rules or regulations prescribed herein or established by virtue hereof, or who shall fail to obey any proper order of the market masters, respectively, in rela- tion to the several matters under their charge or supervision, shall be deemed guilty of a misdemeanor, and upon conviction thereof, when no other penally is prescribed in this chajiter. shall be fined not less than five dollars nor more than one hundred dollars. (M. C, sec. 130.1.) ARTICLE V. OF RULES AND REGUL.A.T10NS. Sec. 1444. Hours of. — All the markets aforesaid shall be open for the sale of all meats, ^•egetables. victuals. i)rovisions and all other articles allowed to be sold therein, from four until eleven o'clock a. m., and from two until ten o'clock p. m., every day during the year (Sundays excepted I ; provided, that it shall not be lawful for any market to be opened, or any- thing therein sold or exposed for sale on Sundays. (M. ('.. sec. 1366.) Sec. 1445. Lights to be kept — The market masters of all the mar- kets are re(|uired to keeji at least t^\■(l lights burning in said markets re- spectively the whole of each night during the year. (JI. (\, sec. 1367.) Sec. 1446. Time of i'losins" market-houses — liow announced. — Each nmrket master shall lie provided with a bell, and shall announce by the ringing thereof the closing of the market-house at least ten minutes befoi'c the time lor closing. (.M. ('.. sec. 1368.) Sec. 1447. Lessees of stalls — duties of, on closinj? market. — Every lessee or occupier of a stall or stand in either market shall, within thirty minutes after the ringing of the b(»ll as aforesaid, cause his vegeta- bles, ju'ovisions, and vehicle if he has one, or other things to be removed from the market place, and his stall or stand to be thoroughly cleaned, and all animal or vegetable oftal and rubbish to be removed from the market place, and each butcher shall cause his tables, meat block, and other fix- tures to be thoroughly scraped and cleaned. (M. C, sec. l309.) Sec. 1448. Hydrant to be provitled — sales nnist be during hours. — Each market shall be supplied with a hydrant for the use of pei'sons attending the market, and no provisions or other thing shall be sold in the market except during market hours. (M. C. sec. 1370.) Sec. 1449. Regulations concerning meat sales. — No person ex- cept the lessee of a stand or stall .shall sell or otter for sale in the market any fresh or salted meat of any kind, and no person being the lessee of a stall or stand shall sell the same by the quarter or in less quantities than one-quarter, excejit at the stall of which he is lessee, and such sales shall otherwise be made in conformity with the r(>gulations pi-cscribed by this chapter. (M. C, sec. 1371.) AHT. V.| OF lU'LKS AND KKIU'I.ATIONS OF MAltKKTS, ICT(.'. 85 Mo. .-.S3. 1. o. 5S9. Sec. 1451. Sales — outside of niarkot. Nothiin; in iliis chapter .shall lie construed to jirevent any farmer or jprodm-er from selling his meat by the (juarter. or any person who follows the linsiness of jiacUiiig heef and pork, from selling bacou. shoulders, hams and sides of their own ctiring, or s]iare-ribs or sausage meat in the winter months, or any ])erson from selling wild game not otherwise prohibited; jirovided. that such sales are made outside the market and market places. (.M. ("., sec. i;?73.) See. 1452. Sale of dis<'ased animals forbid«lon. — No persou shall sell or e.vpo.se for sale in the market or any oilii-r jpiace within the cor- jiorate limits of the city any sick or di.seased live animals for the purjiose and with the design that the same shall be slaughtered and u.sed for food, knowing or having reason to believe the same to be sick or diseased, i .M. ('., .•enalty. — No person shall e.xpo.se or ollVr for sale in market or any otiier place within the corporate limits of the city the tiesh of any animal which was sick, overheated or run down by dogs or otherwise at or before the lime the same was butchered or slain, or which died a natural death, or was killed by accident, casualty or otherwise than the usual manner of slaying animals for food, nor shall any jierson sell, expose or otl'er for sale in this city any jiutrid. l)lown. ])lated, raised, stulfed or unsound me.it. Ilesli. eggs, |>oultr\ or other articles of food, nor shall any person in this city sell, ex- pose or otVer for sale the tIesh of any bull. boar. ram. dog, cat or other ani mal not commonly deemed wholesome for food. The market master shall seize any article in this section mentioned which he may tind in tlie market and cause the same to be condemned, anil removed, and if the jierson olTer- ing the same i>e lessee of the stall or stand his lease shall be forfeited and lie shall never be permitted to lease or occupy a stall or stand tlier<>after in any market, and such jierson so olfending shall be deemed guilty of a misdemeanor, and on conviction thereof shall be lined not less than twentv- live nor more than one hundred dollajs. (M. <".. sec. i:!7.">. I Sec. 1454. >Iarket idaee — animals not to he tiriven into -olVal to be Uvpt «)»l'. — No person shall ride. lead, drive or place any horse or other animal into oi- njion any market, market ]>lace, or footway pertaining thereto, or kill or slaughter any animal in market, or tlirow or de](osit any animal or vegetable olfal. tilth, meat, dead animal or fowl, fish or any nauseous sidtstance. in any markethoiise or market jiiace. or streets or street or sidewalks adjoining said marketer markit ])laies. (M. ('. sn- i:!77.) As to kpopinc offnl. ^iirhuf;!' rUtli and dfail anlnnils off str-ots ami .-ildc- «-nlllarket plaee — vehi<'Ies to be removed from, when. — Whem-ver any person shall have sold or ilisjiosed of the co'nmodi lies liii>ught by him to market for sa.le. he may be reipiired to remove his vehicle from the market ]>Iace fortinvith. (M. ('.. sec. i:{77.) Sec. 1450. Hefreshments, where sold ("ofTee and other refresh- ments m.ny be served at such stands, in anv of tlie citv iriarkets. as mav 860 REVISEU CODE OR GENERAL ORDIX.\NCES. [CHAP. 16- be designated by the markcl master and ajiproved by the comptroller, sub- ject to the provisions of this article. Imt no person shall, in the niartet. sell or give away any wines or spirituous or fermented liquors. (M. C, sec. 1378.) Sec. 1457. Stalls — how painted by lessees.— Each butcher reut iug stall in any njarket shall, as a condition of such leasing, be bound semi- annually to jjaiut his stall such a cotor and at such a time as he sJiall be- required by the comptroller; provided, that all stalls in each market shall be of a uniform color. (M. C, sec. 1379.) See. 14.58. Fires in without permission, prohibited. — No person shall, during market hours, kindle or burn, in or about any market, any fuel without permission from the market master, or iu any other place thau that designated by him, except that charcoal, under the direction of the market master, ma.y be burned in movable earthea or metallic vessels, so constructed and placed as effectually to prevent danger to any wood work in the vicinity or inconvenience to persons passing. (M. C, sec. 13S0.) See. 1459. Lounj^inji" forbidden. — No person not having lawful business in market shall sit, lounge, stand, walk or lie in or about the market place. I M. (/.. sec. 1381.) Sec. 1460. Market place — intoxi<'ated persons forbidden access to. — Mo peisou in a state of intoxication shall go upon a market place. (M. C, sec. 1382.) Sec. 1461. 3Iarket place — dogs, etc., to be exclude UKr.l'LATIONS OK MAHKIOTS. ggl be twice conviclfd u( viohitinj; aiiv ordiiiiiiu-e in ivhilioii to iiiai-i«'ts, his Ipnse slijtil 1)0 adjiid^ictl to l)o foi-ffitod. ( M. C. sec. 1388.) 8»'f. 1107. Artu'U' — appli<'iiti«>n of pr«»\isions «»f. — The jjiovis- ioiis ol' lliis article aic di'claicd lo a]ipl\ ii> all inarUcls in iliis city, except wlu'i'c tlif same afe coiiliiicd in terms or by context to a paflicnlaf inafket; and tiie inai'ket masters ol' pfivate markets ai'c invested with the same |M)\\ei'. and i-eqiiii-ed to |ierform the same duties as the market masters of the markets owned bv the citv are invested witli and fe(|iiii'ed to i)erforni. i.M. C. sec. i:?S!).) Sec. 14(58. Sal»'s_fiir(lH>r rrjinlalioiis on. — No grocer, huckster "or oilier jierson shall sell or oiler I'or sale in any market or market place any produce, vefjetables or fruits, or other articles luirchased within the city limits dnriii;; market hours, and all larmers. };ardeuers and (iroducers are hereby authorized to .sell it during market hours in any market subject to tlie provisions of this cha|)ter. (M. C. sec. 1300.) Scr. 14(>'.>. Struclurt's — as iiulcpeiuleiit rooms rorl»itl(l<-ii. — The compl roller shall not allow any shanty or structure in the nature of an independent room to be built in any market i)lace. (M. ('.. sec. 1391.) See. 1470. Coiiipt roller — tfeiioral supervision to be exereised 1».V — wlial striH'tim's proliil)it<>taces that are shabby, unsightly or inconsistent with the general character of said markets, respectively, or their improvements or surroundings. (M. v.. .sec. 1. •!!>!'. I Sec. 1471. Conipt roller — further reg^iilat Ions hy, autliori/.e. ARTICLE VI. OF MEAT SHOPS.* See. 1473. License to conduct nece.sstiry. — No jicrsou, jiei-isous or copartnersliip of jiersons shall open or keep a meat shop in the city without tirst haviiij; obtained a license therefor, and any person, per.sons or copart- nership of jiersons doiny business as a meat shop keeper or keepers shall pay an annual license of fifty dollars in advance; and said annual license shall be jiayable on the first day of July of each year; and each license issuetl shall date from the first day of July of each year; which license shall authorize and empower such person, jjersons or copartnership of persons to sell in their shops all kinds of fresh and salt meat, fresh and salt fish, sausage and satisage meat whether made by them or not. and also all kinds of fowl and game in their proper seasons that is not ]>rohibited being sold or offered for sale by any ordinance of this city or law of this state, all kinds of vegetables or fruits, in large or small (juantities. for one year frou) the first day of July, preceding its issuance, and it is hereby provided that the owners of meat shops who have paid their license may be permitted to deliver meat in a wagon or i)ther\\ise, without taking out an additional license therefor. If any jierson, persons or copartnership of ])ersons shall exhibit for sale or otter for sale any of the above enumerated articles (vege- tables and fruit excepted) in any market, stall, place or shoj) in this city, whether sold or not, such person, persons or copartnershi]i of persons shall be considered to be meat shoj) keejiers, as herein defined, and shall be ad- judged to be such in the full meaning of this section; and, provided, further, that nothing in this section shall be construed as to include grocers who sell ham. shoulders, dried beef, bacon, salt fish and snu)ked sausage. (M. C, sec. 1395.) T-Tnder its charter provisions the City of St. Louis has authority to im- pose the license tax: St. Louis vs. Freivogel, 95 Mo. 533 and cases cited tliere. Sucli a license held not invalid as containing discriminations in favor of grocers and because classifying butchers as meat-shop keepers: St. Louis vs. Freivogel. supra: but the license must be substantially uniform in its application and oper- ation, throughout the city, and not operate unequally in certain sections of thf city: St. Louis vs. Spiegel. DO Mo. 5ST (reversing 16 Mo. App. 210); St. Louis vs. Spiegel, 75 Mo. App. 145 (reversfng & Mo. App. 4TS). While a butcher is one who slaughters and dresses for market, yet an ordi- nance may enlarge the use of the word to include the keeper of a meat-market: Rockville vs. Merchant. 60 Mo. App. 365. An occupation license for revenue pur- poses (meat-shop license in this case), issued to a firm, is a protection to one of its members who continues to prosecute the business at the old stand upon the retirement of his co-partner from the business, where there is nothing in the ordinance itself to indicate a different purpose: St. Charles vs. Hackiii.in. 133 Mo. 634. 644. Sec. 1474. License to contain wliat — rej?ister — transfer — Every license shall contain the name of Ilic person in whose favor it is is- sued, and shall designate the location of the meat shop. The license col- lector shall keep a register of all such li-censes. and no license shall be •Charter authority for city to establish and regulate: Art. Ill, .sec. 26. clause third; see next note. Regulation of meat shops by the city is within its powers, if such regulations are not unreasonable: St. Louis vs. Weber. 44 Mo. 547. See also St. Louis vs. Delassus. (sup. ct. .Tiily 2. 1907. not at this writing reported). AltT. \11 1 OF RKGULATIONS CONCERNINT, THF. SAI^IO OK CA.MK. 863 frauBferred, iior tlic locatiiui ol' the meat »\\o\i clmii;;!'!!, wirlioiil the written I'onseiit of tlif licciisi- <'()lltMli)r. and tlie a|i|ir(ival til' the (.•oiiii)lrulk'r in- diirsi-il Dii said license; provided, iliat no sutli Iransler sliaii l)e made ex- cejil l'«)i' liie liona tide sueeessor in linsiuess u( Itic holder ol' sueh license desired to lie IranslVrred. The license shall he and remain dnriiif; its con- tinnani-e posted in some conspiiiious place in the nical shop, i M. ("., sec. layi;.) See. 1475. .>Ioat shop — hours on Sunday. — ^Anv meat sho]i or inarki't may l>e kejit open on Sunday inorniii<; until nine .o'clock a. ni.. for the sale of the articles described in section 147.'!. uM. C. sec. 1307.) Si'O i-asi' citfd In note to next section. Sec. U7G. Licouse — penalty r«u- keopiuf; shop without. — Any keeper of a meat shop who shall tail, tirst lo ohlaiii any licen.se (herefor, or shall fail to keep said license and all transfers tliereof |)osted up in his shoji. or shall open saicl shop or sell therein, any artii'le on a Sunday after nine o'clock a. in., shall he deemed j;iiilly of a misdemeanor, and upon con- viction thereof, he lined not less than twentytive nor more than one hun- dred dollars for each and every olfeiise. ( .M. ('.. sec. Ki'.IS. ) This section was attacked as unconstitutional on several grounds, but was sustained as valid by the Supreme Court In Hie recent case of St. I^ouis vs. Delassus (Jyly 2, 1907. not at this writing reported). See. 1477. 8h<)ps to bo kept rioan. -i:very person who is duly licensed :is herein reiiuiied shall keei) his meat shop or stand jiropeilly cleaned and free from all foul smells and nuisances of every description, and on failure thereof shall he deemed fiuilty of a misdemoanor, and on conviction thereof he lined not less than live nor more than fifty dollars for each offense, i M. (".. sec. i;!!)!(. ) See. 147S. Shops under control of board of health.— All meat sbo[)s shall he under the control of the hoard of health, who shall have power, hy a majority of the hoard, to declare any one of the same a nuisance for a j^ood ami snflicieni cause, which findinj.; when recorded in their [iro- ceedinps and a copy thereof served u]ion the jiarty licensed, shall operate as a cancelinj; of his license and a prohihitiou of all sales thereunder. (M. C. see. 1400.) Sec. 1479. Principal of meat shop. — Kvery person, whether prin cipal or apent. who transacts the business of a meat sho|i shall be deemed a principal as far as the penalties of this article and his liabililies thereto are concerned. (M. C. sec. 14'CES. [CHAP. 16. of February and the fifteenth day of August; any wild buck, doe or fawn, or fresh venison, between tlie tirst dav of February and the first dav of October. (M. C. sec. 1403.) The subject of the sale of g-ame is largely affected by the state game laws which cover the subject: Laws 1905. pp. 159-171, amended, ami act in lieu thereof passed Session Laws 1907. pp. 277-2S."). See. 1482. Penalty. — Whosoever shall offend against any of the provisions of this article, by selling or otiVriiig to sell, or by exposing for sale or having in his custody any of the birds or game therein prohibited, or any fresh venison, within the time prohibited and within the city, shall for each of the birds, and for each head of game, and each piece of fresh veni- son so sold, or exposed for sale, or in his possession, on conviction thereof, forfeit and pay a fine of not more than ten dollars, to be recovered as other penalties for violation of city ordinance, one-half of which is to be paid to the informer and the other half into the city treasury, which said fine and costs shall be paid forthwith, and u])on a failure to pay the same, the mar- shal shall commit the offender to the citv workhouse as in similar cases. (M. C. sec. 1404.) ARTICLE VIII. OF REGULATIOXS CONCERNING THE S.A.LE OF PERISH.^BLE .ARTICLES. See. 1483. What perishable vesetable.s and fruit to be sold only in orij?inal packajyes at depots. — Receivers of potatoes, onions, cabbage, ai)ples, pears, oranges, lemons, grapes, watermelons, bananas and other perishable goods are i)roliibited from selling the same at railroad de- pots, upon railroad tracks, and public landings, in any but original pack- ages and they are prohibited from selling the same to any person or per- sons except to licensed dealers in said commodities. (]\I. C, sec. 1405.) Sec. 1484. Same — to be sold at refynlar place of business. — It shall be unlawful for those who purcha.se said commodities at railroad depots, railroad tracks and public landings to resell any such goods at said depots, on said tracks or said landings, except in original packages, but they must remove same and sell them only at a regular place of business. (,m\ C, sec. 140G.) Sec. 1485. Sale at place received required. It shall lie unlawful for any ])erson or persons to sell such commodities at any other depot, track or landing than at the depot or landing where same was originally re- ceived. (JI. C, sec. 1407.) Sec. 1486. Penalty— excei)tions. — Any person violating the ju-it- visions of this article shall, ujion conviction, be fined not less than ten dol- lars, nor more than fifty dollars. And in default of payment suffer im- prisonment in the jail prison for not less than five nor more than thirty days; ju'ovided, that nothing liei'cin contained shall ajijily to itiuei-ant venders who peddle fruit from baskets around and witliin railroad passen- ger depots and steamboat landings. (M. C, sec. 1408.) »II.V1- 17.1 OF MAYOR. ggg CHAPTKR 17. OK MAYOK. Sri-. 14S7. Salary. — Tho mayor shall receive a salary of live iliou.sainl dollars piT year, [layalilc moiillily. (M. ( '., see. 140!(. ) No iK'iUu-tiitn rrmii tlu- mayor's salury can hf madi- ln.'caust." he is nliNi-iU from the I'lty on prlvnt>> business: Bates vs. St. Louis. 153 Mo. 18. S.M-. u.ss. .>lay<»r'.s s«M'r»>lH'r, payv and .ianit«»i-— tt'nnro. -The mayor is authorized to (■rii|ilo\ ii\c siiiiahlo ikm-sohs hi aiM as iiia,\(ii"s scri't-Iary. assistant secrctarN . sli-nojiiaiilicr. pajze and janitor, \vho .shall Indd olVirc at llic pleasure of the mayor and ni.iv he removi'd and discharoed In the iiiaMir al an\ lime, itlrd. L'-.'lilld. ainrndiiii; M. ('.. sec. 14111.) See. 14S;). Same— salaries.— The salary of the secretary of the mayor shall he tweiily-tive hnndred dollars |iei- annum: the salai-y oT the as- sistant secretary shall he tifteeii hiimlred dollars |ier annum ; the salary of the stenooi-aplici- shall he nine hundred dollars per annum: the salary id' tjie pa;,'e shall he six hnndred dollars |ier annum: llie salary <>{ the janitor shall he sixty (hdlars pei- mouth: all i>( said salarie.s to he paid monthly. [lb., !imeiidiii{; M. ('., sec. 1411.) Sec. 14!tO. i>Ia>or to convi'iie nninicipal assembly — orfjaniza- tion of new administration. — Tin- mayor .-^liiill immediately after an elec- tion issue his prdclanii'ilioii i-diivciiiiiu' the munieijial assembly on the Saturday siicceedin;; such eleclion, for the juirpose of orjianiziiio; a new adiiiiiiisi ra tion and the installation of the ofticers elect. (M. C, sec. Illli.) S.r 1401 !Miini<'i|(aI asscnildy to determine who electi'd nia>or — n(»tice of iiistallalion of nia,\<>r. The municipal assemhiy. when So i'on\ened. shall proceeil to ascertain fi'om the jxdl hooks of the several wards and certilicatcs of the judges, who has heeii elected mayor, and sliall j;ive notice to the person elected that on the Tuesday following said Saturday, or on some otlier day to he (h'sifrnated by the miiiiici]ial asseiuhly. at twelve o'clock nooii. in the chamber of th(> house of deleoates at th(> <'ily iiall. in the preseiwe of the munici]ial assembly, he will be installed maviu- of the City of St. Louis. (M. ('.. .sec. 14i;{.) Contested election must be In circuit court: State ex rel. vs. Hough. 193 Mo. SIS. 6(0. See. 1492. Installat i«in of mayor. — Upon the day desijijnaled tlie municipal asseiuhly shall meet for the purpose af(U"esaid, when (lie oath of oflice prescrilied by the cluirler, shall be administered to the niayf the assembly, giving not less than llnec days' notice, and shall sjiecially state to them, when assembled, the objects for which they have been convened, and their action sliall be confined to such objects. (]\I. C, sec. 1418.) Sjinii- as Charter, .\rt. IV,' sec, 18, See note thereto. Sec. 1497. Fines and executions under control of. — In exer- cising the jjower to remit lines, costs, forfeilures and penalties imposed for violation of any ordinance the mayor is autliorized to remit the same con- ditionally, when in his judgment such action shall be deemed expedient, and authority is also conferred on the mayor to control all executions issued by the police courts and recall the same and grant a stay of execution in any case on such terms and conditions as the jmblic welfare .shall demand, lil. (\, sec. 1419.) Chart.. Art. IV. m:rovii(leniic Whenever it shall come to the knowledi;e of the mayor that any maii<;nant. infectiiuis or contagious di.sease or i-iiidemic is prevalent in the city, or will pi-obably be- come so, he sliall make proclamation of sucli fact to the inhabitants. (M. C, sec. 142:{.) Charter .-Vrt XII. sec, S; and see Rev. Code. sec. 6.1.1. whicli Is the same as said Charter section. Sec. 1502. I'owers of arrest. The mayor, when he has pHid cause lo U'lieve that an olleii.se has U'crn or is about to be committed aj;aiiist law or ordinance, may summon and examine witnesses in relation tliereto, and upon proper affidavits may issue a warrant l' before one of the police justices, and sh;ill be tried as warrants issued by that of licer. t M. ('.. .sec M2I.I Sei'. l.'>0;5. Towers in case^ of riot. — The mayor shall liave power to call to liis assistauce tlie city jiolice, the military of the city anro]iriation for contingent expenses; jirovided, that the amount so exjieiided shall not exceed the sum of twelve thousand five hundred dollars in any one year. (M. ('.. sec. 1427.) Sec. 150f). Approval of bonds. — The mayor shall ajiprove the bonds of all ajijiointed and elected officers; also, bonds of constables in the city jind all other bonds to the ("ity of St. Louis, excejjt in such cases as may be otherwise pi'ovided by oi'dinaiice or charter. (M. C. sec. 1428.) Approval of bonds, see Charter, Art. IV, .sec. 4; and see also Rev. Code. sees. 1677 to 1684. As to constables see note to sec. 167S; Scheme, sec. 15. Sec. 1507. Execution of appeal and other bonds. — The mayor shall execute all ai)iieal bonds and other bonds which by law or ordinance are required to be executed by the city. (M. C, sec. 1-42!).) Charter. Art. XVI. sec. 6. Sec. 1508. To report violations of duty.— The mayor shall re- port to the council all violations or neglect of duty on the part of any city officer which nia\ come lo his knowledge. ( M. ('.. sec. 1430.) See. 1500. Enuniemtion of otHcers to be appointed by. — The mayor shall appoint, subject to confirmation by a majority of the members of the council, at the times ])rovided by the charter and ordinances tlie following officers, who shall liold their res])ective j)ositions during the i)eriod ])rovided by the charter and (U-diuances, and until their successors shall have been duly a])pointed and (pialified: A street commissioner, sewer com- missioner, water coinmissioiier, harbor and wharf commissioner, jiark com- missioner, gas commissioner, when necessary; [license commissioner*], liealth commissioner, commissioner of supi)lies, commissioner of jiublic buildings; five commissioners on charitable institutious, superintendent of workhouse, superintendent of house of refuge,** superintendent of fire and police telegraph, sui>erintendeut of city hospital, superintendent of female liosjiital, su]ierinteiident of insane asylum, superintendent of jioorhouse, suiierinteiident of (|uarantiiie, when necessary; city counselor, assi)ciate city counselor, second associate city counselor ; assistant city eounselorf. assessor and colleclor of watei- rates, city attorney, assistant city attorney for sec- ond district jiolice court, assistant city atorney for ])olice court s(Mith of .\rsenal street, a police justice for eacli of the polic(» courts of the city, jailor, one district assessor for each assessment district, chief of tlie flre dei>arliiient, milk ins|)(>ctor. city chemist, two regular practicing jihysicians and a commissioner of (lolice to serve as members of !lie board of health, one weigher of scales i'oi' each of the ])ublic si-ales eslablislied by ordinance, one general iuspeclor and me.isni-ei' of lumber, and such dejmty iiis]H>ctors and measurers as may Irom time lo time be necessary, inspector of lioilers CHAP 17] OF MAYOR. 869 and I'levators, and two mumiiIiits of llic Ixiard of ('n};inocM'i< ; one market nias- tci- toi- oacli (if till' markets diilv cstalilislied. a clerk Tor eacli of the jiolice CKiiris. and such oilier (it'ticers as he mav liv ofdinaiice lie re(|uirr(l lo a|i poiiii. (M. C, sec. 1431.) For list of appointees of Mayor to bo appofnteil umliT onUnanres see Initex to liev. Code, under title "Mayor"; for list appointed under Charter provisions, see that title In Charter Inde.v. •The license eoinnilssloner's office was b.v statute expunj^ed and his duties transferred to the license collector, an elective officer created by the same act; see note to Chap. 3(1 of U. C. and to sec. L'1(M and followln(.r. ••Name of House of HefuRe changed to "St. L.ouls Industrial School;" ord. 22145, U. C. sec. 1785. See ne.xt note. tBy ord. 23150 (enacted after the Kev. Code) a Second Assistant City Counselor Is also to be appointed. See. 1510. T«» appoint luaiiajrtT.s of lloiis*' of Krfiifjo.— The iiiavor shall ;ilso a|p|><)iiit. with tiie advice and consent of the council, four com|i''ieni |ieisoiis, who. wilii the mavor. shall constitute a board of luan- apMs of the St. Louis llou.se of Kefujje. I.M. <"., sec. 14:{ll. i By ord. 221(5. approved Nov. 21. 1905. It was provided that the House of Uef- upe should be known as "St. Louis Industrial School." but that no effect e.xcept to change the name be given to the enactment. See H. C. 17So. The mayor by statute Is ex ofHcIo a member of the board of managers and he shall appoint the otiier four members; H. S. ISSIS. Art. XXI, p. 2553. sec. 1. set out in "State Laws for St. Louis." herein. »»n p. Iii2. See. ir>ll. T<» appoint city snrvoyors. — The mayor may also ap- point sui)jecl to contii'iiiation hy a majority of tlie meiiihers of tlie c(uincil, anv nninlter of coin|ieient |iersons who shall he civil engineers, as city sur- veyors. I.M. C, sec. 1433.) .Vs to city Surve.vors. see Kev. C, sec. 23.i-2:!S; also Scheme, sec. 16. See. 1512. rounoil may prefer eharg-es aj>:ainst— proeedure. — The council shall have |n)wci- al any liuu' lo iirdcr ch;ii-i:cs ,ii;aiiisi the mayor for violaiiiii; any oflicial ohiioaiioiis, and should any such j-haroes l)e prel'erred aj;aiiisl the mayor, the council shall [iroceed at once to iiivesti- •;ate and decide the same as provided by cliarter; and should the mayor be by the council removed from office, a copy of tlie decision shall be filed in the office of the register, and the jiresideut of the council shall be ex oflicio mayor for the time being and until a successor is elected and (iiialitied. and he shall issue a iiroclamat ion ordering an electiiui to till the vacancy in the oflice of mayor caused by such removal, in the iiianiier provided by the cliarter and ordinances of the city; jirovided. however, that the mayor shall not be removed from office e.xcept by a tWD-tliirds vote of all the members of the council, five days' notice thereof, and au oiiportunity to be heard by council being given to said officer. (51. C. sec. 1434.) Chart. Art. IV., sec. 12 Sec. 1513. Vaeaney in offl<'e of mayor— liow (illtMl Wlim- ever any vacancy shall happen in the office of the iiiayor from death, resig- nation or any other cause. Ilie president of the council or the speaker of the hot*se of delegates. e.\ (dficio exercising the duties of mayor, shall within thirty days' time from the time such vacancy shall occur, issue his procla- mation directing a special election to be held to fill said vacancy, giving five days' notice of the time and place of holding such election. (M. C, sec. 143.->.) Charter .\rt. IV, ,.i.c. 13. Sec. 1.M4. Special cU-ction for, how liehl— ex«'ei)(ions, — Such election shall be held in accordance with the ordinances and under the regulations prescribed for bidding elections; provided, however. tli:it no 870 REVISED CODE OR GENERAL ORDINANCES. [CHAP. IS. such special election shall be held in the event that siuh vacancy shall hap- pen within six months of the expiration of the time for which the mayor whose office had become vacant had been elected. ( M. (J., sec. 143(>.) See Charter IV. sec. IS; also R. C sec. 16SD. CHAPTER 18. OF MISDEMEAXORS. ART. I, Of offenses against public morals and decency. II. Of offenses against public order and peace. III. Of offenses affecting public safety. IV. Of miscellaneous offenses. V. Of smoke and smoke abatement. VI. Of vagrants. VII. Of dogs. VIII. Of penalties, fines and forfeitures. ARTICLE I. OF OFFENSES AFFECTING PUBLIC MOR.^LS AND DECENCY. Sec. 1515. Drunkenness in public places prohibited. — Any person who shall, in this city, be found in a state of intoxication, in any highway, thoroughfare or other jtnblic place, to the annoyance of any citi- zen or person, shall be deemed guilty of a misdemeanor, and upon convic- tion thereof, be fined not less than three nor more than twentv dollars. (M. C, sec. 14:?7.) Public drunkenness may be prohibited by ordinance: the exhibition of one's self in a condition tending In and of itself to degrade the public morals, annoy and Inconvenience the citizens in the discharge of their daily duties, and destroy the peace, comfort and well being of society is an offense which is the proper subject of police regulation: Gallatin vs. Tarwater. 143 Mo. 40. 45: and sufficient support for such an ordinance is found in the general police power of cities: Green City vs. Holsinger, "6 Mo. App. 567, 569. Lebanon vs. Gordon. 99 Mo. App. 277. But drunkenness is not per %t the subject of legisl.ative prohibition and can be regulated by municipalities only where its existence in the individual is at a place or under conditions where it annoys others: and a sweeping regulation in- terdicting, under a penalty, drunkenness generally, is an invasion of the in- alienable i-ights of the citizen: St. Joseph vs. Harris. 59 Mo. App. 122. See also note to R. C. sec. 1632. Sec. 1516. Indecent exi>osure or dress, etc., or indecent liter- ature or permitting: immoral play.s, etc., prohibited — penalty. — Any })erson who shall, in this city, ajipear in any public jilace, in a state of nudity, or in a dress not belonging to his or her sex, or in an indecent or lewd dress, or shall make an indecent exposure of his or her jierson, or be guilty of an indecent or lewd act of behavior, or shall exhibit, sell or offer to sell any indecent or lewd book, picture or other thing, or shall exhibitor perform, or permit to be exhibited or performed, upon premises under his or her management or control, any indecent, immoral or lewd play or other representation, shall be deemed guilty of a misdemeanor, and upOn convic- tion thereof, be fined not less than ten nor more tiinn three Imndred dollars, (M. C, sec, 1438.) Sec. 1517. Swimming in daytime— prohibited — Any person who shall bathe, wash or swim in the Mississippi river, or in any other water course, jinnd or jiool. in this city, between one hour before sunrise ai:t i.) of offenses against morais and uecencv. 871 and one hour after sunset, beinj; naked or insuriioiently flotlieuvi<-tl()ii thereof, be lined not less llian tifty dollars. Clause second; Any one who shall fre- i|uent a house id' ill fame, bawdy liou.se. or house of l)ad repute. |)rostitu- tion. or of assij^nation. or shall be fmind an inmate of such house or houses, shall be di'omed fjnilly of a misdemeanor, and upon conviction (hereof, shall be lined noi less than leii nor more than one hundred dollars. Clause third: .\uy person who shall jiermit any house, rooms ov lencmenls in his or her possession, or under his or her char>re and control, to be used for the ])ur- pose of i>rostitution, or bouse of bad repute, after ten days' notice from the police commissioners of such use of such house, rooms or tenements, shall be deemeil guilty of a misdemeanor, and upon conviction thereof, shall be lined not less than tifty dollars, ('lause fourth: Any courtesan, jirostitute, Iniwd or lewd woman, or any female inmate of a bawdy house, or house of prostitution, or of assignation, brothel, or house of bad ri'pute. who shall be found waiulering about the streets in the night time, or frequenting beer houses and |ilaces of public resort, or who shall be found enijiloyed singing or dancing in any such house or place, or wlio shall he found employed as a beer carrier or waiter girl in any such house oi- place, shall be deemed guilty of a misdemeanor, and u]ion conviction thereof, shall l)e fined not less than ten dollars, ("lause liftli: Any male person who shall iidiabil, eat or sleeji in any house of prostitution, bawdy house, house of bad re])Ute, or house of assignati(jn, or who shall be in any way connected with the keep- ing, management or control of any such house, or of the bawds or prosti- tutes who live therein, or frequent such houses, shall be deemed guilty of a misdemeanor, and ui)on conviction thereof, shall be lined not less than tifty dollars. (.'lause si.xtli : Any prostitute, bawd, courtesan, or lewd woman who shall ply, or seek to jdy her vocation by word, sign or action, on the streets, alleys, or in any public jdace. or at the door or window of any house or rooms, shall be deemed guilty of a misdemeanor, and ui)on conviction thereof, be lined not less than ten nor more than one hundred dollars. Clause seventh: It shall be the duty of the jiolice commissioners wheiu'ver they become aware of the use of any house, rooms or tenements, for any of the jnirposes mentioned in the ]>receding clauses, to give a writ- ten notice of such fact lo the owner, or agent of the owner, of such house, rooms, or teiu'inenls. ( M. C. sec. 1440.) For ordinance making acta such as drsl^nattnl In olaiiat.' fourth vagrancy, etc.. see R. C. sec. 1832. Chart. Art. III. .sec. 26, clauso fifth, confern authority on the city to "suppress bawdy and disorderly houses, houses of Ill-fame and of asslifnatlon." See Infra on this point. I'nless authorized by law (and then only when eonducteouis may enact an ordinance provlilInK that th- ki^eplng 872 REVISED CODE OR GENERAL ORDINANCES. [CHAP. IS. Of a bawdy 1iou.sp shall be a misdemeanor punishable by fine: St. Louis vs. Mel- , ville. 3 Mo. App. 597 (memorandum opinion). In State vs. Dudley, 56 Mo. App. 450, 1. c. 453, the court says: "Evidence to establish the character of a bawdy house must in most cases be inferential from the nature of the case and hence it must be permitted to take a wide range. In an early case in this state it was held that the refusal of witnesses to testify, on the ground that answers to questions propounded to them would tend to their own degradation ini^'ht be considered by the jury: Clementine vs. State, 14 Mo. 112. In State vs. Bean. 21 Mo. 267, an instruction that the jury might consider the character of the inmates and of persons resorting to the same was approved. In State vs. Barnard. 64 Mo. 260. the Supreme Court held that the fact that the inmates were prostitutes, strongly conduces to establish the fact that the house was a bawdy house." To same effect State vs. Horn, S3 Mo. App. 47. 50. One may be "found employed" as a beer carrier, etc., though she be proprietor of the place: State vs. Canton, 43 Mo. 48. Under a charter (now not in force) authorizing the city to "regulate" bawds houses, the control of this matter is referred to the city and operates to make a license for such house valid, although there be a State law making the same a crime, and such license is a defense against prosecution under the statute: State vs. Clarke, 54 Mo. 17; State vs. Vic De Bar, 58 Mo. 395. A bawdy house or brothel is a house of ill-fame, kept for the resort and com- merce of lewd people of both sexes; and the keeper thereof is a person who acts as master or mistress or has the care, use or management of the house or build- ing in which a bawdy house or brothel is kept and maintained with his kno'wl- edge or assistance: State vs. Horn, 83 Mo. App. 4 7. Sec. 1519. Females — enticement of — penalty. — Clause first: Any person who shall induce, entice or i)rocure any oii-| under the age of eighteen years, to visit, rrefjupnt. or heconie an iiiiiiate. or visitor, or fre- (|uenter of any bawdy house, house of ill fame, or house of assignation, shall lie deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than two hundred dollars. Clause second: Any ]ierson who shall attem])t to induce, entice or procure, or assist in attenijiting to entice, induce, or procure any girl under the age of eighteen years to visit, frequent, or become an inmate, visitor or frecjuenter of any bawdy house, house of ill fame, or house of assignation, shall be deemed guilty of n misdemeanoi-. and upon conviction thereof, shall be fined not less than two hundred dollars. (.Af. C. sec. 1441.) See. 1520. Dram shops, employment in of lew«l women forbidden. — Any keejier of a dram shop, beer house or other place of (niblic resort, who shall em])loy a lewd woman, or any woman having the reputation of a prostitute, as a carrier of beer or any other article, either in the day or night time, or to sing or dance in a lewd or indecent manner, or to permit any such lewd wom:ui to act as bartender in any such house or place, shall be deemed guilty of a misdemeanor, and upon conviction thereof, be fined not less than tifi\ nor more than one hundred dollars. (]\I. C. sec. 1442.) See. 1521. ()|>inm dens forbidih'ii. — Any j)er.son who shall main- tain and kee]i in the city an\ place oi' room where oiiium, or hasheesh, ov any extract of said drugs, or any compound in which said drugs are ingred- ients, is smoked by himself or others, or who shall attend at any room or ])la(e f(u- the ]iur]iose of assisting or aiding any person to smoke opium or hash(>esli. or any extract of said drugs, or any compound in which said di-ugs arc ingredients, shall Vic gnilty of ;i misdemeanor, and upon cniiviciion shall be fined not less than liflv nor more th;in three hundred dollai's. (M. C., .sec. 1443.) ART. I.I OF OFFENSES AGAINST MolIAI.S OK I >I:CE;NC V. 873 Sim- ir>>-2. llldtMUMlt JHlv«'rtis«MlU'Ilts of <'UIM» of VlMlOITJll t" .-itickiufr. <>i" imtliug ii|i in ;iii\ siri'ft. ;ivi'iuit'. (if iillcv. on iin.v w;ill, fclict'. iii' iitlicr pulilic place ill this cilv. aii.v iiidiMtMit of };ios.s. iniiiicd of wfiltcii iitii»' of liis pforcssioiial skill, of I'diicilifs (of the riifiiif; of vciicfcal. or wbal aft' usually rallfd si'cicl liiscascs. or causiiif; tlic same to lie sinck or i)ut up. Of who sliall causi- any such iiiiicct'iil or -ifoss. pfiulcd of wfiltcn advcftisciiu'iit, eitlief as a hill of cifculaf. wlictlicf inclosed in an cnviloiic. Of any olhcf foi-iii. to hi' left in any yard of iifcniiscs at (ached to any dwell iii.U house. Of to he |mi iindef the door, of lo he j;iMMi lo any scfvant of olhef |ie]soii in Of alioiit such dwelling' house, shall lie deemed iiuilty of a niisde- ineaiinf. and upon conviction thefeol". lie liiicil imi less than lifly iiof iiiofe than live 1iiiih1ic(I dollars, i .M. ('., sec. llll.i Sec. 152:5. \ »'iu'r«'al (lis»>as»'s tiisdilMidon on streets of books, ete., treatinjr of, [»r4»hibi(ehlei. ciicular. handliill. advert iseiiient or notice of any kind piii'poflin^ to ireat ov treatiiif: of di.seases known as ••venereal diseases." describing; or expiaiiiiiif; or purportinj: to describe or exidain the j;eiiital or<;ans. f;ivinf; or ](urportinf!; tt) ijive the nature and remedies of diseases jte- ciiliar lo female and uterine disea.ses. or the nature or causes of nervous de- bility, impoteiicy. stei'ility or barfeiiness. private disea.ses or (he remedies tliefefiif. or the causes or remedies for abortion or miscarriaj;!' or ai-licles or means of preventinf; conce|ilioii. shall he deemed guilty of a misdemeanor, and u|)on conviction thereof, shall be lined in a sum not less than tifty dol- hii-s nor more than live hundred dollars for each and every olVciise and \iola timi of this .section. (M. ('., sec. 14-ir(.) Sic. l.M'i. IMihliealioiis ;is (o \eiier«'al roliilii(ed — No [any] peison of pel-sons [who| shall .sell or oiler lo sell, j;ive or olVer to f;ive awa.v. distribute or have iu liis or her possession with intent to irive away, sell or dislribiite in or upon any street or sidewalk or jiark of |iublic prop- erty of llie City of St. Louis, any book, pamphlel. circular, handbill, adver tiseiiieiit or notice of aii.v kind <;iviii^ or piirporliii}; lo i;ive informalion from whom or where medicine or an\lhinji whatever may 1 btained for the cure. prevention or treatment of uterine disea.ses. or di.seases peculiar to females. \eiiefe.il disea.si-s of disea.ses of the ■;eiiilal off:aiis. or nervous debility, im- poteiicy, sterility or barrenness, private di.sea.ses. abortion or miscarriafie. or articles or means of jireventin;: conception, shall be deemed ffuilly of a iiiis- deineaiior. and upon conviction lliereof, shall lie lined in a sum of not less than lifly dollars nor more than five liiindred dollars for each and every of feiise and violation of this sect ion. i M. ( '.. sec. I I !•; i S.e. i.")2.">. Same — newspaper advert isi'inents pndifbited. — .\n.\ person who shall in the ('it.\ of St. Louis, advertise or can.se to be ad- xertised in any newspaper printed or circulated in .said city, or who sliall print or |iiiblisli any adverli.seineni or notice in any newspaper iirinted or cinul.'ited as aforesaid, purportini; to -iive iiiformalion as to the treatment of venereal or private or womb disea.ses. or iiii|ioteni-y. self abuse, sterility or any disease perlainin;; to the ;;eiiiial or;;aiis. or purport in;r to ;,'ive in- formation from whom or wliere medical treatment or medicine ina\' Ik' pro- cured in the above nieiitioiied eases, or any of them, shall be {jnilly of a 874 REVISED CODE OR GENERAL ORDINANCES. [CHAP. IS. misdemeanor, aud upon conviction, shall be lined not less than flifty nor more than live hundred dollars for each and every offense. (M. C, sec. 1447.) Sec. 15'2(i. Guiiibling device — settinjf up, prohibited. — Every person who shall set up or keep any table or ganibliug device in the City of St. Louis, commonly called A B C, faro bank, E O, roulette, equality, keno or any kind of gambling table, or gambling device, adapted, devised and designed for the purpose of i>laying any game of chance, for money or property, aud shall induce, entice or jiermit any person to bet or play at or upon any such gambling table or gambling device, or at or upon any game played only by means of such table or gambling device, or on the side or against the keeper thereof, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than ten dollars nor more than five hundred dollars for each and every offense. (M. C, sec. 1448.) A fair and reasonable Inference from the evidence tliat defendant is in charge of and sets up tlie game, is sufficient, though tliere be no direct testimony to that effect; St. Louis vs. Wiley, 8 Mo. App. 59T. "Crack loo" is a gambling device; Canton vs. Dawson, 71 Mo. App. 2?,o, citing State vs. Flack, 24 Mo. 378. Whether under the State statute playing cards are a gambling device, see State vs. Herryford, 19 Mo. 377; State vs. Mohr. 55 Mo. App. 329; State vs. Torphy, 66 Mo. App. 434; State vs. Purdon, 3 Mo. 114; State vs. Gilmore. 98 Mo. 206. I.ottot Lowry vs. State. 1 Mo. 722. Horse Rnee: State vs. Hayden, 31 Mo. 35. State vs. Lemon, 46 Mo. 375. Gun iind Target: State vs. Bryant. 90 Mo. 534. Crap Tablet State vs. Lockett. 1S8 Mo. 415, and cases cited. Under the State law it was not necessary in order to constitute the offense of entU-int: anil perniitlinKi etc.. that money be bet. etc.: State vs. Fulton, 29 Mo. 680; State vs. Smith,/*. 683. Tile repeal of an ordinance i)rohil)iting- tlu' setting up and keeping of gaming tables, except as to offenses committed. Is valid: Kansas City vs. White, 69 Mo. 26. Sec. 1527. Gambling device — bettiiijj on— forbidden — Every person who shall in the City of St. Louis, bet any money or property of any nature whatsoever upon any gaming table, bank or device, prohibited by the preceding section, or at or ujjon any other gambling device, or who shall bet u])on any game played at or by means of such gaming table or other gambling device or who shall loan or furnish any money to any other per- son to bet as aforesaid, and the same shall be so used or who shall in any manner be interested in any such playing or betting at such device, shall be guilty of a misdemeanor, and ujion conviction thereof, shall be fined not less than five dollars nor more than twenty-five dollars for each and every otrense. IM. C, .sec. 144;i. ) See note to preceding section. A fair inference from the evidence that defendant was playing keno for money is sufficient though there be no direct testimony; St. Louis vs. Sullivan, S Mo. App. 455. Sec. 1528. Ganildinj; device — penalty for perniittinjj: prem- ises to be used for. — Every i)ersoii who in the City of St. Louis, shall knowingly jiermit iuiy gambling table, bank oi' device to b(> set up or used for the ])uriiose of gaming in any lunise, building, shed, booth, shelter, lot or other premises to him belonging or by him occui)ied. or of which he has at the time the jiosscssion or control, shall be guilty of a misdemeanor, and AKT I 1 OV OFFENSliS AGAINST MOUALS OR DECENCY. 875 Upon coiiviction thereof, sbtiU be fined uot less than ten nor more than four IniiKirt'il liiilars for (>ai-li and every such olfense. (M. C, sei'. H.")!).) Ser. lo'JK. Coiiiiiioii ;;aiiiiii^-lioiiM(> — proliiliitcd. — Kvci-y person who sliall in llie ("ii\ of Si. Loiii.s, .-^ci uji and kei'|i a c uiiiiuon {:;aiain},' luiuse, shall lie j;nilty of a Tiiisch'iMeanoi-. and upon conviciion ilu-reof, shall lie fined not less than ten dollars nor more than live hundred dollars for eaili of- fense. (M. C. spc. 14ril.) Occasional games of poker privately played with acquaintances for mon-^y In Ills room does not make one tlie keeper of a common (;amin»; house: State vs. Mosby, 53 Mo. App. 571. (holding also that evidence of eeneral reputation of de- fendant and those who freiiuented the house was admissible, and also that a common Kamlng house may consist of n single room rented in a houso of many rooms and not open to the whole public, nor exclusively used for gaming). A gaming house may consist of a boat: State vs. Metcalf, 65 Mo. App. 681. In upholding an Ohio statute the U. S. Supreme Court recently said in Miirvin vs. Trout, \9'J V. S. 2\2: "For a great many years past gambling has been very generally in this country regarded as a vice to be prevented and suppressed In the interest of the public morals and the public welfare. Tlie power of the state to enact laws to suppress gambling cannot be doubted, and. as a means to that end. we have no doubt of its power to provide that the owner of the building in which gambling Is conducted, who knowingly looks on and permits sueli gam- bling, can be made liable, in his propery which Is thus usIinrohiliiied by the precediii}; provisions, or for the iiurjiose of beinj; used and ki'|it as a •;amin;;honse, shall be f^uilly of a iiiisdciiieanor. and n|ioii con- \irlioii thereof, shall be lined nol less than ten dollai's nor more than live liundi't'd dollars for each and every dH'ciisc. i .M. ('., sn. It. ')!!.) See. 1531. (liiiiihliiifr device — keeper of, .S:{. I,of f eries — proliil)it«'d. If any person shall make or establish or aid or assi.si in making' "C i-sijiblishinj; anv lotterv. };ift or en- 876 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 18. tei-pri.se. or scheme of drawing in the nature of a lottery, for any purpose in the City of St. Louis, or shall advertise or make public, or cause to be advertised, or made pulilic. Ity means of any newspajHT. jianiphiet. circular, or other written or printed notice thereof, pi'inted or circulated in the City of St. Louis, whether the same is being or i.s to be conducted, held or drawu within or without the City of St, Louis, he shall be deemed guilty of a mis- demeanor, and upon conviction thereof, shall be fined not less than ten dollars nor more than five hundred dollars for each offense. iM. <\. sec. 14.jr).j As to violation of State statute see State vs. Kaub. 15 Mo. App. 433; /*. 90 Mo. 196; State vs. Mumtord. 73 Mo. 647; State vs. Russell. 17 Mo. App. 16; State vs. Bruner. 17 Mo. App. 274; State vs. Harmon. 60 Mo. App. 48; State vs. Pomeroy, 130 Mo. 489; State vs. Wilkerson. 170 Mo. 184. A city ordinance is valid notwithstanding a State statute on the same sub- .lect; and the ordinance is enforcible by tine and in default of pa.vment by im- prisonment in the workhouse; Ex parte Kiburg, 10 Mo. App. 442; and the ordi- nance is valid though it provides a more definite fine and penalty than the stat- ute; this does not create any repugnancy between them: Kansas City vs. Hallett. 59 Mo. App. 160; see also Kansas City v.s. Zahn. 73 Mo. App. 396. As to when distri- bution of prizes to subscribers of a newspaper by the proprietors, in pursuance of a pre-arranged advertised scheme, though no tickets be sold, operates as a lottery, see State vs. Mumford, 73 Mo. 647. One having a license for a show or exhibition, prohibited from running a lot- tery by R. C. 1595. Sec. 1534. Lottery tickets— sale of, prohibited. — Any person who shall in the City of St. Louis, sell or ex]»ose to sale, or cause to be sold or exi)o.sed to sale, or shall keeji on hand for the purpose of sale, or shall advertise or cause to be advertised for sale.' or who shall print or jmblisli such adverti.sement, or shall aid or assist, or be in anywise concerned in the sale or exposure to sale of an_y lottery ticket or tickets, or any share or I)art of any lottery ticket in any lottery or device in the nature of a lottery, within the (."ity of St. Louis, or elsewhere, and any jieison who shall in the City of St. Louis advei-tise or cause to be advertised, the drawino- of any selienie in any lottei-y, or shall jjrint or j)ublisli such advertisement, shall be guilty of a misdemeanor, and upon conviction thereof, shall be lined not less than ten dollars nor more than five huudrea dollars for each offense. I -M. (".. sec. U.")t>. ) See note to preceding section. Sec. 153.5. Lottery, etc., lettinj? of premises for prohib- ite I'lOACE. 877 rrri Id ilii :iii\ unlaw I'lil act uiili lurcc or violence, ajiainst tlii> property of ihis cily. oi- Ilic persim or pro|)crl.v of aiiotlier. or a^ainsl llic |K'ace or to llu- lcri-oi- of oilici's, and sliall make anv inovcnieiil or preparation llicrefor, anil everv person jiresent at such nieetiiiij or assenililv. who shall iiol en- deavor to prevent liie eoinniission or perpelral ion of sneli unlawl'nl aet, shall lie deeiiied };nilty of a. niisdeineanor, and n|ion eoiivietion thereof, be fined not less than ten nor more than til'i.v dollars. (.M. C.. see. 14.")S.) Charter provisions as to riots, sli- .Vrt. Ul. sec. 26. clause 9: Mayor's powers In case of riots, R. C. sec. 1G04. See. 1537. Disturbances of (lie peace— ussau It, etc.— penalty .\ny person who, in this city, shall distiirli the jieace of others liy violent, liiiniiltnons. olVeiisive or ohstre]ierons condiicl or carriaj;(>. or hy lond and iiniisnal noises, or liy nnseemly. inorane, olisceiie or ot'ensive laniiiiafie. cal- ciliated to provoke a breach of the peace, or by assaulting;, strikinj; or Hj;ht- ill}; anoiher; or any person who, in this city, .«hall permit any such conduct in or upon any house or ])reinises owned or ]iossessed by them. |iiini]. or nn der (his| their maiiai;ement or control, so that others in the vicinity are dis- nirlicd thereby, shall be deeiiied irililly ol' a niisdenieailor. and ii]ion convic- rion thereor. be lined not less than live nor more than live hundred dollars. M. (•.. .s,.,-. 1 ».->!». I A municipality may pass an ordinance against disturbance of the peace, thouFch there Is a State statute, (not Inconsistent with It) on the same subject: niasKOW vs. Baznn. 96 Mo. App. 412. An ordinance providing that "every person who shall willfully disturb the peace by loud or unusual noise, by blowing horns, trumpets, or other Instruments, or by any other device or means whatsoever, shall be deemed guilty of a misdemeanor." Is not violated by parties engaged In a "charivari" unless the effect Is to disturb the peace and quiet of the citizens or sonii' of them. St. Charles vs. Meyer. ?>H Mo. 86. .4 peace officer's personality Is merged In his official position and his peace cannot be disturbed by the offensive l.inguage of one of a crowd which he Is trying to disperse: Salem vs. Coffey, 113 Mo. .\pp. 67.'.. [See. l.")37u. Tlirou int; confetti. Hour, etc.*] S. c. l.").is! Sunihix orotJM'i- day — tlisf iirliance of |)ea«"e <»n — sweariii};, cannin<; lieer, l<»afin An ordinance to amend Chapter Eighteen of the Municipal Code by adding a ne%v section, to be known as Section Number Fourteen Hundred and Fifty-nine A. Be It ordained by the Municipal Assembly of the City of St. Louis, as follows: Section One. Chapter Eighteen of the Municipal Code Is hereby amended by adding a new section, to be known os Section Fourteen Hundred and FIfly-nlne A. as follows: S»>ctlon Fourteen Hundred and Fifty-nine A. Any person who. In this city, shall on the public streets or highways or In the public parks, or other places where the public congregate. to! PEACE, 879 S.c. 154.>. Whist h'H, wli;i( not to lu* blown. — lit reafter, it slwill not Ih' lawl'iil liir tlu' owner ov owners, aycuts, Icsst'cs, supervisors, siiperiiiteiitleiits, workiiieii or eiiiployos, in anv capacity, of auj' sawmill or factory of any kind, or of any inachine slioji or foundry, or mill of any kind, (o l)low, or sound, or cause or permit to lie Idowii or sounded, for any pur- pose wiiatever, any steam whistle within the city, aliout or connecled in any manner wilh any sawmill, factory of any kind, machine slioji. foundry or mill of any kind, of which he or ihey are the owners, at;ents, siijterxisors. superintendents, workmen oi' employes. (M. C, .sec, 14(1").) Sec 1544. IN'iialty. - -.Vny person oll'endiii'; af^ainst the next forego- inj; section shall l>e deemi'il fjuilly of a misdeiiu'anor, and upon conviction thereof he tined not less than live nor more tlian one liundred dollars, but this article sliall not he so construed as to iirev(>nf the usje of ste;ini whistles on steamlioats or locomotives within the city. i.M. ('., sec. 14titi. i See. l.")4r). Fal.si' alariit of lirt'— pi'iialtj. — Any person who shall intentionally in this city {iive or make a false alarm of fire, shall be di'emed j^uilty of a misdemeanor, ami upon conviction thereof, lie linc^d not less than lifty nor more than two hundreil dollars, i M. ("., see. 14riT.i Sec. I.j4ti. Kin;;iii;;- bell.s lor auction— penalty. — Any per.son who shall, in this city, emjdoy any bell man, or use, lu* cause to be used, any hell or other soniitlin;; instrument as means of attracting; peojile to an auction or other place, or shall ]ierinit any such to he used, for or on his account, shall he deemed ;iuilty of a misdemeanor, and upon c(Uivictiou thereof, lie lineti not less than live nor more than lifty dollars. (M. ('., sec. 14(i8. ) See. 1.547. Hand orf^ans or otlu-r iiuisieal instrument — pro- hihiteil — ex<'ei»t in parades. — No license shall be ^'ranted to .iny per- son who shall carry alioiii ihe streets any hand or^an or other musical in- strument for the purpose of playinj; music thereon, either on any street, alley or public hij;liway, or in any housi>, for f;aiii; and whoever shall can-y such or;;aii or instrument fdr such jiurpose, shall be deemed fiuilty of a mis demeanor; provided, that this section shall luit be construed to refer to inusii- rei|uired for a military parade, burial or other proc(>ssion, or sere nadin;; |iarty. 1 M. ('., sec. 14(!!l. ) See. 154.S. Carrviu}; sluu}; sluits, brass UnuckleM, etc. — pen- alty. — \\lieiie\er there shall U- found uiion Ihe person of any one who has been found guilty of a breach of the peace, or of conduct calculated to pro- voke a breach of the jieace, any sluu}; shot, colt, or knuckles of lead, brass or other metal; or when upon trial, evidence shall be adduced proviii}! that such weapons were in the pos.sessioii or on Ihe person of any one while in the act of commission of the acts aforesaid, such person shall be deemed guilty of a misdeiiieanor, and on conviction thereof, shall be lined not less than fwenty-liv(> dollars nor more than ti\(' hnndred dollars. ( M. ('.., see. 14711.) S.c. l.')4'.). Snni«' — ouis shall display identification numbers as herein ]>rovided. Such mimbers shall be not less than five inches high and the line marking the numbers shall be white and be five-eighths of aninch wide at every point and such numbers shall be placed at least three-fourths of an inch a])art. (Ord, 2]:u;3, sec, 1,) state law, see acts 1907, pp. 73-79, providing for numbering, licensing, giving right of way to other vehicles, lights at niglit. penalty, etc. And see State vs. Cobb, 113 Mo. App. 156. as to former act of 1903. As to ordinance requiring automobile licenses see R. C, ISll. •For offenses connected with use of streets and highw,i\'s see R. C. Chap. IX. Art. XI. sees. 1208 rl st(/- rilAI'. IS.l OK OKKIONSICS A1''1-'I:i:TINO TIIIC PfBMC SAKKTV. g81 St'i-. 1504. Same — sij^iis — luinibors— plate— ooiiditioiiH. - All Sllcll IUIImIm'I'S ^ll;lll \>r {i;liuli'il (in lihirk iil' Mile sil^lis ill' |ihli|lli'S iif Wiidil. iiiclal (>i- Icntlicr. or ilirci-rly on llic iii:ii'liiiic itscll'. |ii'o\ iiicd the iiiiicliinc lie |i;iiiili'ti lilacU :il this (liirtiiular pliicc; itiid such si^iis or ]il;i(|iics shiill lie so altaclu'd to the iiiailiiiit' that tlit'v will not sway in any direction indcjicnd ciitly of the motion of such machine. The numbers shall bo of Arabic nu- mei-als. 'riie nundiers to bo displayed on said automobih'S as herein pro- vicieij shall correspond with the inimber of the operaliiij^f license taj^ or jilato issued to the owner of said auloiiioliile. proviilinji furtiier that a liceiise- tai,' or plate beariiij; numbers and attached to the niacliiiie ami li-^iiled at ni^iht as herein provided may be used as ii full coii»pliance with the pro visions of tliis ordiuanue. (lb., sec. 2.) Sec. 1555. Same — where placed. — Sucii luindx-rs siiall be dis- playetl on the rear of the machine in jilain sijjht as nearly as jiossible in the midiile of the machine, ami siiall be low eiiouj;h so as not to be hidden by the hood or any other obslruciioii on the machine. (lb., si'c. ;{.) Sec. l.'Mii. Same — lijjlits to be <'arries when in use on the streets shall have and keeji a lij;hied lamp or lantern from sunset to day break which shall throw a red light directly to the rear of the machine and a white lijilit on tlu> nuiidu'rs in such manner a."' to make such nundiers plainly visiliie and le>ril)Ie. (lb., sec. 4.1 See. 155". >Iis«leiiieaiu»r — penalty — forfiMture of lieeiise. — .\ny person, firm or i-oi'iioral ion \iolalinij;. disobexini;. iie;;l(>cting or refus- iiii; to com]ily with any of the prox isions of the ju'ecedin^ four sections shall be subject, on conviction, to a ]ienalty of not less than live luir more than twenty-live dollars for t-ach oll'eiise and in the discretion of the mayor to a revocation of the aulomoliile license of tiie person operating any automobile at the time of any violation of said sections. (lb., sec. 5.) St'o note to s«'c. ISaS siiprii. Sec. 1558. Fast clriviiijj: — loose or iiii^iiarded aiiimalH — eruelty to animals — misdemeanor, ete.— Any person who shall, in this ciiy. ride or ilii\f any animals in any hi;;hway. thoroughfare or |)ublic place, (|uicker than or beyontl a moderate gait, or shall not slacken the jiace of suili animal or animals in aiiproaching any crosswalk njion which any person may !«' in the act of crossing, or in the act of approaching or leaving a striH^ car; or shall ride or drive any such animal so as to cause such ani- mal or any vehicle thereto attached, to conie in c(dlision with or strike any other object of other jierson, oi' shall leave any such animal standing in any pidilic place without being fastened or so guarded as to prevent its running .iway. oi' shall turn any such animal loose in any thoroughfare, oi- shall in- humanely, nniii'cessarily or cruelly lieat, injure or otherwise abuse any (lundi animal, shall be deemed guilty of a misdemeanor. (M. C, sec. 1-173.) .\t ciininuin law one who leaves a liorso loose anil tiiiuttended In a street la rc.ipon.ilhio for Injuries clone by Its running away: Becker vs. Schutte, sr. Mo. App. 57, 63. As to rntpltv to nnlmnl?. son thn mnro rnmprt^tienslv,:' provisions of R. C. sec. IrtilT. rl sfi: St»c. 1559. Hells on animals proliihited — ex<'ep( ions. — Vny per- son who shall, in this city, ride or drive any animal witli a bell or bells of any descri|>lion ;itlached thereto, shall be deemed guilty of ;i misdemeanor. This sf^clion shall not (wteiid to str.-ingers passing through the city, nor to the use of Im-IIs upon horses driven to sleighs or sleds, when there is snow upon the ground. ( M. ('.. sec. 1474.) 882 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 18. Sec. 1560. Sleiffhs without bells— prohibited. -Any person who Bhall, in this city, drive any animal liarnessed to a sleigh or sled, without a bell or bells attached to said animal, shall be deemed guilty of a misde- meanor. (M. C, sec. 1475.) Sec. 1561. Rules of the road on hijjhways. — In all cases of persons meeting each other in vehicles in any highway or thoroughfare in Ihis city, each pei-son so meeting, shall turn off and go to Hie right si(h' of the highway or thoroughfare, so as to enable such vehicles to pass each other without accidents; provided, however, that any person driving on any street or railroad track in the direction that the rail cars are running, shall be entitled to the right-of-way, on condition that he sliall not imjjede the progress of any rail car running on said track. Any person who shall vio- late this .section shall be deemed guilty of a misdemeanor. (M. C, sec. 1476.) Ord. 2306S (passed after the Rev. Code) provide.s for the paramount right of way of the ambulances of the Board of Heiilth. Sec. 1562. Kite-flyinf? — Avhen i)rohibitement in (he (^ity of St. Louis. The violation of this section shall con- stitute a misdemeanor, and the offender on conviction shall be fined not less than twenty-five dollars nor more than three hundred dollars for each of- fense. (M. C, sec. 1481.) Sec. 1.567. Proprietor responsible, — The proprietor, conductor, manager, agent, or any oiher person having charge or direction of such ex- ART III] OF OFFENSES AFFECTING THE Pl'BLIC SAFETY. y83 hiliitiuu, theater, or ])l:i(e of aimiseineni in the ("ity of St. Louis, shall be held respousiliie ami lialile for any aiiti all violations of the ne.xt preceding section ha|i[ieninj; at the places so under his charj;e to the same extent and ellect as if he hail persouallv done the thinj^s hcnin inoliihited. (M. C, sec. 1482.) Sec. 16(iS. Elinors— roiidltioiiM of sah» to, of aiiiiiiiiiii(i<»ii. — No jierson shall sell to any cliihl iimler the a^e of si.vleeii years, without the written consent of the parents or guardian of such child, any cartridge of fixed aiuniuuitioii of which any fulminate is a coin])oueut part, or any gun, pistol or other mechanical contrivance arranged for the explosion of such cartridge, or of any fulminate, i M. i;., sec. 1483.) See. 15l)ii. Penalty. — Any pei'son or per.sons violating any of the provi.sions of the next i)receding section shall he deemed guilty of a niisde- nieauor. and upon conviction thereof, shall be lined in a sum not less than fifty dollars nor more than two hunplies. — The provi- sions of this chapter and all ordinances relating to misdemeanors shall ex- tend to any briilges and their apjiroaches within the city limits, and the po- lice ofticers of this city, as well as any sjiecial officers of the bridges, shall have power to make arrests on said bridge within the city limits for all vio- lations thereof; jirovided. that the City of St. Louis shall not incur any ex- pense whatever attending the making of arrests under the jirovisions of sections 1570 and 1572. iM. ('., sec. 1487.) Sec. l.')7:j. Penalty. — Any [person who shall violate or fail to comply with any of the provisions of this article, except as hereinbefore provided, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than five nor more thau two hundred dollars. (M. C.. sec. 14,S8.l Sfc. 1574. Cattle — lionrs for tlrivin-j: in streets. — Whoever shall, in this city, between the hours of eight o'clock a. m. and nine o'clock p. m., during the months of November. r>ecend)er, January and February, and the hours of seven o'clock a. m. and ten o'cbick p. m., during the months of March, .\pril. May, June. July. .Vuguat, September and October, drive or assist in driving, any horned cattle, along, through, across f>r ujion any 884 REVISED CODE OR GENERAL ORDINANCES. [CHAP. IS. street, allev, laue, levee or other highway within the limits of the city, ex- ceptiiig the itiil)lic wharf north of North ilarket street and south of Barton street, and whoever, being the owner, driver, or other pei'sou having charge of cattle, who shall, between the hours aforesaid, through negligence or other cause, })erinit any steer, cow or bull to escape, go or be upon any street, lane, alley or other highway within said city, except that part of the public wharf above mentioned, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than five nor more than fifty dollars; but nothing in this section shall be so con- strued as to prevent farmers or others transferring during day-time, through any and all parts of the city, any milch cows accoinpauied by their calves, or prevent butchers or others from transferring cattle in droves of not over twenty-flve in number from the stock yards, between the hours of half-])ast nine and half past eleven o'clock in the forenoon, and l)etween the hours of one and four o'clock in the afternoon. (M. C. .sec. 148!).) It is competent for a city having a charter authority to provide for the safety of the lives and property of the inhabitants, to regulate, by ordinance, the driv- ing of horned cattle through the streets: St. Louis vs. Rothschild. 3 Mo. App. 563. Sec. 1575. Cattle — regfulatioiis for driving:. — Any person being in charge of, or exercising control over the cattle herein mentioned, who shall drive or permit to be driven along, through, across or upon any street, alley, lane, levee or other highway within the limits of the City of St. Louis, any drove of cattle more than fifty in number, or who shall permit the cattle in his charge or under his control to be driven within said city, at a rate of speed exceeding three miles per hour, or who shall drive or permit to be driven a drove of cattle nearer to any other drove than one ordinary city block, or who shall drive any horned cattle without having drivers or at- . tendants therefor, as follows, viz.: One driver for ten head of cattle or less ; two drivers for twenty-five head or more than ten ; three drivers for any number over twenty-five and not to exceed fifty, or who shall drive or jier- mit any hogs, sheep or other animals to go upon or aci'oss any sidewalk or grass plat adjacent to a sidewalk, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be jjunished by a tine of not less than five nor moi'e than fifty dollars, i il. C. .sec. 1490.) Sec. 1576. Police — duty of. — It shall be the duty of the police to aid and assist the city marshal in taking u]) and impounding any cattle driven through, across or ujion the streets, alleys, levees or other highways within the city limits, contrary to the provisions of this article, which cat- tle shall be disjiosed of in accordance with the provisions of section ir)7S. (M. C, sec. 1491.) Sec. 1577. Precediiijf sections construed. — Nothing in the next preceding sections shall be so construed as to ])reveut the St. Louis. Iron Mountain and Southern Railway Company and river steamers, transferring during the day time, stock from their yards and boats, between ^filler street and Park avenue, across the levee to the transfer boats; jn-ovided, also, that all yards located within three city blocks of the levee, shall have the right to have cattle di-iven or led from said yards to the levee, and along the levee to the point of destination, on the following described streets and none other; From Second street between Chouteau avenue and Sycamore street to Sycamore street, along Sycamore street to Main street, along Main street to Chouteau avenue, along Chouteau avenue from Main street to the levee; also from liroadway between Warren and Montgomery sli'eets, along IJroadwa^' to North Market street, east on North Market street to Main AKT. IV.] OF MISCELLANEOUS- OFFENSES. 885 .strtH'l. soiiili (III .Main .street to Riddle, east on Jtiddle to the levee, and along the levee; (roiii levee In Cass avenue, aloii;^ ('ass avenue to Seeond street, alony Seeond street to NOiili Market street, along North Market sta-eet to Hall street, thence iinrih on Mall street. (M. C, sec. 1492.) See. 1578. ("at lie, hoj^s, ot«'., o.slray — di.sixt.sition of. — No goat or goats, or liogs ot anv description sliall lie iierniitled to run at large within the old limits of the cilv; and no cattle shall he allowed to run at large within the said old limits ol' tiie oit\'. All cattle, goats, liogs or jiigs loviud running within the limits from wiiich they are hereby excluded shall he taken up hy the city marshal and placed in some secure pen or pound, to he I>y him pi'ovide«»iin(h'tl cattle, I'lc, to be sold. — Whenever any cattle, goats, hogs oi- jiigs are thus taken uji, it shall he lawful for the city marshal, and it is herehy made his duty, to sell the same at auction, to the highest liidder. for cash, after having given five days' notice, hy ad vertising in the newspapers doing the city printing, of the time and place of such sale; and the place of such sale shall he the city dog pound, and mode of such sale, hy selling each animal sejiarately; and the moneys aris- ing therefrom shall, after the ex]iense of taking up and selling the same are deducted, he jiaid over to the owner or owners, on their proving (o the city marshal that such cattle, goats, hogs and pigs belonged to tlieiii; hut if no owner ajipear within thirty days after such sale, the sai of iiiarslial as to estrays. — It sliall be the duly of the city marshal at all times to take up any and all cattle, goats. hogs or pigs running at large within the above described limits, ami em- ploy two or more persons to aid him in carrying into etl'ect the ])rovisions of this article, who.se compensation for taking n[t said animals shall not ex- ed fifty cents jier lieud. (M. ('.. sec. rU)."). i Sec. l.'jSl. Expenses — liiiiitatioii of. — All expenses for taking uii and .selling cattle, goats, hogs or jiigs shall not exceed two i|oll;iis jn r \\v:\i\. I M. C, sec. 149G.) AKTICLl-: IV. <>F MISCICLLANKOrS OFFENSES. .S.I-. 15SJ. Takinj; hooks, et<'., from |>iihlic library. — Every pi-rson who shall take from the public i f rec i libf:irv ;iiiy book. |i:im|ihlet, periodical, paper or i>tlier property, except in accordani-e with the rules of 8S6 REVISED CODE OR GENERAI^ ORDINANCES. [CHAP. 18. such library, shall he deemed guilty of a misdemeanor, aud on conviction thereof shall be punished by a fine in the sum of not less than five dollars nor more than twenty -five dollars for each offense. (M. C, sec. 1497. 1 See. 158.S. P'aihire to return books, etc., to library Every person who shall take or borrow from the public (free) library any book, ])auiphlet, periodical, paper or other property, and neglect to return the same within two weeks from the date of mailing a notice to his address, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine in the sum of not less than one dollar nor more than ten dollars for'eacli offense. (M. C, sec. 14!)S.) Sec. 1584. Mutilating ami marking books, etc., of library. — Every person who shall willfully and wantonly cut, mutilate, mark, tear, write upon, deface or otlierwise destroy «r injure in whole or in part, any book, jiamphlet, periodical, map. document, picture, or written or engraved or {iriiited j)aper, belonging to the jiulilic (free) library, or shall suffer any such injury to be inflicted while such property is in his custody, or shall wilfully or wuiitoniy injure any of the furniture or property in the building of the library, shall be deemed guilty of a misdemeanor, and upon convic- tion thereof shall be punished by a fine in the sum of not less than five dol- lars nor more than one hundi'ed dollars. (M. C, sec. 1499.) Sec. 1585. Fines to be paid to free library fund. — All fines collected under the three preceding sections of this article shall be paid over to the free library fund for the use of the library, and it shall be the dutv of citv attornevs promptly to prosecute all violations of said sections. (M! C, sec' 1500.) See. 1586. Spitting in public vehicle or public place prohibi- ted. — Sj)itting upon the tioor. platform, sides or steps of any railroad or rail- way station, or I'ailroad car, or street car, or upon the lloor, platform, stejis or walls of any jtublic building, hall, church, theater, market, elevator in public or private building, or ujjou any sidewalk, or upon any walk in any park or public place, is hereby declared a misdemeanor. (Ord. 20990. sec. 1.) Sec. 1587. Same — i>enalty, — Any person violating the provisions of above section, upon conviction shall be deemed guiltj- of a misdemeanor and punished bv a tine of not less than one dollar nor more than five dollars. (Th., sec. 2.) See. 1.588. Same — whose duty to enforce — It shall be the duty of the police officers of the city to arrest any person found violating any of the provisions of section 1.^8(i; it shall be the duty of every street ear con- ductor, janitor of a building, or any person in charge of any car. public building or public jjlace, or park, to watch for and cause the arrest of any person violating any of the provisions of said section. {lb., sec. 3.) Sec. 1589. Same — who to post copies of ordinance — It shall be the duty of all persons having charge of railway or railroad stations, street cars, public platforms, halls, churches or theaters, to have a copy of sections 158(1 to 1589 inclusive framed and posted in conspicuous places. ill)., sec. 4.) Sec. 1590. Advertising matter, etc., not to be put on poles, etc., sidewalks, etc. — Any person or officer, agent or cin])love of any cor- AKT. I\M OK MISCELLANEOUS OFFENSK.S. 887 poratioii or iissocialiiui. wliti shall slick, iiaiiil. Iwaiid. staiiiii. altacli, liaiig or suspend, ii|)i)ii aiiv lioiisc, rciice or wall, willioiit llic (•(Hiscnl of the owner, a;;(Mit, or tenant thereof, or upon anv pole used for the purpose of carrying electrical conductors, or upon anv street or sidewalk pavement, or other public place, anv i)rinted, written, jiainted or other advertisement, bill, notice, sign or poster, shall be deemed guillv of a misdemeanor, .ind u]ion conviction (hereof shall be lined not less than twenlv live dollars nor more than live hundred loye of any cor])oi'ation or association, who shall aid, abet, advise or assist any other jierson in committing the otVen.ses specitied in this section, either before or after tlie fact shall be deemed nu accessory thereto, and sliall be punished as if he was the principal in such offense, whether the princijial lias been proceeded against or convicted or not. and in every such case shall be deem(>d guilty thereof, and ui)on conviction shall be tineermanent theater or any licensed bill poster in the City of Sr. Louis shall have authority to erect on any private property, where he can obtain permission fi'om the owner or owners thereof, or any city ja-op- erty, jimvided the consent of the comptroller, ap{)roved by the mayor, has been tirst obtained, a billboard tor advertising purposes, (M. C, sec. 1506.) See. 159:2. License — 1<> We 4»l»taiiieer business is intended to be caiaaed on at such show or exhibition; and such permit, and also the licen.se granted thereon, shall dis- tinctly descril>e and specify the character and nature of the show or exhibi- tion for which sncli jiermit and license is granted, and may designate the place at which such show or exhibition shall be carried on. (>!. (J., sec, l.".n;t. I S.c. 1,595. Sliou.H — wliat ln4.simvs,s in eoiinectioii willi pro- liil>i(erson or persons having obtained such permit or license, who shall carry on or transact or permit to be carried on or transacted, in their establishment, any other Imsiness, «)r at any other ]ilace than that specified in such permit or licen.se. or shall ke«^p or cai-ry on. or |>ermit to ggg REVISED CODE OR GICXERAL ORDINANCES. [CHAP. IS. lie kept or carried (tii. njiou their premises, aov kittery. gift enterprise, game of cliuiKe or aii.v uiilawtul business or proeeeding whatever, sliall be deemed guilty of a misdeuieanoi', and u]ioii conviction thereof. l)e fined not less than one hTiudrcd (h)llars, and shall furtherm(.)re forfeit their license, i M. (."., f«ec. 151(1.1 Lotteries prohibited by R. C. sees. 153.3-15.'!5. Sec. 1.596. Licenses — when may be revoked. — A 1 1 1 icenses granted under this article may be revoUed by the mayor by his giving three days' notice thereof to the party licensed, and said party shall thereui)on be entitled to have an amount of money jtrojjortiouate to the unexpired time of his license refunded to him, and the auditor is hereby authorized to draw his warrant uiion the treasurer for the amount so due, ])ayable out of the contingent fund. (M. <".. sec. 1.574.) Revocation of license under police power: See St. Charles vs. Hackman, 133 Mo. 634; State vs. Simmons. 12 Mo. 2GS. Sec. 1597. Penalty for carrying on show after license revoked. — Any person holding a license, who shall carry on his show or e.xhibition, or amu.sement known as roundabout or dying horses, more than three days after the notice of the license being revoked as stated in the preceding section lias been .servd upon him, shall be deemed guilty of a mis- demeanor, and r.])ou conviction thereof, be fined not less than one hundred dollars. {M. C, sec. 1.57."). ) See. 1598. Officer — personation of — interfering with dnties of — penalty. — AA'hoever shall, in this city, falsely re])resent himself to be an officer of this city, or shall without being duly authorized b.y the city, exercise or attempt to exercise any of the duties, functions or powers of a city ofticer or member of the metropolitan police force; av shall hinder, obstruct, resist or otherwise interfere with any city officer in the discharge of his oflicial duties; or attem]it to ]ireveut any such officer fntm arresting any jierson, or attempt to rescue from such officer any person in his custodv, sliall lie deemed guiltv of a misd(>meanor. ( M. ('.. sec. 1513.) See. 1599. Passengers — solicitation of — misdemeanor. — It shall ))e unlawful for any iierson or iieisoiis in any depol or u]ioii a dejiot jilatform or in any railroad ]iassenger (le]iot in the City of St. Ivouis, or u])on any wharfboat or steamboat at the wharf or harbor of the ("ity of St. Louis, to solicit or cry out for passengers or baggage for any hotel, railroad, steam- boat or other place, or for the carriage of such jtersons or baggage in any wagon, hack, omnibus or other vehicle, and any persou or jiersons so offend- ing shall be deemed guiltv of a misdemeanor, and ujion conviction thereof shall be fined, before either of the jiolice justices, in a sum not less than five nor more than one hundred dollars lor each and everv such otlense. (M. C, .sec. 1514.) Sec. 1600. Carriages for passenger.s^ — places for location of. — Hacks, carriages, cabs and coupes, express and baggage wagons, omni- bus, hotel coaches and all other vehicles used in the ti-aiisportation of pas- sengers ()]' baggag(> for hire, are hereby authorized and empowered to do business at the folb>wing ]>laces: On the south side of I'o]ilar street, from the west line of 'i'eiith si reef west to a jioint two hundred and eleven feet east of the east line of Twelfth street, and on (he east and west side of .\i:r l\' I OF MISCtCLLANKOUS OI'M'-KN'SICS. 889 i;ic\ciilli si reel IriPiii tlic sdiitli liiii; ol' S|)i'iiit' stiTi'l lo tlii' iiortli lint' of r(i|il;ii- siifci. (M. ("., sec. 1515.) This represents the boundary of the old Union Station am) is now obsolete. See. 1601. INistiii*;- «»!' soctioiis of aitirle riMiuired. — All railniacl (•(niiii;mie.'< liaxiiiL; ]ias.-icuj;t'r (leptils in llic C\l\ ol' Si. Luiii.s aiul ail w liai-riioal coiiiiiaiiii's having w liarflxial.s al wliarl' ami iiarlior ol' liie (,"ity 111' SI. IaiuLs. ami all caiiiaiiis ot' rcj;tilar sleanilnial jiacUcIs [ilv iiij; rejiiiiariy liclwecii llie port of St. I.uiiis ami elscwiiert'. .sliail lia\f priutcii eopies of lliis aiitl liie iic.xl twn prci ciliiii; .scilioiis jiosled iiji in al least three eon- -spieiiou.s (ilaees in ever.v .such depot, w hart'lina I or slcainlioat, uiul a failure to do so shall lie deemed a iiiisdemeaiinr. ami u|miii ((inviilion thereof, the sii[ieriiileiideiit of afi;eiit or ea|;laiu lliciciil' sliall lie lined as in-ovided for in .seiiion l."ill!i. i M. ('.. sec. l.'iKi.i Soc. 11JII2. l)et!U-iiij;- or iii^- proin'rty, trees, buildings, oto., penalty — r the above section one can not be held liable for a tresp.i.ss committed in a building, since Its provisions apply to lands, and not buildings: St. Louis vs. Babcock. 156 Mo. 154. See. i(>((t. Kay pickiiij; witlioiit a permit forbidden. — No person sliall. witlmut lirst prnciiiiii;; a permit frmii the police commission- ers, enjia^e in jiickin^ or ^atlierin^ iiiffs, paper or other articles, and sucli pers(uis sliall wear a badfie or number and be regularly enrniied. Said per- mit shall not be construed to auth<>ri/.e Ihe lioldtM' to deal in inet:il. and u]ion any violation of Ihe terms thereof it shall be reclaimed by Ihe police. .\ny [lerstin viiilaliiiir this section shall be ''eemed ;,'nilly of a misdemeanor, and upon conviction tliereof, be lined not less than live nor mure than lil'M dul lais. 1 M. ('.. sec. 151!». i Sec. KiO."). Junk sliops — regulation of. — .Any person or persons eii;;acei' in liii.\in;; or si'llini; old junk, old ]c,id. iiiiMal or any article usually found in old junk shops, and havini; no stand or place of business, shall |iay 890 REVISED CODE OR GENERAL ORDINANCES. [CHAP. IS. a license of twenty dollai-s per annuiii. anJ iu addition thereto a license of twenty dollars for each and every cart or wagon more than one by him used, and said license to be given only on such persons satisfying the license col- lector that he is a fit and proper person to receive the same, and any person or persons so dealing having a stand or place of business shall pay a license of fifty dollars per annum, and in addition thereto a license of twenty dol- lars for each and every cart or wagon by him used ; and any one carrying on said business without a license shall be deemed guilty of a misdemeanor, and upon ciinvictioii thereof, be fined not less than five nor more than one hundred dollars. Any person or persons carrying on said business shall keep a register of names and residence of all parties from whom they pur- chase old lead, iron, lead pipe, books or any article whatever, new or second hand. Said register shall be kept open for the examination of the police or any citizen. Any owner or keeper of said Imsiness failing to keep .such register shall be deemed guilty of a misdemeanor and. upon conviction there- of, shall be fined not less than five nor more than fifty dollars. It shall not be lawful for any one engaged in said business to buy or receive any jirop- erty from any minor without the written consent of the parent or guardian of said minor. Should any controversy arise respecting the ownershij) of any property alleged to have been purchased by such person, the burden of proof shall be on said person to ))rove the name anu residence of his vender. The provisions of this section shall a]ii)ly to keejiers of second hand shops and ])lunibers who mav deal in the articles mentioned herein, i M. C, sec. 15211.1 Sec. 1(506. License for any show, roundabont, etc. — permit. — Hereafter, before any license for any show or other exhibiridn whatever, or for the amusement known as roundabout or fiying horses, shall be grant- ed to any jiei-son by the license collector, the jierson or j)ersoiis applying therefor shall obtain the written permit from the nuiyor. and present the same to the license collector. (M. C, .sec. 1521.) Thi.«? section is a dupUcate of section 1593. See. 1607. Crnelty to aniniaLs — ijenalty for. — Any person who shall in this city overdrive, overload, drive when overloaded, ill-treat, tor- ture, torment or unnecessarily or cruelly beat or needlessly mutilate, or kill, or cause or procure to be overdriven, overloaded, driven when over- loaded, ill-treated, tortured, tormented or unnecessarily or cruelly beaten, or needlessly mutilated or killed, as aforesaid, any dumb aninml. shall, for every such ofiense, be (ieemed guilty of a misdemeanoi-. and on conviction shall be fined not less than twenty dollars nor more than one hundred dol- lars for each offense. [V.. C, sec. 1522.) See also R. C. sec. 1558. The City of St. Louis has authority under the gen- eral welfare clause to enact this ordinance, although the same acts be misde- meanors undi-r the statute: St. Louis vs. Schoentausch. 'I.'i Mo. 618. An ordinance fixing the maximum load of a two-horse team and wagon and prescribing a pen- alty against the contractor employing such team for exceeding such maximum is not void on the ground of partiality: Kansas City vs. Sutton. 52 Mo. App. 398. Under the State statute the intent with which cruelty is inllicted on an animal is immaterial, provided the act itself was willful and not accidental: State vs. Hackfath.-20 Mo. App. 614. But evidence that the horse was overdriven does not warrant a conviction under this section in the absence of proof that the over- driving was willful and not accidental: State vs. Roche. :!7 Mo. App. ISO. Sec. 1608. Humane society — half what fines to be paid to. — One-half of ail lines and iiciialfics iiiijoscd foi- the violation of the next preceding seel ion or aii.\ aiiieiidment tliereio. or similar ordinance litM'eafter AItT rv. 1 OK MISCELLANEOUS OD'l'KNSICS. 891 eniK'tod. shall, wlu'u iiaid and received into the city treasury, be the property of ami l)i'li)ii|iiiiii to liie lliiiiiaiK' Society of Missouri, aud ou the tirst days of -laiuiary, April, .July and (irlolicr of eai'h year, the auditor shall draw his wan-ant on the treas\irei-, in favor t>( said lluniane Society, for the amount of said lines and penalties as atoresjuii, received into the treasury durin;; the ])recedinj,i; three nH)nths. and delivei- the same to the trcasnrei' of saiil society. (M. «'.. see. l'>'2.i.) Special police ofllcer for Hiiniaiie Society: R. S. Mo. 1S99. sec. 616S (State Liiw.s for St. Louis, ante p. 1.S3. sec. 459); Hiiinano Society may establish drinking fountains: Rt^v i-.i.i.- .^.•.- ■_•''. S,c. itiiiii. S II li .^ t :i II (■ r s injurious (o niiiiiials n«»t lobe tiir«>\vii on .Htrt'i'ts — |K-ii:ilt\. ii sImiII he unlaw iul loi- aii.\ person to cast or place on the pnlilic sli-eels, alleys or thorou};hfai-es any stone, jjlass, iron, nails, wire oi' other metal oi- other snlistam-e whereby horses or mules or otiier (piadrupeds or persons or vehicles may he injured. Any j)erson vio- lating; the ]M-ovisioiis of this section shall he deemed L C, .sec. l.VJS. I S.e. lt;i4. stones — tlirown in street — p<*nally. — If any person shall throw from his hand, in aii\ alley, sireei. w;ilk or park of the City of 892 RKVISED CODK OR GENERAL ORDINANCES. [CHAP. IS. St. Louis, any missile of wood, stone, metal or other substance, or sub stances, cajiable of inflicting injury or annoyance, or use or have in his pos- session ready for use, in any street, alley, walk or park of the City of St. Louis, any sling, air-gun, cross bow and arrow, or other contrivance for ejecting, discharging or throwing any missile, pellet, fragment or bolt of stone, metal, wood or other substance or substances, capable of causing in- jury or annoyance, he shall l)e deemed guilty of a misdemeanor, and on con- viction thereof, he jmnished l)y a tine of not less than one nor more than twenty dollars for each otten.se. i ^L C, sec. l.")2!l. i Sec. 1615. Birds — Avhat covered l»y ordinance, — The birds in- tended to be protected by the next four preceding sections, shall be and are defined as all varieties of birds, except hawks, sparrows, vultures and owls. (M. C, sec. 1580.) Sec. 1011). Police — .special «luty of. — It is the special duty of the police force of the City of St. Louis, to enforce the provisions of the next five preceding sections, and arrest and bring to trial all offenders against the same; and any member of the police force conniving at any breach of the j)rovisions specified in the said next five preceding sections, by failing to arrest or rejiort the offender, shall, on conviction thereof, be subject to a fine of not less than five dollars. (51. C, sec. 1531.) [Sic. 1617. Minors forbitlden from gettinj? on street cars while in motion — penalty. — ^s"o minor under the age of fifteen years shall get on or attempt to get on any street car fender, or in any way attach himself or herself to any street car, or get on or off the same while such car is in motion. Any person who shall violate any ot the ])rovisions of this section shall be deemed guilty of a nusdemeanor, and shall, u]:ion conviction thereof, be fined not moic than ten dollars for each and every ott'en.se.] (M. C., sec. 1.532.) Tills ordinance (Rev. Code. sec. 1617) was repealed by ordinance No. 22.57.5. app. Oct. 2. 1906, (after the submission to the assembly of the Revised Code, hence too late to be omitted therefrom). For street-car regulations see Rev. Code. Ch. 23. Art. VI, sec. 1S64. Getting on fenders forbidden: R, C. sec. 1S76. Sec. 1618 I'nanthorized vehicle or dog- license tag— misde- meanor — penalty. — Any person making usp of or having in his possession any vehicle license plate or dog license tag or plate not procured at the office of the license collector of the City of St. ]>ouis. or making use of or having in his ])ossession a stolen or counterfeit vehicle licen.se jilate or dog license tag or ])late. shall be guilty of a misdemeanor and ui)on conviction thereof shall be subject to a fine of not less than ten dollars nor more than ti\e hundred dollars for every such offense. (M. C, sec. 20578.) .■\s tn ilog license see R. C. sec. 16.'!7-1639; as to vehicle license plates sTmlttlnK same to the dt.v) was held void as unreasonable in St. Louis vs. Heltzeberg Packing Co., 141 Mo. 375: this case held that smoke alone was not a nuisance per se at common law, nor Is It so declared by statute, and the cit.v cannot declare that to be a nuisance which Is not so In fact, and since the ordinance declared the emission of smoke Into the air a nuisance Irrespective of (luantlt.v and length of time It was unreasonable and vi>ld. See cases cited In the opinion. Ordinances 20583 and 20S02 botli enact In the respective llrst sections thereof, the provision herein appearing as the first sentence in sec. 1619, but the other parts of those ordinances differ, as appears from the sections succeeding. As to when smokestacks are nuisances see Whalen vs. Keith, 35 Mo. S7: Hank vs. Kennett, 101 Mo. .Xpp. 370. It Is held that a statute may declare emission of thick black or grey smoke from chlmney.s a nuisance per jc and punish the act as an offense: See Moses vs. U. S., 16 App. n. C. 128: L. R. An. 532 and discus- sion and citation ot authorities In the opinion. Knglnes and locomotives using the Poplar street track must be so constructed as to prevent offensive or dangerous emission of smoke or cinders by R. C, sec. 1859. S.I-. ltJl!» l)i>iis«' siiiokt' ;i |Mil»lic iiiiis:in<-<' — who rrspoiisihU' r<»r (Miiission of .snu»ki' aiitl when owimrs, ;i owners, k'ssees, occupaiits. iiiaiia>iers or ajueiits of any huihl- iii;;. estaiilisiiiiient or in-eiiiises from which dense smol;ed shall consti- tute a se|iarate olfens(> ; provided, however. I hat in any suit or proceeding under this section it shall lie a good defense if the persiui charged with the violation thereof shall show to the saiisfaclion of the jiir.\' i>r court trying ilie fails, that there is no known praciicahle device. ai)|ilianie. means or method hy a|iplicatins liereul', oi' the said ait iif the {,'enei'al assenil)l_v of Missouri, lias lieeii or is heiu;; violated; and to inspect or examine siicii l)iiildin>;s, es- tahlishnicnts, premises or eiulosures in order to aseertain whether or not tliere is any known prautieable device, appliance, means or method by the ajiplication of whicli to said biiildinieneral assembly, and said deimty smoke inspectors shall make reports of their examination and investij^ation to the chief smoke in- spector at such times and in sucli manner as the mayor or chief smoke in- spector may direct, i Ih.. sec ir)()4e.) Sic. lG2t). P()li«'<' (U'parlnuMit («» assist in sni«>k«> alialcnu'iit. — It is hereby made tln' dul\ of all paliiihiien and ofliceis of the police force of the city to assist said smoke inspectors in tlie jierformance of tlieir duties and to report to the chief of police all violations of the laws directed' a;;ainst the emission of dense smoke <-ominL; to their kiiowledire. i //<., sec. ir((l4f.) Sec. IG30. Saint' — «'liit'f <»!' police to report to sniok<> in- spector. — \\'heu reports of violations of the law are made lo the chief of police by jiatrolmen and officers of the jiolice force it shall be the duly of said chief of police, and as soon as jiracticable after such reports are re- ceived by him. to report such violations to the chief smoke inspector, whose duty it shall be to consider the same without delay. (/?*., sec. Iu04g.) Sec. 1(131. Inti'rferi'iK'c ^^i(ll insp»M*fors niis(l(Mn<>aiior — pen- alty. — Any person who sli;ill ini>'rfiTc wiili :niy of tln' .■^uiokr iiis|ii-c'|ors lu-re- inliefore provided for in the discbarixe of their duties, or shall hinder or pre- vent any of .said inspectors from euterinj; into or upon, or from inspecting any buildings, establishments, enclosures or premises in the discharge of their duties, shall be deemed guilty of a misdemeanor and on conviction thereof shall be subject to a line of not less than twenty-five dollars nor more than one Imiidicd dollars for each ollciise. tilt., sec. I. "it Hi. i AIM'lCl.i: \ I. OF VAOnANT.S. See. 1();32. \'a};rant delined. — A vagrant under the meaning and provisions of this ,iflii-le shall be deemed to be: First. — Any male or female person over the ages of fourteen and sixteen I females fourteen and males sixteen) ye.-irs, whom there is r(>ason ti> beli(>ve live idly, without proper and diligent ellort to j)rocure employment, and without any visible means to maintain themselves, and without any settled place of abode, and are of vicious character and depraved habits, or who shall be found Kjitering or rambling abroad, or wandering and lodging in ;:roceries. tippling houses, beer houses, out houses, bawdy houses, houses of bad repute, sheds, stables, market houses. Iiind)er yards, or in the oi)en air, or wlu» shall he fotind tres|iassing on th(> jirivate ])remises of others and not give a good aci'oiint of Ihem.selves. or who shall l>e found begging or going from door to door begging, or appearing in any street, thoroughfare, or other public place, begging or receiving alms. 896 REVISED CODE OR GENERAL OKfUXANCES. [CHAP. IS. Second. — Any male or female [)erson who shall be the keeper, propri- etor or exhibitor of any ganiiuj; table or device, or gamblers, or who shall be any assistant or attendant at any such gambling table or device. Third. — Any person who, for the purpose of gaming or gambling, trav- els about from jjlace to place, or frequents steamboats or other vessels at the wharf of the city, or railroads, or goes from place to place in this city for that purpo.se. Fourth. — Any person upon whom shall be found any instrument or thing used for the commission of burglary, or for picking locks or pockets, and who shall fail to give a good account of the possession of the same. Fifth. — Any person who shall be found engaged in pigeon dropping, as hereinafter defined. Sixth. — Any person who, having once been convicted of being a va- grant, or who has the rejtutation of being a vagrant, shall be found in the jiossession of any Mexican puzzle, patent safe, straji, thimble and balls, or any other instrument or device used for ])igeon droi)piug. Seventh. — Any pi-ostitute, courtesan, bawd or lewd woman, or any fe- male inmate of any bawdy house, or house of prostitution or assignation, brothel, or house of bad repute, who shall be found wandering about the streets in the night time, or frequenting dram sliojis or beer houses, or any female who shall be found employed as a beer carrier, either in day or night time, or who may be found employed in singing or dancing in any such house or place. Eighth. — Any male or female person who shall knowingly associate with persons having the reputation of being thieves, burglars, pickpockets, pigeon droppers, bawds, prostitutes or lewd women, or gamblers, or any other pei'son, for the purpose or with the intent to agree, conspire, com- bine or confederate: first to commit any offense; or second, to cheat or de- fraud any jjcrson of any money; or third, to cheat or defraud any person of any money or i)roi)erty by any means which, if executed, would amount to a cheat or to obtaining money or property by false pretenses; or fourth, to commit any act injurious to the public morals, or for the perversion or ob- struction of justice, or the due administration of the laws or ordinances; or fifth, who lodges in or fre(|uents houses or otjier places having the ve\ni- tation of being the resort of thieves, Inirglars. pickjiockets, pigeon drojqters. bawds, jirostitutes or le\\d women, or gambling houses, or places foi- the reception of stolen projierty. ( M. ('., see. lo-33.* lender that part of clause referring to trespass "witliout gi\'ing a good ac- count" there can be no conviction if defendant can grive a sood account of him- self: St. Louis vs. Babcock. 156 Mo. 148. As to clause seventh, see a somewhat similar ordinance. R. C. sec. IrJlS and note thereto. The eighth clause is unconstitutional and void, because an invasion of per- sonal liberty; no legislative body in this country has power "to choose for our citizens whom their associates sh.all be" and "human acts and agencies have not yet arri\'ed at such a degi-ee of perfection as to be able without some overt act done, to discern and to determine by what intent or purpose the human heart is actuated": Ex parte Smith. 135 Mo. 223, 227-228. citing St. Louis vs. Roche. 128 Mo. 541. and overruling St. Louis vs. Fitz, 53 Mo. 5S2. The first clause of the ordinance was held to be unconstilittlonal and void by Judge Allen of the St. Louis circuit court, in so far as permitting a conviction for merely id- ling, in case No. 4462Sa, In re Knox. And a State statute authorizing an alleged va.g- rant not convicted of crime to be hired out to involuntary servitude on a verdict of vagrancy by a justice of the peace jury is void as violative of State and Federal ART. VII.] OF DOGS. 897 Constitution: In re Thompson. 117 Mo. 83. Where a municipal charter gives power to "regulate the police" of the city. It authorizes an ordinance to punish vagrants, and it does not conlllct with the general law concerning vagrants: St. I o'.il.x vs. H.ntz. It Mo. Gl; a fort iori whi-ff the charter gives e.xpress authority to restrain and punish vagrants and to define who shall bo such: Kansas City vs. Neal. 49 Mo. App. 72. Sct\ 163."5. I*i};»M>ii pi>iii*;' tlt'finod. — Pi-rcnn ilidiiiiiiii;, uiidfi- llic iiic;iiiiiio and iiilcni of Ilii.^i arliilf. shall hi' (IcciiU'd tlu' winninj; or ob- laiiiiiij; iiioncy or ]in>]i('i-i_v, or thiiij^s rc|ircs('iit inj; iiioiu\v of jiroperty, by ils hciiij; hot or slakod on any <;ami'. inslrniiu'iit, contrivance or device, under the control of any person coiu'erned in tlie {jaine, bet or stake, or of any confederate of such person, and so contrived and constructed that the result of any jiaine. bet or stake, can ho determined by either of sucli per- sons, or the horrt)\vin}; of money or jiroperty, or auythin}^ representing iiioiiey or property, tt) be bet on any such •jaiiies, instrument, contrivance or device, or tlio invei<;iiuj;. enticinj; or persuading any persons to he let or lend money or projuM'ty, or anylhino represeiiiinji money or jn'operty lo he het or slaked on any such fjame, inslruuient. contrivance or device, or borrowiiifi iiioucy or property on petitions or worthless notes, checks or drafts. i)r havinj; tlii'iti in their ])ossession I'oi' a fraudulent luirjiose. ( M. C, .sec. l;x$4.) See. 1634. fJoinl trials — wln'ii. — Two or moie jiersons found act- ini; to}i;elher or in concert for the purpose of pigeon droppinj;. may be tried jointly. (M. C, sec. 1535.) Sec. lt)3."). Vjifjrain'y— <»n cliars:*' of— what ovhIoik-o com- lU'tt'Ht. — On the trial before llie jiolice jusiice of any person charficd wilh liein-; a va;trant. it shall he lawful for llie i-ity to inlroiluce testimony as to the character and reputation of the defendant, touching any of the matters set foith in .section l(i32, and the defendant may resort to testimony of a like nature for the puri>ose of disiiroving said charges. (M. C. sec. 153tj.) Sec. 163ti. Vafjraiu'y — iM>iialtit>s upon conviction. — Any ])('rs(>n who shall be convicifd of lieiiig a \;iuiaiil. under Ihe ]irovisions of S(>ction lti.'{"_' shall be deemed guilty of a misdemeanor, and upon conviction thereof, 1)0 fined as follows: If under the tii'st clause, not less than ten nor more than one hundred workhouse, until such seciirity be given, not exceeding six nionihs. iM. ('., sec. 1537.) AliTlCLi: \11. OI' DOGS. Sec. 1637. Dojrs— not iicrniittiMl in city unless tax paid. — No dog shall be permitted to he :iiii| reyi;iin within the limits of the city 898 REVISED CODE OR GENERAL ORDINANCES. [CHAP. IS. unless the owner tlieicof shall have caused such dog to be registered aud the tax iiii])Osed by this article to be jiaid. (M. ('., sec. 1538.) Doss — A i.'it>" has puwer to impos*.- a tinu upon a person for keeping a dog: witliin its limits ^vitliout Iiaving" obtained a license to do so. in violation of tlie city ordinances: Carthage vs. Rhodes, 101 Mo. 175. Sec. 1638. Aiiioiint of tax. — The tax on every dog iu the City of St. Louis shall be one dollar per year, payable to the license collector for the u.sc of the city. (Oni. 20411', aiueiidiiig M. ('., sec. 153!).) Sec. 163fi. Tax plates to be provide*!. — The register shall an- nually jirocuie such number as may be leiniired of metallic plates of con- venient size and shape, the shape to be changed every jeai; and having cast thereon in raised letters, the resi)ective letters "C T. P."' and the figures indicating the year for which the tax has been paid; and he shall also cause to be ])re])ared printed blanks, bound in book form and arranged in such manner that one certificate can be cut out and a stub or duplicate thereof left in the book, and the register shall, on or before the first day of January in each year (or as soon tliereaftei* as may be), d»^liver to the comptroller tlie metallic ])la1es aforesaid, and also an e(iual number of blank certificates, with stub or duplicates, as aforesaid, signed by the register, and shall charge the comittroller therewith; the compiroller shall deliver aud charge .such plates and certificates to the license [collector] commissioner, and the license [collector] commissioner shall account to the coiii]itroller for every plate and certificate so furnished to him. (M. C, sec. 1540.) Under act of 1901 creating the office of license collector, the duties and powers of the license commissioner are impose'd upon the license collector; the act. in effect, abolishes the office of license commissioner, Laws 1901, pp. 80-82. As to penalty for unauthorized dog license plate see R. C, sec. 1618. See. 1640. Delivery of tax plates — eertifieate. — In every case wherein application shall lie m.-ide to the license [collector] coiiiiuissioner for a license for any dog, that officer shall deliver to the ajiplicant a metallic plate having tlw:" number corresponding with that of the license stamped thereon, and shall also deliver to such parly a certificate from the book furnished to him by the comjitroller, v.liich said certificate as well as the margin or jiart tliei-eof remainiiig in llie book after cutting out the cer- tificate shall contain the number of the license, the year for which the same is granted, the name and residence of the owner of the dog, and the .sex, and a correct descrij)tion of the dog for which the licen.se is paid, and the amount of tax jiaid therefor. Ol. ('., sec. 1541.) Sec. 1641. Owner — duty of. — It shall be the duty of the owner of every registered dog to ]>ut around the neck of such dog a collar not less than thi-ee-(|uarters of an inch in width, to which sha" be attached with a metallic fnslening the metallic jilate aforesaid, (il. (\. sec. 1542.) See. 1642. When iiiill> for failiirc to |»;iy tax. — Every owner of a duff, aiul every [ler.sun w liu sliall .suUit or [leriiiil a dog to remain upon any premises imder his immediate eonlrol without having caused such dog to be registei-ed and tlie tax thereon to lie paid as provided by this article, siiall he guilty of a misdemeanor, and lined not less than live nor more than litty dollars. I .M. (".. .sec. 1544. ( See. i()44. Doffs — running at 1 arjfo, when proliilutod. — Whenever the hoard of health shall deem it necessary, on account of the prevalence of hydrophobia, or for sanitary purposes, it shall be their duty to make an order prohibiting for a certain time, all dogs from running at large on any street or other ]iublic ]ilace in this city, unless such dog be securely imi/.zied or led by a line, so as to etl'ectualiy prevent them from biting any person or animal, which order shall be published in the papers having the contract for the city printing, and all dogs found running at large unmuzzled, contrary to the provisions of such order, shall be taken up anil imjn)unded as in section l(J4l2 provided; and all dogs taken up and being iin]iiiunded for being at large in violation of such order, may, if the owner satisfy ih(> city marshal, by his own oath or other testimony, that no blame attaches to him for permitting such dogs to go at large in viola- tion of the pi'ovisions of such order of the board of healtli. be redeemed as unregistered dogs are redeemed from the dog pound, and upon the payment t() the city collector [license collector] of three dollars for the use of the city and the fee of the pound keeper. iM. ('., sec. l.">4i).) Sec. 164.'). KtMleinption fee, ainouiit «f. — Foi- every dog taken up and contiiied in the dog pound, as i>rovided in sections 1(;412 and I<>44 of this article, for which lui tax has been jiaid, a redemption fee of three dollars, tog.ether with the amount of the license, shall be paid to the city [license] collector for the use of the city, and ujion procui'ing the certificate of the city [licen.se] collector, stating that said amount has been paid, and jiaying further sum of tifty cents to the ](ouiid kee])er for taking up such dog. the owner Ihei-eof. within three days after the impimiiding. or any other person after three days shall be entitled Id redeem such dog. and if the dog shall not be and is not redeemed within ihree days after being taken up he shall he slain by the i)ound keeper; and the person taking up such dog shall re- ceive therefor the sum of tifty cents, aiul the pound keeper the sum of Iwen- tytive cents, to l)e paid out of the city treasury; but if it shall be made to appear to the satisfaction of the city [license] collector by the aftiihnit of till- owner or by other suflicienl testimony, that any jierson claiming to re- deem a dog ciuitined in the dog |iound has registered such dog ami has put ■irouiid his neck a <-ollar stamped and marked as provided in .section 1()41. but that such collar has been accidentally displaced or lost, tiie city [license] collector may deliver to him a metallic plate, as described in section l(!4lt. to correspond with the registry, withotit any additional charge therefor, excej)t the fee of twenty-five cents, to be paid to the city [license] collector foi- the use of the city. t^I. f\. sec. I.'vlfi. t Sec. lG4(i I)oh:.s to !>«• kilU'tl — wlu'ii It shall be the duty of the city marshal .and his assistants to kill any dog which nuiy be ftnind in the rity of St. I.ouis withoul an owner, and without a collar stam]ied or marked as jirovided in section lrovide(l. siu'h dog cannot lie .safely taken up and im|inunded. Hut it shall not be lawful for any ofticei- of the City of St. l.ouis or other [lerson to shoot or ii.se poison for the jiurjiose of killing any such dog. or to shoot or use poison for the pnrjiose of killing 900 REVISED CODE OR GENERAL ORDINANCES. [CHAP. IS. any dog at any other place than the dog pound ; and any officer of the City of St. Louis, or other person, who shall entice any dog so collared out of the inclosuro of the possessor of such dog, or who shall molest or seize any dog while held or led by any person, or who shall bring into the citv' any dog for the purpose of taking up and inijtounding the same, shall, on conviction, be fined in a sum not less than five nor more than fifty dollars. (M. C, sec. 1547.) Sec 1647. Dangerous dogs — may be killed. — If any fierce or dangerous dog shall be found at large in the streets of St. Louis, or upon any public place, or upon the private premises of other persons than those of the owner of the dog, and shall there annoy or endanger any person there in, the owner thereof shall forfeit and pay to the City of St. Louis a sum of money not exceeding fifty dollars for the first offense on the part of said owner, in permitting such fierce or dangerous dog to go at large; and more- over, it may be part of the sentence upon such conviction, that such fierce or dangerous dog be immediately killed, and this sentence shall be forthwith executed by the city marshal, for which he shall receive the further sum of five dollars, to be paid by the owner of said dog, which sum shall be in- cluded in said judgment. (M. C, sec. 1548.) Sec. 1648. Word "dog" defined. — The word "dog," whenever used in this article without qualification, is intended to mean a female as well as a male dog. (M. C, sec. 1549.) Sec 1649. 3Ioneys to be paid into treasury. — The city [license] collector shall, on the Monday of every week, pay to the city treasurer all moneys by him collected under the provisions of this article, during the preceding week, and all orders for the redemption of impounded dogs, and all receipts given by the city [license] collector for redemption fees or other moneys received by him under the provisions of this article, shall be signed by the city register, and countersigned by the comptroller, and charged to the city [license] collector. (M. C, sec. 1550.) ARTICLE VIII. OF PENALTIES. FINES AND FORFEITURES.* Sec. 1650. Punishment where no specific penalty^ pre- scribed. — Any person who shall be convicted of any misdemeanor under any provision of this chajiter, in a case where no special jienalty is pre- scribed, shall be fined not less than five nor more than five hundred dollars for the first offense; for the second offense of a like nature, he shall be fined not less than double the minimum penalty aforesaid ; for the third offense of a like nature, not less than treble said minimum; and so on, in- creasing the minimum five dollars upon each additional conviction. (M. C. sec. 1551.) Sec. 1651. Misdemeanor defined. — The word misdemeanor when- ever it occurs in this chapter, shall be construed to mean and to stand in lieu of "violation of ordinance." (M. C, sec. 1552.) ♦Charter, Art. Ill, sec. 26, clause 10. For general note on misdemeanors see note to R. C, sec. 1265. referring also to tlie various cliarter provisions authoriz- ing and limiting the city's authority by ordinance to provide for fines, penalties, forfeitures, and the remission or stay thereof, and the enforcement by confine- ment, etc.; also discussing the nature of the proceeding for violation of an ordi- nance, to what extent civil or criminal, how brought, their function in the mu- nicipality, procedure at the trial, their constitutionality, etc. And see note to sec. 1279 as to the form and sufficiency of the statement or information. CHAP. 19] OF MULLANPHY EMIC.KANT rtELIEF FUND. 901 Sfc. 1652. Ainoiiiit ol liii«', \\ Im'ii non«> (IiM'lariMl. — Wlini- over, in the ordiiiaiufs of the City of St. Louis, or either of (iiein, the do- inK (if any aet, or the omission to do any act or duty, is dechired to he a brearii of any, or eithei- of said ordinanies. and tliere shall lie no tine or ipciially dcclart'd fur any sui-li lireach. any jiei'son or jpci'sons convicted of any such hrcacii shall he lined not less than live dollars and not e.xceedin;; three hundicd dollars. ( M. C, see. l.">."):!. i Stc. 165.S. 3Iiixii)iiiin of fiiu', uiu'n not prcscrilu'd, — When- ever, in any ordinance of ilic cii_\ licrcinlcnc or licrcalicr passed, a line, for- feiture or penalty is, or may he jirescrilieil, at not less than a >iiven sum. but the maximum of such tine, forfeiture or penally is not likewise fixed, such maximum shall lie as follows, to-wit : If (he minimum of such fine, forfeiture or jienalty shall he less than one hundred dollars, the maximum shall be three hundred dollars; if the minimum he one hundred dollars or above that sum, the maximum shall be live hundred dollai's. and il shall lie lawful in any such case to reccncr the maximum aforesaid in like manner as if the same wei-e specially set furlli in any such uriiinaiirc. iM. ('., sec. 1554.) CHAPTER 19. OF MULLA.NPHV EMIGRANT RELIEF FUND.* Sec. 16.54. Hoard coiiiniissionorsostablislied There is hereby constituted and esiablislied a Imaiil of commissioners to be styled "The Hoard of Commissiiuiers of the Mnllanphy IJuijiranl Helief Fund." which shall be composed of ihirleen members, noi nuu-e than five of whom shall reside in one eon}»ressional district. ( .M. ("., sec. 1.^55.) See Charter. Art. XVI. sec. 3, and the preceding note. See 165.5. Coniniissionors — lio^v eloctod — terms. — The council shall elect said buaid by ballot. Five members of saiil board shall be •These ordinance."! relating to the Mullanphy Emigrant Relief Fund grow out of the following provision In the will of Bryan Mullanphy, who died June 15, 1851: "One equal undivided third of all my property, real, personal and mixed, I leave to the City of St. Louis, in the State of Missouri, In trust, to be and con- stitute a fund to furnish relief to all poor emigrants and travelers coming to St. Louis on their way. tiona fidt, to settle In the west." The bequest was accepted by ordinance 2724. This provision In the will was upheld as valid in Chambers vs. St, Louis, 29 Mo. 543. and the charity has ever since been administered by the city, (subject to the control of a court of equity). The Intended objects of the bequest becoming largely obsolete by the changed conditions, ord. 19237 was enacted, providing that the mayor institute legal proceedings to obtain author- ity to apply the fund to charitable purposes other than those directed by the testator. This litigation attained the peculiar results commented on In St. I»uls vs. Crow. 171 Mo. 272. Since the legal title as trustee only is In the city, and the real use of the fund is not for municipal purposes, but for the benellt of a particular class, the fund la not exempt from taxation under the constitution: St. Louis vs. Wenncker. 145 Mo. 230. The tax should be assessed against the city as trustee, not to the "Mullanphy Emigrant Fund": ib., p. 239. Where there la no competent evidence to show that a surveying compony was employed by the board, aa such, nor that It accepted the fruit of plalntift's work, there con be no recovery: and evidence that individual members of the board unofficial. y directed the work. Is Inadmlsalble In a suit against the city as trustee of Mullanphy bequest: Surveying Co. vs. St. Louis. Trustee, etc.. 68 Mo. App. 182. holding that the only proper evidence of the acts of the board, outside of those falling within the scope of authority vested In Its ofllcers. is the record of the board. 902 REVISED CODE OR GENERAL ORDIN.\NCES. [CHAP. 19. elected to hold their office for a term of three Years, aud until their suc- cessors are duly elected and qualified, four to hold for two years, aud until their successors are duly elected and riualified. and four to hold for one year, and until their successors are duly elected and (|\ialified. And on the second Tuesday in June in each year, thereafter the council shall elect by ballot, ])ers<)ns to fill the vacancies existiu"" in said board, caused by the expiration of term of office; and the members thus elected shall hold their office for three years, and until their successors are duh' elected and quali- fied. (M. C, sec. 155G.J Sec. 1656. Vacancies— how fllletl. — In case of a vacancy occur- ring in said l)oai-d otherwise than by the exjtiratiou of the term of office, the board shall immediately notifiy the council, if in session, or if not, then at the next ensuing .session thereof, of the vacancy existing in said board: stating from what congressional district the member causing such vacancy was elected, and the cause of such vacancy, if known, whereupon the coun- cil shall ]iroceed to elect by ballot, a commissioner of said lioard. to fill the vacancy for the balance of the term. (il. (\. sec. l.j.jT. i Sec. 1657. 3Iayor — ex-ofticio member. — The mayor of riie <'ity of St. Louis, for the time being, shall be ex-officio a mend)er of the board of commissioners. (M. C, sec. 1558.) Sec. 1658. rommissioiiers to receive no compensation. — The members of said hoard shall receive no compensation foi- their services. ( M. (J., sec. 1559.) See Charter. .\rt. XS'I. see. 3. Sec. 1659. Officers of board.— The board shall elect a president, vice-president, secretary, assistant secretary and such other officers as may be deemed necessary to carry out the purposes for which the fund was con- stituted by its founder, namely to furnish relief to all poor emigrants and travelers coming to St. Louis on their way, bona fide, to settle in the west. The officers of this board shall be elected for one year, except the secretary and assistant secretai'y, who shall l)e elected every three years, i iL C, sec. 1560.) See note at head of this chapter. Sec. 1660. Board — duties of. — The board of commissioner!? shall take and hold in trust for the City of St. Louis, for use of the emigrant re- lief fund, all lands, moneys, bonds, notes and other evidence of indebtedness, and all projierty of whatever description, to which the City of St. Louis may now, or shall hereafter, be entitled, by virtue of the will of the late Byran ]\lullani)hy, deceased, or which may be given or bequeathed, to be a])plied to th(> benefit of said "emigrant relief fund.'' The said board shall have the right to institute suit in the name of the City of St. Louis, trustee of the ilullaniihy befpiest. for the lauds, moneys or other property due, or of right belonging to said fund, i M. C, sec. 1561.) Sec. 1661. lioard — powers of. — The board of ••ommission(>rs are invested with the control, management and dii'ectiou of the ]>ro|)<>i-ty and affairs of said fund, and shall have full power to make all needful regula- tions and by-laws for its go\ernanc(>. not in confiict with this article or any city ordinance. They shall ajiiioint from Iheii- own number an auditing committee and odiei- comniiltees, and shall conduct the concerns of the fund CHAP. 19.] OF MrM.ANl'IlV K.Mir.KA.NT ItlCMIM" ITND. 903 ;:j;i-('i';il(ly Id Ihc iiM|iiiiciiicnls of il.-^ riiuinlci- anil llir (irdiiiimccs pas.scd Tor ilic iii:uiaj;('iii('iil ul iliis riiiiil. i.M. ('., sec. l~t(>'2.) Sfi- l(i(i2 lioiird^iiH'cdnji's of. — The board slia II nici'l at least iiiHc I'vcry monili. on auv (la.\ autl liDiir, to lie lixi'il by rcsohitioii ol' the bt)ar(l. The president may, and upon written reipiest of three niendiei-s shall, call s|ic(ial nieetini;s. j^ive due notice in wrilinji to the otliei- members of the l(oai-d. and at all meetinjis seven members shall constitiite a (pionim to do business, but a less nundiei' may adjourn from day to da\ and compel the attendance of absentee's. (M. ('.. sec. Ki.'i.'i.j Sec. 1G63. IJojird — ri-conls and reports of.— Tiic iioard shall keep a full and correct acc-ount of its proceedinj^s. and shall make reports semi-anntially to the municiiial assembly, giving detailed statements of the operations of the board, of all recei])ts and expenditures, showing, all atnonnts paid out. to whom paid and for what jiaid, and the j;eneral con- dition of the fund. The oflict'rs ai)pointcd by the board shall make re](orts to the same, as ii may from time to time iv(|uirc; and it shall be the duty of the auditini; committee of the board to examine the accounts, books and \oin-hers of the officers, and to make rei)ort thereof to the board of com- missioners once every month; and the said reports, as well as tlie liooks of the board, shall be subject to insjtection by any member of the muViicipal assembly. (M. ('.. sec. 15(j4. ) See Surve>Mng Co. vs. St. Louis. 6S Mo. .\pp. IS'2. See openiiigr note ot tliLs chapter. S'c. Ititrl. <)lli<'ers — diif it's of, bonds aiul salaries. — The board shall, in their by laws, prescribe the iliiiics of the respective oflicers and fix their salaries, which shall not exceed two thousand dollars per annum for the -secretary and lifteen Imndi-ed dollars for the assistant secretary, who shall be able to speak the i;iij;lish and (ierman laiifiuajics. The board shall re(|uire and lake from its oflicers projier and siifticient bonds, with at least two >;ood si'curities; that of the secretary to be in the amount of twenty- five thousand (hdlars. and that of the assistant secretaiT to be in the amount of live thousand dollars; said bonds being couditicmed for the faith- ful discharge of their duties, and for the safekeeping and j)roper exjiendi- ture of all money and jiroperty that may come into their hands. But no member of the boaril or of the municipal assembly shall be taken as a bonds- tuan or security on any bond or writing c)bligatorv for the fund, nor shall any i>f the board become a lessee of any lands or pro]ierty of the fniul. either as contractor, sidx-ontractor for work or material, or in any other way; and whenever it shall come to the knowledge of the board that any member there- of is in anywise iiecuniarily interesteers. furniture and other things ajipertaining to his office, i M. ('.. .sec. l.'t;."). I •See CharliT. IV. secial duty of the assistant secretary to protect emigrants and travelers from imjiositions and false in- formation attenijited by runners, and iipon theii' departure this officer shall f)i'ocure their tickets and superintend their shipment for their point of desti- nation; but in all this he shall act as the assistant of the secretary only; shall keep the same fully informed and shall not pay out money except under the instructions or at the written order of the president. The assistant sec- retary shall not be permitted to engage in any otIu>r business, nor to receive AltT 1.] OF OFFICERS, QUALIFICATIONS AM> DUTIES. 905 aiiv ciimipfiisiitioii rruiii ciiii^iraiils. imr troiii iiii|p|(ivfs. ikpi- Iruiii :inv lidlcl. Imariliii;; lumsi' or tmiisiporial inn lino, oi- Iroiii persons (•ii;;a';(Ml in anv other linsiness whatever. (M. ("., see. l.")t>'.l. ) S«'. 166!>. Poor t>iiiij;i-anlH — how provided for. — In order that relief may be fnniished to poor eiiii^ii'ants and lra\clcrs roniin>; (o SI. f con- venient point ill the city, within the following: limits, to-wil : North of ("iiou- teaii avenue, stuith of \\'ashington avenue and east of Ei ojien friPiii nine o'clock a. ni.. to four o'clock ]>. in. each day in tlic wet'k, Sumlav and the usual lejral holidays exce[)ted; and on these exceptional days Ihe oftico may be open for om; hour, as the lioard may determine by its by laws. No real estate or other jirivate business shall l)e permitted to be carried (Pii in the oftice. ( M. C, sec. liiTl.l See. liiTl Ki'iil rstatr — how .sohl or h'jiHed. — No real estate of the fund shall be sipIcI without express permission by ordinance of tlie municipal as.sembly. No real estate of the fund shall be leased for a loiiiier |perioecial taxes ff>r public im]provements, which shall be ]iaid by the said board. No member or oflicer of said board shall be intereslecl directly or indirectly in tlie purchase of any pro]>erly of said fund, or in tiie leasing of any property owned by said fund: anil no member shall receive any com- pensation for his service either directly ipi- indireifly. i .M. C., sec. 1.572.) S"i'. 1(172. Vacuiu-y — wlicn (U-ciiumI to »>xist. — The seat of .my member ipf said board, who shall fail to attend three siiccessixc monthly meetings without yood and suftitieni excuse for absence, shall lie deemed therel)y to be vacated, and the president and secretary shall give imme- diate notici' to tlie council as soon as jiracticable, of the existence of such vacancv. and thereupon tlie council shall jiroceed to fill it. iM. C, sec. l.->7:{.i ■ CHAPTER 2o. OK OFFICERS. KT. I. Of thi»lr appointment, qunlincatlons nnd duties. II. Of tln-lr .suspfnslon und removal. III. Of ptiblle property In their charge. IV. Of private watrhmen. .\RTICLK I. OF THEIR AIM'UINT.MENT. QTAM FICATIONS A.ND |prTlE.S.' •Offlcers mii»t personally devote time lo iluil.s Cunut \ri If «••■• is I'li.irt Art. IV. sea 11 and sec note thereto. 906 ItEVISED CODE OR GENERAL ORDINANCES. (CHAP. 20. See. 1673. (Qualifications — shall hold only one office. — Every person elected or appointed to an office under the city shall possess the qualifications enumerated in section ten of article four of the charter, as well as such other qualifications as may be prescribed; and no such per- son shall hold any state office other than notary public, or officer of the militia, nor any federal office, i il. C. sec. 1.574.) See Charter. Art. IV, sec. 10 and discussion in the note thereto. Sec. 1674. Commission required. — >'o jierson shall perform the duties of an office to which he is elected or apjiointed nutil commissioned as hereinafter provided. ( M. C, sec. 1575. i See sec. 1679. Sec. 1675. Oath to be taken. — Every person so elected or ap- pointed shall, before enleriiis; upon the duties of his office, take and sub- scribe an oath or affirmation before some judge or justice of the peace or the register, that he possesses all the foregoing qualifications, that he will support the constitution of the United .States and of the State of Missouri and the charter and ordinances of the City of St. Louis, and that he will faithfully demean himself in office. (M. C., sec. 1576.) S^o Chart.. Art. IV. sec. 43: al.so Art. XVI. sec. 13. Sec. 1676. Bond to be fjiven. — Every officer of the corporation, when so required by law or ordinance, shall, within fifteen days after his election or appointment, and before entering upon the discharge of the duties of his office, give bond to the city in such sums as shall be desig- nated by ordinance, with at least two sufficient securities, conditioned for the faithful i)erformance of his duties as such officer and that he will pay over all moneys that belong to the citv as provided by law. (!M. C, sec. 1577.) All officers r(M|uired to give bond; Cliart.. IV, sees. 4 and 43. See. 1677. Approval of bond. — The form of such bond shall be apjiroved by the city counselor, or, in his absence or inability to act, by the next ranking associate or assistant city counselor, and the sufficiency of the security thereon by the mayor and council ; provided, that no person shall l)e acce])ted as security on such bond who at the time is a member of *he munici])al assembly t)r an officer of the city. (M. C. sec. 1578.) As to approval see next section. An officer may bring: mandamus to compel approval of a bond where such approval is unlawfuUy withheld: State ex rel. vs. Sliannon. 133 Mo. 139. Approval by city counselor, where there is no ordi- nance to that effect, is not necessarj": id. Sec. 1678. 3Ia.vor to approve official bomls, etc. — The :\Iayor shall ap])rove the bonds of all appointed and elective officers; also bonds of constables in the city and all other bonds to the City of St. Louis, exce])t in such cases as may be otherwise provided for by ordinances or charter, and h(> shall execute all appeal bonds and other bonds which, by law or ordin:nic(>. are required to be executed by the city. (M. C, sec. 15711.) .\pproval of bonds of city officers: See Charter. Art. IV. sec. 4: also Rev. Code, sec. 1506: as to appeal bonds by city see i*.. Art. XVI, sec. 6, and note thereto. .•\s to bonds of constables see R. S. 1899, sec. 6532 (herein appearing under "Laws Specially Applicable to St. Louis" as sec. 197); also Scheme, sec. 15. Sec. 1670. Commission — conditions of — issue of. — The bond and oatii licrcin reciiiiied. when executed and approved, shall be filed willi AKT 1.1 OF OFP'ICICHS. Ql'Al.llMrATK ).\S ANH Dl'TIKS. 907 lli<> rejiistcr jiiid t li('rc\i]ii>ii ilu- i-<';;isici- slinll (Iclncr in ilic ihmsoii cIcctiMl or ;i|i|K>iiit('(l. I'xci'pl nu'inlK'rs ami (il'lU'crs of the iiiiiiiifi|ial assciiilil.v. a coniiiiissioii in Ilic iiaiiic of ami si<;n('(l In' tlie mayor, and niKlcr llii' seal of the citv. autliorizinjr ami emiiowcriiij; such person to (liscliar>i(' ilic duties of the oft'ice for the tefiii for wiiirh lie lias Ihhmi (declcd of ap|)oiriled, and until his successof sliall have heeii duly elected of a|ipoinled ami commis- sioned. i.M. ('., sec. ir)SO.) Sec. 1680. New boiKl — to he jrivoii when. — Whenevcf any surety of any officer of tlie cilx shall die. remove from I he city, or become insolvent, and the mayor shall havf reason lo believe th(> sureties on the bond of said oflicers are likely to. or have become insuflicient, the mayor shall re(|uire such officer at a time to be appointed, to show cause why a new bond shall not be jjiveii. and unless cause lie shown, the officer shall be re(|uired within twenty days lo enter into a new bond, and in default thereof, the office shall be vacant and shall lie so declared by the mayor by pfoclamalion. iM. (".. sec. l.'Sl.) Sec. 1(581. Foroffoiiij; serlUm — 1<» wlioiii («» apply. — The provisions of the next forefjoing section shall a|)ply to all elective and appointi\e officers of the city who are by law or oi-dinanee fe(piired to jrive an official bond to the city, i M. C. sec. 1582.) Sec. l(;.Sl>. iioiid <'x:iiuiiiiii'very four years there- after, the mayor shall nominate to the council for conlirination the names of suitable p(>rsons to fill the several offices umler ilie city ;;overnnient which are required to be filled by his a|i]iointmeiil and confiianed by the council. I M. C. sec. iri86.) See pniimprnllon of n-rtaln oflli'uties, as- sistants, «'lerks — their reiiio\:il. The maun- ^hall ajipiiiNe the ap- pointnienf of all the deputies, assistants and clerks of all city officers, as 908 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 20. are required bv charter or ordinance to be so ajiproved, before such depu- ties, assistants and clerlvs shall be (jualifled for the positions for which they have been appointed, and for cause may remove any deputy, assistant or clerk employed in any of th<' city departments. ( JI. (_'., sec. 1587.) The assistants of any officer may be removed for cause by the mayor, or by the officer under whom they work, at his pleasure: Charter, Art. IV, sec. 14; State ex rel. vs. Longfellow, 93 Mo. App. 364; State ex rel. vs. Longfellow, 95 Mo. App. 6e0; Magner vs. S;. Louis, 179 Mo. 49.5. 498. As to removal and suspension of officers see next article. In some cases appointments so far as the public are concerned may be implied from acts by the city: Kiley vs. Forsee, 57 Mo. 390; and an approval by the mayor implied: State ex rel. vs. Edwards, 136 Mo. 360; Westberg vs. K. C. 64 Mo. 493. Sec. 1687. Office — chang^e of residence — when to vacate. — Any officer of the city who shall leave the same, with the intention of residing thereout, shall thereby vacate his office, and thereupon the pro- ceedings provided in case of vacancy shall be had. (M. C, sec. 1588.) All municipal officers must reside in the city: Charter, IV., sec. 19. Sec 1688. Leave of absence may be granted by mayor. — The mayor may grant in writing a temporary leave of absence to any officer for ^ term not exceeding twenty days, which shall l)e filed with the register, and any officer absenting liimself from the city for the period of one week without such leave, shall thereby vacate his office, and no officer shall receive any salary during the time he is absent from the city without leave. (M. C, "sec. 1589.) But the salary deduction does not apply to the mayor: See note to sec. 1487. Sec. 1689. Office — elective — vacancy in, how filled. — If any vacancy, otlier than by removal from office, occur, in an elective office, within six mouths from the expiration of the time for which its incumbent shall have been elected, the council shall, except where otherwise provided by ordinance, by election fill the vacancy for the unexpired term, except iu case of the mayor's office, which, if it becomes vacant within six months from the expiration of the mayor's term, shall be filled by the jiresident of the council, who shall be ex-officio and acting mayor for the unexpired term. (M. C, sec. 1590.) — .^ f See Charter, Art. IV, sees. 12 and 13, and Art. Ill, sec. 26, clause 8, and notes to each, and see R. C. sec. 1513, 1514, as to removal of mayor. "An office is vacant within legal intendment, and for all purposes of election or appointment, as well when the official term of the occupant has expired, as in case of his death, resignation or removal": State ex rel. vs. Thomas. 102 Mo. 85, 91, overruling State vs. Lusk, IS Mo. 333. An appointee for a designated term who holds over because of a failure by the appointing power to name a successor is a mere locum tenens, removable at will; and his successor when appointed only holds for the balance of the unexpired term reckoning from the time of the ex- piration of the regular term of the former incumbent: State vs. Stonestreet, 99 Mo. 361. Sec. 1690. Special election — when held. — A vacaucy occuring in an elective office more than six months before the expiration of the term thereof, shall be filled by a special election, which shall be immedi- ately ordered by the mayor for the purpose, and five days' public notice of the time and place of holding any special election sh:ill be given. (M. C, sec. l.V.il. ) Charter, Art. Ill, sec. 26, clause eighth, authorizes this ordinance: State ex rel. vs. Thomas. 102 Mo.. 85. 89 (upholding the validity of this section as being within the charter powers of the city.) See also note to Charter. Art. IV, sec. 13. ART. II. 1 OF SUSPKNSION ANI> RKMOVAI, OF OFFICERS. ;M)9 .VKTICI.K II. OF TIIFTR SrSPENSION .VNIi EU:.Mi A' .\ I , • StM-. Klltl. Oriu'ors — wliJit coiuliu't iiii.stlcnu'aiior entailing re- in<>\al. — Any ol'ticcf of the city who shall rcl'tisc or wiirully Tail oi- iic};;- Ict't to iH'fform any duty oiijoIiumI upon him liy law or ordinance, or .shall in the discliarjic of his ol'licial duties he Ljuilly of any t'rainl, cxlorlion, op- |.i-cssii)n. ta\uril ism. iiarliaiilv oi' wilful w ron^ or itijusijic. shall he dt'onu'd ;;uilty of a inisdcnieanor, and shall lie removed fi'oiu office. (^M. O., .sec. l.".!»L'.) See State ox rol. vs. Walbrldge. 119 Mo. 38.1. and note to CImrtfr. Art. IV. sec. 5. Si I. 16!)J. Eloctivi' ot'fic*'!' — wIm'h may ho sus|m>iuIo(I by iiia.^or. — -The mayor shall have power lo suspend from ofliii' for cause any elective officer of the city, and lie shall immediately notify the council of such suspension and the causes ttiere(d". i M. ('.. sec. loDS.) S<'c. Kiit;}. Siispnisioii — Im»\v «'n'«M't«Ml. — Such suspension shall be etfei'ted by an oiilei- tiled \>\ ilie ma\(ir with the register, accompanii'd liy a statement of the charjies ujion which the same is founded, a coi)y of which order and charjies shall lie immediately delivered to the officer su.siiended, who shall therenpon cease to exercise any of the duties of the office from which he shall have been sns|iended. iM. (".. sec. 1."!I4.| Sec. It)!t4 Vacaii«'> by siisi>«'iisioii — bo\\ (ilbMl. — Itniiiedi- ately upon the suspension of an ofliier the iiiayoi- sliall .ippuint a person to fill the office for the time beiiiL'. i .M. <'., s(>c. l.")'.i."). i Sec 169.'). Charfjes — tniusiiiissioii to council — special .ses- sion. — The charp' preferred as aforesaiil shall be immediately laid by the inayoi- before the council, if in session, and if the council is not in session, he shall by proclamation, call a s](ecial session of thi' council, j^iviii}; not less than three days' notice, and statin}; the object for which the council is convened, and for the purposes of the special session of the council thus convened. It sliall not be necessiiry to ccuiveiie the house of dele;;ates. f^f. < '.. sec. l.")IKi.i See Charter. Art. IV. sec. 6. Sec. 1()96. CoinniittJ'e of prosecution to be a|>p«>inte(l. — The council shall appoint a ciunmiitee to iiKpiire into the iiuili of ihe (•harges, and if the committee deem the same well-founded, they shall frame and r(>port charjjes ajjainst the officer, and the council shall .ippoint a day l"«>r hearini; the same. (M. C, sec. 1597.) S'"-. lt)07. ("harjjes anti notice to be served. — A copy of the chai-j;es ami specitication, with a notice of the day set ff>r hearin<; the same, shall 1m» served on the accuseil at least live days before Ihe day of hearing. ( M. ('., sec. l.")08.) Sec. n;',ts, rnx-edure upon triiil. ('jton the day set, the council shall meet and ]<\i" I :h icnlitiu' <<< its rules and hear the evidence a<;aiust •For Charter provlalons on suaiicnslon and removal of ofllcers. ttc. see Art. III. sec. 26. clause 8: and e.iperlally Art. IV. sees. 5. 6. 7. S. 11 and 14 and notes thereto. See discussion and authorities In note to Charter. Art. IV. sec. 5. 910 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 20. and for the accused, adjourning from time to time, as may be necessary, until all the evidence shall be given, and within three days after the evi- dence is closed, shall vote by yeas and nays upon each charge and specitica- tion separately. The question ujion each charge shall be "Is the accused guilty?" If the council, by a majority vote of all the members elected shall find the accused guilty of any of the charges, and shall, by resolution, sanction the action of the mayor and resolve that the accu.sed be removed from office, the suspended officer shall thereby be removed from office and a new election shall be ordered to fill the vacancy. But if a majority dis- agree with the mayor, the accused shall be immediateh' reinstated, i M. C, sec. 1599.) Sec. 1699. Proceed iiifjs to be entered on journal. — The pro- ceedings of the council as aforesaid, shall be entered at laiiie on the jour- nal. (M. C, sec. IGOO.) Sec. 1700. Subpoenas — by whom issued, eto. — Subpopuas may be issued by the president of the council, and served and returned by the city marshal, and any witness who shall neglect to obey such subijoeuas or appearing, shall refuse to testify, may be punished by imprisonment or fine, or both. (M. C. sec. IfiOl.) Sec. 1701. Depositions— Avhen may be taken,— -Depositious of witnesses beyond the jurisdiction of the council, or disabled by sickness or other causes from attendance, may be read on the trial, if taken in con- formity to the laws of the state; when taken on behalf of the accused, notice shall be served on the city attorney or city counselor, if the latter be representing the prosecution. ( JI. C. sec. in02.) Sec. 1702. Acensed and eity — liow represented.— Upon the trial, the accused shall be entitled to be heard by himself or counsel in his defense, and the cit;\- attorney shall prosecute, on behalf of the city, unless he be the accused, in which event the counselor shall prosecute. (M. C. sec. l(i()3.) Sec. I70o. Removal of appointive officer — proceedings in case of. — ^Vhenever the mayor shall remove any appointed officer from office, he shall innnediately notify the council of such removal and the causes therefor; and said council shall fill the vacancy by electing a suit- able ])erson to fill the place. If the council be not in session, the mayor shall temporarily fill the vacancy and shall rejjort the fact of the removal at the next session of the council. The mayor shall have the same jiower of removing an officer so elected as if he had been ajijiointed by the mayor. Whenever the council shall rcnioxc any officer ajijiointed by the mayor, the mayor shall fill the vacancy by aiioilier person and no confirmation by the council shall be re(]uired. iM. <".. sec. 1604.) See on subject of removal of offioers. discussion in note under Cliarrer. An. IV, sec. Ti. Sec. 1704 Officers — ^^ap|>ointed, may be removed by council — mayor fills vac-ancy — special session. — .Vll officers appointed by the mayor shall be subject to a removal by a majority of the elected mem- bei's of the council, and if so removed the mayor shall fill the vacancy by another iierson and no coiiflrniation of the council shall be reipiired. When- ever the removal of any officer by the council be pro]iosed. and the same is AKi' III I HI' rrni.ic propim^tv in < haki; ; iii' (iii'ici: us. 911 not in sfssioii, llic |ii'csis. S uiul 12. Sec 1705. In ease of sn.spcnsion no salary allowed.. — No orfKi'i- sliall receive anv salary linriii^ the lime lie is sns]ientl(Mi liy llie niavui-. nor until (lie eonneil shall (ieciile the ease. (M. ('., .see. Kiix;. i In State i-x rel. vs. Carr. 3 Mo. App. 6, It was hold iimler this section by tho L'ourt - for the time suspended: but In general It Is held that one legally suspend»'il from ofllce cannot recover compensation during the jierlod of suspension, whether afterward acquitted or not; but. (until removed or .suspended for cause) the salary Is an Incident to the ofllce and Is to be paid an officer of the city whether or not he neglects his duties: See on these and similar points note to Charter. .\rt. XVF. sec. 17; also note to ii.. Art. IV, sec. 5. See 170t). OlTirtTs — ■■(■ni<>\ ill «>!', I>\ coiiiiril — ii of. — Whenever tlie-eonneil shall, of their own niotiun. jiroeeed to remove or eon- sitler the removal of any elected eitv ol'lie^r. as jirovided in section twelve of article four of the charter, a committee of the council apjiointed for tiiat [inriHise shall frame and submit charjies. and the trial thereof sliall lie had as |iriivi('cd in sections Hi'.lT. IH'.IS, Ki'.l'.l, I7II1 and 17IIL'. except tli;it iipon such trial a two-thirds vole of all the members of the cDiiiicil is rei|uii('d for tlu' rcmov;il of the officer, i M. (".. sec. I()(l7.i .Mrncid: in. oi' pi-m.i<- iMti)i-i:i:-rv i.v tiikir cn.vitGE. See. 1707. K 4' ( II r II lists of |M-o|K'r(.v to be made. — On the lirst .Mondays of April and Ociuiicr of I'acii year the several elected and appointed officers, clerks, ein[>loyes, and all jjersoiis holding office in the corporation of the City of St. Louis, shall make a full and accui-ale return list of all pro](erty of whatever kimi or nature in their said oftice. or that may come into their possession, durinj; their term of oftice. or that comes to them in any way after they have become (|uaiitied and taken charj;e of their said oftice: and wliicli return list shall emiuace, in tabular form, the name, number, kind of article, for what purpose used, coinlition and full description and ^reneral remarks attaclied to each entry in order to render full s;ifisfaction as re-^ards the same. Said retiwu list shall embrace a statement of all condemned. sur|dus or refu.se proiK-rty that may have been h:id of rejiorted during; the precedinj^ year in the department or office :md the disposition m:ide thereof. I .M. ('.. sec. KiOS.i See. \'ii^. Kedirii list — how dis|M»s(Ml of. — .Said list when fully completed sIkiII be returned to the ofliee of the comptrcdler, whose duty it sliall Ik', and said officer is hereby re<|uired, to provide a br»ok of proper size, rejiularly printed, i-uled. indexed. paj;eil, numlM>red. indorsed as ■•pul>lie property, record number — and year." in which shall be entert'd and written in a lejrible hand the contents of each and every list so returned, ;;ivinj: the name of the officer .-mil his official |iosition, the date and year the return was made, and such other fai'ts connected with the same as m;iy be deemed uecessarv jiiid nf importanci-. iM ('...see, KiOD.) 912 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 20. Sec. 1709. Estimates for supplies — when to be made. — All officers requiriug .sujiplies shall, ou or beiore the first oi' each month, make an estimate of what articles are required for use in their department for the coming month, and shall make but one requisition per month for any one article needed. (M. C, sec. ICIO.) Sec. 1710. Property unfit for service — disposition of. — Every officer before making requisition for any article needed, shall care- fully examine all the articles he may have under his charge, and if the articles, such as tools, furniture, etc., are unfit for service, they shall be turned over to the comptroller on receipt of the new articles. (M. C, sec. 1611.) Sec. 1711. Vehicles of city, liow marked. — AH vehicles be- longing to the city shall have the word "city" painted on each side thereof in Roman letters, at least one and one-quarter inches long. In addition to the above the vehicles used by the police department shall have the letters "P. I);" those used by the health department shall have the letters "H. D ;" and those used by tiie fire depai-tment shall have the letters "F. 1».'" painted on each side thereof, and each department shall number their vehicles con- secutively, beginning with number one. (M. C, sec. I(il2.) See. 1712. Duty of officers — having^ vehicles. — It shall be the duty of every city officer having vehicles under his charge to have said vehicles marked in accordance with the section next i)receding. (M. C, sec. 1613.) See. 1713. 8ame — penalty. — Any person using, or having in his possession, or under his control anj- vehicle belonging to the city, not marked as required by the next two foregoing sections of this article, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined not less than twentv-five nor more than one hundred dollars for each oftense. (M. C, sec. 1614.) ARTICLE IV. OF PRIVATE WATCHMEN. Sec. 1714. Private watchmen, etc. — conditions of employ- ment. — The police commissioners of the City of St. Louis shall have power to regulate and license all private watchmen, private detectives and pri- vate policemen, and no person shall act as private watchman, private de- tective or private policemen in this city without the written license of the president or acting president of the police board; provided, however, that no charge shall be made for the issue of such license or permit; provided, further, that in case of the disability of a licensed watchman, a substitute may be enqdoyed without license, for a term not exceeding one week. Every violation of this section shall be a misdemeanor and shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars for each offense. (M. C, sec. 1615.) ART. I.I . C)l'" TIIIC CtJM.MlSSIUNKHS. <)13 CHAPTER 21. r-KNAL, AN'l) CMIAKIT \i:l,l-: INSTITlTIi ins. 1 > i;|'A1;T.M1;.NT OF. Alt'r. I. Of thf ('(iinmisHionfi's, II. Of foundling!). III. Of tlu- Juller. IV. Of tlU' worklimisf. V. Of St. Iwoiila Iniltistrlnl School. AUllLl,!': I. I>F TIIK CO.MAIISSIONIOKS.* Sec. 171."). AppoiiitiiH'iit <»f. — The aiiiioiiitnicnt of five coiniiiissioii- crs on i-liiirilalili- iii.-ii iiui imis pruxidcti for in section two of arli<'lc four ol' tlic ciiartcr shall lie iiiailc in such a niaiincr that as far as praclicaMc thcri' shall not lie a majorily lieloii;iinj; to anv one religious sect or jiolilical [larly. i.M. C, sec. H)1().| Sec. ITlii. Koonis for iis«> (»r. — Tlie mayor shall assign a suitable room in the ciiy hail I'oi- the use of the commissioners, in whiili tln'v shall meet at least once in each month, i M. ('.. sei'. KilT.) See. 1717. I'r«'si(l«'ii( — riih'.s. The commissioners shall elect Irom their nnmlier a presiileiu, who shall Imlil his ot'li<-e dtiriiifi the time for which the commissioners an; aiipoinled. or until iiis successor is elected, and qualitied. They may make sudi rules and rejiulations for the trans- iiction of their hnsiness as tliey may deem exjiedient not inconsistent with the charter anil ordinances. (M. C. sec. IfilS.) Sec. 171S. S«M'i-«'t;ir>. The assistant secretary ol liie ninnril siiall act as .secretary of the comniissionei's. and shall perform all cleiiiai duties necessary for the tran-i.-iiiinti of iheii- linsincss. (M. ('.. sec. ir.i;i.) See. iTl'.t. GeiuTal power.s and tliities — liiterlVri'iice with — niis(l(>iu(>an<>r. — The commi.ssioners on charilahle institulions shall have a j;eneral visiiorial supervision over all penal and charitalile institutions sii|iported wholly or in jiart liy (he city, and shall have full authority at all times to inspect and examine the conditions of such inst ilu( ions, tinancially and otherwise: to in(|iiire and examine into their methnds of instiuctinn, and tlie government, treatment and nianauement of their inmates; the offi- cial ciuidiict of manafiers, superintendents, and all other oflicers and em- ployes of the same; the receipts and expenditures of money; the condition of the liuildin^s, jirounds. and t!i(> other projierty connected therewith, and into all other matters |iertaininefore committees. — The said coinniissioners, or an.\ one of tlieiii, shall ajiipcai- befdic any com- mittee of either house of the municipal assembly tiiai may rci|iiire llu'ir attendance. (M. ('., sec. 1G24.) Sec, 1724. Incpiiries to be made, Avlien api)roi»riations de- sired. — Whenever any of the institutions under Ihe su|iei\ isioii of the commissioners desire an aii]U'opriation for any jiui-j.ose other than their usual expen.ses, they shall inquire carefully and fully into the ground of such want, the purjiose or jiurposes for whicli it proposes to use the same, the amount which will be required to accomplish the desired ])rojcct, and I ART II 1 OF FOUNDLINGS. 915 into aii.v otiur matters connected therewith, and shall report to the inunici- j)al assoiiililv the result of such inquiries, tofiether with their own o|>inion8 and conclusions rclaiin<; to the whole suhject. ( M. ('.. sec. 1(11.'."). I Sec. 17_''). Co III ni i s .s iu 11 V rs not to hv iutvvvstvd in «"ou- trsifts — w li <» iiM'lijjfilile. — No one of said coiniiiissioiiers shall lie diiect- l_v or indirectlv iiitcicsicd in aiiv contract for buildinjr. rejiairinj; or fur- nishing' aiiv of the iiisiitulions under liieir suiiervisioii. nor shall any officer of such institutions hv ciii^ible to the oftice of coniniissioiicr herein created. No money shall he ]>aid liy any city ofticer. nor shall the city he in any manner liable on any contract made in violation of this section, or in which either of said commissioners shall, after the niakin<; thereof, become direct- ly or indirectly interested, and any commissioner violatin<; the i>rovision8 of this section shall thereby vacate his ofliee. i M. C, sec. ICJC. i St'O Charter. .\rt. IV, sec. 10 and notes. Sec. 17JG. Failure to attend ni«'«'hans' Home, at a rate not exceeding twelve dollars |ier month jier head for those foundlings which may hereafter he admitt(>d under permit of the mayor, smdi conipen- saiion to Im> in full foi- every rharge of every nature for the clothing, lodg- ing, care, medical alfendaiire and maintenance of the child. lOrd. I.'>!11(!7, ord. 18084 ami ord. 13525.) Ord. 13523 makes provision for St. Anne's Widow's Home and Infant Asylum and I>yln(f-ln Hospital: ord. 1S06T (which Is the only one of these three referred lo In Mun. Code, being sec. 1629 thereof) provides for Bethesda Home, and ord. IS084 for St. I.«uU Colored Orphans' Home (for colored foundllnfcs). In as much as the provisions for terms, supervision, etc.. as per next three sections. In each of these ordinances are Identical, they arc all Included In the same sections. See. 172!t. (Iiililmi llirrr >f.ii'^ or iimler oiil> iiifliHled — contracts m;n \u- .ihrog-.itfd. .Noihjiig hei-.^n .•oniained shall ap- i 916 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 21. ply to any child over the age of three years. And provided further that the contract may at any time be abrogated by an ordinance, {lb.} Sec. 1730. City g'iven .suporvisioii of foundliiifjs. — All found- lings admitted to said institution under tlie terms of this article and said contract shall be subject to the supervision and administration of the mayor, or of any officer of the city government by him designated for the purpose, and the mayor and commissioners on charitable institutions of the City of St. Louis shall have a general visitorial supervision over said institution during the existence of the contract herein specified, and this article shall be set forth in full in said contract. (Ih.) Sec. 1731. Pay for foiiiidling^s cease.s when child is three years old — legal api>r<>i>riatioii required. — No money shall be pay- able under said contract for any fouiidliug after the same shall have ar- rived at the age of three years; jirovided, that no contract shall be made or entered into by the mayor until the money necessary to pay for the main- tenance and support of said foundlings shall be set apart and appropriated, as required by the charter of the city. {Ih.) ARTICLE in. OF .TAILER. Sec. 1732. Jailer — office of created — qualifleatioiis. — There is hereby established the office of jailer of the City of St. Louis. Said jailer to be appointed by the mayor and approved by the council, and to hold his office for four years, and until his successor is ajjpointed and duly (|uali- fied. No person siiall be appointed to the office of jailer who is not a citi- zen of the United States, and who has not been a resident of this city for at least two years previous to his. appointment. (M. C, sec. 1633.) Sec. 1733. Jailer — his superintendence and authority. — The jailer shall have under his control and sujierintendence. the jail, deputy jailer and guards, and shall, with the advice and consent of the mayor, jjre- scribe all needful and proper rules and regulations for the government and management thereof, and the treatment of the persons therein confined, not inconsistent with the provisions of the general laws of the state or charter of the city concerning jails and jailers. (M. C, sec. 1634.) See. 1734. Jailer— requisition of, for supplies.— The commis- sioner of supplies, shall, upon the rerpiisition of the jailer, to be approved by the mayor and comptroller, supply all necessaries for the jail, either in the way" of food, clothing, medicine, liedding, fuel, [or] lights, and all other necessaries for the care, confinement and treatment of ])risoners, and the proi)er management and conduct of the jail. ( M. C, .sec. Iti35.) Sec. 1735. Jailer— quarters an«l hours of.— The mayor shall cause quarters to be assigned to Hie jailer in the building or square uprth which the jail is located, and it shall be the duty of said jailer, or his dc])- uty to be on hand during the day and night to enforce all rules and regula- tions in relation to the confinement of prisoners and all other needful meas- ures that may be necessary to prevent any infringement of the rules. (M. C, sec. 1636.) ART. III.) OF JAII.RR. 917 Sec. 173(>. »lailer — Ixnul iiiid coniiK'nsation. — The jniler shall give bond to the ("itv of St. Loiii.s in Ilie .sum of ten thonsand dollar.s, with not less than three <;ood and snfticienl securities, who siiali lie owners of uuini'nnil)ercd real estate in the City of St. Louis, to be approved by the mayor and eouueil, for the faithful performance of his duties; said bond shall be tiled in the register's office. The jailer shall receive as compensa- tion for his services the sum of tiftcrn hundred dollars per annum, payable monthly. i.M. (\. sec. ll"..'!?..) Si.'. 17o7. Deputy, ;;uar clerk, who shall receive a salary at the rale of six hundred dollars per annum, payable montlily. The jailer shall also appoint, by and with the api)roval of the mayor, the following guards, whose compensation shall be as follows, viz.: twenty- four guards, three of whom shall be women, so that the women in the jail shall be all the twenty-four hours continuously under the care of a woman guard. Said guards shall be ]iaid at the rate of seven hundred and twenty dollars each |i<'r annum, ami also one chief cook, one tirst assistant cook, twi) second assistant cooks whose compensation shall he as foUow's: chief cook at the rate of six hundred dollars jier anntim ; one first assistant cook, at the rate of four hundred and eighty dollars ju-r annum; two second as- sistant cook.s, who shall each receive a salary at the rate of three hundred an discharged at the pleasure of the jailer, with the ap- proval of the mayor. iM. ('.. sec. 1638.) Sec. 1738. Hoiuls to !>«' g:i\('ii. — The deputy jaihr shall give bond to the City of St. Louis in the sum of five thousand dollars, and the guanls shall each give bonil to said city in the sum of two thousand dol- lars, with two or more securities, who shall be the owners of uninciunbered real estate in the ("ily of St. Louis, to be approved l)y the mayor and I'oun- lil, for the faithful performance of their duties. (M. C, sec. It!.?!).) See. 17:{"J. .1 a i I (' r — diitirs <»f. — The jailer appointed under this i-hapler shall do and perform all the acts and duties heretofore discharged by Ihe jailer of Si. Louis ('ounty. lie shall be res](onsible for the manage- ment of Ihe jail, the care and custody of all [trisoners and |)ro]>erty, and any colleitions of money made by him shall be deposited in the city treas ury, taking triplicate receijits therefi)r, one of which shall !)<• tiled wiih ihe auditor and one with tlie compti'oller. i >L (;,, .sec. l(i-t().| Sec. 1740. Jail — location of.— The building erected by the late Counly <"ourt of St. Lotiis ('ouiii\, on ("lark avenue. lOleventh. Twelfth and Spruce slre<"t, anil known and designated as the I'our Courts, is the build- ing wherein shall be esiablisheuis. I M. ('., sec. 1041.) See. 1741. ( liililrcii liow (-ontincil. — Hereafter all children uuder the age of lifieeTi \e:irs luiiijiieii in ihe jail and in the calaboose sliall be kept .separate and ajiart from the other inmates of said institution. (M. C, sec. KU'J.I 918 ni':visED code or general ordinances. ichap. :;i. ARTICLE IV. OF THE \YORKHOUSE.' Sec. 1742. Ij«esiti(>ii of workhouse. — The houses, inelosures and fixtures erected on that portion of tlie iioi-theast quarter of block number eighty-five in the city couunons wliicii lies between Jerterson avenue and the macadamized Carondelet road [now corner Broadway and Meramec streets] be, and they are hereby declai-ed to be the workhouse of the City of St. Louis, and shall be so known and designated. (M. C, sec. J(J43.) Sec. 1743. Duties of siiperiiiteiulent enumerated. — The super- intendent of the workhouse shall have the control and management of said workhouse, and it shall be his duty: First — To see that all laws and ordi- nances relating to said workhouse are fully and faithfully enforced. Second — To exercise a general supervision over the officers and employes con- nected with the workhouse antl the management thereof. Third — To ))re- scribe the kind of labor at which and the place where all the prisoners in the woi'khouse shall be employed. Fourth — To establish sm h rules and regulations generally for the government and management of the work- house as he may deem proper, not contrary to or inconsistent with the jji'o- visions of this chapter, and to cause the same to be printed and posted in each and every department of the workhouse. Fifth — To reside in the tene- ment erected for his residence within the workliouse iuclosure, and to have the cai'e and custody of the workhouse and the grounds, inelosures, fixtures, appurtenances and tools, and all ])roperty pertaining thereto, and of all per.sons pertaining thereto, and of all persons confined therein, and daily to visit all departments thereof and see if the same is properly cleaned and in good order. Sixth — To attend to the management of the prisoners and guards; to see personally that the prisoners are employed at the places and the work directed by the board of public imi>rovenients; to see per- sonally that the guards do their duty; to attend to the safe-keejiing of the prisoners; to see that the prisoners are projierly lodged and fed. and to report to the mayor at the end of each month the amount and descrijition of work done by the prisoners, the amount of the stock on hand jiroduced by their labor, the amount produced during the month and the amount sold during the month ; the condition of the property of the city connected with the workhouse and such other facts as may be required. Seventh — To deliver to his successor in office all prisoners confined in the workhouse and all property of the city connected therewith. (M. C, sec, 1644.) *See Charter, Art. I. .sec. 1; Art. III. sec. 26, clause third; but special authority is found in Art, III, sec. 26. clause tenth: see also authorities and discussion in note to R, C. sec, 1265. treating: of police courts, punishments and penalties, pro- visions applicable to workhouse, etc., to which may be added Ulrich vs. St. Louis. 112 Mo, 13S. 144: "The city defendant in conducting its wor.vhouse cannot be re- garded as doing so as a means of profit or private municipal gain or revenue. It is obvious beyond question that the workhouse in tliis case was erected and conducted for the public good, and imprisonment therein was only the legitimate exercise of suitable police regulations such as the city undoubtedly had the power to enact." Hence it was held that the city "was not liable for alleged negligence of the superintendent. i^ersons under certain age may l.>e sent to tltc House of Refuge (now called St. Louis Industrial School) instead of the workhouse: see references in note to next article of this chapter. By the Charter. Art. VI. sec, 1 (paragraph on "Construction^ — Culvert.s — Par- tial Grading." etc) there is a proviso that such work may be done by the city "by the labor of prisoners at the workhouse." i AHT. I v.] OF THK WORKHOUSE. 919 Sic. 1744. K e (• «» r be kept. — The sajxTiu- tfiidt'iit shall also ri'i-oive all persons i-oiiiuiitti'd lo Ilic worklionso l>y the luarslial and register iu a book, to be kept for that i)urpose, the name, ajje, height, color, place of birth of each prisoner received, and such other facts as ina.v lie necessary, and the uuinber of times said jirisoner has been com- mitted. I .M. C. see. Itj4.").) Sec. 1743. At'coimt of «iii.vs \\«>rk«Ml aiul prisoiierH. — He shall also ktH'p an acciirale accouiil of days worked li\ each jUMsoner. and also keep a daily account of the nuinbci- ol' |)risoncrs on hand and the work at wliicli llifv li:i\f IircM fni]iloyed. i.M. <'.. sec. KIKI.i .•^ci-. I74t>. 'r«'riiiinalonthly rcMiuisition.s for .supi>lies to he made. — It shall further be the dtity of the superintendent of the workhouse to prepare and sidimit at the end of each month to the commissioner of sup- |(lies a full and detailed requisition of the necessary suiijilies foi- tiie work- house, such as provisions, clothing, tools, provender for horses, and such other articles as may be reiiuired for the use of said institution for the next ensuing nioiiili. ( M. C, sec. 1649.) See. 17411. S II !> «' r V i s i o II of food aixl apartiiieiits — otiier duties. — The su]ierinteinlent shall also supervise the cooking and pro- Miliiig of meals for the prisoners, and see that they hav(> sufliciently good and wholesome food, and that their sleeping apartments are jtroperly cleaned and ventilated, and to attend to all other duties that may be re- •quired of hiiu by the board of public improvements. (M. C, see. l(jr)0.) Seo post R. C. see. 176S. See. I7.'itl. Food to he providi'd for g^uards and <'iiipIoyes. — The superintendent shall pro\ ide suitable food for the guar(ls and etii ployes of said workhouse, and the requisitions for said food shall he mnde in the sjune nuinner as prescribed in section 174S, but sejiarate accounts shall Im' kept by the commissioner of su(ii)lies aiif i)risoners. — The superintendent shall keep all prisoners committed to the workhouse emjdoyed at such useful and profitable labor as their health and strength will i)ermit, ten hours each day; but no prisoner shall be required to work before sunrise or after sun- set, except in extraordinary cases, and then he shall be allowed extra pay at the rate of fifteen cents per hour. (M. C, sec. 1G54.) See Charter, clause 10 o£ sec. 26 of Art. III. The city has no authority under the charter to let the prisoners by contract to a private party to be worked by him for a consideration to be paid the city; but neither is such action expressly prohibited; hence if such contract be in fact made the city can recover for work done by tlie prisoners, and the contractor is estopped, after deriving benefits un- der his contract, from setting up its invalidity: St. Louis vs. Davidson, 102 Mo. 149. B.v Charter, Art. VI, sec. 1, end of paragraph on Construction, Culverts, Par- tial Grading, it is provided that the city may do such work "by the labor of prisoners at the workhouse." Sec. 1754. Siiper intend en t — receipt to be talcen b.v for bills. — Whenever the superintendent shall deliver any bill to the collector for collection, for work done by the jirisoners or material sold from the workliou.se. he shall take triplicate receipts from the collector, one of which he shall tile in the office of the com]»troller, one in the office of the auditor, and one shall be filed in the office at the workhouse; said receipts shall specify the name of the jiarty indebted to the city, the amount due, the chai-acter of the work done or materials furnished, and the date of contract. IM. n., sec. 1657.) Sec. 1755. Daily aeconnts of prisoner.s and Avork — bills — accounts of .superintendent — auditinff. — The suiieriuteiident shall cause to be kejit in jiroper books, a daily account of the number of prisoners on hand, and the work at which they have been employed. All bills against said woi'khou.se shall be signed by the superintendent; and his accounts so certified shall be audited by the auditor, in the same way other accounts are audited, and he shall draw his warrant on the treasurer for such amounts, payable out of the ajJiiroju-iation for the workhouse. ( M. C, sec. 1658.) Sec. 1756. Treatment of disorderly prisoners. — Any person who shall refuse to work, or who shall behave in a riotous or disorderly manner, or shall resist or attemjit to escajjc from the woi'khouse, may be committed to close and solitary confinement, and may be fed on bread and water until he consents to perform his duty; and may, if necessary, be put in irons; but the mayor shall have power to control the superintendent in the extent and manner of punishment. (M. C, sec. 1659.) "That the city may make reasonable rules of discipline for the government of AKT. IV. I OF TllK WORKHOUSE. 921 the Inmnti-a of the workhouse Is beyond nuostlon. Ulrloh vs. St. I»uls, 112 Mo. 13S, A rule of discipline re, t'.l::. Sff. 1757. N «) J i «• r to In- };ivi'ii oT t'srapos. — Wli.n.vir any lirisoniM- shall t'scapc I'l-oiii the workhtmso ilic suiicriiitcndcnt shall imnie- (iiati'ly notify tlu' mayor and the chifr of [lolicc ihcrcol" and shall furnish the lalti-r with a dcscriplion of the fujjilive. and a statciiKMit of the man- nor of fs»a|n>. and if he fails so to do williin twenty four hours after sinh esca|ie, he shall lie liahle for the amount of lines and eosts «'s. .\iiy |iiisi>iiei' cscaiiiiij,' from ilie workhouse shall forfeit the time he may have lahored ihei'ein: and. upon belli}; retaken, shall work out tlie whole amount for whiili he was orifjinally eoinmilted, and the eost of lioardiii}; fm- ilir whole time, i M. (\, see. 1(!(J1,) The validity of this section in thus lent;thenln)< the original terin without a trial and conviction Is by no means clear. See. 175!I. I'rixMU'r.n — foriVitiiros iiiid < r«Mli(M. — Any iirisoner who may be plaeetl in solitary conlinemeiit. or may refuse to perform his ta.sk, shall not be allowed a eredit for the time of such coufinemeut or re- fusal: and the cost of his boartIin<; duriii}; the time of such confinement or refusal sh;ill be added to the amount for which he was committed; and worked out by liim. If any ]irisoner shall be sick and unable to work, he shall be allowed his lime as ihoiiuh he had worked, but the amount of his board shall be cliarj;ed to him. If the weather should be so inclement that the prisoners cannot work, those who cannot be kept at work for that rea- son shall, nevertheless, be allowed a credit as though they had woi-ked. I)ut their board for such time shall be charj;ed to them, i .M. «'.. si'c jtiiiL'. i This section In effect confers upon the superintendent of the workhouse the pf»wer. under the i^ulse of enforcing a rule of discipline, to judicially convict, sen- tence and contlni* a prisoner In that Institution beyond the niaxinium period of six months, prescribed by the Charter (Art. Ill, sec. 26, clause 10); and so much thereof as authorizes the superintendent to not anow credit for any days of serv- ice In the workhouse against the time of imprisonment for which the offender was convicted, violates the Charter, and section iv of lue Biil oi Rights, in that It authorizes deprivation of liberty without due process of law, and Is for that reason void: St. Louis vs. Karr, 85 Mo. App. 60S, 614. Sic. iTfiO. HuN'H «)r foiifiiu'iiu'nl of prisoners. — I'risoiKus shall he contined within the ap|U'(iprialc apariiiicnts within one hour after siin- -set, anil all li^ihls in such ajiartinents shall be extinjiuished by nine o'clock p. III., between the first of Ajtril and the first of (»ctob(>r. and by eij;ht o'clock [). III.. durin>x tlie reinaiiider of tlie year, and no lij^hts shall be al- lowed in the sleepiii;; apartments of any prisoner, except in case of sickness, and then luily under llie direction of the physician in attendance, i .M. C, sec. l(ii;:{. ( Sit. ITiil. rii--oiH'i- iii;i.\ olilaiii (li->cliarL;«', when. — .\ny pris- oner may at aiiN liiin- pa,\ the siiperinleiideiii the amouiil of execution am) costs, or balance due thereon, after deductiii}; such credits as I r she may Im> entitled to; and, n|ton such payment, or upon any ]>risoner work- in;; out their fine and costs, or if lie or slie should l)e otiierwise le;;ally en titled to thi'ir discluir<;e, the superintendent shall ^'ive llie ju-isoner a |irinted (U- written di.schar;;e and set tlie same at lilwrty. The prisoners shall each 922 REVISED CODE OR GENERAL ORDINANCES. ICHAP. 21. be allowed fifty ceuts per day for their work, exclusive of board. (M. C, sec. 1G64.) Chart.. III. sec. 26, clause 10. See note above that term cannot be lengtliened. And in the case- of In re Larkowski, 94 Mo. App. 623, it is held that a prisoner sentenced from the Court of Criminal Correction for misdemeanor, is entitled to work out his fine at one dollar per day, and that a provision crediting him only fifty cents per day is void as in conflict with State statutes. Sec. 1762. Kestri<'tioii of intercourse with prisoiier.s. — No person, except the mayoi-. iiicnihers of the iiniiii(i]ial asseinhly and officers of the workhouse, shall hold an\- intcM-course with any jirisoner, unless per- mitted by the superintendent or mayor. (M. C, sec. KJti.^.) Sec. 1763. What prisoners to oeenpy separate apartments. — The superintendent shall not permit male and female, or white and col- ored persons, to occupy the same apartments. (M. (3., sec. 1666.) Sec. 1764 Treatment of sick prisoners, — Wlienever any jiris- oner is sick the superintcndeiil shall notify the superintendent of the city hospital of the fact, who shall thereupon detail one of the assistant jthy- sicians to visit the sick prisoner, and furnish the jirisouer with proper med- icines and medical attendance, and the superintendent shall see that the prisoner is properly nursed and attended, and the cost of all medicines, nursing, ami attendance shall be allowed as other exjtenses of the work- house. (M. (\, sec. 1667.1 Sec. 1765. Physician for workhouse. — The superintendent is hereby authorized to employ a physician subject to the approval of the mayor, for the compensation of fifty dollars per month, to render all the medical treatment necessary to the inmates of the workhouse and to attend said institution every day for said jiui-pose. Said emjiloyment shall be from mouth to month and may be tei'ininated at the end of any month without |)revious notice. The expense created by the above emi)loyment shall be allowed as other expenses of the workhouse, and during said employment it shall be unnecessary to detail a physician from the city hospital, as pro- vided in section 1764.' (M. C, sec. 166S.) See. 1766. Same — duty respectinj? food of prisoners. — It shall be the duty of the physician emiiloyed under the authority of .section 1765 to visit the eating rooms of the prisoners of the workhouse during meal time, at least once each week, or oftener if he shall deem it necessary, and he shall make a careful examination of the food furnished the prisoners, and if, in his opinion, the food of the prisoners be not sufficient or of the proper quality, he shall make such recommendations for a change of diet as may l)e requisite for the health of the prisoners, and he may direct the superin- tendent to change the diet of the prisoners in accordance with this recom- mendation. The }>hysician shall also forward to the mayor a cojty of his order to tli<> suiicrintendent of the workhouse in relati(tii to the diet of the jirisoners. and he shall also i-eport to the mayor any failure on the i)art of the superintendent of the workhouse in carrving out his instructions. (Ord. 121508.) Prior to this amendment this duty was imposed upon the health commissioner. It was held that a failure to attend to the same warranted proceedings for his removal by the mayor: State ex rel. vs. Walbridge, 62 Mo. App. 162. 165: as to duty of superintendent respecting- food see R. C, sec. 1749. Al;T IV. I OK Till': WiiKKIIOl'SK. iyt-j See. 1767. \\ licii piisiMHTs r(Miii)V«'il to liOHiiital. — Whenever till- siipiTiiilt'iulfiU ni ilic w iiiiditiii.^ii' is n( Ilic ii|iiiiiiin llial ;iii.v jirisoiu'r niiitincil ill ilic w oiklnnisf is sick i>r injui'i-rovided in his judgment it is proper so lo do, and should such prisoner recover his health or recover from his injuries siiflicieiit l_v to be alile lo work, he shall lie recommitted to the workhouse and sluili wmk l(i\ iiM-iit lic work — sliort- <'iiiii<; trriii of iiiii>risoiiiii<>iit tor jj^mmI l><'lia\ i4»r. — The hoard of pulilic improM'tiients. Iiy and with the apjiroval of the mayor, may em- ploy any of the prisoners on any pnlilic work, under such rules and regula- tions as they may pres<-rilie; and lo encourage good lieha\ior on Ilic |iart loyed in the above manner in grading any duly established street or alley in the city, at the instance and reipiesi of the board of pub- lic improvements, which is hereby vested witli authority to cause any pub- lic street or alley to be graded in the manner aforesaid: provided, however, the api>roval of tlie mayor sliall first lie had and obtained. 1 M. ('.. sec. KIT;'..) Sec. 1771. PrisoiuTs— may bo «>niplo\(Ml olsc'wlioro than at workhouse. The superintendent shall, upon the direction of the board of public improvements, work any portion of the prisoners not actually re- (piin>d at the workhouse, or on the work of the city, on any imblic or jirivate Work, and the amount of such work shall be collected in the manner liere- inbel'ore provided, and paid into the ^ity treasiir\, and |il.iicd to ihc credit of the workhouse fund. ( M. <".. sec. l(!74.l See. 177-'. SuiM'riiit«'ii(loiil to n'port (o assoiiihly. — The .super- intendent shall, ai the opening of each slated session of the municipal as- sembly report to that body a detailed statement of the ojieralions and alVairs of tlie workhouse during the preceding year; setting forlh the nniii- Imm- of prisoners received; the nmnlier then at the institution: the age. sex and place of birth of all tlie prisoners; tlie value and description of the work jierfornied by tlieni iu detail, and the expenditures and receipts on ai'i'onnt of tin- workhouse. (M. ('.. sec. ll!7.". ) 924 REVISED CODE OH GENERAL ORDINANCES. (CHAP. 21. See. 1773. Precautions again.st escapes — arrests. — The superiuteiident shall have jiower to take all uecessary measures to guard the workhouse, aud to jirevent the escape of the prisouers, aud he or any city officer, or other person, is authoiized to arrest, without warrant, any person who shall have escaped from the workhouse. (M. C, sec. 1G7G.) Sec. 1774. Trespassiiifr on workhouse premises — helping escapes— penalty. —The supcriuteudeut, or any officer of the workhouse, may arrest, without warrant, any jierson tres{)assin{; ujion the workhouse premises, or attempting to rescue any jirisoner, or assisting or attempting to assist any prisoner to escai)e, or hindering or attempting to hinder the superintendent or any officer of the workhouse in the lawful discharge of any of his duties, and any person so doing shall be deemed guilty of a misdemeanor, and on conviction thereof, shall he fined not less than five nor more than one hundred dollars. (II. C, sec. 1677.) Sec. 1775. t'lothiug- of prisoners, — Prisouers shall he furni.shed with suitable clothing, when necessary, at cost, provided, that they agree that the expense thereof shall be worked out by them in like manner as the amount of tine and costs for which they were committed. (M. C, sec. 1G78.) Sec. 1776. Officers forbidden to deal in supplies. — The superintendent, or any officer of the workhouse, shall not be permitted to trade in, or sell anv articles of anv kind to the citv for the use of the work- house. (M. C, sec. 1679.) Sec. 1777. Officers to be appointed. — The superintendent shall, with the approval of the mayor, appoint the following officers, to-wit : An officer to be styled clerk, one foreman in the quarry, one foreman in the yard, two street grading foremen, and one macadam foreman, a blacksmith, and such guards and other employes as may be necessary. iM. C, sec. 168(1.) Sec. 1778. Clerks and gate keeper— duties — The duties of clei'k aud gate keeper of the workhouse shall be performed under the direc- tion of the superintendent, and he shall assist the superintendent in keeping the books, and no person shall be ajipointed that is not competent to the task. (M. C. sec. 1681.) Sec. 1779. Salary and bond of Hui>erintendent. — The sujjer- intendent shall receive a salary of twelve hundred dollars a year, payable monthly, aud he shall be furnished by the citj-, in addition thereto, with the necessary furniture for the tenement erected for his residence within the -workhouse iuclosure. and all the provisions, etc.. necessary for the maintenance and sujiport of himself «iuid family; and shall before entering upon the duties of his office, give a good and sufficient bond in the sum of ten thousand dollars, with two or more securities, ownei's of unincum- bered real estate in the City of St. Louis, conditioned as the bond of other city officers, and to be approved by the mayor and council. (M. C, sec. Sec. 1780, Salaries and bond of employes. — The salary of the clerk shall be nine hundred dollars per annum, and he shall give bond in the sum of two thousand five hundred dollars, conditioned as the bond of Dtlier city officers, to be ajtproved by the mayor and council. The salary of AKT. V.| OK Till-: ST. MUMS IN'l >rsT KIAl, St'HOOI,. 8;{.) See. 1781. I^nyincci- aiul assislaiH. -There shall be ai^iointed by the siiperintendeni ol' ihe workhou.M', wiih the approval of tlie mayor, an ('MfiinciT and an assistant enj;ineer, who shall he put in eharjie of the heat- iiii; apparat\is al the workhouse. They shall be re};ularly licensed enjj;i- tieers, and shall |possess the (|ualiliiations prescribed in section ten, ai'ticle I'oui' ot" the chai'ler. Saiil eniiineei' and assistant en;,'ineei- shall be employed oiih during the .season that siM'h heatinj,' apparatus is re(|uired to be used. iM'. C, sec. 1GS4.) See. 1782. Salari»>s of enji'iiuMT and assistant TIh' comi"n- sation of the engineer shall be at the rate ot sixty dollai's |iei' month, and that of the assistant enj;ine<'r at the rate of tifty dollafs jier month, said salaries to be jpaid iiioiiihly. and they shall also I'eceive their lioaid ,nid washiii"; at the workhouse. (M. (\, sec. l(;s.">.) Sec. 17S;J. KtM'ord to bv Ut'pt of artii-li's received and sent. — It shall be the duty of tlie superintendent to cause to be kept in a. propel- liook a daily record of all ;ii-ticles received at said workhouse, and t"rom whom received; also a daily record of every articli' sent' from said woi-khouse. and the nami' of the person to whom said article was furnished. I M. ('.. sec. ICSC.i See. 178t \\ licii piisontTs to Im' used lor loading'. — It shall not be lawful to employ Ihe prisoners contined in the workhous(> in loadinfj materials sold from the workhouse, except in such cases as may be si)ecially ])rovide(l for by contract. Hf. C, sec. 1687.) ARTICLE V. OF Tur ST. i.oris industrial school.* See. 178.'>. Nanu' of House of Hefiij;*' <'lian*>°«Ml to St. Louis Industrial S «• li o o 1. — The'inslitution known as the St. I^ouis House of IJefujje shall hereafter be known liv the title "St. Louis Industrial School." (Oi-d. 22145. see. 1.) •This institution Is the St. Louis House of Refuge, tli' i which by or- dinance 221 4S approved Nov. 21. 1905. was changed to St. Louis Industrial School. Thi- House of U>fiiK>'. Its organization, functions and manaKement. l.s guvcrni'd l)y the provisions of Ijiws l.'*7S (now Rev. St. 1899. pagi'S 25S3-2.'i,TB. sees. 1 to 13. set out under "Laws Specially .Applicable to St. Ixiuis," with notes thereto. Chap. H, sees. 355-367.) Sec also for Charter authority. Chart.. Art. I. sec. 1: for building, i*.. Art. in. sec. 26. clause 3; the mayor appoints superintendent subject to contlrma- tlon by council: Charter. Art. IV. .lees. 2 and 'J. a\!>o R. C. 1509; also four mem- bers as board of managers, of which he Is rt ,}ffi,io a member: R. S. 1899. p. 2553. sec. 1: R. C. sec. 1510. As to Imprisonment for crime In this institution see In re LArkowskI, 94 Mo. App. 623: for the charitable and valuable functions ot till' Institution fi-v Stati- ex rel. vs. Walbrldge. 69 Mo. App. I. e. 6i'.T: also In re Ijirkowski. supra. Ry Ijiws 1905. p. 301, the board of manag'TS of the House of Refuge Is authorized to arrange with the Public School Roard for the educa- tion of the Inmates of that Institution. See notes and comments contained in notes to the statutes (above referred to) which are set out In Ijiws Specially Applicable to St. Ix>uls. Chap. II. sees. 355 to 3<'>7. pages 162-161. 926 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 2:. Sec. 17S6. Change of name not to affect law rejfulating^ same. — The change of name of said institution hereby ordained shall iu no wise be construed to change, impair or otherwise affect existing provisions of law regulating to said institution, except so far as to change the name thereof. (Ih.. sec. 2.) CHAPTER 22. PLUMBING AND DRAINAGE DEPARTMENT.* Sec. 1787. Boaril of public improvements gfiven supervision of. — The board uf ])ubli(' improvements is hereby charged with tlie supervision of plumbing and drainlaying. and of all matters pertaining thereto. (M. C, sec. 1G88.) See. 1788. Drainlayers and plumbers to be regristered. — Said board is hereby authorized and directed to register, in a book kept for that purpose, the full name, residence and place of business of all persons, firms or corporations, who may desire to engage iu the business or trade of [plumbing orf] drainlaying in the city, either as masters or workmeu. and to issue to such parties as are found competent, certificates of authority to do [phunbiug orf] drainlaying connected, or to be connected with the water supply or drainage system of the city; provided, such persons, firms or cor- porations shall have fully complied with the conditions prescribed in this chajiter. ( JI. C, sec. I(i8ft. ) tThe words "plumbing or" indicated in braokfts in the above section are elim- inated therefrom by an amendment made by ordinance 23007. approved April 1> 1907, after the Revised Code. The amendment is made because by that ordinance the Plumbers' Board of Examiners is created which makes provision for the reg- istration of plumbers, etc. (See ord. 23007 set out in appendix.) Spc. 1789. Susi>ension or cancellation of certificate.— Said board shall have ])()^\('l■, and is directed to suspend for a definite time, or to cancel, at the discretion of the board, any certificate of authority granted hereunder, if, after notice and opportunity to be heard, the party named therein is found guilty of violating the terms and conditions of this chap- ter, or the rules and regulations established- by the board of public improve- ments, under the authoritv of the charter or ordinances of the city. (M. C, sec. 1690.) Sec. 1790. Authority of board. — Said board is further authorized to establish rules and regulations for the government of jilumbing and drain- laying, and of the persons doing such work, and to do all other acts neces- sary to carry out the jirovisions of this cha]iter. (\M. P., sec. 1691. ) See. 1791. Supervisor of plunibiufj^— subordinates. — The presi- dent of the board of public iiiiproveinents. with the approval of the mayor. ♦For regulations as to attachments with the water works pipes, etc., see R. C. sees. 2204 ,■/ :,-(,. Ordinance 23007. approved April 1, 1907, (after the Revised Code) creates the Board of Examiners of Plumbers, defines its duties and powers, regulates exam- inations and registration of plumbers, etc.. and amends sees. 1689 and 1697 of the former Municipal Code, corresponding to sections 17SS and 1796 of this Re- vised Code. See that ordinance set out in full in Appendix to Rev. Code. CHAP. 21'.] PLUMBING ANI> DRAINING DEPARTMENT. 927 shall appuiiit a supervisor of pliuubiu}; and draiiilayiug, who shall be, by traiiiiiiji and oxin'i-iouee, c-oiniHMciit to desij;ii and exL't'Utc plunibiu.\ liiis elia|iter. Said inspeetors shall be skilled and e.xperieneed in the kind of work they are to inspect. fM. ('., see. Itiitll.) Sec. 1792. lt|)0inted, shall jjive a bond in tlie sniii ol ten thousand dollais and shall receive a salary of two thousand dollars per annum. The clerk shall ^;ive a bond in ilie sum of l\\\t thousand dollars and shall receive a salary of lwel\e hundred dollars ]K'r annum. The bookkeejier shall ;;ive a bond in tin* sum of fifteen hundred dollai's, and shall receive a salary of one thousand dollars jier annum. Inspectors shall jjive bonds in the sum of one lliousand dollars, and shall receive the sum of one huiuired twenty dollars each per monih foi' theii- services and for the use of a horsi' velii<'Ie. which shall he fuiiiished and kepi by them. The messenjier shall r(»cei\(' sixty dollars jier month. All bonds reipiired to be ^'iven under this cha|iter shall be ap- l>roved by the council ami mayor, and all salaries sluill be payable monthly. I M. ('.. see. 1G!»;^.) See. ITOo. SuptTvisor — duties of — iiiitler wlios*' i'ontrol — ilIs|UM'(i«Hl. It shall he tlie duty of the Supervisor of riumbin.u to receive and exauiiiic all jilans of piniubinj: and drains submitted for ai)|iroval. If he tinds them in accordance with the ordinances, rules and re;;ulalions for the •;overnnieni of plumbiii'; and drainlayiufi he shall indorse the orif^inal plan or plans as approved and issue a permit for the construction thereof, and shall lile in convenient ft)rui for reference tlie duplicate j)lan or plans. If the plans submitted are not in accordance with ordinances, I'ules and refiidai ions, he shall reject them, and, if re(|nesieproval or rejection of i>lans shall be made within two days after the date of filiuji. He shall irive <;('neral information and advice as to the meaning; and requireiueuts of the ordinances, rules and reij;ulatious to persons desiring tlie same. He sliall investigate cases reported, or referred to him of l)acl or imperfect work or material, old or new. and i'ej)ort the same to the board of public im]irovenienls when called for. of to the board of lii'.ilth if the matter falls within the jurisdiction of the latter board. He shall report iill cases of violation or attempted violation of the ordinances, rules (W regulations on the part of plninbers, drainlayers, builders, owners or agents, ami under the instructious of the board of public iniprovemeuls, ]>rosecute the otTending party. He shall have charge of all employes aj»- liointed by him. and shall see that they perform their duties faithfully. He shall issue ;ill notices and cerlillcates of registration, and kee|) a record of all ins|ieelions made, and when the plumbing or drainlaying of any premises shall be satisfactorily compleled. he shall issue to (he jiarly doing tlie work, a certificate that the same is lawfully and ]iroperly done. He shall super- vise water and .sewer connections and all exi-avations for the purpose of mak- ing or re|iairing the same, and in so acting he shall be the agent and repre- sentative of the street, water anil .sewer commissioners, and shall act uniler their insti-iictions in mailers j'erlaining to the several ile|i,irtments. in the manner and to the extent necessary to carry out this chapter and the (irovis- ions of the revised ordinances I Revised ("odei of the city. He shall iliarge to the account of each ]ilumber and drainlayer the fees for inspections herein anth(M-ized to Im- charged for and shall certify to the ju'esident of the board 928 REVISED CODE OH GENERAL ORDINANCES. [CHAP. 22. of public improvements, to the comptroller and to the auditor, monthly, the amounts charged against each deposit made by })lumbers. and drainlayei's, so that such may be transferred to the proper fund. The supervisor of jdumbing shall be under the control of the board of public improvements and said l)oard shall hinc the power to remove him at its pleasure. Insjtectors shall, under the direction of the sujiervisor of jilunibing, inspect all buildings in course of erection, alteration or rejiair, as often as may be necessary, and shall see that all plumbing, drains and sewer work is done in accordance ■with the rules and regulations herein established or authorized, and that the work is done by persons authorized to do such woi-k. They shall report all of their acts and such details as to imperfect or unlawful work, as the supervisor of plumbing may require. The supervisor of plumltlng may, with the apjtroval of the board of public ini]irovements, divide the city into districts and assign an ins]iector to a single district. (M. C, sec. l(j!)4.) Sec. 1794. Registration of plumbei's — bonds. — It shall be the duty of every person, firm or corporation desiring to engage in the business of j)Iuml)ing or drainlayiug in the ("ity of f^t, Louis, to have his, her or their full name, residence and place of business registered in the book kejit for that jiurj>ose by the su])ervisor of jilumljing. and in case of removal or change in the firm to have such change made in the register without delay. It shall be the duty of every such party to give a bond in the sum of two thousand dollars as plumber, and in the sum of one thousand dollars as drainlayer, if the party desires to engage in both departments of business, otherwise only for the particular department engaged in. vSaid l)onds shall be signed by two good and sufficient securities, holders of unincumbei'ed real estate in the City of St, Louis, to l)e approved by the mayor, and shall be filed with the register, and shall be conditioned that they will faithfully observe all ordinances of the city pertaining to plumbing, drainlaying or excavations, and of all rules and regulations established under the author- ity of such ordinances; that all ])lumbing or drainlaying work done by them, or under their control, shall be executed in a workmanlike manner; that they will employ no workmen but such as have certificates of registration as herein required; that they will indemnify and save harmless the City of St. Louis from all accidents and damages caused by any negligence in protecting their work, or by any unfaithful or inadequate work done by themselves or their employes, and the bond shall be for the benefit of all persons injured or aggrieved by any violation or neglect to observe the ordinances of the city or the rules and regulations established under the authority of such ordinances. Said bonds shall be renewed at intervals of four years or oftener, if the security should be im])aired, at the demand of the board of public improvements. (^L (,'., sec. IClt.j.) Sec. 1795. Plumbers, etc.— registered— duties of. — It shall be the duty of every registered plumber or drainlayer to display at his jilace of business, in a eousjticuous position, a sign with the full registered name, and the words '"registered plumber (or drainlayer] "" in letters not less than three inches in size. It shall be unlawful for any person, firm or corpora- tion, not so registered, or whose certificate of registration has been sus- pended or canceled, to exhibit the sign herein described, or in any way to represent himself or itself to be registered and authorized to do ])lumbing or drainlaying. No person, firm or cori)oration not so registered, or whose certificate of registration has been suspended or canceled, shall be given a permit to make or repair any sewer, (Irain or connection therewith, or to do any work upon pipes or appurtenances connected with the waterworks of the city. Registered plumbers and drainlayers shall furnish, when re- -4 CHAP. 22.] PLUMBING AND DRAINING DEPARTMENT. 929 qiiirt'd to do, i^aid certificate shall be i;iven without cliai-fje. for one year fi'om tli(> date thereof, to all peisons who fuiaiish sal isf.iitory evidence of theii' skill and experi- eiiie in the kind of work the applicant desires to do. Persons to whom a certificate is refu.sed sliall have the rifjht to appeal to the board of imblic im|irov(>inents, and in prosecuting such apjieal. to present oral and docu- mentary evidence of fitness. The board of public improvements may, after notice and op])ortunity to be heard, suspend any cei'titicate for a definite period, or cancel the same, if the jiarty is found guilty of violating the ordi- nanct>s or rules and regulations duly established, or is shown to be negli- gent, unskillful (M- unraitliful in his work, or to be a jierson unfit or uii- worthy of being trusted or employed in the work of plumbing or drainlay- ing. \\'ork done by any un(ei-tifi(>d workman, or one whose cei'fificate haa expired, been susjiended, <\v c-.inceled, shall not be ins])ecte and return to the su]ier- visor of ]>lumliing. any certificate found in the ]>ossessioii of persons other than he to whom if was issued, and insjiecfors shall mark certificates as expireil. suspeiuh'd or canceled, when diiccted by the supervisor of iiluinb- ing 80 to do. ( M. C, sec. 1697.) •Tho section wa.s amended In the ordinance creating the Plumhers' Board of Examiners, which affected those parts Indicated In brackets In the above sec- tion. Said ordinance Is No. 23i'07. approved April 1, 1907, (after tho RevLied Code), The amendment, so far as relating to section 1796 (which was sec. 1697 of the old Miin. Code) conslsti'd In striking out the words "plumber" In line two, and "practical plumber" In line three, and by striking out the words "and to show such certlllcate to any Inspector of plumbing or iiollceman on demand" and In- serting In llou thereof the words: "and It shall be the duty of every pcr.son em- ployed or working at the trade or business of plumbing or dralnlaying or sewcr- hulldlng to show on demand his license or certificate to engage In such work to any Inspector of plumbing or policeman." (See this ordinance No. 23007 set out In appendix.) See. 1797. Deiio.sit— of wlioni re. l)luniher or dniinlii.ver. For each inspection of sucli work tlie sujiei'visor of plumbing sluill cliurge tlie sum of one dollar against said deposit, and the supervisor of i)lunibing shall be the judge, subject to the board of public improvements, of the number of inspections to be made and charged for in any case. No jierniits for sewer or water connections shall be given to par- ties who have not made the dejjosit herein recjuired, or who shall neglect ta renew the dejiosit for live days after being notified so to do. If sliall be the duty of every registered jilumber and drainlayer to notify the su|ier- visor of plumbing when work is ready for insj)ection, and no work shall be covered up or in any way concealed until it has been inspected and approved, rinmbers shall also notify the supervisor of plumbing of all extensions or alterations of fixtures and pipes made l)v them, so that the same may be in- spected. (M. C, sec. 1(;98.; • Sec. 1798. Sewer and water connections, witliont permit, for- bidden — conditions. — No house, building or premises shall be connected with water mains or sewers, or excavation made in streets or alleys there- for, without permits issued under the authority of the street, water and sewer commissioners. The conditions of such permits must be strictly com- plied with, as ])ai't of the rules and regulations governing plumbing and drainlaying. All work must be done by the jilumber and drainlayer. in whose name (he iiermifs given under this cha])ter are issued. The provisions of this chapier shall apjily to all sewers and water pipes, whether the same are on private i)roperty or in public streets or alleys. ( M. C, sec. 1699.) As to obtaining connections witli the city water works pipes, see post R. C, Chap. 39, sees. 2504 to 2527; see also R. C. sec. 145. See. 1799. Plumbing and drainlayinj? defined. — Drainlaying as herein regulated, is hereby defined to include the connection, with the j)ublic district or private sewers, and such pipes as may be laid beneath the sur- face, and more than five feet outside of the foundation walls of the building drained, if such building contains plumbing; or which may be intended solely to drain the foundations, cellars and roof water of build- ings which do not contain phinibing. IMumbing is hereby defined to in- include the pijit's, fixtures and ail ajiimrtenances thereto, which are used to conduct water to and distribute it in or about any pi'eniises or building for any use whatever; and all pipes and appurtenances used or to be used for conveying liquid water within and to a distance of five feet outside of the foundation walls of any building and all pipes and appurtenances used to ventilate the drains, fixtures and traps in any building; also all pipes and connections through which gases, vapors or wastes of any kind may be discharged into drains or sewers. (M. C, sec. 1700.) Sec. 1800. Right of entry. — The sujiervisor of plumbing, or his duly authorized agents, shall have the right to enter ui)on any premises containing plumbing or drains, at all reasonable hours, to ascertain whether the provisions of this chapter have been or are being complied with. (M. C, sec. 1701.) Sec. 1801. Penalty. —Any person who shall vitdate any of the pro- visions of this chaiiter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall yny a fine of not less than ten nor more than one liundred dollars for each ott'euse. (M. C, sec. 1702.) CHAP. 22a.] PUBLIC BATHS ANP PLAY-UnnuNDS 93I CHAPTER 22a. PVBI.IO BATHS ANI> PI, AY-GROUNDS.* Sec. 1802. Site.s lor piililii" badi lumses.— The board of piil)lic irnprovcmcnts is herein iuilhurized ami direcled to coiistnict two (ir more fre«» imhlir liath houses on sites seleiied hy said boarii of public improve- ments. (Ord. lii;{!tl, sec. 1. amending ord. 20820.) See note to chapter heaillnR In note at foot of tills page. Sec. ISOS. Public batli commission— !uitliority— apiM>iiit- iiuMit of memhors — t<>rm— no comiHMisntion. -The niaiiaaths const ructcd and e(|ui|i|ie(l b_v the City of St. [,oni» under the term of this I'hapter, shiill be vested in a cora- mi-ssion of live members who have been more than thi-ee veai's resident.s of the City of St. Louis, to be known as "The Public Haths <'ommissit)U," to be appointed by the mayor to serve witliout com]pensation. The commission for the lirst year shall be api)ointed within thirty days after the approval of this ordinance and of the lirst commission ajipointed by the mayor, two members shall be a|i)ioinled to serve until ncH'ember thirty first, nineteen hundred four, two until Mecember thirtylirst, nineteen Imndred five, and one to .serve until December thirty-first, nineteen hundred si.\. and on or be- fore December thirty -first of the year nineteen hundred live, and of each year thereafter the mayor shall make appointment to till vacancies as they occur, and commissioners so apjiointed shall serve for terms of three years each res|)ectivel3-. (lb., sec. 2.) Sec. 1804. Control and oni|>lo\mcnt of atttMulants— pow- ers of commission — rojjulations. — The number of attemlants, the con- ditions of tiieir employmeiii and ilie wages to be paid them, shall be deter- •Ord. 21074 provides for one of the authorized free public bath houses, to be the South Market Free Public Bath, at the South Market; ord. 22378 provides for another on east side of Tenth street near and north of Carr street: ord. 22380 authi>rl7.es the construction by the B. P. I. of a free public swimming pool (on the property leased In orO. 21541, below referred to as the Mullanphy Play- Grounds), under the management of the Public Baths Commission; ord. 22924 directs the construction of an outdoor swimming pool at Eleventh and Mullanphy streets; ord. 21827 authorizes the Mayor and Comptroller to buy two lots for free public baths, one of which to be north of Franklin avenue and east of Jef- ferson avenue, the other south of Chouteau and east of Jefferson; ord. 21170 provides that the city furnish free water to the Civic Improvement League for free shon-er baths for the children upon Its open-air public play-grounds; ord. 21541 authorizes the Mayor and Comptroller to lease the Mullanphy play-grounds at Tenth and Mullanphy streets and adjoining grounds, as free play-grounds, with haths, under the direction of the Public Baths Commission, etc., and to buy the o<|ulpment on said grounds; ord 21108 authorizes lease of a certain lot to Civic Improvement League as an open-air play-ground for children In vicinity of lot; ord. 22379 provides for the purchase of the property useil as the open-air play-ground. The Free Baths Commission and Its powers were first created by ord. 20820, but this was amended by ordinance 31391 as herein set forth. Ord. 21 103, providing for location of one of the baths, was repealed by ord. 21193. Ord. 21796 relates to the World's Fair Model Play Ground and Nursery, but the conditions were not performed. Ord. 22541 authorizes the Public Baths Commis- sion. In conjunction with the Park Commissioner, to recommend sites for small parks. In pursuance of ord. 22366 (bond ordinances); ord. 22869. approved March 11. 1907 (too late for this Code), provides for the management, direction and care of all public playgrounds, public baths, and public recreation buildings, and pro- vides for a commission for that purpose, to be known as the Public Recreation Commission. (See Appendix for this ordinance.) Ord. 23171. approved Aug. 19. 1907, after this Code, authorizes the Public Rec. Com. to furnish towels ond soap for use ot public bathhouses, ILxlhg a fee therefor, designating the fund out of which the cost shall he paid. an shall Ite deemed j^nilty of a inisdenieauor, aiul u|k)1i eoinietiou lliereof, be lined not less thau one nor more than twenty dollars, i .M. C, sec. 170G.) See. 1809. liarrow, rart, or l»a«l}>:t' — not to be used by other.s. — Auy puhlie imi-Ier who shall suiter or permit any other )ierson than liimself to earry any article in his wheel or liandharrow or haixh'arl. or to Weal' his liadj;e. shall lie deemed f^nilty of a misdemeanoi'. and u])on conviction thereof, be tined not less than one nor more than twenty dollars. (M. ('.. .sec. 1707.) ARTICLE II. FOR RATES OF LICENSE .\ND REGULATION FOR VEHICLES.* Sc. ISin. License taxes on public and private vehicles— re{?u- lalions— t i r e .h . — There shall he annnally levied and collecled a license la.x upon all kinds of vehicles, iucludiiij; bicycles, tricycles and veloci](edes, iiseii in the streets or ]>ublic ways of the city for trade, trnflic. pleasure or any other purjio.se, juiblic or private, exci'pt vehicles for pleasure, owned and used l)y nonresidents of the city, and bicycles, tricycles and velocipedes owned and used solely by children under twelve years of age, the following sums, to wit : On each wagon ov truck used for hauling boilers, engines, cable ropes, safes or ston(\ and drawn by eight or more hor.ses, thirty dol- lars; on each wagon drawn by six horses, twenty dollai-s: on each wagon drawn by foni- horses, lifleen dollars; on each omnibus drawn by four horses, ten dollars; on each drag, tallyho coach or lighted vehicle drawn by four lior.ses, ten dollars; on each stage coacli drawn by four horses, ten dol- lars; on each wagon drawn l)y three luirses, seven dollars; on each omnibus drawn by two horses, live dollars; on each wagon drawn by two horses, five dollars; on each wagiui or i-art di'awn by one horse, two dollars; on eacli hack or hackney cai-riage drawn by two horses, live dollars; on each ba- rouche, drag, coach, couije, rockaway. surrey, wagon, landau, or other like \ehicle drawn by two hoi-ses, three dollars; on each cab drawn by one horse, two dollars and fifty cents; on each barouche drawn by one horse, two dol- lars and lifty cents; on each four-passenger surrey drawn by one horse, two dollars; on each fonrpas.senger park wagon drawn by one horse, two dol- lars; on «>ach buggy, one dollar and fifty cents; on each driving cart or sulky, one liollar and lifty cents; on each bicycle, tricycle or velocipede, one dollar; on each vehicle not specifically meiiiioned, one dollar and lifty cents. -V- •I'mi iii^iii !■. iiii|M.>. \.in. I. i.iA and rofriilatc width of tires, etc.. rcsriilntc fare.s for carriage, etc.. see Charter. Art. III. sec. '26, clause a. and notes thereto. The validity of license taxes under the Charter on vehicles, public and private, for usInK the stri'-'t.s. was upheld In (amongst other cases) St. Lnuls vs. Green. 7 Mo. App. \6S (affirmed on this point In s. c. 70 Mo. 562). with a full discussion of the powers of the city under the charter. See also St. Louis vs. Weltzel. 130 Mo. 600. holding likewise, the court saying, on p. 619: "Under Its charter powers the city may le\-y these taxes: Finl, a tax on property. Srconii, a vehicle tax for use of the street!". Th$rd. a tax on the business." all at the same time. Buf under charter authority to license, tax and regulate certain vehicles which are all of a class doing public business, "and other vehicles." will not authorize a license tax on private vehicles: St. Louis vs. Grone, 46 Mo. 574; Hannibal vs. Price. 29 Mo. .\pp. 2S0. But no license tax can be required of non-residents: St. Charles vs. Nolle. 51 Mo. 122. (Sec sec. 1813 of Rev. Code.) A sprinkling cart Is a "public vehicle" when used to sprinkle the streets for pay. and subject to the tax: St. Louis vs. Woodruff, 71 Mo. 92. 934 KEVISKD CODE OR GENKRAL ORDINANCES. [CHAP, 23. Provided, that from and after tbe first day of January, eighteen hun- dred and ninet.T-nine, no vehicle of any kind or descrij)tion shall be used on the streets of this city for any pui-pose whatever, unless all the wheels of such vehicles shall be constructed with a width of tire corresponding to the size of axle on the following scale, to wit: IRON OE STEEL AXLES. Vehicles having axles of iron or steel, the wheel shall have width of tires as follows, to wit: If the axle is of a width of thickness or diameter of one and one-fourth inches, the tires must be at least one and one-fourth inches wide; if the axle is of a width or thickness or diameter of one and three-eighths inches, the tire must be at least one and one-half inches wide; if the axle is of a width or thickness or diameter of one and one-half inches, the tire must be at least one and three-fourths inches wide; if the axle is of a width or thickness or diameter of one and five-eighths inches, the tire must be at least two inches wide; if the axle is of width or thickness or diameter of one and three-fourths inches, the tire must be at least two and oue-fourth inches wide; if the axle is of a width or thickness or diameter of one and seven-eighths inches the tire must at least be two and one-half inches wide; if the axle is of a width or thickness or diameter of two inches, the tire must be at least two and three-fourths inches wide; if the axle is of a width or thickness or diameter of two and one-eighth inches, the tire must be at least three inches wide; if the axle is of a width of thickness or diameter of two and one-fourth iuches, the tires must be at least three and one-half inches wide; if the axle is of a width or thickness or diameter of two and one-half inches, the tires must be at least four inches wide ; if the axle is of a width or thickness or diameter of two and three-fourths inches, the tires must be at least four and one-hdlf inches wide; if the axle is of a width or thickness or diameter of three inches, the tires must be at least five inches wide; if the axle is of a width or thickness or diameter of three and one- half inches, the tires must be at least five and oue-half inches wide; if the axle is of a width or thickness or diameter of four inches, the tires must be at least six inches wide. WOODEN AXLES. Vehicles having axles of wood shall have widths of tires as follows, to wit: If the axle is of a width or thickness of three and one-half inches, the tires must be at least two and one-half inches wide; if the axle is of a width or thickness of three and three-fourths inches, the tire must be at least two and three-fourths inches wide; if the axle is of a width or thick- ness of four and one-quarter inches, the tires must be at least three and one-half inches wide; if the axle is of a width or thickness of four and one- half inches, the tires must be at least four and one-half inches wide; if the axle is of a width or thickness of five inches, the tire must be at least five inches wide; if the axle is of a width or thickness of five and one-half inches, the tires must be at least five and one-half inches wide; if the axle is of a width or thickness of six inches, the tires must be at least six inches wide. MISCELLANEOUS. Trucks used for hauling boilers or engines, safes or dimension stones, shall have tires at least six inches wide, and those used for hauling cable rope shall have tires at least eight inches wide, and such trucks shall be constructed with axles of such lengths that the hind wheels shall be placed at least eight inches further apart than the front wheels thereof. Drays shall have tires at least four inches wide. All carts used for sprinkling, of the streets, public ways or park ways, shall have tires at least six inches wide. If any axle, iron, steel or wooden, is of a width or thickness or di- A1:T II. 1 OF VEIIICLK UCIINSl-: AND KKGIUATIONS. 935 aineter cxwcdin;; oiic aiiil mir lomili ini'lies aiiil slmll lie df m (liilVrciit ttiickut'ss, widtli or (liaiiicicr than tliosc (Ifscrilicil in lliis onliiiaiKx- (arti- do), then the tiri's dt' smli vcliicli's usiii^ such axle shall be in cuufonuity wiih the next larjrer axle iu diaiuoter. EXCEPTIONS. rrovidod, further, luiwever. that auy vehicle having rubber tires on all its wheels shall uul lie re(|uire(l to confonn to the above rule as *'\ width of tiies. EXEMPTIONS. \n\ vehicle which shall, prior lo Ihe lirsi da_\ ol' -laiinary, eighteen liundred and ninetv-nine. be made to conform in res])ect to its tires to the rei|uiremeuts and provisions hereof, shall from tlie date when (he use of such tires begin, and so long as such use continues until said first day of .lannary, eighteen hundred and ninety-nine, be exempt from payment of Ihe license tax prescribed by this seclion. but from and after said date all \('hicles shall be subject to the provisions of this section, and it shall be unlawful to use on the streets or public ways of the city after said first day of .January, eighteen hundred and ninety-nine, any vehicle unless the tires of such vehicle conform to the requirements hereof. SWOUN STATEMENT REQUIRED. Kroni and after the taking effect hereof, no license shall be issued for any vehicle except on the sworn statement of the applicant showing tlie width or tliickness or diameter of the axle and the wi(lth of the tires of the veliicle for which such license is to be tised. and after said first day of Jan- uary, eighteen hundred and ninetyiiin(>. such sworn statement shall show a compliance with Ihe provisions of this section. DOUBLE TAX — PENALTY. The annual license lax herein provided shall be doubleil on the first day of April of each year for every license not issued and paid for before said day, and any person or persons, partnership or cor[»oratiou. who shall after the first ilay of June of each year, drive or use. or permit or cause to be driven or used, on any of the streets or ]inblic jilaces of the City of St. I.ouis, any unlicensed vehicle, shall be deemeil guilty of a misdemeanor, and upon conviction thereof. sh;ill in aildition to all other jieiialfies and re- ipiireineiits. be fined as in this section hereinafter provided for the violation hereof. PENALTY. .Vny ])ei-son violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than ten dollars nor more than two hundred dollars, and each day's violation hereof shall Ite and conslilute a separate olTense. VEIIIfLE INSPECTORS — SALARIES — DITTY. Immediately after the pa.s.sage of this ordinance there shall be ap- pointed by the license commissioner [now license collector] four ilejiuties. Ill Ik- known as inspectors of vehicles who shall each be paid a salary of nine hundred dollars a year. It shall be the duty of .said inspectors to ascertain whether the ordinances of the city relating to vehicles ami to license taxes on vehicles are observed, and to report any violation of the same, and gen- erally lo aid the license commissioner [now license collector] in the collec- 936 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 23. tion of the vehicle license and in the enforcement of the ordinances relating to vehicles, and under the direction of the license commissioner [now license collector] to report to the city attorney all cases of violation of said ordi- nances, and to aid him in the prosecution of the violation of said ordinances, and perform such other duties as the license commissioner [now license col- lector] may direct. LICENSE PLATE. The license plate for bicycles, tricycles and velocipedes shall be of the size and form prescribed by the register, and shall be attached to the front part of the steering head at a point above the front fork. (M. C, sec. 1708.) See note to heading of this article, supra. The city may require a license plate to be attached to a vehicle for use in a particular occupation, notwith- standing such vehicle already has a license plate for street use attached, and the reasonable expense may be charged: St. Louis vs. Weitzel, 130 Mo. 600. 8ec. 1811, License tax on aiitoniobiles and other liorseles.s ve- hicles. — There shall be annually levied and collected on all kinds of auto- luoliiles and locomobiles and (in all horseless vehicles projielled oi- iiiovcd by the use of electricity, gasoline, steam or other artificial jiower, by whatever name said vehicles may be known, and whether used for purposes of busi- ness or pleasure, a license tax of ten dollars on each such vehicle. (Ord. 2().i30. ) But see next section. Under the state law of 1903 (.A.cts 1903, p. 162), the owner of an automobile was required to take out a license in each county over whose roads he runs the same: State vs. Cobb, 113 Mo. App. 156. But under the new act of 1907, the city is authorized to require a license of such owners of automobiles as reside therein, and (on complying with the state law) no other licenses can be required anywhere in the state: Acts 1907. p. 78, sec. 19. Sec. 1812. License tax on motor cycles, bicycles, etc. — There shall be annually levied and collected on all kinds of motor cycles, motor- bicycles, by whatever name said vehicles may be known, and whether used for purposes of business or pleasure, a license tax of two dollars on each such motor cycle, (Ord. 221til.) Sec. 1813. Vehicles exempt. — The jirovisions of the foregoing sec- tions of this article shall not be so construed as to embrace private buggies, barouches and carriages belonging to persons living outside the city and used for private purposes only. (M. C. sec. 1709.) Sec. 1810. sufra. was the section immediately preceding this one in the Mun. Code, there numbered sec. 1708. And section [R. C. 1813] was section 1709 in the Mun. Code immediately following, and read so as to exempt only "the fore- going section" so as to strictly refer only to what is now 1810. But the Mu- nicipal Assembly passed ordinances 20530 and 22161 after the Mun. Code and carefully enacted that the same should be inserted in the Mun. Code between 1708 and 1709, and should be known, respectively, as 1708a [now 1811] and 1708b. Hence present section 1813 is placed after the former two and the wording changed slightly, so as not to render it meaningless because of the insertion of two new sections. Vehicles of non-residents cannot be taxed: See St. Charles vs. Nolle. 51 Mo. 122. Sec. 1814. Rejaristered nnmber, how kept— penalties.— There shall be placed and kejtt cons]iicuously to view on every vehicle mentioned in this article, the registered number of such vehicle, so that the same can easily be read fi-om the sidewalk. Such numbers shall be in plain, distinct and legible figures, each jdate to be not less than one, two or three inches ART. II ] OF VEHICLE LICENSE AND REGULATIONS. 937 in widtli. ami [ilaciMl on cucli vcliicic in I he I'dIIow iiij; manner: On draya anil carts, ilic niinilicr sliall lir cast on nu'ialli<- plaics and jdaci'd i>n tlie onter side of iIll' ri;;lit shaft tliroc inclit's in I'i'ont of tlic liodv or lied of the rart of tlic dfay; on wa}j;ons, the nundici-s shall Ir' cast on nictallic [dates, and idact'd on the liind axle, or where a body is used ou sncli \va};ons, said nnmtiers shall be plaeed on the ri;a};e \valace the number jdate on the outer side of the trace of the otV horse, not more than ten inches from the collar of the horse, the same to be ke]»t consiiicuoiisly in view. I'aiiilinji or covering; over the plates, or placing the plate upon any other vehicle than the one for which the same was issued, except as hereinafter provided, will be deemed a misde- meanor, and upon conviction, the owner of the xehicle shall be fined as ]>ra- vided in .section ei;;hteen hundred and thirty one. A copy of this section shall be furnished by the license commissioner [license collector] to each and evei-y person takin;rade may be issued on or for a vehicle taxed for a less amount by the same jKM-son ; and provided further, [that all vehicles kejtt at hotels for the use (tf hotel jiatrons shall be exemi>t from the provisions of this section; and*] that all vehicles belonj;in^ to the City of St. Louis, or claimed as exempt from licen.se by reason of beinj; in the service of the city, shall have the word "city" painted on both sides of the outside of the bed or body of said vehicle. (M.C.. sec. 171(1.) •Those parts of above section 1S14 na nre enclosed In hrnokets were not en- acted with the RevLsed Code, but nre amendments to the old section, enacted In ordinance 22899, approved March 13. 1907. after the revision ordinance had been Introduced and while it was pending, and hence was not included therein. S. I-, isi.'j. l*lat«'s with nuiuhors— l»y wlioni furnisJuMl — liow furni.Hlu'cl. — The re;;isier shall furnish the metallic plates in ilie license [collect«)r]. who shall issue them without charge to the ajiidicaiit for license, on such vehicles as are reipiired to have the number on metallic ])latcs. and I he ti;;iires sliall be ca.se upon plates and raised so a.s to be easily distin- ;;iiished. The metallic plates shall be punched or jierfoi-ated in such a man- ner that they may be fastened with wood screws on the vehicle or with leather strajis to the trace of the harness. (M. C. sec. 1711.) Penalty for usIOK stolen, counterfeit or unauthorized license plate, see R. C. 1S18. Sec. ISlt). Iiic- «'oll license — returns («» !»«' made — penalty — exceptions.- -livery keeper, owner, proiii-ieior or agent of any li\ery oi- lioarding stalile. and the owner or owners of all vehich-s. shall in January «d' each year state under oath to the license collector how many vehicles of every description are owned, used or kept by him or them, and the licen.se collector may examine every such person on oath touching the num- Imm- of such vehicle owned, used or kept by him during the year next pre- ceding the date of making such statement, and also the number owned, used or kept by him or them, at the time of making such statement; and if it shall appear to the license collector that any person has, at any time during said year, owned, vised or kei)t a greater number of such vehicles than the number upon which he shall have i)aid the license re(|uired by ludinance, the license cidlector shall forthwith institute jiroceedings to recover from such person or persons the amount of such license, together with all the [tenalties and costs prescribed by this article; provided, that a person who jiurchases a vehicle subsequent to the first day of April shall not be subject to any penalties in regard to such vehicles if he takes out a license thereon before using such vehicle on the streets. And should the licen.M' collector at any time lind that any party has made any false statements under oath as to matters einbraccfi within the jirovisions of this article, it shall l)e the duty of the license collector to forthwith report the same to the circuit attorney for his action thereon. (M. C, sec. 1717.) Sec. 1.S22. Vehicles — lig^lits at nigrht— i>enalty for vi(»Iation. — On every hackiie.v carriage, cab nv cihiiulet. when driven in the night, shall have [be] fixed on some conspicuous part of the outer side thereof, two lighted lamps, with i)lain gla.ss front and sides, on which shall be painted in red and legible tigures, at least one inch long, the registry number thereof. All omnibuses, when driven in the night, shall have lighted lamps oi' can- dles inside thereof, with number of said omnibus in front of said lamp or liglit. .Ml wagons, trucks, automobiles, bicycles and all other wheeled ve- hicles [except as below speciiied], while in use on the streets at night, shall display one or more lights or lanterns. [All trucks, wagons or other ve- liicles intended for heavy hauling, and whose onlinary use is during the daylight hours, shall while in use on tlie sti-eets at night, display t>ne or nu)re lights iH'tween the hours of eight ]). m. and five a. m.] .\ tine of not less than live nor more than twenlylivt> dollars shall be assessed for a vio- lation of any of the provisions of this section. i(>i-cl. "Jl JTl and llL'Slt'.i. ameniling M. C, sec. 1718.) Amondod by ord. 32ST3. approved Nov. 15, 1906. and No. 22899. approvpd March 13. 1907. too lotc to appi-iir In tho Rrvlaed Code. Soo Appendix. Tin- ii ..i. .| portions are Indicated by being Inclosed In brackets to sec. 1822 above. As to IlKhts on automobile!! '■'-• -• - ''■■•; 940 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 23. Sec. 1823. Rates of fare allowed — for hackney carriage. — For the use of any hackney carriajje licensed as aforesaid the owner shall be entitled to charge, demand and receive the following compensation, and no more: For conveying one or more passengers a distance of not exceeding one mile, one dollar, and every additional mile fifty cents; all public hackney carriages shall be entitled to charge and collect one dollar and tift^' cents for the first hour, and one dollar for each additional hour. (M. C. sec. 1719.) For Charter authority to fix rates, see Charter. Art. Ill, sec. 26. clause 5. Sec. 1824. Same— for cab or one-horse vehicle. — For use of any cab or cabriolet or one-horse vehicle licensed as aforesaid the owner shall be entitled to charge, demand and receive the following compensation, and no more: For one mile or less, for each passenger, twenty-five cents; for each additional mile, for one or two passengers, twenty-five cents; for an additional one-half mile after the first mile, fifteen cents for one or two passengers; for the first stop of five minutes no charge shall be made; for any subsequent stop ten cents shall be charged for each ten minutes or part thereof; for any package too large to carry inside, ten cents; for one or two persons within the limits of three miles from the court-house, seventy- five cents per hour; for each quarter of an hour additional or fraction thereof, twenty cents; for one or two persons outside of said three-mile limit, one dollar per hour; for each quarter of an hour additional or frac- tion thereof, twenty-five cents; for a continuous stop of one-half hour or more when carrying any jterson at the last named rate, seventy-five cents per hour may be charged while waiting. (M. C, sec. 1720.) See. 1825. Kates by hour for cabs, etc. — In all engagements made by the hour of said cabs, cabriolet or one-horse vehicles, when dis- ( barged more than a half mile from the stand from which they start, the time necessary to return thereto shall be charged for at the rate of seventy- five cents or one dollar per hour, as the case may be. (M. C, sec. 1721.1 See. 1826. When rates may be doubled. — The above rates for all services between twelve o'clock midnight and six o'clock a. m. may be doubled. (M. C, sec. 1722.) Sec. 1827. Postinfj; of rates reqiiired in cabs, etc — The above rates and conditions must be jiosted in plain, legible type, in a con- spicuous place in every cab, cabriolet or one-horse vehicle aforesaid, and the driver thereof shall be provided with printed slips bearing the name of the owner of the vehicle, the number of it and the rates of fare, and shall deliver one to each passenger on his first entry into the vehicle. (M. C, sec. 1723.) Sec. 1828. Omnibus rates to stations. — The owner or driver of any omnibus licen-sed to run to the several railroad depots, hauling passen- gers to and from such raili-oad dejiots within the city limits, shall be en- titled to demand and receive no more than fifty cents for each passenger and ordinary baggage, and shall convey such passengers to any part of the city, within the Jimits defined as follows: Ilebert street on the north. Arsenal street on the south. Grand avenue on the west and the river on the east, in any direction fi-om said railroad depot he or they may require. The owner or driver of any baggage wagon shall be entitled to demand and receive for ten blocks, fifty cents; for any distance over ten blocks shall be according to agreement, if there is no agreement, the charge shall be at the rate of fifty cents for every ten blocks. (^I. C, sec. 1724.) ART. II.] OF VEHICLE LICENSE AND REGULATIONS. 941 Sw. 1829. Fiiriiiturt' car ralt's. The kwikt or ilrivcr of ;iii,v li- renscil riii'uitiiro car or wa;;oii shall he t'lilillcii lo cliai-j;*', dcinatHl and re- f(>ivt> for (xittiii;; a load uimhi his i-ir or wajioii, transjiortin;; the same and jiiittiiit; ilu' same olV. om- dollar and twenty-tivc cents lot- the whole. ( M. (J., sec. ITl'.'i.i See. 1830. Posliiij; of i-a(«'.s in rarriajfos, re};iilatir vehicle, hnnj; u|i in a conspicuous and pi-omineiii niannei- so as to be easily seen and read, a i)rinted copy of tlie rates of established fare by this article. Said eojty shall lie jirinted in black ink, on tliick white card paper, not less than ten inches scpiare, and the type used for ])rintinj;es or lo car- riajies owned and used by livery stables.] ( .M. ('., sec. 172(5.) Ttic proviso. Indicated In brackota above, was not enacted with the Revised Code, but Is an amendment added by ord. 22899. approved March 13, 1907. after the Revised Code was submitted to the Municipal Assembly and before Its passage, lience Coo late to be Included therein. See. 1831. VH)lati()iis of article — penalties. — Any owner or driver of any \ehicle iiienti(Mied in this article, who shall fail or refii.se to jdace and kee]i the number of such vehicle in a prominent place thereon, as herein n-ipiired, or shall fail to pay the license s]iecitied in section ISIO, or shall in any other respect violate or fail to comply with any of the pro- visions of this article shall l)e deemed guilty of a misdemeanor, and ujjon conviction thereof, be tined not less than ten nor more than two hundred dollars. I M. <'., sec. IT127.1 See. 1832. Penalties— refnsal to carry passenjjfers, or |>ay fare, etc., fraiuls on owners of vehicles. — Any owner or driver of a cab, hackney carriage or omnibus, who, when reipiired, shall fail, ne{j;lect or refuse to carry any i)assen;;er or his ba<;;;a{;e, and any such iM?rson who shall ask, demand, or receive for conveying; jiersons or ju-operty more than the sum allowed by this article, or shall in any other manner violate or fail to comidy with any of the ]>rovisions of this article, a ]>enalty for which is not herein expressly fixed; also any person who shall hire any licensed cab. haikney carria-^e or omnibus by the h(Uir or by the mile or for any other sjH'cial st>rvices and who shall refuse or evade or attempt to evade a jtay- ment to the driver or owner thereof the charjies authorized by this article for such services, or any such jH>rson who. by use and by means of any trick, deception or device, commonly called the "contidence game," or by means of any fraud, fal.se statement or preten.se. shall defraud or attem|tt to defraud the driver or owner of any of the aforesaid vehicles out of the authorized char;;es for the services thereof, shall be diMMiied guilty of a misdemeanor, and on conviction thereof, shall be tined not less than five nor more than one hundred dollars, i M. «'.. sec. 172S. i For overcharging, see Infra, aces. 1839 fl ut. S'-r. 18.33. Wliat vehicles deemed to he hired out.— All vehicles used for the transportation of property, which projierty does not Ix'long to the owners of the vehicles so used shall 1m> de hiivd out. and shall be subject to license accordingly, and the owners oi- possessors of 942 REVISED CODE OR GENERAL ORDIN.ANCES. [CHAP. 23. the property may be examined under oath l)y the insi)ector touching the ownership of such j)roperty and vehicles, and tliey shall also appear before the license collector when cited by him, and he may examine them under oath touching the ownership of such property and vehicles. fM. C, sec. 172t>.) Sec. 1834. License collector to perforin diitie.s of vehicle inspectors. —It shall be the duty of the license collector and his dei)uties to perform all duties heretofore performed by the vehicle inspectors and their assistants, and to carry out all the provisions of ordinances pertaining to collection of the revenue from vehicles, except the receipt of the license fee. (M. C, sec. 1730.) Sec. 1835. License to drive public vehicle. — The license col- lector is hereby authorized and directed to issue a license to any person of good moral character to drive any public vehicle without any charge, which said license shall authorize the person therein named to drive the vehicle or vehicles therein named and specified for the period of one year, but no such license shall be transferable, and no person other than the one so licensed shall be allowed to act under said license; provided, that but one person shall be allowed to drive or solicit business for any one wagon or vehicle, whether it be the proprietor or an employe, and the license collector shall issue but one driver's license to each wagon or vehicle, whether it be issued to the proprietor or employe; provided, also, that the license collector shall immediately upon the passage of this article, recall and cancel all drivers' licenses now in force, and issue new ones in lieu thereof, in con- formity with this article; provided that no vehicle license shall be issued for less than one year, except when necessary to make all vehicle licenses expire on the same day. And any i>erson applying for a license after the date fixed for the exi)iration of such licenses, shall pay for the full year from said fixed date. Any person or persons, other than the one herein authorized, who shall drive or solicit business for any wagon or vehicle, shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined not less than ten nor more than fifty dollars for each offense. (M. C, sec. 1731.) Sec. 1836. Badfje and number to be worn.— The license is- sued, as provided in the foregoing section, shall correspond in number with the licensed vehicle, authorized thereby to be driven, and the ])erson so licensed as driver shall procure a leather or metallic badge, upon which shall be painted or engraved, in conspicuous figures, the number of the vehicle such jierson is then engaged in driving, which badge shall be worn at all times when engaged in driving such vehicle, or when endeavoring to procure persons or projierty for transiiortation, in a conspicuous jilace ujjon th(> hat or caj), so as to be easily seen by nil i)ersons transacting business with him; and no person, not so licensed as such driver, shall wear such badge or uum ber. (M. C, sec. 1732.) Sec. 1837. Drivers— to what ordinan<'e applicable— dnty of <)Avners of sprinklin}>: carts. — The provisions uf the next i)receding sec- tion, except so much thereof as relates to the ntimbering of the license, shall ajiitly only to the driver having charge of any hackney carriage, cab or cabriolet, occu])ying any stand upon the levee, or at any railroad station in the city, or that are used specially to convey passengers to and from said raili'oads or levee. It shall be the duty of the owner or owners of every cart or vehicle, us{m1 in sprinkling streets in the city, or in hauling water for AltT III 1 OF REGULATIONS AND PENALTIES. 943 otlier purposes, to cause tlu' luimc or iianu's of such owner or owners to be proiiiirit'Utly placi'd on sucli cart or vcliiclc, in lai-;ii', distinct letters, such as liic ass<-ssor and collector of water rates shall direct. (M. C, sec. 1731?.) Sec. 1s:ks. I'rodiu'o \\a;;ons I'M-iiipt — liet'iist' of iiiaimrt' carts. — All vehicles used exclusively for briuginfij to market any produce or pro- visions of the owners' own raising shall he exen)])t from the provisions of this article, and all vehicles used by afjriculturists for the ])urpose of hauling mail 11 ic shall |iay a liiciisc of one dollar each per aiiiiuiii. t M. (\, sec. 17:54.) ARTICLi: 111. OF REGULATIONS AND PENALTIES.' See. 1839. Overcliarf^o— pi'iialty for. — Kvcry owm r, driver or other person having charge of any hackney carriage, cab, cabriolet, bag- gage wagon, or other veliiding the compensation allowed by ordinance, shall be deemed guilty of a misdemeanor, and on conviction thereof, be lined not less than twenty-five nor more than one hundred dollars, and in addition thereto the license of such vehicle, in whosoever name the same may have bwn granted, shall be declared forfeited to the use of the city. iM. ('., sei-. 1735.) See also R. C. sec. 1S32. See. 1840. Overcharjfo — tlcnial of license for livf years. — Any owner, driver, or other jierson convicted of a violation of section 1831). shall not be again entitled to obtain a new license for any vehicle mentioned in this chapter, of which he may be the owner or driver, or of which he may have contrid. for the term ol' li\ e years from the date of such conviction. ( >I. (.'., sec. 173G.) Sec 1841. ()v«'r<'harg:«' — reports of coiivietioiis for — to whom inaiU'— cxaiiiiiiat ion licforc issuing li«-«'iis»'. — It shall be tin- duty of the cleiks of the polite courts u|ioii any person being convicted of a vi(dation of the jirovisions of this ai'ticle to make a wi-itten return within two days thereafter to the license collector, giving the date and name of the person so convicted, also the nundier of the vehicle of which he may be the owner or driver, and thereu|ion it shall be the duty of the license collector to enter llie same in a book to be l)y him kept for that p'urpose, which book shall be o|ieu at all times to |)ul)lic inspection, on application ami u|)on any person or persons applying for a license foi- any hackne\- carriage, cab. cab- riolet, baggage wagon, or vehicle, it shall be the duly of the license collector iM'fore issuing a license to such j>erson or persons, to examine such jiei'son (U' |K-rsons uniler oath; and if it be found, on such examination, that such person or persons were, at any time within live years before making sucii ap|ilication convicted of violating any of the provisions of this chapter, the license collector shall refuse to issue a license to such jierson or jH-rsiins. I .\l •-.. sec. 1737.) See. 1842. Officers — penalties ag:aiiist. — Any officer whose duty it shall lie to enforce the jirovisions of this chapter, and who shall wilf\illy connive, refu.se or fail to perform the .same, shall l»e dtH'ined guilty of a mis- *I-'or penalty for ualng stolen, counterfeit or unaut)iort7.i : iilate. sea R. C. Bcc. 1818. 944 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 23. demeanor, and on conviction thereof, be fined not less than fifty nor more than one hundred dollars. (M. C, sec. 1738.) Sec. 1843. Drivers — duties of — penalty. —It .'^hall be unlawful for the driver or other per.sou having charge of any hackney coach, omnibus, carriage, coupe, cab, cabriolet or one-horse or other vehicle (licensed to carry passengers for hire in St. Louis), to be off or away from the same while it is passing along the streets and public ])laces of the city; and it shall be unlawful for such driver or person aforesaid to stand, while wait- ing for employment at any other place than that assigned for his vehicle, or to snap or flourish his whip, or to be away from his vehicle, or to sit or stand about the doorsteps or jilatforms, or in front of any house, store or other building, to the annoyance of the occupants thereof, and for every vio- lation of til is section he shall be fined not les.s than ten dollars for each of- fense. (M. C sec. 1739.) [See. 1843a. Hacltney carriage defined.*] ♦After sulmiission of the Revised Code ordinance and just before its passagre, hence too late for insertion therein, ordinance 22899, approved March 13, 1907, was enacted, Tvhich amongst otlier tilings enacted a new section, wliicli if in time, would have been sec. lS43a of the Revised Code, hence attention is directed there- to in this note. Said enactment is as follows: "Section Two. Article Two of Chapter Twenty-three of the Municipal Code is hereby further amended by adding thereto a new section to be known as Sec- tion Seventeen Hundred and Thirty-nine A. as follows: Section Seventeen Hun- dred and Thirty-nine A. Wherever the term hackney carriage is used in the preceding sections it shall be understood to mean a carriage that stands on the public streets or at public hack stands, soliciting public patronage, and it shall not be understood to mean a carriage kept by a livery firm for private use or for private orders only. Approved March 13th. 1907." ARTICLE IV. OF STANDS FOR VEHICLES. Sec. 1844. Stands for veliicles — police commissioners to select. — It shall be the duty of the jiolice commissioners of the Citj' of St, Louis to select and designate suitable and convenient {)laces and parts of streets and avenues as stands for coal wagons, wood carts, furniture cars, hackney carriages, cabs, cabriolets and other vehicles, which usually occupy parts of the public streets and avenues by their owners, temporarily, for the purpose of making sales or seeking employment. (M. C, sec. 1740.) Sec. 1845. Stands, when and how designated. — The selection or designation of stands, required to be made in the preceding section, shall be made in writing on or before the first day of January in each year, and be submitted to the mayor for his ai)]>roval; and if such selection and desig- nation shall be ajiproved by the mayor, a copy thereof shall be filed in the office of the street commissioner, and any changes that the ])olice commis- sioners may find it necessary to make in their respective districts, Avith a view to public convenience, shall in like manner be submitted to the mayor, and if approved the copy shall be filed in the office of the street commis- sioner. (M. C, sec. 1741.) Sec. 1846. Stands — duty of police commissioners It shall be the duty of the j)olice commissicmers to publish twice each year, by at least fifty handbills, posted iu conspicuous and most public places throughout AllT. IV.] OF STANDS FOR VEHICLES. 945 the city, a list or hrief description ol' ilic .streets, parts of streets or jilai^es selected and ilesij;tiated as stand.-* lor the purposes specified in tiie jn-ecediug sections of litis article, i M. ('.. sec. 1T4'J.) Sec. 1S47. Stand.s ox<'1iuI(mI fnnu rortaiii streets. — No stand for any coal wajfon. cart or otln r Nciiicle used for llie larry iiif; of coal, or for any wood eart. shall he selecieil on any street, lane ur avenue of this city east of Sixth street, and heiween Ki-aidhicle, or his agent, driver or person in his enii)loy. or the owner, agent, driver or IH'fson in charge of any furniture car, hackney carriage, cab or cabriolet, within the purview hereof, who shall violate any of the i)rovisions of this article, or any of the rules and regulations made in pursuance thereof, shall be deemed guilty of a inisdemeanor, and upon conviction thereof be fined not less than five nor more than lifteen dollars for each and every olfense; provided, that nothing in this article shall be so construed as to [u-event the selling {>( any coal while at the weigh scales, or while jiassing to and from anv of the stands which mav be selected in pursuance hereof, i .M. <"., .sec. 1744.1 See. 184;). Stands for eoal, wood aiul lonj; feed, where hn'aled. — So nun-h of Hnjadway as lies between the north side of Bates si I ret and the south side of Howard street is hereby set apart and estab- lished as a stand for vehicles used in carrying wood or coal, or long feed for horses and cattle, to wit: Hay. straw, fodder and similar articles; that part of Twelfth street lying between Olive street and St. Charles street is hereby set apart and established a.s a stand for said vehicles; and that part of the Soidard market place between Fulton and Decatur streets is hereby set ajiart and estaliiished as a stand for said vehicles. .\11 jiersons bringing sueh long feed in vehicles to this city for sale are rei|uii'cd to occupy one of said stands, t .M. ("., sec. 174ri. i Sec. l^.")0. Stan«ls — around coiirf house eslaldished — re^'ulations. — The streets bounding the court house and in front thereof, to wit: On Fourth, Fifth, Chestnut and Market streets, are hereby estab- lished as hack slaiuls in the City of St. I.,otiis. An <>]ien s]iace of not le.ss than fifty feet shall be left free anil clear on Fourth and Fifth street wings, opposite the entrance thereof, ami iin open sjjace of not less than lifty feet ec 946 REVISED CODE OR GENERAL. ORDINANCES. [CHAP. 23. shall be left free and clear on the Chestnut and Market street wings, oppo- site the entrance thereof. The horses and hacks on the north line of the space on Fourth and Fifth street shall front to the north, and those on the south of said space on the streets last aforesaid shall front to the south, and those on the west line of the space on Chestnut and Market streets shall front to the west, and those on the east line of the space last afore- said shall front to the east. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof, be fined not less than five nor more than twenty dollars. (M. C, sec. 1746.) Sec. 1851. Stands ill front of private premises — how regulated. — Occupants of premises in front of which it is desired to stand for employment cabs, cabriolets, carriage, coupe or one-horse vehicle, may give jtermission in writing to the owner or driver so to do, which permis- sion shall not be effective until it is approved by the mayor, and it may be revoked by the mayor at any time, whereupon all rights under it shall at once cease and be ended. (M. C, sec. 1747.) ARTICLE V. - OF .STEAM CARS A.NIJ STEAM RAILROADS.' Sec. 1852. Gates at crossings required — Avatchiiian. —Every person, association or corporation running or o]icrating engines or cars propelled by steam power upon its railroad track or tracks, along or across any street, avenue or road in the City of St. Louis [which is] now. or which may hereafter be, used for wagon travel, shall erect at all cross or intersect- ing streets, avenues or roads so used, or which may hereafter be used, a gate or gates made of wood or iron or other suitable material, and unless said gates are opened and closed automatically, such person, association or cor- poration shall keep a watchman to operate said gate or gates, who shall close the same immediately before the passage of any engine, car or train of cars, and open the same immediately after such passage. Such gate or gates shall be so erected on such improved streets, avenues or roads within thirty days after such person, association or corporation shall be notified so to do by the street commissioner of the city. Provided, however, that this article shall not apply to any cross or intersecting avenue, streets or roads that are now or may hereafter be bridged over and across the railroad tracks; and provided, further, that this article shall not apply to any cross or intersect- ing streets, avenues or roads on which are laid tracks used exclusively for switching purposes, or for switch tracks. (M. C, sec. 1748.) Sees. 1852 and 1S53 are authorized by the Charter, and gates erected in pur- suance thereof in the streets are not nuisances: Seibert vs. Railroad, 188 Mo, 657, If the ordinance has been complied with, its admission, if error, is harm- less: Mulderig vs. Railroads, 116 Mo. App. 655, 665, The failure to station a watchman at a crossing when required by ordinance has been held negligence per se: Thomas, J., in Dickson vs. Ry., 104 Mo. 491, 501, citing a number of cases as so holding. Sec. 1853. Penalty'. — Any person, association or corporation failing to observe and comply with the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof in the police court of the city, shall be fined not less than one hundred dollars, nor more than five •See Charter, Art. Ill, sec. 26, clause 11; as to difference respecting the au- thority of municipalities in conferring the use of streets upon street railways and steam railways, see State ex rel. vs. Corrigan Street Ry.. 85 Mo. 263-275. ART. VI OF STEAM CARS AND STEAM RAILROADS. 947 lnuiiirc(l dollars Tor eacli and every offense, aud every day's viulatiun thereof Khali constitute a separate offense. (M. C, sec. 1749.) See. 1854. Duty of police. — It is hereby made the special duty of the police to enforce the provisions of tlie two preceding sections, and to this end each patrolman shall rejiort any violation tlioreol' comint; to his knowledj;!' to his sii|)erior offucr tlaiiy. aud shall arrest all fuiiiluycs, watch- men or jicrsons {riiilty of a violation of section one thousauf >IHT deemed j;\iilty of a misdenu'anor, and upon conviction thereof, shall be fincnl not less than live dollars nor more than one hundred dollars for each and every otfense; provide. See also, Blair vs. Chicago, 201 U. S. 1. c. 4S3. As to what constitutes a street railway as distinguished from a railroad, see Hannah vs. Street Ry., 81 Mo. App. 78. See also Jerman vs. Benton. 79 Mo. 148; Ruckert vs. Grand Ave. Ry.. 163 Mo. 1. c. 276. Sec. 1864. Rules, regriilatioiis and provisions for running street cars. — -The following rule.s. regulations and jirovisious coueerniug the running and management of street railway cars shall lie binding upon every person, corporaticm or co-partuership taking out license under the pro- visions of this article, or managing, controlling or ojteratiug street ears in the City of St. Louis. First: No cars, when not in actual use for passenger travel, shall be kept standing in any street or ]iublic thoroughfare, except for the conven- ience of the public and when manned by motormen and conductors. Second: No car shall be allowed to stop in front of any intersecting street, except to avoid collision or to prevent danger to persons in the street. Third: No car shall be allowed to stop on a crosswalk except when signaled or required to stop to receive or discharge {lassengers, in which case it shall be stopped so as to leave the rear platform partl^y over the crossing or crosswalk, and except to avoid collision or to prevent danger to persons in the streets. Fourth: The conductor, motorman, gripman, driver, or any other per- son in charge of each car shall keep a vigilant watch for all vehicles and persons on foot, especially children, either on the track or moving towards it, and on the first appearance of danger to such persons or vehicles, the car shall be stopped in the shortest time and space possible. Fifth: Conductors shall not allow women or children to leave or enter the cars while the same are in motion. Sixth : Conductors shall announce to passengers the names of the streets about to be crossed, and the jilaces where the cars connect with or intersect any railway track or any other line, division or branch of street railways. Seventh: The cars, after sunset, shall be j>rovided with signal and headlight, and shall be properly illuminated within. ]"]ighth: The cars shall be entitled to the track, and any vehicle upon the tr.'ick shall turn out when any cars come up. so as to leave the track unobstructed ; aiul the driver of any vehicle refusing to do so when requested by the motorman, gripniau, driver, or any person in charge of any car, shall be deemed guilty of a misdemeanor; provided, that persons moving any article from or to any vehicle shall be, in cases where such vehicle cannot be so placed as to permit the car to pass, allowed a reasonable and sufficient time to load or unload the same, but not so as to delay any one car exceeding ten minutes. If longer time be required such vehicle shall lie loaded or un- loaded between midnight and five-thirtv a. in. 4 AKT. VI. 1 OF STHKKT CAUS ANM> STRICET KAIl.W AYS. 951 Ninth: All strct't railroad roiiipaiiies sliail operate tlicir roads accord- ing to the provisions of tlicir respective charters, except in so far as the same may he iiicoiisisleiit with, or in conllict with, the re(|iiir('iiieiiis and prmisions of this ordiiiaiici' or article. I'ciilli: All cars shall he ke|)t c(iinroiialil_\ healed whenever (he tem- perature without is lielow I'ort.v (h'^rees Fuhreiilieii . All cars shall he kept in a cleanly condition, and free from tilth or rnhhish. I'^ach car shall be ideiitilied In the numhor of the car phiinly appearinj; thereon. At all times while bein-; operated every car shall indicate the line to which the same belonjrs, or if there be divisions of «nch line, then the iiarticniar division thereof, by si^jns or lelterini; plainly lej;ible to persons on the street, or sidewalk, said si;;ns. after snns(>t. to consist of illnminaled lrans|iarencies. lOleveiith: It shall be the diil\ of I he iiiolorinan or other ix-rson con- trcilliiij; the iiinninf; of a street car to rednce the s|)eed of the same when apiiroachinjr and jiassinj: a lire engine house to not exceed six miles an luMir. I (Mil. L'lll.'I. anieiicliiig M. (_\, sec. 1700.) Cluirtir. Art. X. s.'i-.s. 1 and L'. confers full autliorlty over street ranroads and their retrulatlon and control. See note thereto. In Genrrnli It is not to lie qiiostioned tluit tlu- City of St. Louis, under the eomprohenslve grants in its Cliarter. has the police power to regiilate the use of Its streets by street oar companies (to whom it has granted prior franchises), for the protec- tion of tlie public which uses them for tlie paramount purpose for which they are established, to-wit, for travel thereon: Sluder vs. Transit Co.. 189 Mo. 107, 130; SpringOeld Ry. vs. Springfleld, So Mo. G7J. Where an ordinance is In the exercise of the police power of the city, and not of Its proprietary right to contract for Its municipal advantage, the ordi- nance does not depend upon the acceptance of the street car companies to malce it obligatory upon them to obey it. but it is a municipal law of which all are reijulred to tal Mo. 161. 176: Schmidt vs. Ry., 163 Mo. 645: Holwerson vs. Ry.. 157 Mo. 216. Where in the ordinance conferring the franchise, the rate of speed Is limited, no further acceptance need be shown than the operation thereunder of the cars: Chouquette vs. Ry., 152 Mo. 257. 265. The violation by a street car company of an ordinance passed as a police regu- lation for the protection of the safety and property of the citizens. Is negligence per se, and affords the basis for. recovery by a person Injured In consequence of such violation: .'Sluiler va. Transit Co.. 1.S9 Mo. 107. (following Jackson vs. Rail- road. 157 Mo. 621, Hutchinson v.s. Railroad, 161 Mo. 246, Karle vs. Railroad, 55 Mo, 476, Prewett vs. Railroad. 134 Mo. 615, RIska vs. Ry., 180 Mo. 168, 193, and ■ itluT cases holiling the doctrine stated, and again overruling Fatli v.s. Railroad, lii5 Mo. 537. 545 and the line of cases following that case, including Bylngton vs. Ituilroad. 147 Mo. 673. Murphy vs. Railroad. 153 Mo. 252. Sanders vs. Railroad, 147 .Mo. 411. Holwerson vs. Railroad. 157 Mo. 216, and others, which announced the • loitrln.' Iliat no causi> of aition arose to a person injuri'd by suih an ordinance). Mursliall. J., rlissonts in th<> Sluder case. In a lengthy opinion, citing many Mia- .'ourl decisions pro and con. on the ground that the city could not, by ordinance, alter the general rights and liabilities between private persons inler trie ao as to create a cause of action otherwise not existing by general law. Whore the company publishes Its reasonable regulations as to where Its cars shall stop for leaving passengers, the latter must take notice thereof: and the company may Introduce an ordinance prohibiting it from stopping at the place plalntirr sought to alight and was injured: Jackson vs. Ry.. US Mo. 199: but gg2 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 23. not if in conflict witli the ordinances: Maguire vs. Transit Co., 103 Mo. App. 459, -172. Clause Third of section R. C. 1864: See somewliat similar ordinance referred to in Jaclvson vs. Ry., IIS Mo. 199. Clniise Fourth in above section R. C. 1864 (Vigilant Watch ordinance), is a valid police regulation, based on the same principle as an ordinance regulating speed; it is binding on the companies independently of acceptance by them, and its violation is negligence per se, which affords ground for recovery of damages by one injured thereby: Sluder vs. Transit Co., 189 Mo. 107 (with an elaborate discussion of the authorities in the majority and dissenting opinions, and authori- tatively overruling that line of cases holding that a city could not by ordinance create a civil duty enforceable at common law between private persons, of which Path vs. Ry. Co., infra, was the leading case, followed by others) ; Riska vs. Ry., ISO Mo. 168, 193; Gebhardt vs. Transit Co., 97 Mo. App. 373; Latson vs. Transit Co., 192 Mo. 449. Independently of the question of furnishing a private cause of action, the validity of the ordinance has been frequently sustained: Fath vs. Ry., 105 Mo. 537; Liddy vs. Ry., 40 Mo. 506, 519; Holwerson vs. Ry.. 157 Mo. 216; Senn vs. Ry.. 124 Mo. 621; Schmidt vs. Ry.. 149 Mo. 269. 284; Conrad Grocer Co. vs. St. Louis, etc.. Ry.. 89 Mo. App. 391. Where the action is founded on common law negligence, proof of vio}ation of the vigilant watch ordinance is admissible, even though not specially pleaded: Meng vs. Railway, 108 Mo. App. 553. 564; because the ordinance when properly construed is but declaratory of the common law duty of corporations operating street cars in populous cities, and when pleaded is in effect nothing more than an inartificial averment of that duty that should be stated in more apt language than is expressed by the ordinance: Sepetowski vs. Transit Co.. 102 Mo. App. 110. 119. Clause Fifth: See Shareman vs. Transit Co.. 103 Mo. App. 515, 520. 529. Clause Eighth: As to right of way between street cars and vehicles, see Lat- son vs. Transit Co., 192 Mo. 449, 457; Oates vs. Street Ry., 16S Mo. 535, 544; Schof- stete vs. Ry.. 175 Mo. 142; and see infra R. C. sees. 1S86-18SS; and as to right of way of ambulances of Health department, see ord. 23068. Clause Eleventh; Fire department not to be interfered with: See R. C, sec. 1885. Sec. 1865. Regulations as to rate of speed. — No car shall be drawn or propelled at a speed greater than the rate of ten miles per hour in that part of the city hounded by the 5Iississip]»i river on the east. Arsenal street on the south and (Iraud avenue and its prolouijation to said river on the west and north, inclusive of both said streets, said district so bounded to be known as the Central District; and no car shall be drawn or projielled at a speed greater than at the rate of fifteen miles per hour in that part of the city not included in the said Central District above bounded and de- scribed, to be known as the outer district. But nothino- in this section shall be construed as sanctioning or allow ing any car at any time or any place to run at any rate of speed which may be dangerous to the safety of passengers or persons on the streets. (Ovd. 21113, sec. ITGOa.i Effect of ahove ordinance 21113 on speed Icifislutiou. Prior to the enact- mest of ord. 21113. there was no general law applicable to the speed of street car lines in St. Louis, because these were held to be governed by the rates of speed permitted in the numerous various sfiecza I ordinances under which the re- spective franchises of the companies or their assignors were conferred (so that almost every line and after the consolidation, each of the several divisions, was permitted a different rate): Ruschenberg vs. Southern Elec. Ry.. 161 Mo. 70. To avoid this condition of affairs and the confusion and uncertainty on the part of the public growing out of it. and substitute a harmonious law. ord. 21113 fixed the general rate of speed and made it applicable throughout the city by the repeal, in express terms, of the speed provisions in the special ordinances, (as a police regulation which could not be contracted away in the special ordi- nances by the city); ord. 21113, in clause 3 of sec. 1760a thereof, therefore ex- pressly repealed the inconsistent provisions in the following special ordinances: ART. VI.) OF STREET CARS ANI> STIUOKT KAII.WAYS. 953 Nos. 19738. 19429. 19393. 19392. 19352, 19350. 18231. 18677. 18050. 18049. 18048, 18047. 18010, 17693. 17375. 171S5. 17184. 17183. 17072. 17048. 17047. 17021. 17010, 17009! 17008. 17004. 1G704, 16641. 16640. 16639. 16169. 15954. 15S03. 15802. 15S01. 15642! 15606! 15605. 15604. l56o;i. ir.fiir.'. i.^.f.oi. 1.-.600, i.'-.a47. ir.nr,. ir,ii;ri, ir,023, 14600, 132S2, 12652 and 4564. As to rale of speed of company whose cars are l>y law perinltteil lo run over the tracks of another company, see R. C. sec. 1S99. OrdliiiineoM reiculntlnK the npeed of street railway companies are very clearly within the police powiis of the City of St. Louis, and are binding on all who come within the scope of their provisions. rcKardless of any question of accept- ance by the companies, and their violation Is neifllgrence which, when resultlngr In Injury to a private person. Is g:round for a civil action (the later cases over- rule a line of former cases holding that a private cause of action was not cre- ated by violation of an ordinance): See authorities In preceding note; also Sluder vs. Transit Co.. 189 Mo. 107. 130; Rlska vs. U. D. Ry. Co.. 180 Mo. 168. 194. See also Story vs. Transit Co.. 108 Mo. App. 424. 430. And see authorities to same effect In note to regulation of speed of steam roads, supra, sec. 1856. But In a suit by a conductor against the company, the latter cannot defend that Its servant obeyed the rules, even In violation of the ordinance: Moore vs. Transit Co.. 193 Mo. 411. 420. Authority by ordinance to run at certain speed does not confer on the com- pany the right to do so. where It Is dangerous under the particular circum- stances: Schmidt vs. Ry., 149 Mo. 269; Holden vs. Ry., 177 Mo. 456; Beler vs. Transit Co., 197 Mo. 215; Story vs. Transit Co., 108 Mo. App. 424, 430. As to speed In absence of ordinance or statute, see Petty vs. Ry., 179 Mo. 666; Holden vs. Ry., 177 Mo. 456: Warner vs. Ry., 178 Mo. 125; Theobald vs. Transit Co., 90 So. W. (Sup.) 354; Latson vs. Transit Co., 192 Mo. 449. S.c. ism; l{(><;ulati«»iis avImmt s as l»«>t wccii s(r«'«'t <'ars. — At all jioiiits wheri» tlie street car ti'ack.s mav iiitersect or cross any steam railroad track every street car shall be broujiht to a full stop not less than teu nor more than twenty-five feet from nearest point of intersection, and shall not proceed to cross said railroad track until. u])on sufficient invest i- j;aIion. the conductor or other projier af^eiit apjioiiited liy the coniiiaiiy for that purpiise is assured there is iio danfjer of collision. \vliercii]ioii the ](ei-son in control of said car shall he sij;ii;iled to proceed. And at all points where the street railway track intersects or crtisses other street railway tracks. the car shall be stojtjjed immediately before crossiufj; the same, so as to avoid (hiufier of collision. The car going in an eastwardly or westwardly direction over, on or crossing any intersecting street upon which other street cars are run shall be entitled to the right of way to ]iass before any car going in a northwardly or southwardly direction at the point of intersec- tion of such slriM'ts. And it sluill lie the duty of the conductor, iiioloriiian. gripinaii. drivei', t>r any other person in charge of the car going a north- wardly or southw:irdly direction to run the car when approaching the in- tersection of other street railways so as to stoj) in due time and give the right-of-way to the car going in an eastwardly or westwardly dii'e<-tion on the inter.-^'cting line. Hiit in no event shall this chuise be so construed as to sanction or ;illow a willful (»r w;inloii collision by the conductor, motor- man, gripman. or driver of a lar running in an eastwardly oi' westwardly dirrction. lOrd. lil 11:!. sec. ITf.ll.i. i.:ir. 2.) See .similar statutory provision R. S. 1S99, sec. 1180 (ante "I..aws Applicable to St. Louis." sec. 618). Sec. 18tJ7. TiiiH' scIumIuU's — how cliaii^cti. .\ll jiersons. corjio rati(Uis or associations running, o|>ei-ating or loiiirolljng the regulation yr operation of street cars, or the time schedule for the same, shall be re(|iiired to observe and conform to the following rcfiuirements and regulations: 934 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 23. First : Unless, and until, amendments or alterations to be effected as provided in clause lourtli of this section, the cars of each and every line,, corporation or association, operated or running in •whole or in part within the Central District, or that bounded by the Mississippi river, Arsenal street and Grand avenue and its j)rolongation to the river, said streets inclusive, shall be so operated, managed, regulated and scheduled that in the start- ing of the successive cars from the starting iioints for the trips over the route, there shall never, from half-past five forenoon, to half-i)ast eight forenoon, nor from half-past four o'clock to half-past six o'clock in the afternoon, be an interval of time exceeding thi'ee minutes, except on Sun- days and legal holidays, when such intervals shall not exceed four minutes; and from half-past eight o'clock forenoon to half-past four o'clock after- noon of every day, such intervals shall not exceed six minutes: and from half-past six o'clock afternoon to midnight, such intervals shall not exceed six minutes, and from midnight to half-past five o'clock forenoon such inter- vals shall not exceed one hour. In every case successive cars having started within the res])ective i)erio(ls of time above indicated, no greater interval of time than the maximum interval for starting shall be permitted to elajjse between the passing of any such cars at any point along the route until the trip is completed. Second: Unless, and until, amendments or alterations be effected as provided in clause fourth of this section, the cars of each and every line, corporation or association, operated or running wholly within the outer district, namely, all that portion of the city not included in the Central District above bounded, shall be so operated, managed, regulated and scheduled that in the starting of the successive cars from the starting point for the trijis over the route, there shall never from half-past five to half- past eight forenoon, nor from half-jiast five to seven o'clock afternoon, be an interval of time exceeding six minutes; and from half-jiast eight fore- noon to half-jiast five afternoon of every day. and also from seven o'clock afternoon to midnight, such interval shall not exceed seven minutes; and from midnight to half-past five o'clock forenoon, such intervals shall not exceed one hour. In every case successive cars having started within any of the respective periods of time above indicated, no greater interval of time than the maximum interval for starting shall be permitted to elapse between the passing of such cars at any point along the route until the trip is com- pleted. ---;V / Third : Where any person, corporation or association operates or runs cars all of which do not i)ass over the same route throughout, but which partly or wholly cover the different routes, then the two next foregoing clauses of this section shall be so construed as to apjily to each division, branch or route of such line as if the same were operated as a distinct and separate line, corporation or association. The ])rovisions in said two jireceding clauses fixing the maximum in- tervals of time allowed between the running of the cars shall not be so con- strued as being violated in any case where the same cannot be complied with by reason of circumstances beyond the control of those upon whom such duty is imposed. Fourth: The time schedule or maximum intervals provided for in clauses first and second of this section may be amended and altered by the sti'cet car comjianies or associations ojiei-ating the cars as occasional exi- gencies or the i)ublic convenience may. from time to time. re(iuire: provided, however, that no such contemplated amendment or alteration can be made AKT. VI.] OK STRKET CAltS ANI> sri;i;i:T IIAII.W AVS. <)55 or lK»r()iiio I'lTi'ctivc luiloss ami until on wriltt'ii aiiplication siitiinilli-d to the Mayor and rri-siileiit of the ("ouiuil. ami, if tliiMr Iti' one, to tiiu Streot Rail- way Supervisor, such ])roposeil aiiu'ndnu'nt or alteration shall have received the sanction and appioval of at least two of said otTicials, to be evidenced by their eiidorsciiu'nl thereon, and said dociinii'nl shall have been liU'il with the He;;ister; and in every case of uniendnient or alteration a new and com- plete time schedule of the <)iiei-ation of the cars shall be tiled with the IJe}?- ister. Any permit for a chaii;;e in tiic lime schedule or iiiaxiiiniiii intervals between cars may be revoked by the Mayor and I'resident of the t'ouucil and the Stre<>t Railway Supervisor, if there be one, or by any two of said oll'i- cials. and upon such revocation of such jtermit or sanction the time schedule or maximum inti'rvals between cars herein provided shall tliereupon aj,'ain l)€Come etl'ective in lieu of those for wliidi the saiicliorations or associations all'ected by the forefjoin;; three clauses (o comply with the provisions thereof. (,Ord. 21113, sec. ITGOb.) By clause sixth In ord. 31113, sec. 1760b, tlie provisions of special ordinances, so far as they may be Inconsistent with the time schedule (Ixed In ord. 21113, are apeclrtcally repealed, such special ordinances beln^ numbered 19429, 19393. 19392. 19352. 1.S231. 1S049, 1804S. 1S047, 17C93. 17375, 17185. 17047. 17021, 17010. 17009, 17008. 16641. 16640. 16068. 15954, 15606, 15605. 15547. 15164, 15038. 15023, 14S37, 144S5, 144S4. 13282. 12976, 12888. 12713. 12513. 11692. 11580. 11528. 11321, 11237, 10824, 8982, 8701, 6023, 5735. 5427, and 5309; and sec. 1780 and 1781 of M. C. are repealed also. As to the right of the city to fix such time schedule, see Charter, Art. X. sec. 1, conferring power concerning "all questions arising with reference to street railroads, whether such questions Involve construction, granting right of way or regulating and controlling them after their completion," etc.; and id., sec. 2, conferring power "to regulate the time and manner of running cars," etc. (same as by statute conferred on cities of the first class: R. S. 1899, sees. 5439-5440). And Chart.. Art. III. sec. 26. clause 11. giving power to grant right to construct railways "subject to the right to amend, alter or repeal any such grant In whole or In part, and to regulate and control the same, as to their fares, hours and frequency of trips," etc. In State ex rel. vs. Corrlgan Street Ry., 85 Mo. 263, 282, In denying the right of the city by subsequent ordinance to Increase contractual burdens Imposed In the franchise, the court also suggestid that a provision In such subsequent ordinance that "Cars on such regular lines shall be run at Intervals not exceed- ing five minutes" was a "proper exercise of the police power." Sim' i.sc.s. \ iolat ion of "^ix-cd or t iiiif sc]i(>iliiU' «>rot Imm- r4'<;ii]a- tioii iiiiuU' iiii.sdfiiuiiiior prrparatioii <>i-|)i-oiiiiil;>:atioii olsi-hed- iile <>r ortler, et<" penalty. — Kvery person or corporation which may ilo any act in violation of any of the jirovisions of .sections ]S{;-1, l.StM, ISOG or l.'>»liT, or of any section relatiii}; to the re;;ulalion or operation of street cars where no dilVerenl ]irovision is made for a violation thereof, and every presiclent. siiperiiiteiideiit. iiiaiia;,'er or other oll'icer of any corporation or assoiiation who in any way aids or participates in (he preparation of any schedule or order, uv the proinul^ation thereof to any employe, the terms of wliirh contemplate and result in a violation of any of the provisions of sec- tions ISIi."). ISVtV,. or of any other section of this article where no ditFerent jirovision is niatle for a vicdation thereof, shall 1k' deemed fiuilty of a mis- demeanor and iijion lonviction thereof shall Im- lined not less than five dol- lars nor more than live hundred didlais for each and every otfeiise; even- day during; which any unlawful order or schedule remains unrevoked shall Ik' considered a separate otl'eiise. i ( >rd. "Jlli:!. sec. ITiii'i-. i 956 REVISED CODE OR GENERAL ORDIN.\NCES. [CHAP. 23. Sec. 1869. Each car to run over entire route— passenj^ers not to be required to change cars — exceptions — how routes chanjfed. — Except in case of unavoidable accident or when a car is about to turn in according to a schedule at a car shed, or where extra cars are required to run temporarily under exceptional circumstances to a particular point for the accommodation of the jjuWic and are plainly placarded to that effect, every street car company or association oi)eratinfr, managing, con- trolling or running any line of cars, shall be required to run each of its cars that may be carrying one or more passengers, to the end of the entire route, and shall not require any passenger to alight from any one of its cars and take a preceding or succeeding car traveling over the same route in order to continue to his or her destination. This section shall not be construed to i>rohibit the reasonable transfer of passengers from one line to another line, or from one division to another, at any reasonable point from which said lines or divisions do not continue on the same route; but no such company or association shall under any existing charter or franchise establish any new route or routes which re- quire the transfer of passengers to another car in order to reach any point accessible without a transfer on August twenty -eighth, nineteen hundred and two, and all routes as then operated shall so continue to be operated without abridgement. Provided, that in case of emergency, such as the blocking of the tracks cau.sed by conflagrations or under similar exigencies, the cars may in order to accommodate public convenience, temporarily be run over other tracks until the regular route can again be covered; and pro- vided further, that such comjianies or associations may make all lawful changes in the routes when public convenience requires, on condition that the proposed changes first receive the written approval and sanction of the Mayor, Tresident of the Council, and Street Railway Supervisor, if there be one, or any two of the said officials, and said written approval has been filed with the Register. And provided further, that said written approval may at any time be revoked by any two of the officials above named, and upon such revocation of such api)roval or sanction, as aforesaid, the route originally existing before such sanction or permit shall forthwith be re- established, subject to the jirovisions of this article. (Ord. 21113, sec. ITfiOd.) See this section construed in Dryden vs. Transit Co.. 120 Mo. App. 424. 427, 429, holding in effect that it is an "utiavoidable accident" when the car is be- hind time resulting- from a Jammed switch, and that to divert the car from its regular route and make a loop. -'O as to give it the usual space ahead of the fol- lowing car, is not a violation of the ordinance. Sec. 1870. Rej?ulations for receivinro|ii'iiit)> cornor dcsii'injr to lioanl such car. or liy the coiKhictor of such cars, or whenever so i'e(|iiesie(l. sijjnahMl or rtrch-red hy ihe conductor or any |passciij;ei' on siuli car desifitij; lo leave sncli cat', and in every instance such cat- shall feinain slalionai'v fof a .suf- ficient len;;tli of time to enaiile ]iassen^ers safely to hoai-d or leave the car; ])i-ovided. tiiat a car in which theiv aiv no unoccupied seat.s need not stop to receive passenfjers when such passeiifjers may hoard a sncceedinn; car which is at the lime within tliree luiudred feet of Ihe first car and lioiiiid over the same ruiile thrniii,'liout. Thnd: \\lieiie\('r any car is aliuiii to pass aiinllici- car jioinji in the opposite direction, at a point where it is permissiiile to passeiii^ers to ali;ilit from or to hoard a car, said car shall proceed at a rate of speed not over three miles an hour, and the motormaii, driver, or person in control sliall rill}; a warnin},' f^on'; or hell. All cars runniii}; on a route any portion of which is not li-ihted hy street lamps shall carry on the rear end car a red lantern containinf; a coal oil lijiht. (Ord. 21113, sec. 1761.) While street car companies may make rules respecting the stopping of cars, yet such rules must not be Inconsistent with the city ordinances; hence a rule that cars need not stop to take on passengers when the cars are eight minutes or more behind time Is of no effect In law. as It Is contrary to the ordinance provision: Maguire vs. Transit Co.. 103 Mo. App. •t.'i9. 472. .■Vnd a company sued by Its own servant cannot set up the defense that the latter obeyed the company's rules Instead of a speed ordinance: Moore vs. Transit Co.. 193 Mo. 411. 420. A street car company Is liable for negligence, where by Its custom It stops to discharge passengers at the point where plaintiff Is Injured by a premature starting, although such point Is not one where the ordinance requires It to stop: Gllroy vs. Transit Co.. 117 Mo. App. 663, 068. See. 1871. Penalty for violjitiiij; last sectuni. — .Vny driver, con- tlnctor. inotorman. •;ri|piiiaii or oilier ser\ant of any street car company, co- partnership or coripoiaiioii who shall violate any of the provisions of the next preceding; section shall he deemed jjnilty of a misdemeanor, and ni)on conviction thereof shall lie ininislied l)y a tine of not less than live dollars, nor more than one iiundred dollars, or be imprisoned in the city jail not less than one. nor more than thirty days, or by both such fine tind imi>ris- oiunent. for each and every offense. (M. C, sec. 17G2.) Perhaps only so much of the penalty as provides for a fine (and In case of failure to pay same, to be worked out at the work-house, as In case of other fines). Is authorized by the Charter. If the section contemplates Imprisonment even If there he no default In paying a fine: Charter. Art. IIT. sec. 26. clause 10. See. 1872. PriiitiMl <'0|»y of ordiiiaiicc t<» !>«' poslrd in t'ach oar. — .Vny company. coparinerslii[> or coi|ioraiiiin ()|ieratiii}; or running street cars in the ("ity of St. Louis, whether |iri>pelled or drawn by Imr.ses. nmles. cable or electricity, shall he re(|iiired to expose to plain view to each pas.sen;;er enteriii}; their cars inside of each of their cars, a printed copy of sections 1870 and 1871. .Vny violation of the ju'cvisions of this section sliall he deemed a misdemeanor. ;ind on conviction thereof the said comi)any, copartnership or corporation shall be fined not less than five dollars, or not more than one hunilred dollars for each and every offense. The non compliance with the jirovisions of this section shall for eai-h day and for each car. when and where sucli violation exists, constitute a .sejiarate of- fen.se. t M. ('.. sec. I7r.:!. i Sei'. 1S7:L l-fntltT.s lo lu' prox i(lc(l appioxal of. .VII peivons, a.ssociations or corjiorations now or hereafter owninj; or o|M»ratin<; street railways in the City of St. Louis, either by cable or electricity, shall pro- 958 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 23. vide all of their grip or motor cars now or hereafter in use, with fenders projecting beyond the front jjlatforms of such cars, and designed to catch and sustain any human being who may be in the way of such car, and also provide and equip all their street cars with front and rear wheel guards; such fenders and wheel guards shall be of a design which the board of public improvements shall have certified in writing meets the approval of such board. All such cars shall be etiuipped with such fenders and wheel guards by September first, eighteen hundred ninety-five, and such fenders and guards shall be placed on all street cars in use thereafter. (M. C, sec. 17C4.) In the absence of a statute or ordinance there is no duty requiring the use of fenders, and their absence is not negligence, at least not per st : Hogan vs. Ry.. 150 Mo. 36. 48. Sec. 1874. Same— revocation of certificate of approval — time for furnishing new fender plans — penalty for opcratinj; there- after without new fender — use of broken or ineffective fenders misdemeanor, etc.— It shall be tlie duty of tlie Board of I'ulilic Imjirov- inents to examine and pass upon all designs for fenders and guards submit- ted to such board by any street railway company, and to give a written cer- tificate to such company of the approval or disapproval of such designs by said board. If at any time the board shall, upon investigation, determine that a fender or guard which it has previously approved is ineffective or unsuitable as a life-saving device, it may cancel and revoke the certificate of ajiiiroval theretofore issued by it. Upon such cancellation or revocation the board shall cause to be served a notice thereof upon the president or other chief officer of the company using such fender or guard, or in the event of the absence of the president or other chief officer from the office of the company, then upon some person employed by the company and in charge of its business office, and sixty days after the service of such notice upon such company shall be allowed said comj)any within which to provide new fenders or guards meeting the approval of the board; and any company using a fender or guard after the lapse of sixty days from the service of such notice of cancellation or revocation of its approval as aforesaid, shall be deemed guilty of a misdemeanor, and upon conviction in a police court of the Cif\- of St. Louis, shall be fined not less than one hundred dollars nor more than five hundred dollars for each and every offense, and every day's violation of this provision shall constitute a separate offense. If any com- pany shall use on any of its cars any fender or guard which has become broken, dilapidated or ineffective by reason of lack of repair for more than one round trip, although such fender or guard may be of a pattern or de- sign ajiproved by the Board of Public Improvements, such company shall be deemed guilty of a misdemeanor and upon conviction thereof sliall be liable to the same penalties provided above. (Ord. 20540, amending M. ('., sec. 17G5.) Sec. 1875, Penalty for operatinj? cars without fenders. — Any person, corporation or employe, ojierating any street car in the City of St. Louis, after October first, eighteen hundred ninety-five, not equipped with fenders and guards as hereinbefore jjrovided, shall be deemed guilty of a misdemeanor, and ui)on conviction thereof in the police court of the City of St. Louis, shall be fined not less than one hundred dollars for each and every offense, and everv dav's violation thereof shall constitute a separate offense. CM. C. sec. 1766.) See. 1876. Gettinj; on fenders, forbidden, except.— Any ])erson who, when not in danger of injury, shall get upon such fender attached to AItT VI. 1 OF STREET CARS AND STREET RAILWAYS. 950 any i-ar, as hereinbefore provided, whether such ear be standing still or in motion, shall ho jtnilty of a niisdcineaiior, and upon conviction thereof shall Im' tint'd not less than ten dollars nor luorc than I'lt'ly dollars. ( M. ('., sec. ITtiT.) Sec. 1S7?. I?rak«'s to 1)«' pro\ itIiMi fiow ;ippr«>v«'(l <'«'r(irK'a(<' of approval — p«'iialt,\ for opi-ratioii of iiiolor car.H without brakes.— All persons, associations or corporatit)ns now or hereafter own- iufi or operalinj; street railways in the City of Saint Louis, shall ])rovide all theii- umiiir cars, now or hereafter in use. with brakes to stop the cars, of a desi};ii which the lUiard of Public Iiii]irovciii('nls shall lia\'e rcrtilied in writiiif; meets the approval of the board. It shall he llic duty of said board to e.xaniine and jiass upon all dcsijiiis for brakes stdimitted to it by any striH't railway comi>aiiy, ami to ;;ive a written certiticaie to such company of the ap|iroval or disapproval of such desi;;ii by said board. After the approval by said board of a particular kind of brake, there shall be allowed to such person or corporation operatinj; such ears, the space of sixty days to eipiip the cars with the kind of brakes so apjiroved; after whieli time any person, curiioratioii or employee operating any street car. contrary to the provisions hereof, shall be deemed j;uilty of a misdemeanor and ujion conviction thereof in the INdice Court of the City of Saint Louis, shall be fined not less than one hundred dollars, nor more than five hundred (hdlars, for each and every oll'ense, and every day's violation of this ju-ovisiou shall constitute a separate otfense. The said board shall approve only of such desi<;ns of brakes that are more elTective in ipiicl; slop](inf: of cars, and conducive to the jjeaiest safety to the ]>nblic. (Ord. 2(>(;.":!, s(>c. L) See. 1S78. Revocation of ai)pro\al iio(i<'«>— new brakes revi- ously approveil, is inetVective or unsuitable as a device for the quick stop- pin}; of cars, it nmy cancel and revoke the certificate of ai)j>roval thereto- fore issued by it. Upon such cancellation or revoroved hrake after the lajise of sixty days from the s(>rvice of notice of cancellation of its ajiproval. as aforesaid, shall 1m^ deemed guilty of a misdeme.iiior, and upon <'oiiviction in a I'olice Court shall be lined not less than one hundred dollars nnr more than live hundred dollars for e.-ich and every otfense, and every day's violation of this ju-ovision shall constitute a separate offense. i/h.. sec. 2.) If any company shall use on any of its cars any brake which has be- coni(> broken, dilapidated or inetTective by reason of lack of repair for more than one round trip, although such brake may be of a pattern or design aji- prov<>d by the Moard of Public Improvements, sm-h <-omiiany shall be deemed g!iilty of a misdem(>anor and tipon conviction thereof shall be liable to rlie jK'ualties above provided, illi.. sec. ;?. i Sec. IST'.t. Kails— ;;aiig:e, -.hapc nr w i«lfli. .\ll street railroails shall be I'litistructed and reconstrm-ted with tracks of iron or steel rails, the head or tread tlanges of which shall Im- laid and m.iintained on the grade of 960 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 23. the streets as near as practicable, through which the line of rail forming a track passes. The grade of the street shall be determined by the street commissioner. The inner sides or edges of the head or tread flange of the rails forming a track at the point where they join the lower flange shall be four feet ten inches apart and no more. The rails shall be five inches in width. The lower flange of the rail shall be in the inside of the head or tread flange, and shall be level or witliin one-sixteenth of an inch of level on the ui>i)er surface and extend not less than two and one-half inches from tlie inside of tlie head or I read tlangv so as to accommodate ordinary ve- hicles of four feet and ten inches outside gauge. The head or tread flange of the rails shall have a surface of not less than two inches wide and not more than one and one-tenth of an inch above the lower flange measured from the top of the head or tread flange. Each rail shall be made so that the inside of the head or tread flange and the up])er surface of the lower flange shall form an obtuse angle of ninety-five degrees. No rail shall have any flange, rib or other contrivance outside of the heart or tread flange that would prevent the jjaving of the street up to and level with the surface head or tread of the rail; provided, however, that there may be a groove of not more than one-half of one inch in depth and one-half of one inch in width at the junction of the inside flange with the head or tread flange. The board of public improvements may appi'ove for use a pattern of rail, of which the flat portion of the inner flange shall be on a level with the head or tread flange; the head or tread flange and the level part of the inner flange being separated by a groove or channel for the wheel flanges. All curves when laid shall be of the "U" or gutter pattern, or such other im- proved pattern as mav be approved by the board of public improvements. (M. C, sec. 1768.) See Charter, Art. X. sec. 4. Sec. 1880. Penalty. — Any failure, refusal or neglect of any street railroad comj)any or corjioration or any oflicer thereof to comjily with the provisions of section 187'J, shall be deemed a misdemeanor, and ui)ou con- viction of said comi)any, or corporation or officer thereof, he or it shall be fined not less than fifty dollars nor more than five hundred dollars for each and every i"ail so laid by said comi)any not in compliance with the provisions of this and the next jireceding section. ( M. C, sec. 1869.) Sec. 1881. Tracks — how constructed and reconstructed — pen- alty. — Whenever, by aulhority of an ordinance of the city, the carriageway of any street upon which one or more railway tracks are laid, is to be con- structed or reconstructed, the street commissioner shall notify the railroad company whose track is laid on such street, to construct or reconstruct in like manner, and with the same kind of material as specified in said ordi- nance, the space between the rails and the space between the tracks where there is a double track nv more, and twelve inches outside of each rail; pro- vided, however, that a better niatei-ial may be used between the rail, if ap- jiroved liy tlie stre(>t conimissioner. and said work shall be executed and i-oni- [ileted as rapidly as the street improv(>inent is executed and coni]ilete(l. A failuT-e to observe this section shall, as to each block or part of block of the street improved, constit^lte a separate otfense, and the person, corporation, company, copartnership, or president, superintendent or manager thereof otfeiiding, shall, on conviction, be deemed guilty of a misdemeanor, and be fined not less than five dollars nor more than five hundred dollars for each ofleuse. ( M. 0., sec. 1770.) Sec. 1882. Streets— l>etwe<'n rails and tracks to be kept in repair. — All street railroad companies shall keep in repair the space be- — r AltT. VI I OK STREKT CAUS ANI> STltKIOT ItAll.WAYS. 9HI iwccii lli(> rails and llic space Ih-Iwcimi iIic Iracks wlicrc llii'ic is a ilouble track or mure and I\\(d\i' inches onlside iiT eacli outside rail. Said rejiainj shall l)e made and iiiainlained with such nialerial as (ho sti'eet is |)aved with; jiroxided, however, that a lietter material ma.\- l)e iise24; St. Louis vs. Mo. Ry.. 87 Mo, 151. As to authority to pass such ordinances generally, see Spring- field vs. Ry.. GO Mo. App. nil. See. 1883. IN'iialty. — .Vny jiersoii, corporation. comii:niy or < opart- nershiii. or the presiilent, superinli'iideiit or maii;i};ei' thereof, violalinj; or failing to comply with any of the l'ore<;oiuji provisions of this artich-, ex- cept as otherwise provided for, shall be deemed fiuilty of a misdemeanor, and upon conviction thereof, be lined not less than live nor more th;in live hundred dollars. (M. (,'., sec. 1172.) Sec. 1884. Hailway foiupanio.s — liability <»!' — v\ty iiol liabh'. - The City of St. Louis shall not be held liable lo any railway ciuupauy or individuals for any damage resullin}; from the breakin-; of any sewer, or any water or };as pii)es, or from any delay iu the transportation ol per sons that may be caused thereby, or from delays or damafres caused by tire or otherwise; bill any such railway com|iaii.\ or indi\idu;ils shall be liable for any loss or injury that any person may sustain by reason of any carelessness, neoleci or misconduct of their servants or a-^ents in the man- agement, construct inn or use of ilicir ii:irK or oknkhal ordin.xn'cks. [Chap. 23. Sci-. 1888. Cars — eiititiod to preference on traeks.— Xothinj; cont.aiiied in the next jji-eccdiny; two sections shall be construed as in anv manner interfering with the rights of ])assenger cars upon such track, or as entitling any veliicle to any track in jirefei-ence to any such car, without regai'd to tlie direction. (M. C, sec. 1777.) As to the respective rights of street cars and other vehicles, see Gates vs. Street Ry., 16S Mo. 535. 544. et scq-: Latson vs. Transit Co.. 192 Mo. 449, 457 and cases cited; Winters vs. Ry., 99 Mo. 509; Moore vs. Rapid Transit. 126 Mo. 265: Conrad Grocer Co. vs. St. L. & M. R. Ry.. 89 Mo. App. .191: Klockenbrink vs Ry.. 172 Mo. 678; Linder vs. Transit Co.. 103 Mo. App. 574; Degel vs. Transit Co., 101 Mo. App. 56. (As to paramount right of Healtii Department ambulances, see ord. 2306S. enacted afti-r the R. C.) See. 1889. Periodieal reports from street railways — what to eontain— penalty for failure. — li shall be the duly of each and all of the street railroad companies in the City of St. Louis to report, under oath, to the City Eegister, between the first and fifteenth days of the months of April, July, October and January of each year, by their president, secrc tary or superintendent, the number of ti'ijis made, the distance in milis traversed thereby, the number of passengers carried over the road of which the person making the report is an officer, the number of cars oiierated. and the number of revenue or i)ay jiassengers carried on each car respect ively, during the preceding three months ending on the last day of the months of March. June, Seittember and December; and any street railway company failing to make the report required by this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than five nor more than five hundred dollars, and every day that the said report remains delinquent shall 1r' considered a sejiarate offense. (Ord. 2111.3. sec. 1778.) Provisions of this kind are authorized under the C'liart*r; St. I.ouis vs. K^il- war. 89 Mo. 44, affirmini; 1. e. 14 Mii Src- tiou IS'Jl shall liavi- fori'i' aiiii ami as to siicli stivct riiilftiads aiui strt'«'t railroad roiii|iaiiii's as inav lik' willi llic <'it_v Kci^istfr a wrillcn ai'ci'litancc of sections IS!tl, IMtL' anil IS!!."!, as an aincndnicnt lo iln'ir re- s|><-('ti\r iliaitcis. ( M. ( ".. sec. l7N.'t. I Sii-. IS'.ci. Fare ii(»t to h«> incr4>as«Ml — ri'ri<;lit tralli*', <'(<'., i»ro- lliltiti*wf rity lo i-iu down fiii->-.-< mulfi- iliartiT confcrrliiK l<>s» mi- thorlty on tlio city: Detroit vs. Detroit Cltlxi'ns Ity.. 184 U. S. 368; San Antonio vs. AllK<-lt. -"O I'. S. 304. 30!*: C"l.'Vi-lioiil vs. ICIiolrlo Hy., 201 U. S. G29; Cl.-v.'luml vs. Kl.rtrU- Ry.. 13^ !T. S. 517. Sec. l.s!U. Trafks^wlu'ii may Ik' ti.Nftt l»y otluT than o|>«>i-at- Iri}; . Pr to oiisa4ioii \\hen any stn-el railrnad compaii.v sIkiII desire In ojieralc :i line of street cars o\er ihe track of any other street railroad lompany. or jiart thereof, as |irovided in section 1S!I4 of this article. |and{ an a<;reement caiinol he had iM'tween such companies as tti tlie compensation to he pair sliall forlhwilli ;;ive notice to Ihe conimi.'*- sioners so appointed of tlieir a|ipoinlment. and shall turn over to them all papers in liis possession, relatiiii; lo the matter in controversy, and in ca.se of v.'icancy in such hoard of commissioners, caused hy death or refusal to .mTve of any of .said commissioners, or for any other cause whatever. Ihe mayor sliall appoint a commissioner to till such ^■acancy. .Ml the cominiH- 964 KKVISIOD CODE OR OKXRRAL ORDINANCES. [CHAP. 23. eioners provided for under ilic pidvisions of this section shall be freeholders, residents of the city, and shall not he interested in any manner as stock- holders, hondholders. lienliohlers. or otficers or employe's of either of the street railway companies in (pieslion. When ai)])ointed. said commissioners shall ])roceed to determine the coniiiensafion to he jiaid and The time and manner of its ])aymen( ; ])ro\ided, that in case one or more street i-ailroad conijianies shall lliei-eafler lie authorized to ojierate, and do cause to he op- erated, a line of street railioad ears u](on said track, the compensation ])aid 1)V the company or com|ianies already occiipyin}>' said track may, u|)on Mp]il- cation of (>ither of said comjianies to the mayor, he revised and readjusted by a commission of three disinterested freeholders, chosen and ajjpointed in the manner herein iirescrihed. And either party may apply for a readjust- ment of the terms of compensation once in each jieriod of two years, to be delermini'd as herein prescrilied. ( JI. (\, sec. 17S(!.) See not<> to .sec. 6 of Art. X of Cliarti-r. Tliese and tlie following ordinance sections on the same subject are construed and uplieUl in tlie following: cases: Grand Ave. Ry. vs. Lindell Ry., 148 Mo. 637; Grand Ave. Ry. vs. Citizens Ry., 148 Mo. 665; Union Dep. Ry. Co. as. Southern El. Ry., 105 Mo. 562; Railway Co. vs. Railway Co.. 132 Mo. 34. These cases are more fully set out in the said note to sec. 6 of Art. X of the Charter. Sec. 1S96. Qualification of coiiiiiiissioners — proceodinjfs — lK>wers and duties—report — compensation. — The said commis- sioners, before jtroceedino- to hear any testimony, shall take and subscribe an oath before some officer duly authorized to administer an oath, that they possess all the (iiialilictitions required in the next preceding section, and that they will faithfully and fairly hear and examine the nuitter in contro- versy, and make a just tiward to tlie best of their understandinsi'. which oath shall be filed and returned with the award. They slnill meet together and \iew the track or jiarts of track jirojiosed to be used by the company making the ai)])lic;ition, and shall hear testimony of witnesses, and the jiroofs and jiUegations of the parties to the proceedings, as to the value of said tracks and as to the compensation to be paid to the company whose track is to be used, and such damages as the commissioners may deem just, and npon the close of the testimony shtill, without unnecessary dehty, make a report in writing of their decision and award, which report shall be signed by them or a majority of them, and addressed and delivered to the mayor forthwith tipon its completion: such commissioners shall be entitled to ten dollars each jier day for their expenses and services for the tirst ten days they are actually engaged in ]ierforming their duties, and one dollar for each suc- ceeding day actually employed thereafter, to be paid by the company making the application, (M. C„ sec, 1787,) Sec. 1897. Procedure on report of coniniissioner.s — bond — payment of indemnity. — On the recejitiou of said report of the commis- sioners by the mayor, he shall tile the same, together with the origimil appli- cation iind all ])a])ers |iertainiiig to the ]>roceedings, with the city i-egister, and shall imniediately notify the jiarties of the decision of the commission- ers, and of the tiling of their report, and lhereiii)on, and on ])aynient by the company making the ai)i)lication of the amount of the comjiensation award- ed ill said report, or after jiaying the same into the circuit court for the comiiany whose track it is ]>ro]iosed to use, and U]ion jiayment of the costs and ex])enses of the commissioners, and ii]ioii filing with the city register a bond in the sum of twenty Ihousaiul dollars, with two good and sufticient securities, owners of unincumbered real estate in the citv. which bond shall AllT \1 I OK STUKKT CAUS ANI> STKinrr RAILWAYS. giij Ik- ;ii>pn)V('il l>y the mayor and coiiiii-il; said lioiid shall l)t> ('(iiiditioiicd Idr till" jiaviiiiMils t(i till' coinpaiiv wliusc track or Irai-ks art' to Ik; used, of sucli additiimal i oiriiK-iisatioiis as may lie ordered to be paid hy the eireiiit court oil any proceedinj; therein as pro\'ided in seetion ISitS; the first named eom- puny shall \>v entitled without further delay to enter ujioii and run its cars over the track or part or parts of the track mentioned and descriiicd in (he report of such commissioners. t.M. ('., sec. 17!!>.S.) Sec. lS!t8. .Vppoal |)ro\ isioii lor aiul proctMluir. r|i,iii ijie filing of such rejiort of said commissioners, the rej^ister shall (lul\ iiodfy l>otli parties to the contrin-ersy of llie liliiif; thereof, and eillier |iail.\ Id such controversy may. :ii any liiiir within ten days after the service of such notice as aforesaid, appeal lo llie circuit court of the Cily of SI. Louis for a review of the report of said commissioners. Iiy lilinj; with th(> clerk of said court written exceidions to said reixu-l. and serving; a cojiy of said cvce)!- tiou upon the ojiposito |parly, tonclher with notice of the time of lilinipient proceedings siiall alfei't only the amount of compensation to be paid :nid the manner and time of payment. (M. C, sec. 1781). ) Seo cases rltorl. supra. In note to Rev. Code. sec. 1S95. Sec. 1000. Surr«'ii«lor <»f fraii«-liis(> — liow :iii sprinkh' (rafks. In order to promote and pifserve the public health, and as a police regulation, all street railway companies or persons or corporations owning or operating street railway cars ujion the streets, avenues, highways or imblic places of this !)(j(i RiiviSKU cuiJi'; oi: gi;n'i:rai> oruinancks. ichap. -h. (•i(,v shall, fruiii and alter ninety da.vs al'ici- tlie approval ol' this ordinance, foi' liic i)nr])ose of laying the diisl \vlii(!h may he created by the nioveiuent of said cai-s, spi-inkle with water snch portions of the streets, avennes, high- ways or other public jdaces occupied by them with their tracks and the space or the spaces between such tracks. Said sprinkling shall be done be- tween the lionrs of o'clock in the morning and !( o'clock in the evening of each and every day of the year, except on such days or parts of days us the dust shall lie laid by dampness, rain, snow or other natural causes, ,'ind ex- - prove same. — The sprinkling above jtrovideti for shall be done by means of an apiiaratus or device ()laced u])on railway trucks and so constructed as to be run and oj)erated over the tracks of such i-ailway company, person or cor|ioration as may own the same or operate cars thereou, and said sjtrink- ling shall be done by such companies, ])erson8, or coriioratioiis at their own expense. The device or ajjparatus and the design and plan of such sprink- ling <-ar shall be first submitted to the IJoard of Public Improvements for its a|»proval before any such sprinkling car. apjiaratus or device is jiut into ojiei-ation. {Ih.. sees, l! and :!. i Sec. 1!)08 8aiiie — penalty for failure to .Hprinkie Any per- son, persons, firm, company or <-orporation failing to comply with the fore- going two sections shall he fined not less than ten dollars nor more than five hundred dollars for each oflen.se, and each day's failure to sprinkle as is herein recpiired shall constitute :\n addiiiomil and separate otTense under this ordinance. ( Ih.. sec. 4. ) CHAPTER 24. PUBLIC IMPIIOVKMKNTS, O KP.ARTMENT OF. ART. T. Of Ijoard of pul>lic irtiprovHiiients. II. Of pre.sident of boar^i of pul)lic iniprovenieTits. III. Of street coninii.ssioner. - IV. Of sewer commissioner V. Of water commissioner. VI. Of liarbor anO wliarf coniMiissioner. VII. Of park commissioner. VIII. Of regulations concerning the advertising of pui)Iic improvements and tlie awarding of contracts IX. < »f salaries and bonds of members of the board of public improve- ments and tlieir employes. ARTICLE I. OF HOARD OV PUBLIC IMPROVEMENTS' Sec. li)04. Regular lueetinjjs.— The board of public improvements, as constituted l)y the charter, shall meet at least once in each week at its office, on such day and hour as it may determine, to consider and take under advisement such business as may come before it. iM. <'.. sec. t7!ti.) See Charter. .\rt. IV. sec. 33 and notes. •See Charter. Art. IV, sees. 33-42. and Art. VI. and annotations. .MtT. I.) OK I'l'lU.K' I.M I'lti >V KM lONTS. i)(-,7 See. 1!)05. S|MMMill IIUM't liir4>si«I(>Il(. — The president luav ;il ;iii.\ liiiif i;ill special iiieetiiij;.s of llie hoard liv writ ten notiee delivered to or left at the office of each coiiiiiiissioiier not less than twenty-four honrs liefore the time of such nieetiiij;; such notice shall s|M'cily the hiisincss lor the consideration or transaction of which the meet ili^' isCallcd. I M. ( '.. sec. ITilli.) Sec. 1906. W'lioii sptM-iiil iiH'efiiifrs may Ix'eiilhMl by s<'<'r«'(ary. .Vny two or more comriiis.sioncrs may rccpicsl I he prcsidcni lo call a spc cial meelin^c of the hoard, and in the event of his refusal or neglect to do so, when so reijuestcd. the secretary of the hoard. u|>oii a r(!<|uesl addressed to liiin and signed h,\ any two or more eoinmissioners, shall call such ineetinj;, provided that each mi'inher of the Itoard shall he iiotitied of sucli meet in;; in the manner speritied in liic last preceding: section. I.M. ('.. 17'.i:'..i Sec. 11107. Sperial lueotinjr in «'ast' of inability of prr.ni- «I«'nf. — In case of sickness, ahseiice from th<' city or other inahiiity lo act lit" the president of the hoard, the secretary shall, as soon as the fact comes lo his know ledi^e. call a speiial meeiiiii; of the hoard. ( .M. ('., sec. 171)4.) Sec. I'.iO!^. SanH' — «'ltM'ti<»n of pre.si«leiit pro teni. — powers. — .\t such special el in;; the commissioners shall elect one of their niimher president pro tern., who. when so elected, shall have full authority to ai-t for and shall perform all the duties of the presie<-n officially notilied to that elVect hy the ]*resident or I'resident \ivo tein. of the ISoard, hut such representative shall in no case have a vote in tlie Hoard or re<'eive any additional compensation for the |>erformanee of any duly or service, viz.: I'or the Street Commissioner, tlie Assistant Street • 'ommissioner ; for tlie Water Commissioner, the Assistant Water Commis- sioner: for the Sewer Commissioner. tht» Assistant Sewer ('(uiimissioner ; for ilie Ilarhor and Wharf Commissioner, the Assistant Harhor and Wharf Coinmissioiier ; for the Park Commissioner, the Cciieial Su|MTiiiieni|ciii . ifinl. L'L'IKli.', amending; .M. C.. sec. 171)0. 1 Sfo Art. IV. sec. 33 of Charter: Construction Co. vs. Loevy. 64 Mo. App. 430. I3.T. beforr tin- anii-M(lnu>nt of this section. (Sec tills case In Sup. Ct.. 1T9 Mo. 4.15. without (ll.scusslon on this point.) See. 1!»1() IJ\-!m\\-« an ami le^rulations of its order of Imsiness. and, its own ;,'overii- Mient. not iiiconsisieiii with the city charter or ordinances, as it may deem expedient, which shall he duly eiilered of record and printed in |iamplilet foi-m. I M. ( '.. sec. 1 7!)7. i St-e. l!)ll. Sc :iii(l Ixnul. — The presideiii of the Uiartl of pnhlic inipi'o\emeiits shall, with the apju'oval of said hoard, ap point a .secretary of saiil hoard, who shall leceiM- a salary'of twenty-Hve hiinclred dollars per annum, and shall tile a hond in the sum of live thonsund dollars. I M. C. sec. 17'.)S.) 968 REVISKD CODE OR GENERAL ORDINANCES. [CHAP. 24, Sec. 1912. Duties of secretary.— Tlie secretary of tlie board shall keep iu suitable liooks a record of the jtroceediugis of all meetings of said board, and the same shall be kept fully indexed; also a record of all their acts and orders, and shall cause to be safely and jiroperly kept and filed all petitions, documents and papers belonftiug to the board, or that may be re- ferred to it. He shall also prepare an abstract of the i)roceedings of the board, to be published in the papers doing the city printing and shall also have them printed in jiamphlet form, from same tyi)e as in the newspapers, similar to the journal of the jiroceedings of the municipal assembly. (M. C, sec. 1T!)"J.) The keeping of a record of its proceedings by the board is not expressly di- rected by tlie Cliarter. but it is necessarily implied by the importance of the functions exercised; such record is admissible to show the actions of the board, but the finding of fact by the board on a .iurisdictional matter is not conclu- sive: Bambrick Co. vs. Geist. 37 JIo. App. 509 loc. cit. ".13. Sec. 1913. General duties of board of pnbln'iniprovenients. The duties of said Hoard shall be: First — To furnisli, (lirough its President, to the ;N[ayor, the Municipal Asseiidily, m- either bianrh thereof, such data and information as may be required, or which il may from time to time deem necessary to impart. Second — To jirepare, consider and recommend to the Municipal As- sembly all ordinances re(iuired for the establishment of the opening, loca- tion and graduation of streets, avenues, alleys, highways and public places, other than parks, and the con.struction of crosswalks; the establishment and opening of boulevards, or changing of existing streets into boulevards, fixing the width of such boulevards, the manner of laying out and imjtroving the same, the regulation (if traffic thereon, or the exilusion of heavy driving thereon or any kind of vehicle therefrom; the exclusion of any business house or the carrying on of any business vocation on any property fronting on such boulevard; the establishment of a building line to which all buildings, fences or other structures shall conform; also the grading, improving, con- structing, reconstructing, maintaining, cleaning and sprinkling of such boulevard, and the ]>lantiiig of trees, slirubbery and other things of that na- ture and description thereon, and for the improving, constructing, recon- struction, I'epairing, cleaning, s]ninkliiig and lighiing of streets, avenues, highways, alleys and public jilaces; for the construction, repairing and cleaning of public, district and joint district sewers, and for the establish- ment of sewer districts and joint sewer districts and the extension of the sewerage system of the city into the extended limits; for the laying of water pilies ; the extension, repairs or reconstruction of the watt>r works; for the improvement, jirotection, repairing and cleaning of the levees, wharf and hai-bor; for the improvement and maintenance of the jiultlic parks, and for the erection, extension and repairs of public buildings. Third — To recommend to the Municipal Assembly ordinances estab- lishing regulations for making connections with sewers, water, gas, heating, refrigerating or other pipes; and the stringing or installing of electric wires, conductors or apparatus, and their maintenance; also, the excava- tions for and the laying of all water, gas, heating, refrigerating or other l)ipes and conduits for electric wires or conductors and for the erection of poles for electric wires or conductors in the jmblic streets and alleys; and for all excavations made by private jiarties in i)ublic highways. Fourth — To advertise and let all jiuiilic works ordered by the city, and to prescribe all needful rules and forms to govern such lettings and to make ART. I 1 OF noAitn OK iTiu.ic i.Mi-i;i )Vi:.M i:nts. ggg CKiifracls. ;i;;n'('iiu'iits iiiitl s|i('(iiiial inns for ilii' same, in siicli niaiiix-r as iiia.v l>f rc(|nircil 1a- ni'diiiaiiic ami siilijcct In tlic a|i|>i'ii\'al of tlio Coiiiiuil. Fifth — To prosorvi' and ki'cji on t'xliil)iiinii in i(s ol'iicc a f;eni'ral plan of llif city as established liy the .\sseiiilil\ . slmwini; ilic lucation and j;rad- nation of streets and aHj'ys as tar as the same lias lieen estalilished Uy ordi- name and to enddi-se, tliron^di its ]iresident, on all jilals of new streets, alleys, hi},'li\\ays or jnildic ;4roiinds iirojiosed to lie dedicated, donated or jjranled lo ihe pnhlic nse which may lie sulmiitled to the Hoard thai the same is in accordance witli tlie general jilan aforesaid, it ilie fact he ho. (Ord. 2(l."i4l», anieuding M. C, sec. ISUD.) AniondPd to conform to Ctmrtcr amondmcnts. S(-o rii.Trtm- IV. sec. 33. Sec. i;il4. ( jiMiiiiiii — liiial iictioii — al».st'ii<*«'— iiotic*'. .V major- ity of said hoard shall form a (|iiornni for the transaction of hnsiness, hut IK) linal action shall he taken on any matter coiicernin}; tlu' special de[iart- iiient of any absent coinniissioner. nnle.ss this business has been made the Kj)ccial order of the day and prcvions written notice haviii}; been given to such coinniissioner. I Si. C. sec. ISOl.i See Charter, Art. IV. sec. 33; Construction Co. vs. I.oevy, Gl Mo. App. 130, 433. See. 1!)1,"). WluMi vole by y<'as and nays r«M|iiir(Ml. — I'pon all nblie work or of snch that in any manner invcdves the expt>n!02.) Sec. lOltl. >l<'nil>«'rs r<'s])(>nsilil(' foi* a«'(s of employes.— Ka
  • v the acts of ail il niplo\es of his particular depariiiieiil. i.M. ('.. sec. l.M(3.) See Chart.. .\rt. IV. soc. 31. So-. I'.tlT. I'lans of tletlieations — approval — wliat plans to contain, «'(<*. --.Ml ]dans of snbdi\ isions. atldiiions. of ]iartitions. ron- tainiiig dcdi])ening is incomplete. lOrd. L'0ri4!l. amending M. C, sec. 1804.1 Sf»' Churtt-r. Art. VI. scr. 1. and notes thereto. But approval of .«*iich a plat filed In pursuance of a statutory provision, as belner In conformity with the gen- crol plan of the city. Is not an acceptance, of a proposed dedicated street there- on, by the city as a street: Pownend vs. Kansas Cltv. l.it". Mo. SO. 67. Sec. I!t1,'<. I'r(ie)'(liii'<- anil proceedinjjs foi- proposeil street tn" alle\ iniprov eineni ■> how comliicted renioiistranees — prepara- tion of ordiiianee i>_v boaitl repair of -.1 reelx. — Ihe Itoanl of riilili<- 970 IlKVISi:!) CODK Olt OKNKRAL ORDIN'ANCH.S. [CIIAI". 24. I lllI)^<>V('lueIlt^^, (if its own motion, may, and upon tlie ]iftition of any i-c]nitaljl(* freeholder of jn-operty on any street, avenue, lioulevard, alley or imblic highway shall, desijinate a day on whieh It will hold a public meeting to consider the iniproveuieut of any designated streets, avenues, boulevards, alleys or ])ublic highways, and shall give two weeks' public no- tice in the papers doing the city printiiig of the time, place and matter to be considered, stating in such notice the kind of material and manner of ronstruction proposed to be used Uiv the wearing surface of such improve- ment, naming in such notice more than one kind of material or manner of construction, if the boai-d deems it advisable so to do. and also th(> class of specifications and plan for such work, which specification and plan shall be ajiproved by said board and filed in its office. If within fifteen days after such public meeting the owners of a major part of tlie area of the land tax- able for such imjirovement shall tile in the office of the board their written rt'iiionstrance against the jirojioscd improvement, or against the material or manner thereof, the board shall consider such i-emoustrance and if the board shall l)y a twothii'ds vote at a regular meeting ajiprove of the improvement, material or manner remonstrated against, they shall cause an ordinance for the .same to be prepared and report [ed| the same with the reasons for their action and with the remonstrance, to the Municipal As.sembly. If such ma- jority fail to remonstrate within fifteen days after such public meeting, or shall jietition the boai'd for the improvement, the boai'd may. by a majority \'ote. approve the same, and shall theienjion cause an ordinance to be pre- pared and rejiorted to the assendily therefor. In all ca.ses the l)oard may inclu(l(> in .such ordinance a provision that the work and material must be guaranteed and kept in repair by the contractor doing the work for a term of vciu-s to be sjiecihed in such oi'dinance. (Ord. '_'(l.")4'.l. amending M. ('., sec'. ISO.^).) A contract guarantee to maintain a street in repair for five years means tliat the work is sufficiently good to last that length of time when the street is used for ordinary street purposes: Asphalt Co. vs. St. Louis. ISS Mo. 576: Barbar Asp. Co. vs. Ulman, 137 Mo. 54:>: Bank vs. Woesten. 14 1 Mo. 478; Barber Asp. Co. vs. Hez?l. l.To Mo. 391: St. I-. Quarry Co. vs. Frost. 90 Mo. App. B87. Such provision Is authorized by Art. VI, sees. 14. l.") of Charter. See notes of cases to that sec- tion, on ihis subject; also as to remonstrances, etc. Sec. 1919. OrtliiiaiM-es advined by hoaril, to contain wliat — contracts for neces.sary work or repair. — All ordinances reconi- m(>nded by said board shall specify the character of the work, its extent, the material to be used, the manner and general regulations under which it shall be executed, and the fund out of which it shall be jiaid. and shall he indor.sed with the estimate of the cost thereof said indorsement to be signed by the president of the board; provided that no improvement or repaii's shall be ordered uj)on any future street, alley or highway, which shall not have been opened, dedicated or established and grades fixed according to the ])rovlsions of the charter and law; [and provided, further, that nothing in this article shall be so construed as to prevent the board of ]iublic imjirove- mcrils, through the president thei-eof. from annually letting and enlcring into of Art. VI of the Charter. Ain- 1. 1 Ml- nOAnn OF ITIM.n- IMIKi u i:.\ii:n i > ((71 Sr.- IML'O < )i-(linaiH-<- to «-oii(:iiii sprcifi*- appropriiit ion — 4-stiiiiiit<' oT <-os( (o Im' iiiilorscd - «>\c«'ptioiis. i;\ciy nnliiiarn r re (|ut-iii>; work In Ih> iloiii! sliall cunniiii :i spt'cilM' .'i|i|)i'ii rrnin tlic liropcr rcvt'riiu' fund for smli [lari llicrcur ns iiimv In- |i:i,\;ilili' liy llii' cit.v, l»as<'il upon an cstiinah' ul' cdsi lo Im' rnilorsiil li\ ilif iiii'sidciit of llic Itoanl of |iiililii' iiii|ircivciiicn(s in said iircd the amount of nioncy Ilit-n in tin- city Irt-asiii'y and a\ailaiilc for sufli piirjiosf. the ordinance may provide for tin- whole woi-k, and shall prescrilM- ilial it shall lie contracted lor and dtine in sections or parts, as tlie Aliinicipal .\sseriil)ly shall, from time to time, apjiropriale money to ]iay for the same, itiil in all such cases the work to he done in sections or jiarts shall lie liiu- iled to the amount a|ipi-o|iriated for the doinjr of such sections or (larls. and in this manner Ihe work specitied shall nliiiiiaicl\ lie conipleicd. i<)i'il. ■_'ll.")4!l. amendinj; .\|. <'.. sec. ISdT.i S»'i' Chiirl*-r \'l. .<<*'c. l.'i. niiii as to .miiitIHo uppi'Dprliitlun, si*»' I'liarli-r. .\rt. VI. .•*fi\ 2H anil lintf; .\rt. \". s*'c. 10 vl si*<|. Sic. I'.t21. ('on(liti<»ns of coiitriu-t for piihli*- work. — I'.vcry (•oiitract for jiulilic wmk shall contain a clau.sc to ilic cl!Vcl that it is siili jeot to the [u-ovisions of the cliarter. that tlie aj;};re<;iite payments shall lie limited by the amount of the special apj)ropriatioii, and that on ten days' notice tlie work under said contract may. without cost to or claim against the ("ity of St. Louis, lie sus|ieiided by the board of public iniiirovements, with Ihe approval of the mayor, for want of means or other substantial cause. (M. C. sec. ISOS.) .V.M to rcrtaln I'onclltlonM to In- iii.mM-lnl jn :ill t*oiiii-:u-ts in which llic rltv Is a party, see R. C. sec. 270. Ordinance 1S960. approved April 7. 1H97. proviilcil that all oriMiiaiiccs and contracts for public work Involving tlic use of dr>'sseil rock, jrrnnlte or stone .should stipulate that the work of dressluK should be dune In Missouri: this pro- vision was held void In St. Louis ynarr.v Co. vs. Von Verscn. Nl Mo. App. .">19. an»l was omitted from the Mun. Code 1901. and was perhaps thereby rejcarded as repealed; and Is disregarded by the municipal authorities; but Its validity when embodied In the contract seems to be recognized In the later case In the Su- preme t'oiirt of .\lli-n vs. Ijibsap. ISS Mo. 692. B9S. .\nd so In St. I,ouls yuaro' Co. vs. Frost. 90 Mo. App. 677, 689. It Is held that a tax bill Is not avoided by Insertion of the requirements of that ordinance unless It Is shown to have re- sulted In restrlctinK the biddlnK .so as to incr-'ase tlw jirli-^-. .»>ee note to Char- ter. Art. VI, sees. 27 and 2S. Si'i-. 1922 ((iiiiplaiiil^ :i*;aiiist (h'frct i \ c cliaiiKlfr of \\oiU iM'iny (Ioii«>— (liit.\ of lioaril in sucli <-iis«'. .\iiy citizen ;iiid la.v p;iM'i' of the I'ilN of .' fiiriiish(>d or done; and saitl lioard shall entertain and examine inlr> such romplaini, and may appoint two or more members of said boaril III examine ami report on said work, am! after such examination or after considi-rini^ report of the commissioners so appointed, the board shall make >ncli order in ihe pn-mises as shall be Just ami reasonable and in accord- ;inci' with « hat the |iublic interest stH'ins to ileiii;inil. and such dec-ision of the iMiard shall Ih- bindin;: on all parties. lOrd. "_'ti.">J'.i. amendiiio M. <"., see. 1 S09. ) S«'c». 1922-1932 accordlnic to Charter. Art VI. sec. !S (lost clause). See same and reference In note thereto. 972 REVISED CODE Oil GENERAL ORDINAXCES. [CHAP. 24. Spc. T92:1 Same — cost of examination. — Tlip eiitin' i-ost of mak- ing the cxaiuination. infludiiig the taking of testimony, wlien necessary, ex- amining the work, testing llie material and of replacing work disturbed in the examination shall be borne by the contractor if the comiilaint is decided to be well founded, or by the complainant if found to be groundless. (M. C, sec. 1810.) Sec. 1924. Same— contents of complaint Sudi c(miplaint .shall be made in writing to the pi'csident of llie lioard, shall give the full name, residence and business address of the complainant, and shall si)ecify the work complained of and general nature of the complaint and of the evi- dence to be offered. (M. C, sec. 1811.) Sec. 1925. Same — estimate of cost of consideration — deposit required,— Upon the receipt of any comjdaint tlie board of ])ublic improve- ments shall make an estimate of the cost which \\ould arisi- from considera- tion of the complaint, including that of replacing work injured by the ex- amination and the taking of testimony when necessary, and the complain- ant shall be required to deposit with the city treasurer the sum so estimated, which sum shall be a special fund, out of which shall be jiaid, upon the cer- tificate of the president of the board, the cost incurred by consideration of the complaint and of replacing the work if the complaint shall be found groundless. Any residue of the special fund shall be returned to the com- j)lainant, or the whole sum if the coniiilaint is well founded. If the com- l)lainant fails to make the irrpiired dejiosit within five days after notice of the amount required the com]iIainr may be dismissed by the board. (M. C, sec. 1812.) 8ec. 1920. Time for consideration of complaint to be fixed — testimony — Avlien «'ommissiouers to examiin' w«>rk. — When the deposit shall have been made the board at its next meeting shall con- sider, whether the complaint may be determined ujion oral or documentary testimony only, in which case the board shall tix the day and hour for re- ceiving such testimony and consideiation of the conijilaint ; but if the nature of the com])laint is such as to reijuire examinatiou of work done or material furnislied, the board shall ai)iioint two or more of its members as commis- sioners to make examinations and tests and report the facts found to the board, ^^■llen such commissioners make a re])ort the board shall fix a day and hour for the consideration of the complaint, i if. (_"., sec. 1813.) Sec. 1927. Service of notice of liearinf>". — Notice of the day and hour fixed for consideration of a complaint shall be served by mailing a notice and copy of complaint to the address given by the complainant and to the business or residence address of the contractor whose work is com- plained of. or by delivery in person. (^I. C, sec. 1814.) Sec. 1928. Contents of notice of liearinff. — Said notice shall state the day, hour and place of hearing the complaint, and be signed by the secretary of the board, and the copy of complaint shall be attested by the secretary. (M. C, sec. 1815.) Sec. 1929, Process for witnesses — deposit required. — The president of the Ijoard shall have full })ower and authority to issue all needful process for the attendance of witnesses and the production of jyapers, and subpoenas may be issued and served in like manner as provided in section 1709, provided that the party applying therefor shall deposit with the city AitT. II. 1 OK i'i:i:sii>i:nt of board ok i-iiimc improvements.- 973 trt«.sui't'i' all aiiiuiiiii ciiiial tn Iwo dullars fur i-atli witnosa as a special ruiid to pay cost (it service and atteiiilauce or witness. (M. (;., si'C. ISIO.) Sec. i;i;{0. Tlic lu'ariii;;— t«>s(iiiioii\ t<» be fjivt'ii iiiulcr oatli. - — The lioai'd shall prucced wiih ilii- licaiiiij; of (he coiiiplaiiii on Ilie day fixed as aliove provided. Tlie coiiiplainaiil and contractor sliali lie entitled to he iieard l>y hiiiiseir or hy coiinsi'l. .\ll testimony of witnesses siiall Im> ^iveli under oath, and the presideiil or |iresident pro teiii. of the i)oard iij licrehy anthori/ed to administer smh oaiii. 1 .M. C, sec. IsiT.i Sec. 1!)31. Tlu' tt> cords of the board. ( .M. ( !., sei'. ISlS.i Sec. I'JiJli. .>ia.\or to lit- ;;ivfii «'t>l».\ ol rt'ri»rsl>. - pn-inissloii t<» «'r«M*t iiia.v Im' ffivon. — The board of [lublic imiirovemenls may, when re(|uested, };rant permits for the construction of vaults under sidewalks, and for the erection of si^n-posts, and lanterns, subject to such rciiiilat ions and conditions for the same, as may be established by oiiliiiaiice. (M. C. sec. JSHO.) Sec. ly.U. \\ eifiliint:: scalfs— eoiulilioiis of <-(»iist riict ion — It shall not be lawful lor any person or persons lo consirucl scales for the weijiliin},' of liay, coal or other articles upon any jiublic street or hi};hwa.v, unless permission be }:ranted by an ordinance passed by the Municipal As- semblv, and to Im- erected under the conli-ol and to the satisfaction of the board of publie ini|>rovements. 1 M. ('., sec. ISL'l.l ARTICLE II. ok PRKSiniCNT OF PO.XRII OF Pl'r.l.l'' l.MfllOVEMENTS.* S<-c. in35. (iriMTal tliiti«'s. The pre.-Hleiii of ihe board ol jiiiblic iinproveinenis shall jireside at all iiie<'tin;,'s ol ilie board, and shall see that a correct record is kept of its proceed in;,'s. lie .■.hail have chart,'e of the eivction, alteration and repairs of i>ublic buildin;;s. of all public work for the abatement of nuisances, which may be ordered by the board of healtli, and of all other iiiiinovemcnts not especially assi{;ned to other members of the board \ ided by ordi- n.inre. ( .M. C. sec. ISl'l*. I Se<'. l!t;{ti. SiiiHTN i^ion o\«t olli»-i- «l<|iaiini«-nt.H. — He shall have a pMieral supervision over the deparlmeiils of the otiu-r members of the board, and shall inform the mayor and Municipal Assembly of any derelic- tion of duly of any eomniissioiiei-. i M. <'.. sei', ls-_':!.i Sec. r.t:>:. Miali Miaki- cmt .spt-cial lax Itiiis. vtv — lb- shall make out all 8(M'cial tax bills against pro|K'rty owners charfjeablc with r. IV, sec. 41, and annotalluna. 974 ]!i-:visKi> I'Diiic oit c,k.xI':h.\l lUiiUNANCics. [Chap. 24. sitecial taxes for work |k'1-1'oiiik'(1 or materials furnished under ordinances of the city, whicli sjiecial tax l)ills sliall lie registered by him in his office in full, and certified and delivered to the coiiiptroller and said ((iniiil roller's receipt laken therelor. 1 .M. ( '.. sec. 181i4.) .'^i-r as tci .spi'cial t.ix Mils. Cliartci-, Art. VI. sees. 24-2C and Art. IV. sec. 41. and annotations thi-rtto. Sim-. li)5S. Shall pa-is «m |)ay-rolls. — All jciy-rolls and all ar- couiils liir work dune nr materials furnished under the direction of any memlicr (il I lit' lioard ol ]iuldic inijirovements shall he submitted to the |iresid('iil of the bo.ird. who shall examine them, and if found i-orrccr. shall ccrlily tlicm to the auditor, i .M, ( ".. sec. It^L'.").) Sec. VXi'.K May appoint as^sislant, assessor and «lt'i)uty of spiU'ial taxes. — The ju-esident of the hoard of public improvements may ap|ioiiit. with the ajijiroval of the ma^or. an assistant, an assess(rr and a llars ]ier annum, and shall file a bond of three thousand dollars I.M. <'.. sec. 1828.) Sec. 194:2. Ailditional employes — salaries The president of the board of jiublic improvements is hereby authoii/.ed to apjioint, with the aji- proval of the mayor, one civil enpneer, at a salary of one hundred and sev enty-five dollars per month ; one issue clerk, to be in charge of the issue of permits and such other duties as the president may assign at a salary of one iiundied and fifty dollars per month ; one surveyor at a salary of one hun- dred dollars jier month; one stenographer, at a salary of seventy-five dollars per month; one clerk, who sliall also act as messenger, at a salary of sixty dollars per month. Tie may, with the aii]iroval of the mayor, further ap point such other clerks and draughtsmen, or other hel]). as may become nec- essary. The remuneration for their .services shall be established by ordiuan<-e. Tn adi-iiii};li(siiirn for special tax iirtiiM>ii(—(4'niir4-. ■ — Till' [iri'sidciil oT the lii>;irtl ol imlilii- iiii|)rii\cinciit.s, wilh ilic ;i|(|p|-(iv:il of the mayor, is lii'icby aiitliofi/.<>«l and oinpowiMctl (o oin|iloy Unci" diaii'.'lils- men for (iiitv iimlcr llic assessed- of special taxes, who sliall liold ollire diiriii}; tlie ideasme of the [H'esideiil of llie iiDard id' )iiililic iiii|ii'()\emeiils. and who shall Ix! paid at Ihe rate ol (uic liniidred ilnllais pel' iridtilh. i Ord. 20rir)4. ) Sic. 1044. rriviU'<;«'s, a.s to jmrposi' of iiotiii;; Ihe eliainres ol nwiiership of i-eal esiaie In ihe city, upon Ihe jdais in the (d'liiv of the piesideiit ot the hoard of puhlic ini]iroveinents. the same |)rivi!c;;es in ief;aid in all deeds and instruments in wiitiiif;. tiled in Ihe oftice of the recorder of deeds of the city, as are granted to the presid«'ni of the l)oard of assessors hy section twenty-one of article live of the charter. are hereliy firanied in Ilu' president .\i;Tli-I.i: III. / Ol" .-^TKICKT CO.M.MISSIO.NKli Sic. im."). (litMicral (liitios (Miiiiiioratcd. — 'Hn- street cuniniissionei- shali l>e tlie head of ihe siieci ile|paiiini'ni. and shall have undei- his charge the surveying, i-oiislriiclion. reconstriidion. repairing, cleaning and sprink ling of the puldic streets, alleys and places, e.\ce|iiing parks, and also tiie supervision and control of all excavations, and refilling of same, made for the laying of g;is and water i)ipes. sewers or any other iiur]iose whatever. and until the office of gas commissioner is estaldished. also the lighting ami cleaning of the jMihlic laiii|is. His duties sli.ili lie: First : To lanse to he made all siirxcys and levelmeiits and to prepare all plans and inoliles necessary to the estahlishmeiit of Ihe location and graduation of sireels, alleys and piiblir highways. Second. Whenever the .Municiital .\ssemhly shall ]>rovide hy ordinance for estahlishing. o| eiiing. widening or altering .-my street, avenue, alley, wharf, market place ur pnldii- sipiaie. or route for a sewer or water pipe, or to condemn private pr(>|ieiiy for other or dilfereiil imhlic uses than those aieady sjiecilied in this section, and it is necessary to lake ])rivate i)roj)erl.\' for the same, the street commissioner shall furnish Ihe city counselor with all necessary plats, showing Ihe projierty alfecled hy the proposed im|irove ments, and the metes and bounds and the names of the owners thereof. Third. To cause to be prepared ]>lans. estimates and s|)ecilicalions for the construction, reconstruction and reii.-iirs of streets, alleys, and public highways, and of all bridges, cnlverls and appurtenances thereto; and to sii|M-rintend the execut ion of all contracts and other work in his department, as ma_\ \»- pro\ided for by ordinance. Fourth. To preserve in his oftice all majis. plans and surveys belonging to his department, with all I'ecords. books, jiapers and other things relating theretii. Fifth. To keep full, accurate and .s\steiiiatic accounts of all ex[iendi fiires made under his supervision, properly ■"ledgefi/.ed" under appropriate heads; also, :i systematic record of all transactions lelatiM' to his depari HM'nt, with full and complete inilex to all rectwds. Sixth. To cause to be carried into effect all ordinances of the city con rerning street railroads, stre«^ts, alleys, public highways anartment. Tenth. To give the grade and lines of streets, alleys and i>ublic high- ways and public places, other than parks, to all persons apjilying therefor, and being directly interested therein, free of cost; provided, that no such grade or lines shall be given when the .same has not been legally dedicated, opened and established by ordinance. (M. (,'.. sec. 1831.) Charter, Art. IV.. sec. 3.5. For duties relating to liigliway.s see Chapter 12 of Rev. Code. The disposal of garbage was formerly under the supervision of the Health Department, but soon after the decision in State vs. Butler, 178 Mo. 272. was by ordinance conferred upon the street department: see R. C, sees. 1199 ,-t seg. (Chap. 12. Art. X, R. O As to duty concerning the work of sweeping and cleaning streets see R. C. sec. 940. See as to authority of street commissioner: Steffen vs. St. Louis, 135 Mo. 44, 49 et seq. See. 1946. Employes of department — appointment, .salaries, bonds and g:eneral dnties, — The street conunissioner may, with the ap- proval of the mayor, ajipoint the following subordinates in the street de- partment, who shall hold their respective offices during the pleasure of the sli'eet commissioner and who shall jierform the duties hereinafter specified, and such other duties as pertain to their respective positions, and such as may be re(iuired of them by the street commissioner, and they shall each receive the following salaries and give the following bonds, to wit: One secretary, who shall receive a salary of one hundred and fifty dollars j)er month and shall give a good and sufficient bond, to be approved by the mayor and council, in the sum of five thousand dollars; one jn-iucipal book- kee])er, who shall receive a salary of one hundred and fifty dollars per month, and shall give a good and sufficient bond, to be ajiin'oved by the mayor and council in the sum of twenty-five hundred dollars: one jtrincipal clei-k, who shall receive a salary of one hundred and twenty five dollars per month; two stenographers, who shall each receive a salary of ,seventyfive dollars per month; one principal draughtsman, who shall receive a salary of one hundred and fifty dollars jier month ; two draughtsmen of the first class, who shall each receive a salary of one hundred dollars ])er mouth ; two draughtsmen, who shall each receive a salary of seventy-five dollars per month; one messenger, who shall receive a salary of twenty-five dollars per month : one engineer of surveys, who shall receive a salary of one hundi'ed and fifty dollars per month, and shall give a good and sufficient bond, to be api)roved by the mayor and council, in the s\im of five thousand dollars; two surveyors, who shall each receive a salary of one hundred dollars per month ; one first-class draughtsman on grades and surveys, who shall re- cei\e a salary of one hundred dollars per month; one first deputy street conunissioner, who shall be a competent bi'idge engineer, and under the di- rection and conti'ol of the street conunissioner, shall have charge, control A1:T 111.1 OI- STIIKICT COMMISSION KH. i)77 aud sujierviNidii of the erection, constnictiou and inaiiiii'iiance of all street Itridjies and culverts in the (.'ity of St. Louis, and who shall have liecn a resident of the City of St. I.ouis foi- al least two years pi-Jor to his appoint- nient, and shall possess all the (|naliticai ions prescribed hy the charter of the city for appointed otticers. ami who shall receive a salary of two hnndird aud ei^ht dollars ami thirty three cents per month, aud shall },'i\e a f;ood aud sufticient homl. to he apjiroved hy the mayor and sum 4if ten thousand dollars: one district enjriueer of brid};e department, who shall receive a salary of one hniidred and twenty-live dollars per month, ami shall {live a j;ood and snfticieut bond, to be approved by th(> mayor aud coun- cil, in the sum of twcntytive hnmlred dollars; one tirst-class (lran;;hlsman. of the bridge department, who shall receive a salary of one Iniiidi'cd dollars per month; six rodmeu, who shall each receive a .salary of sixty dollars pei' mouth; three tield hands, who shall each receive a salary of lifty dollars |M?r mouth; one ;;enei-al superintendent of street eoustructiou. who shall be .•I competent civil en};iueer. aud shall i-eceive a salary of two hundred dollars l»'r month, and shall trive a {;ood and sufticient boml, to be ajipi'oved by the mayor and conmil. in the sum of live thousand dollars; one superinleiideiit of maps and imlexes. who shall receive a salary of one hundred and twenty- live liollars per month; one assistant commissioner, who shall receive a s;il- ary of two hundred aud ei;;lit dollars and thirty three cents per month, and .shall {live a };ood and sufticient bond, to be ajiproved by the mayor and coun- cil, iu tin' sum of live thousand dollars, and in case of the absence, sickness or inability to act of the street commissioner lie shall have all the powers aud dischari;e all of the duties of the street commissioner, and he shall .'it his own cost and expense furnish his own horse ami l)ni,'i,'y. but the maintenance thereof, not to exceed the sum of twenty pro\'ed by the mayor and the roumil. iii the sum of ti\e thousand dollars earh. and shall each fuinish his own buggy and horse, but the subsistence and maili- lenauce thereof, not to exceed the sum of twenty (hdlars per month each, shall lie ]iaid by the i-ity; one assistant superiutendeut fcond Cai-ondelet avenue; thence along Second C'arondelet avenue to Oravois avenue: thence along Gravois avenue to Shenandoali street; thence along Shenandoah street to Grand avenue; thence along Grand avenue to Arsenal street; and thence along Ar.senal street to western city limits. Second District — Hounded on the south by the northern boundaries of district number one, aforesaid, on the east by the Mississippi river, on the north by I'ine street fi'om the river to Com])ton avenue, thence along Comp- ton avenue to ('houteau avenue, thence along riumteaii avenue to the New Manchester road, thence along New Mancliester road lo King's highway, thence along Berthold avenue to westei'n city limits. Third District — liounded on the south by the noil hern boundaries of district iiuiiiber two. aforesaid, on the east by the Mississi]tpi river, on the north by St. Louis avenue, from the river to Twenty-third stre(>t; thence ahmg Twenty-third slre(>t to Helierl street, thence along Hebert street to Grand avenue, thence along Grand avenue to ICaston avenue, thence along ICaston avenue to King's highway, thence along King's highway to Ridge avenue, thence along Ridge avenue to western city limits. P\>urtli District — Bounded on tli(> south by the 7U)illierii hnundaiies of district number three, aforesaid, on the east by the Jlississippi river, and on the noi'th and west by the city limits. (5L C., sec. IS."?:?.) Sec. 1948. Additional emjdoyes of street department — salaries. — In addition to the officers hereinbefore specilied, the street com- missioner shall, with the apj)roval of tlie mayor, aiii)oint sucli additional surveyoi-s, draughtsmen, rodmen, field hands, and ins])ectors, overseers, clerks, mechanics, teams, carts and day laborers as may be required for the efficient working of his de])artment. whose salaries and liire. excepting day laboi'ers, teams and carts, shall be as follows: Surveyors, one hundred dollars ]i(>r month; di-aiiglitsmen. seventy-five dollars )ier month; rodmen. sixty dollars ]ier month; field hands, fifty dollars jier nuuifli; inspectors, seventy-five dollars per month ; overseers of street repairs and street cleaning, seventy five dollars pei" mr. 12r.2. 1253; uiiil .inplnvrs li\ str.'ct .sprlnklliiB illvl.sinn , H r., Hcc. 1076. Sec. 1})4*J. Flirt licr siilHtrdiiiatcs :inil positions in Ntr«M-l tU*- pai't iiK'iii — tcniiri' — «liitii*s — various sii|K-riiitcnartiiicnt. lo eacli of wliicli llie street coiniiiissioncr may, with (he approval of the mayor, appoint llie followiiit; suhordiiiates, wlio shall lioUl Iheir re spective oftices (Iiirin<; the ph-asuro of the street (;oniiiiissioncr, and who shall perforin the duties hereinafter specified and such oilier duties as jier- tain to their respective positions and such as may he required of them liy the street commissioner, towil: One siiperintenth-nt of street construction and recoiistruilion ; four assistant superintendents of street constrnclion and reconstrtict ion : one su|ierintendent of block patrol system of street cleaniiif;; <>ne su|ierinlendent of street sweepin-;; one superinleudent of ex- cavations; and one |ieinjit clerk in excavation division. The superintendent of stre<-t const rui'tion and rei'onstruction shall lia\(' suiH'rvision over the work of constnictin}: and reconslruclin}.; streets and alleys; the four assistant superintiMidents of street construction and recon- struction shall assist in supervisiiij; the work of constructing and recon- structing streets and alleys; the superintendent of block patrol system of street cleaning shall have charge of the \\()rk of cleaning tli(> paved streets l)v manu.'il lalior: the superintendent of sti'eet sweeiiing shall have charge of the Work of cleaning the paved streets iiy machines; the superintendent of excavations shall have charge of all excavations, and the retilling of same made in all ]iulilic streets and alleys of the city; the permit clerk in excava- tion division shall issue excavation permits under tlie direction of the su- [K-rintendent of ex<-avations. Mird. 1.'14!IS. sec. 1, amending ord. 211101, and re|M':iliii^ 'Jlisyi I .^■•r. l!t,')0. Sann'— salarii's. — The superintendent of street con- struction and reconstruction shall receive a salary of one hundred and twenty-live dollars jier mouth; the four assistant suiieiintendeuts of street construction and reconstruction shall each receive a salary of one hundred dollars |ier month: the snperinteiulent of block jiatrol system of street clean- inu shall receive a salary of one hundred and tifty dpiiig shall receive a salary of one hundred and fifty dollars [hm- month; the superinlcndi-nt of exc-ivatioiis shall receive a Kilary of one hundred and tifty d(dlars per month; and tlu; |U'rniit clerk in excavation division shall rei'eive a salary of ninety didlars jter month, i Ih.. wc. •_'. I Sec l!t.')l. Same lion\ ihe mayor and council. ( /6., sec. 2. ) See. l!i,")_'. Saini' — liorsr anil lnig'.r.\ — co^-f how paiil. — Tlie sn|M'rintendent id' block patrol system of street i le;ining. tin- siijieriii- 980 IIKVISIOI) CODE OR GENERAL ORDINANCES. [CHAP. 2i. teiident of .sti-cct .swt'cjiiiij; and tlic suiicriiifciMlenf of exeavatioiis. shall fur- nish theii- own horse and laiiifi.v at their own cost and expense. l)nt the eost of subsistence and maintenance thereof shall l)e paid out of the city treas- ury. i)rovided. that The same do not exceed tlie amount of twenty dollars per month each. {lb.) Sec. 19;"):?. Conveyance— what to hv fnrnislied by commis- sioner, etc. — The street commissioner, street superintendents, one assist- ant superintendent, and the street inspectors, emjiloyed as sidewalk inspect- ors (special lax re]iairs). not to exceed three, and the .street inspectors eni- ])loyed, as special insjiectors, not to exceed three, shall furnish their own conveyance at their own cost and exi)ense when such conveyance is neces- sary, but the cost of subsistence and maintenance thereof shall be paid out of the city treasury; provided, that the same do not exceed the amount of twenty dollars ]ier month each. {M. ('.. sec IS-'to.) Sec. 19.54. Offices may be rented.— The street commissioner may rent suitable offices for each of the street sui)eriutendents within their re- spective districts, the nionthly rental of the same not to exceed twenty-five dollars. (M. ('■.. sec. 1S;{().) ARTICLIO TV. Ol^ SEV\'ER COMMISSIONER.* Sec. 1955. (inalifications and duties. — The sewer commissioner shall be the lasid of the .sewer depart nieut. shall be a civil engineer, and his duties shall be: First — To take cognizance ()f all matters jiertainiiii; to the drainage of the city. Second — To ]irepare ail snr\eys, ]ilans. specitications and estimates for all sewers to be conslriicled. and for the extension of the s(M\('rage system of the city, as may lie ]ii-o\ ided liy ordinance. Third — To superintend the conslrnclion of all ])ublic. district and joint district sewers, and to see that the jirovisions and regulations in regard to private sewers and house c()nnections are strictly ol)ser\t'd and enforced. Fourth — To direct the cleaning of all jiublic. district and joint district sewers with their inlets, manholes and other ap]iui-tenances. Fifth — To keep a full, accurate and systematic account of all the ex- penditures of this dep;ntnient ])roperIy "ledgeri/.ed" under a](]proiiiiate heads, and a systematic record of all tiansactions relating to his deiiarlment with full and complete index to all reiords. Sixth — 1%) grant permits to make connections with all sewers under such restrictions and regulations as the Municipal A.ssenibly nuiy, on the recommendation of the board of public improvements, establish. Seventh — To exhibit plans and surveys and furnish inloiiiiati()n upon Jiublic sewerage matters free of cost to all parties having a legitimate right to, aud need of, such information, as may apply for it. (Ord. L'OOti^, amend' ing M. C, sec. 1S:!7. ) •Cliarter provisions relating to sewer commissioner: Art. IV, section 36: also IV, sees. 2. 3, 34. 47. As to ordinance provisions concerning sewers see R. C, Cliap. 3), lu'inft sees. 2302 and following. / 4 AUT. V. 1 OK WATKI! I'o.M.MISSIONKU. !)S1 Set". 195(). Assisliiiil aii«l <»(h«'i' i'm|»l|irt(\;il ol the luavur. iiiii.v apiininl :i siiil;ililf pcisim, wlio sliall III' ii civil cii^'iiu'iT. as assislaiil. ami may. with the aiipi-oval of (Ik- |irt'siilciii oT Ilif liuanl of |iiilili<- iiii|priiM'm('iils, a|i|i<>iiii livil ciiiiiiu'crs, a S('fi-c(ar_\ , (Iral'lsmcii. ricrks, a sl('iiiif;ia|ilifi-. a sii|i('riiit(Mi(It'iit ami overseers of Sfwer cleaniii'i, iiisiiecliirs, rodiiieii. tield hands, sewei- eleaiieis and la- h<>rerK. as ma\ , fiom time to time, he loiind necessai-.v I'of tl I'tieient work- iiij; of the de|iaiiment. whose niiinhei-. salai'ies an7. >\ ;i(«'r\\oi"ks — work lor to !>«' !«'( :is otlici- piil>li«- work— siihjrrt to approval of coiincil. The doin;: of all work and the I'lirnishin-i of all nialerial and sn|i]dies lor the waterworks sliall he let out In- the eominissioiiei- in the same inannei- as othei- jiuhlic work, e.xeept in eases where it is not jiraelieal to do snrli work or fnrnisli such nialerial h.v eontraci ; and all conlraets shall he siihinitted to the conn- eil foi- a|ii"io\al. I .M. < '.. see. 1S:!!I. ) .Siiiiif n.x Chaiter: Art. VII. sec, 3. A provision In a contract for water works Improvenient.x that "to prevent all disputes and litleatlon. the city's commissioner shall determine the amount of the several kinds of work, which are to be paid for under the contract and that lie .shall ilecidc all i|ue.stions that may arise relative to the execution of the contract on the part of the contractor, and that his pstimati'S shall be final and conclusive" is valid and the court will not set aside the estimate In the absence of fraud, partiality or misapprehension: Mc- cormick v.s. St. Louis. 166 Mo. 31."i. See. 195S. Water «'oiimiissioiH'r, (|iialifical ions— dnt ies. — The water eoinniissioner shall he the head ol the water de|iari nieiil, shall lie a duly i|n;ililied en<;ineer, and shall have under his sjiecial ('haro;e the |iiim|)- in;; marhinery. romlnits, re.sei-voirs, water pijies. and the operation of the same, the plaeiii>r. repairiii«j and maintenance of meters, valves, tire plu};s and all oilier a|)pnrienances id' the water distrilmt ion. He shall desijiii and siiperiniend the eiilar;^ement and extension <>( the waterworks, and shall sii|ieriiiteiid and direct the lay in"; of water pijie, niakiii<; sliut-otr.s and tap- pin;; of mains, lie shall enforce the jierforinaiice of all existing and future contracts, and. further, sliall ex('reis<' a general supervision over the entire water supply of the city except the as.sessineiit of water rates and the col- lection of the revenue of the waterworks. ( .M. (',, sec, 1840.) See Charter provisions followed by this ord'nance: Art IV. sec, 37; and also Art. VII. sec. 1. S>c. 1950. Clilrf iiKM-lianical 4>ii<;:iiM-<'r— appoint iii«'iit^s. — The water commissioni'r sliall. with the .ippinvaJ ol' iIh' mayor. ap|>oint a Hiiilahle person as chief mechanical eii;:ineer. who shall he well skilled in niacliiiiery and in the ruiiniii;; and manaj^enieiil of pnmiiini.' eii};ines. ^^uch •Charter provisions. Art. IV. sec, 37; also IV. sec- i7; see especially Art. VII, sees. 1 to 6. and notes. As to other employes and salaries besides those mentioned in this article <■■-!> sees, 2001, 2006 to 2010. and for comr's. salary sec, 1997. 982 ki:visi:d couio or general ordinances. ichap. 24. chief mechanical engineer shall have immediate charge of the engines and machinery, and of all matters pertaining to the i)umping department. (M. C, sec. 1841.) Sec. 1960. AssiHtant — other necessary employes to be appoiut- ed. — The water commissioner may also a])i)oint, with the approval of tho mayor, a suitable person to be assistant water commissioner, and may fur- ther appoint, with the a])proval of the president of the board of j)ublic im- provements, such civil and mechanical engineers, superintendents, machin- ists, tappers, inspectors, gate-keepers, oil men, tiremen, coal-passers, tield hands, clerks, draftsmen, laborers and mechanics, as may from time to time become necessary for the efficient working of this tlepartnient. whose num- ber and compensation, except for day laborers, shall be established by ordi- nance. (Ord. 22003, amending M. <;.", sec. 1841'.) Besides employes n\entioned in tiiis article see furtiier employes and salaries In R. C, sees. 2001. 200.T to 2010. As to ri^ht to provide for additional employes see Charter. Art. IV. sto. 42. See. 1961. Certain employes for waterworks electric ]>lant and railw^ay — compensation. — The water commissioner is hereby author- ized to emi)loy, subject to the approval of the j)resident of the board of pub- lic improvemenis, for the operation of the Water Works Electric Plant and Railway, one electrician, who shall receive compensation at the rate of one hundred dollars per month; three dynamo tenders, who shall each receive com])ensation at the rate of sixty dollars per month ; three motormeu, who shall each receive compensation at the rate of sixty dollars per month; three conductors, who shall each receive compensation at the rate of sixty dollars per month, and such mechanics and engineers as may be necessary, at not exceeding four dollars ])er day for each day of actual work. (Ord. 204S."{.) Sec. 1962. Ijoconiotive for waterworks. — The board of public improvements is hen^by authorizeil and directed to procure one steam loco- motive for the use of the water works. The cost of the same shall be paid by the City of St. Louis. (Ord. 21447.) Sec. 1963. Conveyance — provisions for. — The water commissioner shall furnish his own conveyance, to consist of a hoi'se iuid buggy, and shall receive therefor compensation at the rate of twenty doli;irs per month. (M. C, sec. 1843.) ARTICLE VL OK H.-VKr.OR .\ND WHAHK COMMISSIONER • Sec. 1964. His powers and i: AM> WIIARK rn.MMISSIONKR. IJHK Second — To fiiiiiish tlie city i-ouiisi^lor corrcfl plans of all IuikJs to be coiiilcMiiiiecl for wiiail i)mpo.ses, in aieordaiue with ordinances of the litv. Third — To preserve in iiis oflico. all maps, jtlaiis and suiveys helon;; ing to his departnicni, with all records, liooks, pajiers and oiiici- iliin;;s re- lating thereto. Fourth — To carefully oxaniine and. it found currecl, certify all lulls and claims against the city, pertaining to his department, and to keep u full, accurate and systematic account of all oxjienditures made under his super .vision, projierly ••jodgeri/.ed" under approjiriate lieads. This clause is not to 1)0 so construetl as to authori/,e the employment of a bookkeeper. Fifth — To make out upon blanks furnished by the comptroller, :uid de- liver to the city collector for collecliou, all bills for wharfage dues, levee rates, and all other dues whatever to his department, as m.iy be establish. ■.! by ordinance, immediately on the liability thereof accruing, taking diipli cute recei[its therefor, vine of which Ik; shall retain in his oflice. and the other he shall deliver at least monthly in the au that the scavenger dumps established by ordinance are kept in good, ch-an and safe contiilion. aud to direct and regulate the dump- ing of otTal, m.inure or other matter therefrom. (M. C, sec. 1844.) See as to Uutlua o( commissioner. Charter. Art. IX (especially soc. 6 thereof): Art. IV. sec. 3S. Ordinances Rev. Code, ChiiptiT X. sees. 3 iri-4.'!(!. Sec. 1965. Deputies aiul «'inploy es_ boiMl.s — salaries and \va};<'x. — The harbor and wharf commissioner may. with the ap])roval of the iiia\i>r. apiMiint three de[iuiies. who shall each receive a salary of one thousand dollars |ier annum, payable monthly, and who .shall lile a bond of two thousand live hundred dollars, to bi; apjiroved by the mayor and council, and he may further, with the approval of the mayor and president of the boanl of public imjirovemenfs. from time to time, when necessary, apjioint thre«> overseers of |.a\ing on the wharf, at a salary of two (bdlars and twenty live cents per day ea<-li. and two lield haiuls to assist the engineer in making «urv(\v8, at a .salary of two dollars per cpt. see U. C. sees. 2012 to ■_'"<* .1.... ...... til .,„ to fNinir's. salary iin«l bond, ser 19!t*» Sec. 10«>6. Deputie'^ to lu' sworn in as special |>oli4-<>. — The deputies appointed under this article shall, at the retpiest of the harbor and wharf commissioner, be sworn iu as special pfdicemen by the board of po- lice comminsioners, and shall \h'. vested with all powers and privileges now vested in the metropolitan patrolmen of the police force in the State of Missouri, and shall exercise said jiowor anil authority in the discharge of their duties as deputies to the hiirbor nnd wharf commissioner of the City of St. Louis. CSS. C. sec. 1S4(;.) 984 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 24. Sec. 1967. Commissioner to have charfj-e of dump boats. — The street cleaning (hiiiip boats shall be under the eontrol and nuanagement of tlie harbor and wharf commissioner, who sliall provide for tlie care and maintenance thereof. ( M. C, sec. 1847.) See. 1968. Dump l)oats, watchmen for. — Thi- liarltoi' and wharf commissioner is hereby authorized and directed to employ two day watch- men and one night watchman for each set of boats, whose compensation shall be fifty dollais per month. (M. C. sec. 1S4S.) Sec. 1969. Pay-rolls for «lump boats — eertifieation of. — All jiay-rolls and vouchers for current expenses necessary for the manage- ment and maintenance of said floating dumji boats shall be certified to by the harbor and wharf commissioner and presented for payment in the same manner as other voucbei's of his office. (M. C, sec. 1849.) ARTICLE YII. '• OF PARK COMMISSIONER.* See. 1970. Commissioner to have cliarj^e of parks, etc. — The park commissioner shall be the head of the park department, and shall have under his special charge and control all the public parks, places and siiuare.s of the city, excepting such as are by the charter, or by their dedi- cation or other sjtecial provisions in the nature of a contract, excluded from the control of the city. (]\I. C, sec. 1850.) ' Charter, Art. IV, sec. 39. Sec. 1971. Superintendent of parks and keepers — The I'ark Commissioner shall have autlioiity. with the apjiroval of the mayt)r, to appoint one general superintendent, who shall be ;i well-(iualitied landsca]ie gardener, and also with such approval, may aipjioini keepers for such of the dirterent i)arks as may be provided by ordinance, (il. C, sec. 1851.) As to salaries of park emplo>-es see post R. C, sees. 2001. 201 r». 2016. 2017. Sec. 1972. Engineers anyes. — The park commis- sioner shall also have authority, with the a]i}iroval of the mayor, to employ from time to time such engineers, draughtsmen and clerks, and with the a])](roval of the ])i'esident of the board of jiublic imin-ovements. such gard- eners, overseers, laborers and field hands as may be necessary, whose num- ber and .salaries. exce])ting day laborers, shall be established by ordinance. (M. (",, sec. 1852.) Sec. 197:i. Superintendent of parks — duties. — The superinteud- ciii of parks shall, ninler the direction of the park commissioner, have gen- eral supervision of all the keepers of and gardeners, labi>rers. etc., employed at the several pai-ks. lie shall superintend the laying out and grading of said jiarks and the ]ilanting of trees, shrubs and fiowers therein. He shall rei>ort to the i)ark commissioner any neglect of duty or delinquencies on the {)art of the men under his control. No employe of any park shall directly •For Cliarter provisions concerning Park Commissioner see Art. LV, sees. 3. 3-t. 39. 47; Art. A'lII. For ordinances concerning public parks see post R. C. sees. 201S etseg. of Cliap. 25. Eniplojcs and salaries see post sec. 2001. and especially sees. 201fi et seq. AIIT. Vlll I OF AI>VHHTISI_N(; I MT'ltl )V IC.M I-:NTS AND Cl )N"ri;.M "I'S, ()85 or iiidii't'ctly 0'' I'lifliipHl in tlio rnriiisliinj; of ;>iiy tiDWcrs. trees or ](Iimts for any jmi-k ownetl by tlie city. i.M. C, sec. ISo^.) See. 1!»74. Is*' of poikIn for fish. -Tlic use of imukIs mow existing in Forest Tiiri^. e.\ie|ii • r.ivilion l,:ike" ami all siicii oilier |ioii(ls as may hereafter lie i-onstrmled li\ the Stale i^'isli Commission with the a|)|iro\al of the lioarti of |Hil»lic improvements of the ("ity of St. Louis, is hereliy j;rante lisli eonimissioii of the Stale of .Missouri for the i)urpos(> of hatching and ]iropagatin>; food tishes for the term of ten years. Iiegiiiiiiiij; on the lirst day of .lanuar.v, nineteen Inuidreil ami iliree: prn\ iilc charge of said ]>remises, shall cause a forfeiture of the pi-i\ ilege herein granted, of which due notice sliall be given to the mayor by the board of public improvements, and in such case thi; tishes with which Ihe jionds are slocked and all aj»]iurtenances and improve- inents made, shall become the properly of the city. (^L C, sec. 1855.) .VKTIcr.E Vlll. OF RtX;i'I.AT10.VS CONCKRN'ING THK AUVKRTISINO OI-' I'l'BI.IC IJIPROVEMIC.VTS .v.vn tuf; .vwATtDiXG of contracts.* See. 1976. Lettinj; of work, to be nnnibiTod. — Eaili let- ting of work, by the board of public im)u-ovenieiits, when .•i(h-erti,sed, shall Im' designated by a number, ami shall be ofticiall\' known by such inimbor. I M. <"., .^ec. IS.'C. 1 Si'c. 1977. A(lvrrtis«'iii<'iit of not i«'<' of let ling:. — The notice of let- ting of such public work shall be pulilislird In ilie iirws|iapers doing the city printing three times, the last publication to be at leasl leu enin<; the bids. ilb.. amending M. C, sec. IS.18.) In accordance with Chartf-r. VI. sec. 27. Sec. 1979. Bids how niado. — Each bid for such work shall be made ujKni a blank form, to be furnished by the board of public im])r()vements, aiul shall be placed in a sealed envelo])e, addressed to the "President of the Hoard of Public Imiirovements," indorsed "Proposals for I'ublic A^'ork," and with the number of the letting for which the bid is made. Each bid shall be signed by the bidder, or by an authoi-ized officer or agent, where the bid is by a firm or a corporation. Said bid shall not be opened before the day and hour fixed in the notice. I ^I. C, sec. 18.59.) Sec. 1980. Certified cheek (leposit to accompany bid.— Eaeli bidder shall enclose in the sealed envelojie enclosing his bid a certified check, a.s required by section 197S. (Ord. 20.j43, amending M. C sec. 18G0.) Sec. 1981. Amount of dei>o.sit. — The amount of the deposit shall lx» equal to ten per cent of the total cost of the work as estimated by the board of public improvements if such estimated cost be three thousand dol- lars or less; if the estimated cost be more than three thousand dollars the deposit shall be ten j)cr cent on three thousand dollars and two and one- half i)er cent on the excess above three thousand dollai-s; [)rovided, that no de])osit shall be less than tifty dollars. (M. C, sec. 180)1.) Sec. 1982. How deposit conditioned— extension of time by majority B. P. I. — The deposit so made shall be conditioned that the successful bidder shall enter into written contract to do the work bid for according to the terms of his bid, and shall furnish ajiproved security within five days after the award has been made and the bidder notified thereof; hut an extension of time for furnishing security may be granted by a majority \ote of the board of public improvements, not to exceed fifteen days. (Or(l. 1207");-), amen.ling M. C, .sec. 1802.) Sec. 198;>. Wlien deposit forfeited -new bids. If any bidder to whom a contract shall have been awarded shall fail to enter into contract and to furnish approved security within the time specitied, his deposit shall be forfeited to the city, and the board of i)iiblic imiirovements shall advertise for new bids. (M. (\. sec. 18();}.) Sec. 1984. Disposition of deposits of successful ani- .\ii\ i:i:iisim; i.mi'Kc i\ i;.\ii:Nrs am i coNruACTs. ij87 trt'iisuri'i- iiiitil ilic <(iiitinct shall liavo liccii ciilcnMl iiilo and approvccl bv tlu' (•(iiiiicil. Inlil siuli (lisposiiion shall lie niadf of such t-ci'tilii'd rhcrks a<-f<>m|iaii_vliij; liids tiie same shall rcinaiti in the ciisludv of the president of llie huai'd of i>ul(lic iiiiproveineiits. lOrd. L'(ir>|:!. amelidiii'; M. < '.. sec. ISdl.") Sec. li)S,"). ()]>oililtv: bi«ls. Tile bids shall he opened and lead on ihe day and at the jdaee indieated in llie advertisement, bv the luesidenl of tlie board of pnblic improvements, at or about the hour of twelve ni., in tlu> [)resenee of said hoard and of such i)ii!dei°s as desite lo In' prcscni. i M . ( '.. see. lSt;."i. I S.>(!. lllSli. Kt'.jt'ctioii of Itiils fttr itoii-i-i»iii]>liaiir«> \vi(li rciniiro- inoiits.^ — If ill any bids blanks are nol propci ly lilled up so as lo niaUe a bill eom|dete and without any aiiiliij;uily as (o its intended nieaniii!.;; oi' if a. I)iil has any alteration or erasure upon it ; or if it be not properly si^iiied; or if the eerlilii'd check has not been emdo.sed with the bid as hei'cinbid'ore pi-ovided then said bid shall be rejected. («)rd. I'd.jJ:!. amending .M. ('.. .see. ISi;ti. I Sec. lit.s;. .\\\;ii(l lo lowest rt'.s|>(>iisil)l<> Witldor — who .sncli — r«'jl»ftHMl <)f all l>i«ls. — .\s soon as the can\a.ss of the .several bids shall have t)een completed the contract shall be awanled to Ihe lowest res]ionsible bidder. >«'o person, linn or cor|)oration shall be r. .\it. VI. soc. 27. and not<-. Sec. 198.S. Hoil4 — .sjireties. — The performance ol' all contracts made by tlie boanl of public im|irovements shall be .secured by at least two siiftieient and approveii securities. f;ivinf; bond to Ihe ("ity of St. Louis in .amounts, as f for the full amount of the eon- tract, and when the estimated amount of the contract is over live thousand dollars the bond shall Ih- for live thousand (b)llars ;ind twenty live per cent on the amount of the estiniale in excess of live thous.ind dollai-s. No se- curity on any bond shall be taken unless he shall |iay taxes on ]iropei'ty tM]ual in tli(> amoiiiil to his liability on all bonds on whicli he may be se- curity to the city. ( Ord. :2l»r>4:i. amending M. <\. see. 18G8.) Sve finnie refer«*nce as to prt'ccdln^ section; jiNo nntf hflow. See. 1989. Contlllionst of l»on conlraot aerordin;; lo all the terms thereof, and that he will as soon as the wrovided that no sm'h suit shall Im> insliliiled after (he expii-ation of ninety ilays from the completion of the contract. ( M. ('.. sec. ISi;".!.) The city i-nnnot nue na trustee of an expre.-m trust for the benefit of property owners, on the bond of a contractor who violates his contract, thereby rom- 988 i:kvisi-:i) codk oi: Gi;.\iii!AL ohdinances. lchap. -h. pcUing a reletting to another contractor at an increased price, which the prop- erty owners are compelled to pay in special tax-bills: St. Louis vs. Wright Con- tracting Co. (decided March. UiOT.lOl So. West. 6.) But under the powers of the City of St. Louis granted in the Ciiarter and neces- sarily implied therein, the city has the right to require in the contract, and as a condition in the bond, that laborers and material men shall be paid, and such provi.sions are a proper and reasonable incident to the express power to improve the streets by contract and to require a bond of the contractor. And the con- tract of improvement creates such a privity between the city and tlie laborer or material-men as entitle the latter to the benefits intended to be afforded them \mder the express conditions of the bond: St. Louis vs. Von Phul. 13:i Mo. .tGI. (overruling K. C. Sewer P. Co. vs. Thompson, 120 Ho. 21S). See note to sec. 2S of Art. VI of Charter: see provision of sec. 27 of Art. VI. As to state law to that effect see R. S. 1S99. sec. 6762. S('<;. 1990. Signinjf and approval of contract. — Every ton tract enleivd into l)y the lidaid nT jmlilic iuiprovemeuts shall be signed l)y the presiilf'iit of the lioard in I In- name of the City of St. Louis, and shall then be submitted to the city (•oiiiisclor for the a])pro\al of the form thereof. After such api)roval has been received the contract shall be submitted to the council for its ajiproval, which, when oiven, shall be indorsed thereon; it shall then be recorded, in Ihe office of the jiresident of the board of jtublic improvements, and also of the commissioner havinij charge of the work. The original, after being countersigned by the comptroller, shall be depos- ited in tlie register's office, a duplicate shall be given to the contractor, and copies thereof shall lie furnished 1i> the com]itroller and auditor. (^I. C, sec. 187(1.1 Ord. 16514. appearing herein as R. C, sec. 270. requires all contracts of certain kinds, (including public work) to contain certain conditions and terms concern- ing labor, etc., and provides for cancellation of contracts of contractors for vio- lations and ineligibility for other contracts, etc. Sec. 1991. Deposit for special tax work — restoration of sur- face, etc. — Itefore a contract awarded by the Ijoard of juiblic improve- ments for any work which is to be iiaid for by a special tax, is exetmted. the l)idder, to whom the award was made, shall be r(V|uired to pay into the city treasury the sum of two hundred dollars, regardless of the number of such contracts which may have been awarded to him. as a special fund to be used by the commissioner under whose charge the work'is to be done to defray tiie expenses of necessary repaii-s on the work, removal of unnecessary ob- structions left by the contractor along the line of the work or the ju-ojjer restoration of the surface of the ground along the line of the work where an c^xcavation had been made, if said contractor shall be liable under his contract or contracts, and which rej>airs. removal of unnecessary obstruc- tions or restoration of the surface of the ground said commissioner shall or- der made by reason of a failure of said contractor to make such repairs, re- move such obstructions or ivstore such surface of the ground himself within the time sjiecified by said commissioner, i Ord. 20."i7;l, amending ^f. ('., sec. 1871.) This provision (then sec. 1369, R. O. 1892) was held valid in Allen vs. Labsap. 188 Mo. 692, 703. Sec. 1992. Same— when a«l«litional deposit necessary. — When- ever Ihe whol(> or jjart of said two hundred dollars shall have betni exi)endccial tax bills be deliverd to him. (^I. C., sec. 1872.) AI:T. IX. I !>[■• SAI-AltlKS ANM> ISO.NUS OF M lO.M ItKltS A.\l> KM I'M > Y KS, ggg Sec. 199.'> ( Oiiilit ions of rcdirii oT >|>f(-iiil tax drposit. — \\'li('ii('V('r sncli iiiiii i;i(i(ir shall ccasi' to he coiii racloi- lor special lax work, or to !>(■ rcs|ioiisil)lf iiiuliM- aii.v of liis coiili'aets for rcjiairs on special lax work done l>_v liiiii, the j)resi(leiii nT ilie hoard of imblic iinproveiiients sliail certilV this fact to the auditor, and, on jirescntation of such cerliticate. the auditor shall draw iiis warrant on the treasurer, in favor of said contractor, f(U' the whole amount standinjr to liie credit of I he special fund cr<'aled l>y the pavineni of said contractor, in accordaiu-e with tiie |iro\ isions of .sec- lions l!i!M and 1!)!)!', and shall take his recei)it therefor, in full of all claims aj:ainsl the citv on account of said p,i\ iiielils. i M. ('.. sec. IST.'i.i See. 19".I4. ('out liuls fof i^rjuliiiji :iii(l icpaiiS" <<» !»«• iiia«U' ailiuially.' The hoard of luililic imprnxcmeiils shall, in every \car, enter into coiiii-act for one year, liejriiinin;; oii the tirsi td' .lul.\, for the jirading, constructiu}:, recoustructin;; and repairiiiji of sidcw.ilks and l"\ 14. T. I. lor work a)>|H>rtaining: to sowers — materials -cost. The board of imblic iin|iroveiueiits is hereby authori/.ecl and directed to let and eiiler into auninil iiiniracts from the lirst roper perlorniance of such work as aloresaid. Tlie cost of such work as aforesaid shall be paid by the fity of St. Louis, from the funds annually apjjropriated and set aside cuit of municipal reve- nue for "sewers, salaries, current expenses and repairs," to co\'er the cost of such work aforesaid. lOrd. -JilIKtL'. » .\i;iiri.i: IX. • ■!■ SAt.Ai:ii:s ANi> iioNDS oi'" Mi-:.vmi:ijs of thk noAUt) of PURLn" iMrnovK- ^^^:^■Ts a\i> tkfiii FMri.ovr:."^. Sec. I9'.i."> I*rosi«Ii4Mi(M' — salary an«l liond. — The street nthly, and shall give a good and snfticient biuid in the sum of twenty thousand dollars, conditioned as the Ixunl of other city oflicers, and to be ajiproved by the mayor and council, lil. i'.. sec. 1878.) For employes of street com'r. nnd salaries, see It. C. sees. 194C. 19IS-1952; garbuKe department, R. C, sec. 1205-120T; City Forester's dept.. sees. 1252-12S3. L UiiO Ki:vif;i-:i) codp; uh gexkral okdixa.vcks. [Chap. 24. Sec. 1997. Sewer coinniissiouer— salary antl bond. — Tht' sewtr foiniiiissionci- shall receive a salary of three thousand five hundred dollars a year, payable monthly, and shall give a good and sulticieut bond in the sum of twenty thousand dollars, conditioned as the bond of other city offi- cers, and to be a{>i>ro>ed by the mayor and council. (M. C, sec. 1S79.) other employes and salaries see R. C, sees, IflSG, 2001. 2011. Sec. 1998. Water coiuiiiissioner — salary aiul IkhkI. — The water commissioner shall receive a salary of four thousand five hundred dollars a year, payable monthly, and shall give a good and sufficient bond in the sum of twenty thousand dollars, conclitioued as the bond of other city officers, and to be approved by the mayor aud council. (M. C, sec. 1880.) Salaries ot employes of Water Commissioner'.s Oept.: R. C, sees. 1960, i;i61, 2001, 2005 to 2010. Sec. 1999. Harbor and ^vharf commissioner — salary and bond. — The harbor and wharf coinmissioiicr shall receive a salary of three thousand dollars a year, jiayalde monthly, and shall give a good and suffi- cient bond in the sum of leu thousand dollars, conditioned as the bond of other citv officers, and to be ai)proved bv the mavor and council. (M. <".. sec. 188l'.) Salaries of Harlior an.l Wharf dept.. sees. 2012 to 2014: li>n."i: 411. Sec. liOOO. Park commissioner — salary and bond. — The i>ark commissioner sliall receive a salary of three thousand dollars a year, pay- able monthly, and shall give a good and sufficient bond in the sum of ten thousand dollars, conditioned as the bond of other city officers, and to be apjiroved by the mayor and council. (M. C, sec. 1882.) Kinployes of Park Com'r.. sees. 1970-197.3; salaries ot employes. R. C, sees. 2001. 2015 to 2017. Ordinanees about parks see R. C.. sees. 2018-2035. Chart.. Art. vni. Sec. 2O01. Salaries and bonds of assistant to sewer commis- sioner, assistant to water commissioner, chief mechanical en- jjineer to water department and park superintendent. — For the l)uriiose of continuing the offices of assistant to sewer commissioner, as- sistant to water commissioner, chief mechanical engineer water de- partment and park siiiierintendeat, aud ju-eserviug the status of the persons at present holding said ]iositi()iis and of preserving the ordinance regulations at ])re.sent existing with respect to the salaries, duties and bonds of said officers, said officers and employes shall receive the fol- lowing compensation and shall each file the following bonds, to wit: As- sistant to sewer commissioner, twenty-five hundred dollars per annum, and shall give a good and sufficient bond, to be approved by the mayor and coun- cil, in the sum of five tliousand dollars; assistant to water commissioner, twenty-five hundred dollars ]ier annum, and shall give a good and sufficient bond, to be ajiproved by the mayor and council, in the sum of five thousaixl dollars; chief mecliaiiical engineer, water department, i weuty-five hundred dollars per annum, and shall file a good and sufficient bond, to be approved by the mayor and council, in the sum of five thousand dollars; park super intendcnt, eighteen hundred dollars per annum, and shall give a good and sufficient bond, to be approved by the mayor and council, in the sum of twenty-five hundred dollars. The above salaries shall tic ii;iiil moiillih. iOrd. 2l.'004. amendin;: ord. 2128:?. 1 See note to sec. 200.'i. AitT IX. 1 or s.\i.Ai;ii:s and isdNiis ok .mk.mukus a.ni> i:.mi'i.<>yi:s. u'ii Sic. l.*()()2. M<»i><«' anil l»iij4;j;\ of park sii|>t>riiitt>ii«l«>iit. — Tli< jiark sii|iiTiiilcii(lciil sIimII Ik- it-ipiiictl lo furnish his own cdnvcN ;uicc. con sistiri;; of horse :in(l hn;;;.^. Iiul Ihc cost of snlpsisicni-c and niainlciiancc thereof, not to cxcchmI the sum of iwcniv dnllni's |rcr iiioiiih. shall tic paid bv the citv. ( M. C, see. 18S4.) S. . joo:; Salafios and bonds of «'l(*rks anlic ini|>rovenients sliall he as fidlows: The clerks in said office shall he divided into three classes, and their salaries shall he as follows: Clerks of the first class, not to exceed iwn in nnndier. at the rale of lifteen hnndred ihdiars jier annum each, who shall f;ive bond in the sum i>( twenlv live lnindr(>d dollars each; clerks of the second class, not to exceed live in nnnihei'. al tht> rale of twelve hundred dollars [ler an mini each, who shall j^ive bond in the sum of twent\ live hiimlred dcdiars each; and clerks of the third class, not to exceed li\'e in nuinber. al the lale of nine hundred and sixty ilollars jter aiiiium each, who shall <;ive bond in the sum of eijjliteeii liundred dollars each; one draufihlsman. at the rate of twelve hundred dollars jier annum, and shall jiive bond in the sum of twen- ty-live hundred dollars. Said aii|Miinl ineiils shall be maile subject to the apjiroval of the inayoi'. The salaries of the above named officers shall be payable monlhly, aiitl their bonds shall be a]>pro\cd by the mayor and coun- cil. ( .M. ('., sec. ISS.").) See. 21)04. Salaries of otiier 4'niiilo>es of presi(l<>iit of llu' hoard.- The comiiensaticui lor .services ol oilier help shall be; as fol lows: (jvil en;;ineers at the rale of tive dollars per day; surveyors at the rale of four dollars |ier day; tield hands at iIh> rate of two dollars and fifty cents per day; draiiuhlsnien of the second class at tlii' rate of seventy live ihdlars per month; and of the tliiril class at the rate of tifly doll.-irs |ier iiionth. The help iierein named shall be ein|iloyed teiiipcu-aril.v-. and only for work ordered by the board of health, or other work not specially belonniii}; to the ilepartmeiit of aii.v commissioner; and. provided thai the diffcreiii conimissioiKMs. on application to tlit> iiresiih-nt. shall have declared their inability to have the nei-essary surveys made, and drawiii<;s and estiniati-s prepared \>\ the force in their employ. ( .M. t '.. sec. 1S,S(J. | Knr furthiT employes of Pro.s. of II. P. I. ami snlnrli-.**. bosifl**s thoso niitliorii^ril In tlil.s nrllcle. sec Art. II, sees. I9.".9 to \!H?, Iinhi.>i|vt'. Sie. 200.5. Salaries of <>niplo>es in \val«'r eoniniissioner's of- lli'e. — The several employes in Ihe deparimeiit of ihe waler commissioner (commissioner's office i shall receive monthly roiii|iensation as follows: One sern^tary, one hundred and seventy-live dollars; one chief clerk and book- keeper, one linnilred and tifty dollars; one sleiio;,'ra|ilier and typewriter, seventy live dollars; one clerk at seventy-live dollars; one jaiiili>r. sixty dol- lars. (Old. 2IS.*».s, sec. 1, amending M. C. .sec. IS.ST.) RoslilfS ppiploycs and salaries mentioned In this article si'C others. In sies. 1»S0. 1961. 19.i». 2001. Sec. 200f). Salaries of employes in distriltntion system. — The .several employes in Ihe department of ihe water coiniiiissionei'. distribution system, .<»hall receive monthly eonii)ensation as follows: One enjjine<'r in charpe. two hundred floll.-irs; one first assistant iMi;rineer. one Inindred an<1 fifty dollars; one second assistant eii.L'ineer. one hundred and twenty-five rlollars; one chief .. sec. 4. amending .M. C .sec. 18110.) Sec. 2009. Salaries of employes in supply and pnrifyins" di- vision. — The se\-eral employes in the de])artment of water commissioner, siipjdy and ]iurirying division, shall receive monthly comj)ensation as fol- lows: One eugineei- in charge, two hnndred dollars; one assistant engineer. on<» hundred ami sixty-five dollars; one assistant engineer, one hundred and tifty dollars; one chief draftsman, one hundred and fifty dollars; one drafts- Uian, second class, one hundred and twenty-five dollars; one draftsman, fiiird class, one hundred dollars; two inspectors, ninety dollars each; two ^)dmen. sixty-five dollars each; two field hands, sixty dollars each; two slenogra])liers. seventy-five dollars each; one chief clerk, on(> hundred and twenty-five doll;ns; out' clerk, seventy-five dollars; one janitor, sixty dol- lars; two forenien. ninety dollars each; five foremen, seventy-five dollars «>ach; nine gatekeeiiers. sixty dollars each; three gatekeepers, fifty dollars eacli; nine watchmen, fifty-five dollars each; one timekeeper, seventy-five dollars; one gardener, one hundred dollars; four assistant gardeners, sev- enty-five dollars each ; oue chemist, two Imndred dollars: one assistant chem- ist, one hundred dollars; one messenger, sixty dollars; one (>lectrician. one hundred and twenty-five dollars; tliree mofcu-men. sixty dollars each; three conductors, sixty (lollars each; two linemen, eighty-five dollars eadi ; one locomotive eiigineei'. three and eighty hundredths dollars per day each; one lireman, two and t wenty-hundredths dollars per day; i:t)M>s ok ii. !•. i. ani> iomi-loyks. ;H);t See. L'OIO. Saliiiit's of (>iiii>lo,vi>.s in liiyli jnul low s('i\ ico «'ii- frines depart iiHMit. — The sevi-ral eniplovos in tlio tiepartiiuMit of water coiiiinissiKiier. lii^li aiui low service eii;riiies. sliali receive iiiontiilv coiiiiieii- satioii as follows: Kirst--< 'oiisiriicl ion (i('|>artnient : One uieclianical en }jineer in cliar;;t'. I wo InuKlreil dollais; one lirsl assistani en;iincer. oix' linn- ilred anil lifly dollars: one second ussislant engineer, one hundred and I wen t\ ti\(' d(dlars; one drallsnian. one linndred dollars; oiu' inspecloi'. one linn shoj), ninety- live dollars; two lirsl class machinists, eij^hty live dollai's each; three second- I'lass machinists. .se\'enty ti\(' dollars each; two machine shop helpers, sixty dollai's each; one lilacksmith. sevenl.v -li^c dollars; one Macksniilli's helper, sixty dollars; one foreman, holier room, se\cni\ li\c dollars; six screen keep ers, sixty dollars each; one storekeeper, sixty-live 'dollai's; two janitors, lifty-tive dollai-s each; one clerk. seveiity-tive dollars. tH) llif,'h service station numher three: ( )ne enjiineer in char<;e, one hundred ami seventy-live dollars: cit;lii assistant en<;ineei's, one hundi'ed and lifteen dollars each; sixteen oileis, s('venty dollars each; six- tiH'u tiri'iuen, seventy dollars each; sixteen coal ]iassers. sixty dollars each; one foremati. machine shop, ninety-tive didlars; two lirst-class machinists, eiglitylive dollars each; four second class machinists, seventy-live dollars each; one biacksinith. ninety dollar.s; one hlaeksniith's helper, sixty-five dol- lai's; two machine shop helpers, sixty dollars eai'h;two engineer's hel])ers, sixty-live (h>llars each; one forenum of holler room, seventy live dollars; two janitors. Iifly-li\-e dollars each ; three dynamo tenders, sixty-live dollars each ; one clerk, seventy live dollars; one storekeeper, seventy dollars; one jiatlern- maker, one hundred dollars. (Cl IIif;h service stations nuuihcrs one and two: One en;;ineer in charfje. one liundri'd and sevenly-ti\e dollars; ei};ht assistant eny;iiuH*rs. one linndred and fifteen dollars each; twelve oilers, .seventy dollai-s ea<'li ; sixteen lirenien. seventy d(dlars each; sixteen coal passers, sixty didlars each; one foreman of machine slioj), ninety-live dol lars; three lirsl class mai-hinists, ei;rlity li\c dollars each; two second class machinists, seventy-live dollars each; one lilacksmith. seventy live dollars; one hlaeksniith's helper, sixty-live dollars: one hoilermaker. ei<;hly live dol lai's ; one hoilermaker's helper, sixty-live dollars; two eiijiineers' heljiers. sixty-tive dollars eacli ; two niacliinists' helpers, sixty ihillars each; one fore- man of lioiler rooms, seventy-live dollai-s; one clerk, seventy-live dollars; one storekeepi'i-. seventy-live dollars; three janitors, lifty-live dollars each. (//(., sec. (1. aniendin<: .M. ('., sec. 1S!I12. i Ord. 2188S iilao rcpcala M. C, sees. 1893. 1S94. and ordlniim;fH t 1223 mid 21.i22. For otlipr ."Hlarl-'s of water dopt. soe note to sec. 2005. See. JOl 1 Salaiics anil l>(>iiti> 1*1 «-iiii»l<»,v<'s ill .s«'\v«'r «l»'pail- iiu'iit not <»(li«'r\vis«' Hxer month, who shall give bond in the sum of two thousand dollars; two assistant draftsmen, eighty-five dollars per month 6: 2001. 19(17. Tlie above section (2011) wa.s again amemli-d b.v oi-diiiaiiee 2:!132, approved July l.'j, UI07, after the Revised Code was enacted. Sci'. i*0f2. Employes in harbor and wharf «U'i>artnu'nt — sal- aries antl honds. — The harbor and wharf commissioner is hereby authoi- ized and em])owered to apjioint the following officei-s. with the consent and apjiroval of the mayor, towit: A chief clerk, whose salary shall be sixtwn hundred dollars jjer annum and who shall give bond to the City of 8t. Louis in the sum of two thousand dollars; one i-ivil eiioiiieer. whose salary shall be two thousand dollars i)er annum, and who shall gi\c bond to the City of St. Louis in the sum of live thousand ul»ru' pliU-t's— saliiri«'s He iiiav also appoint, with the aiiptoval of the iiiavor, keepefs (if tlie t'oilow- in<; iianieil parks, who.se salaries shall he paid out oT the I'uinls as s<'l apai-l for sai(I"iiafks r<'speclivel\ . ami whirh shall Ix' «s follows, lo-wil : Keeper oC Forest Park, .seveutv-tivi* dollars \n-v nioiith: keeper of Lafayette Park, .seveiitytive dollars pi-r iiioiith: keejier of I'aroiidelel Park, sixl.v live dollars |H'r iiuiiilh; keepi-r of (t'Fallou Park, si.xlylive dollars jier month; keeper of Hyde Park, sixty-live dollars per month; keei>er of P.entoii Park, sixty- live (jollars ]mt month; ki-eper of St. ]>onis Place Niimher One. sixty dollars per inonth; ke<'|ier of St. I.,onis Place Nnmher Two, sixty dollars pov month : keeper of St. l.onis I'lace Nnmher Three and h'onr. sixl\ dollars |)er month; keeper of Carr Stpiare. sixty dtdlars ])er monlli; kee|ier of Laclede Park, sixty dollars per month; keejier of Lyon l*ark. sixty dollars ]ier nmnlh: keeper of .lackson Place, lifiy dollars ]ier inonth; keejier of Soulh St. Louis S(|nare. fifty dollars per inonth; keeper of (Jravois Park, forty lixc dollars (ler month; keeper (d' Washington S(|nare. sixly-ti\c dollars per monlli; keeper of (Jandile Place, fifty doll.irs per monlli. i<>t-i1. l'L'^ITT. amendinir l.'(is.{t;. amendin<; .M. ('., sec. U»0(t. ) As t*> park fmployes and superintvnilonts. etc.. see R. C, sees. 1970-1973; also sec. 2001. As to provisions respecting public parks see R. C. sees. 2018, el seq. As to ntlior ii:o-ks. .■in. I otii.r sit-s li.inp mud.' iiark.s. sr.' notr to Cliaiitor ITi infin. Sec. 2017. l*ark «-4>iiiinissioii«'r — odu'r appoiiitiiicnts to Ik' made by. — The park commissioner shall have anlhoriiy, with ajijiroval of- the mayor, to employ from lime to time such enoineers. dranulitsmen ami clerks and with the apjiroval of the picsidenr of the ho.-ird of piihlic iin|H'o\e meiils. snch overseers, foremen, laborers, rodmen. first class gardeners, sec- ond-class jianleners. larpeniers, machinists, field hands, lalxn-ers ;iiid hoys as may Im- ahsolutely necessary and within the a]i]iro]>riaf ions for each jiark. whose salaries shall he as follows, to-vvit : <'i\il eiijiineers, one hiindred K ITIII.K' I'AUK.S.* •.\s to tin- (hnrlrr i«««riT« of thv rlty In kiiktiiI ronciriilnif imrk.u anil piok romml.iKloner. nee Chnrter. .\rt. VIII. Hern. 1-6. and notes thereto. See al.io Art. III. s' I' L'l".. rlaime .1; ArL IV. sec. 39. State ex rcl. vs. Seliwelckardt. 109 Mo. 490. V'nr orillnanmi .DneirnlnK same se.- I{« v. Code. sees. 1970-197."i. 2001. 201.5-L'IP| 7. 201S-;;U35. The Biinira of Ihr inrloua pnrkH ar<' •■niinwrated In section L>ni6. ex- cept Tower tirov-'. ("arniMtle Pla<-"'. Vr« nad anlnrlrH, se4-s. «ai ."i- :.>(ll 7. ;j 9!)C ui;\'i.si:i> coi>K ui: GKNuiiAL ORUixAiNCEd. [chap. 25. ordinance, within 4(10 foot of Lafayt-tte. Tower Grove. OFallon. Carondelet and Forest Parks, see Uev. Code. sec. 2ir)7. and note thereto appended; and as to pro- hibition of certain oNtaildlHhnit-nts within a mile and a nuarter of Tower Grove Park see Session Acts 1871. p. 189. sec. 1 ("Laws Specially Api)licable to St. Louis" p. 173. sec. 426.) And as to outtie, see K. C. see. 2023. Towrr Grove is excepted by charter from the City Park Department and stands upon a special basis, having been donated on certain conditions, to the city, by Henry Shaw, and was created and is governed in pursuance of certain statutory provisions (see Laws Mo. 1S67. pp. 172-175, Laws 1872, p. 469, Laws 1871, p. 189, all of which are herein specifically set out under "Laws Specially Applicable to St. Louis." pages 170-173. being Chap. 23. sees. 100-426.) Miiotouri llotnnienl Giirilen also stands upon a special basis (Shaw will) and is not under the care of the Park Department. Lnfnyette I'nrli is affected by Session Laws 1863-4. p. 467; Laws 1868. p. 293; ordinance 1197;: (see also ord. 2917, 3070, 3847, 4164, 4471. 4490 and 7341). Forest l':irl%, see acts 1S72. pp. 2ri.5-2r)9 (held void in State ex rel. vs. Lef- lingwell. 51 Mo. 4.'>S); act of March 2.5, 1874 (the latter held valid in Co. Ct. vs. Qriswold. 58 Mo. 175). but "repealed" in Charter. Art. VIII. sec. 6; see State ex rel. vs. Schweickardt. 109 Mo. 496. 0*Fnllon l*:irlc: See Charter. Art. A'lII. sec. 5 (old bonds): and /}. sec. 6, "repealing" acts of March 25, 1874. Cnrondelet I*arl<. act of Feb. 25, 1874, "repealed" by Charter. Art. \'I1I. sec. 6. (For new site or ]3rolongation of this park see ord. 22938.) I,ini]rll lloiilevard TrInuKle (by ordinance 18573, according tr> the provisions of ord. 1S276. and bounded west by Vandeventer ave.) is made a park (Mun. C, sec. 1902) ; and so of F'orest Furli HiMilcvaril (JMun. Code. sec. 1903) the central fifty feet ther*»of from Boyle to Kingshighway. These two sections appear in the Mun. Code, but are not carried into this revision because they are as much special ordinances as those creating the other parks, none of which have ever appeared in the re- A'ision of the general ordinances. Small Parli sitesi Authority given to Public Baths Commission and Park Com- missioner to recommend sanie. see ord. 22541. approved July 13. 1906; and to the Mayor, Comptroller and Park Commissioner, subject to approval of ways and means committees of assembly, see ord. 22754. app. Feb. 5. 1907; park site at Dover and Broadwaj'. see, ord. 22937; at Kansas street and prolongation of Car- ondelet park: ortl. 2293S; site on tract bounded b.v Penrose street. Bircher street. Euclid ave. and Calvary ave.: ord. 22971. Conipton Hill IleNer^*»ir Parli is under charge of the water department. Sec. 201S. Park rofyulatioiis— what prohibited. — No person shall break, (.-ut, iiiutilatc, injure, ivniovc or carry away any tree, shrub, (liant, flower, stone or stonework, beneh, chair, seat, bower, stand, structure, fence or property, or thing whatsoever, in, upon or near an.\ ])ark, square or place in this city, or any street, avenue or highway around the same; nor molest any birds, bird's nests, or any tisli or animal or aiiylliing belong- ing to or kept therein, or ])aste oi- ;ifflx or inscribe any handbill, poster, card, device or inscription to or upon or against any fence, sti'ucture or property of, or on such jiark, ])lace or stjuare, or liigliway surrounding the same, or disfigure any sward, gravel, sand, turf or earth, or any tree, fence or structure therein or adjacent thereto, or fasten or hitch any animal to any tree, fence or structure in, around or ujion the same, or the streets or ave- nues surrounding the same, or ride or drive any animal or vehicle therein, except on the projicr roadways and drives of Forest, Carondelet, O'Fallon and Tower Gi-ove parks and at a I'ate of speed not exceeding eight miles per hour; nor shall any jx'i-soii deliver any oration, address, sjieech, sermon or lecture therein, or walk or go ujion any grass plot, lawn or other place pro hibited by the park commissioner, or permit any domestic animal to go or run at large, or lie without attendant within any such |>lace, park or square, and all such animals shall be taken up and impouiid(^d. and if not claimed within ten days, sold, and the fact of such animal being found running at large shall be evidence of such permission by the owner thereof; no omnibus, herdic or express wagon with or without ])assengers, nor any cart, dray. THAI'. 25.1 "T prill, n- 1'\i;ks. 997 truck or oihi-r vcliiili- ijirryiii}; jioods i>i- ai'ticlcs nT niiv kind (cxccfit when r('(|iiir(>tl ill llic scr\iic nl' tin* park (IcpMrliiiciil ) , iioi' any licarsc or proces- sion of cai-riaf^cs. sliall lie pci-mitlcd to use llie l>lh'S. .ti. in i.iirks is six mill's: S.r U. C.. sir. !'•:•}. See. 201!). l>is«»r*U>rl,\ <-oii«lii«-(, and ••aiiK's i»r«>hil>i(<>\<-lli(l<>«l. .Ml disorderl\ or indecent coikIucI. the use ol' llirealeii- in;;, otiscene or proraiie laii;;iiaoc. and all ^aiues, acts or deiiieanor calcu- lated or lending; to mar or disiurh the feelings or enjoyment i)( the visitors adeiidiiii: suih parks, places or si|uares, are prohiliiled ihei-ein, nor shall any iieison parade, cxhiliit 'Falloii pai'ks on written ap]ilication to the jiark commissioner si;;iied by some responsible itarly. i .M. ('., sec. lilOlI,) .S.c. '20-21 H(>^iil:itioi)s as to •Iriviiij*- parks. — The hoanl . — It shall be the dnl\ nl all persons drivini; vi'hicles of any kind on tin; park roadways, and of all persons riding horses, bicycles, or tricycles on such roadways, at all limes to keej) to the li^hl of the center of such park roadways, except when |)re\-enled liy obslruci ions. Any person violating this section shall lie deemev sworn as spr may lease (UTtain huildin;;s. — The park eoinmissioner wiih the approval of the board of public improve- ments, is aiithori/ed in behalf of the city, to lea.se any biiildin<; (other than i(9S r,i:\"isKi> roni-; in; (;kni:i:ai. i 'KIUXaxcks. (chap. 2:.. the cottajie and oiil lniil(ljiii;s coiiiu'ck'd ilKU'cwitli in Forest Park) in For- est, Carondelct and O'Fallon jiai-ks. for the jieriod of one year or less, for residence ])nriM>ses only, sncli leas(» to tie snliject to 1)0 terminated at any time for cause, by resolution ol' llu- lioai'd of |iul>lic inn>roveinents, and in :ill lases tlie rents t(» he payable in advance. IM. ('.. sec-. I'.Ml.i Leasingr park, soe Chartor. Art. \'III. .sf.-c. I and note. Sec. 2026. Wlion ('(niiptroller Jind <'(»i)iniissi<)iier to lease. — III r:ise of failure to receive any hid.s aficr iwu .--iiccessive advertisements tlierefor or when the lea.se lor any cause shall have Ih-cii forfeited, the park ( oinniissioner and coiiijitroller with the apiiioval of the i)oard of public im- ])rovenients, are authorized on behalf of tlw city lo lease out said premises i'or the purpos(> hereinbefore mentioned, for the term not exceeding one year, to such jierson or persons in good standing as may make the most advantageous oH'er for them; sudi lease to Ik' terminated at any time for raiise to be evidenced by a resolution of the board of jdiblic improvements, and .ifter thirty days" notice by the park commissioner, and ail rents to be jiaid iiionlhly in aihance. ( .M. <'.. sec. fttrj.i See. 2027. Ijeasiiij>' of boat i)rivilej;;e.s in i>ark poiiil.s. — The board of ])ublic im]i]()venients is hereby authorized and empowered to lease the jtrivilege of kee]iing boats for hire on the ponds of the public parks of St. Louis to any iirivate ]iarty for a term of one or more yeai-s, under rules and regulations drawn u]) by the pai-k commissioner and approved by the board of imblic iiiiproveiiients. lOrd. 1 tt:!."). sec. 1.) Sec. 2028. Privilef»es oi <>ames, t't«'., in c-ertain parks. — The board of jiublic improvements is authorized and empowered to lease the jirivilege of keeping imjilements for the games of base ball, croquet and lawn tennis, and so forth, for hire at Forest, O'Fallon and Carondelet Parks; the locations lor ihe g:niies l public ]>ai-ks, places or S(]uares of the city by |iii\ale individuals or ,societies, and it is hereliy made his duty to dcMile and appi.\ such donations strictly to the purposes for which they wcic iiiaile. t.M. ( '.. sec. P.li:!. i See. 2031. Sites for statues (o he allotted He shall be authorized, \\ith the approval of said board on ilie submission of proper ](l;ins and sketches, to allot stub s])ace of ground in any of the [uiblic ])arks places 01' s(|uares as may be rofpiired for the erection of auy monument, statue or other work of art or utiliry in commenn)ratiou of the services or beneticenee of any jienson or society which they may offer to put up at their own expense, i M. ("., s(>c. l!ll t.) .Sec. 20.H2. Sites iiii|>roved by private «l«»natioiis— liow iles- iynated. — The jiaik i ominissioner sliall have authority in certain cases. to olticially designate ceiiain places in the public parks, places aud sijuares, CHAP. 26.1 OK I'rm.lr I'KI.NTI.Vti. i|i|<) wliirli liavf Imcii iiii|iru\(il liv piivau- doiialioiis, by the name of tlio donor, aiul he shall in all .-^ik li cases tile :i copy of tlie articles or stipulations of
  • nation with the . Wlit'ii imrk tloiiatioii.s may Uv reiiiovtMl. — In cu.se any pnblic park, place nr sipiare. conlaininj; any inunnnient. slatne or other work of ail or uiiliiv cic( icil Iruni private donations as aforesaid, shall hereaftel' cease to he the prtipeity nl' the city, the donor or his le<;al I'cpre- .sentatives shall have peiniissiun to reiiune the same from the premises with the I'onsent of the park < iimniissiiinci-. pi ex idiish dhlained. ( M. ( '., sec. See. 2084. .>Iti>«i<' in parks. The park cdoimissioner is hereby au- ihori/.ed. with the approval of the nia.M)r. hi pT()\ide mnsie [\tv the ]iarks. between -Jnne lii'st and (ictober lirst. ei;;hteen hnndred ami ninety-six, anil every year thereafter, on sneh days anil in such i)arks as shall be ilesijinated by the abovi- oflicers. not exceedinji seven entertainments in one week, of IhriM' lionrs' duration each, two of these to be held in the music pavilion in I'nrest I'ai-k and all. except tho.sc held mi Sundays, to be held between the hours of seven p. ni. and ten |i. m. The music shall be |u-o\ided by an orchestra or baml of not less than twenty live skilled musicians, all of whom must 1h' rejjisleied \oifis of St. Louis. The above work shall be let by the jiark commissioner, subject to the apjiroval of the mayor, to the lowest and JK'st bidder, and it nuiy be let in sections. Hefore the above work is let the mayor and i)ark commissioner shall estal)lish a schedule j^ivinj; the name of each park in which music is to be fjiven .-ind the dale of the same durinji sail! season, and bidders may compete for the music in any one or iiuu'e lU' all the parks. l'a\ment foi" the above woi'k shall be made monthly on \ouchers apjiroved by the mayor and jtark commissioner, and ten \ivv cent of each jiaynu'iit shall be reserved to secure the fullillment of the contract. All iiuestions with i-eference to the sa(isfai-tor\ jiei-forniance of the work shall Ih" deteianined by the nuiyor and jiark commissioner, whose decision shall be linal and conclusive. The lettin;;; shall be advertised for ten days in the iiajiers doini; the city |U-intini;: juoxidcd. that for d stich contract and fails or i-efnses to execute the contract and };ive the bond as hereinafter re- quired), and the place, day and hour of the opening of such bids, and shall be made [for] at least ten days iie.\t before such day. Th(> bids shall be opened in the office of the register, and all bidders may be present thereat. No bids shall be considered in which there shall be an erasure or inter- lineation. In every case the printing shall be awarded to the lowest bidder. The register shall, without delay, rejiort the bids and awards to the cotincil. If the council reject any award the register shall jiroceed without delay, as above, to ad\-ertise for new bids for the kind of printing of the rejected award, and re]iort as aforesaid ujion the same, and so on until the council confirm the awards for all the aforesaid printing. In case any iddder to whom such jjublic printing may be .awarded fails or refuses, within ten days after such award, to projierly and legally enter into the contract there- for and give the bond required by law. and also in ca.se any bidder fails or refuses to ]>erforni the contract herein reipiired. and the same is declareti forfeited by the mayor, it sli.ill be the duty of the register to immediately enter into a temipurary contract and bond, to be approved by the mayor, for doing the city jirinting until smli time as a new contract sliall be made, as hereinafter provided, and advertise a jtrojiosal for sealed liids for doing the city j)riiitiug in the manner herein jtrovided, for such term or unexpired term, as the case may be, and shall award the contract to the lowest bidder; provided, however, that no bid shall then be considered or accepted from such bidder who has failed or reftised to execute such contract and give such bunvery contract for ])rinting in imrsuance of any award shall specify the i)i"inting and the price therefor and recpiire the doing thereof within a reasonable time, as the register may direct, or the law oi ordinance i>rovid ing for sncli ])rinting may require. The lu-inting meant in this article in- cludes <'verything of labor, skill and materials for bringing the work to the condition for its intended use and i)ur]iose. If any bidder fails to ])erforiu the contract as herein required, the same shall be subject to forfeiture by the mayor. |M. C, sec. l!)]!l.) Tliis SLHtion i.'s piir.«u;iiu to tin- |iro\ isioiis ot tho ('hartci-. .\rt. XV. sec. 1. For Iirinting contracts relating to state matters (judicial proceedings, etc.) see Rev. St. 1S!I9. sec. 4692 et seq. sot out herein in "Laws Specially -Applicable to St. Ijouis." sections 1-4. page Ifi. I Ml. A I'. -X ] OF ITI'.I.K- l-KINTINC. 1001 S(M-. 'J037. I'liblicatioii ot <»r(liiiaii<-«'s aiul public iWm'U- iiM'iits. — Kv('r\- oriljiiaiicc |i;iss(m1 I)v the iiiimi(i|i:il .•issciiililv shall W p)il)- lishc'il ill the pa|icrs tlDin-i llic city jtriiidii^ wiliiiii tive days at'lci- its aji- lir(i\al. i;iij;llsli |ia|iiTs. wiicii liiildiiij,' Cur ilir ciiy |iriiitiii^. shall also slati' at wlial prirf Iht-y will riiiiiisii liltci'ii iiiiiidi'cil |iriiil(' doeiimeltls the second time shall he iiicnired. except w Ikmi cirdereti by a vote of two-thirds of the memlM'r.s-elect to the assembly, taken by yeas and nays. The animal messaf;!' of the inayoi- shall be printed in ilie pi'ocee(lin;is of one branch of the assembly oiilv. 'I'lie annual re]Mirts n] ihe coniplrolier and other city oflicers shall be sent to the council. onl.\. and siiall not be jiriiiled in the proceediii-is id' either house of Ihe assembly, but shall be ]irinted in pam|>hlet form, the iinmber of copies to be determined liv ,1 majority of both houses of the mnniciiial assembly \>\ joint resolnl ion. (.M. ('., sec. llfjll.) Thi.x .•ii'itli>ii trmk.s the Cliartpr: Charter. .\it. X\'. «<•<•. '2: ami sec noti^ thiii-to that tlu' imhliratlnn ifinilrfil ilm's nut apply tii a S''"ial ri'Vislon (if th^- mili- nanft's. Sec. 20:i^ .loll print iii^', \nt\\ <-(>iit raclrd lor.— .Ml job piint- in;; and binding; shall be let by contract. ,ind with that \iew Ihe re;j;ister is re(|nired. when the cost of the work appro.xiniales more than one hundred .•iiid less than two hundred d(dlars. lo solicit bids from at least tive ditVerenI parties or tirms in the job printing and bindiiifr business. When the cost' of the work is estimated at two Imndred dollars ami o\er proposals shall be invited by advertisement in Ihe jiapeis doin;; the cily piinlill}:. ( M. (".. s.'c. r.lL'l.i Sot* Chart*'!". Ijitt.T part of An. X\*. set*. 1; and sor notr t«> .Maltl sectlnn. See. 2039. Priiiliuj;, prool-s of, lo whom Miibiiiittcil. — rrnofs of all priiitin<{ shall be siibmiileil lo the ollicer directly interested therein, aiirl no ]iiiblication or jirintin;; shall be done or paid for e.veejit when done in Ihe manner herein iireseribed. ( M. ('.. sec. IirJi'. 1 .Siiini- :>.•< Cliiirl.r. .\rl .\V .-om-. Sec "2040. (icriiiaii laii^iia^c — pr4»posals for priiitiri;; in, t<) in<-lui!«> wliat. .Ml projiosals for the cily printing; in the Ceriiian laii;;iia;;c- shall inclmle the cost of translation, ami all contracts for such priiiiiii;: shall be made to cover also all expenses for translation. ( .\l. 1'.. .sec. I!t2.'., I See. '_'04l. Itoiid to Ur jjivon. The re-lister shall reipiire all con- tractors under this < liapier to ^ive <^itn{\ and snflicieni bond for the faithful l>erformance of said contract, to be a|i|iio\eil l)\ the mavor. (M. <'.. .sec. l!>2l.i Sec. 2042 ('«»ntra«"ls_rlan>»' to Im- insci-t<- counted a.s a full \>:\fn-. but no entire blank [la^e shall be counted or chari:e(l for. iM. C. sec. 1!I2.". i 101)2 lUOVISlCLl CODK OR CICNKRAL 0RDIX.\.VC'L:S. [CHAP :;T. Seo. 2043. Profeediiijfs of assembly— to wlioiii furnished. — Printed copies of tlie proceed innds, notices or deeds shall have legibly inscribed thereon the imjirint of said Allied Printing Trades Council, of St. Louis, Missouri; all stationery, such as letter heads and envelopes,' shall be procured from printers or sta- ticmers possessing authority to use the imprint of said label, but it shall not be necessary that the said label be imprinted on stationery of that char- acter. (M. C, sec. 1928.) This and tlie siiccoetliiif? section are voi»3 as special legislation: they were so held to be in the case of llaeussler vs. St. Louis (No. 17526a in room 1 of Circuit Court) after full hearing on preliminary injunction; but the cause was subse- quently dismissed before final hearing. These sections have been since that time disregarded hy the oit>- auttioi-ities in letting contracts. Sec. 2046. Penalty — forfeiture, ete. — hi case any person or jier sons, firm or corporation employed to do or furnish any of the foregoing work shall violate the jirovisioiis of the foregoing section, the city register is her(-by authorized and empowered to cancel and forfeit such eni])Ioyinent or the contract under which such work, or any of it. is done or furnished, and may relet the same in the manner provided for with respect to the original letting of such work; and the person, jiersons, firm or corporation who.se emjiloyment or contract has been so canceled or forfeited shall be ineligible to bid ujion or for any such work or stationery ujion the relet- ling, and the dift'erence in cost of doing such work or furnishing such sta- I ioiiery under the contract or employment so canceled or forfeited, and under- siirh reletting, il' an\ dillerence there shall be, may be sueil for and re- eovered uiion the bond given for the ]ierforiiiance of sueli ciincelled <-ontract or employmeni. i M. ('., sec. 1929.) See preceding s.n-tion. CHAPTER 27. i)i' r,i':coui>i-:u oi'" di^icds.* vS(!c. 2047. IJeeonU'r — (|iialifi<'ations, eleetion and term.— The reconler of deeds of the t'ily of Si. Louis shall ]ios.sess tlie (jualifications jifescribed in section ten, articde four, of the charter of the City of St. Louis •Charter provisions: Art. IV. sec. 1 (term of office). It is the Recorder's duty to deliver convey.anees to President Board of Assessors: Chart., Art. V, sec. 21. .and Rev. C, .sec. 2097: and to Board Public Imp.. Rev. C. sec. 1944. Duties as to recording pl.nts: Chart.. Art. VI. sec. 1. <-MAi'. I'T.j oi' ni:coiti>Ku oi- i>i:i:i>s. 1003 for elective officers of said cilv. ami he shall lie clciicd In ilic i|iialilii'il vot ITS of said cil.v at the f^eiicral elci-lioii win-ii rciircscTiial i\s arc elected to the jji'iieral asseiiild.v of the state, and shall hold his oltice for four years and until his successor is duly elerted and i|iialilied. Ills oftirial term shall coinnience on the lii'sl of .lanuai-y next siKccedinj; his election. ( .M. (".. sec. S<<-. 2048. ('rr(il"i<'jit«' of «'l«' jiixi'ii. I'.clorc iln' mm urdn- shall enici- u|i<)ii the duties of hi.-, ullirc he shall i;i\c Ixmd to the Slate of .Missouri in I he sum of live thousand ilollars, rondilioncd for ilie faithful ]ierfoniiance of the duties of his oftice. whieh liond. shall !"■ a|i|iroved \>\ the mayoi' and louncil: said hond shall be si^iued liy two ni- more seeurities who shall he ludders of uiiininiMlirrcd real estate wiiliin ilic Cilv of St. Louis. ( .M. ('., S.-C. l!i:',2. 1 Sir. L'(),")it Oflirr to !)«• >:ic:iiil on tailiirc to jifivi' Itoiul. --If the ri'i-order nejileci lo ;,'i\i' liond and iiualil'y within iwenly days after his election his oflice shall be deemed vacant, an(l the mayiu- shall l>y ]iroclaination order an (decliou to till such vacancy for the unex|)ired term thereof, to be ludd u])ou some day iiatned in such oi-der. not less than twenty nor inoi-e than thirty davs ne.xt after the issuiu'j: of the ]iroilamatiou. . .M. (".. sec. I'.i:;::. I St with the a|>|ii ri'inrrtluK pints: Charter, .\rt. VI, sec. 1. Sec. 2052. IJcconlrr's siilar\. The reiuiiler shall reecive a salary of four thousand dullais per aiiiiniii. i .M. ('.. see. 111."!.").) See. 2t>.5.'>. ('«»llrescrilHMl b\ law. and |iay the same into the city tre.-isury daily. (M, C. .sec. VXW.) See. 20.">l I liiiployrs, lie is antlioi'i/.ed lo ap|ioini ihe fi)llo\\in;^ deputies, clerks and a.ssistanis: One chief deputy and tive [six] deputies, one of whom shall be known as "releasin;; deputy." one niarriajie license clerk, one assistant marriap^ license clerk. I-^acli of the above em|doyes shall be empowi-red in administer oaths. One su|M-riniendeiit of index folio 1004 itKVis]':!) coDi-: (ii; (;i:.vi:i:al ()Hi)iXA.V('i-:s. [chap. i'T. department, one competent dnuijrhtsman. four [eifiht] comparers, [two iii- dexers]. one delivery clerk, one [two] janitor, one watchman of records, [one mari'iafje indexer who shall lie a comjietent stenojii-aplier], and such recording; clerks in folio dej>artmeiit as the business of this department may re(|uire. ( ( )rd. lilHCK. amending .M. ('.. sec. IIKJT. ) That part ol th« above scction.s 2054 and 2055 which i.s indicated in brackets, i.s not a part of the Revised Code, but is the amendment passed in ordinance No. 22SS3. approved March ]3. 1907. too late to be included in the Revised Code. See this ordinance set out in tlie .\pt)endix. Sec. 20r)5, Sanu' — salaries — nuiubor of recordinj": clerks. — The above named enijdoyes siiall iccclve in full payment for their services the following salaries: The chief deputy, one hundred and seventy-five [two hundred] dollars j)er mouth; the deputies, each one hundred and twenty- five dollars per month; the superintendent of index and folio department, one hundred dollars jier month; the draughtsman, one hundred dollars per month; the eomjiarers, each ninety dollars per month; [the indexers, each one hundred dollars per month]; the delivei-y clerk, seventy-five dollars per month; the janitor, [janitors each] fifty dollars per month; the watchman of recoiils, fifty dollars per month; the iiiai-riage license ilerk, one htindred dollars jier month; the assistant marriage license clerk, seventy-five dollars per month; the recording clerks shall be paid at the rate of five cents per folio of one hundred words. The number of recording clerks shall not ex- ceed ten unless the increase of business of the office renders additional re- cording clerks indisjiensable. and all recording clerks in excess of ten shall be a()pointed onlv with the approval of the mavor. i ()rd. 21.")(>9, amending M. ('.. sc<-. 1<»:5S.)' See preceding note. Sec. 20.56. Disfhar}>"e <>f employes All of tlic above-mentioned employes shall be subject to a discharge at the pleasure of the recorder, who shall rejtort the facts in writing to the mayor, pr(ivided the recorder shall not at any time keep emjiloyed in iiis office more clerks and assistants than the business of his office actually ie(iiiires. i M. C, sec. 1039.) Sec. 2057. Abstracter ami indexer to be appointed. — The recorder is hereliy authorized to employ in the recorder's office an exjjert abstracter and indexer, who shall keep the books of the abstract and index of deeds, in accordance with the provisions of section three thousand eight hundred and sixteen, Kevi.sed Statutes of Missouri of 187!t. [K. S. 1899, sec. 9067], and perform sudi other duties as may be directetl by the recorder of deeds. Said abstracter and indexer of deeds shall receive a salary of one hundred dollars monthly, payable out of appropriation for the recorder of deeds. Said abstracter and indexer of deeds mav be recorder of deeds at any time. (M. C, sec. 1940.) Sec. 2058. Penalty. — .\ny violations of the firovisions of this chapter shall be considered a misdemeanor, and shall be jiunisliod as ]irovided liy law. (M. C, sec. 1041.) Sec. 2059. General statutes to be <-oniplies. — Tin- rfcoriler sliall di'vuic his wliolo lime duriii;; Dtlic*' hours to hiisiiicss of liis of fuo. (M. ('.. nov. l'.»44.t CHAPTER 28. OF nKGisTi;!:.* Sec. 2062. (Jfiieral (liitiosaiid powers. — The office of rej^ister is hereby created, and liic duties tliereof shall be as follows: TIic rej^ister shall liave the custody of the city seal, the public records, the (ii-i},'iiial rolls of ordinances of the iiiuiiiciiial asi^eiiibly. all orif^inal contrails, deeds and (•ertilicates relatiye to the title of any iirojierty of tlu; city, all ofticial penal, indemnity or security bomls, and such otlitn' records, papers and dos of ail con- tracts in his office fi)r the auilitor and i iim|itroller when reipiested so to d(» by them. The re}iister shall charjie all persons, except mend)ers of the mu- nicipal assembly and city officers, for certified copies of ordinances, records or other pajiers on file in his office, a ft* of ten cents for eyery one hundred words, and for eyery certificate under seal an additional fee of lilt\ eenis; ii;iid fees shall be paid daily to the city (rcasurer, who shall issue trii)iicate recipts therefor, one ot which shall be tiled with the (diniitroller. one with fill' auditor and the third shall be retained by the re^rister. lie shall liaye pMieral su|ieryision of the jiubiic jirintin;;, and shall see that it is executed as hereiiniftei- |iro\ ided, and shall lause to be ]irinted. tiled and preseryed in his office all ordinances passed by the assembly; shall re36. Duties formerly of County Clerk to be performed by Register: Rev. St. 1899. p. 2.162, sec. 4 C'Laws SpeclaHy Appllcnhle to St. Uouls," sec. 372). R. S. 1S99, see. 4160. siibd. 18, and see herein next succeeding note. Duties as to Liquors respecting County Clerk cast on Reiclster: .Se.- It. S. ISS'J, p. 2."ifi:i. »er. IK. Duties rom-.TnlMK Justices of the Peace and Constables, formerly of County Clerk, now In Register: Sec. 653S of H. 3. 199» ("Laws Specially Applicable to St Louis." sec. 202). lOiJii i:i;visi;i I coDK on r.K.viouAi, (JiunxANcrcs. [chap. 2S. t)U' Rfgistcr to perfoiiii tin- iliitics of a county clerk in nsiicct ot tho genera' Inws of the State: State ex rel. vs. Tracy, 94 Mo. 217; Hev. St. lS!i;i. p. 2562, sec. 4; Statutes relating to county clerks to be construed a.s appl>'ing to register^ in St. Louis, where applicable: It. S. 1S99. sec. 4160, subdivi.vion IS ("Laws Spe- cially Applicable to St. Louis." see. 373; see also 372); R. S. 1S99. page 2563, see. 10; so as to duties respecting Justices and Constables formerly performed by County Clerk: R. S. ].S'.I9. sec. 6536. See note introductory to Charter. Art. I: "General considerations respecting the Charter — transfer of old county functions. ' etc., and cases and references there cited. Sf'c. 2063. To issue all blank licenses and forms All blank licenses, tiikcis. rt'ccipts. ](orniits, cci-tiflcates or other blank forms which are intended to lacijitate or simplify the collection of the revenue, shall be issu(>(l b_v the rei^isler under the seal of the city, and delivered and chari^ed to the coni]itif. — The ottire of deputy reg- ister is hereby created. The dejiuty register shall be ajipoiuted by the reg- ister, by and with the ap])roval of the mayor, and shall {)erform such duties as the register shall direct, and he shall also perform the duties of register in case of the al>sence or sickness of the register, and the register and his securities shall be responsible for the official acts of the deputy register. (M. C, sec. 1947.) Sec. 206.5. Salaries, re}>'ister and ilepiity. — The annual salary of the register shall be three thou.sand dollars, jiayable monthly, and the ;iunual s;ilarv of the deputy register shall be twenty one Jmiidred dollars, payable monthly, i M. C, sec. 104S.) Sec. 206C. Salaries of clerks, — The salaries of clerks in the regis- ter's office shall be as follows: Two clerks at twelve hundred dollars each per annum; one clerk at nine hundred dollars per annum; and all other clerks and employes emi)]oyeil ]>ermanently or temporarily at tiie rate of seven hundred and fifty dollars each per annum, all of said salaries payable monthly. The register shall prescribe such regulations defining their duties and for their government as may be necessary. ( M. C, .sec. 104!).) Sec. 2067. Keg-ister to give bond.— The register shall give to the city a bond for the faithful ])erforinance of his official duties in the snm of ten thousand dollars, which bond shall be given at the time provided by the charter, and shall be apjii-oved of by the mayor and the council. (M. ('.. sec. IDoO.) See. 206.H. Place of (U'|»osi( of bond,— The .ifticial IhiihI ..f th.- register of the <'it.y of St. Louis, i-ei|iiired by law. shall be ile|K)siied with the coiniil roller for safe keeping, i .M. ('.. sec. 1!)51.) Sec. i!0(i!i. City seal— form of and jdace of d<>p<»sit. — The cily seal shall be in custody of the register and it sliall be of a circular shajie. one ;ind a half inches in diameter with a de\ice engraved thereon of a steiinil)o;it carrying a I'liited States flag, surmounled with a scroll in- scrilx'd with the words. "The conimon .seal of the ("ity of St. Louis." in {{oiiiaii capilals eiigiaved u)ioii the face ther(>of. No imjtression of such seal to any contract or other writing shall have any \alidity or binding oblig;ilioii njion the cily unless such impression be accomi>anied by the at- testation and signaiiuc ol' ihe registi'r. and then only in case authorized by law and ordin;ince. (.M. •'.. sec. !'.)'}-.) Sc.' riiarli-r. .\rt. IV. sec. 2.1. AItT I. OF BOARD OF ASSESSORS. 1WI7 REVENUE DEPARTMENT. Chapter 29. Of asBrsspx-nl of property. Art. I. Of board of asHissora. Art. 11. Of board of >'<|iiall7.ntlnn. Art. HI. Of taxos. ChaptiT "11. 1 If license collector. Chanter :il. Of subjects and object.? of license. Chaptir :;:■. Of collector. CH.APTER 29. OF .XSSICSSMENT UK PUOPl-.TiTV. .\nT. I. Of board of assessors. II. Of board of equalization. 111. of taxes. .MJTIci.i: 1. OF BO.\IJD OF .VSglCSSCJltS." Sec. 2070 U«>:ir«l of a.ssosHors <*roate«l. — 'Pin ic i.-; hereby <'.rcat('(l a Itoard uf as.scssors. coiisi.stiii'; of a |ir('.>ssMient district, as now cuiistitiilcd. m- wliidi may liereafter Ih' cstab- lisli(>d l)\ the iiiiiiiiri|ial assciiihl.x . i .M. ( '.. sec. lOij;}.) Sec. 2071. lioiitls of prt^siiiciit and district a.ssos.sors Tin- president <>l' ihe hoard and cadi of the dislrici as.sessoi-s, before enlerini; iilMMi their nflicial duties, shall j;iv(> honil to Ihe slate, to the satisfaction of tile niavor. wiili three or more sohcnl securities, frechohh'rs of tlie city, the said president in the sum of twenty-live tiionsaiid dollars, and the dis- tri<'f ass«'ssors each in Ihe stun of twenty-live hundred dollars, conditioned for tlie faithful iierforinance of tlie duties of tiieir oflii-e, which bonds shall Ik? executed in duplicate, one of wliich sliall he forwarded to the state audi- tor, and the other be (h'posiled wilh Ihe r(';;islcr of llie ("ily of St. Lonis. I.M. ('.. sec. ior.4.) Chart.. .Vrt. V. see. 16. Sec. •_'072. (jiialifi<-atioii.s of iiu'iiiIkts of iHiai'd. — The president of the board of assessors shall Im- of the ajje of at least thirty years, anfl, have Imm'h a resident of the city for at least seven years next before liis f|iiali tication; and eacli district as.sessor sliall have Ih-cii a resident of tlie city for at least live years next before his i|iialilication or competent for his duties from ai'tiial .service as an assessor of iimI csiaie in the ("ity of St. Louis for taxation. ( .^t. <".. sec. lO.".". i Ih. V. see. 17. See. 207.'{. .\ppoint iiiciil of dfinilic-- Mini clerks. — The jiresi- (h'lit of the board of as.scssors is hereliy anlholizcd to ap]ioint. with the approNal of the mayor, one chief deputy, two de]iiities of the lirst class, two •Pee Charter. Art. V. »ec.">. 15 to ;s. and M..t.'. trn 1(XI8 I:i;VISi:i> CODE OR GENERAL ORDINANCES. [CHAr. 20. deputies of the second class, and ten deputies of tlie tliird class, one ab- sti'aer month, jiayalilc iiiontlily. (.M. C. sec. 19G0.) Sec. 2078. Coiiipeiisatioii of (listri<'t assessors. — The several district assessors shall receive an annual compensation of eighteen hundred dollars, to be paid in monthly installments. (M. ('.. .sec. liXil.) Sec. 2079. Salaries of deputies— clerks anil drau^htsiiieu. — The compensation of the deputies, draughtsmen and clerks shall be as follows: Deputies of the first class, one hundred and fifty dollars jier month, payable monthly; deputies of the second class, one hundred and twenty-five dollars jier month, ])ayal)le monthly; de{)uties of the third class, one Imndred dollars ]ier month jiayable monthly; abstract clerk, one hun- dred and twenty-fi\e dollars per month, payal)le monthly; principal draughtsman, one hundred and twenty-five dollars jut month, payable monthly; assistant draughtsman, one hundred dollars per month, payable monthly; second assistant draughtsman, eighty three dollars thirty-three and one-third cents jier month. ])ayable monthly; all otliei' clerks, eighty- three dollars thirt\ -three and one-third cents per month. i)ayable monthly; exce])ting such additional clerks as may be employed during the jieriod from the first day of .lanuary to the first day of Se](teml)ei-. who shall receive coiniieiisation at (he i-ale of seventy dollars per month, pavable monthlj-. (.M. ('.. sec. 19(12.1 See. 2080. Pay-rolls, to be r The liresident of the board of assessors shall certify to (he audito!' the ]iay-rolls of his department, whereupon the auditor shall draw liis wairants upt)n the treasury, charging the same to appropriation for assessment of revenue. (M. C. .sec. 19G3.) AI;T l.l Ol'" HUAKll OK .\PSi:Stil)ItS lOOM St>(!. 2081. I)iiti«'s of |>r«'si»l«>ii( — iiiaj adiniiiisler oiitlis — (ii\ r«'Jnriis ;is^i^) in apptsils sir(Mi from (list rid ass«'SH«>r — li o II I' s — iiiroriiiat ion. It sluill In- llic duly nl the iiicsiilciii ut" the lioanl U) su|><;iiiiii'iiil ilic work of llic disirii-t assessors, and llic asscssnieiit of iho entire eitv; to see tliat tliey faitlifully diseiiatj;e ilieif duty, and as far as possilde malce the assessment uniform and equal tiii-oiij;liout tlie city. He shall take the entire ehar};e of the assessor's ofliee. and all maps, plats, liooks, [)apers. furniture and other property beloufiinji to the said ofliee. He shall he aeiountahle for all such plats, and shall not permit any one of ihein, under any pretense whatever, to be remo\cd from the ofliie. except iho.se which may lie re(iuired by the district assessors for the assessment of their allotted districts. He shall u.se all projier care and dilijieiice to preserve all ma)>s, plais. hooks and papers helonf:in}: to the office from in- jury, and shall hold the district asse.ssors responsihle for the return in >;ood condition of all plats that may be furnished to them. He shall alter and correct the office plats, aiul all jdats used by the district assessors as re- <|uired by law. He shall furnish the district asse.ssors with all plats, blaidis. stationery, instiuitions. and all information that may be needed by them for the proper assessment of their res|)ective districts. He shall receive the return of ](ro])erty of those u]ion whom the district assessors have ordered notice except in those cases wliere the district assessors make person service and shall administer tlie oath required by law. He may appoint one or more of the clerks in his office as dejiuties, and he or they shall be authorized to administer the oath. He shall furnish jiaper. blanks, and all necessary in- formation to persiuis desirin^r to make apjieal from the assessment of the district assessiU-. He shall in iiersoii be :il his office excry worUinj; day. diir iuj; office hours, except when enj;aj,'ed in his dniies as assessor, or absent on leave, and shall furnish informati(Ui on all matters pertainiti;^ to the as- sessment of property, t M. C, sec. lflG4.) Tlie pre.sldpnt of the board sliall causp to be prepared plats covi-rluic all tr.-iot.s and lots of land In the city: R. S. !«!!!». s-r 9169. Sec. 2082. QiiaUficalion and (luli«-s of ('liiff f nil of tin- •ll.>itrU't.« wiTi' nItiTcd by ord. 229nn, aiiprnved Mari-h 21. 19ftT tafliT the approval of the Revlned Code, and henee too late to appear therein >. See thl« ordlnancf net out In full in Appendix. 1010 REVISKD coDi: on OKXKiiAi. or;iiiNAXcr-;s. ICHAI". 29 Sec. 2085. First district.* — Shall ciubiaif all tiiat tcmtory bound- ed on the north by ("iiordkce street from ili.ssissii)iii Eivei- to Grand avenue and McDonald avenue Ironi (hand avenue to IJent avenue, thence norttf along west line of Bent avenue to Ar.senal street, thence west ^jlong Arsenal street to Tower Grove avenue extended south through Tower Grove Park, thence north through Tower Grove I*ark and Tower Grove avenue to Mag- nolia avenue, thence west along Magnolia avenue to Kiugshighway boule- vard, thence west along ("olunibia avenue to its junction with Old Manches- ter road, thence west along Old Manchester road to city limits of eighteen hundred and seventy-six: east by the Mississip]>i Kiver; south and west by citv limits of eighteen hundicd and seventy-six. ( Ord. 21025. amending M. C.."secs. 1008-1977.) Sec. 2086. Second district.' — P.ounded on the north by Trudeau street and North Trudeau street from Mississippi Kiver to Broadway, and Shenandoah avenue from Broadway to Tower Grove avenue; on the east by the Mississippi River: on the south by Cherokee street and McDonald avenue: on the west by Bent avenue and Tower Grove avenue and its ex- tension through Tower (irove I'ark to Arsenal street. (/&.) Sec. 2087. Third district,* — Bounded on the south by the north line of the Second district: north by Miller street from Mississippi River to Broadway and Park avenue, from Broadway to Tower Grove avenue; on the east by the Mississippi River, and on the west by Tower (irove avenue. iU>.) Sec. 2088. Fourtli district.* — Bounded on the south by the north line of the Third district: on the east by the Mississippi River: on the north by Clark avenue from the Mississippi River to junction of Clark avenue witli Manchester avenue, thence west along Mancliester avenue to south line of Clayton avenue, thence west along Clayton avenue to Sarah street, tlienee south along Sarah street to south line of Manchester avenue, thence west along ^lanchester avenue to Tower Grove avenue, thence south along Tower Grove avenue to Park avenue, point of beginning. {Ih.) Sec. 2089. Fiftli district.* —Bounded on the south by the nortli line of the Fourth district : on the north by Lucas avenue from ^Mississippi River to Grand avenue and DelniaT- boulevard from Grand avenue to Sarah strwt; on the east by the Mississipi>i River; on the west by Sarah street. (lb.) Sec. 2090. Sixtli district.* — Bounded on the south by the nortli line of the Fifth district; on the north by MuUanphy street from Mississijipi River to Broadway and Cass avenue, from Broadway west to its junctif the Tenth ilistiict ; cast h.v Sarah stnn't fnim Finncv avciuie to Ashland avcnnc. and rhiv avt-niK- from Ashland avenue to Nainral liiidp- toad; north l)_v Natural l!ii5 .\nal «luti«>s of (listrit-f asst'SHors — iiotico of (liir»'r»'iict' in fax ass^'ssint'nf s. .\ll distriet assessors a])i)ointed by the iiia.\or and eonlirmed by the coumil shall hold (heir oftice in aceord- anee with seel ion two, article finir, of tlie cliarter; shall be under the con- trol of the ]iresideiit of the board of assessors; shall obey all oi'ders einanal- iiif; from said officer, and shall, in addition to all other duties ])resci'ibed l>y charter and ordinances and after the tirst of .lanuaiy in eacii year, and until the adjonrnnient of the boaitl of ei|iiali/.at ion. coiilinue to ^ive tlieii' services to the city for the imrpose of revisiuf; their assessuieni, e(|uali/.in;;' real estate and jiersonal jiroperty, examining the returns madi' in the oftice l)y tlie tax payers, et cetera; and should there W. a material dilVerence in the values of personal property as made by the ]iroperty holder and the district as.sesscu-. it shall be the duty of the district assessor to at once notify the owner or a;;eni that such ditference exists, and that he may be heard, jiivinj: time and jilace of such meetin-i. with the object in yiew of a more eflicient and com|ilete assessment. After the adjournment of the board of ei|uali/.a- tion and until they commence their assessment, it shall 1m' the duty of the distriet asse.s.sors to review their n'siK'ctive districts, cidlectin;; u.seful data for tlieir next assessments, such as rompilinji an absti-act of all bona tide sales, examiniu'; buildin;p< in i'our.se of erection, or other desirable infor- nuition conci-rninj; ix-rsonai pro|M'rty. (M. {'.. .sec. r.ils. i TIh' axHiKHor rannot raise lln- nliirn miiil<- l>.v ii i>rr «»f «lrr«ls to ilrlivrf «li-«' bB of each of the ten dlstrli-ln \vs of tiie assessment shall he allowed and paid by the ("ity of St. Louis in the same manner as other demands against the city are allowed and paid, and when the aggregate for each year's assessment shall have been ascertained, the auditor of St. Louis shall certify the same to the state auditor, whose duty it shall be to draw his warrant in favor of the Citv of St. Lotiis for one-half of said assessment as provided bv law. I. M. C see. 1981.) Sam*:- as Charter. Art. V. sor. 2:'.. ARTICLE n. OF l;0.\HI) OI" F.QUALIZATlciN'." Sec. 2099. Board of equalization — diities and office of — ai>peals to.— There is hereby established a boani of equalization, consist- ing of the i)resident of the board of assessors, who sliall be president thereof, and four discreet and experienced real estate owners of the City of St. Louis. of a prior residence thei'ein of ten years, who shall be ajipointed by the judges of the Circuit Court of the Eighth .Tudicial Circuit, on the second Monday of March annually. The duty of said board shall he to adjust, cor- rect and equalize the valuation of real and ])ersonal property in .said city. It shall meet at ten o'clock in the city assessor's office on the third Monday in March annually, and shall remain in session for four weeks, if business i-erpiires it, and no longer. Said board shall hear and determine all appeals in a summai-;\" manner; they shall also do and perform all other duties ira- l)osed on or re(|uir(>d of them by section Iwenty-four of article five of the cily charter, i M. C.. sec. 1982. i' Sec. 2100. Compensation of hoard and carpenter.— The compensation of each of the members of said board (excepting the president thereof) shall be five dollars for each day's actual service as a member of said board; b)it no compensation shall be given to members for days they may be absent from the rcgulai- meeting of said board. The compensation of th<' carpenter and practicil builder shall he t'ight dollars for each day's actual service while he is eiiiplu\<'d by the board, i .M. ('., sec. 1983.1 •See Charter. Art. V. sees. 24 to 2S. and authorities there cited. If the as- sessed owner does not appeal to the board, as provided by law. lie can not be heard to complain so long as his property is clearly taxable under some law: State ex rel. vs. Tobacco Co.. 140 Mo. 21S: St. Louis, etc.. Ins. vs. Charles. 47 Mo. 462. The board of equalization or appeals acts judicially, its orders are not im- peachable collaterally, except for fraud or lack of jurisdiction: State ex rel. vs. V'alle. 122 Mo. .>:!; hence certiorari is the proper mode of reviewing its proceed- ings; State I'X rel. vs. Dowling. 50 Mo. 134: Ward vs. Board. 135 Mo. 309. The right to appe.al to the board of equalization is equivalent to "a day in court." so to speak: .^tate ex r>l. \ s. Cuniniinijs. IIM Mo. I. e. •'■?; ,**tate ex rel. vs. Seaborn. 139 Mo. 1. c. 609-610. i-UAiv ;!«,! Ill- LicKNSH rouLHi'TDi: ank licknsk kioviskjn. lOlH St>o. 21(11. Qiialilicatioiis of hiiihier— oaOi aiul tliitios Tin- <:ir|i('iit('f ami |ii-artifal liiiililci-. \\\\i> iiia.v ho ciiiplnvcd liv the hoard, sJiall ])i)s.st'ss rlie (iiialitii'ations of a iiifirilici- Ilicrcor, and tic cxjici-iciicod iis a ( the city f:ov- ernment. payment of the cii\ debt and interest thereon, and for the im- provement of the city, a tax shall be levied annually, to be fixed by ordi- nance, upon :ill property math- taxable by the laws of the slate, within the limits of the city. ( .M. C. sec. I(il It Is provld<-d that "every person, llrm. association or corfioratlon. shall owe to the llo-nse collector all anil every diit.v now due by Miw or ordinance to the ilt\ collector of the revenue or to the license commissioner, or other city officer of such city, with reaped to the assessment, levy. Issue, transfer or rovoklnB of licen.ses. or llci nsi- taxes, for uny purpose whatever; nil and every duty of salil city collector, license commissioner and other officer of such city imposed by law er- 1014 REVISED CODK OR GENERAL ORDINANCES. [CHAP. 30. sede all incctnsisteiit ordinances, sec. 1 thereof displaces M. C. sec. 1987, now R. C, 2104, (which had created the office of commissioner); sec. 2 (providing for the election of the license collector, his term, bonds, etc.) supersedes inconsistent provisions of the Mun. Code contained in sec. 1988. now H. C. 2105; M. C, 1999. now R. C. 2116, etc., on the same subjects, as well as M. C. sec. 2002, now R, C. 2122, referring to location of his ofHce in City Hall. Sec. 3 provides that all licenses except water, drainsliop and boat or wharfage licenses be issued l>y the license collector, thfreby superseding M. C. sec. 1989, or R. C, sec. 2106, which conferred the like powirs on the commissioner: said sec. 3 also supersedes M. C, sec. 1992, or R. C, sec. 2109, as to revocation of licenses, and M. C, sec. 1998, R. C, sec. 2115, upon the subject of prevention of carrying on businesses, etc., without licenses, and reporting such violations to police court. See. 5 of tlie act supersedes similar provisions in M. C, sees. 1090 and 1991, being Rev. C, sees. 2107, 210S, on subject of application, statement, form, payment in advance, re- ceipts, etc. Sec. 6 of the act supersedes M. C, sec. 1993, or R. C, sec. 2110, with respect to the record and classification of licenses, with which it is nearly iden- tical, except as to tlie name of the officer. And sec. 4 of the act (providing for turning over by city collector or license commissioner to the new officer of books, papers, etc.. and imposing on the latter the duty of collecting all informa- tion necessary to taxing, levying and issuing licenses, etc.) supersedes M. C, sec. 1994, or R, C. 2111; sec. 7, above quoted, displaces M. C, sec. 1997, or R. C, 2114; sec. 8 supersedes M. C. sec. 2003, or R. C, 2123, with which it was identical; and sec. 9, providing for employes and their salaries, displaces M, C sees. 2000, 2001, or R, C, 2117 and 2118. Sees. 2004 and 2005, or R. C, 2124 and 2125, are also set aside by the effect of the new act. It is thought best not to undertake to omit from this revision these superseded provisions, since they have not been formally repealed by the Municipal Assembly, and possibly opinions ma.v not always coincide as to the extent of their extinction by the new statute; lience they are retained and such sections as it is thought are superseded arc indicated by being enclosed in brackets, with a notation of the statutory sections with which they are supposed to be incompatible. Sec. 2104. [Office of license eoiiimi.ssioiier licanl a statement in writing, tlint upon the paymtMit of (MAP. 30J Ol- LRMONSK COLLECTOR AM' I.UlONSi; ItlOVISION 1015 f . . . . (stating ilic aiiioiiiil of the license tax tn- tax rci|iiirc(l by law ov ordi- iiatiri'), a lifcnsc oi- lax riMcipi as ilic rasi- mav Itc. will be issued to such applicant.] (.M. ('., sec. l!t'.)(l.) Sliporsoiloil l>v Acts l!>ni, p. iiM-iit ol aiiioiiiit ol li<"«'us*' prior (o is.sii- iiiK'C. — rpou receiving the statement mentioned in the piecedin}^ .section, the applicant shall pay to the city collector the amount named in such .statement, takiii>; thereroc and delivering; to the license coinmissioiicc dupli- cate recei|)ls. kiic of which shall lie tileil with the city comptfollcf. and tiic other shall lie tiled with the license commissionei-. who shall then issue the license m- tax i-ei-eipl to the ajiplirant I'nr tin- pci-idd rcipiircd li\ law (ir .iidiiiame.] i M. ("., sec. I'.Mtl.j SuptTSi'ded l>y .Vrt.s 11101. p. 81. soi-. D. Sec. L'lOii. [Kovokiny lirtMist'. The li( cnsc rdnmiissidiicr slmll have rtiiihoi-ity to revoke any liieiise li.\ hini iiiaiiled. it the person to wlioni the lictMise has been issued shall lia\e been cunvicted ot the violation of any of the provisions of the laws or urdinances relative to such licenses.] I.M. ('., sec. i:t;i:i.i Now gdvorm-il hy Aits lOfil, p. Sft. sfo. n. Sec. 2110. [lU'cord and cla.s.siliratioii of lirt'iisos. — The license commissioner shall keep ii separate record for each kind of license or tax receipt which he is authorized to issue, in each of which shall be rec open to the mayor, comptroller, and of such officers as may be provided by ordinance now or hereafter.] (M. ('., sec. It)!).'!.) Now Kovirntd hy Acts 1901. p. SI. sec. 6. St'c. 2111. [Dulit'.s of Iic(>ns(> coiiiiiiissioiuM*. — It sliall be iheduty of the license commissioner immediately after lakin^j chai'fic of his office to obtain from the collector, and it is hereby made the duly of ilic colleclor. to transfer to said licen.se coniniission(>r. all books, pajiers. data and blanks relatiuf: to the assessin;;. levyiii;;. issuing, tiansfeirin^ anil revokin;; of licenses and license taxes. The license commissioner sliall at once proceed and obtain a complete list of all persons, tirins. associations and corpora- tions who are required under the laws or ordinances, to obtain a license or pay a license tax, and he shall collect all information which may be neces- .sary for the proper a.s.sessiii};, levyini;iii.v.\N"i'i';s. ichap. xo. ul Icii years, who shall lie a|i|i(>iiilcii by the coiiTu il in the iiuinlh ot May. aiimially. U is hereby made the duly of said board ro review, adjust and cofi't'ct tlic lists of persons wlio are to ])ay licenses and lieense taxes in saici cify. Said board shall meet on (he third Tuesday of June annually, and shall remain in session for four weeks, if business re(|nires it. and no lonj;er. Said l)oard shall iiear and determine all ai)peals in a summary manner, shall revi(>\v. adjust and correcl the license and licens(> tax books accord inyly, shall determine as far as possible whether all persons have been listed who are re(piired to have a license or pa.\ a license tax, and whether all per sons have made correct returns where s>ich returns are recpiired by law or ordinance in connection with licen.ses and license taxes, and to this end shall add or strike off names. It is hereby also made the duty of said board to carefully examine all bonds which have been <>iveii to the collector undei- the provisions of the laws and ordinances relatinj; to licenses and license taxes, and before final adjournnjent to i-ejiort in writinij to Ihe mayor any and all bonds which are not in due form of law. or of whose solvency ( there i is any reasonable doubt, and also a list of all cases where Ihe collector has failed, insprojierly, to require a bond to be filed. It is hereby made the duty of the collector to render such assistance and to jjerform such services in connection herewith as the said board may direct, and all the books and papers in the collector's office shall be ojien to the members of the board of license revision. The said board shall have ]iower to send for ]iersons or jiapers and to comjiel the attendance of witnesses, and to this <>nd the mar- shal of the city shall execute sut-h process as may be issued by it. The ma- jority of said board shall constitute a quorum, and a majority shall deter mine all matters of appeal or of revision or correction of assessment. The license commissioner [now license collector] shall personally attend all meetinjjs of such board, and shall render such assistance and ]>erforin stich services as the said board may direct. The members of such board, before enterin;>- upon the duties of their office, shall take and subscribe an oaili before the city register similar to that reipiired of all city officers. (M. •'., sec. l!)!)u.) The provisions reiiuiring bond in many cases of veliicle licenses liave been repealed, so that to that extent the provision in this section is obsolete. See note to R. C. sees. 1817 to 1820. Sec. 2113. Compensation of members of board. — The com- pensation of each of the membei-s of said board shall be ten dollars for each day's actual service as a member of said board, hut no compensation shall he fjiven to members foi- days they may be absent from the rejjular meetiii;; of said board, rmmediately after the final adjournment of the board of license revision in each year, the license commissioner [license collector] shall make out and certify a jiayroll, and state therein the number of days actually served by each member of the board and the total amount each of them is entitled to receive as comjiensation in full for his services; said amount shall be char<>ed to ap]>ropriation for license commissioner's [license collector's] office. (M. C. sec. 1!l!l(;.) Sec. 2114. [Transfer of diiiies to license conimissioner. — Ev ery j)erson, firm or coijioialion shall owe fo the License ( 'tjiiiniissiouer all and every i.i,i:<'TiiR anu mcioxsi: i;i:visi<>n. KUj si!vi'iitvsi.\, of oriliiiaiicf iiiiiiibci' sovt'iiti'iMi tliousainl tine liiiiulrcil i'ij;lilv- cifjlit, is licri'li.\ I raiisri'iiTil to the Litcnsi' ( 'oiiiinissioiHi-. riiiici- I In- aii- llioritv of siM'tioii lliirt.\ four of llu' Sclu'iiic, cvci-.n |h'Isi)1i. linn or corpora- lion sliali owe lo llic l.icfiisc ( 'oiiiiiiissioiifr with n's|ic(l lo liic asscssniciii. ii'vy, issue or IraiistVi- of liiciisf taxes or licenses for aiiv |)ur|iose \\liale\cr ill the City of St. I.oiiis. all and e\t'r_v duty due to the ("oillily Court, the Clerk of tile County Court or I lie County Collector, as iirovided in cliaplers fourteen, si.xteen. Iwenly-fonr. one hundred and si.\. one iiundred and eleven and one hundred and to tin- license coinniissioner. | i .M. ('., sec. liHt". i This section Is of roiirso .superseded. It provided for tlu! conditions on trans- fer of the old duties from tlie old ordinance liounsi- collo-tor to tlio license coiu- inlssloner. Tin- latter In turn was almllshed when the statutory license eoHector In turn displaced the ordinance, license coninilsslom-r. See note to article head- in k- See. i;il.'>. [P<>li<*«' lo r«'iM»rt violations — lir<-iis«> coniiiii.ssiikiuT to report and s«M'ur»> arro.sls and <-on\ ictions. li shall lie the dniy of the jiolice 111 pii-veiil any persons carrying on a lilisiness or ohjecl for which a liceii.se is reijuired without haxiiiji a liceii.se for that purpose, ami they shall report to tlie license coinniissioner [now license collector) all violations of the laws and ordinauces relatiuK to licen.ses and license taxes. The license coniniissioncr (now license collector] shall rciiort to (he jiolice all persons who fail to take out the proper license or |i;iy the license tax, and the police shall cause the arrest and ciiii\ ici inn ul sinh oti'eiiders. | i .M. C., sec. l!t!tS. I .See Acts 1901. p. SO. sec. 3. Sec. 2 lit). [Salar> and hontl of licen.>*«' coinniiH.sionpr. The license coiiiniissioiier sliall receive a salary of four thousand dollars per annum, payahle monthly. lie shall ^jive bond to the city conditioned that he will faiihfiilly |ierft>rni all the duties of liis olVice according to law and ordinance. Such bond sliall he in the sum of tifty thnnsand dollars with at least three solvent sureties, who are ownei's of uniiicumliered re;il esiaie in the City of St. Louis, or a surely coniiiiiny chartered hy the State of .\lissouri. aixl shall Ite suliject to the approval of ilie mayor and council.] (M. C.. s.'.'. i;t!t!».) No loHKer In force because of Acts 1901. p. S2. sec. 9. tlxinK the salary of license collector at l-I.OflO per annum. Sec. LM17 [Kniploye.H — appoint nii>nt — liri'nsc iNANc"]os. icuap. so. tlicui, lor administeriufi .siuli (citlis. He shall also appoiut, subject to the approval of the mayor, one stenographer. He shall also appoint subject icj the approval of the juayor, permanent inspectors, not exceeding tea in number. The license commissioner and his suretie.s shall be responsible for the official acts of all employes, appointed by him, and he may require bonds or other secnrilv for such empl()\es to secure himself.J (M. (".. sec. N'o longer in i-flcct liccaiisi' of Law.s liiOl. p. 82. sec. 9. See second note below. Sec. 2118. [Salarie.s <»f employes. — The compensation of the em- ployes is hereby tixed as follows: The chief deputy at the rate of two thousand dollars jier annum; assistant deputy at the rate of one thousand live hundred dollars i)er annum: four clerks at the rate of one hundred dol- lars i>er month; permanent inspectors at the rate of seventy-five dollars per month; stenographer at the I'ate of seventy-tive dollars per mouth; all other clerks, whether iiermauent or temporary, and temporary inspectors, at such rates as may be api>ro\ed by the mayor, not exceeding .seventy-five dollars per month in any case, all [)ayable monthly.] ( JI. ('., sec. Ut)01.) Nftt in force. S'-e note tielow. Sec. 2119. Employes of lieense collector. — The license collector is hereby autliori7.eusan the license col- lector, and to indemnify him against any acts of s;iid cniploye.s. (Ih.. se<-. :{.) Sec 2122. [Lieense oltiee located. — The license commissioner shall have his office in the new city hall, in such rooms as may be designated by th<' mayor.] (M. C. sec 2002.) .•\cts 1901, p. SO, ."iec. 2. S(w. 2123. ["License" and "license tax" defined.— The words "licen-se" an\ law or oidiiKiiirc aud also the tax on telegraph and telephone jioles. the do^ tax, ilic nicriliaiits' ad valoi-eni lax. ihf iiianiiraclnrcrs' ad valoiciii lax. (he vchiilc license lax and the speeial lax on lureifiii insnrance CDnipanies. and exce|>tinj; alwa.vs iiiamsinni. walei- and lioal or w harlaye lieeiises.j i M. ('., see. L'lHi:!. i IdentUiil with tin- iifW law. Acts I'.Kil. p. SI. sec. S. See. 2124. [( '<>llr«l«>r (<> ri'e«'i v«' nioiM'.\ . It shall lie iliediiiv of ihe Collector to colleii all taxes, liceii.ses and license taxes which lie is now reiiuired by law oi' oi'dinanc(> to collect. The License (Jonmiissioner shall have no authority to collect any taxes, licen.ses oi- license taxes for anv l>ur|iose whatever.] i.M. C. see. J(MI4. i Supersofli'd t)v .\<-fs 1001. p. SO. Sec. 'Jl2."i. I \N luMi li<-t'iiso coniini.s.sioiKM- ordiiiaiire «>llt'»'liM'. — The ordinan<-e ereatiuji the office of license coniinissioner shall n(»l <;o into lone and effect unlil April 14tli. IS'tT.] (.M. ('.. sec. L'Oli.-.. ) Tills si-i'tlon is of course suporsedeil. CH.APTER .)!•. OF SUrUlCCTS AND OI!.IIiCT.S OI'" I.ICIONSI';. AHT. I. Of aui'tlonoors. 11. Of bankcr.s. brokers anil insurance companies. III. Of coniniission merchants and merchandise hrokers. IV. Of dramshops. V. Of electric batteries. VI. Of fortune tellers and asirolo^ist.s. VII. Of hotels and boarding houses. VIII. Of house and real estate agents and brokers. IX. Of IntelllKence oftlce.i. X. Of manufacturer.s. XI. Of merchant.s. XII. Of ordinaries and restaurants. Xin. Of pawnbrokers. XIV. Of peddlers and hawkers. ' XV. Of railroad ticket brokers. XVI. Of steamboat, hotel and railroad runners. XVII. Of stockyards, sales stables and liorse and cattle dealer.s. XVIII. Of street railwa.v companies. XIX. Of vaiilt-eleaner.s. XX. Of sundr.v vocations and mlse.-llani-ous provisions. .MMHI.i: 1. • •I- xic'Tii >ni;kijs Sec.212t>. AiU-ti«>iU'«T di'liiUMl. — WhtM-vcr shall .sell or oiler lo sell any f;oods, wares or merchandise, or other jK'rsonal pro|K»rty or any n"al estate or interest then-in. at any store, stand or other piac(» in the city at )iiililic outcry, whelher the same shall lie exem|il from auction duty oi- not. for his own ;.'ain. or shall advertise, oi' in aii\ niliei- way hold ^li!llself out *Aa to tlic rlKlit of the city to enact ordinances to "Uccnsc. tax and refculate" the various vocations, trades, business, vehicles, conveyances, cars. etc.. and tn suppress certain occupations, see Chortor. Art. III. sec. 26. clause fifth, and the annotations thereto ainond.-d XI 1020 Ri^visi^ii roDi-: OR i;i;ni:rai, oi:ijiNANci-;s. [Chap. si. as au actioneer fui- ]i\il)li<- jmli-onajii'. or shall roceivo IVi-s as a commissiou for his sei"vic-es, is hereby lieclaicd to he an auctioneei-. i M. (,".. see. 200(!. i See. 2127. Ijiceiise iimst he jn'ocin'od.- .\o |iei-soii shall e.xer- cise the business or tiade ol' mti aiicliolieer. oi- sell :iii\ |no|(erIy at jaiblie auction or onlery willioiil :i lii-elise thereroi- lirsl Imil :inil iilihi iiied. lAI. ('.. see. 2007.) Power to licen.se, Ijix and reg:ulate: ChMrt.. III. sec. -G. claii.se .'». One licensed as auctioneer can not delegate his authority to sell to another: Stone vs. State, 12 Mo. 40(1. An auctioneer in the City of St. Louis is compelhnl to obtain a license from the state as well as from the citj': Simpson vs. Savage. 1 Mo. 3.t9. A per- son may be guilty, under the act to license auctioneers, of exercising a trade }iioved by the collector in the sum of tive hundred dollars, conditioned for the faithful observance of this article; provided, further, that the i)rovisions of this article shall not be so con- strued as to include any one who shall be acting as a trustee under the jtrovisions of a deed of trust or in any leijal capacity whatever. (M. ('.. sec. 200.^,) .Sec. 212!). Lieense of fruit auctioneers. — Any person or persons or comjiany of persons licensed as agents or dealers in fruit may obtain a license as fruit auctioneer upon the jiaynient of one hundred dollars, which license shall continue in force for the i)eriod ol' one year, and no such per- son or jiersons or company of jiersons shall be permitted to sell fruit at public auction without first lia\ iiif; obtained a license as fruit auctioneer. (M. P.. sec. 200n. I Sec. 2130. Stock auctioneers — license of. .\ny person or per sons or company of persons licensiHl as agents or dealers in stocks, bonds or other securities exclusively, may obtain a license as stock auctioniier upon the iiaynient of fifty dollars, which license shall <()ntinue in force for the jieriod of six months, and no such person or jiersons or company of Jiersons shall be jierinitted to sell stocks, bonds or other secui-ities at auc- tion or jiublic outcry without fii-st liaving had and obtained a license as a stock auctioneei-. (M. ('.. sec. 2010.) Sec. 2i;>l. Heal estate auctioneers — licens«' of.- .Vny jierson or Jiersons or comjiany of jiersons licensed as house and real estate agents or brokers may obtain a license as real estate auctioneer ujion the pay- ment of two hundred dollars, Avhich license shall continue in force for the jieriod of In- ki'pt. Aii_\ lu-rsoii or iier- SOII8 cuinplyiii}; with the priivisions t'olldwiii}; in this arlii-h' art- aiithoi*- i/.slal)iisli and k«'t'i) a ]>iiliiic luirsc niarUcI al an.v place within the lily I not in Ihc sliccls thfrcoti. lor ihc sah- of horses ami oilier li\e slock, anil foi' l>ii;;';ies, caiTianes. wajjons ami \(>liicles ol' all descripi ions ai |iiililic auction or ontcrv. iM. t\. sec. "Jltrj. i Sec. 21 ;>.■>. license— ttTiii and aiiioiiiit. I'lpoii the ]>a.vnioiit of liflv dollars li\ anx iktsoii or jiersoiis a|i|il\ini: lliereloi-. a license sliall lie issiiivi in the manner that other licenses are issued loi- (lie |pnrpose men tioned in the next precodiiif; section to such per.snn or persons I'or ihe periiicl of six niiinilis. i M. C, sec. 20l.'{.) See. 213t l,i\«' stock not (<» In- soUl on Htr«'«'(s :tl an<" tion. — No hor.ses or oilier live sIck k sliall lie sold upon Ihe siieets at pnldic anclion. iM. C. see. 21)14. i See. 2i;{r>. Hond lo hv ji'ivvu l».\ lior.sc aiirt iont'iT. Ilvirv person licensed as a horse auctioneer, as al'oresaid. shall ^ive liond, willi two ;;oo(l .secnriiies. in (he sum of two (honsand dollars, who shall lie own- ers of iiiiincnmliered real estate in Ihe cilv, condilioned for the proleclion of anv person iiitrnsi ini;' horses or other slock lo said aiiclioiieer lor sale, ami lo ;:iiard the pnhlic against I'rami or misrepresenlalion on the pari of said auctioneer. iM. ('.. sec. 201.").) Sec. 2i:!G. IN'iialty.- .\ii\ |ieis \isions of this arlicle shall lie deemed <;iiilly of a niisdemeanor. and ot> conviction thereof, shall hi' lined not less than one hundred ilollars nor more than li\c Inimlred dollars, for each and e\cr\ olfeiise. lo lie sued for and recovered as in other cases of lireaches of ordinances, and al the dis- or«'tion of ihe ma\or. shall iVirfeil his liciMise. iM. ('.. sec. 2i>Hi.i .MM'hl.i; 1 I. ( iK e. \M< i:i;s ia;"Ki;i;s anp> insii: wii: i i ■\iiami:s See. 2I37. IJankern, et*"., lu'«'ns«' rtMinirfd of. .No per.son. linn. eonipanv or corporation shall, in the ("ity of St. Louis, carry on Ihe Imsi- ness of hanker, hankin;; cor|ioral ion or insi ittil ion. or hroker o( or for any such, or of a linancial aueiii or liroker. or of an insurance company, or of a miniiij; slock hroker. withonl liavinj; lirsi ohiaiiied a license Iherefor: sai«l license may. at Ihi' discretion of Ihe appliianl. he issued for six or twelve months, in advance, lint not for a less liiiie than six nionlhs. iM .('.. .sec. 2017.) riiili-r til., old Cliarter (now nltiTiil In II1I.1 rcMpci-t) tin- |ii.w..r wa.t only to "licenst*." In i%"blrh case an orillnnncf for rfvi-niu- wnt* not aiithoriZ4*cl : St. l.oiilt« vs. Bontni«*n'.^ Ins*. Co.. 47 Mo. IJiO. An to ritrlit I'f city to tax Insurance roni|>iinl>..s. mc Home. Inn. Co. vn. .\io;ii.. At i;i:c 'I I AXJ > ISI-: IHic )K lOltS. Sec. 2145. Coniniission mer<*hant (U'finetl.— I'-veiy |ierson, firm or cori)oiaiion ha\iiig a jilace of bnsiness who for anorlier ]iersoii and for a AUT rn 1 III- i-ii.M.MissioN .\ii;m ■HANTS AND .Mi:i:i'iiANi>isi-: nuoKKiss. iii'j.'j coiiiinission or other roiiipfiisaiion. Inivs or sells, or leeeives on coiisif^n iiieiit for sale, or iie;;oii;Ues lielweeii tlie owner and imreliaser for tlie jini-- cliase or sale of anv ^ooils, wares and niereliaudise. Hour, ^rain. provisions. eountrv prodnee or other artieh^ of eoinineree. is liei-eliy deilared lo !«• a eoiMiiiission niereliant. i M. <".. see. •JH'J.". I Se<'. 214(1. Aiiioiiiit of lii'i'ust' — oath i»'<|nir«'(l. — Kver.v eoniniis sioii uiorehaut shall pay in advanurchases and s.iles are over three million dollars, the sum of five hnndreil dollars. .\nil each a])idicant for a license shall make an atfidavit of the amount of his purchases and sales as aforesaid during; the preceiliuj; year, ^m which lie has received commis- sions or other form of prolif. and the license for the curi-ent ye.ir shall he hased upon the amount so sworn lo; j>r()vided. no lieense shall he issued for h'.ss than twenty five dollars. |M. C, see. 2020.) Sec. 2147. M< rn shall nej,'otiate iM'tween the ownei- and ]Mirchaser. or their respective a;;ents, for the jmrchase or sale of ^oods, war«'s and mercliandise, or oilier articles of commerce, is herehy declared to he a merchandise hroker. whether sneli negotiations are on his own aeeouni m iliat of an employer or other (wrson. (M. ('., see. 21127.) S. c 214S. Iiir«*ns«' of iiHTi'liaiMlis*' lirokcr aiul agents or as sistaiits. I'.very luerchandi.se hroker and e\ci\ inemlier of a linn or com pany of merchandise hrokei-s. and every clerk and assistant thereof, doing Imsiness as such in this city, shall ]»ay in advance for an annual liccns<- the sum of fifty dollars, i M. C. sec 20-_'.S. i Sec. 211!'. I'ciially. .\n\ person doing Imsiness as a merchandise liroker. or commission merchant, uheiher alom or as a memlier of a firm ]024 l;i;VlSi;i 1 CODE OR GENKKAL OHUlNANCliS. [CHAP. 31. oi- coiiiiiiinv or hrokci's, ur as a clerk ov assistant, or ciiiiiloye of .such per- son or tii-ni. witlioiit tlie license provided for in this article, shall be deemed j>uilty of a misdemeanor, and upon conviction thereof shall pay a fine of not le.s.s than twenly-fixc dollar.s nor nmrc than five hundred dollais. (M. <'.. sec. •JOi>!).) .\KTl(l,i: \y. OK DRAMSMol'.'-.- Sec. 2150. I )raiiisli«n) keeper defiiu'd. — [A dramshop keeper is a ])crson permitted l>.\ law or ordinance to sell intoxicatinji li(piors in any quuntity less than one jiallon. No j)erson or copartnership of persons or corj)oration shall, in (his city, directly or indirectly, in j)erson or by an- other, .sell, barter oi- deliver, for or on his or their account, any intoxicating li(piors in (plant ities less than one i;alloii. wilhoul a license first obtaincMl therefor, accoi-ditl}; tii llie provisions (if this .iiticle. as a keeper of a di-ani- shoi). I ( M. ('., sec. L'O;!!). I Dramshop ko.'pi-r defined by statute: R. S. 1.SS9. si-cs. 2900. 2991: see. also. L;uvs 1907, p. 2,t4. Above ordinance doe.ramshops and Excise Com- missioner), see further State Laws Relating to St. Louis, auU, sees. 229 et seq.. pp. 122-124. ART, IV. 1 OF IJRAMSIIOI'S. 1025 .•X rel. vs. Scliwclckardt, 109 Mo. 496. 513. In State ex rel. vs. Bell, 119 Mo. 70. 14, the court says: "The general law provides that no person shall sell Intoxloatlns liquors In any quantity less than three gallons, either at retail or In the original package, without tukInK out a license as a ilramshop keeper; and by the ordi- nances of the city of St. Louis a dramshop keeper Is a person permitted l)y law or ordinance to sell Intoxicating liquors In any quantity loss than a gallon. The State license, It will be seen, differs from the city license. The .State llcen.se may begin at one tlmo and the city at another." See. 2151. Application for liciMise. — [Apiilicaiimis lor :iii_v liccn.sc iindiT this article siiail In- iiiaili' in writiiij; to tiii' liciMisc i-oininissioni'r and siiail state speellically w iieiv tlio ilrainsliop is to be kept; aiui no license shall he uranled unless siicii a|iplication be accompanied by a |ietition sij^ncd by a majority ol' ilie assessed taxpayinj^ citizens in the block or sijnare where it is jnoposed to locate tlie dramshop; and said petition sliall ask that such license be yrauted, and such petition shall be renewed yearly thercufter on each successive fourth day of July. In ca.ses where the license loiiimissioner has substantial reasons lo doubt llie moral characler of the appliiani or ilie jieiuiiiicncss oC ilie siiiiiatures to the iietition, he is hereby riMiniicd to refer lo the board of police coiiimissioneis of the City of St. Louis such applications made to him for licenses under this article, together with the petition accompanying same, and if the said board of police coui- uiissioners shall, after proper inquiry, be of the ojiinion that the applicant is a person of good moral character, and that the signatures to said jjcti- tion are genuine, and that said petition is signed as hereinbefore re(|nired, th(> said board of ]iolic(> commissioners shall indorse upon the application of every such aii]ilicant, "Approved,'' and return ilie same with its accom- [lanyiug petition, to the license commissioner, who shall then grant a license upon tlie ap|)lication so indorsed; ju-ovided, all other requirements of this article shall have l)een complied with by such aiif)licant for lii'ense; and all licen.ses issued under this article shall be kcjit |)osted U|i in some conspicuous place behind the bar, and as near the center thereof as possi- ble, lint if the said board of police commissioners shall be satisfied that sucli .ipplicant is not a person of good moral character, or that tlie signa- tures to said jietition are not genuine, or that said petition is not signed as hereinbefore required, the said commissioners shall indorse upon the application of every api'licant. "Disapiiroved," and return the same to the license commissioner, when the license shall be refused. Hut if the license commissioner is not salislied with such indorsement, he shall certify and repiM't such a[i)>lication lo the council, if in session, for its action, and to the mayor wlien the council is not in session, which sliall be conclusive upon the petitioners; provided, that before any license shall be granted the license commissioner shall re<|uire of the jierson a]iplyiiig for it a bond to be given to the city in the sum of two thousand dollars, with two or morn securities, to be ajiproved by the collector, comlitioned that the person obtaining such license shall k(>e|) at all times an orderly house, and that he will not sell, give away or otlierwi.se dispo.s(; of, or suffer the same to be done about liis jiremises, any intoxicating liquor in any quantity to any minor, without tlie consent of the guardian, master or parent of such minor; .md conditioned that he will not violate any of the ju-ovisions of this ar- ticle, or any of ihr i>rovisions of cha()ter ninety-eight of the revised statutes of .Missouri; and that he will pay all tines, iienalties and forfeitures whicli may Im^ adjudgee taken as security on siieli l>ond he shall make afTidavit l>efore the license comniissioner in the following form: State of Missouri. Pity of St. Louis, ss. : being duly sworn on his oath, says that he is a resident of the City of St. Louis aforesaid, and tliat he is owner in fee simple of real estate therein subject to execution of the 1020 UEVisiOD coDK oi: i;i:ni:h.\l oruinaxce.s. ichap. 31. valiii' of i\\(i llionsMiid ilollars ovpi- and altovc (lie amount of liis just debts and lial)ilities. and exemption for liome.stead. Sworn to and subscribed before me tliis day of , 1!) — . . license commissioner; jirovided, that nolliin-i herein shall be construed so as to prohibit the license commissioner from compelliu}; the dramshop keeper to furnish new and other bondsmen, should such securities become insolvent, non-residents, insane, or otherwise dis(|ualifie(1 from artiiii;- as such bnndsiiien.] i M. C. .sec. :.•(»:! 1.1 Sec R. .S. ISSI!). sees. 2997 (amendfil Laws 1901. p. H2). 3020; State ex rel. vs. Hig8iti.>i. 71 Mo. App. 180: State ex rcl. vs. Mulvihill. ll.T Mo. App. 324, 328; Hig- gins vs. Talty. 157 Mo. 280; State vs. Sceboltl. 192 Mo. 720. Sec. 2152. Place <»f husiiiess, lk'en.se liniitiMl to [No person OI' jiersoiis to whom a license shall l)e isstied shall keej) a dramshop at any other ])iace than the jdace designated; jn-ovided, tliat h(> or they may re- move the carryinji on of such business durino; the continuance of such licen.se from the tenement designated therein to any other tenement in the city ; provided, that he or they shall first have obtained permission for such transfer of business from the collector, as if he or they were originally ap]>lying for a license, and under the same restrictions as are required b\ section twentv'-one hundred and fifty-one.] (.M. C, sec. L'Ooii. i li. S. 1S99, sec. 2992; see. also. sec. 2992a anil 299::a. aclil.-,i liy Laws 1907, p. Sec. 2153. License not transferable. — [No license granted under this article, shall be assignal)l(> or transferable.] (M. <".. sec. i'(i:>:>.) l:. S, 1S99, sec. 2992. Sec. 2154. Merchants exempt Ironi article [This aiticle shall not be construed to ap])ly to any sale of intoxicating ii(|Uors by any person under aiitliorifv of ordiiianre regulaliiiu iiierchaiits" licenses. | (.M. ('., .sec. Ii0:!4.) l;. S. lS:t9, sec. :!01.",. .\mendccl Laws 19il.",. p. Uii. Sec. 2155. Amount of license.— For a license as a diamshop keeper Ihere shall be paid the sum of two hundred and fifty dollars for city pur- [loses [and twenty-five dollars for stale i)uriioses. and any such license, shall authorize the business therein designated to be carried on at one ]>lace only, and such license shall remain in i'orce for tlie period of six months from its date; provided, tliat the license commissioner may. with the approval of t\w comptroller, issue any such license for a different period than six months, if necessary, in order that the state ami city licenses to the same party may expire at the same time and at the date fixed by this article. No fee shall be charged by the license commissioner for administering oaths or taking aflMdavits.] ( .M. ('., sec. 20:5.").) Sec. 3008, R. S. 1899. provides tliat "the proper autliorities of incorporated towns and cities may impose a ta.x on licenses to dramsliop keepers," R. S. 1899. sec. 299C. amended Laws 1905. p. 113, provides that tlie State tax shall not hr less than |,iO for State purposes and not less than $2.50 nor over $400 tor county piu-imses for six-month periods, etc. Sec, 215(1. Number of licenses «;rant<'tl to be i-i'ported [li shall be the duty of the license commissioner to rejiorl to the comptrollei- on (he lirsl .Monday in every month the number of lic(>n,ses granted for the |»rece(ling month, together with the names of persons to wlmiii granted, and AiiT IV I 111" 1'1;a.msh'>cs. lO'JT llii' iiiiiiifs (if till- sllcfls Mini 111!' luiinliiT 111 llir lnnis<'s I'lir wliii li llic liccllsi'S were tjraiiicd. 1 1 shall lie llic diilv of the i.olicc to sec thai all (inliiiaiiiM's ill ffj;arert\ owners, siiliscrihed and sworn to. that an.\ dramsh(i)i or saloon keeper has not kept at all times an orderly house, the mayor shall at once notify such dramshop or saloon keepiM- to ajipear liefore him and he shall iiixcsi i^ate the cliai-;;es pi-(*ferred. If satisfied of the truth of the statement made, he .shall revoke the license of such dramshop or .saloon kei'iMM*. and if r<>(|iii>ste ASTROLOGISTS. 1029 liliildiliii ill wliiili ilic (li;iiiislii>]i is localcd sli;ill lie uscil lur (lie above- iiit'iuiiiiii'il |inr| OSes or ;iii_v iil iliciii. ilicii ilic lii'i'use granted sliall be null and void. I i ,M. (".. sec I'd't:!. i Si'c. "-'ItU. I'«'iialt,\. W li(H'\fi- sliall viulaic aii,v ol ilic pruviHiouB of this artirk' sliall be dwiiit'd ■;nilt\ of a iiiisiU'iiicanor, and ujion convic- tion tlici-cor shall be lined ill a sum of not less tliaii tiliy niir iiiorc than fliifc hiiiidrcd dollars. i.M. <".. sec 1MI.|4.* Sec. '2IGr>. i>u(.\ ol lii't'iist' coiiiniissiiMUT toi'iiltu'ce. — [It shaU be the s|)ecial duty of the license coniiiiissioner to see that the provisions of this article are enforced.] (M. O., sec. 2tl45.) This Is. of course, illsplari'il by tli.' stiitiite cfinferrinK jurisdiction on the t'xrisc I'omnilsslonpr. .\i;rici.i-: \\ OF lOLECTRIC BATTERIES. Sec. 21()G. License required — term of. — Li shall be iiiilawliil lor any iierson to exhibit any electric battery in the City of St. Louis without lii>t having obtained from the license collector a license therelor. Said license shall not be transferable and shall be issued for twelve iiiuiiihs. (M. C, sec. 2046.) For autliority of Charttr. .sfr Art. Ill, sec. 26, clause 5. Sec. 21()7. .Viitoiiiit «>r license. — For a license under the jjrovis- ioiis of this article the a|iplir:ini sliall |ia\ iwciit v live dollars in advance. (M. v., sec. 2047.) See. 2168. Penalty. — Any person violatiuji; the provisions of this article shall be guilty of a niisdenieanor, and upt)n conviction thereof, shall be lined not less than twenty-tive dollars nor more than one hundred dol lars for each oll'ense. (M. C, sec. 2048.) .MiTirLK VI. OF Ft IK 11 .\i; TKia.KKS AND ASTROLOGISTS. S.e. 2Ui!t. Forliiiie tellers and astrol<>«;ists to be licensed. — No pi'ison shall e.xen ise, williiii llie t'ily ol Si. Louis, llie business, pro- fession or avocation of a fortune teller or astrologist. without lirsl iuim ur- ing a license therefor, as hereinafter provided. (M. <".. sec I'lM!!. ) Authorl«o<1 by Chnrtfr. .Art. III. sec. 26. clause 5. See. 2170 Trriii'' (l«-l'iiu-il. .V roiiuiie teller is one \\hiNANci:s. iciiap. 3i. Sec. 2172. Ponillty.- .\ii.v iicixm who .sliall violate aii.v of the j.i-o- vi.sions of (his arri( Ic sliall lie (Iceiiu'd j;iiilty of a iiiisdomeaiior, and upon conviction tlicivof. shall he tincd not less than one inuuli-ed nor more than Iwo Inindicil doilars lor carli olVensc. i.M. ('.. sec. 1'II52.) ATrriCI.K V[[. OF noTi;i,s .\.\'ii i:oAi;i)i.\(; houses.* Sec. 217:>. Hotel and hoardin^-luxiscs dt'fiiUMl. — A house where ]ier.sons are furnished with either board or lodjjinj>. or both, loi' a eoni- [leiisation, paid, or to be paid, therefor, and luninji more tlian foui- bed- rooms for the use of jjuests. is a liotel oi- lioardiii!; house wilhiii I lie iiieau- inj? of this ai'licle. i Al. ('.. sec. I'd."):!, i Sec. 2174. Aiuoiint ami term. — There .shall be levied and col- iected for ever.v hotel or l)oai(liu<;-house the sum of fifty cents for each and every room in such liou.se, which lias lieen constructed or intended to be used as liedrooms oi- parlors, the payment of which amount shall entitle sucli hotel or board! ni>liou.se lo a lici'use foi- one year, and no license shall be issued for a less term tiian one ^car. ( M. ('.. sec. 2054.) By oriUnanci? 2257.'!. approveil Oct. i'. 1'.H1U, (a(tc-r siibmi.ssion to ttie Assembly of the Key. Code, so tiiat the saniL- conUi not be included herein), this section was amended by adding: thereto the \voi-iis: "said license in each case to run from the hr.st da>- of l'^i-brnar\- of snch \-ear." Sec. 2175. Penalty. — .\ii\ pei-son, tirm or corporation who shall kee]) a hotel or boardin<;-hou.se wilhoul tirst haviii" obtained a license therefor, according' to the ]ii'o\isions of section 2174. shall be deemed .nuilly of a iiii.sdeineant)!-, and ui)on conviction thereof, shall be fined in double the amount required for license lor such hotel or boarding-house, not exceed- inj;, however, the sum of five hundred dollars: but nothinjj in this article shall be so construed as to mean houses where relations of the family only ai-e boardinu lor a coiii]M'nsalion. i .M. ( '.. sec. 20.")."). I AUTKI.i; \111. OI' iiousio AND rii-;.-\[. losTATi-: .\(;i;xTs .axd brokers.** Sec. 2176. House and r«'al e.state ajjents defined.— Every l»erson or fii-ni composed of one or more jiei'soiis. who shall ad as ajjent for any party in the leasiiio. reniino or sellinji of houses or real estate at I'l'ivate OI- public sale, or who shall receive ot' ctdlect rents lor another for a coininissioii or other compensation, or who shall advertise or hang out any sign or device which shall designate him as an agent for the renting, (•(dlecting reiils. leasing or selling of houses or real estate, shall be consid- ered as house ' to enact and as not beins unconstitutional in St. Louis vs. Mc- Cann. Km Mo. .'SOI. See Charter. Art. Ill, sec. 26. subdivision 5; but that clause does not confer power to require afcents to take down premises that may bo un- safe: .St. I is v.s. Kaime. ISM JIo. nO!l. .lie. AUT, IX. I <>i" i.nti:i,i.ii;i;m 1.; (ikkices. jq31 Sec. 2177. Ileal ostato brokrr (it'liiii'd. — A nal "state lunkt r is one wlio lor luiiiiiiissiuii or oilier comin'iisaiioii is i'ii;{aj;t'd in llie sclliiifi of or nefiotiatcs sales of real estate beloiijiing to others. (M. ('., sec. 2057.) Sec. 2178. .\inoiiiit -|>«>iiall,\ . -I'AiTV piTsmi or lii-rii iiiiiiiiusihI nf one oi- nioic |iiMsons cnua^cil in llu' business delined in the foreifoiny; sec- lions shall jiav an annual lieense of twenty the dollars, which shall he jiay- ahle liefore an\ such person or linn shall he perniilted to ti'ansact any linsi- lu'ss ; aiul if such person oi- persons fail to pay said license, then he or they shall he de«'nu'(l fiuilty of a niisdemeanoi-, and n|)on conviction thereof, bu lined not less than one Iniiidied dollars imr more than two hninlred dollars. I M. C, sec. 2(l.-.S. ) Tills si'i'tUm l.s ninciidi'tl b.v old. No. 2L'«li7. iipprovotl Oct. I.t, 1906 (too late for iii.«>'i'tloii m HfV. CoJr). .Si'f .siiiiif si't forth in tlii" Appendix. .Mrriiii; ix. I'l- i.\'ii;i,i.iui-:.sci-: offices. Sec. U17!i. liitrHijjriMH' otlh'i' dcfiiHMl. — Whosoever shall upon or keep an otViie or place in the ciiy lor llie puriio.s*' of olUaiiiinj; eniploynient for others, or obtainino; employes for others, or fiiviiifi information whereby employers or eiii|iloyes may be obtained for a c(mi]ieiisalioii to be ](aid by either parly, shall be deemed lo be the keejier of an inlellioi.|i(|. otfice. ( .M. <'.. sec. -Jd.')!!. I Sec. L'l.s<». I,i<*«'nsc i-<>(|iiir(Ml — api>n<-atit>ii— Iiiisi> (<> 1k» Ito.sted. — No |ierson shall keep an iniellioeiice olfice in this city without a license therefor, tirst liad and obtained from the license collector, for which such iierson shall pay the sum of three hundred dollai-s per annum. The license collector shall issue all licenses ]irovided for by this arlich': [iro- \ ided, that sncli a|>idiialion for a license shall be in wrilinj: and shall slate where the proposed intellijieiice otVice shall be kept; and iiro\ided, that no license shall l>e ;iranted under this article until the license collector ha.-^ procured from the jiolice coniniissioners an indorsement on the back of the ap|ilication to the etVect that in their ojiinion the ap])licant is a person of Uood moral character. Every person holding such license shall keep a copy of this article conspicnouslv liuno n|i in his or their olfice. (.M. ('., sec. JOtiO.) f'hio-IiT nnil'.iiiiv \rr Ml ^.1 ■:'i; iiniiM.' .'. See. 21S1. l>i-(-r|>ti(>ii by kri'iH'r.s |u'iiallii-s. \uy keeper of an intelligence office who shall nuike any willful misrei)re.sentation. or re- cy for positions, either directly or indirectly, unless jiosition is secured, or who shall willfully deceive any person, or who shall ask, de- mand or receive any unusual or e.\orbiiant fee, or be j;nilly of any dece|i- lion whatever, to any person who may employ him or her, as the case may be, shall In' dnied ;;iiilly of a inisdemeanor and upon conviclion thereof shall 1k' lined for each olVense not less than lifty dollars, and the license of sin-h iiersons shall thereby iK'coine forfeited, and he shall be incomiietent. ihei'eafler, to receive a licen.-^e under the provisions of this artiile; |irovided. however, thai Ihis section shall in nowise ap|iertain or ajiply to the em- ploynuMil bureaus of benevolciil or traiernal societies, iM. ('., sec. 2fll>l.) Sec. 2182. liicciisr nia> Itc revoked. — The iiiay«n- shall have power and autliorii\. on u''"'(| lause shown, to ri'voke any license issued 10:i2 RKVISKD CODK OR GENERAL ORDIN.\NCES. [CHAP. 31. under this article, and ujion siicli revocation shall certify liie same to the license collector; i)rovided. however, that the i)erson or persons complained of shall have a reasonable opportunity to defend themselves; and, i)rovided. further, that each license issued by virtue of this article shall express on its face that it is received and held subject to be revoked at the pleasure of the niayoi-. (M. C., sec. 20G2.) Sec. 21.S3. Penalty. — Every person who shall violate or fail to com- l)ly with the provisions of section 2180 shall be guilty of a misdemeanor, and on conviction thereof, be fined not less than one hundred dollars. (M. C. sec. 2063.) ARTICLE X. OF MANUFACTURERS.* Sec. 2184. Maiiiifai'tiirer defined. — Every jiersou, firm or corjtora- tion, who shall hold or purchase personal property for the pur])0se of add- ing to the value thereof, by any jjrocess of manufacturing, refining, or by the combination of different materials, or shall purchase and sell manu- factured articles such as [he manufactures] or uses in manufacturing, shall be held to be a manufacturer for the pur])oses of this article, except as is or may be otherwise ])rovided by oi-dinance. ( ^[. C. sec. 20G4.) Sec. 2185. License required — aiuount, etc. — Every person de fined to be a manufacturer by the preceding section shall, before doing or offering to do l)usiness as such, jirocure from the license collector a license therefor, under the provisions of this article, for which there shall be paid the same rate as merchants are reijuired to j)ay for a license; ])rovided, in collecting license on the sales of tobacco of any kind, on high-wines and on beer, the manufacturer shall be permitted to deduct the amount of tax paid the United States from the total sales made by him or them, and if he shall, within the City of St. Louis, do or offer to do any manufacturing business without first complying with the provisions of this article, or shall other- wise violate or fail to comply with any of the provisions of this article, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not less than twenty-five dollars nor more than five hundred dol- lars for each offense. No license shall be assignable or transferable. (M. 0., sec. 20(ir).i Sec. 2180. Statement of manufacturer required — license, when paid — publication. — The license collector or his deputies shall, after the first Monday of JIarch and before the first Monday in June in each year, call on each and every person defined by this article to be a manufac- turer, and notify him to furnish, and it shall be the duty of such person, whether so notified or not, to furnish said license collector: First, a state- ment of the value of the greatest aggregate amount of raw materials, mer chandise and finished jn-odncts (lo be listed separately) which he had on hand between the first ^londay of March and the first Monday in June in each year on any one day between said times, as well as all tools, machinery and ai)pliances used in conducting his business or owned by him on the first •Charter authority: Art. III. sec. 26, clause u. Statutory authority of city to tax manufacturers, see R. S. 1,S99. sees. 9391. 9398, being set forth herein in State I,;i\vs for .St. Louis, sec. 496. page 191. AHT X] OF MANUFACTURERS. |03;i (lav ill .liiiu' i>r catli vi'iir. Sccoiul. a statement of ilic ajifirofjatt' aiiiDiiiii of all sales made liy liim iluriiig the year next iiretediiif; the lirst Monday of June, wliieh statement shall be made iu writing and deliveied to the- liiense collector, verified by the attidavit of the manufacturer, or olVicer of the corjioration makinj; it, if residin>i in the city; if not. then by some cii-diliic person aiitiiuri/ed to do so. and the amount of tax and license due Ihei-eoii shall he i>aid to the license collector, at his olVice. on or before the lirst .Monday of .Inly in each year. II shall be the duty of the license col lector, when so directed li\ the comptroller, to {live iu)tice by ])ublication in the papers doinj; the cily printing of any of the |)rovisioiis or I'cipiire ments of this article. tM. ( ".. .sec. 2()tiii. i See. 21M7. Ad valorem (a\, to In- U'vied. — In athiilioii to the license hereinbefore i)rovided for. there shall be levied and c(dlecled on the value of the raw materials, merchandise and finished products, tools and nmchinery and appliances contained in the statement as aforesaid, an annual ad valorem city tax at the same rate as is required by ordinance for the laxin-r of merchants, within the several districts of the city, which tax and licen.se hereinlicfni-e mentioned shall be paid to the license collector, on or before the fii-st Mondav of July in each and every year. ( M. <'., sec. 20G7.) Sec. 2188. Form of lironsc. — It shall be the duty of the comp troller to furnish the license collector with blank licenses, which lic<'nse shall be charged to the license collector, and his receijit taken lher<'lor. Said license shall be in the following form: No. manufactni'ci's' city license. The City of St. Louis: To all who shall -see these presents. greeting: Know ye that having paid , license collector of the City of St. Louis, the sum of • — ■ — dollars, being the license tax u])on as manufacturer; therefore the said is hereby authorized to nmnu- facture the following articles, viz.: exce[)t as otliei'wise i)rovi(led by ordinance, at any one place of business within the city for the year ending on the first Monday of July, 19 — . and to .sell and disjjose of such articles so manufactured at the same ]dace. or any other one i)lace in the city. In testimony whereof. I , comi>lroller of the City of St. Louis, have here- unto set my hand this day of . 1!) — . , comptroller. Attest: . Register. Tax . license . Delivered this day of . 10—, . , license collector. ( .M. ('.. .sec 2(108.) Sec. 21S9. Licenses issued — to compare with stubs of blanks. — The blank lii-enses ju'iivided for in the nexi |U-e(HMling section shall be bound in book form with suitable mai'gins or stubs, on which shall bo made and entered the swoi-n statements re(|uii'ed b\ this aiMicle. There shall also be ent(>red upon the margins or stubs the amount of tax and license collected in accordance with the statement so made; said mai-gins or stubs shall be returned with the licen.se collector's statement of the items niid aggregate amount collected to the comptroller, who shall examine and com)iai'e the same and charge the aggregate amount coUecti'd to the license crdieclor. (M. C.. sec. 2(M;0. ) Sec. 21!I0. Hoiid When any manufacturer, manufacturing tirm or corporation shall conunence tlie business of manufacturing in the City of St. Louis, after the lirst Monday in July in any year, he or they shall take out a manufaclurei's' licens«* thei'cfor. but before any such license shall be issued to him or them, he nr tliev shall exeiiile a bond to tl it\. with lO.U RKVISKIJ CODK on GENEiiAL ORDINANCES. [CHAP. 31. Iwo 01- mole sut'tii'ieut sec ui-i tics, wlio .sliall he freeholders at the time, or deposit with thi- liiense collecttn- lioiids of the City of 8t. Louis or other securities of e(iual value, eoudilioued tliat he or they will after the first .Monday of .lune next sncdeediug and before the first Monday of July Miereafter. Juriiish to the license collector, first, a statement, verified as llierein reciuiicd. of the value of the jireatest aj;j;rej>ate amount of raw ma- icrials, mercliandisp and tinisiied jiroducls (to he listed sepai-ately ) , which lie had on hand between the tiisi .Monday of ilarch and the first Jlonday of June on any one day between said times, as well as all tools, maclnner\- and api)lian(('s used in conductinff his or their busiue.ss, or owned by him or them on tlic lirst day of June; second, a statement, verified as herein re- i|uired, of llic aii,iirej«ate amount of all sales nnide by Ihem durinj^ the year or- jiart of \eai- from the time he or they commenced business to the first .Monday of .lunc iie.xt sncceedinj;. and thai he or the.\' will jiay to the license collector the ad valorem tax and license due u}pon the amounts of such state- ments, whidi bond or securities shall be in such sum as the license collector may deem sufficient to protect tiie city's interest, and shall be approved ba- ilie license collector and his a])proval indorsed thereon, and upon which statement tiieie shall be jiaid the same rate of taxes and licen.se as other ]nanufactufeis pa.\ ; but the amount of ad valorem tax demanded shall bi- such a fraction of the full annual tax as the time from the day on which business was commenced on the first Monday of July, next succeediuj;. bears to one year; and every such manufacturer, manufacturing firm or cotporation who shall fail or neglect to jierform and fulfill the conditions ol the bond executed by him or lliem. as herein provided, shall be deemed to have forfeited said botnl, and in that event it shall l)e the duty of the comptroller to cause suit to be instituted thereon ai;ainst the principal and all sureties of such bond, in the court liavin«; jurisdiction, or make sale of the securities deposited with him instead of a bond at public sale after having given ten days' notice thereof in the uewspajier doing the city ] printing. (M. ('.. sec. 1207(1.1 Sec. 21'Jl. .Vrcoiiiit sak's iipiMi t<» license eollector. — It shall be the duty of each manufacturer, manufacttn'ing firm or corjioration to kee}) in a pro|ier book and entered in ink an account of all sales made by him or them, which accounts shall always be ojxmi to the ins])ection of the license collector, to verify the returns nnule to him. The statements or returns niadi' to the lic(>nse collector under the re(|uirements of this ar- ticle shall not be made ptdilic. nor shall they be subject to tiie inspection of any person e.\ce|it the mayor. c(ini]itrollei' and members of the municipal assendily. (.M. ( '.. .sec. I'OTl.) See. 2l!»2. Penalty for laihire 1«> make statement. — In ca.se any mannlacturer, manufacturing firm or coriioration shall fail, neg- lect or refuse lo d(»liver the statements herein re(|uired. or pay the license and tax le\ ied b\ this article on or liefore the first Monday in July of each y(?ar, he or they shall be deemed guilty of a misdemeanor, and on convic- tion thereof shall be fined as provided in section 2185, and in addition thereto the license collector shall assess the raw nniterials, merclmndise. linished product, tools, machinery and appliances, and aggregate amotmt of all sales of such m;inufacturer. manufacturing firm or corjioration, at double their \ahi(\ to be ascertained from the best information he can ob- tain, and he shall rejiort the delinf|uent to the citv attiirnev. (M. ('., sec. 2072.) Sec. 219:i. Penalty lor making; false .statement — Whoever sliall make or tile with the license collector under the imtvisions of this \UT XI. I UF MIIKCHANTS. lOlfc", artit'l<>. a falsi' slali-iiicui iiiiilcr ualli. shall, oii coiiv iri imi (lit'i'fur. rorfi'll liiH license and pay a tine of not exceedinf; live iiuixli-ed dollars. And it shall be the diitv of the liueii.se colleetor to carefully e.\aiiiine all statements tiled with him. and to i>roseeiite all violations of this artiele. -aecordiiij; to law; prox ided. that hefore iiisi iindn;; any such |irosec)ilioii. lie shall j,'lve I he mamiraci urer an (i|i|i(ii'l uiiiiy uf explainiiij; his slatemeut and of correct- in;; it, if iiiadverleiit ly made. .\Md if it shall apix-ar to the li<-en.se collector ihal such fal.se siaicmeiii was wilirully and corru[)tly made, he shall report :ill the facts 111 ilii- i.'raiid }uv\ . i M. ( '., see. •JOTIM .\i;riii.i: .\i. « 'I' .\ii:i;iii,\Nrs ° Ser. 21!>-t. .AliTcliaiit — («'riu 4i«>fiii<>ti. \\ hocNcr shall (leal in the .selling; of any ^ouds. wares or nicrchamlisc at aii,\ store, stand or place occn |iid for that purpo.sc within the city, or at the .Merchants' l''xchanj;e, is hereliy declared in lie a menhant, except as is or may lie otiierw ise ]irovided liy ordinance. i.M. ('., see. lit (74. i See footiio'e. Sec. 2I!l"'. Liffii.st' rt'iiuirt'tl. — lOvery person detined to be a mer- chant by the |iiccediii_i; section shall, before doiii^ or oll'erin^ to do I he liiisiness as such, iirocure from the license colleclor a licen.s(> therefor, under I he provisions of this article, and if he shall, within the (.'ity of St. Ijoiiis. sell or oiler for .sale any ^oods, wares or merchandise, willioni fii'st com- plying with the provisions of this article, or shall otherwi.se \iolale or fail lo coiiipl\ with any of the jirovisions of tlii.s arliclc. he shall be deemed 1,'iiilty of a misdemeanor, and on conviction thereof, lir lined not less tliau iweiity-tive dollars nor nmic ilian ii\c Imiidred dnllars lur each olVense. 1 .M. ('.. sec, I'llT.". I Sci-. 2I!M>. l..l7. StatlMllt'llt «»l" Illcrc'liailt.H. — The license i-olleclor f all sales made by him during the year next |irecediii;; the first .Mond.iy of ■lune, which statement shall be made in wriliii" and deli\crcd lu the license •As to slatutor>' power of city to tux nuTiliiint.s. «>•>■ It. .s. i.s;i;i. .si-cs. 9397 nn-I96) : for cliurtfi- powiT. sci- ChartiT. Alt. 111. avc. I'H. claiiHi- ."i. anil noti'ii. Term "MiTflinnt" (Ifnncd as iisi-il In divers tliartrr. statute or onllnnnrf provisions: Cunton vs. McDanli-l, IS.S Mo. 207: Kansas City v.s. VlnOquest, 3B .Mo. App. 51(1; Kansas City vs. I.jirtnT. Gl Mo. App. 604: Kansas City vs. Johnson. 7S Mm. 6B1: .St. Jusi'pli vs. l)y.-. 7:; M". App. :;14: Troy vs. Harris. 101' Mo. App. 51. As to vullJlty of mcrcliants' ta.x. s<-r Aurora vs. McOannon. 138 Mo. 38; St. Ixiuls vs. Stelnbt-rg. 69 Mo. I')t9. Canton vs. Mrnanli-I. ISS Mo. :i)7: Trov vs. Har- ris, lo; Mo App. BI. 1036 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 31. collector, verified by tbc affidavit of the mercliaut oi- officer of the corpor- ation making it if residing in the city; if not. then by some credible person duly authorized to do so. and the amount of the tax and license due thereon shall be paid to said collector at his office ou or before Ihe first Monday of July in each year. It shall be the duty of the license collector, when so directed by the comptroller, to give notice by publication in the pajiers do- ing the city printing of anv of the provisions or requirements of this ar- ticle. (M. C. sec. 2(170.1 Sec. 2198. Ad valorem antl additional tax — rate — time of payment. — There shall be levied and collected ou the \alue of the largest amount of all goods, wares and merchandise stated as aforesaid an ad valorem tax of one-fifth of one per ceutum ou the value of all such goods, wares and merchandise, situated within the limits of the City, for municipal purposes. This tax shall be paid to license collector on or before the first Monday of July in each year, together with a license which shall be ]iaid every year by the merchant, mercantile firm or corporation (in ad- dition to the per centum hereinbefore stated) of one dollar on each one thousand dollars or fractional part thereof, of sales made by such merchant, mercantile firm or corporation, provided that no license shall be issued under the provisions of this article for a less sum than five dollars, which sum shall be paid by each merchant, mercantile firm or corporation doing a business of five thousand dollars or less per annum. (Ord. 20600 amend- ing M. C. sec. 2077.) Sec. 2199. Form of license. — It shall be the duty of the comp- troller to furnish the license collector with all blank licenses, which licenses shall be charged to the license collector and his receipt taken therefor. Said licenses shall be in the following form: Merchant's city license. No. . The City of St. Louis: To all who shall see these presents, greet- ing: Know ye that having paid to , license collector of the City of St. Louis the sum of dollars, being the tax and licen.se upon as a merchant, therefore the said is hereby authorized to sell any goods, wares and merchandise of any description, except as otherwise pro- vided by ordinance at any one store, stand or place of business within the city, or at the Merchants' Exchange, for the year ending on the first Monday of July, 19 — . In testimony whereof. I. , comptroller of the City of St. Louis, have hereunto set my hand this day of , 19 — . Comptroller. Attest: , Register. Tax, ; license, . De- livered this day of , 19 — , , License Collector. (M. C, sec. 2078.) Sec. 2200. Licenses issued to correspond with stubs The blank licenses provided for in the next preceding section shall be bound in book form, with suitable margins or stubs, on which shall be made and entered the sworn statements rej^uired by this article. There shall also be entered upon the margins or stubs the amount of tax or license collected in accordance with the statements so made; said margins or stubs shall be re- turned, with the license collectors statements of the items and aggregate amount collected, to the comptroller, who shall examine and compare the same, and charge the aggi-egate amount collected to said collector. (M. C, sec. 2079.) Sec. 2201. Bond. — WTienany merchant, mercantile firm or corporation shall commence business in the Citv of St. Louis, after the first Monday in AHT XI. I OF MKRCHANTS. JO37 • liilv, in any .M-ar. lie or ilit-v sliall lake uni a iiicrcliant's license ilierefor, but bel'Dre any sneli licen.se siiall lie issneii lo him ov llieni, lie or (hey sliall execute a lioml I<» the city, with two of more sulVicieiil securities, win) shall be freeholders at the time, or deposit with the liceii.se collector boiid.s of the City <>( St. Lmiis or other securities of e(|ual value, conditioned that Le or they will, on or before the first Monday of July ne.xt followiiifj, fur nisli to the license collectcu-. first, a statement verified as recjuired by thi.s article, of the value of the larj;esi amount of all jidods, wares ••iiid mer- chandise he or tlie\- had on hand or subject to their control at any time fK'lweeii the lir.sl .Monday of .Man-h and the tiist .Moiwhiy of .lune ne.\t suc- ceeding; second, a statement, verified as re(|uired by this article, of the aj;};rej;ate anuuint of all sales niaile by them between the (kite upon which he or they c(Uiiiiienced business and the lir.st .Monday of June next succeed- ing;, and that he or they will jiay to said collector tlie ad valorem tax and license due accordinj; to the ]U'ovisions of this article, which bond or seciiri ties shall be in such sums as the license collector may deem sulficient to protect the city's interest, and shall be ap])n)ved by him and his approval indorsed thereon. Upon such statements there shall be paid the same rate of taxes and license as other merchants jiay, but the amount of ad valorem fax demanded shall be such a fraction of the full annual tax as the time from the day on which the luisiness was commenced to the first Monday of July next succeeding bears to one year, and every such merchant, mer- cantile firm or corpiu-ation who shall fail or neglect to perform or fulfill the conditions of the bond executed liy him or them as herein provided, shall be deemed to have forfeited said bond, and in that event it shall be the duty of the coinptroller to cause suit to be instituted thereon ajrainst the prin- cijials and all such securities of such bond in the court lia.vin<:: coin|ietent jufisilictioii. or make sale of the securities deposited with him instead of a bond, at public sale, after having given ten (hiys" notice thereof in the news- papers doing the city jirinting. (M. C, see. 2080.) See. 2202. Account .nales to be open to inspection. — It stiall lie the duty of each mercliant, mercantile firm or corporation to keep a ]>roper book, and entered in ink, an account of all sales made by him or them, which account shall always be o])en to the inspection of tlie license collector lo verify the retui-ns made lo him. The statements (U- returns made to the license c(dlector under the rt>(|uirements of this article shall not lie made public, nor shall they be subject lo the ins|ieclion of any per- son except the mayor. com|itroller .-iiid members of the mtinicipal assembly. IM. I"., .sec. •2i)><\.) 8ec. 2203. Penalty for failure t() nialve statement or pay license. — In case any person, mercantile firm or coipuiaiion shall fail, neglect or refuse to deliver the statement herein re(|uired and pay the tax and license levied by tiiis article on or before the first .Monday of July in each year, lie or they shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined as provided for in section 219."), and in addition thereto the license <'ollecoiid class are those with a seating ca pacily for more than fifty and less than one hundred patrons or guests; ordinaries or restaurants of the third class are those with a capacity for seating twenty or less than fifty patrons or guests; ordinaries or restaurants of the iourtli class are those with a capacity for seating twenty or less l)atrons or guests. On all ordinaries or restaurants of the first class there shall be levied and collected as a license the sum of fifty dollars, which license shall an thoriy.e the party therein named lo carry on the business of an ordinary or restaurant of the tirsi class for a term of six months. On all ordinaries or restaurants of the second class there shall be levied and collected as a license the sum of thirty dollars, which license shall authorize the party therein named to cany on the business of an ordinary or i-estaurant of the second class for a term of six months. On all ordinaries or restaur;ints of the third class there shall be levied and collected as a license the sum of ten dollars, which license shall authorize the jiarty therein named to carry on the business of an ordinary or restaurant of the third class lor a term of six months, and on all ordinaries or restaurants of the fourth class there shall be levied iind collected as a license the sum of five ilollars, which license shall aiilhorize the ])arty therein named to carry on the business of an or(linai-.\- or restaurant of the fourth class for a Icrni ol six iiionlhs. (Ord. 20.".2S. amending M. ('.. sec. 20.S(i. 1 .Vmondpcl li\- oriiinanci' 22.'i;i(;. iiiipioviii o<-t. 15. l:iiM! (too lati" to appi'ar in tlii.'* ri'\ i.^ioii ). .'-:'i' nriliiKuicr in .Vppondix to R,-v. (^ndc. Sec. 220S. l»enaUy For doingr business without i)ro|>er li«*ense. . ,\ny person or |ici-soiW'>. firm or ciiriKiratioii who shall carry on the business •City'.« untliority to license, tax and regiilatp ordinarios: Charter. .4rt. lit. si'i'. 2«. il.-in.-ir Mftii. AKT Mil. I OK r.\\\ .\i!i;ui. i .\iiu-iuli'(l l.y oiil. L'2596. .>f personal property, or who deals in ijie |imrokei-s to lU'iiole their hiisiness, to w il : ••'riiree j;ilt or yel- low halls." or who piihlicl\- exhihiis a sijiii of ".Mone.N lo loan on personal prop('rt\' or dejiosit." is hereli\ declared lo he a jiaw iihroker. ( .M. (L, see. 2IIS7. ) See. 2210. l>i4- aiul adUliivii i-i><]iiir(Ml. No iiersoii sliall do hiisiness as a pawiihroker in ihc < ii\ w iilioui li,i\ iiii; tirsi ohtaiiied a license therefor: such license shall conform to ihosc now in use as jirovided hy ordinance, with a form of atfida\ii aiiarhcd iliercio, whiih ilic .iiiplicani shall siihscrilM' and make oath that lie will faithfully cany oni ilie provis- ions of this article. ( M. (".. sec. 2lls.^. i See. 2211. Hoinl (<> Itv f;iv4'ii. — Mvci-\ jn'i'son to whom .i liccusi- shall Ih' ;;ranied lo carry on the hiisiness of a pawiihroker shall annually enter into honil to the city, witli {;ood and siitfii ieiii sei iiriiy. lo he aji proved by the license collector, in the )penal sum of one ihoiisand dollars, conditioned that he will duly ohs(>rve all such ordinances as may he passed or in force respecting pawnhrokers. i .M. <".. sec. 2(tS'.). ) See. 2212. Kt*};'>*tt'r to be kept and tickets jjiven. — Every pawnbroker shall keep a re;:isfer of all loans and purchases of ail arti<-Ies etVected or made hy him. which register shall show the date of all loans or purchases, and the names id" all ]>ersoiis who have left any descri])t ion of property on deposit as a cidlateral .security or as a dcdivery on sale thereof. Opposite such name and date shall he written in plain hand a full descrip- tion of all such properl\- purchased or received on deposit as collateral se- curity, the time when the loan falls due. the amoiinl ol |iiir'Vln, \iS Mo. .iSS. Thf usury act of 1.S91. p. 17". applies to pawnbrokers. If more than two pi^r rent per month Is rhar({e carry on the Imsiness of a [u'ddler or liawkcr witlioiii oliiainin^ a licen.se tlieretor. ami any per.soii who sliall so cai'r.\' on (lie lui.-iiness of peddler oi- hawker wilhoiil lii-sl havinji (dilaiiied 11 licen.se. shall he deemed {juilty of a misdemeamn-, and upon conviction thereof, shall pay a fine of not less than twenty-five dollars, nor more than one Imiidi-ed dollars, i M. ('.. sec. 2(»!>7, 1 See. 2'2l'I». I>4>ti(ll4'rs (U'fiiiod. livery iier.soii who shall deal in the .sellini^ of paleiit ui- other medicines, };oods, wares and meri'liaiulise, except hooks, charts, maps and stationerv. is declared to lie a peddler. tM. C. see. 2()!tS. I See cases and statutor>' provisions cited In note to the heading of this article; section Inconsistent In part with State law: St. Louis vs. Meyer, 185 Mo. 583. Sec. 2221. Hawkers defined. — Any person who sells or oilers for s;ile in any w;if;on, vehicle or other conveyance, drawn liy haml or otherwise, in streets, alleys or other tlior()ii<;hfares or public jdaces. hy outcry or hy jfoiiif; from place to place in tlie city, any fruit, vef;etal)le. |ioultrv, >;ame. and ice cream, or other articles of food, is lierehv (h-clared to he a hawker. (M. C, sec. 20!)9.) "Hawker" and "peddler" art* usuall.v fiiuivalent terms in law: State vs. Meyer, 1S5 Mo. 583. 595. Sec. 2222. Lieense — anxMint — r«'f;iilati«»iis.— There .shall be b-vied :iiid collected of every person e;nr\iiiu on ihe business of a peddler or hiiuker, who carries the j;oods he oilers for sale on fool or in |nish cart, the sum of ten dollars, and there sliall also be levied and c(dlected of every |>erson carryinj; on the business of peddler or hawker, who carries the };oods lie oirers for sale in one-horse wa^jon, or other vehicle, the sum of fifteen dollars, and for a two-iiorse wa};on or diliei' \eliicle ihe sum of twenty-five dollars, the pa\inenl of which shall eiilille such jieddler or hawker lo a license for a period of twelve months, and shall exem|pt him from Ihe pay nieiit of a licen.se for such vehicle, I'.very such license shall show Ihe pbice of residence of such |ieddler or hawker, and such peddler or hawker shall have his name an one driver lo assist him, but no other assistants, while engajied in ]>eddliii;r or h;iwking, and c.nly one p^-rson 2Q42 REVISED CODE OR GENERAL ORDINANCES. tCHAP. :!1. sliiiU cngafie in peddling oi- hawking as foot peddler or with ])nsh cart under an.v license issned in ]iuisiiaiirc of this arlicle. (M. C. see. 2100.) See note to article heading. Tliis .stition was amended too late for insertion in the Code (after its submission to tlie Municipal Assembly) by ord. 22574, ap- proved Oct. 2. 1906, tlie amendment adding at the end of the section the word.'!; ■said license to run from the first day of June of each year." (See Appendix, i Sec. 2223. Penalty. — Any jierson violating the provisions of this ar tide shall be deemed guilty- of a iiiisdeTneanor. and shall he punished as ]prc scribed in this article, and in addilion iherelo shall forfeit his license, and no license to engage in such business shall be issued to liiiii w ithin one year after such forfeiture, (il, C. sec, L'lOL) Sec. 2224, Vehicle to he of dark <^olor — flaj^s, etc., prii- hibited. — No peddler or hawker shall be permitted to carry the articles offered by him for sale in any wagon, vehicle or other conveyance, drawn by hand or otherwise, unless the said wagon, vehicle or conveyance be one of uniform dark color; nor shall he be permitted to affix to or have on or about said wagon, vehicle or conveyance, any flag, ribbons, poles or other things calculated in any manner to scare or frighten horses, mules or oxen in the streets or other places within the city. And such wagon, vehicle or conveyance shall have jilaced cons])icuously ujion it at all times a number corres]ioiidiiig with the niimbei- of the hawker's or peddler's license. |5L C, sec. ■2W2.J Sec. 2225. Sales— times of preseribed. — No peddler, hawker. \-ender, or huckster shall cry ov oiler for sale his or her wares or merchan disc, after nine o'clock ]t. in. of any day except Saturday, when they shall be allo\\(>d to cry or sell their wares or merchandise until eleven o'clock p. 111.; provided, iieverthek\ss, that no jreddler, hawker, huckster or vender (if any kind of merchandise shall be allowed to cry his or her wares, or stoji. or remain, or engage in selling, or offering to sell, any kind of merchandise in the streets and alleys of the territory bounded by Clark avenue on the south. Wash street on the north. Fourth street on the east and Seventh street on the west, from eight o'clock a. m. to six o'clock p. m.; provided, further, that nothing lierein contained shall be construed to ]ierniit hawkers or peddlers to sell or otter for sale by outcry or by going from jilace to jilacc on the public streets or alleys in the city, any fruit, vt^getabies or other articles of food or merchandise on a Sunday, Any peddler, liawker. vender or huckster who shall violate this article shall be fined ten dollars for each ort'eiise or violation. ( M. (\, sec. 210."!.) Sec. 2226. Per.soii d<»iii^ business without license to hv arrested. — It is hereby made the duty of the marshal and menibers of the metropolitan jiolice i'orce, to arrest any jjerson wjiom they shall find ( arrying on the businc^ss of a ix'ddler or hawker without license or violating any of the jirovisions of this ai'licle. (M. <"., sec. 2104.) Sec. 2227. Uejjister to be kei»l o|)en for inspect ien at all times to the inspection of the marshal or his de]iuties, or the board of police com- missioners, or any member of the police force on the written re(pu'st of the chief of i.ojice. i M. <"., sec. 21(1."..') AKT. XV. 1 OF UAIl.ltUAK TICKirr MKOKKIIS. IQ43 Sec. 2228. TtTIll of li<*«'nso. No license shall lie issiieil iiinicr this ;ir(icle I'or a U-ss ]ieriiMl than twelve inoiiths, except sik'Ii imtsoms who hawk or peddle tlieif floods, wares or iiiercluuidise on loot whose license shall he for six nninths, and except in case of iH-ddlcrs or hawkers, who carry their •Iot)ds on fool, who. if upon a full sta((>men( of the facts, ajipcar to the license (•(diector worthy of charitalile ((Hisideration, and that I he aiii)licanls are (rnly nnahle to \>ii\ license for the full period staled, in such cases (he license ccdiector. with the approval or upon the recoiiiMienn of the mayor, is aiilhori/ed to issue licenses for siiorler |ieriods. not less than one moiilh. at pro rata rales, i .M. (".. sec. 21Uti.J Sec. L'L'iJ!). liic«Mis<' iiol (ransfprjiblp. — No license shall he as- si<:;nal)le or translVralple ; nor shall I he license taken ont for a one horse wa-ron, under any circuinstances. he used or recojinized for any iioilion of the license for a two horse wagon. (.M. C, sec. 2107.) Sec. 22;JU. I't'iiaKy. — .\ny violation of any section of this article, for which a penally is noi |irovide(l for, shall he deemed to he a misdemeanoi-. and the person or persons deemed jjuilly thereof, and upon conviclion he fore either of the police justices of this cily, shall be fine«l in a sum not leas than lifty nor more than five hundred d(dlars for each and every vio lation, to he c(dlected and jiaid as pro\ ided 1)\ charter and ordinance. (M. ('., sec. 2108.1 .\i;i'l(l.f; .W. (>!•' it.\ii.ui).\u TicKirr liitDKicus.* Sec. 22.'}1. Lu'tMise r:itl Oot. 13. 190C (tun Int.- tfi apifar In the ro- vl«lon. Sp>> .Vppendix). •Sot- ChurtiT, .\il. Ill 1044 REVISED CODE OR GKNERAI. ORDINANCES. [CHAP. 31. Sec. 2234. Regulations as to what business perniissable and manner of procedure — bond required —revocation of license. — No railroad' ticket broker or dealer, or i)ersou authorized to do the business of a railway ticket broker or dealer, under license issued pursuant to this article, shall buy, sell or deal in any railroad, railway or steamboat passen- ger tickets except such as have been issued by some existing railroad or steamboat company, corporation, association, or person or persons owning or operating the same; nor shall any such railroad ticket broker or dealer buy, sell or otherwise deal in or solicit the purchase or sale of any railroad or railway or steamboat i)as.senger ticket which is by its terms plainly ex- pressed on its face a mileage, excursion or commutation ticket where it ap- pears upon such ticket that the same was issued and sold below the regular schedule rate under contract with the original jiurcliaser, entered upon such ticket, and signed by such original inirchaser. that such ticket is non-trans- ferable and void in the hands of any other person than the original pur- chaser thereof; and every raili-oad ticket broker or dealer shall furnish to the buyer of any ticket sold l)y such broker or dealer a schedule signed by the name of the broker or dealer, describing the form and number and desti- nation of such ticket and the name of the comjiany that issued si;ch ticket; and every broker within the meaning of this article shall immediately re- fund to the purchaser or lawful agent of the purchaser of any ticket the money paid to such broker for any ticket which did not entitle the person purchasing the same from said liroker to use the same for passage on the railroad or steamboat for which such ticket was sold. No license shall be granted under this article until the person or persons applying therefor liave filed with the license collector, a bond, with two good and sufficient securities to be ajiproved by him, in the sum of one thousand dollars, con- ditioned for the faithful obsei'vance of all the terms and provisions of this section and article. The mayor shall have ])ower and authority for any good cause shown to revoke any license issued under this article, and the mayor shall revoke any such license for cause for a violation of any of the terms and conditions of this section, or the failure on the part of any such broker to perform any of the acts required by this section to be performed by him, and upon such revocation the mayor shall certify the same to the license collector; pro- vided, however, that before any license is revoked by the mayor the licensees or licensee under such license shall have a reasonable oppin-tunity to be heard by the mayor in defense of any charge or charges of a violation of this article which may be preferred before said mayor. Each license issued by virtue of this article shall express on its face that it is received and held sub- ject to revocation by the mayor. No person or persons whose license has been revoked shall be entitled to another license within one year after such revocation, and the licen.se collector is hereby ]iroliihited from issuing any license to any jiersou or ])ersons who.se license lias been revoked within one year from such revocation. (Ord. 2i:M!(. sec. il. amending ord. 2().")44.) See. 2235. Penalty. — Every person doing business as a railroad ticket broker or dealer, without a license, or in any way violating the provisions of this article, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not less than two hunderd and fifty dollars nor more than five hundred dollars. (lb., .sec. 3, amending M. C, sec. 2113.) AKT XVI 1 OF STKAMBOAT, HOTKI. \M> UAll.KoAl' KINNICUS. 1046 ARTICLE XVI. Ul'' STKAMliOAT. llllTl:i. ANP KAII.KCIAI' lUNN i:i;.S. • See. 2236. Ijit'ense rtM£iiirt'ili;ill exercise wiliiiii the eit.v tlie hu.siiiess of a steamlioat ajjeiil or i-iiiiiier on aiiv .>at, wharf- lioat Of wliarf. or tlie biisiiiess of a liolel or railroad runner witiioiH a license therefor, as hereinafter ]iro\i(h'(l; hut no more liiau one licen.se shall he re- {|uire(l of tile same person al one time uiuler this article; proviiled, that everv ajiiilicaiion foi- a license sliall he made in wriliuj; to the license eol- feetor, and before anv license shall he issued the license collector shall pro- cure from the police commissioners an indoi'senienl on the hack of the appli- cation therefor, to the etl'ect that in their opinion ihe applicani is a jierson of fiood moral character. i.M. ('.. sec. "Jill.) See. 22.S7. Uuimors dctiiU'd. .Vny person who shall stdicit the re- moval or transportation of an\ passenjiers oi- ]iei-sons to or from any steam- boat, railroad, wharfboat or wharf, or shall perform such removal or trans- portation, or shall act. or jirofess or assume lo act for or solicit oi' obtain passeiif^ers foi- any steamboat, steandioat comjiany. watei- transportation company, oi- attempt to do .so as [is] a steandHiut and i-ailroad aueiit or runner; pro\ide(l. th.ii uolhiuj; herein contained shall ajijily lo sleamboal freiiiht ajjeiits. nor lo the owner or owners of licensed vehicles in the le<;itiniate and (juiet discharge of tlieir duties. Any jiersou who shall solicit tiavelers or other persons to repair to any hotel is a hoiel runner. (M. C, sec. 2115.) See. 2238. Duties of runners Every steamboat ami railroad agent or runner and hotel runner shall handle with care and deliver jiromptly all ba;,'Uaj;e intrnsled to him. and shall treat all iiasseiificrs with res|iect and civility, anil alford them all needful information and assistance, and deliver those transported by him with eai-e and ju-omptness. (M. ('., see. 2116.) See. 2230. Respectful manner re«|uire lati' for liisortlon In tills icvlslntr urdlnancc) by orU. L'25;iS. appiovuU Oi-t. 1".. I'lOtf. (See Appenillx.) The nmoiuliiunt adds the words: "said llrcnse to run frnin the llrst day of January of sueh year." Ser. 2252. Licoiist' of lioi'so and «*at(l«' iloalors. — Km-h person or persons, copartnership or coiiioiai ion rnoaonl in Ihe lily in tlie liiisiness of liorse and callle dealer or dealers, as detiiied in lliis article, sliall i>a.v ill ad\aiice an annual license tlierefor of l \veiil_\ ti\c dollars. (.M. C. sec. i'l.'id. ) Amended l>y ord. 23601. approved Oct. 15. lOOtl. by adding;: same wonls as per amendments In the two preeedingr notes. (See Appendix.) Sec. 225:>. liicenses requiml to coiKliit-t tuisiness. — No pro- prietor or keeper ol' a stock.vard or of a sale stalile, and no liors(> and cattle dealer sliall ('npi4. Certificatt' of <'li a ra<'t o r riil a Iif<'ns<'. d'.ver.v person, tiriii, or corporation who shall ene;a,i;e in or do business either as the jiroprietor or keejier of a stock.vard or of a sale stable or as a horse and cattle dealer without first bavin}; obtained from the licen.se col- lector a license therefor as herein prescribed, shall be deemed {juilt.v of a misdemeanor, and upon conviction, shall pay a line of double the amount of the license reipiired to be paid by ilieiii res|iectively. i M. <".. sec "Ji;!:?.! St. Louis vs. Knox. 74 Mo. 7:'. See. 22.56. What livery ,stal»lo keeper exempt.— This article .shall not be construed so as to incliule the kee|iers of livery stables who pay an annual \chicle tax of tifty ilollars or more. I M. C, sec. 213;{a.) .VUTKLi: .Will. |>K STUKKT K.VII.WAV < 'l >.M I'A.N I lOS- •Ah to police reKUlntlons ofTectlnK street ears, sec ante. R. C, sees. 1863. 190S. 1617. The Charter gives express authority to the city to license, tax and regu- late street cars: Charter. Art. Ill, see. 26. clause 5. (Kor other powers over street railways, see Charter. Art. X: Constitution. Art. XII. sec. 20; see also Charter, ArL HI, sec. 26, clause 11.) The city may Impose a license tax under the power to llcenao. tax and reRulate street cars, for purposes of either police reKulutlon or for revenue only, and this In addition to an ad valorem tax on cars and payments or obligations assumed by the companies In the franchise ordi- nance, evidencing the consent of the city to the operation of the ears; and an exemption from license taxes. If It Is not absolutely void, must b>' clearly and 1043 REVISED CODE OK GENERAI. ORDINANCE.S. [CHAP. 31. explicitly stated in the ordinance or it will not be held to have been given: Springfield vs. Smith, 138 Mo. 645; Kansas City vs. Corrigan. 18 Mo. App. 206; Metropolitan Street Ry. vs. New York. 199 U. S. 1; New Orleans Street Ry. vs. New Orleans, 143 U. S. 192; Savannah Ry. vs. Savannah. 198 U. S. 392; Railway vs. Philadelphia, 101 U. S £28. As to the effect of a clause in the City Charter (Art. III. sec. 26, clause 11; see 151 Mo. 181) reserving the power to alter, amend or repeal the grant, etc., see: Railway vs. Philadelphia, 101 U. S. 528; Citizens' Bank vs. Owensboro, 173 U. S. 636, 644; Railroad vs. Georgia, 98 U. S. 365; Street Ry. vs. Sioux City, 138 U. S. 93; Detroit vs. Ry., 184 U. S. 368; San Antonio Trac. Co. vs. Altgelt, 200 U. S. 304. As to the right to have the license tax take the particular graduated form of the present ordinances (one mill per passenger on each car, instead of a fixed amount), see somewhat analogous cases: Amer. Exp. Co. vs. St. Joseph, 66 Mo. 675; Aurora vs. McGannon. 138 Mo. 38; Society vs. Coite, 6 Wall. 594; Maine vs. Gr. T. Ry., 142 U. S. 217, 228-229; Home Ins. Co. vs. N. Y., 134 U. S. 594. But in the cases of United Rys. Co. et al. vs. St. Louis (Nos. 4985. 4987, 4988. East. Div. of East. Dist. Mo.), the U. S. Circuit Court, per Adams, J., held, on temporary Injunction, afterwards made permenanet by Finklenberg, J., that the present license tax ordinance on street cars (ord. 21087) was invalid as to the United Railways Companies and Suburban Companies, on the ground that the ordinances operated to impair the obligations of the contracts assumed In the franchise ordinances under which these companies were doing business. These cases are now pending on appeal to the U. S. Supreme Court at this writing. Since these companies (now all absorbed into and forming part of the system of the United Railways Co.) were about the only ones to which the license tax ordinances could apply, the said decision, if it be sustained by the U. S. Supreme Court, practically nullifies the ordinanc<\ Sec. 2257. Street railway license required. — Every person, co partnership, association, corporation or company engaged in the business of transporting passengers from one jioint to another within the city, for hire, on street railways, shall ]iay a license to said city. lOrd. 21087. amending M. C, sec. 2134.) Sec. 2258. License tax on each car — how determined. — All persons, co-partnerships, associations, corporations and companies embraced in the foregoing section shall ]iay the license collector a (juarter-annual li- cense for each and every car used by them in transporting passengers, pay- able on the sixteenth day of \\>v\\. July, t)ctober and January of each year, for the preceding period of the three months ending respectively on the last day of the preceding March, June, Heptember and December, the amount of which quarterly license on each sucli car shall be determined at a sum equal to one mill for every revenue or ])ay passenger carried on such car during the said preceding period of three months, ending as aforesaid. (Ord. 21087. iimejjding M. C sec. 2135.) See note to luading of artirli- .tk to thi' validity of this si-ctiou. Sec. 2259. Equipment enablinjf information as to number passengers carried— report required when made. — On and after January first, nineteen hundred ami three, every i)ers()n who, and every corporation, company or association \\iiich. is required to ])ay a street car license, shall provide fVu-, and ei\\u]> each car used by it for transporta- lion or carrying j)assengers, with a suitable legister or indicator, capable of registering pas.sengers to a number not less than nine thousand nine hun- dred and ninety-nine, and upon which shall be registered, rung uj) or indi- cated in continuous numerical succession the number of ])assengers who Iiave i)aid for traiis]>ortation on such car; and the conductor or person col lecting the fare shall ring uj) or register each passenger as the fare is col lected. After said time above slaliHl. every such jierson. corporation, company ART XVIII.l OF STREKT ItAlI.WAY COMPANIES. l()4!l or assDciiitiiiii sliall caili ilav tni-iiisli llu- rcfjistiT of llit- i'\\\ of St. Louis with ii ri'port or table showing tlic miiiilifr of j»av or fcvt'iiiic iia.ssciificrK transported on eaeli fespective car opcT-ated liy it on the precediii}; day, eat'li sucli ear to l)e identified \>y its imiidx'r: said rejioft of tai)le siiall also sliiiw the nninlKT or tijiures shown on the passen;,'er ref^ister or indicator at the time eacli sucli car started on its tirsi trip for the (hiy covered liy said re jiort, to be designated as bejiinnin}; nnndier; and also the nninln'r of lifjures shown ou tlie said passenger register or indicator wiien said car was discon- tinued from carrying ]iassengeis on said le. (Ord. iMOST. sec. •_M."{.")A. 1 See. 22 street cars, and assist in a proi)er investigation, wiienever he so desires; said ins]iectors shall receive for their s{'rvices a compensation of three (bdlars per day each, while emiiloyed. and shall be empbncd or dis charged at the jileasure of said ciuuplioller. (Ord. 2HIS7. sec. Ul.*?")!?. i See. 2261. Failure to rei>or(, or interferiiij; with investijja- tion niisdemeanor^penalty. — livery person, corpoi-ation. company or as- sociation refusing or neglecting to make the report provided for in .section l.'l!."i".l. or making any false or fraudulent re|iori. or interfering in the ]ier- forniance id' the duties of the complroller. depulies oi- ins|)ectors provided for in section li2(>(l. sliall be deemed guilty of a misdemeanor, and on con- viction sliall be tined not less than five mu- more than tivi' huudrerl dollars. M»rd. -JIOST. .sec. 2135C.) See. 2262. Lieense eolleetor to fjive noti<'«' to pay li«*ense — failure to pay lieense misdemeanor — penalty. On the sixteenth da\ (if .\pril. .Iul\. (•I'liilier :inil -laliuaiN nf I'arli \eal' the license collect(U' shall notify all jiersons, companies, corporations or associations re(|uired to pay a strei-t car licen.se. tay such license; and any of them refusing, fail- ing or neglecting to pay said license within ten days after having received said notice, shall be deemed guilty of a misdemeanor and on conviction thereof shall be lined not less than one hun(lre^ re\oeation of license, when. — \ failure, refusal or neglect to i>ay such license for thirty days after the same is payable shall operate as a revocation of any existing nv subseipn-nt urn '«M»5

    i; at>a,. I- '"»S. <«« lllWi't: iOr *)(!»•. AlMri'Cl. rK*s? i(»f vauiltt: . tantiSe ft^ofm Biii»« pw trtwe tev iDk? l!«(i. ( m. C- »•• $wr. ^9^ K >>. -Jf^r--?^ '■yy^- "^fifi — ' — 7-"^ ^ TUasi- I'l *»;■■' ■ ■• - ••*«» isy '■'" ill-., w«;y .ktfnT^utfmnr iw ^ssssem.. (Jib. ^^ fwc. .s^^tk.;) «if air - lit- TIh- .'il s$ ■.■»" «»-■> . -ii4.i -rt. A fgr a ' or or ■<*•' __.*■_ -••n -rh««^ 1052 REVISED CODE OR GENERAL ORDIN.'VNCES. [CHAR 31. dred dollars for cucli and cvtMv lahle that siicli porsoii tiejilccts or refuses to take out a license for, to be sued for and recovered as in other cases of breaches of city ordinances. (M. ('., sec. 214(}.) As to right to regulate billiard hall.<^. and game.s under the police power, see Tarltio vs. Cook, 120 Mo. 1. Sec. 2274. Amount of license for specified vocations. — There shall be levied and collected for every license granted tor any busi- ness or object herein specified, as follows: First. Upon a bill i)oster's license, ten dollars. Second. T'jion a license for a pistol or shooting gallery, twenty-five dollars. Tliinl. I'pon engraver's license, ten dollars. Fourth. I'pon litliogra]iher"s license, ten dollars. Fifth. Upon a mercantile agent's license, one hundred dollars. Sixth. Upon a photograjihists' license, twenty-five dollars. Seventh. For each circus, circus and menagerie, or menagerie, three hundred dollars, and fifty dollars per day for each day in excess of one week. Eighth. For each side show of any kind accompanying any circus, sixty dollars, and ten dollars per day for each day in excess of one week. Ninth. Upon a license for theaters, theatrical exhibitions, museums or any other exhibition, show or amusement where an admission fee is charged; for one month, twenty-five dollars; for three months, seventy-five dollars; for six months, one hundred dollars; for one year, one hundred and fifty dollars; provided, however, that for any exhibition, show or amusement given for benevolent or charitable purposes, no license shall be required. Tenth. For the amusement known as roundabout or Hying horses, forty dollars, for a season not exceeding six months. Eleventh. Upon a license to keep a pool table, ten dollars. ( M. C. sec. 2148.) See. 2275. Term of licenses. — Licenses granted under this article shall continue in force twelve months, except as otherwise provided. No license of any kind shall be issued for a shorter period than that specified in each instance in tliis article, except in such cases as upon a full state- ment of the facts apiiear to the license collector worthy of charitable con- sideration and tliat the apjilicants are truly unable to pay license for the full period stated. In such cases the license collector, with the approval or upon the recommendation of the mayor, is authorized to issue license for shorter ])eriods. not less than one month, at jtro rata rates. (M. C, sec. 2140.) Tills section was amended by fixing the periods of the respective licenses: Ordinance No. 22576, approved Oct. 2, 1906, after the submission of the Revised Code to the Assembly. (See Appendi.x.) Sec. 2276. Licenses to be subject to ordinances.— All li- censes issued in jtursuance of the ju'ovisions of this article shall be issued subject to the ordinances of the city existing when they are issued, or .sub- sequently passed. (M. C, sec. 2150.) AHT. XX. I OF SUNDRY VOCATIONS AND MISCELLANKOUS PROVISIONS, 1053 See. 2277. Form of li<*«>iise. .\ll licensps shall be issued in blank by the rcjiistci- iiniler the seal of tlie ritv, ami .si^^iieil by the license collector, and shall be as near as may be in the riillowiii-; form: "City of St. I.ouis. I, License Collector of the City of 8t. Louis, to all who shall see these presents. nt refusing or failing to pay said tax wiieu called ujion by the license collector for the same, shall l)e deemed guilty of a misdemeanor and on con- viition thereof. Ik- lined two hundred dollars, to be recovered as other tines are by the city. (M. C, sec. 2154.) Licensing Insurance companies, see R. C. sec. 2137. As to collecting revenue by license from foreign Insurance companies, see St. Joseph vs. Ernst. 95 Mo. 360; Kansas City vs. Oppenhelmer. 100 Mo. App. 527. See. 2281. Applieation for license iuuh>r this <-liaptcr. — .application for licenses under this chapter, as iiawnbrokers. keepers of intelligeiiie oftbes. museums, junk shops, auctioneers and keejiers of shows, theaters and exhiliitions of any kind whatsoevi-r. shall be made in writing to the licenw collector, and shall state where the iiawiilu-oker shoji or other place, shop. show, theatei- or <'xhiliiiioii is lo l>e kej)! or exhibited. ^.^L C, .sec. 2155.) Se<'. 2282. l]U|iiiry of lici'n.se <-oniiitisHioner. — The licen.se col- lector, upon receipt of such written application, shall make all due and 1054 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 31. j)roper inquiry iiito thi- cliaruclcr ol' ;ill sucli ajiplitaiiTs Uiv liceuse, and sliall not grant a license to sncli aiiiilicant or aitplicants lor such licensi' unless he has good and STifficicnt assurance and reason to believe of his own knowledge that all sncli ai)i)licauts for such license are fit and proper per sons to receive the same. (^1. C, sec. 2150.) Sec. 2283. Petition of blo<*k residents — wlien re'. — Any person violating any of the [n-ovisions of this article where no sjiecial i)enalty is provided, shall be deemed guilty of a misdemeanor, and on conviction thereof, be fined not less than ten nor more than one hundred dollars. ('S\. C.. sec. 2158.) Sec. 2285. Penalty for not talcing out license. — Any per- son who is required to take out a license, or any person whose license has expired, and notice has been given, by the license collector, shall, if nor paid within ten days after such notice has been given, pay a penalty of one dollar, and for every ten days thereafter one dollar shall be added as a ])eualty, until the i)arty rcMjuired to taki' out such license shall have com l)lied with the provisions of regulating licenses in this chapter: said pen- alty sliall be collected with the license by ihe license collector and paid into the" city treasury. (M. C sec. 2150.) Sec. 2286. Renters of liootlis in fair grounds — exempt — when. — The renters of booths in the fair grounds, who hold unexpired licenses to carry on similar business in other parts of the city, shall not be required to take out any additional licenses for carrying on the same busi- ness at booths in the fair grounds during fair week and exposition. In cases where the profits of any such booth during fair week and exposition is api)lied to chai'itable purposes, no license shall be required. ( M. C, sec. 2160.) Sec. 2287. Ijicen.se of fruit audioneers. — Any i)t'i-.sy the seal ol' the cil.v. ( M. <".. sec. L'IC.-J. ) S,c. •2-2S'.i. Otiicial lioiul n( colhM-lor.— Tin colli.tur hif.n. entering; iiiKin tin' (liscluiij;!' ol ilic (hiiics ul his ollicc, shall -jivt' hoiid ami security to the rifv for the faithful ]ifrforinaiu'e of his (hiiics, conditioiieil that lie will faithfully aud i)uuctu:illy colleet aud jiay over all state, school. muui<'i|ial aud other revenues, aud other claiuis the i iiy uiay have afjaiusl any jierson durinj: the tiilie he shall lie in oflice, and that he will in all tliiuf;s faiilifully iierforiu all duties of the oflic(> of collector accordiu}; to law and ordinances. Such liond shall lie in the sum of two Inindrcd thousand (hdlars. with at least live solvent securities, who are owners of uuiucnin bered real estate in the city, aud shall he approved by the inaycu" and coun- cil. He shall also ftive bond in amount and security to tlie slate to the satisfaction of the mayor. conditione law. This bond shall be sij;ned by at l(»ast live solvent securities, freeholders within the cil\, and be exectited in duplicate, one of which shall be deposited with the rejjister, and the other transmitted by the refjister to the stale auditor, who shall carefully examine the same, and if it appears to his satisfaction that the bond is insufticient. he and the mayor shall I'equire the collector to '^\\^• additional boml, and if he fail to ^ive additional bond within ten days afliT he shall have been notilied, his oflice shall be declared vacant. Said bund when apjn'oved and iccorded, shall be a lien aj^ainsl the real eslale of iln- collector until he shall have complied with the conditions thereof. If ilie collector shall ncfjlect or refus(> to fjive such bond for lifteen days after his election, liis office shall he declared vacant, and an election shall Im? ordered by the mayor to till the vacancy. (M. C, sec. 21ti3. ) Homl ri'f|iil«ltfs nndor Cliartor: Art. IV, sec. 24: Art. XIII. •"■■■. .1: Art. V, .«i-c. 30: 8fO. also. U. S. 1899. .sec. 9206 ct si-i|. (r.j»ws Specially .Vtipllialile to St. bonis, sec. 471 ft ll«'rt all i-fv niiio, »'\«'«'|»( \\al»T rati's. — The collector shall collect all revenues Ilie money proceeds, and the accoiini lo which it is placeoI uihI «-lt.\- tjixt'H. lic»'nsfs. wharfaK"' ami olln>r claims nnd pay over to tin; treasury dally, etc.: Art. IV. «.■.■ _'l \-f XIM --•■ • <-•' I •.,.-. \.. !\- ... .: ...!...< Out under •riiiirt.r piovi.sl.ms: .-<■■.■ Art l\. .s., k. 1. !•(; Art. V, .i. i - .-. -•. -6. 30. 31, .TL". 3.1. 34: Art. IX. sec, 6; Art. XIII, sec. X; Scheme, sees. 8. 2n. S<'e statutory pro- visions: H. S. 1S99. sees. 9331-9335 nnd In Kenerol U. .S.. Cliiip. H'.i. Art. III-VII These statutory provisions, so far as rclatInK specially to .>pllcalile t" :vr annum from the date of such payment to the thirty-first of December following. and the amount of such allowance or rebate shall be credited to the account of the collector, and charocd to the resj)pctive ro<-enue account. (M. (\, sec. 2165.) Sec. 2292. Deputies — imniber — collector responsible. — The col- lector shall have jiower to appoint such deputies as may be necessary to per- form the duties of the collector's office; provided, however, that the number shall not at any time exceed fifty-four permanent deputies; and the collector may also revoke sucli ai>i)ointments at his pleasure, and may require bonds or other securities from such dejiuties to secure himself; and each of sucii dei)uties shall have like authority in every resjiect to collect the taxes levied or imposed within the city or any jiart thereof which by law is vested in the collector himself; but the (■<)ll(Htts from each source of revenue. ( JI. ('.. sec. 21G7.) See. 2294. Duties of register transferred to collector — Under authority of sections twenty-four and thirty-four of the scheme for separating the City and County of St. Louis, all the powers and duties aj) pertaining to the register of the City of St. Louis, with reference to the state, school and city taxes on merchandise and merchants' licenses in the City of St. Louis, are hereby transferred to, and shall be exercised by the coliector of the City of St. Louis, except such duties relating thereto as are, or mav be. conferred bv ordinance u])on the license collector. (JL C, sec. 2168.)* Sec. 2295. Compensation of deputies, etc.— The compensation of the deputies of the collector is hereby fixed as follows: One chief dejuity at the rate of twenty-five hundred dollars per annum; one deputy at the rate of twenty-four hundred dollars ])er annum; one deputy at the rate of twenty-one hundred dollars per annum; one deputy at the rate of nineteen CHAI'. 23.1 OF SKCONl) IIANU PKAI.KRS. 101)7 huiMircti dollars per iiiiiiiiin: oiu' tlcpuiv :il llic rate of fi^^lilcrn Iniiiiliril dollars per aiiimiii ; tliicc di-piiiifs at llu- lalc oT scvciitrcii liiiiidnMl dollars jMT aiiniiiii ; llin-c di'|piiiics at ilic rale ol' liliccii IuiihIiimI dcliais per aniiiiiii : cifjlil dcpulics at Ilic lalc of twelve liiilidred ilollai's ]ier aiiimin; lliree (le|)ii ties al llie rate of one ilioiisaiid dollars |iei- aiiiiniii ; I wo de|(iil les at the rate of nine hundred and sixty (hdlars per annnin; tiiirlv di'|nilies al llie rale of nine hundred dollars jier annnni. i .M. ( "., sec. 21til). I See. 22itt;. Cost of colloctioii io Uv |):ii«l as pn'scrihod by stsitt' liiw. The lolleclor shall pay all salaries and other expenses of his ol'liee. and all other costs of eolleetillj; the resiieeti\'e revenues, in the majiner i>iTscrihed liy an act id' the fieneral assembly of the Slate of Mis souri, apju-oved May ninth, eij;hleen hundred seveiityniiie. entitled, "An act to amend an act entitled an act to rejiidate the fees of collectors oC stale and county reveinu's." ajiproved Mav second, eij;hteen hundred seven! vs(>veii. (M. C. sec. 2170.1 Sco H. S. IS9;>. Cliiiiit.r 1 l;i. Art 1 1 1 - \" 1 1 Sec. 2297. One deputy shall he a notary piihli*-.— On.- of tlic i)ennanent deputies ajipoinled hy the collector under the provisions of section 22'.I2 shall lie a notary public, and shall administer all the oaths required to be made to the collector by stale law ami cily oi-dinam-e, and no fiH' or coni|>ensation, other than the salary allowed him. shall be charj;e(l or collected by said dejnity as stich or as notary public, noi- by any one lor him, for adminisierinLT such ()ailis. i .M. ("., sec. 2171.) CHAPTHR .Vv OF SECOND HAND DEALERS. Set". 2298. See<>ii(l-li;»n»l «l<'alers defined. — Any person, eompuny or corjioration doin;; business in tin- city, who purchase and sell {loods of any kind or descriidion, liavinj; once been used or transferred from the manufacturer to the dealer and then received into the jiossessiou of third parties, whether the same consists of cloths, carpets, clotliin-i. raj;s, iron or other metals, fnrniliire or articl(>s of household utensils, or articles of jiei-- sonal use. or male and female weariu-; ajiparel, or of jewtdry of auy kind or dpscription, or of old fjold or silver, shall be and ;ii'e hereby declared to be .secondhand dealers. iM. ('.. sec. 2172.1 Sec. 22'.)!t. Reefisfrj «>f |nireliases required — p«'nal(y. — Hvery Hecoiid han, I'\w the purposes of this .section, any failure of the servant, i'm|doye or a;;eul to tile such description as by this s«>ction provideil, shall be deemed to be a viola- tion of this soi'tion bv the jirincijtal or spcondhand dealer. IM. <'.. sec. 217;{.) 1058 REVISED CODE OR OICN KKA I, ( lIUHX ANTIOS ICHAP. 3 1. Sec. 2300. Hejyistry to hv ojK'n to insi>e<'tioii. — The said book of rojfislrv sliall lie iit ail limes diicn to the insjitfclioii of the niavof. ehief of police, city attorne.\. city iiiaislial. siieritls or coiistahies within oi- for the City of St. Louis, or of any person who shall he dnly autliorized in writinj; for tjial imrjose liy any or either of them, and wlio sliall <'xhilpii such written anlhorily to the second hand dealer. (M. (".. sec. l!174. ) Sec. 2301. Offers to sell !)> siis[»ieiwei-. nor connect any ])i-ivate sewer therewith, uor constiiict or re](air any sewer or di'ain on any public street, alley or high- way, exce])t under and in accortlance with the terms and ((uiditions of a l)ermit so to do, issued by or with the authority of the sewer commissioner, which permit must be at all times on tli(> ifround while the work is in ])rof;- ress, and be shown to any policeman oi- other person who asks to see it. Permits for the construction or rei)air of jirivate sewers or drains will be issued only to such persons, firms or coi'iioi-al ions as have j;iveii the bond re- (|uired to be <;iven l)y drain layers, and who have a cei-tificale or rejiistra- lion. njxtu the aj)plication of the owner of the jirojiei'ty to be drained, or his duly authorized a.gent. All applications foi- jiermits must be made upon the blank forms furnished by the sewer department, written wiih ink. and must irive a clear description of the property to be di-ained. of tlie sewers or drains to be constructed, and a list of the vaults, watei'-closets, sinks, down spouts and othei- fixtures to be connected thei-ewilh. If the sewer commissionei' shall deem i( necessary for such descrijil ion. he may i-eipiire a i)lan and ]irofile of the jproposed sewers, and all such jilans, ju'ofiles and descri]il ions, or copies thereof, shall be left on file in the office of said commissioner. •As to Sewer Commissioner anti ciiiployf.s. -see R. C. .si.'c.'*. 19.5o-1956. 1997, 2001. 2011. Cliartei- iirovi.sions concerning sewers; See Ciiarler. Art. VI, sees. 20. 21. 22, 23 and annotations tliereto: /A. Art. Ill, sec. 26. clau.se 2. See Hill vs. St. l^ouis, 1,");) Mo. 159. c'llAI" 111 »il- SKWKKS. 10-,i) 11 llii' |ii'<>|Hisi'il scwt'i's ;irr ill iiccorilnnrc Willi llic |ii'iis and eonilit ions iiiiiler which ihe work is to he j;i\('n sulijcd !(> the condiiions that Ihe lot owners take all risk of daiiiaj;e thai may resiili from water sj-llinj; hack into llieir premises from the main sewers, and to prevent sii<-li seltiiif; liack of water the owner shall lie reipiired. at his own cost, to put in a self actiii}; valve in all cases where a hack How from the iiiaiii sewer may he apiirehendecl ; and it shall lie the duly of ilie owner to keep the valve in condition for .service at all limes. 'I'lie sewer commissioner shall furnish all information in Ihe possession of his de]iarlmeut as to the p r- .\rt VI Mff. 2:!. Sc-c. L';!04. N'«> prriiiK wln'rc iiii|)iii(l ;iss«>ssiim'ii) for Mewrr fax — oxooptioii — wlu'ii ta\ |>rt'suiiMMl paid, otf. No permit for a si'wer conneclioii under the precedinj; section shall lie issued if the properly lo he drained hy the pro|]osed sewer, or any |parl thereof, has <'\('r heen as sessed for the conslruci ion of district or joint dislrici sewers until such as sessmeni, or such part thereof as may he due at the iiv a permit for a sewer connect ion, has lieeii paid; hiil in cases where direct evidence of iiayineiit. either in full or in pari, cannol he produced, a penuil ina.v Ik- issneil. if Ihe owner of the ]irojierty executes and liles with lh(> cil.v i-e^isler a hond snflicient in aiiiounf to secure Ihe payment of each install inent of the sjiecial tax hill, or hills with interest, as il ov lhe.\ hecome due. Huaranieeiiif; the unioniesied pa.vmeiii of the assessmenl. u|ion presenia lion of the orii,'inal special tax hill or hills or iiisiallment thereof, or if more Ihan ten years have elap.sed since the maturity of the last inslallnieni of such s]iecial lax liill. it may he presumed Ihal the hill was |iaid. in the ah- senc4> of evidence or inforniat ioii lo the contrary. illi.. ameiidiii<; M. < '.. sec. L'17S. 1 I'mlir Us I'liurlir |uiw lf>t iiwni-r to pny tlir avHcHsmenl hffitri- kIvIhk tiltii a iu*rmlt to <-(in- n*'ct: ami th*' •irtUnaiK-c Im valid, roanonnblc and proper: Hill vs. St. t»ulf*. I.Mf .Mo. IRS. oviTriillntf .^^tat"- -} v» llormann. S4 Mo App. I See. L'SlT). \«) pci'init to « of <-oiiNt riK't ion rxccpt iiimIci- rrrtaiii (-oinlilioiis — spe- cial f II II «l — w li«>n :ippropri:il<>il ami when it-l iiriu'il. -Ihn 111^ the conslruci ion ol an\ disirlci oi- joint sewer, and prior lo the assess ineni of the cost iliei-eof. no permit for the construction of any |irivale .st'wer lo tlraiii any lot of •;roiiiid within llie sewer district or joint .sewer district, or to conned the same with an\ pnhlic. district, joint district or jirivaie sewer, shall he issued, unless ihe contractor for such dislrici or joint lOGO REVISED CODE OR GENERAL ORDINANCF:s. [CHAP. 34. district sewer .sliall (irst join witii llie owner of the lot in niakinj; applica- tion fgr the permit; but the owner of any lot in such sewer district or joint sewer district may make ii deposit in the city treasury of a sum sufticient in the opinion of the board of public improvements to cover the first install- ment of the assessment to be made, and any jirobable damajies (o the sewer, or the sewer contractor, which mij;lit result Irom makinjj; a connect ion, or from the use of the sewer before its acceptance by the city, and lun-eive a permit without the consent of the contractor. Said sum deposited shall be a sjiecial fund, out of which shall be paid, on a voucher drawn in favor of the contractor and certified by the sewer commissioner, the amount of the first installment of the assessment against the lot drained, and such addi- tional amount, if any, as will, in the opinion of the board of jmblic improve- ments, compensate the contractor for any actual damage he may have sus- tained in con!se(|nence of such connection being made and n.sed, and the re- mainder, if any, shall be returned to the party making the deposit. If the (infractor shall not, within ten days after the accei)tance of the work done under the contract, tile a claim for damages with the .sewer commissioner, and shall not within ten days after the date of the i.ssue of the tax bill against the lot drained, accept a voucher in exchange for the receipted tax bill, the party making the deposit shall be entitled to receive a voucher for the whole amount so deposited ujioii [iresentation of the receipted tax bill at the ofrtce of the comptroller. ( Ord. 2(MifiS. amending M. (".. sec. 217S.) Sec. 2.S06. Person haviiiji: permit to comply with direetions of commissioner— if work improi)erly done commissioner may reconstruct — cost to be recovered on l)ond — cancellation of right to do work as drainlayer. — lOvery person or party receiving a periuit from the sewer commissioner shall faithfully comply with all regu- lations and instructions of said commissioner or his duly authorized agents in reference to such work and all the re(|uiremen1s of this chapter, and shall enforce the same u])on his employes and be held resjionsible for all their acts. .\nd in case any work under a ])ermit shall be improperly done, and in violation of the conditions, or in case of any damage to any public, dis trict or joint district sewer caused by such violation, either on the ])art of the person to whom the permit is issued or his employe, the sewer commis- sioner shall have the right to reconstruct such defective work and repair such damage, and the whole cost thereof, together with Ihe costs of suit, shall be recovered by the city by suit on the bond given by such person as drainlayer. If any jierson or jtarty who has given bond as drainlayer shall violate any of the conditions of a ]K'rniit or any rule or regulation concern- ing the construction of jtrivate sewers or drains, wilfully, the sewer com- missioner shall report the fad to the board of {lublic impirovements and said hoard shall thereafter suspend or cancel all rights of such drainlayer or plumber to receive permit to do work under the control of said board. 1/6.. amending sec. 217!>.) Sec. 2307. Work done without permit -effect of — recovery of damajjes, <'tc. — Any work done without Ihe ])er'nit required by this chapter, or which was done without insjiection by some one duly authorized by the sewer commissioner, shall be treated as defective work, and may be uncovered, and if need be, reconstructed by said commissioner at the ex- pense of the drainlayer or plumber who did tlie work, or of the owner of the property drained ; and any unpaid assessment against the property for dis- ti-ict or joint distri(>t sewers shall be considered as jiart of the danuige done, and shall be coll(>cted by suit in the name of the city on the bond of such drainla\<'r or iihindtcr. and of the owner of the property, or either of them. (Ord. 2()Cr.S. amend. M. C, .sec. 2180.) CHAP. 34.) OK SIOWERS. JOgl See. 2308. Ki^Iit.s oi «■!( y rosptTtinj; private sowors The city shall liavc the ri};ht at all times thi-(iU|.;h the sewer coniiiiissidiier or otlier proper oflicer. to eoimeet with and use any pi-ivate sewer Iniilt upon any public street, alley or hifihway, for *lrainin<; streets or for any public i>ur- pose, and also to reconslnict or to close up or lo disconnect from any pub- lic, dislrict or joint district sewer any private sewer conslrucled in viola tion of the jirovisions of this <-|iaptcr oi- which may, frtnii ;iny cause, have become a nuisance. lOrd. L'OfiC.,'";, amend. M. ("., sec. 21S1.I .■\s to fhiirttT po\ver.s over private sewers, see Art. \'I. sec. 23. See. 2.30!t. Wlu'ii owihts considtTt'd pelitioiiers, »>tc. -The owners or re|ii'('seniat ives of any jiroperly drained by a |)rivale sewer into a public, district or joint district sewer, w lien such lUdperty is not situated within the limits of a sewer district, shall be consi10. Ilow coiiiit'ctioii with prixate st'\\rr may bo obtaiiii'd — (HMisciit of luiiUlt'i* — ilt'l'liiit ioii of biiiltliT «»!' S4'\>('r. — Whenever any person shall desire to c(Minecl with and use a sewer which has iM'en built liy private parties and is located in any public street, alley or hi};liway, he shall tirst obtain the written consent of the party ownini; or controllinj; the land for the drainage of which the sewer was built, or his duly aulhnrized ajicnt, said |)arty beiiij; desii^naled lierearier in this chap- ter as the builder of the sewer. He shall then make applicatioii to the sewer commissioner for a permit in the same manner as is provided for permits to connect with public, district or joint disti-ict .sewers, at the same time presentiii}; the written consent of the builder of the sewer, which iiajn'r Mhall be left on tile in the offlce of said commissioner, i Ih.. aiiieiidiiif; M. 0.. sec. •_'is;t. I .■"i. . L'-U I . Saiiu'— )iow prrmlt to roiinoct ohtainoil uilluMit lntil(l«>r'.s coii.si'iit Iroin It. I'. I. li the a|>|>licatit sliall fail to obtain the consent of the builder of the sewer, as afoi-esaid. he may ajijily to the board of {lublic improvements to fix the terms upon which a jiermil lo use said .sewer will be issued without the consent of said builder, such applica- tion to be in writing. I'pon receiviiii: such apidicatioii the said board shall fix a day when they will consitk'r the matter, ami give notii-e tlu-reof to the builder of tlie sewer, or his ag^'Ul, and to the a|i|ilicant, either liy ]persoiial service or by imblicatioii in the newspapers doing the city |>rinting, at least one week U'fore the day fixed. At the timi- appointed the board shall hear tlie jiarties interested, if any sliall apjiear. and after due consideration of all the facts, shall lix the terms upon which the aiijilicnnt shall have tlu" right to connect with and iis(> the sewer in i|Uestion; provided, that the board tlnd the sewer large enough to carry the additional drainage. The award shall Im' tirial and binding upon all parties. If said award shall in- volve the pawnent of money by the ajiplicaiit. he may jiay fhe same to the city treasurer, by whom, upon the cert iticati- of the board of public im proveinent.<», it sliall in turn be paid to the parly or parties to whom it has boon awarded by the decision of the board. I .M. ('., sec. 21S4.) Sec. 2312. >Iat«'rial aiu! iiiodc of roust met ion. .NO materials shall 1h^ used in cunstriictitig sewei's or drains to be comieiied with iniblic, district, joint district or private sewers, or with natural water courses, or Ijiug wholly or in (part on a public street, alley or highway, except siK'li as 1062 KKVISKl) CODi: 111; (;|:NI:1:AI, ORDINAN'CKS. I<"HAI'. 34. ;n-(' ii]i])l'<)\C(l In llic sewer (■oiniiiissioiicr nv liis duly MiillHii'i/.cd ;ii;ciil.s. In (■(•unectiiig a jirivatc sewer or (iraiii with a public, district, joint district or another privalc sewer, the junction jiieces wliich have lieen hnilt into the sewer must be used for such connection, unless a si)ecial ])eriMil to insert a new junction lie first j;ranted \t\ the sewer corninissioner. Itnl it no junc- tion pieces have liceii set in luiildinj; the sewer, a conneciioii siiall lie made liy inserting; into the sewei- a junction jiiecc of the si/.c s|iecitied in tlie per- mit, wiiich junction piece sliall lie at an auf^le with the .s(>wer not c.\ceedin<; forty-five de<;i-ees and lie cut slant in the process of manufacture, and not li.\ clipjiiuf'' afterwards. In conne<-Iin}i' jiipe with pipe, a ■\' junction must he used. The inside of ever\ sewer or dT-aiu must, after it is laid, be left per- fectly smootli and clean ilirnujiliout its wJiole len<;tli. and the ends of all .■^ewers and drains not to lie immediately us(m1 must b(> securely closed against the entrance of \v «'«>iistrii«'te(l — vaults — traps — water rlosets — sinks — Ituils ulu'rc larjre niinihers ai-ooni- nioilated. — If shall be unlaw liil lieieafter to construct oi- extend any drain foi- the reception of sewei-aj^e or waste water, or to connect the same with any public, disti'ict oi- joint district sewer unless the said drain and its connection siiall in its plan and construction confoi-m to the followinij re- (piirements : First — All pri\y vaults wliich shall hei-eafter be connected wiih the sewer system of the city shall be so constiucted thai the bottom and sides will be imjiervious to watei-. and to this end shall be built of hard brick, with full joints. Iai vault to the sewer shall be made with \itritie(l clay or iron pipe six inches in diameter juul a trap must be set in the pipe between the vault and thi' main sewei-, which trap shall have a vertical shaft extending to the surface of the ground, where it shall be protected by a graling. I'rivy vaults shall not be more than eight feet deep, measured from the under side of Hooring of privy to deepest jiart of the vatilt. unless peiiiiission for a greater depth is s{ieciall.\ given liy the sewiM- commissioner. .\ny semiilance to a cesspool or receptacle in which tilth is to accumulate is |iroliiliited. Second — If the drain e.Kleiids lo llie house or other building, (here shall be in said drain a trap so constructed as to bar the passage of aii' from be- yond the ti-a]i into the house li\- any obstacle ('((ual to at least one inch in depth of water. Between said trap and the foot of the soil pijie there shall be connected with the said drain, an inlet pipe for lh(^ admi.ssion of fresh air, and the soil jiipe within the house shall be continued above the i-oof and lefl ojieii so that the whole drain may b(> thoroughly ami constantly \-en tilated. Third -W'aler ( losels inside of buildings shall be of pallei-ns approved by Ihe board of public impi-ovements. furnished with an efticient traji jirop- <'rly guarded against s\iihonage. which trap shall not receive the disdiai-ge of OI- be connected with any other li.\ture than the one water closet. The soil liijie shall be of cast iron, cari-ied to and througli ihe roof of the building un diminished in di.imeier and of the same material. .Miove the roof galvanized i-IIAT. 31.1 OF SKWICRS. 1063 slu'ct iron |iii)i' iii;i_\ In- iisctl. 'I'lic- i-xicnsioii of llic soil |ii|M' shall he i aiTiril liijlli ftioiij;li lo iircvciit Ilic ciitramc of aii- from il into ilic windows of tin- liiiililin;; lo \sliirli ii is allaclicil or of aiijoiniii^' Imililiii^'s ami shall Im' miai-iicd a<;aiiisl down drafis when llif snri'oiinilinfis arc sut-h as to crcalf I'ddifs. Saff drips shall m>l he conntTicd with llu' soil |>i|)t'. I'an i Iosi'Ih shall not lir nscd. I'oiirlh All sinks, hasins an or olhcr dwcllinj; sliall he (provided with pro]icr stt'iich traps dii-fctl.v iindri' cmh siidx. Iiasiii or stationarv liili. so i-oiiiicclcd with waste oi' soil pipe and so consl riulcd as Ihe sewer commissioner may ilircct. All such Irajis shall lie j;iiardcd a-iainsl svi)hona;;c liv a vciil jiipc of siiitahle size, which vent pipe shall run to the open air. or inav he con- nected with ihe soil pijie ahoxc the connection (d° Ihe hi>;hcsl li.xinre in the house. Fifth School houses, factories, and other premises where more than tifly persons use conveniences in common shall, if not proviihMl with water closets, lie fnrnisheil with school sinks or latrines of |ilaiis approved li.v Ihe hoard of piililic imiiroveinciits. (Ord. lilMidS, ainendiii}; M. <".. sec. "JlSli. i otiifi- \iiult rt-tculatlons. Sff K. *-'.. .h*h*.s. riT.'t. aTfi. TiTT. Sec. i,'314. I{c'j>:iiliitirain and .soil pipes, thron;;li which water and sewa<;e is used or car- ried, shall lie of iron when within a Iniildinj; and for a distance of live feel outside of the foundation walls thereof, and where any sewer pi]ie jutsses within Iweiily live fe<'t of any well or cistern, whether such well or ciKlern Ih- on the lot draini-fl or on an adjoining lot. such pipe shall Im- of iron. Iron soil or di-.iiii pipe shall lie sound, free from holes and other defects, and of unifonr thickni'ss. If of cast iron ihey shall not lie less than uneci^ihth of an inan-out. placed either inside or outside the foundation walls of the Imildinns. They shall have an air \eni pi| f suilalile si/e and jMisition. .Ml drain or soil pipe >hall lie made of cui\fd jiijic at cliaii;;es of direction, and shall have a con linnous fall toward the drain or .sewer of not less than one fonrlh of an inch to the foot, unless s|M-cial permission is driven for a lesH ;;rade. Suhsoil drains shall lie provided whenever dampness on any propo.sed site for a dwelling is known to exist, such drains shall not Ik- dii-ectly eon nected with sewfis. Iiul shall discharjT iul" » niaiduile and have a hack water valve, -loinis iM-twceii vitrilied clay, or terra cotla. pipes carryiii;: sewage shall U- li;:ht. made with inai |uality. and all such pipes must lie laid true li. ^rade and line. They shall lie lhoiS. amending 51. C, sec. 2188.) Sec. 2316. Mode of connecting ^vith steam or exhaust pipes, etc. — No connection shall be made through which the exhaust steam from any steam engine or heating plant can be discharged into the sewers. exce{)t through a condensing tank of construction and dimensions a[)proved by the board of jiublic im])rovements in each case; and connec- tions from steam boilers, tanks or other vessels, which contain hot water or other li(|uids, gases or vapors, shall be made through receiving tanks of consti'uction and dimensions approved l)y said board. (M. C. sec. 2189.) See. 2317. When specifications of plumbing may be varied. — The specifications of jilumbing contained in ihe preceding sec- tions shall be varied from only when, in the opinion of the board of public impiovements, better work can be obtained thereby. (M. C.. sec 21!l().i Sec. 2318. Obstructing sewers forbidden.— No person shall deposit 01' throw into any sewer or sewer inlet, or into any [)rivate drain connecting with a i)ublic, district or joint district sewer, any straw, hay, shavings, tinners' scraps, waste, produce or material of manufacture, ma- nure, rags or garbage, or any substance which may cause the sewer or sewer inlet to choke >ip. or which ma.\- cause a nuis.'ince: nor shall any dam or SEC. 34.1 OF SEWKRS. JOgf, oilier olistnirtioii be placfd ill iiiiv sewer unless pei-iiiissioti so to ilo is ex- pressly jir:iiiteil h\ ilie sewer eominissiouer. lOrtl. i;(Ki()8. aineiuliug M. C, see. L'i'Jl. ) Sec also Rev. Code. sec. Gil. as to obstruct InK sewers. See. J.'iU). KstahlisliiiKMits «lisrliai'j;iiiji: ni:i1tiiiHT(i'«l -\>Im'ii pi oliihiU'd. — No pack iiiji house. siau;;liler house, lard reiulriiii;; esialilisliiueiii, dairv. steam en- gine, steam boiler or aiiv estalilisliiiient li,\ wliieli. in the ojiiiiioii of the hoard of piihlie improvements, an.vthiii;; wnuid he diseliarp-d into the sewers leiidinj; lo ohsiruet or injure the same or lo eause a niiisanee, shall be con- neeted with anv puhlie, distfiet or joint district sewer, except through one or more interveniiif; catch basins as may be jirescribeil by siiid board, and in ca.se the matter discliar};ed by any establishment cannot, in the oi>inion of said l)oard. be rendered harmless to the sewer or to the public liealth. they shall be excluded from Ihe sewer entirely. (//>.. ameiidiiiir M. (',.. sec. L'l!)2.) Sec. '2:V20. Violations of iM"t'«"('«liiij; st'<*(ions— -proi-iMliire — iuisin(>anor. — In case any establishment shall (Jischarj;e into any pub- lic, districl. joint district or private sewer in violation of the provisions of the precediiif,' sections, the sewer commissioner shall, whenever ordered by the board of |iublic im|irovemenls, notify the owner or occupant of such es- tablislimeiil to cease from such violation. Jind if catch basins jire needed, to build such catch basins accordiii}; to ])lans apju-oved by said board within tliirly (hiys from the (hite of said notice. If, at the expiration of said notice-. the order so piven .shall not have been compliiHl with, the person, lirm or cor|H)ration controlling tlie establishment shall be deemed f^uilly of a mis- demeanor and Ik' ]>rosocuted therefor, (lb., amendiiij; .M. (J., sec. LMIK!. | See. 2.S21. When obstnictions removed at eost of owner. — If the drainafie disiliarf,'ed I'idiu any ay saiil sum into the cily treasury within five days after demand has been marie, he or they shall be deemed tcuilty of a misili'iiieanor. and ui)on conviction ther(>of. shall be fined in a sum double the amount so due and owinjr. and the payment of the line and costs shall oi)erate as a diachargo in full of said demand. ^.M. ('.. see. 21i(4.) See. 2-322. Penalty. — .\ny person who shall viidate aii\ of the pro- visions of this chapter shall be deemed pii'ltv of a misdemeanor, and upon conviction thereof, shall be lined not less than ten nor more than two hun- dred dollars. If a tine is inqiosed upon :i bonded drainlayer or plumber, as herein jirovided, no permit for work under Ihe control of the board of pub- lic improvements shall Im> issued to such drainlayer or plumber until said fine shall have been pai codu or; gknerai. ordinancrs. ichap. 33. CHAPTbR 35. i)i- sti;am roii.i'.ks axd klkvatoks.' Sec. 232.'). Insjioctor of boilers and elevator.s — appointment and qualifirations. -The mavor sliall aiijioint. by and witli tlic consent pointed — quali- fications. — Said inspector ot boilers and elevators is authorized to em- jiloy, by and with the consent of the mayor, seven dejiuty inspectors, who shall ])ossess the same qualifications as the inspector of boilers and eleva- tors, and jierforni the same duties. ( Ord. 214!(T. aniendiiif; M. <'.. sec. 2197.) Sec. 2325. Clerk and assistant clerk to be appointed— bond. ■ — He shall also appoint a clerk and an assistant clerk, and who shall receive the same salary as the clerk, and who sliall jjive bond to the same amount as now re(|uired of the clerk. (Ord. 214!I7. amendinji ^1. ('.. sec. 21!)S.) Sec. 232(i. Tenure of office. -The iiispe mayor, at the retpiest of the company he may represent, when said request is indorsed by the inspector of boilers and ehnators, or he may lie removed foi- cause by the inspectoi' of boileis and elevatoi-s, to be lirst approved by (he mayor. (M. ('.. sec. 2200.) Sec. 232S. Itoard of enjfineers constituted. — The mayor shall also a]ii)oint, li\ and with the consent of the council, two ]iersons, one of whom sliall be a practical and mechanical engineer, and one shall be a manu- facturer of engines and steam machinery; both shall ha\e at least live years" ( xiierience in the business, who, in connection with the inspector of boilers and elf,vators. shall constitute a board of enjiineers. 1 M. (".. sec. 2201.) •Cliarti r. .\rt. HI. sec. 26, clause 7. The oriiinance provision.s of this chapter are valiil: .St. Loui,"! vs. Lamp Co.. 139 Mo. 560. .Vmongst other tilings the court observe.s: "We take judicial notice of the dangers incidi-nt to the operation of steam engines and boilers when in inexperienced and unlicensed h.inds, and Iiave no doubt a.s to tlie power of the city to take such measures as luive been taken to provide i)\- ordinance for the public safety. Sucii ordinant^es as the aforesaid merely prescribe rrjrulaliims for the orderly conduct ot a very neeessarj' and if neglected, a very dangerous business in tlie large centers of p<»pulation." MAP. 3."..! UK STi:.\.\l lii )|I.Kl;S AM' lU.IIV ATi )KS lOf," IIIU- Sec. 2:>2!i. Duties <»!' iiis|»«-«-(«H° ol IxiiltTs aiitl cU'v ;i(ors. 'I'll!' iiis|:ri-(<>i' (il liDJIci's :ui(l clcviitol's sliall ilcvol*- (lie n\ Imli- of his lii :iiul attciilioii to tlu> dulics of liis ol'tii'c. and also |)ci-rt>i'iii (lie (Uitics ol' st'civtary ol" llic lioard of iMijiiiUHTs. lit- sliall faiH'fnIlv iiispt'cl and Icsi fvcrv slalionar.v lioilcr and stcaniitciicratinf; ajipaiMlns uiidci- pi-cssni-c used lor slalionai-v ixiwcr, as provided hv lUis rliaplti- and aciiirali' I'crord of the names of all owners or nsers of sleam lioilei's. ;;ivini; a full desci-ipl ion of the lioilers insperled It.v him. and Ihe aiiioiini of pressure allowed and the date when hisl tested. lie shall notify all owners or nsers of Imilei's of the linie when a reinspecMon and lesi will lie made, at least icn days liefore the expiration of each eeriificale ol' iiis]ieelioii, and appoint a ilay on uIm( li he will make a reiiis| eil ion. iM. t '.. see. "JlMli;. i Sec. 2.S30. AlaiiniM* «»f ins|u'cti(iii — tHTlinrate. — The m.uimr of inspection shall he snlisialially as follows: The ow iwrs of sleam lioilers ami nsers shall ha\c the option of takinj; the hammer test or the h.\(li-o- slatie test; al.so of electinj; wliellier the inspector of lioilers and elevatois or Olio of the assistant insjK'«-tors. mentionecl in this chajilei- and ein]il()yed and paid hv the inspection and insnrance companies, shall inak(? sncli test. If the hammer test In- ask<'d for. the examination shall lie lhoi(>ii>;h and searching; npon every part of Ihe lioiler, lioth inleiiially and externally, in clndinn all liltinjis and altachmenls. If the hydioslat ic lest he asked ftir, each hoilei- shall lie tested liy the hydranlic pressnre one foiirlh jiieater than the ordinary working; steam pressnie used, and Ihe cerlilicate of inspection herein ]iro\iiie(| shall state the maximum pressure at which an\' hoili'r nniy Im- workeil. Ill rase a def(Ht shall he discovered in any lioiU-r or attachment thereto, the inspector of hoileis ami elevaltirs shall rejiort the same to Ihe owner or user of said hoih-r or lioilers. and slate the facts of Ihe case in wi-itinj:. ,i;i\in;.' a description of the ]iarticnlar locality in which each defect i[\:\\ he found, ,'ind whether of a daiifierons character and necessilat in:; im- mediate repair. If the insjiector of hoileis and elevators shall at any lime liiid a lioiler which, in his jndjiineni, is iiii.safe. afler inspeclin;; same, he shall eoiulemn its fnrlher u.se. .Ml hoileis to he tested liy the hydrostatic pressure shall lie tilled with water hy Ihe owners or nsers. and Ihey shall furnish the necessary labor reipiin'd to work and handle Ihe pumps in ap- plying; the lest. When leaks occur which prevent a snccessfnl lest, the in- s|M'ctor tif lioilers and ele\alors shall make a second test, upon r<'ceivin}i notice that ;ill leaks have lieeii repaired. If. n|ion makilif: a second lesl. Ihe lioiler oi- lioilers are still defective, he shall, lor each snlisefpieni test, collect an additional inspection Uf. Imt in no i-ase shall he ;;ive a certilicale until fully .satistied of the safety of Ihe lioiler or boilers. .\ll certiticales of in sped ion shall he for oiw year and no lon^ei-. .\iiy owner or user of an\ boiler or boilei-s insured by any steam boiler inspe<'iioii and insurance com pany duly aulhori/ed to iransaci business in Ihe Slale of Missouri, shall. ii[)on his reipiesl. have tin- hydroslalii- test applied once :innuall.\. wilhonl extra charj:e, by ihe assistant boiler inspector of snih com|iaiiy. as pifivided ill this chapter, i .M. ('.. si-r. -J-Jti:!. i Sei". 2;}:{1. l..4M-ation :iihI riiriiisliiii<;: of «»fli. — The in.>r of boilers and ele\aiois and Imard of cM;;ii is shall b<- |iro\ided with an office ill the city hall, suitably furnished, including,' all needed blanks, sla lionery. and the mechanical appliances iiei'dfiil for their ofllcial duties. \I I'., sec. ■_-Jtl».i lOCy REVISED CODE OK GENERAL ORDINANCES. ICHAP. 35 Sec. 2332. Seasions of board — sliall have power to grant licenses to enori»ePi*-<. whieh may be revoked.— Said board shall liro\ ide for icfiulai- se.s.sioiis. and the iiisjiector of boilers and elevators shall, act as secretary, and keej) niinntes of the jtroceedinjis. Said lK)ard shall convene for business once in each week to examine into the qualifications of applicants for engineers' licenses. A majority of the members of said board shall constitute a quorum for the transaction of business. The secretary shall keep a register of the names of all ajiplicants, designating those found qualified and those not cpialified. Said board shall grant certificates of li- cense, for one year from date thei-eof, to all ap])licants who. u]>on examina- tion, shall have the capacity, skill, exjuM-ience and habits of sobriety requi- site to perform the duties of an engineer, and no person possessing such qualifications shall l>e refused a license. Each applicant for a license shall, at the time of filing his application, pay to the inspector of boilers and ele- vators a fee of two dollars for each examination, and all money so received by the inspector of boilers and elev;)tors shall be paid into the city treasury, as pn)vided by section twenty-three hundred and thirty -six, but no charge shall be made for renewals. All certificates of licenses granted shall be signed by not less than two, and may be signed by all the meiniiers of the board. The board of engineers may adopt such rules and regulations as they shall deem proper, not inconsistent with this chapter and the general law. A full board of engineers, by an unanimous vote, shall have the power to revoke an engineer's license for inebriety, dishonesty or neglect of his duties, when in charge of an engine or boiler in use, and may order the re- inspection of any boiler whenever they shall deem it necessary for the pub- lic safety; but no license shall be permanently revoked for cause without first giving the accused party an o]q)ortunity to be heard in his own de- fense, (M. C sec. 220.5.) Section sustained against various contentions of invalidity; St. Louis vs. Lamp Mfg-. Co., 139 Mo. .'i60. Sec. 2333. Appeals to board of eng^ineers. — Any owner or user of a steam boiler or elevator, feeling aggrieved on account of any de- cision of the Inspector of Boilers and Elevators, may ajipeal to the board of engineers, and upon a thorough and careful investigation of the matter at issue between the jiarties, a majority of the board shall decide the question, which decision shall be final in all cases; but the Inspector of Boilers and Elevators shall not have a vote in any matter in which there is an appeal from liis decision. (M, ('.. sec. 22(Mi. ) See. 2334. AVhen unlieensed persons may be emi)loyed — vio- lation misdemeanor — certificate displayed. — The owners or users of steam boilers or engines of a capacity of not over seventy-five square feet of heating surface, and jiressure of not over twenty-five pounds of steam to the square inch used for power only, and all boilers under a pressure of fifteen jwunds to the square inch used for heating purposes only, shall ap- f)ly for a permit to employ a comjietent, careful and trustworthy ])eison, instead of a licensed engineer, such person to be recommended by two citi- zens, one of whom shall be a steam user or a licensed engineer, and if found i-ompetent by the Inspector of Boilers and Elevators, said permit shall be granted. The Inspector of Boilers and Elevators shall have the jiower to revoke such permit for cause. In case the owner or user of any l)oiler shall for cause be deprived of the services of a licensed engineer, he may put a trustworthy person in charge for a time not exceeding twenty-four hours, unless a special permit is obtained from the Inspector of Boilers and Ele- vators, extending the time, which in no case shall exceed thice days. At all CIIAI' 35.1 OF STEAM BOILKRS AM" KLIOV ATOHS. 1069 timt's when Imilcis arc in use and cn^iin's I'un, llid'c shall lie in charge an cnjiinct'i- liavin^i a ci-rl iliralc ol' license Ironi the hnai-il of en;;ineers, which ferlilicale of license shall lie displa.ved in snme jininiinenl |)lace where the boilers or engines are in use. and any owner oi" user as aroresai69. See. J.;.)."!. Inspection of boiN'i'.s — violation niis«U'nieanor — regulations — pt'iialtios. — All owners or users <,{' any siaiiunai\ boil- er or boiler.s, or steani-jjeneratin^ apjiaratus under pressure shall have the same inspected and tested as herein provided, before and wliile beinjij use (l inio Ihe I'ity treasury at least twice in each \\-eek. t M. ('., sec. L'L'tHt.) See. 2337. Semi-annual report to comptroller. — The inspector of boilers and elevators shall Tiiake a semi annual report to the coiii]itroller. rejiortinj; the full number of boilers in the city, the number in use, the number inspected and the number condiMuned as unsafe. He shall repoii the date, name of the owner and the locality of every boiler accident, whether it be from a ruptuir or collajise of flue or explosion of the shell of a boiler, statinj; his belief as to the cause thereof. lie shall further re- jiort the numbei- and the names of applirested. (M. (".. .sc<-. L'l'K). I Sec. 2338. Salary and bond of inspector. —The inspector of boilers and elevators shall receive a Salary of eif^hteen hundred dollars per annum, which shall be in full for all services rendered by him. He shall ijive bond to the City of St. Louis in the jienal sum of ten thousand dollars, with two or more sui-eties. to be apiii-oved by the mayor and coun<-il, con ditioned for the faithful, skillful and imjiartial performance of the duties of his office, and that he will fully account f(H- and pa\ into the city ti-easnry all moneys received by him as herein provided. i.M. < '.. sec. 2211.1 Sec. 23:>!t. Bonds of «Ieput.v inspc<*tors. — The de])Ut.\ inspectoi-s appointed under this clmpiei- shall ;;i\c a bond in the (leual sum of live thousand dollai's. with the s.nme conditions as reipiired n\' ilic iiis|)eclor of boilers and elevators, and stibjccl In llic aiiiiroxal (if llic iiia\4(t. l>oiuls of assistant insp<'ctors. The assistant in- spcciors apjioinled nndei- this cha])ter shall each nive bond to the city in the penal sum of five thousand dollars, to Ix' approved by the mayor and council, conditioned as the bond re(|uii-ed of the inspector of boilers and elevators, and fmllier to s;ive the cit\' bai-mless bv i-(>ason of anv neglect ciiAi'. 3r..| OK STi':.\M r.(iii,i:Ks ani> i-;i,k\atous. 1(I71 iir rcrnsal Ik raillirnllv |i('it"(iiiii ilic si'\ci;il iliilics i<'(|iiirc(l 1)\ iliis i h;i|iiv4»t<' <'iifir«' linu'— sal- iirU'S. — The (li-|nil\ iiis|iiMl(irs sIkiII ilcxolc llicir riiliic lime in llic iliuii-s (if llifir titlicc. iiikI In- imid luf llicii- sci'viccs ilic smii ol iwclvc Iniiulrrd dollars each |ici- aniniiii. ( M. ('., sec. L'l'lJ.l Sic. 'J.'Ml'. HoiuI aixl salary of <'h'rk — insp(>c(or rcsponsihh' for «*k'rk. Tlic iiis]M'il(>r ol luuli'is and dcxalors shall he rcspoiisildc lor Ilic acis of said cU'i-k, and shall rciiiiirc him to iiivc liond. Said clci-k shall rc(ri\(' a salary of nvclvc Imiidn-d dollars per aitiiniii. jiayaidc uioiiilily. I M. < '.. sec. I'l'l."). I Sec. 2Hi3. Uoiitl aiul reMiipciisatioii ol iii<'iiili«>rs «»l' board. - TIk' mciiilici's of Ihc hoard of ciijiiriccrs. cxct'iil ihc ius|icctoi- of lioilcrs and elevators, shall eacii receive lonr dollars for eacli session at which llie.v are pi'eseiit ; provi(h'd. said lioai'd sliall not hold to exceed one session per week. Tliey siiall eacii fiive houil in like manner as tiie inspector of hoiicrs and elevators, witli the same ioi:ditions, and in tiie penal sum of tiv(! hundred ilollars. said lioiid to l)o a]i](roved hy the mayor and conii. (jiialiricatioiisor iiumi liters <»!' board and lis<*uly or assjslaiils, shall nofjlect or fail to discharf;e liis or tlieir (hities l)y reason of ineltriety oi- by ne;;leclin^ to perform the duties of ins|i<>ctor, or lo ]ia\ over moneys received for inspection and examination as provided in ilils chapter, or in any manner use llieii- jiosition for coT-rnpl or dishonest ]iiirposes, lie or they sliall be deemed };nilt\ of a misdemeaiior. and on conviction thereof, be lined in a sum of not e.xceedin;; one Imnclrcij ilollars. and forfeit his or their otfiie. I M. ('.. sei'. 22I!>. I Sec. 2U7. What exempt from eliaptiT. Tlie enj;ineers, en ;;ines and boilers of the (ire de|parlmeni. and Ihc locomotive lioilcrs used on railroads, and steam boilers supplied with ualer aniomal ically and having' no pump or injector, and nseplication for license, ami the board shall ^ive him another examination. l''\ery applicant for licen.s<> must make application for a license on a blank furnished by the inspector of boilers and ele»'itors for that pnrpo.se. .\p|ilic;iiits must have at least 1072 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 35. two yeiii's' pxperieuce al iMccliaiiiial or steam engineering, and must write and state iiis exjH'i'ieme on said blank. He shall go before the inspector of boilers and <'le\ators and make oath that the statements set forth in such blank are Irne fads, i M. ('., sec. 2l'i!1.i See. 2849. Licensed engineers ninst {five notice of changes of employment. — Every engineer licensed by the board is ie(iuired to notify the inspector of boilers and elevators when he accepts or leaves his emi)loynient. and within twenty-four hours thereafter the name of his em- ])loyer and the location of the boilers in his charge. Any engineer wlio fails to give such notice iiia\- lia\e his license revoked bv the board. (M. <\, Sec. '.iS'O. Ai)pli<'ation for renewal of revoked license. — A]4)lication for rcucwal of such license shall lie maiiC not later than the third meeting of the board next following the expiration of the license, and unless the .ibove provision is complied with, the board may. at its dis- cretion, order a new examination. (M. C., sec. 2223.) Sec. 2351. Boiler insi>ector's certificate to be posted — pen- alty. — Any steam user failing to place or put in a conspicuous place in the engine-room or boiler-house, the boiler inspector's certificate, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined not less than twenty-five dollars nor more than one hundred dollars. Upon any owner or user of a boiler refusing to i)ay for said certificate, or to ob- tain a certificate of insjiection as jn'ovided for in section 2336, it .shall then become the duty of the inspector of boilens and elevators to at once draw the fire under the said boiler, and not permit its further use until the said lertificate is duly paid foi-, as re(]uired in saitl section, i Ord. 214SO. amend- ing M. C, sec. 2224. ) Sec. 2352. Licensed engineer to make semi-annual report — failure — i>enalty. — Any engineer licensed by the board shall, within the first ten days of January and July, each make a written report to the inspector of boilers and elevators of the condition of all boilers and appa. ratus in his charge, and if he neglects or fails to comply with this section or if intoxicated while in the discharge of his duty, he shall be deemed guilty of a misdemeanor, and on conviction thereof, shall, besides the fines otherwise provided for, forfeit his license. ( M. C. sec. 2225.) Sec. 2353 Expenditures — how paid. — All the expenditures for horses, horse feed, harness, wagons, pnmi)S, hose and other projier ex- penses and necessary ai)]iar.itus for the insjiection of boilei's, shall be charged and jiaid as exjietises for the office of the board of engineers and insi)ector of boilers and elevators, and all bills before being jtaid, shall be audited and ajiproved by the comjitroller. (M. ('.. sec. 2220.) Sec. 2354. Duties of owners and users of boilers. — Be- fore any owner, owners or usei's of steam boiler oi' hoilei's shall have said boiler or boilers j)laced in jiosition. he or they shall notify the insjiector of boilers and elevators, who shall examine the same, and satisfy himself th.at the construction, material, bracing and all other parts of the boiler or boilers are sudi as to assure the safety of the same. It shall also be the duty of any owner or user of any steam boiler that requires repairs to notify the insiieitor of boilers and elevators, who shall satisfy himself CHAP 35 I OF STEAM BOILERS AND ELEVATOHS 1073 that the repairs inaiU» will assure the safety of said boiler or hoilers. Any violation of the provisions of this section shall l»e consideretl a misde- meanor, punishable by a fine uf imi less ih:m ten nor iimri' iIkiii twenty- five dollars. (M. «'., see. 2'2'2~.\ See. 2-J.">5. IJoiltT.s (o ha\i' pliijjs — i-«';;iil;iti«)iis. ,VII boilers shall have inserted in tlieni phifis of brass, tilled with banca tin, as follows: All cylinder boilers with tines shall have one pluj; inserted in one flue of e^ieh tM>iler; and also one jdii;; in th(> shell of eaeh boiler, a.s follows: .Ml phii;s in shells shall have an extei-nal dianiett'r of not less (lian that of one-inch ^as-pipe screw ta[», and an iiitei-nal opeiiinjj not less than one half inch in smallest oiiening. all phijis to be inserted in shell from inside, on 8(!eond shwt from forward end, one inch above Hues; all iilufjs to be in- serted in tines not more than three feet from after end; all I)lug8 to be in- 8«!rled in lines to have an external diameter of that of a three-fourth <;as- pi|)e screw tap. and an internal o[(enin^ of one half inch except Hues or tubes of six inches or less, when pluirs may be \ised with an external diam- eter of that of threeeij;hth {jas-pipe screw tap, with an internal opening of one-fourth of an inch. The inspector of boilers and elevators shall have power to have one l»lug jilaeed in each boiler not jirovided for in this sec- tion, as he may deem necessary for the safety of lives and proj)erty, and it sli;ill Im' the duty of the insjicctor to see that such plujrs are IiIIimI willi banca tin at each insjiectioii. ( M. C, sec. 222S. 1 Sec. 2:W(>. Inspoctiun uf olevator.s — all elevators to be re;j:nlarl\ inspeeteil. — It shall be the duty of the inspector of boilers and elevators [o regularly inspect all elevators used for thie purpose of carry- ing either passengers or freight; to see that the same are in perfect work- ing order, and that all the ]iarts are in good condition and repair. And for this purjiose he shall have the right to enter the premises where any such elevator may be in use. The result of such inspection shall be prop erly recorded in books kept for that purpose in the office of the inspector of boilers and elevators, from which place all notices, certificates, etc., shall b.' i.^sn.Ml. (M. C, sec. 2221).) See. 2.'}.'>7. Elevators — duties of owner. — It shall be the duty of every person operating or using any pas.>jenger or freight t-levator in any building within the limits of the city to cause the same to he inspected and examined by the inspector of boilers and elevators at least once in tlirec months (excepting elevators operated exclusively by hand, which shall be iiis(iectetx-tor of boil ers and ele>-ators as prvs!«,'ribe»^i in the pnH^niins: -seetion, and any user of an ele\"^itor who fails or refuses to obtain said oertittrate shall be dtxnntnl Jiuilty of a niisileine;tnor, and tijH>n ixmvii-tion then^of, Iv tintNl not less than ten dollars nor more than one hnndrvnl dollars, and for each day such violation shall t\>ntinue. after notiiv has been jriATc>n by the ins^xn-tor ot boiler* and elevators. t>r dnrinj: which the jH»rst>n or j»>rs«»ns so notifie*! shall i>«:lect or refuse to cxmiply with the }»t\nisions of this chapter, theri- Sec. 2361. l>efeots— hmv rtMinHlied. — Should any defects b«' found to exist in any ^virt or parts of any jvassenger elevator which would tend to imjxiir the safety, or endanger life by ixmtinutHl usi> of such ele- vator, the ins^ieettu- of boilers and ele\-ators shall cause a written notice to be served u}xin the visers of said ele>^tor, which noii^v may ivntain a state- n>ent of repairs noivssary to be made, and said elevator shall not asjain N- us^ until a certifii-ate in writins: shall K^ issue*! by the insjxHtor of K^ilers and ele\"ators that it has been put in a s;^fe runninjr oriler, and is fit for use. (M. C, see. ±:34.> See. 236:?. "Notice t»t t-haiijres to be i;i\ en. — The inspector of boilers and ele>-ators shall l«e notiiied of any chan::^>s to bi^ made by owners or users of elevators. ^M. 0„ stv. ±2Ci.\> Sec 2363. Biiiliiers of boilers or elevators to iiotif> insi>eetor ami submit plans — to be appro\etl — eertifieate. — Hereafter any manufacturer or builder of boilers, ujmii nnviviuj; a iHin- tract to tx^nstruct a Kuler to W installed within the limits of the City of St. Louis, shall notify the insjieitor of Inulers and elevators of the fact, and submit to him plans and sixvitic;nions of stnue. All plates or sheets used in the ^instruction of any N">iler which is to be install«»»l in any build- ini: within the City of St. Lotiis shall l»e car»>fully insjHH-teil, as well as the workmanship of said lH>iler. by the insinntor of boilers and elcx^ttors, and the s;ime iMudemneti if not in i^unpliamv with the requinnl standartl. Uereafter any manufacnirer or buildt»r of elex-ators, ujhui n^vivinj: a ixu\ tract to e^nect or constrtict an elevator within the limits of the City of St. Iwouis. shall notify the insj^ctor of Inulers and elexittors of the fact, and tile a copy of the plans and s^xxitirtttions of sjiid ele\"ator then>with for his appro\-al, showinsj the siie and construction of the shwnes drvim, r«>ix>s or cables, and all automatic de\-itvs thertxm, to,aether with the dear-amv at toi> and bottom of the shaft, and the automatic bH-kinsi devitx>s on the d»x>rs or gates to the shaft. Before .s;tid tx^iler or elevator is put in oi««'nuion, a cer- tificate shall be olttained as pivvidtxl for in section 2361. ((>nl. 21481, amending M. C sec. 22.'^(»,) See. 2364. Competent operatives to be empU>>ed.— The usi>rs of all power ele\-:ttors shall employ a com}X'ient ix^rs*>n to ojH'rate and run the s;tme. who shall ha\-e a projx^r knowlcilge of all the |»;irts of the ma chinery for the working of the elevator of which he may have charge, and who shall not l>e less than sixteen years of agi\ and of industrious and sober habits. Whenever it shall IxxHMue evident to the insjx>i:i'ai;t.mi:nm' IOTA at once rcplaiT the iiniiiii|ici<'iil ('iiniliivc wiili a <|ualiric(l u|M>ralor. |M. ('., sec. l.'l';!7. 1 Si'c. 236."!. I*«'iialt.v. Aii.v violalinns ol ilic iiiovisiniis nf lliis rhaii- tor, for wliirli a jitMialiv is in>t jirfividctl. shall Ik- (IcciiumI a iiiisdcincaiioi-. iind Ilic |M'i-s(iii, jicrsoiis. ('i>])ai-tii('rslii|i (ir corporation nuill.v tlun-oof sliaii. oil conviction tiici-col'. lie lined in a snin not lews tlian ten nor more than one liiiiiilred dollai's, liefcvi-e the ronri m- ronfls lia\in;r coni|ii'ieM( jnfisdictioii. I M. •".. sec. L':.':!S. 1 C:HAPThR M^. si'Pi'i.Y i«ki\\ht.mi;nt.' Sec. L':!6clioii two of article foiii' of the ("hailer. i.M. ('.. sec. L"_':t!t. I Sec. 2:>i<7. (jiiiilific:i(l(His 4if r. In addition fo the (Hialiticat ions |irescrilicil in section ten of ariiile lour of the ("liarler, the conilnissionef of sup|p|ies shall have lieen a resident of llie iu>r. The conmiissionei- of snp- plics shall feceive a salai'v of ilucc ilicmsaiid li\c hiindfed dollais per year, pavatilc liiniitliiv. I.M. I'., sec. L'L'-ll.l See. 236!l. Hoiul of coiMiiiissioiiwr. — The coiuiiiis.sioner of sup- plies shall s(ale within the city, saiil liond to he apjiroved hy the mayor and council. The condi- tion of said liond sliall lie. that said coniinissioner shall honestly and faith- fully execute and jierforni the duties of his ott'ice as prescrihed hy law and ordinances; that he will not directly or indirectly he in any manner inter- ested in the sale of any article to the city, that he will not, directly or indi- i-ectly, receive any lirihe, jjift or cousidei-atioii of any kind froiii any jierson or jiersons who have lieen. are now. m- likely to lie eiij;ap'd thrnu'ih the de partinent in fnriiishin;; anv snppli<'s or sellinj; any ai'licle to the city. (M. <".. sec. •2-2rj.< Sec. 20711. !>«■ ji II f \ — «l II ( if s — .s a I a r.v. -The couiiiiissioner of supplies, liy and w ith the consent and approval of the mayor, shall a|i|ioint a deputy, who shall, in the aliseiice of the piiticipal, )ierforiii his duties, and shall otherwise ]ierform such iluties as his |irinci|ial shall prescrilM-. The salary of the deputy shall lie at the rate of tifte«'U hniidi-ed dollars |>er an- num, [layalile nionthly. (.M. ('.. sec. li"_'4.''«. I See. 2.'{7I. Sl<'no;;raplu'r— appoint iiM'iit —salary. The commis sinner of su]iplics. hy :iiit, however, that any bid having any alterations or erasures upon it sliall be rejected, and further, that the Commissioner shall have the right to reject any and all bids. Whenever a formally executed contract for the furnishing of supjilies shall be required by law, such contract shall be ap- proved by the Mayor before it shall become binding upon the city; wlienever the Commissioner shall purchase any supplies without advertisement for proposals therefor, such purchase shall be approved by the Comptroller be- fore the same shall become binding u})on the city. When the contract, or the contract and bond, for furnishing the supj)lies for which the proposals were solicited, sliall have been fully executed according to law, or when the furnishing of supi)lies shall have been awarded, the Commissioner shall return to every unsuccessful bidder to whom the contract for furnishing shall have been awarded, the check by him de])Osited as hereinbefore ])ro- vided. The Commissionei' shall, upon awarding the contract for fui'nishing supplies, or the furnishing of supplies not under formal contract, deliver the certified check so deposited by the successful bidder to whom the contract or furnishing shall have been awarded, to the City Treasurer, who shall re- ceive and credit the amount so deposited to the account of "Contracts and Other Deposits Fund," and shall issue (|uadru]>licate r(>cei]its therefor, specifying the date, amount of money i'ecei\(>d and from whom, upon ac- CHAR 36.] sri'l-I.V I>i:i' \KTMENT. 1077 i-iniiit of what ]>ni]K)saI, ami llic aiilhorilv of iliis ai'ticlc, oiii' rccfMjit to Im> delivt'ivd to the (Iciiusitor. oiu' lo Itu- ( "oiii|itrollcr, one to llio Auditor and one to llic CotiiiiiissioiKT of Su)i|ilii's. cacli coiidilioiii'd that if Itic liiddcr shall fully execute, aeeordiu}; lo law, Ihe contract, of the contract and bond, re(|uisite for the furnishing of the su|)|)lies awarded to him, or, when su])- jjlie-s are to be furnished not undei- tornial contract, shall furnish such su])- jilies and in a niuniier salisfactoi-v lo ihe ( 'oniniissioiier. then the Treasurer shall rejiay to the beairr the iunouiil tlc|iosiled u|n)n Ihe suricnder of the Treasurer of the wai-rant hereinafter re(|iiiie(l lo lie issueil to eveiy success- ful hiildi-r. W'lun the coiitruct. or contract oi-[Hn(l] bond. re([>usite for furnish- in}; supplies shall have been fully executed accordiiif; to law, or, whoil sup- plies to bo furnished not under formal eoiii lad. shall Iiave been furnished and to the satisfaction of the Conimissioner. I lie t "(niiniissioner shall issue to every successful bidder aforesaid who shall have iiiade Ihe reipiired de posit, an order direclinj; the auditor to deliver to the pai-l.\ named in Ihe Commissioner's rcceijit aforesaid a warrant direct inj; Ihe Treasurer to pay to said party Ihe amount stated in said ivccijit. The Auditor, upon surreii- *ler to him of the aforesaid order of the Commissioner shall draw a warrant directiii}; tlie City Treasurer to pay lo the order (d' Ihe ])arty named in llie CommissioiuM-'s order the amount therein stated. The (Jity Treasurer shall. u]ioii the surrender of the afoivsaid wai-rant. pay to Ihe iH-arer Ihei'cof Ihe lUniMiiit ihei'ein stated, if a bidder shall have Ikh'U awai-ded a contract for furnishinj; suj)|ilies but shall fail lo execute the conti'act. or llie contract and bond, accordin;; to law, the Treasurer shall, ujion notification from the Commissioner to that clfect, retain tlie amount deiiosited by such bidder; or. if a bidder shall have been awarded the furnishiuf; of su]i|»lies not nnd<'r foi'- mal contract, but shall fail to fully furnish llie same acconliiij,' to Ihe terms of the pro[)osal and bid and lo Ihe satisfaction of the ( 'oiumissioner, llie Treasurer shall, ujion notiticalion from the (Commissioner lo that elTecl, i-e tain tlie amount dejiosited by such bidder; amounts so retained shall be covered into the general fund of the Treasury. (Ord. 22144. amendinji M. «'.. see'. 224.").) S>'i- CliartiT. .\rt. IV. sit. i'J. Sim- also Vrnlln vs, St. I»iil.s. i:U Mo. 26. 181 el srg.. per Shi-rwood. J., disspntlni;. Sec. L';{74. To contract for liu'l, milk and ice^wlicn. --The commissioner of supplies shall in the monlh of .lune of eadi year adverti.se for proposals, and enter into contract on the [)nrt of tlu' city for furnishinj; for the period of one yeai' all fuel and milk, and sliall also in the month of December. .lamiary or Kebriiai'v of each year advertise for proposals, and cntei" into contract on the part of the city, for furnishinj; for the ]ii'rioii of one year all ice fliat may be re(piired for the use of the city hospital, insane asylum. i)0orhouse, female liosfiital, worklionse, jail, house of i-efufje, city hall, oourtiu)use, firc enpine houses and other city of ticea; the articles to be delivered as required, from time to time, at the dif ferent institutions and de|iarlments of the city, and he sh;ill reipiire a .uuod and suflicieiit bond for the faithful performance of said contracts, which shall lie approved by the mayor. ( .M. ('.. sec. 22-lnicnts of institu- tions — contract rc(i!ii>i(«'s. The cominissiuner of supplies sh.ill in Ihe month of .June of each year, and every month thereafter, advertise for proposals, and enter into contract on the part of the city, for furnishing for the jHTiod of thre<* months all meat, butter, lard, tisii, eggs, |)oultry, bread, gasoline, (lour, corn meal. Iiay. corn. oats, and ground feed reipiired for the iKse of the lieallh department, workhouse, house of refuge. j;iil. tire depart 1078 iiE\'isi-:D CODK or: gjcnhkal of;I)IN.\nces. [CHAp. 35. ment and all other departments; the articles to be delivered as required, Crom time to time, at the different institutions and departments of the city; he shall require a good and sufficient bond for the faithful i)erforniance of said contracts, subject to the approval of the mayor. (M. C. .sec. 2247.) Sec. 2376. Piircliases of perishable articles.— All jierLshable ar- ticles, such as fruit and vegetables, that may be required for the use of the hospital, insane asylum, jjoorhouse and workhouse, and house of refuge, shall be purchased by the commissioner of sup])lies, at the best possible i-ates. on the requisition signed by the proper officer in charge of the above named city departments; all of which purchases shall be a[»proved by the comptroller before they shall be binding on the city. (M. ('., sec. 224S.) Sec. 2377. I'ropo.sals, to be advertiMev any one ai-ticie, and when the delivery of same is not to be continuous, tiie commissioner of sup])lies shall advertise for proposals for the furnishing of such articles, and the av\ard on said ])ro|>osals shall be approved by the comptroller, the same as is provided for in section 23S2; l)rovided, that when any article or articles shall be juirchased by the com- missioner as provided for above, and the delivery of the same is to be com- pleted after thirty days, he shall enter into contract for same, as is pro- vided for in section 23S3. (JI. (;., sec. 2240.) Sec. 2378. (iroeeries ami tli'ugrs— propo.sals for. — In the months of Janimry, Aj)ri!, July and October the commissioner of suiiplies shall give linblic notice in the newspapers doing the city printing, that on the tifth day from the date of the notice, he will receive projjosals for furnishing the city hospital, female hospital, insane asylum, smallpox hospital, poorhouse, workhouse, hou.>quisi(i()ns for same shall be signed by (he orticer in charge of the de- partment where such articles are needed, and approved by (he mayor. (M. (\, sec. 2252.) I'llAP. 3.-,.] SflTI.Y 1>K1'.VRTMKNT. 1079 Sii'. 2.'!S1. To 4>\:iiiiin4> iir(i«-I«'s piir<-li:is(Ml, «>(<•.— iiM>mo- randiiin coiUTi-iiiii-;: samr, etc. li shall Ik- ihc duly of ihc loimiiis sidiici- (if sti|i|>lics to pcrsdiially fxainiiie (he articles tliai have been pur- chased by liiiii. and delivered to the several instihitioiiK or dejiartineiits of the city, and see if tlie said articles are of the standard kind and i|nalily as re(|nired by the lerins of sale; where he shall liiid inferior articles have iH^en delivered, he shall al once reject all such articles, and shall iu)t certify the bill for the same for payiuenl, and re])ort all (he facts to (he mayor. It shall be the duly of the commissioner of supjilies, \vli(>never sii])plies of any .sort are furnished to any institution or dei)artmeni of the city jjovern- Mieut, to send with such supplies a niemoranduni, statinji' the quantity, (pial ity, weij;ht or measure and price of each article sent, which niemoranduni shall be returned to tlie commissioner iif snp])lies with the indorsement thereon of the suiierintendent or other person in charjie of (he departmenl or institution as lo its correctness. e.\ce|)t in resjiect to the ju-ice thereof. The commissioner of siipiilies shall kee|) all such memorandums or i-eceijits as vouchers for an_\- jmyment he may make either for "joods purchased in the open luarkel or uiiilei- udvei-lisemeiit . ( M. ('., sec. 111'.");!.) Sic. L'.iS'j rur<"has('s, wlu'tJier un«lor coiitraj'l <>r not — duty to approve- ll shall he the dnl\ of (he commissionei- of sn|iplies lo a]>pro\('. if correct, all i)urciiases for sujiiilies furnished the city, whether purchased under any contract with tlie city or otherwise. If a ipurclia.se is made under any contract, the commissioner of supplies shall state on the hill of jmrchase the date of the contract and the date of the ajpiu-oval by the mayoi-. If the imrchase is not made under any contract, it shall be approved by the comptroller, and a certified copy of the re(|uisit ion for the articles mentioned in said bill shall be attached to the same. The auditor shall not audit and allow !iny bills for siip|ilies tinless the forc^oini; jirovisions are "•omplied with. iM. U., sec. Ii2."i4. ) Sec. 2:^83. lioiids roquinMl for pcrformaiicj' of contracts. — I'he commissioner of supplies shall rcipiire all parties contraciini; ihinu^h his dejiartineiit to ^'i\t' j;ood and suftiiieni bond for the faithful perform- ance of said contracts, to be a]iproved by the mayor, and all contracts shall I outaiii a clau.se that the articles to be furnished are to be delivered to the various city institutions or deitartmenis free of cliarjre for traiispoi'tation. and that the city shall allow no char^re for packajjes. i .M. (".. .sec. •_'l.'."i."i. i See. 23.S4 Hids, t4» bo declined, wlien.^Wlicn tlic commis- sioner of snp]ilies tinds any jiarty en;,'aj;eil in selliiifi or deliveriiif; any ar- ticle to the city who has failed or refuses t() comply with the terms of his contract or a;;reement, or when a party fails to make restitution to the city ('or any loss the city has met by failure or nejrlect on his part to comply with the terms of his a<;reement, then the commissioner of supplies, with the cons<>iit and appi-o\'al of the mayor, shall decline to I'eceive any further bids from said party for any articles to be furnished to the city. I.M. C'.. sec. 22uG.) Sec. 2:iiSJ. Surplus, or refuse pniperty, t« be .sohl, wlieu. The commissionei' of suitplies shall, when directed by the comptroller, ad- vertise in the newspapers doin^ the city printiii};, for at least three days, lor jiroposals for the purchase of all surplus. c(Uidenined. or other refu.se pro|)erty under his conirol. Such advertisement shall state sjiecitically the character and quality of the article or articles to U' disposed of, the time and place when and wheri" tin- Itids shall be opened, with the right re- IQyQ REVISED CODE OR GENERAL ORDINANCES. ICHAP. 37. served to the comptroller to reject anj- or all bids; provided, that any re- jection or award of bids be done by and with the consent and approval of the mayor. (M. C. sec. 2257.) Sec. 2386. Disposition of moneys received from such sales. — The money received from the sale of all surplus, condemned or other refuse property, shall, within one week from the day of sale, be paid by the commissioner into the city treasury, taking the treasurer's receipt in tripli- cate therefor, and filing one of those receipts with the comptroller and one with the auditor. (M. C, sec. 2258.) CHAPTER 37. TREASURY DEPARTMENT. I. Ot the department II. Of auditor. III. Of comptroller. IV. Of treasurer. .\RTICLE I. OF THE DEPARTMENT. See. 2387. Composition of department The npasmy depart- ment of the city government shall consist of the auditor, comptroller and treasurer. (M. C. sec. 2259.) Sec. 2388. What accounts and bills to state — All accounts, bills or claims which are presented for settlement and allowance against the city, must state by what authority, for what purpose, and at whose direction the liability is created, the price or rate charged, and the total amount written out in full, and the proper officer having knowledge of tlie fact of the case must certify thereto before its allowance; provided, that no officer shall i)resent for allowance in his own behalf any claim based on the payment by him of a sub-voucher where it is practicable to have such voucher audited and allowed in llic iiniiie of the original ]iarty. (M. C, sec. 22r,0. ) Sec. 238U. Accounts to be forwarded to auditor. — All ac- counts, claims and demands which are required to be certified to as pro- vided in the next preceding section must be ])i'ej)ared by the respective officers and boards of the cediiig month. At the same time they .shall jirepare and (hdiver to the com])troller detailed statements of all such claims and demands, representing the names of claim ants, tlie nature of the demands, and the i-espective and total ainonnts thereof. ( M. <'., see. 22(n . ) Sec. 2390. B (» ii d s , etc., by whom and how paii:p,\utmi:nt. lOgi mciit by tlio troasurt'f, on arcouiit of siiili |ml>lic iiidchtcdnoss. sliall Ihj ai'i'ountfd for liv and allowed to him as jd-csi rilH'd in section L';!!)l. To inoct the pa.vnieiit of iniliiic indeliledness hy the liaiiks seleeted or desij^naled as fiscal ap'nts of the eitv. and where said bonds, noti's, coupons or other pub lie indel)tedness may liave been made payable, the treasurer shall, upon re- ceipt of anat. All such fiscal aj;ents shall, upon ri'ceipt of remittances from the treasurer, acknowled{;(> the same in writin;;; duplicates of such acknowledfj- ment shall be sent one to the ci)m[iIroller and one to the amiilor. and the proper entries shall b(> made U|ion the books of the city accordinj^ly. All such fiscal ajrents or de[)osiloi'ies shall return to the treasurer the bonds, notes, coupons or other public indebtedness of the city, paid by it or them on the first iLiy of each month, as far as practicable, with the full statement of the city's account; duiilicates >{ bon4nn. helow. For provisions concernlnK Sinking I''iind fur pnynunt of lioml.s, see Charter, .Vrt. XIV; power of city In Reneral to borrow money, see Charter. Art. III. see. _'i;. clause 1. and references In the note thereto appended. Sec. 2;}!)1. .VceiMiiif >^ ot Ireasur*'!' a.-* to viinvvWvil 4»l>li.- Once in each riioiiili. oil or before ilie leiiili day iliereof. or ofletier. if the treasurer de- sires it. upon a writleii noiice from the treasurer. tht> comptroller and chair- man of Ihe ways and means committees of the council and of the house of dek'nafes, shall meet and e.vamine. count and cancel all bonds, notes, cou- pons and other indebtednt'ss of Ihe city, paid by the treasurer or returned to him by the fiscal ajjent.s of the city and certify the amount thereof, in- cliiiiini; commissions and e.\|K'nses. and deliver the same to the auditor for safe keepinir. lakin;; Ihe auditor's triplicate receipt therefor, one of which shall be delivered lo Ihe comjitroller. one to the treasurer, and one to lie retained by the auditor. The payments of all bonds, notes, coupons or other indebtedness by the treasurer as asciM-tained by the comptroller and chair- man of the ways and means committee shall be audited and allowed as other claims are. The comptroller and chairman of the ways and means committees shall also ascertain the nature and amount of all <-laims that Ihe city has a}j;ainsl any person or jiersons standintj upon the books of the auditor, which are more than fifteen years [)ast due. which in their jud^;- meiii are worthless, ami shall direct the auditor lo transfer said claims to a 1082 i:i:visKi> coijk or gknekal ordinances. icmap. 37. siispftiise accoiinl. niui the amount tliproof shall not tlicroaflcr he indiulcd in Ihe statoniont ot llic assets of the cily until the whole or souu; part thereof shall have been (((llccicd hv the cily, ( M. C, see. 2l!l!.'>. 1 See. 2392. A4'«*ouiits of «'«niii»t roller and fmul (*4>iiiniissioii- tT.s. — Similar .vel ileiiients sliall he made hy the committw of ways and means of both houses of the municipal assembly with the eouiptroller for whatever public debts may be paid by him, or on his account, and with the fund commissioners for such as may be purchased and retired by them, and in every case of such settlement similar certificates shall be givcm in behalf of (lie comptroller and fund commissioners, respectively, iij)on which they shall receive all pr<)])er credits on the books of the auditor and comptroller, and all coui)ons detached fi-om bonds and returned to the fund commis- sioners shall be i-ecei])ted for in duiilicate, and charged against them on the books of the auditor and comptroller. (M. C, sec. 2264.) Sec. 239:5. Sales, bonds and loans reporteil to auditor. — .\1I sales of bonds, notes or other negotiations for loans made by the mayor and com]itroiiei' sliall be immediately reported to the auditor, upon Miiich he shall make the jiropei- entri(>s on his books, and the proceeds of all such sales oi' negotiations shall be at once delivered to the treasurer. I M. C, sec. 220.-;.) Sec. 2394 Reports required — what to contain. — Annual and semi-annual rejtorts of the business under the charge of all fiscal officers and department boards of the city shall be made and delivered to the comp- 1 roller on tlie second Tuesday of April and October, respectively, of each year, in relation to all the business under their charge sim-(! their last an- nual report. That of the auditor shall jiresent a balance sheet of all ac- counts at the date of his last annual i-ejiort, the aggregate debits and credits, respectively, in detail, added I0 each account since, and a balance sheet of all such accounts at the date of the rejiort, and shall contain such other information in relatioti to the business of his office as may be re(]uired. That of the treasurer shall represent the cash on hand at the date of his last annual report, the amount since received and the amount paid out in detail to th<' debit and credit, respectively, of the various accounts on his books, the balance remaining on hand, and of what it consists, and where it is de- l)osited in detail. Similar monthly re])orts shall be made by all fiscal offi- cei-s and department boards, and siduiiitted to the comptroller on the stM;'ond Tuesday of each month, and all reports shall contain a list of all i:i-.\i:t.mi:nt. 1083 and all ri»nirai-ts imisl lie (■()iintfrsij;[U'fli<'c. and lilcd with llu- rc^jislcr for sari>^ki'c|>in};. i.M. C, HPr. ■_'2(;7. 1 As til till- proper execution of clly contracts, nnil the various provisions of the Constitution, statutes and Cluirti-r provisions conrernlntc the same, and tlw necessity of lonipllance thorewUli. sei' noli' to sec. 7 of .\rt. XVI of the Charter. Si, J.)!"!; Coupon lioiuls may bo oxchany;*'*! for rcjji.s- tiTt'il boiitlM. I |Miii api>liiaii<>ii of llii' lioldcrs ol any ((nipoii liuiids, liori'Iororc issiii'd or lioreal'tiT issued hv the City of St. Lonis, the ri{;lit lo c-x<'lian};o whicli is not oxiiivsscd on the faco of stu'li Ixmds, and n|ion stii-- it^ndcr tlu'ivof, at tlie oflice of the comptrollor of the Cily of St. liOiiis. lir, the said coniiitrolicr. is Iicrcliy aiiliiori/.cd to issue (o and in the name of such holders reoisleicd honds of lik<' leiiof and ainoniil in one or more cer liticates, and siuh coniioii ImukIs and the coupons allaehed thereto siiall lie lanrelied liy the saiil comiPtridler ininieiliattdy upon lieino; snrriMidered to him liy stanipiii<; or wi'iiinji I he words "("auceled," "e.xehaiioed for re^is- lered hoiul No. , dated ," in red ink across the lace of the honils and by eancelinji the sifinutHres td' the bonds and eon|ioii wiih a caiicclin'r punch". I M. C. sec. 'JJCS.l See. 2.S!i7. Coiitciits aiui form of r<'fj:istt'r«Ml hoiuls. — Tin- registered bonds issued nniler this article shall be eiioraved; provitled. how ever, thai the name of the holders, the anioiint, mindiers, and other descriji- tions id' the con)ion bonds for which they are exehanoed and such other mat ler as may be impraci icable to eiijirave may be written or stamped on the bonds. The refiislered bonds shall contain llie nami' of iIh' bidder or hold- ers thereof, the amount and numbers of ihe coupon bonds for which they :'ro exclianp'd. and shall be sifjiied b\ ihe mayor, eomptrtdler and treasurer of the City of St. Louis, and attested by the rt'jrister of said cily with the seal of the City of St. Louis thereto affixed, and re;;istered by Ihe andilur of said city in the name of the holder oi- ludders thereof; ]>rovided, howc\cr. ihal the refiistered bunds shall not Im- siiiiied by the mayor, coinpt roller- and ireasiirer until the coupon bonds and rei^istered bonds fur which they are exehan<;ed shall have been canceled, as provided in section "JUMl. When the amount is written in the bond, the bond shall In- |ierroiaird with the li;:ures and characters exiiressinjj the amount for which it is issued. The re;;islered tuind shall have printed on the back thi-reof Ihe forms and retpiiremeiits re iatin;]; to the transfer of the same, i .M. C., .sec. lllJtjU.) Sec. 2.398. Traiislci- of r«'y;i>tci<-(i homls — cain-rllatioii — lU'w rofjintortMl bonds to issn*'. — L'pon application of tin- holdeis of refj- istered bomls issued under ordinance numlier seventeen thousand two linn- dn-d and tiftynine, or of their lef,'al representatives, and upon surrender of •siirh bonds at the office of the comptroller of the City of St. Louis, he. the .said comptroller, is hereby authorized to transfer the .same on the books of the citv to suih persons or corporations as may be desij;nated in the ajijdi cation. The transfer of such bonds must Ik- in wrillen or printed form, in dorwd ujion the bai-ks of the bonds, and must be acknowleilp-d Ix-fore a notarv public or other officer authori/ed uiidei- the laws of this state In take ackno\vletl;;meiils to de<'ds for transfers of real estate, or the signatures of Ihe registered holder of tlie bonds must Im- attested by an officer of one of the banks or banking hou.ses desigiialeil to act as (he fiscal agents of the citv in New York or London. .Vpplicafiiuis for transfers must Im- filed at the comptrollers office in Ihe City of St. Louis at least ten da.vs lM«fore th<' 1084 KEVISEU CODK OR GENERAL ORDINANCES. [CHAP. 37. date of payment of the semi-annual interest next due on the bonds. The bonds so transferred and surrendered, shall be canceled by the comptroller, who shall issue new registered bonds therefor, cancellation and issuing of new bonds to be done in the same manner as is prescribed hereinbefore, in the case of coupon bonds exchanged into registered bonds. (M. C, see. 2270.) Sec. 2399. How principal and interest of registered bonds paid. — The payment of the jirincipal and interest of the registered bonds as the same become due shall be made by draft, j)ayable to the order of the holder at such place as is designated iu the coupon bonds for the payment of the principal and interest; in cases where the principal and interest of the coupon bonds are payable in two or more places, at the option of the holder, the said holder shall express his preference for either one of the places at the time of issuing the certificates, at which place so preferred the said draft shall be made jKiyable. (M. C, sec. 2271.) Sec. 2400. Cancellation of bonds -certificate of— auditor to preserve. — The bonds and coupons for which the registered bonds aforesaid are issued, as also the registered bonds in cases of transfers, shall be canceled by the mayor, comptroller and treasurer and delivered to the auditor of the City of St. Louis and his receipt taken therefor. The auditor shall preserve said canceled bonds and coupons and registered bonds in his office in like manner as other canceled bonds and coupons. The mayor, comptroller and treasurer shall certify, in duplicate, to the cancellation of all bonds and coupons canceled under ordinance number seventeen thousand two hundred and flfty-nine; one of the certificates of cancellation shall be filed in the auditor's office, the other to be preserved in the comptroller's office in a book to be kept for that purpose. (M. C, sec. 2272.) Sec. 2401. Mayor to appoint examining: coniniittee. — The mayor shall annually employ a committee of three persons not connected with the city government, one of whom at least shall be an experienced ac- countant, who shall examine the books and accounts of the comptroller, auditor and treasurer, and of such other officers and boards of the city government as the mayor may direct, to ascertain if the same have been properly kept and balanced. (M. C, sec. 2273.) Sec. 2402. Coniniittee to report to assembly. — The said committee shall report the result of their examinations through the mayor to the municipal .-issembly immediately after the close of such examination, and if their report be ap]»roved by the municipal assembly they shall cause the necessary entries to be made iu the books of the comptroller and au ditor to show the condition of their offices at the end of the fiscal year, and if the close of such fiscal year is the close of the term of any officer, to also show the delivery of the effects of their offices to their successor in office, which entries shall be attested by the signature of the committee. (M. C, sec. 2274.) Sec. 2403. Committee to examine treasvirer's accounts. — The said committee shall examine the books, papers, accounts and vouchers of the treasurer, count the money iu the treasury, the auditor's warrants and certificates on hand, and comi)are them with the treasurer's register thereof, and do all other things necessai-y to a complete examination of the affairs of the treasurer, and report the result of their examination as pro- vided in the preceding section, and if their report is approved by the mu- ART. 11.) ol- AiniTcii; 1085 nirijiiil nsscmlily llicy shall iiiiikc sctllcinciit willi that (>ffi(«'r to (lie cinl tif the tiscal year, and also for the tinii' t'lajisinj; hclwci'ii that ami the time of his f;oiii^ out of 4>fl\it', ami shall caiisi' the ucccssarv entries to he made on liis tiooics to show the condition of his oftiee at the end of the liseal year, and at the time of his jioin<; out of ofliee, \vl\i(li entries sliall be attested by the signatures of the committee. All accounts and vouchers of tlie treasurer ehali, after hein-; examined and found correct, he Inriu'd over to the aiulitor for safe kii'iiinj;. and his receiiil taken therefor, ami all evidence of ]iayment Rhall he jilainly marked ujion the face of each ai-c(Mint or voucher before heiii^' turned hmm- lo the audiior as herein iiroNidrd. i M. ('., sec. 227").) See. 2(04. Special exaiuiiiatioii — wIumi iua. — Tlie snid com- mittee shall, in like nuuiuer, examine the hooks ami accounts of such offi- cers aiul boards as they shall be directed .so to do by the mayor, and in the manniM- afoi'esaid i^'jiort to the municiiial assendily the result of such examination, and if their report is a|i|>ro\ed they shall make seltlenuMit with sui-h oflicers and boards to the end of the tiscal year, and shall cause the nece.ssary entries to be made on the books of sucli oflicers and boards to 8lio\v tlu» c(Midifion of offices and boards at the end of the fiscal year, which entries shall lie attested by the sifrnatures of the committee. iM. ("., sec. 227t;.i See. 2405. Coiiipt'ii.satiou of rimmiitti'i'. -'I'lie comiiensation of said committee shall not exceed fifteen hundred dollars, and shall be paid out of the a]>|ii'o|)i-iati(Ui for contiuirent ex[ienses. (M. C, sec. 2277.1 .XKTlil.i: I 1. OF .\fPlTOR.» See. 240G. lioiul aiul .salary. The auditor shall a'wv bond lo the city in the sum of one hundred thousand dollars, with not less than three <;ood securities, who shall be holders of unincumbered real estate within the ciiy; said bond to be ajijiroved by the mayor and council; and he shall Ix' responsible for all acts of his employes. He shall receive a salary of four thousand dollars per annum, payalde monthly. (.M. C. sec. 2278.) Bond not l»-ss thnn »ino.OOO: Chartt-r. Art. IV, sec. 21. •■■>;• ... Charter. Art. IV. sees. 21. 47-48; Art. V. sees. 8. 11. 12. 1.! Prioi iiii.jitiMK laws n-pt-alcd by »..-c. 16 of Art. 16. of Charter: State vs. Francis. 89 Mo. 408. holding that an Itemized occount Is one which speclflcs the Items making up the aKKreg^tc. Conclusiveness of settlement by auditor: Gas L. Co. vs. St. Louis. 11 Mo. App. .^5; a. c. 84 Mo. 202. An auditing officer cannot be mandamused to audit a claim for which then- Is no appropriation: State ex rel. vs. Brown. 141 Mo. 21. But he may bo com- pelled to draw his warrant to pay the police out of any general revenue, the State law being In effect an appropriation: State ex rel. vs. Mason. 1S3 Mo. 23 (Marshall. J., dissenting on this point). Duty to audit bills for meals of Juo' In criminal case: State ex rel. vs. Smith. 5 Mo. App. 427. Auditor cannot review correctness of court's settlement of sheriffs accounts In general term; his sole duty Is to Issue his warrant which may be compelled by mandamus: State ex rel. vs. Brown. 72 Mo. App. 651. 1086 i;i.:\isi:u code ok cknioiial oudinancks. [chap. 37. Set'. 2407. Jieputy auditor — first and second— offices cre- ated — salaries. — There is liereby established the oltices of tirst deputy auditor, and of seeoiid dejmty amlitoi-. and said officers arc autliorized to perform all duties re(iuired h.v law or ordinauce to be iieiforiiied by tlic auditor; said deputies shall Im- ajipointed by the auditor, subject to the approval of the mayor; and hold their jiositioiis during the ])leasure of the auditor; the first deputy auditor shall receive a salai-y of tweuty-five hun- dred dollars per annum, and tlie second deputy auditor two thousand dol- lai-s per annum, ])ayable monthly. 1 .M. <'.. sec. 22711. 1 Sec. 2408 Clerks— s alar 1 es .—The auditor is hereby authorized, with the approval of the mayor, to a])]ioint the clerks employeil in Ins office and determine the nund)er thereof. Their compensation shall be as fol- lows: One clerk at eightwn hundred dollars per annum; ihrw clerks at fifteen hundred dollars per annum each; and al! other clerks at twelve hun- dred dollars per annum each; all the above salaries to be paid monthly. He shall ])rescribe regulations defining their duties and I'ov their govern- ment. ( Ord. 22112, amending M. C, sec. 22S0. ) Sec. 2409. General powers and duties.— The city auditor shall be the general accountant of the city, and shall receive and preserve in his office all accounts, books, voucheis. (locumeuts and papers relating to the accounts or contracts of the city, ils debts, revenues, and other fiscal af- fairs. He shall state and render all accounts filed or kej)t in office, whether between the city and any officers thereof or between the city and any other person or body corporate, except when otherwise provided by law or ordi- uance. He shall establish proi)er rules for the government of his office and prescribe the form of accounts, and of all certificates and receipts to be attached thereto. He shall have the power to administer oaths, and shall require settlements to be verified by affidavits whenever he thinks i)roper. He shall keep the accounts of the city, gcTieral and special, in a systematic and orderly manner in the fV)rm of double entry book-keejiing. The auditor shall not allow any papers, vouchers, documents or books belonging to his office to be taken away except under legal jtrocess. (M. C. sec. 2281.) .S'l- Charter, IV, sec. 21. Sec. 2410. Shall audit and certify accounts and demands.^ — The city auditor shall examine, adjust and audit all unseliled ac<-ounts. claims and demands against the cily. for jiayment of which any money may be drawn from the city treasui'y, wlien such claims and demands are cer tifled and presented in proj)er form, and are duly authorized by law or ordinance, and after having examined the same with all accompanying documents, and found them correct, he shall certify thereon the balance or true state of such claim or demand, and diaw his warrant foi- the same on the treasui-j- for the payment tlieicof; provided, no such claim (u- demand. or any part thereof, shall lu^ audited against the city, unless it is author ized by law or ordinance, and is in proper or fully itemized form, and the amount required for the payment of same shall have been a|)i)ropriated for that purpose, by oi'dinauce; provided further, that all unadjusted accounts before they are audited must bear the necessary certificates and signature of the officers having knowledge of the facts, and shall be allowed by the auditor and com]it roller, or, in case of their disagreement, then by either of them and the mayor; and ])rovided farther, no wariants shall be issued on any approi)riation. unless there is an \uiexpende(l balance to the credit thereof sufficient to cover suili warrant, and money in the treasury to l»ay it. (M. C, sec. 2282.) Cliartir. .\rt. V. see. i:!. t^ee alpn ih.. IV. sec. 21. ^UiT. II. I OF AIIMTOK. ]()K7 Sec. 2411 Warranl to s|M'rir> riiiul— shall laUo rocoipl. — Kvcrv \v;ii-i-;iiit drawn li\ llu- ainlildi- .shall .sipccilv lln- riiinl |ii-<>|iii:i' tioii out (>r wliicli it is to Ik' jiaid; and iH'Ton- it.s delivery to the party en titled tliereto llie auditor shall re(|iiire of said party a iiroper and lejjal receipt for said amount thereof, wliieh shall be attached lo said claim and demand: and said accounts, claims and ilemaiids, and the recei|)ts and ac- companviu}; papers, shall he liled hv (he andidii- in his (irii<-e. ( .M. ('.. .xec. 8ee. 2412. Claiiiis to Uv audited and paid within one year. — No claim afj;ainst the ciiy which is not l'ound*'d on a liond oi- oiher instrument of writinj;, executeti by the ci(y, shall be audited and paid which has not Imvii presented within one year from the time .«ucli claim became line. This shall also include all jury and witness fees and costs of inipiesis for which cert iticati's have been issm-d. i M. ('.. sec. l!:.'M.i Sec. 241.'}. I iiciainiiMl li\t'->t'ar warrant.s liarri-d. — Whcncvir any warrant drawn on the city treasurer shall have remained in the ]»os .session of the city auditor for live years, unclaimed, or not called for by the person in whose favor it shall have been drawn, or his or her leji;al rejirc senlati\('s, the mayor shall order the comptrollei- and aua\nu'iil within Tim- years l»arrciiiir delivered, shall not Im- presented to the city treasurer for jiaymeut within tive yi-ars after the date thereof, such warrant shall be barred and not jiaid b.v the treasurer, noi- shall it be i-ecei\-ed in payment of taxes oi- other dues, i M. ( ".» sec. 22SI>. i >Sec. 241.~>. Sums reniainin.u unpaid on |>a>-r<»ll for on«- y <» a r — transfer of. -Ail sums of nioiie.\ remainini; nnjiaid on pay-rolls relmned b\ the city treasurer to the auditor's oflice and uncal!et draw a warrant on th(( treasurer in favor of any |K'rson who is indebted to the city, or the assi>ini»e of such person excejit for the balance which may apjN'ar to be due to such pei-soii. over and above the debt due the city; nor shall he di-aw a warrant iti favor of any otticer who is in arrears or in lie- fault lo the city, i .M. (".. .sec. 22S,s. ) S.I' 2417 I'npaid sums dtie eily from »-ity o(1i<'ers— a<'t ion. -Whenever, iijiiin the adju.si mciil of any account, a sum of nruney shall Ih' foumi by the auditor to be due lo the city, fi-mn any city oflicei-. and the same shall not be paid into the city treasury within leu days after the adjustment of the account and the treastu-er's receipt therefor deliv ered to the auditor, he shall ceitify the amount so due lo the mayor, who shall order suit to Im- commenced a^'ainst the delim|ueni. or lake such other measures as in his ju(ls;ment will most elVcctnaliy secuie the city from loss. iM. ('.. .sec. 22S!1. 1 1088 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 37. See 2418. Duties as to copies and as to inspection of boo lis, etc. — The auditor, whenever required, shall furnish the mayor or municipal assembly, or committees thereof, copies or abstracts of any books, accounts, records, vouchers, or documents in his office, or any in- formation in relation to anything pertaining to his office, or the revenue of the city, and he shall at all times j)ermit the mayor or any member of the municipal assembly, the comptroller, or any other officer interested, to examine any books, papers or documents in his office. (M. C, sec. 2290.) Sec. 2419. Fiscal term. — The fiscal term of the auditor shall com- mence on the second Tuesday in April in each year. (M. C, sec. 2291.) Sec. 2420. Appropriations— duties as to. — Whenever the munici- pal assembly shall, by ordinance, ajijirojiriate any money out of the munici- pal revenue, or out of any special funds, or shall transfer money from one fund to another, the auditor shall immediately make such transfer on his books, in accordance with the ordinance. And if any appropriation be made by ordinance in behalf of any public work, the auditor shall, as soon as the work is completed, transfer the balance remaining to the account or fund from which it was originally ai»pr()j)riated. (M. C, sec. 2292.) Sec. 2421. To have free access to books of officers.— To enable the auditor to execute the provisions of this chapter, it is hereby made the duty of all city officers having any books, records or accounts in their possession, to allow the auditor free access to the same, to make such examination as he may deem necessary. ( 'SI. C. sec. 22!l.">.') See 2422. Trial balance to be made monthly The audi- tor shall make and keep a "trial balance" of his genera! ledger once each month, and shall include in his annual and semi-annual I'cports to the com])- troller a copy of his "trial balance," and shall communieate' such other in- formation pertaining to the business in his office as may be required or rendered necessary. (M. C, sec. 2294.) See. 242.3. Statements to be rendered by comptroller charged to collector, etc. — The city comptroller shall render to the city auditor a statement, accomjianied by a receipt from the city collector, of all licenses, tax bills and other bills countersigned by him and turned over to the collector, whenever and as often as any licenses or bills shall be so delivered to the collector, and thereupon the auditor shall charge the col- lector with the amount so reported by the comptroller. And the comp- troller shall furnish the auditor with all settlements made with the officers of the city, and such other statements as may be deemed necessary to ef- fectuate the purposes of this chapter. (M. C, sec. 2295.) Sec. 2424. Books and records— what to be kept.— The fol- lowing books and records shall be kej)t by the auditor in his office: First — A record of claims: With appropriate columns and headings, wherein shall be entered every account allowed or paid, showing on what account made, its date and name of claimant, the amount claimed, amount allowed, amount rejected, number of warrant, the fund paid from and such other information as may be desirable. Second — Warrant books: With stubs showing the date of warrant, their number, amounts, the fund ]>ai(l from, the numbers of claims and names of claimants, and such other information as may be useful; which stubs shall be kept and preserved as records of warrants issued. AKT. 111. I • OK COMPTr.m.I.KIt 1089 Tliinl— 15ills pavalilc liooks: liiin which |sli;ill I ntci-ctl] all Ih.iuIs. iioti's, hills aixi all i.lhcp wiilicii i>l>li;,'al inns, j^ivni or itavahlc liv Ihr cilv. with tin- iiaiiic ol' Ihc iiiakcr. \>:^\^^^^ aii creuteil. There is herein crealed the oflice of <-oinptrolIer. i .M. ('., see. L'297.) See. 2426. Bond of foiuptrollci-. Ihe (i.m|Hrnlier shall give bond to the city in the sum of thiee hundred ilnuis,iud dnllars. with not less than throe gnnd securities, holders of unincumbered real estate in the (Mtv of St. 1-ouis, to be upjiroved by the mayor and cnunc il. i .M. (_'.. sec. 2l.'!)8.) Same n.H Cluirt^T. .Vrt. IV. soc. 2U. Sec. 2427. Comptroller's powi'rs ami s The enmi^trnller shall exereisp a ■;eM( imI siipeivisinn n\er Ihe tisial all'airs (d" the city, (he collection and i-etui'H into the treasui'y anil disbursement of ail revenue and inniu'vs nf the city; rescribe(l ami observed in relation lo all accnunts, .settlements and re|)orls connecfed with the fiscal concei-ns nf the city: thai im liability is incurred or expenditure made from Ihe treas- ury withnut due authority of law, and that appropriations are not f)vi'r- drawn, lie is esix-eially charfjed with Ihe preservation of the credil and faith nients of tlie city, with careful stale- ments ami estimates of receipts and expenditures. The records in his of tice shall show the tinancial operations, condition, property, a,s,sels and •Charter provisions atrcctlnK comptroller: Art. IV. seen. 1. 20. 23, 24, I»: Art. V, spcs. 5, S, 12. 13, 2S, 28. 2»: ArL VI, sors. 10. 21. 26. Art VII. ».•<.. 10: IX, sec. 8; XII. spc ": XIII. sec. 6: XVI, urcs. Tr H. 1090 REVISED CODE OR GENERAL ORDINANCES. ICHAP. 37. claims of the city, the expenditures authorized for public work and all con tracts, with name of contractors, in wliidi the city is interested and tin- bonded or ntlier indebtedness of the cily. He shall require all claims, re- turns, settlements or reports to be vei-itied by affidavit. He shall counter- sign all warrants drawn on the city treasury for any payment except as hereinafter provided, and shall duly record the amount and nature of same. He shall have access to the books and other records of any department under the city government, whenever he so desires, and he shall see thar the accounts of the city are kept in a plain, methodical manner. He shall have a .seat in either branch of the municipal assembly, with the right tc debate on any question pertaining to hi.s depai'tment, but shall have no vote. Should any judgment be rendered against the city for which no provision has been made by ordinance or otherwise, the com[)troller is authorized, with the approval of the mayor, to effect a temporary loan to meet the same; and to do and perform all other acts, with the approval of the mayor, necessary to preserve the credit and property, or rights of the city, and perform such other duties as may be provided by ordinance. All delinquent or sjtecial tax bills, and all other claims, marshaTs, .sheriff's or constable's deeds, or certificate of sale in the nature of liens on ])roperty in which the city is directly or indirectly intei-ested as owner or ci-editor, shall be deposited with the comptroller, and his leceipt taken therefor and filed with the auditor. He shall keep a full and complete register thereof, and whenever the treasurer's receipt is presented and filed in his office for any such bill or claim, he shall release the same on the register, aiid when neces- sary the mayor and comptroller shall execute a ijuitclaim deed for the property redeemed. (M. C. sec. -l![)!t.) See Charter, Art. IV', sec. 20; V, sfc. 2G: VI, sec. 24: ana notes thereto. Sec. 2428. Offices of fir.st as.sistant and secoinl assistant comptroller created — duties and powers. — There i.* hereby createii the office of first assistant comptroller, and second assistant compti'oller. The first assistant compti-oller and the second assistant comjitroller shall be appointed by the comptroller, subject to ajjproval by the mayor, and shall perform such duties as the com]itroller may direct, and the first as sistant comptroller, in the case of the absence or sickness of the comptrol- ler, shall perform all the duties of the comptroller, and the second assistani comptroller shall in like manner perform all the duties of the comptroller, in the ca.se of the absence or sickness of both the comptroller and first as- sistant comptroller, and said officers when performing the duties of comji- troller, shall designate themselves as "acting comptroller." and the comp troller and his securities shall be responsible for the official acts of the first assistant comptroller and second assistant comptroller. (M. C, sec. 2300.) Sec. 2429. Office of supervising accountant and statistician. — There is hereby created the office of supervising accountant and statist! cian. The supervising accountant and statistician shall be aj)pointed by the comptroller, subject to approval by the nmyor, and shall perforTU such duties as the comptroller may direct. In case flie com])lroller. the first assistani comptroller and the second assistant com|itroller should all be absent or sick at the same time, the supervising accountant and statist ician shall perform all the duties of comptroller and shall designate iiimself while in the performance of such duties as "Acting Comptroller," and the comptroller and his securities shall be responsible for the official acts of the supervis- ing accountant and statistician.. (Ord. 21407, sec. 2300 A.) Airr 111.) OF CKMl'TnoLKKK. lOill Si'i". 2430. Sal a r i «' M -Tlif ( oiii|«lriillcr shall rcn-ivc an amuial sal ary of five Ilioiisaml dollais. ilic lirst jissislaiit ctuniplrdllci- an animal sal- ary of twt'Mtv live Inindrcil (Inllars, tlic sccoml assistant coinptrollcr an an iiual salary t)f eifihtocn Imiidri'd dollars, and the sinicr\ isini; acconntant and statistician an annual salary of twenty live linndri-d ilidlars. (M. 7, sec. 'S-Wl A.( Ord. '^1407 llxcd tile .sniary ••( tin- new officor (llw .s-tatl.- created In the sami' or lir apiMiiiitt-d — salaries. — The coniji- tr«)llcr is li('rel)y authorized, with the a|i|iroval of the mayor, to appoint the clerks eni|iloyex«'<'uf«'. The mayor and comptroller are hereby authorized aijd directed to issne (piitclaim deeds to the parties from whom the city acipiired title, or to their legal reju-esenfatives, for all pro])efly bought by the «'ilv of St. Louis for assessments of benefits in o]iening streets and .illevs. ' I M. <".. sec. 2:{(>;{.i Sec. 243,3. I'lirrliasc inoiu'y aiui t'xpeiist's to Iw paid ln'- foro delivery of d«'«'d— «'x<'«'plions. — Hcfore any sueli deed shall issue tlie amcmnt of the purchase money paid by the city for such j)roj)- erty. as also all money «>xpended by the city on account of such property, together with inler«»st at the rate of six per cent per anTium, from the dale of pnr(has(> and I'xpendiinre of money aforesaid, and costs, shall be [laid into the city treasury, and a receipt for the same filed with the comptrojlei-, and theren|ion a deed shall issiu' for the property so redeemed. Provided, however, that, in all cases, in which the ("ity of S(. Louis has [lurcha.sed any real property, or any interest therein, undt-r a judgment or execution in a street or alley ])roc«H'ding originating prior to October twenty-second, eighteen hundred and seventy-six, or there exists an unsatisfied special as- ."essment of the above char.acler in favor of the city, the proix-rty alfec/ed may be reL ('., sec. 2.304.) Sec. 2434. No(i<'«> in Im- ^ivrn. — Tin- comptndler is hereby au- thorized to notify the jiarties interested herein, in such manner as to tiim shall siH'in most r'xpedient. i .M. ('.. sec. 2.30.". i Si-r. 243.> <'c the duly of the comptroller to make ]iersonal examinations of tin- 1092 REVISED CODE OK OKNRRAL ORDINANCES. [CHAP. 37. books of the treasurer and other officers whenever and as often as he mav think proper or the interest of the city may require, and in conjunction with the committee on ways and means of botli houses of the municii)al as- sembly, shall ascertain by actual count the balance on hand in the treas- urer's office, or subject to his control ; provided, that such examination and count shall be made as often as once in each month. (M. C, sec. 2306.) Sec. 2486 What fonu.s to bo prescribed by <'(»iin>troller — responsibility for entire fiscal nianajjenient.— The forms of ac- counts and claims presented for allowance, the funds from which they are to be paid, the form and manner in which the books of the several fiscal officers, except the city auditor, are kei)t, and ail reports, returns, settle- ments, blanks and other thin<>s pertaiuinj;; to the management of the fiscal affairs of the city, shall be subject to the direction and approval of the comptroller, and beiii<; responsible for the accuracy and efficiency of the system of business iu his dei)artment, it is his duty to see that tliese regu- lations and such other necessary rules or instructions are prescribed and observed as are necessarv to effectuate the purposes contemplated herein. ( M. C, sec. 2307. ) Charter. IV. sec. 20. Sec. 2437. Reports of <'oniptroller. — The comptroller shall pre- pare his annual and semi-annual reports upon the financial conditions of the city according to the ])rovisions of the charter and ordinances, and shall lay the same, together with the reports of the other fiscal officers, before the mayor, for his inspection, and to be by liim submitted to the council annually. (M. C. sec. 2308.) Charter. .\rt. IV. sec. 4S AKTKJLK IV. OF trea.surkf:.* Sec. 243S. Office created. — There is heret»y created the office of treasurer. (M. C, sec. 230!>.) Sec. 2439. General duties specified — bond— city deposits. — It shall be the duty of the treasurer to receive and keep the money of the city and ])ay out the same on the warrants drawu by the auditor and countersigned by the comptroller, except as hereinaftei- ]>rovi(led. All moneys belonging to the city I'eceived by any officer or agent (hereof, either from collections, loans, sale of bonds, fcn^s, fines and penalties or other- wise, shall be dei)osited in the city treasury regularly once a day, unless otherwise provided by law or ordinance, and in case the provisions of tliis section are not complied with, it shall be the treasurer's duty to re]>ort any delincjuencies to the mayor. He shall give tri{>licate, oi- rpuidruiilicate, re ceipts as may be required, in all cases; (me for the party i)aying, one for the auditor and one for the comptroller, which shall set out the amounts I)ai(l, from what it proceeds, and to what account credited. .VII pay-rolls when audited and placed in the treasurer's hands for iwymeut shall be charged against liim on a separate account to be known as "treasurer's i)ay roll accounl." On the Saturday preceding the clo.se of each fiscal month the treasurer shall relui'ii to the auditor all pay-i'olls n'ceived by him during the preceding calendar month. The auditor shall e.Kamine the pay-rolls so •Charter provisions aft'ecting treasurer: Charter. Art. IV. sees. 1, 22, 24, 30. ■IS; Art. V. sees. 7, 31; .\rt. IX. sec. 9. Art. VI, se.c. 6; Art. XVI, sec. IS. AUT. IV I OK THKASIKKK 1093 ictiirucil and nvdii the "in-asuiiTN pa> roll arcouiil" willi the aiiKinnt paid tlicrt'oii and cliarj;!' tbo (ri-asurcr's m'licral accoiini wiili ih(> anioiml re- iiiaiiiiii',' im|iaid. The jtay rolls so n-turncd to ilic auditor shall lie tiled liv hiitj uilli llic respective orijriiial vouiliers in his ol'lice. The aiiionnts le niainiiij; due on payrolls shall be entered liy the auditor upon a hook ke|)r lor that |iui-pose, names, sums, aecount, nundier and dale of tlu' orij^inal Noucliei-, and such amounts shall tliereafter be i)aid only by separate war lanis or pay-rolls. Duriuj; the time the payrolls i-emain in the treasurer's hainls tlio amounts due on same shall be sejiaiately aeconnied loi- by said ireasuiHM" in his of his duty in the sum of live hundred thousand dy the treasurer and shall at all limes ki-ep ihe securities on its bond satisfactory to said commissioners. Provided, however, I hat unless directed by the mayor and comjd roller, the bank olTer ini; Ihe hij;liesl rale of interest for such cui'reiil di'jiosils shall be enlitled lo the tirst livt- hundred thousand dollars thereof, the bank olVerin-x \ho next hi{;hest rate to the next live hundred thousand dollars thereof, and so ou until the amount to be deposited is provided for; and tliereafter the treas- urer shall, unless otherwise diin'cted by Ihe mayor and comptrolhT, draw lirst ajiainst the de|iosit in the bank oll'erinj: I lie lowest rale of interest until such deposit is exhausted, and then next upon the deposit iu the bank olTer- im: the next lowest rate of interest, and so on di'awini; aj^ainsl the deposit drawiu"; the lowt'sf rate of interest until it is exhausted, and shall not draw a;;ainst the aid respectively, and all wan-ants so redeemed and paid shall be canceled by the treasurer. At the close of each day he shall turn tiie same over lo the auditor, together with a list of the same, taking the auditor's receipt on his casli book for all warrants so turned over. The auditor shall daily credit the treasurer's account with the aggregate amount of warrants so returned to him by the treasurer, and shall report said aggregate amount of warrants returned to him to the comptroller. The warrants so returned shall Ik^ filed by tlie auditor with the vouchers in his office. Third. To settle at the clo.se of each month with the comptrollei- and auditor all accounts on his books, and to ascertain and state therein tlie balance of funds in his hands. Fourth. To deposit daily to the credit of tlie city, in the bank or banking institutions selected there- for, as provided in section 2439, all moneys in his office at the close of banking houi's, except sufficient currency to meet the necessary expenses during the remainder of the day not exceeding ten tliousand dollars. The treasurer shall i)erfoiin all othei- duties re(|uired of him l>v law. (M. C., sec. 2311.) Sec. 2H1. Prohibition from iter-sonal use of iiioiiey.s. — The treasurer is hereby exf)ressly proiiibited from |)aying out or using himself or allowing any one else to u.se, directly or indirectly, any of the public Ji'cneys, warrants, checks, or other evidences of debt in his custody or under his control I'oi- any purpose whatever, public or i)rivate. which is not au- thorized by law or ordinance, and any vi(dation of the provisions of this section shall cau.se a forfeiture of his office. (M. L'., sec. 2312.) Sec. 2442. A.ssi.staiit treiLSurer and (ither employes — dn- ties, etc. — There is hereby created the ortice of assistant treasurer, who shall act as teller, also the office of paymaster, also the offices of two clerks and one assistant clei-k, each of whom shall be appointed by the treasurer subject to the approval of the nu^yor, whose duties shall be as follows: The assistant treasurer, in the absence of the treasurer, shall perform all the necessary duties of the treasurer; the i)aymaster shall have charge of all pay-rolls of the city, and it shall be his duty to receive from the treasurer I he amount of money necessary to i»ay such jiay rolls; all such payments, whenever pr.'icticable, shall be made by such jiayniaster at the treasurer's office in the city hall; such as cannot be jiaid tliere shall be paid by such ])aymaster at some convenient place near the points at which the persons to be paid arc at work, to be determined, from time to time, by the pay- master, subject to the approval of the treasurer. The assistant treasurer, the paymaster, the two clerks and the assistant clerk shall also perform such other duties as may be prescribed by the treas- urer and shall each be subject to the orders of the treasurer, and may be removed by him at any time. It shall also be the duty of the assistant treasurer at th(! close of each day's business to notify the comptroller of the number, character and amount of each bond or coupon of the City of St. Louis paid on that dav at the office of the treasurer. (Ord. 19970, amend- ing M. C, sec. 2313.) This .si-ctliin whs anain anuiul.Ml l.y oni. 23084. approved Juno 25. 1907. AUT. I.J i>F ASSICSSOK ANI> COLLKCTOH. 1()95 Soi'. i>44.'{ TroaMiiror r«'s|Mni.sil»h» f«»r acts «»f oniplojea — t)i)iuls. — The trt'asnrci- sli;ill lie rcspoiisiljlc (ov Iln' acts of liis siilionlinatp or ajipointct's, and shall ici|iiiro of <'ach sulioiiiiiiatc or ap]ioiiit('o a boml in such amount as he inav (Ici-ni ntM-fssary, ioiitiitioueo ew- t a b I i s h (> (I. — The trcasurt-r niav establish such rules and re^'ulatious for the transaction of business •leuerall.v in his oftice, ami especially in re- lation to the payment of jiay rolls of the .several deiiartments and jmblie institutions as he may deem expedient, subject to the aitproval of the mayor, not inconsistent with the eliaiter and ordinances. i.M. C., see. L';{L,^.) See. 2445. II<)r.s<' an«l bii;jj;j allowtMl olliee. — One horse and l)Uf;j;y shall Ik- allowed to the office of the city treasurer, to be acquired and maintained at the expense of the city; the purchase jirice of the outfit, consisting; of a horse, bufi-.'y ami harness, shall not e.vcced three hundred and seventy five dollars. (M. <"., sec. 'J:ur>.) Sec. 244(). Salaries. — The treasurer, the assistant treasurer, the pay- nuister, the twii clerks ami the assistant clerk shall receive the followiuji salaries: Ti-easurer. live thousand dollars ]ii'r annum: assistant treasurer, two hundred dollars per month; paymaster, one hundred and seventy-five dollars per month; two clerks, each one hundred and twenty-five d(dlars per month; assistant clerk, one huudred dollars per month. (Ord. 1!»!)7().) Tills .spcHon is amended by ord. 230S4. approved June 25. 1907. CHAPTER 38. W.VTI-^K n.\TE.«. DKPARTMENT OF. .VRT. I I )f a».'. A|t|>4»intin«-iit . The as.sessor and collector of water rates ■iliall be a|>poiiited by the mayor and confirmed by the council, and shall ludd his oftice for the term of four years, and until his successor is duly .ippointed and ipialilied. i M. ("., sec. 'J31!).| See Charter, Art. VII. s.i- ; Sec. 244!» Salary. -The assessor .and collector of water r.ites .shall receive a salarv of three thousand didlars per annum, pavable monthlv. (M. I '., sec. 2.121).)" Charter VII. sec. 8. His salary rannot be Increased durlnir bis term, and the period durInK which he holds over after his four-year term Is considered part of the term, so that a law Increasing the salar)* does not apply to hlin durInK such holdover period: Stat.' ex rol. vs. Smith. ST Mo. 158. •Charter provisions: Art. VII. sees. 7-13; Art. IV. ices. J. *'. 1096 REVISED CODE OR OKNKRAL ORDINANCES. [CHAP. 3>-. Sec. 2450. Bond. — He sliall, Itclorc entering iijton llie duties of his oCtice, give a bond in tlie sum of one hundred thousand dollars, with not less than four good sureties, owners of unincumbered real estate within the city, of the assessed value of one Innidred thousand dollars, to be approved by the mayor and council, conditioned that he will faithfully and punctually collect and jiay to the treasurer of the city all moiic\s due and collectible for and on account ol' the water ^^•(^rks. and revenue derived therefrom, and that he will faithfully perform all the duties of his oflice, and that he will cause all the ordinances in relation to his office to be strictly enforced. (M. C, sec. 2:520 A.) Charter, VII, sec. S, For a period during wtiicli lie liolds over after Ills regu- lar term, the sureties are liable on the official bond: Per Black, J., in State e.x ret. vs. Smith, 87 Mo. 158, 160, citing Long vs. Seay, 72 Mo. 64S, and State ex ret. vs. Kurtzeborn. 7S Mo. 99. Sec. 2451. Deputy— appoint iiu'iit — d ii t i e .>s— b o ii d .—The as- sessor and collector of water rates shall have authority to appoint, subject to the ajijiroval of the mayor, a de]iuty. who shall act in his place when absent, and shall at all times act as su]ierintendent of district inspectors, and perforin such other duties as nuiy be required of him. He shall give bon(J to the assessor and collector of water rates, with .security .satisfactory to the assessor and collector, in the sum of twenty thousand dollars, for the faithful performance of his duties. (M. C, sec. 2321.) Sec. 2452. Employes enuiiierated. — The asses.sor and collector of water rates shall also have authority to appoint such other clerks and as- sistants, as are provided by this article, subject to the approval of the mayor and to be designated as follows: One cashier, two jirincipal clerks, eleven general oflice clerks, one dranghtsnmn, one meter and hydraulic elevator inspector, eight assistant meter and hydraulic elexator inspectors, one night watchman, and twenty district inspectors who shall also act as turnkeys, and each of s;iid employes shall perform such other work as the assessor and ((illcclor of water rates mav require of tlumi. ( M. C, sec. 2;522.) I'^or additional employees and their salaries, see infra, sec. 24.Ti>; and also ordinance 23000 (enacted after the Revised Code). Sec. 2453. Principal re.sponsible for acts of employes- bond. — The assessor and collector of water rates shall he responsible for the acts of his deputy, clerks and other subordinates, and may require for his own protection from any of his emjiloyes charged with the collection of money, a bond in the jjenal sum of ten thousand dollars conditioned for tlie faithful performance of theii' duties, and for the paying over of all moneys belonging to the city. (M. ('., sec. 2:l2:i.) Sec. 2454. Salaries of deputy and clerks.— The a})pointees of the assessor and ct)llector of water rates shall receive the following com- pensation per anntini in full for their services, payable monthly, to wit: l)e]iuty assessor and collector, tweniy-foiir hundred dollars: casliier, eight- een hundred dollai's; ](rliicij)al clerks, each, twelve hundred dollars; gen- eral ollice clerks, each, one thotisand and eighty dollars; draughtsman, twelve hundred dollars; meter and hydraulic elevator inspector, twelve hun- dred dollars; four assistant meter ami hydraulic elevator inspectors, each one thousand and eighty dollars; fotir assistant meter and hydraulic eleva- tor inspectors, each, nine hundred dollars; night watchman, seven hundred AitT. i.| OF ASSi-;ssi>i; AM' iiii.i,|.:rTOi; oi' watki: itATi':.s. Kigy aud twenty dolhirs; twelve ilistrici iiis|ieet()rs. earli iitic tlimisaiul :iiul einliiy dollars; eiylil dislrui inspeLtors, eaeli, nine litindi'ed dollars. ( M. C. we. 2.324.) See. 2455. Additional i-inployrs* — salaries. — hi jid See. 245G. Duties of as.scs.sor aiul <*oII«'<-tor. — It >hall he the- duty of said assessor and eolleetor to eidleet all revenue ilne. or to become due, to the city for water, or accrnint; to the city on account of the water works thereof, by virtue i>( any ordinance now existiu}; or hereafter to be passed or otherwise, i .M. ('.. sec. "J.'!!'."!. I , (."barter. .\l t \l I. .see. 7. Sec. 2457. Moneys deposited, wliere — suspension in ea.s«' of failure. — At tlu' close id' each d.iy tiie assessor mid coilt'ctor of water rates shall de|iosii in the city treasury the revenue and all other moneys collected duriiiu the day, taking; duplicate receiiits for the same, one of which shall be deposited with the comptroller and one with the auditor. Hvery failure in this respect shall be by llio treasurer and auditor reported to the mayor, upon which the mayr to e«Miiit»M"si'>;ii and didlver. — The comptroller shall countersiy;ii all blaid, — The assessor and I'ollector of water rales shall, oii the lirst day of each month, make to the comjiiroller a full and complete statement of all collections made by him; also, the number and fai-e value of each kind of blank licens(>s and receijtts not used bv him. which statement the lomptroller shall examine and verify. 'M. <■ . see. 2;!2!l. I Charter. \'f \' II lODS i;i;\'[s1':j> c-ode ok oexkral oni^iNANCEs. [CHap. -is. Sec. 2461. Annual report t(» niunicipjil assembly. — It shall be the duty ot the as.sess<)r and collcctoi- of wati'i- rates to rejiort, througli the mayor, to the iiiiuiicipal assembly, at its tirst stated sessiou in each ye«r, a particular account of the atl'airs of the department under hi.s charge for the precediuf; twelve niontiis, together with such suggestions and recom- mendations as he may deem proper. (^I. C, sec. 2330.) Chai'ter. Alt. I\'. sec. 47. Sec. 2462. B<>ar". Sec. 2463. License to be requiretl as sanitary measure — when— pena 1 ty. — The assessor and collector of water rates may require owners or lessees or agents of tenement houses and other buildings rented 1o tenants in the city, or in such parts thereof as he is ready to supply witii water, to take out license and make the jirnjtei- coniiecHons with the water main for the u.se of water for such house or l)uilding, according to llie rates and assessments as fixed i>y ordinances of the city for the u.se of water, whenever the board of health shall, by order duly made, declare that the use of water from the waterworks of the city iu any such house or build- ing is demanded as a sanitary measure for the preservation of the health of the inmates or inhabitants of such house or building, and the said rate of assessment shall be jiaid by all such jirojirietors, owners or lessees or their agents, as well by those who consent as by those who refuse to i)lace in their houses and buildings Ihe water pipe to convey the same, and shall !«• payable whenever the assessor and collector of water rates shall have notified the proprietor, owner, lessee or his or her agent, of the readiness of said assessor and collector of water rates to supi)ly such house or building with water as aforesaid. Any person or ]iersoiis having received a notice from the asses.sor of water rates, as provided for in this section, and who shall or will neglect to comply with Ihe ju-ovisions of said notice within live days after the receijit of said notice, shall be deemed guilty of a mis- demeanor, and shall, upon conviction thereof, be linecl not less than twenty- five dollars nor more than five hundred dollars, to be recovered for the use of the city before anv court or officer having comj)etent jurisdiction. (M. C, sec. 2332") See //i,,/. Sec. 2464. \\ lien owners shall comply witli notice of as- sessor — penalty. — Whenever the owner or agent of any house or build ing in the city shall rent or lease any such house or building to two or more l)ersons, then and in that case it is hereby made the duty of the owner or owners, agent oi- agents of such hou.ses or buildings, to comjilx with the jiro- visions of the n<»t ice uf the assessor of water rates, and any owiiei- or owners, agent or agents, tailing or iieglecliiig to comjily \\\\\\ the piovisions Al!T. II 111.1 e(ent jiirisdiclion ; pi-ov ided that nothing in this and the next two precedinj; sections shall prevent the aecns(>d. on trial foi- a violatinii of any of their |)i'ovisions. from setlJTi;; up in det'eiis(> tiiat the itremises complained of were well sn|))>lie1' swiMM ixi; i; A'Pll.-i St" \v.\Ti:i: i;.vTi':s • •rro\ Isiiin.s of Ctmrt*T; .Vssi'iiibly iiiny rejculatv \vat«T ralfj*; tiow roveiiu-* from watfr rat<-» npplled: Art. VII. svr. II; water rnti'.s to l)f fixed »o a.i to puy current fxpon-if-x of workN and Inlort-at on water bond.i. and exceptional dlii- irlinlnatlons are forbidden: i/<.. nee. 12. Kate or lease of water works forbidden; fund for payment of IntereNt and principal uf water bonds: it., nev. 13. Payment by a consumer of water under a threat of nliuttlnR off tlie gup- ply unless tlie fees demanded In- imld. Is payment undiT compulsion, even with- out tender of the rightful atnounl. and the excess may be recovered: Rrnwlnic Assn. vs. St. I..OUIS. 1 I" Mo. 419: Westlake vs. St. Louis. 77 Mo. 47. And such compulsion or duress surTlrlenlly appi'nrs. It was held, from a petition which al- leges the i>lalntlfr !■• '■•■ •••'■■ I. .1 1- nt for Its supply of water" upon the 1100 REVISKD CODE OR GENERAL ORDINANCES. [CHAP. 3S. city works, coupled with a declaration tliat the city exacted an illegal charge, which plaintiff paid: Brewing Co. vs. St. Louis. 1S7 Mo. 367. The obligation to pay for water consumed rests on contract, not the taxing power, the city act- ing in its private, not governmental capacity: Brewing Assn. vs. St. Louis, 140 Mo. 419. As to the right to require use of particular kind of hydrant prior to the present charter, see State vs. Goodfellow, 1 Mo. App. 4115. Right of a water company to make extra charge for waste of water: McDanicl vs. Waterworks Co., 48 Mo. App. 273. Sec. 2468. Ijicenses — how issued — how paid — toriii of Licenses for the use of water from the city waterworks shall be issued b.y the assessor and collector of water rates, and the amounts charged shall conform to the rates established by this article. The rates assessed shall in all cases be paid in advance and all licenses shall be dated on the flrsr day of the month in which the same are granted. Licenses may be issued for six months or for one year as the ajjplicant may desire, except as herc- aftei- provided in section 2470. (M. ('., sec. 2337.) Brewing Co. vs. St. Louis, 1S7 Mo. 369, 372 and 3S1. SiM'. 2469. Licen8e to specify what, — Each license shall .specify the premises on which the water is to be used, the purpose to which it is to be aj)plied. and th(> dates of (he issue aud the expiration of the license. and such other information as the assessor and collector of water rates may deem requisite. (M. C, sec. 2338.) Sec. 2470. Division of city into districts.— It shall be the duty of the assessor and collector of water rates to dividi; the city into as many districts and sub-districts as he may deem necessary. The boundaries of the districts and sub-districts may be changed at the discretion of said assessor and collector. All licenses for the use of water on premises within any sub-district shall be made payable on the same day. The assessor and collector may, however, where in his judgment it is essential for the protec- tion of the revenue of the city, issue a license for a shintci- ]iciiod than six months. (M. O., sec. 233!».) Sec. 2471. Kebate allowed for unexpire«l term of license — If any consumer shall remove from the premises lor which his license was issue*!, before the exjiiration of the same, he shall notify the assessor and collector of water rates thereof, who shall cause the water lo be shut off the premises; thereupon the assessor and collector shall comjjute the un- consumed value of the license, which shall be in projiordon that the unex l)ired term of his license bears to (he full term for which the license was issued, and said iiinount shall be allowed as a payment on a subsetpient li cense, or, a( his ()](ti(m. slinll be returned (o (he consumer holding said lic(Mise. (M. (".. sec. •_':!4(). ) Sec. 2472. Allowances in case «)f fire. — Any wntcr taker de- prived of use of water by the dcstru<( ion by tire of the premises for whicli the license was issued sli;ill be ciitilled to have a valuation of his license made under (lie |iro\ isiuiis of secdoii 2471. (M. C, sec. 2341.) Sec. 2473. Use of watei- by fire . \i\\ |icis(>ii li.iviu;; ;i walcr' license, w Iki .shall ii.se or .HUller to Ix' tisi'd, water from I lie ]neiiii.ses desifjnaled in his lie(;nse, for any other purpose than that s[ieeitied thei'ciii. or' sliall siilVer any ])erson not li- censed to use water from sueli premises, or who shall snlVei- any hydrant to n'lnaiii e.xjiosed lo imblic use. or shall sutler or |iermit any iiniiecessarv waste of water theiefi-om. or shall neirliucntly sulVer the water to waste l>e- i-aust> of the plumliinj; or tixtures heini; out of re|)air or otherwise, shall Ixi iloemed fjuiliy of a misdemeanoi-, and upon eonvieiion thereof, he tineil not le.>5s than five nor more than lifty dollars. And It is hereby made the duty i)f all polieemen to report to the assessor and collectoi- of water rates anv rtnd all hiraehes of this section. (M. ('.. see. 2.i4.'>. ) See. 247r>. I s«' of \v;il«>r witlioiit liiirt4>iiiiiir<>s — <-as(iiiy into reservoir — IH'iiai(>. W lioe\cr shall hiiiiseir. or hy an.\ of his fauiil.v. :i;;enls or serv- ants, use the water from the waterworks without license, or who shall with- out lawful authority open any tire])luj;. stop-cock, vahc or other fixture ap- pertaininir to ^:ii«I N^orks, or who shall shut oil' or lei on waicr. into or lf(»ni Miy \n\if. or shall injure, deface or impair any jiarl. ai)iiurtenance of llu' waterworks, or shall throw or cast anvihin^' into the reservoiis of said works, shall U- deemetl ;;iiilty of a misdemeaiLor, and upon conviction there- of, Ih' tinecl not less ihan live nor more than fifty dollars. ( .M. ("., sec. 1*344.) Sec. L'47G. I'lU'inisj's iiiiisl In* «*iwIos»m1. — In no ease sli.-ill a li- eense be issued to aii\ one lor ihc use of waler until it shall have been as- certained from actual inspect ioiL that the ]ireniises are so inclosed as to prevent persons having no license fi'om usinj; waler therefrom without the knowledge of the jierson to whom the license is granted. It shall be lawful for the assessor ami collector of water rates to shut the water olV from •iny j)reniises no| inclosed in conformity to this section, i M . i '.. sec. lMI.'.i Sec. 2477. Iii«-fiis»' to .stori'kt'opi'r — \\li«>ii. — V licensi- may be issued to the owner or oocujtant of any store, shop or office that is con- uecteil with a dwellinf; for the use of water from any hydrant in the neij;h- Ixirhood, when ihe owner of sm-li hydrant shall give written i)ermissiou lo do the same, said iwrniit to be tiled in ihc orijcc ol the assessor and collector of w.iter rates, i .\l. < '.. sec. 2:'.lt;.i Sec. 247.S. Iii«-<'iis<'s to r«'si»|«'ii(s — \vlior<> wafor pip4' iio( laid. — Persons residing on streets in which Ihewalei- pipe has not liei^n laid may obtain a license for the use of water ujion producing the written permission of the owner of the hydrant from which it is projiosed to take the water, said permit to lie tiled in the oflice of said as.sessor and collector. (M. C. sec. 2:!47. 1 Sec. 247'.t. Licciisr — ulu-ii ma\ ho wiflilicld. — The as.se.s.sor and c<»llector of water rates is lierehv auilmri/ed to withhold a licen.se for the use of watf application for, may be required. — The assessor and collector of watei- I'ates may require of each applicant for water license a statemenl uiiiler oath at the time of applica- tion. (M. C, .sec. 2353.) Sec. 2486. Premises may be e-nteren rooms, eleven dollars; house with .seventeen or ei};htecn rooms, twelve dol- lars; house with nineteen or twenty rooms, thirteen dollars; house with more rooms to U' as.ses.sed at tifty cents (uv each additional room; teiiemenls, boardinf; hou.ses, aiiartmeiit luuises. Hats, hotels and residences occu|ii<>d hy more than one family, one dollar |ier room; each chur residence, tenements, aiiartmeiil houses. Hats, hoarding houses and hotels, with oi- without heating' apparatus, two dollars; each ])ulilic hath luli, tifleeii dollars; each w.-ilei- closet in hotel, ten dollars; all other water closets, three dollars each; each vault lliroii-ih which the water friuii a sink or hydrant is conducted, tive dollars; eacli urinal hasiu in a jtrivate residence, ten ihdlars; all other urinal hasins. twenty dollars; for s|)rinklinji {jrass or washinj; iiavemenis with liose, for a street frontajje of twenty-five feet or less, one dollar per annum; !ind for every additiimal front foot above twenty tive feet, tive cents per foot, provided payment in all cases shall lie made for the entire fr(Milaj;e of the luemises to be sprinkled; I'or hose for jtrivale stable, tive dollars; for sprinklinj; streets with sprinkliiifi cart, for that portion of the street em braced between two cross streets, where the same (K)es not exceed three liiindred linear feet, ten dollars; and where such iiortions exceed three hun- dred linear feet, the excess to be charged fre.served in books i>rovided for that purpo.se. And until meters are installed pur siiant to section l!t."^S, water used for business purposes with Hats aliove. shall be paid for at tlie following rate: lOach ;;rocery store, ten ilollars; ••ach other store, shoji or hall, not less than tive dollai-s nor more than thirty dollars; eaih office, not less fhaii five dollars nor more iliaii thirty ilollars; each dramshop, s.iloon, beer Ikmisc, ale cell.ii-. jiorter cellar, wine cellar and K'staurant. from twenty dollars to one hundred dollars, but no adilitional charj;e shall t>e made on any dramshop, saloon or Imh-i- house license f«tr billiard or |>ool table where only one such table is iiseil ; for eacii tenpin allev, three dollars; for each ice cre;im saloon. colTee saloon, oyster saloon, confectionery and candy inanufactory. fi-iuii tifteeii dollars to one hundred dollars; liakeries, for each oven, not less than ten dollars nor more than fifty dollars; barber shops, for the first chair, five dollars; for eaeh additional chair, two dollars; for every billiard or jiool lalde, tliree doll.nrs: for e.ich book bindery and juintini; office, two dollars for each hand employed, but ]104 i;i;VISED CODE OR GKNKRAL ORDINANCES [CHAP. 38, 111) license les.s than lifteeu doUar.s; cacli photogiapli j^allerv not less thau iwontj dollars nor more than flfty dollars; each cigar and tobacco mann factory, for each person einjiloyed therein, two dollars, but no license shall Itc issued for l(>ss tluin leu dollars ; for each dyeinii aTid scouiinji estaiiiisli- iiieiit, twenty-five dollais; for laundry with three hands or less, twenty dol lars; for each additional hand aliove thi'ee, five dollars; each hat factory, iwenty dollars; each laboratory, twenty-flve dollars; each soda manufac- tory, fifty dollars; each starch manufactory, fifty dollars; each tannery, per vat, six dollars, but no license less than twenty-five dollars; for each livery and sales stable, two dollars per stall, but no license less than twenty-five dollars; in addition to the hose license required, for each hose for livery or sales stable, fifty dollars; hose for dairy, twenty dollars; each horse and mule, three dollars: each cow, one dollar; each automobile, carriage and buggy, two dollars: each sjiring wagon, two dollars, except in livery stables wliore no charge for vehicles shall be made; for washing meat, not less than Iwenty dollars; for washing bottles, twenty-five dollars; brick yards, for each gang of hands, twenty dollars; for each forge, three dollars; schools, for each scholar, tivc cents; foundries and blacksmith slio])s, for each fire, iliree dollars: for each steam boiler, a water rate of forty cents ])er square foot of fire surface shall be charged, the fire surface to be comjuited by the area of the boiler and Hues exjiosed to the fire. A statement of the dimen- sions and construction of each boiler shall be filed by the applicant at the time of his application with the assessor and collector of water rates. A proportionate allowance shall be made on such boilers as are used only a l)ortion of the time, to be ascertained by the affidavit giving a detailed state- ment of the actual running time. Oas engines, three dollars j)er horse jtower. In all manufacturing establishments, the assessor and collector of water rates, in computing (he auKumt cif license, shall be governed by the number of hands actually employed therein, and charge at a rate not ex- ceeding two dollars per hand. For the use of water for any purpose not herein specifically designated and not paid for at meter rates, not less than ten dollars nor more than one thousand dollars shall be charged, the same to be fixed by the assessor and collector of water rates. Wherever there is in a single store or room UKjre than one business carried on subject to spe cial rates, the jierson paying the highest rate shall be assessed in full, and the other subjects shall be assessed at half rates. In assessing the foregoing rates, all licen.ses shall be figured to the nearest fifty cents. (Ord. 2235:?, see. 2356, amending ord. 21913.) This ordinance is again amended by ord. 230S3, approved .June 27. 1907. Re- tore this Revised Code. ord. 21913. amended ord. 20849. the latter 206.50. and that had amended 2055B. which amended M. C. sec. 2356. Sec. 2488. Water meter rates — wlien permitted — amounts — water meters ami rates therefor. — Water furnished to resi dences and premises occupied for business purposes with flats above, may l)e paid for at meter rate, at the option of the person requiring use of water and applying for a meter, or at the option of the assessor and collector of water rates, who shall have power to ascertain by meter measurement the quantity of water used, and exact payment therefor at meter rates, and in either case the rates fixed at license rates shall not apply. Water furnished to all other cctunections must be jtaid for at meter rates, and in all cases where the water is to be ])aid at meter rates the person or cor])oi'alion taking out license shall be charged the following rates on the average (piantity of water used during the year, the year to be estimated at three hundred days. When the quantity used averages one thousand gallons per day or less, twenty-five cents ])er one thousand gallons. When the quantity used aver- ages from one thousand to twenty five hundred gallons per day, twenty ART. III. I .i|- W .\TKIt i:ATi:s. HO;-, .ents per i>ii.> iliiiii.saiul ^mIIoiis. When ilic (|ii;iiilitv iiHcd avcrap's from iweiitylivi' ImiKircd to livi- ilumsaiKl j^allons per ila.v. liflcfii ccntH (icr (hm- ihou.saiid fialliiii.-;. When lli<- (|iiaiitity used avcra^fs Irinii the IhotiMand to leu thousand ^'alloii.s jici- da\. Iliiiiccii ci-iils jicr one tlioii.saiid -ialloiis. When the ipiaiitity used avcra^ics Iroiii ton lo twentv-live thousaml gallons per day, eh-vi-ii ceiils per one lliousaiul jjallous. Wlieii the (piantily used ex- reeds twenty five thousand {jallons per day, eight tents irt one thousand ixallons. Tlie meter rate for the use of water from the waterworks for purely iiianurailuriii;; purposes, is here!)y lixed al eight cents per one thou .siind gallons. lOrd. 21!)i:{, amending M. (\, sec. 2357.) Soi. j;!ri7 lit M. l". WHS al.so am.iul.il hy uls. 1ST Mo. .iS": Brewing Co. vs. St. Louis. 110 Mo. 428. See also. W.-stlake vs. St. Louis, 77 Mo. IT. As to ruHic Balks getting Its water free of charge, see U. C, I'hapter 22A and notes to heading: also R. ('.. sees. 1802-180'!. See. 248i». Knu'tioiiiil part.s (»f meter rate.'s. In assessing and rolleeting the rates estal)lished in sections L'4S7 and '.MSS, no license shall he issued in fractions of less than a half dollar, and in all cases where the fraction is twenty-live cents or less the same shall be c. 'J49t». T«'iuMiieiit aiui httartliii*; li«>iis<'.s(i«>(iii<>tl Tenement houses within ilie meaning of this article are defined to be liou.ses subdivided into suites or rooms and rented to families or individuals. Hoarding houses are defined to be houses advertised by jjlacards or otherwise as boarding or lodging houses, or where the furnishing of board or bulging is pursui-d as a Sec. 24!tl .Stop-box — \% lu'ii hr<»k«'ii iiiu.sl In- replaced. — \Vhenever the assessor and collector of water rates shall lind that the stop box controlling the supply to any premises is broken or not in a serviceable >'onllne«l. -The form "gallon" used throughout this article shall mean two liftci tiilis ..t" ..ne > iibic foot. (Ord. 211)1:5, amend iiig M. C, we. 2:{(;0.» See. 24'.(:!. I*r«>seiit selieiliile^w lieii j^oes iiif«»' elFeeL^Th. schedule of rates as s|>«'citied in sections 'US'; and 2Inn shall Im- operative as and when the lieen.ses now in force expire, and as when the licen.ncs in the districts in which tiie preniiw^s are affected are locattMl fall due next 1106 RKVISED CODE OR GENKRAL ORDINANCES. [CHAP. 35. succeeding the approval of tliis ordinance, but no rebates shall be paid on account of any license paid in advance or prior to the passage of this ordi- nance. I ()r(l."i:i!H;}. adding sec. L';'.(;(l.\ In .M.C.I Sec. 2494. 3Ieter9 may be plat'od in public institutions. — The assessor and collector of water rates shall, in his discretion, cause meters to be placed on all or any of the public institutions, buildings, parks, or other public i)laces where water is used from the waterworks, to ascer- tain the average amount of the consumption of water daily at each, and shall furnish monthly statements thereof, for the information of the mayor and municipal assembly. (M. C, sec. 23G1.) Sec. 2495. Meters — only one eonnection with main allowed. — Whenever the assessor and collector of water rates shall determine to place a water meter upon any premises, and the said premises are supplied by more than one connection with the city mains, he shall notify the owner or occupier of said premises to at once cause his plumbing to be so recon- structed as to j)ermit a supply to be furnished from one connection only with the main; and if the owner or occupier of the premises, after such notice, shall fail to make the required change, the assessor and collector of water rates shall refuse to renew the license upon said i)rftniises until the required change is made. (M. C, sec. 23(52.) Sec. 2496. Hates for hosi)itals, etc. — assessed half rates. — Hospitals, orphan asylums and charitable institutions shall be assessed ar one-half the rates as provided for residences occupied by one family onh. (M. C, sec. 2363.) Sec. 2497. Rates for public schools, — The assessor and collector of water rates is liercby authorized and empowered to issue licenses to the board of education of the City of St. Louis for the use of water by it and for its purposes in the public schools, at a rate of two and one-half cents pei' one hundred cubic feet and upon the same terms and conditions and sub ject to all of the rules, regulations and restrictions now or hereafter ini j)osed bv ordinance upon users of water within the Citv of St. Louis. (Ord. 20727.)' Spi'. 2498. B. P. I. to procure water meters — The board of public im])rovements is hereby authorized and directed to procure water meters to be used in measuring water furnished to consumers by the St. Louis Water Works. The cost of the same shall be paid by the City of St. L(mis. tOrd. 2213S.) The ordinance appropriates $100,000 tlicn-for; nrd. 21(;n3 is iiltiii ical witli it. except that it appropriates $50,000. Sec. 2499. Kates to g'overnment.— The assessor and collector of .water rates is hereby authorized and empowered to issue licenses to the United States Government for the use of water by it and for its purposes from the city waterworks, at a rate of five and one-half cents per one hun dred cubic feet and upon the same terms and conditions and subject to alt of the rules, regulations and restrictions now or hereafter imposed by ordi- nance upon users of water within the City of St. Louis. (Ord. 20535.) Sec 2500. Same — nieters at .lefferson Barracks. — All water so fui-nished for use at Jefferson Barracks shall ])ass through meters to be j).laced bv the Cilv of St. Louis at convenient points within the city limits. (/?)., sec! 2.) ART II .\tt.\i'ii.mi:n r w li ii \\ atim: i'Ihns nffj Sec. 2501. Sanu' — p i jm- r»»iiiu'rti«ms.- Tb<.- wadr tiiiiiiiiisHiiincr is hfreby autliorizctl to inakc the iicci'ssiirv |ii|H' cuOiittcUons within the city limits, witli the city water mnins or |ii|K's and to jilate nu'tors upon Rurli connections. (/?>., ser. '.i.\ See. 25(i'J. Saimt'— rest-rx at ion t»f ri;{Iits to . -Tiie City of St. Louis reserves the riglil to alter, aineni] ov repeaj the i>reieding three sections at any time. {lli.. sec. 1.) Sec. 2.">03. IVnalty for violating article. — For any viohition <>f the i)r()visions of this article, for which a sjH'cial jienaily is not hereinhefore proviih'd. the ollender shall he ileemed jjuilty of a misdemeanor, and nfion conviction thereof, he lined not h'ss than three nor more than one linmheil dollars, to he recovered liefore (he [lolice justice as in other cases of violation of ordinance. ( .M. <"., sec. l'."{(!4.i CHAPTtH M. OF W.VTKl; W<)UK.«.« ART. I. Attnchmcnt with wal.r iijii.f. II. Wafrr work^ hnntls. .VHTICUC 1. .VTTACIIMICNT WITH \VA'|-|JU IMI'ICS S.^iv .'"(U. Persons making attachment, viv., required to jfive l)oiul.— Xo j)erson, firm or corporation shall make any attachment or connciijun with thi* jiiiies of the St. Louis waterworks, nor make any repairs, addiiions to, or alterations of, any jiijie oi- tixlnre coiinerted lliere with unless he or they shall have ;xiven the bond reipiired to he given hy plnnd>ers. (.M. (,'., sec. '2'.M\~).) PUimber's bond, sec R. C. 1791. As to Charter aiilliorlty In city to reKulnti- connections and reiiulro (n rnilt, ."i^o Art. VI, see. i:!. Sec. 2505. Bonded plumber to procure permit. — Any bonded plumber desirous of introducing water from the waterworks to anj' preni- is<'s. or III" inakinj; any repairs, aildilions to, or alteialions of. any Jiipe or tixtiire supplied with water from the waterworks, sluill tirst jirwure a per- mit friitii the water commissioner, i .M. «'.. si'c. 2.'!t!(i. i See. 2r)0»;. .Applieations to be written — wliat t<» contain. — All applieations for pcniiiis must be in wriling n|>on blank forms furnished by the water commissioner. The applicatif. C, sec. 2^67.) •Charter provisions a» to wntiT-worhn ami water plpns: fliart«r. Art. I, nr 1; Art. Ill, HOC. 26. rlaimo 2; Art. VI. acufl. 2, 13, and oupocliilly Art. VII, ooc-i. 1-13. with note*. For ordinance r<>KUlntlon« comi-rnlnK plumblnir and draining' in Kcnoral, mc R. C. nccs. 1TS7-1S01 of Art. IV, Ohapt'T 23. The Charter roqulr.-H the niisvinbly to provide that connection* with water or gaa pipes shall bo subject to such roRulatlona as R. P. I. may provide, and that a permit shall be ri'ijulrcd to make such ronnertlon: Art. VI, sec. 13. For ordinances provldlnir sinking fund to pay water lionds. seo ate StlS, and Charter provision* "" - - ■• '■•• ■*•" -• '' 1108 UKVISKU I'OIM': ('\\>o either in front or rear of the premises to be supj)lied. Permits for connections for fountains, stand-pip»>M or pipes for fire pi'otec- tion sliall not l)e granted unless the water is taken on the premises for other than tire ])ur|(Oses. Permits for attachments for public fountains shall not be granted until the pattern of the rounlain to be use0.( Sec. 2.509 Tap.H to be fnrnishe*! Uy water ('oiiiniissioner — what tappinjr permitted. — No tap shall be used except such as is furnished by the water commissioner, and no {lerson except the tapper em- jiioyed l)y the water commissioner shall, under any circumstances. ta{> the disti-ibution pipes or insert taps therein. No lap shall be inserted in a pipe of greater intei-nal diameter than (weiily inches, except by special ])ermis- sioii of the water coininissioner indorsed on the jierinil. ( M. (".. sec. 2."->70. i .Sec. 2510. Serviee jupe, ^^^pai^ al' — failure to repair — water .shut off — failure to repay when repalretl by eity — penalty. — Whenever nuy service pipe or attachment to same, l»>ading to any premises is out of repair, and tlie owner of sucli premises or iiis agent, or the occu- pant thereof, refuses or neglects to repaii" the same at once, after notice ii'om the water commissioner, the necessary repairs shall be made or the water shall be shut olf by the wjifer commissioner; and in case of repairs re(|uiring prompt attention, the ivpairs shall be made or the water shall be shut off by the water comniissioner witliout such notice. A bill for the cost of the work done .-md material fui-nislied by the water commissioner shall be presented to such owner, agent oi- occupanl, and in case of failure to ])ay Ihe same within leu days after presenlalion of said bill, the as.sesscu- and collector of water i-att's shall lie nolilied, and upon recei\ing such luititica- tion. he shall inimedialely cause ihe watei- to be shut otf and may withdraw ihe taji. OI- (III otf Ihe attachment from main pipe, and no further license lor watei- lo be used on or at said premises shall be issued until the cost in- curred in making i-epairs and disconnecting the allachmeni have been paid lo the assessor and collecloi- of water rates. lOrd. 1M5S7. adding sec. 2;{70a lo M. (M Sec. 2511. Taps — regulation.** of. — Taps shall be in.scrted at lea.st six feet within the lines of the building to be supplied therefrom. No more than one building shall be sui)plied from one lap excej>t where there is no AKT. I 1 ATTAl'llMlONT \\ ITI I WATKIt I'll'IOS. UOO iiKiiii |ii|H' cillii'i' 111 li'oiit or ill llit- rt-ar of llu- iirtMiiiscs in Iw siip|ilii>d. In I'asc a ta[i larjici- than IIiitc I'niirlhs of an indi 1m- rcinicstcd for pi'lvalt* ii'in liis attai'liniciit at liis own rxpcnsi'. When an imrcasc in supply is WiiiitiMl, the la|i or taps in use must lie tli'awn and the main pln;:;;i'(l al the fXjM'iisi' of (In- |)arl_v dcsii-inf; tin- incrcascil supply iH-ftu-i' the new tap is in- s4>rtiMl in ttic water main. Wlii'ii scrvii'i' pipes arc abandoned, of wliieli fact llie water coiiimissioncr shall lie jiidfjc. Ilie taps to wliiih said abandoned pi|ies are coiini'i'led shall be e for tin' supply of the premises, in whieh r, said wafer eommissionrr shall notifv the comiitrollci- and auditor ilii-n'ol'. (M. ( '.. .see. •2AT2. i Ser. 2.")13. .Vtla«-liiiK'iit — wIk'ii to Ix- ml olF. — \\ Inntvir tin' Nhiitlin;; otf of the wa(er from any altarhment cannot be acclaced in connection with the waterworks shall be made of lead, exj'ept in cases where the water commissiiuier may {.'rant otherwise. The pijie shall be laicl four feet below the surface of the urouiid. and siiflicieni ly waving to allow an extra len<;th of one and one half feet and in such a manner as to prevent rui>lure by settlement. Said pipe shall be of the class known as •'extra slroni;" and shall wcif^h \>i-v lineal fool for various diam- eters as follows : Size of Ta|» One-half inch. Fivc-eij;hths inch. Three fourths inch. < )ne inch. One one-fourth inch. One one-half imh. IHameter I'ipe — Fiveeii^hths inch. Three foui'ths inch. One inch. One one fourth inch. One one-hnlf inch. One th !'(•<■ foui'ths inch. Two inch. Two one half imh. Weight per foot Thri"** pound.''. 1110 REVISED COKE OR GENERAL OKDIXANCES. [CHAP. 39. Three pounds ten ounces. Four pounds twelve ounces. Six pounds. Seven pounds two ounces. Eight pound.s four 'ounces. Nine pounds four ounces. Sixteen pounds twelve ounces. The service pijK; used for interior plumbing (that is, all inside the premises) may be of the class known as '"strong" lead pipe, but no pipe of lighter weight than this shall, und«!r any circumstances, be used. The weight of this class of i)ipe shall be as follows: Diameter of l'i])e — Five-eighths inch. Three-fourths inch. One inch. One one-fourth inch. One one-half inch. One three-fourth.s inch. Two inch. Weight per lineal foot — Two pounds eight ounces. Three pounds. Four pounds. Four pounds eight ounces. Six pounds four ounces. Six pounds eight ounces. Eight pounds. Service j»ipes must be laid under the huilding or in a lot clear of the building, and within three feet of the sidewalk, thereof. No serv- ice pipe shall be permitted to be laid in a sewer trench or within eighteen ini-hes alongside of sJiid trench, except by special permission of the water commissioner indorsed on the permit. No pipe of less diameter than five-eighths of an inch will be permitted to be placed under ground in connection with the waterworks. Tem])orary service pipes and pipes laid to supply premises where there is no water main in front of the premises shall be removed, and connections made to the water main as soon as it is laid in front of the i)remises. (M. C, sec. 2374.) Sec. 2515. Htop cocks — how made — where placed. — There shall be a stop-cock jdaced on every attachment to the waterworks. In streets it shall be plaqed under the sidewalk within one foot of the curbstone, and in alleys it shall be within one foot of the side line of the same. All stop- cocks, without exception, shall have a strong and suitable "T" head. They shall be j)laced immediately in fi'ont of the premises to be supplied, and shall be inclosed in an iron stop-box coming up even with the surface of the pavement. When a service pipe is laid in a street or alley a greater distance than fifty feet before it enters the premises to be supplied, there shall be two stoji-cocks placed upon said i)ii)e; one as near the water main as the water commissioner shall require, and one in the sidewalk or alley iuimediately in front of the premises. When a service pi]te is laid along the street, before it enters the premises to be supplied, it shall be laid in the stret!t clear of the gutter, and within four feet of the curbstone. In cases where several buildings are supplied from one tap there shall be a stop- AKT. I.J \ rTACIIMIONT WITH WATIClt I'IPKS. 1111 cock and Ixix locjitcd iumi- Ilic waii'i- main, and also a slop cdck and liox contriilliiifj ihc waicr siijiplv lo i-acli Imusc iiidciicndcnilv. i M. ('. ecc 2:i75.) Sec. 25lt). Str«'«>( wasliers— reffiilations of.— Str.tt wash. is. when jilaccd in loiiticilion willi (lie iiiprs siijipl^ in;; llic id'cniiscs, shall Ix' rontrollt'd li.v a stop loik and liox, so arranj,'cd as to admit of tiic water Im- in;; tiiriii'd nil' Irom tlio street washer without interfering; with the sujiplv for tile hnildinp;. No street washer shall be used until the i)attern of the siiine shall have been approved l)\ the hoard of puhlie improvements. (.\|. < '., see. ■J.">Tt>. I See. L'.'>I7 Scrvi<'«' pipf for liuil(liii<; piirpo.ses. — When nn attachment is made to siijipU water for Itnildin;; |(iupo.ses. the serviee pipe shall be earried to the inside of the curbstone and a re^rular sto]) eoek and ho.v shall be .set; in addition to llie re;;ular sto|)cock and box. there shall be furnished and set foi- the use of the liuilder a street waslier so ai'ranp'd as to operate wiih a Ucv. i .M. <;., see. 2:>77.i Sec. 25hs Siipi>l\ pipe.-* — stop cork for, wliere placod,— There shall be a slop and waste eoek attached to everv su[)pl.v pipe at the I'oint where it entei's the liuildin;;, and so arran;;ed and maintained as lo admit of the water bein;; sliiil olf and the jiipcs in the linildin;; drained. ( .M. ('., see. •2;'>7S.i Sec. 25H). Sorviff i)ipe.s — stop-boxes <»ii. — All stop-boxes u.sed on service pipes connected with the waterwoiks shall be of iron, and shall be so made as to be adjustable in lenj;tli, ami of a diameler at (he smallest point of not less than four inches. No jialtern of slop box shall be used until the same shall have been a|i[iroved bv the lioard of indtlic improve- ments. tM. ("., .sec. l':!7!t. I See. 2520. New work — duty of jiliiiiiber. — When the j)hnnl)- ing work in connection with any new atlailimeiit. or in any new bnildin;;. has been completed and lesled. it shall be the duly of the plumber to shut nif tht' water. When a sliui olf for the purpose of repair cannot be made in the usual manner and it is desired to have the water turned olV from the main iiijies, the plumber desiring such shut oil' will be required to |)ay the assessor and collector of water rates tlie sum of two dollars to cover the cost of the shut otr. (M. C, sec. 2380.) .Sic •j.'')_'1 i'liiiiiblii^ work to eoiiiply witli tlie rules of boiiril of piililir iiM]>ro\ t'liu'nts, — .Xo \>'n>r lixiuri- ur .ipiiiii-ii-nitni'r of any kind whatsoever sliall be u.sed in connection with Ihe ]ilumbing of any premises until the pattern of the same shall have been approved by the board of public improvements. All plumbing work shall \to done iu iic- cordance with the rules and regulations of the board of public im])rove- ments, and shall be subject lo the insiwclion of the supei'visui' of |dundiing, ami no work shall Ik- covered up or regularly supplied with water frd igeut. (M. C, sec. 2381.) Sec. 2522. IClevators ami lar;;e roniifcl ions — re;;ula(ions for. — All elevator, inoliU' or i>tlier laigi- conni'itioiis. in addition to the stop valve in the stri><'t must be supplied with another valve, for the u.se of 1112 REVlSKli COIJK Oli GJi.NKRAL ORDINANCES. ICHAP. V.K the occupants, where the j>ip(' first futers the Imildini;. I'arties desiriu}: attachments for siipjilyiiif;- water to elevators, motors, fii-e j)i]K's, or other large connections, shall tile an ai>]>licalion with tlie watei- commissioner stating such information jiertainiiig to the subject as he may re(|uire. Such attachment will be made by the water commissioner at the cost of the I)arty desiring the attachment when, in his opinion, the attachment or the use thereof will not interfere with or endanger the water supply to build- ings in the immediate vicinity. Air chambers of sufficient capacity to pre- vent excessive ramming shall l)e ])laced on all connections supplying hy- draulic elevatoi's. Connections for furnishing water for fire purposes shall not l)e used for any other jturpose unless a water meter is placed thereon by the (larties desiring the water. I'M. ('.. sec. 2382.) Sec-. 2')'23. Staiid-pipe.H — to be provided with valves. — stand-pipes and pipes intended for fire protection, for which no charge is made for the u.se of water for extinguishing tires, must be provided with a suitable valve where the pijje enters the building; it shall be sealed by the water commissioner. In case such seal shall be broken for the extinguish- ment of any fire the party shall iiumediately give notice to the water com- missioner, and no seal shall be broken for any other purpose or use, or any tap introduced into or connection made with said stand-jiipe or pipe for fire protection, i M. ('., sec. 23S."}. ) Sec. 2524. Plumbers — to make weekly returns. — It shall be the duty of all persons, firms or corporations carrying on the plumbing business in the City of St. Louis to make weekly returns to the assessor and collector of water rates of all alterations of or additions to i)lumbing work made by them during the previous week. The returns shall state the nature of the additions or alterations and such other particulars necessary to a, full understanding of the subject as the assessor and collector of water rates may require. (M. C. .sec. 2884.) Sec. 2525. Plumbers — names not to be used by others — must turn oflF Avater after testing.— No per.son, firm or corporation carrying on ihe idunibing business shall allow his or their name to be used by any per son, directly or indirectly, either to obtain a jiermit or permits, or to do any work under his or their bond, or make any misrepresentations or omissions in weekly returns or leave the water turned on after comjiletiiig and testing the i)lumbing. (M. C, sec. 2385.) Sec. 2526. Tap — permit not to be issued — when. — When a fine shall have been imposed ui)on any person, firm or corporation carry ing on the plund)ing business, or his or their bond or certificate shall havi' been forfeited, suspended or canceled, the water commissioner shall refuse to issue any tap permit to such jierson, firm or corporation until such fine has been paid, or until such bond or certificate has been duly renewed by the projH'r officer oi- dejiartment. (M. C.. sec. 238G.) Sec. 2527. Penalty. — Any person violating any of the ju'ovisions of this chapter shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not less tlian ten nor more than two hundred dollars, to be recovered to the use of the city, before any court or officer having compelenf jurisdiction. ( .M. (.'., sec. 2387.1 rifAP ("I WKIi:ilTS AM' MKA.SritlOS- I'MPAItTMlCNT OP. 1113 Airrhi.i: 1 1. WATIOK \Vi>l!KS ISONMS* Sw,. 2r>2.s. Siiikiiij; I'liiul for "St. Louis \\;it«r ImmkIs." — In lonformilv willi the i'('i|nil'ciiicii(s ol' scrtiuii t'Icvcii of Article scvi'ii of (lir ( "hai'ici- (il ilic ("il.v (if St. Louis. Ilici-c is herein sel ;i]i;iri :iiiiiii:illy out of the wliole iiei iiicdiiie rejili/.ed from reuls and receipts of tlie waterworks in excess of wliat mav he necessarv for ('oin|>letiii<;, conslriictiii};. ojiei-atin}; aixl fepairiiif; llie waterworks, and for interest on (he water lioiids, the sum of lhro<' hundred tliousand dollars as a sinkinj; fund solemnl.v a|>|>ro|irialed to and for the payment of the hoiids issiied for the erection of the walei'works. denominated ""Sj. Louis water houds.'" and shall lie aiijilied solely to that |iurpnse until the whole of s.iid bonds l)c full\ paid, i ( >rd. J I IT."), sec. l.i Sec. •J.">2!i. S ji 111 «• — lu»u iii\ fstcd. Tile hoard 111 liind comnii>- sioners is liereln empowered aiul direct<'d to invest (he assets of the sinkiiii: fund, as created h.v (he pro\ isions (d' the precediu}; section, in the manner provided for in section ele\-en of Article sexcn of tlie charier, that is to say, in Si. Louis water Ixuids. if the same can he done advaiiiaj;('ouslv. and if not, in other ImmmIs .\ a|ipropriated and sel aside aimuallv in coTiformity \\ itii tli<- reijuiremenls of the charter, a suf(icien( amount to meet the interest manning' on lh(> hiiiids due for the i-recdon of the watei-works and denominated 'Si. Louis watei- lioiids ■■ I //(., sec. .'!. I (.HAI'ThK 4(».*- WKICIITS A.NI> .MKASfltKS 1 1 lOl'A ItTM KNT c il'. ART. I. or Inspector. II. Of woifctit» an«l inoasures. III. or piibllr scales. IV, Of city wclKlinrs. V. Of liimhor nifnsurur.s. •"•Ii.iri.r Art. VII. sors. 11. IS. ••Charter authority to roKUlatc tli.- .xlanUiird of wcIkIu.h aii.l m.^asures. ami In.iprrtlon. etc.: Chart.. Art. Ill, sec. 26. clause 7: Art. IV, sec. 30. Where under n municipal charter, the power to regulate welKhts Is Incident to and part of the Krant to refrulate markets. It Is strictly a police power. It cannot l.e exer.is.d for r.venue purposes: Lamar vs. W.ldmnn. .'.7 Mo Ai-p 507. 51.1 The ordinance of .St. Louis requiring coal dealer.t to furnish eertltlcates to the consumers is valid under the charter authorlzInK provisions for welRhhii.' coal; and the provision In the Charter "to regulate retailers" nf coal authorizes a charge for such certincatea: Sylvester Coal Co. vs. St. Louis. 1.10 Mo. 323. See where similar ordinances wirt! upheld: St. Charles vs. Eisner. ITi." Mo. 671, S«-e also St. Ixiuls vs. Prlesmeyer, 12 Mo. App. 592 (memo. opin. i. ami as to Slat- law, sec State c» rcl. vs. Goffee. 192 Mo. S70. 1114 PiFJVISED CODE OR GR.N'ERAL ORDIXAXCKS [CFIAP. 40. ARTKU.E I. OF INSPECTOR. Sec. 2531. Duties and powers of inspector. — It shall be the dut.v of the inspector of weights and measures twice in every year to examine and rest the accuracy of all weights, measures, scales or oilier things used for weighing or measuring any article for sale, or which may be used in such manner that the accuracy of them may pecuniarily interest any other citi- zen than the owner, to stamp with a suitable seal, to be prescribed by the mayor, each weight, measure, scale or other thing so used, which he may rind to conform, or which shall be made to conform, to the standard pre- scribed by the laws of the United states, or of this state, and deliver to the owner thereof a certificate of their accuracy; to seize in the name of the city all false weights, measures and scales whii h he may find, and which the owner shall fail to have immediately made conformable to said laws. He shall keep a record of all scales and measures inspected by him, specify- ing date, place of inspection, and the names of the parties for whom the in- spection was made, and of all persons who fail to have the same corrected when not so found, and to report such person or ])ersons to a j»olice justice; To report at least once a month to the comptroller the names of the ])ersons and the number of weights, measures and scales examined and found by him to be accurate, and shall make a daily report of the amount of fees collected l)y him, and pay the same daily into Ihe city treasury, taking the treasurer's T-eceipt in triplicate therefor, and filing one with the comptroller, and one with the auditor, and to inspect and test any of the public scales of the city when requested by the weighers thereof. (M. C, sec. 23S8.) CliartiT provisions affecting Inspector: Charter, Art. Ill, sec. 26, clause 7: Art. IV, sees. 30, 47. See preceding: note. Sec. 2532. Weights and measures open to inspection — penalty for attempt at concealment. — All weights, measures, scales or other things used in the manner ])rescribed in section 2531 shall be sub ject to inspection as hereinafter inovided, on and after the first Jlonday in January, and a second or subse(iueiit inspection on or after the first Monday in July of each year without regard to date of any preceding certificate. Persons who for the purpose of avoiding inspection, conceal or attem])t to conceal scales, weights, or measures, sliall be deemed guilty of a misde- meanor, and upon conviction thereof, shall be fined as ]irovid(>d in section -'548. (M. r., sec. 23X0.) Sec. 2533. Persons usinff weiffhts, etc., to cause them U> be examined, etc. — penalty. — All persons using weights, meas iires, scales or other things in the manner prescribed by section 2.j31, shall cause the same to be examined, tested and sealed as hereinbefore required ; and no such weights, measures, scales or other things so u.sed, shall be deemed inspected, tested or sealed until Ihe owner or owners thereof shall liave paid for and obtained a jn-oper certificate or certificates from the in- spector of weiglits and measures, and the owner or owners or party in charge sliall ]i()sl said certificate or certificates on the scale or in some con- spicuous place adjacent thereto; and on failure to do so, shall be liable to arrest and fine as provided in section 2i)4S. ( M. C. sec 2390.) Sec. 25.>4 Ai'tick's requisite — how purchased — supplies. — The comiiiissioiier of sii|i])iies is authorized, upon the requisition of the in- sjiector of weights and measures, to purchase such s<'ales, measures, instni- ART. M OF INSI'KCTOR. III5 merits and utt-iisils as may be riiiuisile for the cfticiwuy of llie office of the inspector of weiybts and measures, to be kept there as city property for the uses of his office, and to be turned over by liim to his successor in t)ftice whenever required to do so on taking a receiiit therefor, wliich I'eccipt siiall be tiled with llie I'ef^ister before beinj; disiiiarned from liis bond. t.M. i\, aec. -SMI.) Sec. 25.'>5 Dry in(>iimiri>— .Htaiuiareiialty for false measures. Tlic pro.\imily of all weijilits, measures, scales or other tliin};s u.sed for w fi^liiiij; or iiieasuriii^. to };oods, wares or other articles ••xposed foi' sale, shall be ex ideiici- of their use, and the inspector shall ar ii-st, or cause to be ariesled, ;my |ierson or persons usiiif^ in the manner provided in this artii-le, such weij,'lils, measures, scales or other things, and contiscale all false measures which are not in accordance with the stanihird prescribed by the laws of the United States or of this slate, and every such (M-rson sliall be emed ;iuilty of a misdemeanor, ami upon conviction tliere- iif. be HiiimI as pinv ided in scilicin l.*.")4.'^. ( M. ( ".. sec. L'l'.!).'!. ) Sec. 2537. What deemed yard sticks. — 'Ihc in.spec.tor of weifihts and measures sliall consider all yard measui-es or devices of any kind used for measuring; jjoods. as yard sticks, and exact a like fee there- for, and the ins|iecti>r's ceriilicate shall be ^iven only oii llie receipt of the fees eslablished by this article. (.M. ('., sec. li;!!)4.) Sc<-. 25.S8. F<»es <»f iiispeeiion — fals«' iii<>asur«'s — |M^nalty of frauds. --The iiis|MMi(ir of \\eij;lils and measures shall cliarf;e for e.xam- iiiiii^. tesliiij;. sealiiij; and ceitilMii^ as herein i'ei|uire(|. as tuilows, viz.: \uy steel yard, beam, ;;round, floor-, platform, counter t>r other scale upon which may l)e weifjlied less than six hundred jionnds, twenty-five cents each; any such instrument upon which may be weifjlied six hundred jwunds or liver, and under twelve hundred pounds, fifty cents each. Any such instru- ment liy which may be weij^hed twelve hundred {lounds or over and under 'wenty-live hundred ]ioumls, seventy-live cents each. Any such instrument iiy which may Ik> weijihed twenty live hundred |)ounds or over and under four thousand [lonnds, one dollar each. Any store, waj^on, depot, liopjier, ho^, stock, hay, coal or other scales, by whatsoever name known or called, ujion which may be weighed fotir tiiousand i>onnds or over, two dollars each. .\ny tr.-ick scale, or scale used for weighin}; railroad cars, five dollars each. One set of wei;;hls sliall. as to the compensation of the inspector d for al the rate of twenty <'enls per set. Any yard stick or yard measure, ten cents each. Any dry or lifpiid measure (not in sets), five rents each. .\ny nest or set of mi-asiires, twenty cents per nest or set. Measnrr's conlaiiiin;; more than one "gallon, live cenls l>er gallon shall he charged, for evei'y additional gallon which the measure contains. .Ml cliarcoal measures, llfteeii cents each. Any [lerson or persons detected in altering or changing any weights or measures so as lo measure more or less than the (|u.'iiitity or weight cei-tilied lu upon said weight or measure, shall Iw deemed guilty of a misdemeanor. .\iiy jierson or persons using weights or measures, whicli weights or measures have not been -tamped as correct by tlie ins]M'ctor. shall l>o deemed guilty of a misde- 111(3 i:i;visi:i) CDHK OR (iicNKKAi. iji:i>i.\ANCi;t;. [CHAP. !". lueanor. Aii.v imtsoii ' for failure. — The comptroller shall deliver to the inspector of weights and nieasvires blank certificates or tickets embracing a license clause with the amount specified therein, charging him therewith, and he shall account for the same in the same manner as other officers engaged in the collection of the city's revenue. The inspector shall deliver to every person from whom lii^ receives a fee, certificates or tickets duly signed and authenticated, stating the article or articles inspected and the fee received therefor, and shall make a faithful return for the same as hereinbefore di- rected. For any failure to comply with the provisions of this section, he shall be immediately suspended by the mayor, and the facts causing the suspension rej)orted to the ((nincil for their consideration. ( .M. <1, sec. Sec. 2542. Bond of inspector. — The inspector of weights and meas- ures shall tile with the register his penal bond, with two or more good and sufficient sureties, owners of unincumbered real estate in the citj', in the sum of five thousand dt)llars, to be approved by the mayor and council, for the faithful discharge of his duties, and for the payment into the city treas ury of all fees and other monevs collected bv him belonging to the citv. (M. C. sec. 2399.) Sec. 2543. A s h i 8 1 an t s ami clerks — .Halaries—duties. — Th<- inspector of weights and measures shall employ, with the consent and aji proval of the mayor, five suitable and competent ])ersons as assistants, one of whom shall be a practical scale maker, and one suitable and competent person as clerk, who shall receive compensation for their services as fol lows, towit: First assistant, fifteen hundred dollars per annum, payable monthly; one second assistant, on(> thousand dollars pei- annum, payable monthly; two second assistants, nine hundred dollars p(>r annum, payable monthly; one third assistant, six Inindi-ed sts of the city shall be suli AKT. 1] "I- iNsi-i:ir<>i; HJ7 s(-rvc|ii-oval ol" tin- inavor. (»>r(l. "Jniilt. amciuliiij; M. < '., s»-o. 2400. 1 Sec. 2514. Saiar\ of iii>|M-«-lui-. Tlic iii.siicciur ol w(;i};iii.s ami ineasiircs shall i-crci\c Irom llii- city as i'<>iii|>ciisal ion I'oi' his services tin; sum of thi'ec ihiMisainl ilollars \k'V aiiiiiiiii. pavalile nioiithlv. iM. C, sit. -'401.) Sec. 2545. <'il.> l«» riiiiilNli li«trs«'.s ami wagons. — For tin 1180 of the iiis|ic(ii(iii (lc|)ai-|meiii ilie riiv shall siijiiilv and furnish, and provide foi- llie l4ii l>air>nu'ii. Iia\\k«'rs, vtv. — diiticN ol" |M-iialt> for violation. All dairNinen. hawkers, peddlers, junk or raj; dealers. who have no regularly established plaet! of huslne.ss, usinj; seales, weights or measures, oi- otiier thin>;s to wei^h or measure by. shall have tlio same in- •sIH-eled and tested by the inspector of weifihts and measures, at liis ofliee in the city hall, between the hours of nine and eleven a. m. .Vny lall| dairy men. hawkers, peddlei-s. Junk and ra^ dealers, who fail to comiily wilh this section, shall b<' 47. Staiulard hii.slu'l l»ox t'slal»lislu'. 'rheie is hereby establisheil a slanilard bushel bo.\, he dimensions of « liich shall be as follows: Len;ith, twenty-three and one lourth inches; depth, nine and three-fourths inches, and widtli. eleven inches, inside meas\irement. The dimensions of fractional i)arts of a staiichird l)nshel ^hall be as follows: A half-l)ushel -diameter, twcdve and one-half inches: • leiith eij;hf and thirteen sixlei'iil lis inches; a ([uarti'r bushel — diameler ten iml live si.xtfenths inches, depth si.v and tliree eif^hts inches; a onecif^hlb liushel iliMini'ler .seven ami lifteen-sixteenlh imhes. di-plli livi; ami three '•ijlliths imhes; a one-si.xteenth bushel —diameter six and one (pmrter inches. depMi four and live sixteenths inches; a one tliirty-second hnsliel — diameter live and one fourth inches, depth tliree and one-sixteenth inches. .Ml bushel Ik)x«>s and all fractional parts thereof shall lie of the forefjoing dimensions •tnd shall be used only for sellin;; ami buyint; fruits ami ve;;elables. .\iiy (H-rson oll'erin;.' for sale such fi-uils and vegetables in boxes shall h.ive such Imixcs ins|iect<'d and sealed once each yi'jir. and I he fee for such inspection >hall be ten cents for each box. The inspector of weights ami measures shall refuse to stamp as a bushel box any box not c«>nforming to the I'e- 'luirements of this si»ctiou. Any |»ersoii or persons using lioxes for the pur- pose of selling any fruit or vegetables of other dimensions that is likely to deceive or who does not have the same made to conform to tlie prescribed standard, after having been miiitied to do so, shall Im' deemed guilty of a inisdemeamtr. and shall, upon con\i('lion. be lined not less than live dollars nor mole than twenty live dollai's. i .M. <'.. .sec. l,'4(14. i Sec. •j.'ii.s IN'naKv. -.\ny jM-rson who shall violate or fail to comply with the pro\ isions of tins article shall U- deemi'd guilty of ii misdemeanor, ■md upon con\iciion thereof Im> lined not less than five ihdlars nor more 'ban one hnmlrcd dollars. iM. ('. sec. 24I- lTi;l.li' si'.vi.i;s. ]|lit itilfv running iiortli ami soiilh. Ilin>ii;:li liiy lilock iiuiiiliri' iiiiiciv oiu-, ti\ iiiitlK)ril_\- of ordiiiaiuc iiuiiibcr nine ilniusaiid and fori vscvi'n, a|(|)rovi'd Jul^' sixth, 1S74, togi'tlipr with tin- iiflicc liiiildiii<.; fuiiin'clcd llicrewitli, an' hert'by established and continued as jiublic scales, under the name of "Mridjte scales." The scales erected on Main street in Souili Si. Louis ( (Jarondeli'l i near the South Market, by autliorily of ordinance niimbei- nine Ihoiisund three hundred ami ciii .Hqiiare. — A city scale is hereby established to be located in or near ih:- new city hall on ^VasllinJ;ton square; said scale to be used for the weigliiiif; of all sui)plies furnished for use in the new city hi'll, old city hall, four courts and jail, and courthouse. Said scale shall be erected and niaiiilained as an apiiurtenance of the new cil\ ball. [()vi\. lMc;."!! . see. l.i Sec. 2r).")4. Cliiof oiifjiiu'or of new city hall to supiTvis*'. t*t<'. — In addition to his present duty it shall be the duly of the chief en jlineer of the new city hall to sujiervise and control the weijihinj;; on said cily scale of all supplies furnished for use in the buildin;;s named in the forejjoinj; section, and to issue certificates of the coi-reet weijiht of all arti cles of sn|>|)lies so weifjlu'd. and no other certiticates of wei«;ht for such 8U|>i)lies shall be recojinized when payment for the articles is nmde. Said chief eiifjineer shall not collect any fe<'s for wei};hinji. nor shall he or his iiHsistants receive any compensation for their services in weifihin;! and certify inj; other than the regular salaries of their positions. M)rd. 120I?;M. sec. 'J. I Sec. 2.555. '•WtMfjher.s of scales" — t«'rni — l»on«l —salar'u's, — There shall be appointed by the mayor, with the consent and a|>|iroval of the council, a person to be denominated "wcijiher (d' scales" for each of the scales desi};miled in .'section ^.'i.'i^. e.\ce]it in-;: Soulard .Market and South Market scales, who shall liolil their oftice for four years and until their suc- cessors are appointed and ([ualilied, ami who shall receive compensation as follow.s, towit: Weiphers of North Levee, South Levee and liiidge scales, one thousand dollars per annum; weighers of all other scales mentioned in section 2.*."2. except the weighers of Soulard .Market. South .Market ami Thorp scales. niin> iiumlred didlars each per annum; weigher of Thorp scales, three hundred and sixty dollars per annum, payable nuMithly, and his board and lodging in the insane a.sylum: all of said salaries shall be in rull '•omi'eiisation for all services, and shall be payable monthly. AW of .said weighers shall he retjuired to give a good and sufticieiit bond to the cit.>. with two or more securities, to l)e owners of unincumbere<] real estate, lo cated in the city, in the sum of one thou.sand dollars, except the weighers of .\dieon ami Thorp srab's. who sli.all give ;i boml in the sum of live thou- sand dollars ami two hundred ihdlars resjM-ct ively, said bonds to he condi tioned as the bonds of the other cily officers, and to lie apju-oved by the inayr loads actually weighed upon his scales; any violation of the provisions of this section shall be deemed guilty of a misdemeanor, and upon convic- tion thereof the ott'ender shall be fined as provided in section 2583. The books kept by said weigher shall, at all times, be open to the inspection of the collector, the inspector of weights and measures, and such other officers as may be designated bv the collector for that i)urpose. (Ord. 21449, amend- ing M. C sec. 241:;.) The provi.sioiis of this section (before amendment), upheld in Coal Co. vs. St. lyoui.s. i:!ii Mo. :i23. 326 e/ seQ. See also St. Charles vs. Eisner, 155 Mo. 671. See. 2559. Assistant weighers — their compensation — The weighers of ^'orlli and South levee and ISridge scales are hereby authorized and emjiowered to employ an assistant each, which appointments shall be approved by the mayor; said assistants shall receive iu full compensation for tli(>ir services the sum of six hundred dollars per annum, ]iayable monthly. (M. (;., sec. 2114.) I AltT. Ill.l OF PUBLIC SCALES. HLM Sec. 2560. W . In aildiiion in the general lultillnient of the iiiiiilition of a liond. as rei|uii'ed from city oflicers. the follo\\ iTiti'. amon^ Ml hers, shall he deemed a hreach or breaches of Ihe official bond of a weiyher lit |inMic nr |iri\ate scales : l''irsi — If the scab's and \\ei<;hts under the control of any such weiiiher shall be at any time so much out of order as to weifih forty or more jiounds. more or less, than the standard weifilit. and he shall c(uitinue to weigh therewith and issue and .chai-fio for certificates of such weijihinji without fliviii}; notice to tlu> inspector of weijjhts and measures of the inaccuracy of his scales and weij;lils and ceasiiij; all wei<;hinf; thereon until the same be lesh'd and adjusit'd b\ the saiointed by the mayor under Ihe provisions of this article, or any of his deputies shall, directly or indirectly, in person or liy another, be engaged in ihe buying or selling of hay. grain or cereal, stone or bituminous coal, an- 1122 REVISED CODE OR GF:NERAL ORDINANCES. [CHAP. 4" thracite or .seiui-anthraL'ite coal or rokf. of odier articles to he weighed, ex- cept so much as may be uecessai-y lor his private family use, in every such case, amonj»- others, a breach of such bond shall be deemed in law to be made, and any weigher of any public or private scale who shall commit any of the aforesaid acts constituting a breach of his official bond shall, in addition to forfeiting his bond, be guilty of a misdemeanor, and upon complaint be- ing made in writing before either of the police justices of the City of St. Louis, it shal^ be the duty of the jiolice jtistice to hear and determine the same as other misdemeanors according to ordinance, and in case of convic- tion thereof the otfending jiarty shall be fined as provided in section 2r)S.'!. (Ord. L'144!l. amending M. (\. sec. L'llT.) See. 2563. Weigher — wlieii to forfeit position as. — Any weigher M"ho shall be twice convicted before either of the jjolice justices of the City of St. Louis of a breach of his bond or other violation or failure to comply with this article, shall, by viifue of such conviction, cease to be a weigher from and after the day on which said conviction is had, and the clerk of the ct)ui-t shall al once notifx' the uiavor of tlic fact. ( M. C, sec. 2418. 1 Sec. 2564. Weij?liing — to be done on city scales— penalty.— Any person who brings or sends into the City of St. Louis for sale or foi- delivery, any hay, grain or cereal, stone or bituminous coal, anthracite oi- semi-anthracite coal or coke, except bituminous coal in tpiantities less than twenty-five bushels, and hay, grain or cereal in quantities less than twenty- live hundredweight, in any wagon or other vehicle, and any jierson who actually sells, or offers for sale, any hay. grain or cereal, stone or bituminous coal, anthracite or semi-anthracite coal or coke, except bituminous coal in quantities less than twenty-five bushels, and hay, grain or cereal in quanti- ties less than twenty-five hnndi'edweight. or delivers any such articles in any wagon or vehicle without first having had the same, and the wagon or other vehicle containing the same, duly and legally weighed at somi» city scale or by some legally bonded ])rivate weighei- within the city limits on the day ou which the same is sold or offered for sale, or delivered, or on the day jtrevi- ous thereto, and without first having jjrocured a certificate of the weight thereof from some city weigher or legally bonded private weigher and paid for the same, according to the provisions of the ordinances of this city, which certificate shall contain a gross, nni' and net Aveight of the articles con- tained in said wagon or other \'ehicic. as also the true fee ]iaid th(> weigher thereof and the weigher's name written thereon, sliall be dfcmcd guilty of a misdemeanor, and. n|pon ronviction thereof, shall be tincd as pro\ ided in sei- tion --'."is:!. ((»i-d. 2144!). amending .M. C. sec. 241!(. i .Suoli provisions arc \-aIi. AVajjoiis \vitlioiit \veif?lit mark — penalty. — Any person who brings or sends into the City of St. Louis, and any ])erson who sells or otl'ers for sale oi' delivers, any hay. grain or ceri>al. stone or bitn minous coal, anthi'acite or semi-anthracite coal or i-okc excejit bituminous coal in (|uantities less than lwenty-ti\e bushels, and hay, grain or cereal in qnantilies l(>ss than l weiity-lixc hundredweight, in any wagon oi- other ve- hicle which has not marked or stamped thereon in jilain and legible charac- ters the weight ihereof by a weigh(>r legally authorized thereto in the man ner mentioned in the second subdivision of section 2.")(i2. shall be deemed guilty of a misdemeanor, and u|Min lonviction fined as ]>rovided in .section 2.")S:'.. t'Ord. 2144!t. amending .M. ('.. sec. 2420.) AUT. iii.i i>i- iTitr.ii- s.Ai,i-:s ll-j;( Sec. 25Gti. Wa^roiis — liou oft<'ii have llieir wa-^iins nr tiiher vehicles weighed al h-asr mice everv week, ami iin pillilie weif^liei- shall issue his cev- rilicate for aiiv \\aj;iiii or other vehicle ii|i(iii which ihe liale of its lM'inr vehieh's enjiajied in hauling grain, hay. iron or any other articles s of charge, and no Aveigher doini; juililic weighing shall weigh a loadeil wagon or vehicle until the cerlilicalc of the weight of the empty wagon or vehicle is pro|iei-|y produced. It shall also he Ihe duty of any owner of any wagon or other vehicle to lia\(' the same reweighed immediatidy after said wagon ov other vehicle has heiMi repaired: and if an.\ owner or drivi-r of ain wagon or other vehicle shall alter or change .my part «»f said wagoii or other \chiile after the same shall ha\e lieeii weighed, the .said wagon or oilier vehicle shall lie immediately reweighed liefore lieiug used; provi(h'd. that .so much of this section as i-eipiires the weighing of cei-tain wagons (| — pciial- t'lvs f«»r vH>lati(>iis— >iali' of \\ag:«ni, <'t<'. — |>r«n*«'«Mlin«;.s, vtr. — ll shall he the duty of aii\ police, of licer of Ihe City of St. Louis, as well as ihe right of an,\ olher citizen, to demaml of Ihe driver of any wagon or other vehicle in which any liay, grain or cereal, stone or hiiuminous coal, anilira- <'ite or semi ant hracite coal, charcoal or coke, excepling liituiiiiiioiis coal in (piantities less than twenty live Imshels. and hay. grain or cereal in ipian- tities le.ss than twentytive liiindredweighl. is lieing hauled for delivery, to produce his certiticate of weighing, and if he deems it necessary, to orefore either of the police justices of this city for a violation of tliis article, ami such driver shall lie deemed guill.x of a misdemeanor. an city eipially. upon the receii)t hy them of the amount of such fine, and upon conviction of the weigher, to a fei- of ti\e dollars, to he paid l»y the city on re4'eipl hy it of the amount of such tine, and provided :ilso. in case of refusal hy siicli driver to 1124 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 40. produce his certificate, or upon tlie demand of the police officer or other citizen to drive liis wagon or other vehicle, with its contents, to one of the city scales or private scales having a legally bonded weigher, for the ]ini'iiose of being reweighed as aforesaid, such driver shall be deemed guilty of a mis- demeanor, and his wagon or the vehicle, and its contents, shall be arrested, and he shall be complained of and convicted as if his wagon or other vehicle, were found to vary in weight from his certificate as aforesaid; and pro- vided, also, that if the sale of the wagon or other vehicle, and its contents, shall not produce the amount of fine and costs, such driver shall, for tlie deficit, be liable in the same manner as other defendants who have been con- victed and fined in the police court. ( Ord. 22107. amending ord. 2144!t. sec. 2422.) See. 2568. Fees for weigrhing — wrongrful charge— penalty. — Dealers in coal shall not be permitted to charge or receive from the jiur- chaser of any load of coal containing twenty-five bushels or less, excepting hard or anthracite coal, a fee for weighing such load on their scales. For weighing each load of coal containing over twenty-five bushels, of which they are the owners, and weighed on their own scales, they are authorized to charge and receive a fee of twenty cents, or any less sum they may see fit to charge. Dealers in other articles are also authorized to charge and receive a like fee for weighing each load of their own articles upon their own scales. When loads of coal or other articles for parties other than the owner of the scales, the weigher of such scales shall be required to charge and receive a fee of twenty cents for each and every load weighed ; and for each animal weighed separately, five cents. Any weigher in the City of St. Louis, who shall charge for weighing, where no fee is permitted to be charged, or shall, under any circumstances, charge more than the fee of twenty cents, or when weighing for parties other than the owner of the scale, charge less than the fee of twenty cents for weighing each load, as fixed by this section, shall be deemed guilty of a misdemeanor, and, u])on conviction thereof, shall be fined as provided in section 2583; and no weigher shall deliver his certificate of weighing until the fee, according to the tariff, is paid; provided, that all weighers at public scales shall charge a uniform fee of twenty cents, neither more nor less, for each and every load weighed, and five cents for every animal weighed. (M. C, sec. 2423.) Sec. 2569. Statements required of private owners — penalty. — Every person, whosoever, interested as stockholder or owner in whole or in part in any private scale, licensed to do public weighing in the City of St. Louis, shall file with the register a written statement, verified by his affidavit, of his (piantity or amount of stock or ownership in such scales. whether he deals in the buying or selling of hay or stone coal, or is inter- ested in any way, directly or indirectly, in such buying or selling except for his own i)rivate family use, and in case of failure or refusal to comply with the provisions of this section, the owners of such scales shall be deemed to have forfeited the authority granted them, and the powers under which said scales are authorized to do public weighing shall be absolutely revoked and all weighing done thereat shall be illegal, and every person issuing certifi- cates of weighing, or offering hay or stone coal for sale, with certificates from a forfeited scales, or the weigher thereof, shall be deemed guilty of a mis- demeanor, and upon conviction thereof, be fined as provided in section 2583. (M. C, sec. 2424.) Sec. 2570. Duties of weighers. — It shall be the duty of every weigher of the city scales appointed under this article: First — To attend to the office of the public scales for which he is ap- pointed, from sunrise to sunset of every day, Sundays and legal holidays ART. HI. I Ol'" PL'BUC SCALKS. 11^6 exceptoil, aud to Wfij;li evt-rv loail of liav. <;iain or cereal, sloiio oi- hitumiu- ous loal, autlirariit' or stMiiiaiitlii-acilc coal or coke, or oilier tliiiij; which may lie presented to be \veij;lied, and (o t,'ive the ptMsoii presenting the same a ceriilicale of the gross tare and net weight thereof. Second — To enter in suitable books, in tabular form, ever.v load of hay, grain or cereal, stone or bituminous coal, anthracite or seinianlhracite coal or coke, or other thing weighed, designating the kind and weight thereof, and before whom weighed. Third — To receive and receijii hi lin- imnpi roller fur all blaiiU certili- lales which he may use or obtain. l''inirth To settle with the comptroller on the last Saturday in each month for all blank certificates, aud pay to tlie treasurer on Saturday of each week all moneys received by him as weigher, taking triplicate receipts theri'fiu-, one of which shall be tiled with the auditor, anil one with the comptroller. Fifth — To perform such duties in the uieasureiuent of wood, and other- wise, as may be required of him by ordinance. (Ord. 21441), amending M. (".. sec. -'4l'.i) Sec. 2571. \\ «'ig^hl «)f biislicl — ♦•oal.^lii weighing stone coal the weigher shall compute eighty pounds a\oiiduiiois to be a bushel. ( M. C, sec. J412G.) Si c. •_>.')72. Doaling: in uiiwcigrluMl «-oal and oUht ar(i('I«'s pro- IlibitCil. — No persiiii shall lm,\ ny sril ami (lcli\cr in aii,\ wagon ov \cliiclo, ami no person sliall deliver in any wagon or other vehicle any hay. grain or ci-real. stone or bituminous coal, anthracite or semi-anlhracile coal or coke, except bituminous coal in t|uantities less than twenty-five bushels, and hay, grain and cereal in quantities less than twenty-five hundredweight, until the same has been weigheoul8, 130 Mo. 323, 327. fi uq. See. 2573. Frauds — |MiiiislinM>nt «»l". \\\\ person who shall have had any hay. grain or cereal, stone or bituminous coal, anthracite or senii- anihiacile coal iw coke. r sale or deliver the remailidei' .-is for ihe quantity lalled for in .said certificate of weight so received by him, and any person who shall change, alter or in any manner falsify the certificate of the weigher, or shall |K'rpeirale any fraud on the weigher or |iurclia.si'r. or shall siifiVr any of these things to l)o done, shall be deemed guilty of a misde- meanor and upon conviction thereof shall Im- fined not less than fifty dol- lars nor more than 'Cwc hundred dollars, i Ord. 2M4;i. amending M. C, sec. 242.S. I ( nUe : REVISED CODE on CICNEUAL ORIJINANTF.S [CHAP. 40. See. 2574. False certifloatt'— penalty for sale under. — If anv retailer or other jierson sell, or nller for sale, or deliver, a load of hay, j;raiu or cereal, stone or bituniiuous <'oal, anthracite or semi-anthracite coal or coke in the City of St. Louis under pretense of a weigher's certificate ob- tained under and by virtue of the weight of another and ditt'erent load from the one he sells, or otters for sale, or delivers, shall be deemed guilty of a misdemeanor, and upon conviction theieof be fined not less than one hun- dred dollars, nor more than five hundri'd dullars. lOi'ii. 2144!i. amend. M. <;., sec. 242t).) Sec. 257;"). Litiuor at scah's proliil)ite. Oealinj; in artiele.s not weijfhed at authori/.ed scales p rohib i te d— niisdeniean<»r — penalty. — Any person offering for sale or delivery or delivering, in the ( 'iiy of St. Louis, any load of hay, grain or cereal, stone or bituminous coal, anthracite or semi-anthracite coal or coke, excei>t bituminous coal in (|uantities less than twenty-five bushels, and hay, gr;iin or cei'eal in (|uantities less than twenty-five hundredweight, op other article, in any wagon or other vehicle, which has been weighed at scales not authorized to issue certificates of weight by ordinances of the ushels, and hay, grain or ceriMil in (nianlilies less than twenty-five Inindrt'dwciglit. or other article, tindei- and by ,iulii(iiily of a certificate of weight issued by any weigher of such uiiatiliiorized oi' illegal scales, shall b(- deemed guilty of a misdemeanor, and shall be fined not less than ten dollars nor more than one hundred dollars for every first otl'ense, and for every subsequent ort'ense the sum of not less tlnin one hundred dollars, nor more than fi\e hundred dollars. (Ord. 2144;t, amending M. C. sec. 24:n.i Sec 2r)77. Aetiiif; as \vei^ht'r at unauthorized srales pro- h i b i t e ;!.) VKT. nil 1>K PllU.IC SCAI 112' Sec. 2579, Tests of seaU's to Ik- ma«l«> .Ka.li w.Mtrh.r shall cause the atciirarv i.l the scales under his cliar;;e to he tested In the in- s{>ector of weijriits atid measiii-es at least twice in eaeli yoiiv. and ai all limes such tt'sts shall he made h\ ihr insjtector of wcij;hts and measures; hut tut i-eiiairs invidviiii; any f\|MMdilure of money shall he nuide w'ilhout the aj)pruval ol' the eomiiiniilcr. i M. C. sec. LM;t4. i Sec. 2580. \V«>i<;lH'r aiul surely prohihitrd tiom s wrile on s«-ales — No |..mso» actin<; as wei^dier on any si-alc autlioii/.cil to do |iul)lic \vei};hin.'>. i Sec. 2.jSi. I'aclvjijjes on wagons — how arr:iii<;<-jhed are hereby reijuired to arranjie stieh jiacka^es on their resjiective wa;rons in such manner thai they cati he conveniently counted and the nuiidier thereof asceriaiiied. It shall be the dut\ of every wei^:her to ascertain by actual count the mimlier of packajies on such wafions before issuing hi.s certificate of weight and ntiinber thereof, and if. from the arrangement of such packages, he may lie unable to correctly count and ascertain their inimher, he shall leluse to state upon the ticket the number of packages said to he coniaiihMJ in sm h load. Any weigher who fails to coinjily with the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof, shall he lined as pro\ ided in section 2oS:>. iM. ('.. sec. 2430.1 See. 2582. Duly of <*oll«'rtor. [t shall he the duty of the ctdlector to see that the |>id\ isions of this article afiplicahle to private scales are com]>lied wiih. and to prosecute all parties violating or failing to comply with the same, i M. ( '.. sec. 24;>7. i See. 2383. Penally fur \ i ar- ticl«' — i>r jienalty if is hereby further ordained, that whenever any owner or weigher of private scales shall 1h» convicte«l of a second violation or failure to comply with the provisions of this article, the right to do weighing u)ion such scales shall 1m» deemed lo Ix' forfeited, and the scales shall he aholisheil and removed from the street: and the jiolice justice Iw^fore whom the ca.se may Im> tried shall so decree, and the clerk of said police court shall at once notify the street commissioner of such decree, and .said str(H>t commissioner shall immediately proceed to remove or catise to be removed such scales from the jiublie slre<>t8. I M. (•.. sec. 24::!i. I 1128 REVISED CODE OR GENERAL ORDINANCES. (CHAP. 40. ARTICLE IV. OF CITY WEIGHERS. Sec. 2584. City weijfhers by portable scales to be licensed — amount of. — The liceu.se collector is hereby authorized and directed to i.ssue a liceuse to exercise the office of city weigher, by portable scales, for the term of one yeai-, to any jjerson who shall ajijdy for tlie same; pro- vided, such person sliall pay the sum of twenty-five dollars for such license. (M. C sec. 2440.) Sec. 2585. Location of office to be registered — duties — bond. — Each weigher shall keep an office, the location of which shall be registered by him in the license collector's office, and sliall suj)]ily himself with suitable scales, tested and approved by the inspector of weights and measures, and shall, before entering on the duties of his office, give bond to the city in the penal sum of two thousand dollars, with good and sufficient security, to be approved by the license collector, conditioned for the faithful performance of the duties of the office of weigher and to indemnify all per- sons against any fraud, collusion or error on his part, and he shall, when re(]uested, weigh any article of commeice and deliver to the apiilicant a cer- tificate which shall state the marks and number of the packages weighed, the number of such packages constituting each draft, and the weight of such draft separately, and also the total weight of each lot of merchandise, which is distinguished by a separate mark, and shall keep a register in a suitable book of all articles weighed. (M. C, sec. 2441.) Sec. 2586. Penalty for weighing without license. — Any fierson who shall exercise the office of citj' weigher on portable scales, with- out having taken out a license, as herein provided, shall be deemed guilty of a misdemeanor, and upon conviction thereof, be fined not less than fifty nor more than one hundi'ed dollars for each and every offense, nor shall any weigher employ a deputy. (M. C, sec. 2442.) Sec. 2587. License not to be granted to certain per- sons. — A license as weigher sliall not tie granted to any jierson or to any employe of any person who, at the time of applying for the same, is directly or indirectly engaged in buying, selling or trading in any article that he may be called upon to weigh, and any ]ierson who shall, after having taken out a license, become so engaged either as principal or employe, shall thereby forfeit the office and privileges granted by this article without claim on the city for the license money ])aid. (M. ('., sec. 2443.) Sec. 2588. Scales to be tested. — The scales of the city weigher shall be tested by the inspector of weights and measures at least once in every six months, and oftener, if s\ich scales shall be suppo.sed to be in- correct. (M. C, sec. 2444.) Sec. 2589. Fees of city weighers The city weighers shall be entitled to charge and receive as compensation for their services, namely: For sacks of corn, wheat, oats, rye, seed, potatoes and onions, one cent per hundred pounds; for bags of dried fruit and bran, one and one-half cents per hundred pounds; foi' coffee, two cents per bag; for rags, two and one- half cents per hundred pounds; for baled hay. tow and hemp, one and one- half cents jier hnndi-eil jiounds; sugar, eighty-hundredths of one cent per hundred pounds; each hogshead or package of tobacco, fifteen cents; meat, AHT. v.] OF LI'.MIUCIS MKASUUlillS. 1129 ten cents ]>cv cask; meat in Imlk. one ami onelialf cents per liundred poumls; lard. j;rease. tallow and oil. tliree cents jm-i- tierce or jiaikajje; bar- rels, three cents each; ke'js of lard, one cent each; hale of cotton, ei^ht cents; pijj iron, one cent per hniidred pounds; pij; lead, eij^htv hnndredths of t>ue cent per hundred pounds; hales of hafis of wool over one hundred pounds, ei>iht cents; under a hundred iiounds. four cents; coil rope, one and onelialf i'eiils each; tierces of rice, live cents each for assorted fjraiii, lifty cents per limi(lrfd sacks. (M. (".. sec. l!44r). i Sef\ 2590. KoffisttT «)iu'n to iiisiMM-fuui.— Tlie re-risti-r reipiired to he kept 1)V the citv wei-^hers shall, al nil limes, lie njien to the inspection of anv person interested in weitrhiii}: doin- li\ iln'in. i M. C, sec. 2446.) AKTICLE V. OF Ll'MBRR MK.\SURF:RS.' Sec, 2591. 31a>.vor to appoint out' chief and «l«'pntii'H. — rpon the reconinieiidalion of the Si. Louis Ilarihvood and I.uiiilier Manu- facturers' i;xchan^e. a corporation e.\istin>; under the laws of .Missouri, the inavor of the Citv of St. I-oiiis shall api>oint, for said exclianire, one chief inspector and in<>asurer and such deput\- inspectors and measurers as mar he necessarv to perform the duties of iiispeclinj; and ineasuiin<; any and all liunher which shall be placed under their supervision; and ujion the recoininendation of the Lumbermen's Exchange of St, Louis, a corporation e.xistinjr under the laws of Missouri, the mayor of the City of St. Louis shall also ajipoint, for said e.\chant;e, oiu' chief insjiector and measurer and such deputy insi)ectors and measurers as may be necessary for its ])uriiose, .\ll of said apiK>intments must, however, be conlirmed by the council, and all \acancies shall be filled in liki- inaiimr. i .M. C„ sec. 2447.) Sec. 2592. Lii-en.se.s and bond.s. — The chief inspector and meas- urer shall jiay a license fee of twenty live dollars per year, and f;ive a bond in the sum of three thousand dollars, and the dejiuty inspectors and meas- urers shall pay a liien.^ie fee of lifleen dollars per year, anil ,i;ive a bond in the sum of t\\o thousami (hdlars (such bonds to be payable to the City of St. Louis, for the use of any iierson injured i and conditioned for the faithful jierfiuniance of the duties of their resiiective offices, and to indem- nify all jiersons against any fraud, collusion or error on their part. (M. C, sec'. 244S.I See 2593. Lumber to be insp«M'l.'e shall be duly certified by smh exchanp' to the mayor of the Citv of St. Louis, and the license of said in8|M>ctor and measurer, or deputy '.Mtinlclpal authority for lumber ln»pcctlon and meaauromi-nt: Ctiartcr. Art. lit. n»'C. 26, clause T* wtinrfnsrc on InmlH-r lA riauso 4. 1130 ItEVISEl) CODK OR GICNJJHAI. OHLiINANCKS. ICHAR 4U iusixjctors and measurers, shall thereupon be revoked liv the mayor, and any attempt to inspect or measure lumber as an oltieial inspector and meas uivr, or deputy, lor such exchaui>e, on the i)art of any person whose license shall have been revoked, shall be a misdemeanor. The chief inspectors and measurers and deputy insjiectors and measurers shall be subject to removal at any time by the mayor. (M. (,'., sec. l'4oU. i Sec. 2595. Arti<*los subject to inspection — wlu're landed All lumber or other arlicles bioiii;ht to this city liy water and landed on the wharf or landinji. and which are placed under the sujiervision of any li- eensed lumber inspector and measurer, shall be ])laced where and in such manner as the harbor and wharf •coiiimissinner or his dcjintv niav direct. (M. C sec. 24."31.i 8ee. 2596. ('ertifi<'ate of nieasiireinenl— what to .state. — All deputy lumber insiieciois and measui'crs shall. ui»in measurinj;- any lum- \)fv. f»ive a certificate slatinj; the (pialil\- and ipiantity thereof to the owner, countersigned by the chief insjiector and measurer, and as prescriljed by ordiname. (M. (".. sec. 2452.1 Sec. 2597. Inspeetor.s, etc., not to buy or sell It shall not be lawful for any chief inspector and measurer or any deputy insi)ector and measurer directly or indirectly, personally <»r by another, to lie en<;aged in the l>uying: or sellini!, of any of the articles herein placed under their super- vision. (M. C, sec. 24.53.) Sec. 2598. Fees. — The chief inspectors and measurers and deputy inspectors and measurer shall be entitled to collect for their own use for inspecting and m(>asurin<;- lumlier such fees as may l)e est.iblished by the by-laws or rules of the exchange for which they are appointed. Such fees shall not at aux lime exceed the amount limited liv ordinance, i M. C, sec. 2454.) Sec. 2599. Penalty for aetiiij;' witTiont license, or violat- inff thi.s article. — No person shall perlorm the duties of the office of sui-h chief inspector and measurer, or de])uly insjiector and measurer, un- less he shall ha\(> first been ajipointed and obtained a license for that pur- 1)ose, as provided in the preceding sections, and any per.son who shall per- form the duties of any such office without such license, or who shall violate any of the jirovisions of this article, shall be deemed guilty of a misde- meanor and shall, u]ion conviction thereof, be fined not less than twenty-five nor more than one hundred dollars. Each and every act of insi)ecting or measuring lumbei- shall (imstiiiite a separate offense. ('^\. ('., .sec. 2455.) APPROVED MARCHic), 1907. INDE.X TO REVISED CODE FOLLOWS APPENDLX. PART IV j^iPiPEisriDix: TO REVISED L ODE. (.KNKKAI. ( »1MM NANCES i:\A( I'Kl) Al'I'Kl.' I' III; >l H- MISSIOX OF TIIK iM:\ l>i:i) CODK I'O I'llK MINK ll'AL A^SIIMI i;i;i;. hhk;) i p 'r( oi" Till-: I'.tofi sioN rii IN Al' I'.ttiT 1.^ . (IN SKl'TKM- ) rilK CLOSE -llHiT SI'IS- •;i;i:oi- ML 1132 ' APPENDIX TO REVISED CODE. CHAP. I, ART, IV. BUILDING CODE. CHAPTER I. BUILDINGS, DEPARTMENT OF. ARTICLE IV. BUILDING CODE. (ORDINAXCJ; 22778.) Building Code — Clerks — Salaries, Bonds, etc. — An ordinance to amend Ordi- nance Number 21463. entitled, "An ordinance amendatory of Section Twenty-eight of Article Four of the Municipal Code of St. Louis [R. C, sec. 31] in relation to the office of the Commissioner of Public Buildings," approved April 7, 1904. Be it Ordained hy the Municipal Assembly of the City of St. Louis, as follows: Section 1. Ordinance Number 21463, entitled "An ordinance amendatory of Section Twenty-eight of Article Four of the Municipal Code of St. Louis, in rela- tion to the office of the Commissioner of Public Buildings," approved April 7, 1904. is hereby amended by striking out Section One of said ordinance and inserting in lieu thereof a section havin,g the same number and to read as follows; Section One. Section Twenty-eight of Article Four of the Municipal Code of St. Louis is hereby amended by striking out said section and inserting in lieu thereof another section bearing the same number, as follows: Section Twenty-eight. [R. C sec. 31.] Clerks — Salaries and bonds. There shall he appointed by the Comniissionei of Public Buildings, subject to the approval of the Mayor, a Chief Clerk and an Assistant Clerk, and a Permit Clerk. The Chief Clerk shall receive a salary of One Hun- dred and Twenty-five Dollars per month, payable monthly. He shall give bond in the sum of Two Thousand Dollars, vvith good and sufficient security, to be approved by the Mayor and Council. The Assistant Clerk shall receive a salary of One Hundred Dollars per month, payable monthly, and shall give bond in the sum of One Thousand Dollars, with good and sufficient security, to be approved by the Mayor and Council. The Permit Clerk shall receive a salary of One Hundred and Twenty-five Dollars per month, jiayable monthly, and shall give bond in the sum ol Two Thousand Dollars, with good and sufficient security, to be approved by the Mayor and Council. Approved February 12th, 1907. (OUIUXANCE 22749.) Additional Employes and Appointees. — An ordinance to amend Ordinance Number 20CG1, entitled "An ordinance to amend Section Thirty-one of the .Mu- nicijial Code (relating to Commissioner of Public Buildings) fR. C, sec. 34] by striking out said section and inserting a new section bearing the same number, by adding certain words thereto. Be it Ordained hy the Municipal Assemhly of the City of St. Louis, as follows: Section 1. Section One of Ordinance Number 20661 is hereby amended by in- serting in said section after the word ■'monthly" in line fifteen thereof and before the word "The" in line sixteen thereof the following: "The said Commissioner of Public Buildings shall also have authority to appoint with the approval of the Mayor one additional inspector, to be known as Inspector of Plastering, who shall receive a salary of one hundred dollars each month, payable monthly, and who shall be a practical iilasterer and a tnialified voter of the City of St. Louis for at least two years prior to his appointment." So that said Section One of Ordinance Number 20661 as amended, shall read as follows: [R. C, sec. 34.] Sec. 1. Section Number Thirty-one of the Municipal Code is hereby amended by striking out said section and inserting in lieu thereof a new section to be known as Section Number Thirty-one. Sec. 31. In addition to the inspectors provided for in Section Thirty of this article, the Commissioner of Public Buildings may. when necessary for the proper performance of the work of the department, employ, with the approval of the Mayor, additional inspectors not exceeding six in number, and whose salaries shall be one hundred dollars each per month, payable monthly. The said Commissioner of P\iblic Buildings shall also have authority to appoint, with the ajiproval of the Mayor, one additional inspector, to be known as Inspector of Plastering, who shall receive a salary of one hundred dollars each month, jiayable monthly, and who shall be a practical plasterer and a qualified voter of the City of St. Louis for at least two years prior to his appointment. The said Commissioner of Public Buildings shall also have authority to ap- point, with the approval of the Mayor, one examiner of plans, whose salary shall AIT'ION'DIX TO i:kvisioi> codk. ]133 CHAP. I. AUT. IV. BUILDINr, CODK. be OIK' hundred and twenty-five dollars per month, payable monthly, and one rec- ord clerk, whose salary shall be one hundred dollars per month, payable monthly, and one stenographer, whose salary shall be seventy-five dollars per month, pay- able monthly. Said examiner of plans and inspectors of the second class shall be skilled mechanics, engineers or architects, having a thorough knowledge of building construction, and shall each give bond to the City of St. Louis for the tailhful per- formance of his duties in the sum of two thousand dollars with two good and suf- ficient securities to be approved by the Mayor and Council. All of the employes herein authorized to be approved or employed shall be subject to dismissal by the Commissioner of Public Huildings at his pleasure. Seven horses and buggies shall be allowed to the office of the Commissioner of Public Buildings, to be acquired and maintained at the cost ol the city; the purchase price of each outfit, consisting of horse, buggy and harness, shall not exceed the sum of three hundred and fifty dollars. Approved February 5th. 1907. (OKDIX.Wfi; iliTIS.) Buildin); Code — Ceilings — Partitions, etc. — An ordinance to amend Ordinance .Vumber L'L'KL'l'. entitled "An ordinance to revise the building code of the City of St. Louis, being .-Vrticle Four, Chapter One. of the .Municipal Code, repealing Sec- tions oS to 2ij;i, inclusive, of said article, and enacting in lieu thereof a new ordi- nance governing the construction and erection, reconstruction, alteration, repair, remodeling, changing, moving, removal and securing of buildings in said city, and providing for the safety of buildings when so erected; also regulating the use of and providing for the safety of the public in theaters, opera houses and other buildings devoted to public amusement." approved April 7. 190,t. by adding thereto a new section to be known as Section Seventy-one A. [R. C. sec. Ilia.] Be it Otdaiued by the Municipal Assembly of the City of St. l^oiiis, as follows: Section 1. Ordinance Number 22022, entitled "An ordinance to revise the Building Code of the City of St. Louis, being Article Four. Chapter One. of the Municipal Code, repealing Sections 3S to 2.t3. inclusive, of said article, and enacting In Ueu thereof a new ordinance governing the construction and erection, recon- struction, alteration, repair, remodeling, changing, moving, removal and securing of buildings when so erected; also regulating the use of and providing for the safety of the public in theaters, opera houses and other buildings devoted to public amuse- ment." is hereby amended by inserting a new section to be known as Section 71 A. as follows: Section 71 A. All ceilings and stud partitions of all dwellings, lodgings and tenement houses, and furred walls of the same, when plastered with lime mortar on wood lath, must have not less than one-half Inch key, leaving space between ends of lath. For three-coat or scratch-coat work to have at least seven-eighths Inch grounds or jambs, mortar to be mixed as follows: First of scratch coat to be mixed or tempered one part of thoroughly slaked lime to two and one-half parts of sand and one-half part of hair to be applied with sufficient pressure to insure a good rivet or clinch on upper side of lath, to be scratched thoroughly to make key to retain second coat. First coat to be thor- oughly dry before applying; second coat or brown mortar, for three coat or scratch work to be mixed wltli one part of slaked lime to four parts of sharp sand, with little hair. Lime mortar for brick or tile work to be mixed with one part lime to five sand. For two coats of laid off work. First coat to be mixed the same as in three coat work. Brown mortar or second coat to be mixed or tempered one part of lime to six parts of sand. Grounds should not be less than one-half inch. For white coating with lime mortar, lime should be well slaked and put through a fine screen or sieve. To mix thoroughly before applying use two parts of lime to one-half part of plaster of parls. For cornice work equal parts of lime and plaster of parls should be used. All lime should be slaked at least ten days before using. .Ml plastering must be done straight and square to the floor line; also all plastering made flush and solid to all frames and to be straight and regular to all mouldings and casings. When patent plasters are used, such as Acme, Climax, Floyal, Laramie and other standard cement plaster; For three-coat work, lath to be spaced not less than three-eighths Inch key, joints to be broken every fifth lath, leaving space between ends of lath. First 1134 API'KNDIX TO REVISED CODE. CHAP. I. ai:t. IV. nni.DiXG code. coat: To each measure of fibered cement plaster add two measures of clean, sharp sand, mixed thoroughly and uniformly, and add sufficienr water to temper to proper consistency. Mortar to be applied promptly with suffjcient pressure to form a good rivet or clinch on upper side of lath. First coat to be thoroughly scratched to make a key to retain second coat. Second coat to be applied when first coat is two-thirds dry, and to each meas- ure of fibered cement plastered add two measures of clean, sharp sand, mixed thor- oughly and uniformly, and add sufficient water to temper to a stiff mortar. Mortar to be applied promptly with sufficient pressure when half dry to apply finishing coat. Finish coat for smooth finish. Unfibereid cement plaster with sufficient water to temper to a proper con- sistency trowelled do\<'n with the least water possible and brushed with a perfectly dry brush. Second coat \vork. Grounds to be not less than one-half inch. Lath to be spaced not less than three-eighths inch key. Joints to be broken every fifth lath, leaving space between ends of lath. First coat. To each measure of fibered cement plaster, add two measures of clean, sharp sand, mixed thoroughly and uniformly. Add sufficient water to temper to proper- consistency. Mortar to be applied at once, with coat sufficient to make walls flush with grounds. Apply finishing coat when first coat is half dry. Approved February 5th, 1907. (ORDIXAXCE 23013.) IJuililiuf; Code — K<.'-onforcing — Concrete, etc. (See Rev. Code, sec. 234a). — An ordinance to amend Ordinance Number 22022, entitled ".^n ordinance to revise the Building Code of the City of St. Louis, being Article Four. Chapter One of the Municii)al Code, by repealing Sections .3S to i.'io. Inclusive, of said article, and enact- ing in lieu thereof a new ordinance governing the construction and erection, recon- struction, alteration, repair, remodeling, changing, moving, removal and securing of buildings in said city, and providing for the safety of buildings when so erected: also, regulating the use of and providing for the safety of the public in theaters, opera houses, and other buildings devoted to public amusement," approved April 7, 190."i, by adding thereto, and at the end thereof, five new sections. Numbered 1S8, 1S9, 200, 201 and 202. which said sections govern and regulate the compo- sition, strength, resistance and use of concrete and re-enforced concrete, used in the construction, erection, reconstruction, modification, alteration and repair of buildings in the City of St. Louis. Be it Ordained hy the Miniii ipn! Assemlih/ of the City of St. Louis, as foltows: Section 1. Ordinance Number Twenty-two Thousand and Twenty-two. en- titled: "An ordinance to revise the Building Code of the City of St. Louis, being Article Four, Chapter One, of the Municipal Code, repealing sections Thirty-eight to Two Hundred and Fifty-three, inclusive, of said article, and enacting in lieu thereof a new ordinance, governing the construction and erection, reconstruction, alteration, repair, remodeling, changing, moving, removal and securing of build- ings in said city, and providing for the safety of buildings when so erected; also regulating the use of and providing for the safety of the public in theaters, opera houses, an'd other buildings devoted to public amusements," approved April Sev- enth, Nineteen Hundred and Five, is hereby amended by adding thereto and at the end thereof, five new sections, numbered One Hundred and Ninety-eight, One Hun- dred and Ninety-nine, Two Hundred, Two Hundred and One and Two Hundred and Two, which said sections govern and regulate the composition, strength, re- sistance and use of concrete and re-enforced concrete, used in the construction, erection, reconstruction, modification, alteration and repair of buildings in the City of St. Louis. Sec. 19S. Re-enforced Concrete. Definitions; First — Re-enforced Concrete is a concrete in which steel is embodied in such manner that the two act in unison in resisting stresses due to external loading. Second — Concrete is an artificial stone resulting from a mixture of Portland Cement, water and an aggregate. Third — Portland Cement shall be as defined in the Standard Specifications adopted on .lune Fourteenth, Nineteen Hundred and Four, by the American Society for Test- ing Materials. Fourth — An Aggregate, as herein used, means one or more of the following materials: Sand, broken stone, gravel, hard-burned clay, .\ggregates Al'l'KNDIX TO UI;VISI:P CODR. )j;;5 CHAP. I, .\i:t IV. iirit.iMNii ••>>i>i:. will he (liviflfd iiiui two classes. Klnc AkkickiUc and Coaisc AjJBroKutt's. A Fliif ARgrt'Kate will include all AKBreRiite passing a number eight sieve. A Coar.st^ Aggregate will include all Aggregate passing a one-inch ring and retained on a number eight sieve. Sec. 199. Qualit.v of Materials. First — Portland Cement shall conform lo the requirements of the specifications of the .Vmerican Society for Testing Materials, as adopted .lune Fourteenth. Nineteen Hundred and Four, with all subsequent amendments thereto. Second — Aggregates. Fine .\ggregates shall be well graded In size from the finest to at least the size retained on a number ten sieve. Coarse Aggregates shall also bo well graded in size, from the llnesi to at least the size retained b.v a nine-sixteenths-inch ring. Fine Aggregates ma.v contain not more than five per cent, by weight, of clay, but no other impurities. Coarse .Aggregates shall contain no impurities. "A" — Sand shall be equal in quality to the Mississippi River saikI. "B" — Broken Stone shall be either limestone, chatts or granite, or some other stone equal to one of these in the opinion of the Commi.ssioner of Pub- lic Buildings. "C" — Flard-Burned Clay shall be made from suitable clay, free from sand or silt, burned hard and thoroughly. Absorption of water should not exceed fifteen per cent. Third — Concrete. The solid ingredients of the concrete shall be mixed by volume in one of the following proportions: "A." not more than three parts of Fine .Aggregate to one of Cement, "n," not more than two parts of Fine .Aggregate and four parts of Coarse Aggregate to one of Cement: but in all cases the Fine .Aggregate shall be fifty per cent of the Coarse .Aggregate. Concrete shall have an ultimate strength in comjiression in twenty-eiglit days of not less than the following: Burned-Clay Concrete — One Thousand Pounds per square inch. .All J)lher concrete. Two Thousand Pounds per square inch. Fourth — Steel. Steel shall be .Medium Steel or Hish Flastlc-Limit Steel. The physical properties shall lonform to the following limits: MKDIfM STKFL: Elastic limit — .Not less than ;'.0,000. Percentage of elongation, minimum in eight-inch. K. l.SUO.Ouu-lfl (t — lO.OOOj. Cold bend, without fracture on outer circumference — 180 flat. Character of fracture — Silky. (f) — Unit stress in steel at ruptures. HIGH KI.ASTIC-LIMIT STKEL: Elastic limit — Not less than .50.000. Percentage of elongation, mininnim in eight-inch. E. l.SOO. 000-10 (f — lO.OOOi. Cold bend, without fracturt> on outer circumference — 90 to radius — five times thickness. Character of fracture — Silky or line granular. (f) — Unit stress in steel at ruptures. Tests shall be made on specimens taken from the finished bar. and certified copies of test reports shall be furnished the Commissioner of Public Buildings at his request. Bending tests shall be made by pressure. Finished materials shall be free from seams, tlaws. cracks, defective edges or other defects, and have a smooth, uniform and workmanlike finish, and shall be free from irregularities of all kinds. The net area of cross section of finished steel members shall not be le.ss than ninety-five per cent of the area shown on approved designs. Section 200. Execution. All re-enforced concrete work shall be built in ac- cordance with approved detailed working drawings. These drawings shall be sub- mitted to the Commissioner of Public Buildings for approval, and no work shall be commenced until the drawings shall have been approved by him. The steel used for re-enforcing concrete shall have no paint upon it. but shall present only a clean or slightly rusted surface to the concrete. .All dirt, mud or other foreign matter shall be removed. If the steel has more than a thin film of rust upon it.-; surface it shall be cleaned before placing in the work. In proportioning materials for concrete, one bag containing not less than ninety-three pounds of cement, shall be considered one cubic foot. The ingredlenis of the concrete shall be so thorough- ly mixed that the cement shall be uniformly distributed throughout the mass, and that the resulting concrete will be homogeneous. The concrete shall be mixed as wet as possible without causing a separation of the cement from the mixture, and shall be deposited in the work. In such manner as not to cause the .separation of mortar from coarse aggregate. Concrete shall be placed In the forms as soon as practicable after mixing, and in no case shall concrete be used If more than one hour has elapsed since the addition of its water. It shall be deposited In hori- zontal layers not exi-eeding ►■Icht inches In thickness and thoroughly tamped with 1136 APPENDIX TO REVISED CODE. CHAP. I, ART. IV. BUILDING CODE. tampers of such form and material as the circumstances require. The steel shall be acourately placed in the forms and secured against disturbance while the con- crete is being placed and tamped, and every precaution shall be taken to insure that the steel occupies exactly the position in the finished work as shown on the drawing. Before the placing of concrete is suspended the Joint to be formed shall be In such place and shall be made in such manner as will not injure the strength of the completed structure. Whenever fresh concrete joins concrete that has set the surface of the old concrete shall be roughened, cleaned and thoroughly slushed with a grout of neat cement and water. No work shall be done in freezing weather, except when the influence of frost is entirely excluded. Until sufficient hardening of the concrete has occurred, the structural parts shall be protected against the effects of freezing, as well as against vibrations and loads. When the concrete is exposed to a hot or dry atmosphere special precautions shall be taken to prevent premature drying by keeping it moist tor a period of at least twenty- four hours after it has taken its initial set. This shall be done by a cove'ring of wet sand, cinders, burlap, or by continuous sprinkling, or by some other method equally effective, in the opinion of the Commissioner of Public Buildings. If dur- ing the hardening period the temperature is continually above seventy F., the side forms of concrete beams and the forms of floor slabs, up to spans of eight feet, shall not be removed before four days; the remaining forms and supports not be- fore ten days from the completion of tamping. If, during the hardening period, the temperature falls below seventy F., the side forms of concrete beams and the forms of floor slabs, up to spans of eight feet, shall not be removed before seven days; the remaining forms and the supports not before fourteen days from the completion of the tamping. But if. during the hardening period, the temperature falls below thirty-flve F., the time for hardening shall be extended by the time during which the temperature was below thirty-five F. Forms for concrete shall be sufficiently substantial to preserve their accurate shape until the concrete has set, and shall be sufficiently tight so as not to permit any part of the concrete to leak out through cracks or holes. Before placing the concrete, the inside of the forms shall be thoroughly cleaned of all dirt and rubbish, the forms of all beams, girders and columns being constructed with a temporary opening in the bottom for this purpose. If loading tests are considered necessary by the Commissioner of Public Buildings, they shall be made in accordance with his instructions, but the stresses induced in all parts of a structural member by its test load shall be the same as if the member were subjected to twice the dead load, plus twice the as- sumed live load. All tests of material herein required shall be made by testing laboratories of required standing, and certified copies of such test reports shall be filed with the Commissioner of Public Buildings. Section Two Hundred and One. Design. The Nveight of burnt-clay concrete, in- cluding the steel re-enforcement, shall be taken at one hundred and twenty pounds per cubic foot. The weight of all other concrete, including the re-enforcement, shall be taken at one hundred and fifty ijounds per cubic foot. Besides the above, in calcu- lating the dead loads, the weights of the different materials shall be assumed as given in Table Number One. WEIGHTS OF BUILDING MATERIALS, ETC.. IN POUiNDS PER CUBIC FOOT. TABLE NUMBER ONE. Material. Weight. Paving brick 150 Building brick 120 Granite 170 Marble ■ • 1"0 Limestone 160 Sandstone 145 Slag 140 Gravel 120 Slate 1'5 Sand 110 Mortar 100 Stone concrete 150 Cinder concrete 90 Plaster 140 Glass 160 Snow 40 Spruce 25 Hemlock 2 5 White pine 25 I I APPENDIX TO REVISED CODE. li:(7 CHAP. I, ART. IV. lU'ILUlNG CODE. Oregon ftr 30 Yellow pine 40 Oak 50 Cast Iron 450 Wrought Iron 4 80 Steel 490 Paving asphaltum 100 The following table gives the uniformly distributed live loads, for which struc- tural members shall be designed, where their dead loads are as given In column "A": TABLE NUMDER TWO. Dead load, pounds per square foot. Column "A." Corresponding live load, pounds per sq. foot. 12 3 4 40 or under 72 103 155 194 50 63 93 140 175 60 59 84 126 158 70 53 76 11-4 143 80 48 69 104 130 90 46 64 96 120 100 41 58 87 109 110 37 53 80 100 120 34 49 74 93 130 31 44 66 81 140 29 41 62 78 150 or over 27 39 59 74 The five loads on floors, for dwellings, apartment houses, dormatories, hos- pitals, and hotels, shall be given In Column One of Table Number Eleven. For school-rooms, churches, offices, theater galleries, use Column Two of Table Num- ber Eleven. For ground floors of office buildings, corridors and stairs in public buildings, ordinary stores, light manufacturing establishments, stables, and gar- ages, use Column Three. Table Number Two. For assembly rooms, main floors of theaters, ballrooms, gymnasiums, or any room likely to be used for dancing or drilling, use Column Four. Table Number Two. For sidewalks, three hundred pounds per square foot. For warehouses, factories, special according to services, but not less than Column Four of Table Number Two. For columns the specified uniform live loads per square foot shall be used, with minimum of twenty thou- sand pounds per coUinin. For columns carrying more than five floors, the live loads may be reduced as follows: For columns su|)portlng the roof and top floor, no reduction. For columns supporting each succeeding floor, a reduction of five per cent of the total live load may be made until fifty per cent is reached, which reduced live load shall be used for the columns supporting all remaining floors. This reduction is not to apply to live load on column of warehouses, and similar buildings which are likely to be fully loaded on all floors at the same time. The method used in computing the stresses shall be such that the resultant unit stresses shall not exceed the prescribed unit stresses as computed on the following assump- tions: First, that a plane section normal to the neutral axis remains such during flexure, from which it follows that the deformation in any flber is directly propor- tionate to the distance of that flber from the neutral axis. Second, that the modu- lus of elasticity remains constant within the limits of the working stresses fixed in these regulations and Is as follows: Steel, thirty million pounds per square Inch; burnt clay concrete, one million five hundred thousand pf)unds per square inch. All other concrete, two million pounds per square Inch. Third, that concrete does not take tension, except that In Door slabs, secondary tension Induced by internal shearing stresses may be assumed to exist. Section Two Hundred and Two, unit stresses. The allowable unit stresses under a working load shall not exceed the following: Burnt Clay Concrete — Direct compression, 300 pounds per square inch; cross bending, 400 pounds per square Inch: direct shearing, 150 pounds per square inch; shearing where secondary tension Is allowed, 15 pounds per square Inch. .Ml Other Concretes — Direot compression, .">00 pounds per square Inch: cross bending, 800 pounds per square Inch: direct shearing. 300 pounds per square Incb; shearing where secondary tension Is allowed. 25 pounds per square Inch. 1138 APPKNDIX TO UKVISKD CODE. CHAP. I, ART. IV. nnr.DiNG code. STEEL. Medium steel. Hi.gh elastic limit steel. Tension 14,000 liO.OOO The compression in the steel shall be computed from the corresponding com- pression iu the concrete, except for hooped columns. The bonding .stress between steel and concrete under working load shall not exceed the following for plain steel: For medium steel, iifty pounds per superficial square inch of contract. For high elastic limit steel, thirty pounds superficial square inch of contract. For bars of such shape throughout their length that their efficiency of bond does not depend upon the adhesion of concrete to steel, the allowable bonding stress under worlvin.s; load shall be determined as follows: The bars shall be imbedded not less than six Inches in concrete as herein defined, and the force required to pull out the ijar shall be ascertained. At least five such tests shall be made for each size of bar, and the affidavit report of the test shall be submitted to the Commissioner of Public Buildings, who shall then fix one-fourth of the average stress thus ascertained at failure as the allowable worlcing stress. The unsupported length of a column shall not exceed fifteen times its least lateral dimension. In a column subjected to com- bine direct compression and flexure, the extreme fiber stress resulting from these combined actions shall not exceed the unit stress prescribed for direct compression. All columns shajl have longitudinal steel members so arranged as to malce the column capable of resisting flexure. These longitudinal members shall be stayed against buckling at points whose distance apart does not exceed twenty times the least lateral dimension of the longitudinal member. In no case shall the combined area of cross section of these longitudinal members be less than one per cent of tlie area of the concrete used in proportioning the column, and the stays shall have a minimum cross section of three one-hundredths of a square incii. If a concrete column is liooped with steel near its outer surface either in tlie shape of circular hoops, or of a helical cylinder, and if the minimum distance apart of the hoops or the pitch of the helix does not exceed one-tenth the diameter of the column, tlien the strengtli of such column may be assumed to be the sum of the following three elements: First, the compressive resistance of the concrete when stressed not to exceed five hundred pounds per square inch, for the concrete inclosed by the hoop- ing, the remainder being neglected. Second, the compressive resistance of the longitudinal steel re-enforcement when stress does not exceed allowable working stress for steel in tension. Third, the compression resistance which would have been produced by imaginary longitudinals stressed the same as the actual longi tudinals. the volume of the imaginary longitudinals being taken at two and four- tenths times the volume of the hooping. In computing the volume of the hooping it shall be assumed that the section of the hooping throughout is the samfe as its least section. If the hooping is spliced, the splice shall develop the full strength of the least section of the hooping. The minimum covering of concrete over any portion of the re-enforcing steel shall be as follows: For Hat slabs, not less than one inch: for beams, girders, ribs, etc., not less than one and one-half inches; for columns, not less than two inches. In computing the strength of columns, other than hooped columns, the outside one incli around the entire column shall be neg- lected. For fiat slabs continuous over two or more supports and uni,formly loaded, the bending moment may be taken as W. L. divided by twelve, in which W. equals total loads on the span and L. the center to center distance between supports. Beams continuous over supports shall be re-enforced to take the full negative- bending moment over the supports, but shall be computed as noncontinuous beams. The minimum distance center to center of re-enforcing steel members shall not be less than the maximum diameter or diagonal dimension of cross section plus twit inches. The designing "T" beams the width of floor slab, which may be assumed to act as compression flange of the beam, shall not exceed one-fourth of the span of the beam, but in no case shall it exceed the distance center to center of beams. If it is necessary to splice steel re-enforcing members either in compression or tension, the splice shall be either a steel splice that in tension will develop the full strength of the member, or else the members shall be lapped in the concrete for a length equal to at least the following: For plain bars of medium steel, forty times the diameter or maximum diagonal of cross section. For plain bars of high elastic limit steel, seventy times the diameter or maximum diagonal of cross section. For other than plain bars, the length of lap shall be in inverse ratio to the ratio of the allowed bonding stresses as herein required. In no case, however, shall the steel re-enforcement in a beam or girder be lap spliced. Approved Aiiril 1st. 1907. APl'isNI 'IN ■>■ ■ I 1 \ ic|iiiriiiii'iii. — An oiiliiiiiiirc lo r»'|i>'al Ordinance Xiimbei- 22278. ap- proved Marth .'i. Hmk; [ K. C. sets. L'S'i, 2S7 1. and lo enact a new ordinance in lieu thereof, in relation to the Fire department. Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: Section One. Ordinance Number 22278. approved March .'p. 1900, is hereli.v repealed, and the following new sections are hereby enacted in Hen thereof: to be known as Sections 296 and 298, respectively. fR. C. sees. 285, 2S7.] Section 296. The Fire Department shall consist of a Chief, one First Assist- ant Chief and eleven District Assistants, one Secretary, one Assistant Secretary. as full compensation for their services the sum of Eighty Dollars per month. Watchmen shall receive as full compensation for their services the sum of Eighty Dollars per month, provided, however, that Watchmen shall be selected from disabled men. or others who have served on the departnn-ni, 1( such can be 1140 APPENDIX TO REVISED CODE. CHAP. X-XI. HARBOR AND WHARF — HEALTH DEPARTMENT. found, and as to those appointed Watchmen without such experience the monthly salary shall be Sixty Dollars. Hostlers shall receive as full compensation for their services the sum of Sixty Dollars per mouth. Section Two. This ordinance becomes effective on and after May first. Nine- teen Hundred and Seven. Approved February IS, 1907. CHAPTER X. HARBOR AND WHARF DEPARTMENT. ARTICLE I. REGULATIONS AND OFFENSES. (OKDINANCE 22739.) An ordinance to amend Chapter Ten, Article One, of the Municipal Code, by adding thereto a new section, to be known as Section 372A. [R. C, sec. 366a.] Be it Ordained by the Municipal Assembly of the City of St. Lotiis. as follows: Section One. Chapter Ten, of Article One, of the Municipal Code, is hereby amended by adding thereto a new section to be known as Section Three Hundred and Seventy-two A, as follows: Section Three Hundred and Seventy-two A. Any person who shall steal, take or drive away from any stable, garage or shelter any wagon or automobile or other vehicle not his own property, without the consent or order of the owner thereof, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not less than ten nor more than one hundred dollars. Approved February 5th, 1907. CHAPTER XI. HEALTH DEPARTMENT. ARTICLE III. OF CITY BACTERIOLOGIST. ■ I (ORDINANCE 22810.) Assistants to City Bacteriologist. — An ordinance authorizing the appointment of two laboratory assistants in the office of the City Bacteriologist. [R. C, sec. 475a.] Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: Section One. The Health Commissioner is hereby authorized to appoint, by and with the approval of the Board of Health, two laboratory assistants in the office of the City Bacteriologist. Section Two. The compensation of these laboratory assistants shall be at the rate of Fifty Dollars per month; their duties shall be prescribed by the City Bac- teriologist. Section "three. These laboratory assistants may be suspended by the City Bacteri- ologist for neglect of duty or violation of the rules, and when the City Bacteriolo- gist shall suspend either of said parties he shall report at once the facts to the Health Commissioner, who may take such action as he may deem proper. Section Four. The salaries of the persons provided for in this ordinance are to be paid out of the funds appropriated for "Salaries in the office of the City Bacteriologist." Approved February IS. 1907. APPENDIX TO RBVISEaj CODE. 1141 CHAP. XI. HEALTH DEPARTMENT. SnodKra.s liuhorulory. — An ordinance authorizing the establishment of the SDodgras Laboratory of Pathology and Bacteriology on the property of the City of St. Louis, in City Ulqck Twelve Hundred and Fifty-two, and adjoining the City Hospital, and making appropriations tor the equipment of the same. Be it Ordained by Ihe Municipal Assembly of the City of St. Louis, as follows: Section 1. The building lately erected on the south side of Carroll street in City niock Twelve Hundred and Fifty-two, and connected with the City Hospital, shall be known and designated as the "Snodgras Laboratory of Pathology and Bacteriology," and the City Bacteriologist shall maintain his laboratory and carry on his work In this building. Sec. 2. For the purpose of thoroughly equipping and furnishing the Snodgras Laboratory of Pathology and Bacteriology, there is hereby appropriated and set apart out of Municipal Revenue, for the purchase of Microscopes and Accessory Apparatus. Chemical Apparatus, Instruments, Library and Museum, .\utopsy Room Equipment, Chemicals and Supplies, and Furniture, the sum of fifteen thousand dollars. Sec. 3. All requisitions for purchase for the Snodgras Laboratory of Path- ology and Bacteriology shall be made by the City Bacteriologist and approved by the Health Commissioner. Approved October 2, 1906. ARTICLE XIII. OF DEAD AN1.\I.\LS, OF GARBAGE AND OFFAL. (OIJIHNAN'CE i;_'.-.S(i.) I>j>p(>>ial of Dead .Viiininls. — An ordinance to amend sections 665, [R. C, sec. 670). litiO [R. C. sec. 677], and 673 [R. C sec. 684], of "The Municipal Code of St. Louis," in relation to the disposal of dead animals. Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: Section 1. Sections 66,t [R. C, sec. 676]. 666 [R. C, sec. 677], and 673 [Ft. C. sec. 684], of "The .Municipal Code of St. Louis" are hereby amended by striking out ^aid sections and substituting and inserting in lieu thereof new sections to be known by the same numbers, so that the sections as amended shall read as follows: Sec. 665. It shall be the duty of all agents and employes of the Board of Health or of the Street Department, and of all policemen, to report to the depart- ment having charge or control of the matter any carcass or remains of any dead animal which they may find or of the existence of which within the city limits they may be Informed, as soon as may be. and within three hours after such fact shall come to their knowledge, and such department shall enter such report In a book to be kept for that purpose, and designate therein the locality, as near as the same can be ascertained, where such carcass or remains may be, and also the lime when reported. Sec. 666. The aforesaid book shall at all times be open to the Inspection of the |)ubllc. and any person may report the existence of any carcass or reniaius of dead animals within the city limits to such department having control of the re- moval thereof: or the same may be reported to any policeman, or at any police station to the person In charge thereof, who shall Immediately, or as soon as may be, report the same to the said department In charge or control of the removal thereof, which shall take immediate measures to effectuate such removal. Sec. 673. The carcass of all dead animals lying on the streets, alleys or pub- lic places of St. Louis, or on private premises therein, and not slain for human food, and not removed by the owner or other person entitled thereto within six hoiir.s or daylight lime after the death of such animals, are hereby declared to be nui- sances, and shall be removed and disposed of as hereinafter provided. Approved October 12. If'"': ]142 ai'I'i:ni iix to kkxisf.h code. CHAP. XI. IIEAl.TH DEPARTMKNT. ARTICLK XV. ■ OF REGULATIONS COXCERNINC, MKDICIXE AN'D SURGERY AND MIDWIFERY (OUniXANt'E 2;J<>01.) An ordinance to amend Section Number 738 of Article Fifteen. Chapter Eleven of the Municipal Code of St. Louis [R. C, sec. 715], by striking out the word "forty" in the eighth line of said section and inserting in lieu thereof the word 'Seventy-five." Be it Ordained hy the Miiiiicipal Assembly of the City of St. Louie, as foUoivs: Sec. 1. Section Number 738 of Article Fifteen. Chapter Eleven, of the Mu- nicipal Code of St. Louis, is hereby amended by striking out the word "forty" in the eighth line thereof, and in.serting in lieu thereof the word "seventy-five," so that said Section Number 73S will read as follows: Sec. 73 8. [R. C sec. 715..] — Xiir.scs — Hiile.s of selection of. — All nurses em- ployed by the city may, to the extent that the institution will supply the same, be selected from the pupils of the St. Louis Training School. They shall be paid in monthly installments, the amount now sjiecified by ordinance for corresponding positions. A residence in the city for two years shall not be necessary to entitle one to appointment under this and the next jireceding section. One selected from said institution shall be called superintendent of nurses, and shall be paid seventy- five dollars per month, and the duties of the position shall be defined by rules and regulations prepared by the Health Commissioner and approved by the Board of Health. All appointments under this article shall be made by the Health Commis- sioner and approved by the Board of Health. Approved Aiiril 1. 1907. (ORDIXANCK -22998.) It<'gulation of rrivuto Hospitals, Iiyiii<>-In Institutes, Foundling Establish- ments, etc. — "An ordinance to regulate hospitals, sanitariums, lying-in establish- ments, lock hospital.s, homes, retreats or other places, or institutions intended for the boarding, lodging, nursing or care of the sick, or such persons as are suffering from or afflicted with bodily or mental infirmities or ailments of any kind what- soever, or pregnant women, or institutions for the care of orphans, vagrant or des- titute children, foundling homes, or dispensaries, and prescribing penalties for the violation thereof, and authorizing the Board of Health to make rules and regula- tions in reference thereto." Be it Ordained by the Municipal Assembly of the City of St. Louis, as folloios: Section 1. From and after the passage and approval of this ordinance, no person shall establish, maintain, operate or conduct a hospital, sanitarium, lying-in establishment, lock hospital, home, retreat, or other place or institution intended for the boarding, lodging, nursing or care of the sick or such persons as are suffer- ing from or afflicted with bodily or mental infirmities or ailments of any kind whatsoever, or pregnant women, or any institution for the care of orphans, vagrant or destitute children, a foundling home or a dispensary, within the limits of the City of St. Louis, without first having obtained a permit to do so from the Board ot Health, as in this ordinance provided. The word "person," as used in this ordi- nance, shall include the members of any firm or partnershi|), a corporation, and any or all of the officers, managers or lioard of directors of such corporation. Sec. '2. Any person who may desire to establish, maintain, operate or conduct a hospital, sanitarium, lying-in establishment, lock hospital, home, re- treat, or other place or like or similar institution intended for the boarding. Icdging. nursin.g cr care of the sick or such persons as are suffering from or afflicted with bodily or mental infirmities or ailments of any kind whatsoever, or jjregnant women, or an institution for the care of orphans, vagrant or destitute children, a foundling home or dispensary, in the City of St. Louis, from and after the passage and approval of this ordinance shall first file a written application, addressed to the Board of Health, requesting said lioard to grant to the a|)plicant therein named permission and authority to establish, main- tain, operate and conduct the kind of institution therein described, which ap!)lica- tion shall contain the following information: First, the name or names of any AI'IM;.\I>I.\ T(i ukviskk <'(>i>i:. im;; ensary, in the City of St. Louis, after the passage and approval of this ordinance without first having obtained a permit from the Hoard of Health so to do; or any lierson who shall continue to maintain, operate or conduct any such Institution or place after the Hoard of Health shall have revoked the permit so to do previously Issued lo such person; or any person to whom a permit shall have been Issued to ►•stablish, maintain, operate or conduct any such Institution, who shall transfer 1144 APPENDIX ,TO REVISED CODE. CHAP. XI. HEALTH DEPARTMENT. such permit without first obtaining the approval of the Board of Health in writing therefor; or who shall allow any room in the cellar or basement of such institu- tion to be occupied by a greater number of persons than will afford less than four hundred cubic feet of air to each adult and two hundred cubic feet of air to each child under twelve years of age occupying such room; or who shall permit any ac- cumulation of dirt, filth or garbage in or about the buildings or premises of such institution, or who shall permit any person to practice medicine, surgery, or mid- wifery in such institution who is not authorized by the laws of the State of Missouri so to practice; or who shall establish, maintain, operate or conduct any institution named in this ordinance under any ofher name or at any other place than as stated in the application for a permit to establish, maintain, operate or conduct such in- stitution, without the consent and approval of the Board of Health in writing there- for; or who shall fail to immediately notify the Health Commissioner of any change in the medical staff, resident physician, superintendent, matron or midwives of any such institution; or who shall establish, maintain, operate or conduct a hospital, sanitarium, lying-in establishment, loci? hospital, home, retreat or other place or like or similar institutions intended for the boarding, lodging, nursing or care of the sick or such persons as are suffering from or afflicted with bodily or mental infirmities or ailments of any kind whatsoever, or pregnant women, within the limits of the City of St. Louis, and shall fail to keep a physician, licensed to prac- tice medicine and surgery in the State of Missouri, and who is actually engaged in the practice of medicine and surgery, resident therein, shall be deemed guilty of a violation of this ordinance. Sec. 7. Any person who shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than fifty dollars nor more than five hundred dollars. Sec. 8. The Board of Health is hereby authorized to make from time to time such rules and regulations in respect to the management and conduct of any insti- tution described in this ordinance and for the care and treatment of the patients or inmates thereof, as said board may deem wise. Sec, 9. For any violation of any of the provisions of this ordinance or for any violation of the laws of the State of Missouri, or the ordinances of the City of St. Louis, or for any violation of any of the rules and regulations which may be prescribed from time to time by the Board of Health for the conduct or manage- ment of any of the institutions herein named, the Board of Health shall have the right to revoke any permit theretofore granted by it. provided said board shall issue a notice to the person named in such permit, advising him of the time and place of the Board's actions thereon and the grounds therefor. Said notice shall be served at least ten days prior to the hearing thereon, either by delivering a copy thereof to the person therein named or by leaving a copy of such notice at the in- stitution named in the permit which the board intends to investigate. Sec. 10. Every person who is maintaining, operating or conducting a hos- pital, sanitarium, lying-in establishment, lock hospital, home, retreat, or other place, or like or similar institution, intended for the boarding, lodging, nursing or care of the sick or such persons as are suffering from or afflicted with bodily or mental infirmities or ailments of any kind whatsoever, or pregnant womt^n. or an institution for the care of orphans, vagrant or destitute children, a foundling home or a dispensary, in the City of St. Louis shall, within sixty days after the passage and approval of this ordinance, secure a permit from the Board of Health in ac- cordance with the provisions of this ordinance, to maintain, operate and conduct sucli institution or place. Approved April 1st, 1907. ARTICLE XVL OI<' CITY HOSPITAL. (ORDINANCE 22035.) Nurses at City HospifaL — An ordinance authorizing the appointment of eight additional nurses at the City HospitaL Be it Ordained by the Municipal Assembly of the City of St. Louie, as follows: Sec. 1. The Health Commissioner, with the approval of the Board of Health, may appoint for service in the City Hospital, under the superintendent of City Hospital and the superintendent of nurses, one assistant superintendent of nurses, one surgical operating nurse, three night supervising nurses and three day super- .\i-1'i;miix ti> HKvisKi" I'oDi-;. Ij45 CHAIV XII. OF HICHWAVS. vising nurses, each of whom shall be graduated trained uiirsos, and shall be paid fifty dollars per month, and shall perform duties which shall be dellned by the rules and regulations prepared by the Health Commissioner and approved by the Board of Health; the said salaries to be paid out of the funds appropriated for salaries in the Health Department. — (a) Approved March 27, 1907. (a) See note to sec. 715 of Revised Code. CHAPTKK .\ll. OF HIGHWAYS. ARTICLE II. CONSTRUCTION AND PKKVKNTING OHSTRICTIONS. (OKIilN.WCl-: l.*-_'KK.-.. ) Temptirnry Occupation of Streets, etc. — An ordinance to amend the third para- graph of Section .Number 92.t of the .Municipal Code of St. Louis, as amended by Ordinance .Number :;Ki94 [R. C, sec. 928], In relation to the occupancy of streets and sidewalks with building materials. Hf it Ordained by the Muniiipal Assembli/ of the City of St. Louis, as follows: Section 1. Section 925 of the Municipal Code of St. Louis, as amended by Ordinance Number 21394. is hereby amended by striking out said section and sub- stituting and Inserting a new section. In lieu thereof, to be known by the same num- ber, so that said section, as amended, shall read as follows: Sec. 925. [R. C, sec. 928.] Any person, firm or corporation, desiring to temporarily occupy any portion of any public street, alley or sidewalk, for the pur- pose of placing thereon materials or rubbish, from building operations or for exca- vation for any area under a sidewalk, or for any puri)ose whatever in connection with the erection, removal, alteration or repair of any building or other structure, shall apply to the Street Commissioner for a permit for the temporary occupation aforesaid, and it shall be unlawful to occupy or obstruct any street, alley or side- walk as aforesaid without a permit from the Street Commissioner, which permit shall only be issued by the Street Commissioner, upon the presentation of a build- ing permit from the Commissioner of Public Buildings, authorizing the work which is to be done, and the City Treasurer's receipt that the applicant has deposited with the City Treasurer the sum of fifty dollars, without regard to the number of per- mits, as a special fund, to be used by the Street Commissioner, to defray expenses by reason of a failure of the person, Urm or corporation to whom the permit may be issued, to keep said streets, alleys and sidewalks adjacent to the premises whereon said building operations are carried on, in a clean and orderly condition during the time for which permission for said temporary occupation Is asked; and it is hereby made the duly of any person, firm or cor|)oratlon carrying on any building opera- tions to keep the streets, alleys and sidewalks adjoining the premises whereon said operations are conducted, in a clean and orderly condition during such operations, and at the expiration of the time stipulated in said permit, which shall not exceed the lime stipulated In the building permit, or whenever ordered by the Street Com- missioner, the person, firm or corporation to whom the permit may be Issued, shall remove ail materials and rubbish from the streets, alleys and sidewalks adjoining said premises and shall leave the same in a clean and orderly condition. The Street Commissioner Is hereby authorized to clean the streets, alleys or sidewalks adjoin- ing any premises whereon building operations are being carried on. whenever the same may be found in an unclean or disorderly condition, and he shall remove or repile any building materials or rubbish or obstructions which may be found out- side of the spaces authorized by his permit to be occupied thereby, or within, four feet of any Ore plug or electric conduit manhole, and he shall Issue a voucher for the payment of the cost of such cleaning or removal, which shall be charged against and paid from the deposit hereinbefore provided. Whenever the whole or part of said deposit shall have been expended for the purpose herein described, the Street Commissioner shall notify said person, flrra or corporation to whom the permit may be issued to pay so much money Into the City Treasurer as will bring the deposit again up to the amount hereinbefore re- 1145 APPENDIX TO UKVISED CODE. CHAP. XII, AUT II HIGHWAYS. quired, and in the event of the failure of said depositor to deposit such additional sum, said Street Commissioner shall revoke said permit, and it shall be unlawful to occupy any of the aforesaid streets, alleys or sidewalks with materials, dirt or rubbish after the revocation of said permit or to neglect or refuse to remove all materials, dirt and rubbish from said streets, alleys and sidewalks after having been notified so to do by the Street Commissioner. The extent of occupation of such street, alley or sidewalk, or part thereof for which a permit may be granted by said Street Commissioner shall be as follows: Said permit shall not authorize the occupation of any sidewalk, street or alley, or part thereof other than that immediately in front of or in the rear of the prem- ises of the building upon which said permit is issued. During the progress of building operations at least one-third of the sidewalk in front of the premises of the building for which such permit is granted shall be at all times kept free and unob- structed for the purpose of passage and clear of rubbish, dirt and snow. Such sidewalks must, if there are excavations on either side of same, be protected by substantial railings, which shall be built and maintained thereon so long as such excavations continue to exist, it is not Intended hereby to prohibit the maintenance of a driveway for the delivery of material across such sidewalk from the curb line to the building side. It shall be permitted for the purpose of delivering materials to the basement of the buildings, to elevate such temporary sidewalks to a height not exceeding four feet above the curb level of the street, and where excavations are made under or across any sidewalk, the Street Commissioner is hereby author- ized to require such elevated temporary sidewalks to be erected, so as to afford safis and convenient passage, and such elevated sidewalks shall be provided with good, substantial steps on both ends of the same, and shall have railings, as before specified, on both sides thereof. If the building to be erected is more than four stories in height, and is set at or near the street line, there shall be built over such sidewalk a roof, having a framework and covering, composed of supports and stringers of three by twelve timbers, not more than eight feet from centers, covered by two layers of two-inch plank. Said roof shall be maintained as long as material is being used or handled on said street front and above the level of such sidewalk. In all such cases such temporary sidewalks and their railings and apiiroaches and the roofs over the same shall be made, as regards ease of approach, strength and safety, to the satisfaction of the Street Commissioner. The occupation of the street for the storage of building materials shall never exceed, in front of any one build- ing, one-quarter of the width of the roadway of the same, and in the streets con- taining railroad tracks such occupation shall not exceed one-half the distance from the curbstone to such railroad tracks. The occupation of any public alley, as aforesaid, shall not exceed one-half of the width of the same. Brick, asphalt and bituminous macadam paving shall be protected with wood covering, composed of one-inch plank before any material is placed on it. Earth taken from excavations and rubbish taken from buildings must not be stored upon sidewalk or roadway of streets or alleys, and must be removed from day to day as rapidly as produced. Where dry rubbish, apt to proauce dust, is being handled, it must be kept wetted down, so as to prevent it being blown about by the wind. For all buildings more than four stories in height the use of derricks set upon the sidewalks is prohibited. Materials for such buildings shall be hoisted entirely within the iuclosing walls of the same. The permission to occupy streets and sidewalks for purposes of building is intended only for use in connection with the actual erection, repair, alteration or removal of buildings, and must terminate with the completion of such operation, ft shall be unlawful to occupy any sidewalk or alley after the expiration of the time for which a permit has been issued by the Street Commissioner. It shall also be unlawful to occupy sidewalk, street or alley under authority of such permit for the storage of articles not intended for immediate use in connection with the opera- tions for which such permit has been issued. Red lanterns shall be displayed and maintained during the whole of every night at each end of every i)ile of material in any street or alley, and at each end of every excavation. It is provided that if the written consent and a waiver of claims for damages against the City of St. Louis of the owners of the property abutting upon the site of the proposed building is first obtained and filed with the Street Commissioner, the permission to occup> the roadway may be extended beyond the limits of such building, upon the same terms and conditions as those herein fixed for the streets in front of the building sites themselves. Whenever any person who has a deposit with the City Treasurer for the pur- pose of taking out permits, as herein described, desires to withdraw said deposit, he shall notify the Street Commissioner, who thereupon shall certify to the Presi- dent of the Board of Public Improvements a voucher for the unexpended balance of said deposit; provided, that all streets, alleys or sidewalks have cleaned, as Arpi:xi>ix Til HKVISEH codk. 1^7 CliAl' Xn, AKT Vm. IMlillUAVS. requlrod by this section, to the satisfaction of ttip Street Commissioner. Tlie Presi- dent of tile Hoard of Public- Improvements sliall certify said voiiclior to the Auditor who tliereupon shail draw his warrant upon the City Treasurer in favor of said person for said amount standing to the credit of the special fund credited by the payments herein provided, and shall take liis receipt In full of all claims against the city on account of said payments. Approved .March iSth. 1907. ARTICLE VIII. OK CITY LIGHTING AND LIGHTING IM.ANTS. {Or.DIXANCi: U2HTS. ) Contracts fm- Kicctric Li-ililiii^ of Public l{uiIUin;;s. -An ordinance authoriz- ing and directing the Board of Public Improvements to let contracts for furnishing electricity to be used in lighting designated public buildings and designating the fund oul of wlilcb the cost thereof shall be paid, and repealing Ordinance 19914, approved January IG. 1900. lie il Ordained hy the Municipal Asse'itbly of tlic Vity uf Nf. Louis, as folloirs: Section 1. The Board of Public Improvements is hereby authorized and di- rected to let contracts for the furnishing of electricity, in accordance with specifi- cations on file in the office of the President of the Board of Public Improvements, to be used in lighting the public buildings of the City of St. Louis, to-wit: All fire engine houses, police stations, courthouse, old city hall building while occupied and used by the city, city hospital and buildings on city hospital grounds, insane asylum and buildings ou insane asylum grounds, female hospital and buildings on female hospital grounds, poorhouse and buildings on poorhouse grounds. Kour t'ourts and buildings on same block, new city hall, city buildings Number Twenty-three Hun- dred Twenty-two Clark avenue and city buildings cjii same lot: Forest Park build- ings, including Lindeli Pavilion, park department stables and observatory; water department buildings, including puni|)lng engine houses, boiler houses, coal houses, gate houses, machine shops, blacksmith shops, warehouses and office buildings at Chain of Rocks, Bissell's Point, Baden, Compton Hill Reservoir grounds and plpo yard at Taylor avenue and Duncan avenue. Union Market and Souiard Market. Street Department buildings at Number Twenty-seven Hundred Thirty-two Arsenal street. Number Nineteen Hundred and Eleven Wash street, and Number Thirty- seven Hundred Kour .North Grand avenue, while occupied and used by the city; Health Department buildings Number Thirty-five Hundred SLxty-four South Broad- way and Thirty-six Hundred Eighteen North Broadway, while occupied and used by the city; temporary city hospital and buildings, on temjiorary city hospital grounds, while occu|iied and used by the city; Harbor and Wharf Commissioner's Office on the Levee, workhouse, industrial school and attached buildings. Sec. 2. Contracts let under authority of this ordinance shall be for a term of years beginning September first. .Nineteen Hundred and Seven, and terminating .Vugust Thirty-first. Nineteen Ihindred and Ten. Sec. 3. The lighting herein authorized shall be executed under separate contracts for lighting the designated public buildings in the following districts, namely: District Number One. bounded by the western and northern city limits. the Mississippi river and the south line of Washington avenue, produced to the western city limits. District Number Two. bounded by the southern and western <-lty limits, the south line of Washington avenue and the same produced to the western city limits and the .Mississippi river. Sec. •!. The unit of measurement for the electricity furnished for the light- ing of the public buildings herein authorized shall be one thousand watt-hours — a watt-hour Is hereby defined to be the expenditure of one watt of electric power for one hour — and the current shall be turnislied at the main branch block In the buildings designated at one hundred ten volts. Sec. 5. The amount of the bond required under all contracts let under this ordinance shall be the full estimated amount In be paid for the lighting during a period of one year. Sec. 6. The cost of the lighting herein authorized shall be paid by the City of St. Louis out of the fund annually appropriated for lighting public buildings by general appropriation from Municipal Revenue. Sec. 7. Ordinance 1991 I Is hereby reix-iiled. Approved .March i:'.. 1907. 1148 APPENDIX TO REVISED CODE. CHAP. XIII. " JUDICIAL DEPARTMENT. CHAPTER XIII. JUDICIAL DEPARTMENT. ARTICLE VIII. jrVE.N'ILE COURT AND OFFICER.S. (OKDIXANCE 22540.) Sec. 1. Building in Connection «ith Juvenile Court — Detention of Juveniles — Superintendent, Matron, etc., Apjjointed — Duties — Salary — Bond — Hequisitions — An ordinance to provide for the renting or leasing of a building near the City Hall and Four Courts for a house of detention of juveniles in connection with the oper- ation of the Juvenile Court. Be it Ordained by the Municipal Assembly of the City of St. Louis, as folloivs: Section 1. The Mayor and Comptroller are hereby authorized and directed to rent or lease a building in the vicinity of the City Hall or Four Courts, but outside the inclosures of any jail or police station, suitable for the detention of juveniles in connection with the operation of the Juvenile Court, at a rental not to exceed one hundred dollars per. month, and for a term not to exceed five years: but said lease may be renewed, or other place rented for the purpose, from time to time, hereunder, and the building shall be known and designated the House of Detention, and said building may be altered, repaired and suitably equipped for its purpose at an outlay not to exceed three thousand dollars. Sec. 2. When the building is obtained and its management begun hereunder, all juveniles to be committed to the care of the Sheriff, police officer or probation officer, or otherwise temporarily detained, as provided for in the act establishing Juvenile Courts, approved March twenty-third, nineteen hundred and three, may be sent to and detained at the place hereby provided for: and the detention and treatment of juveniles at such place of detention shall be subject to the control and direction of the Juvenile Court, or the Judge thereof in vacation. Sec. 3. The Judge of the Juvenile Court is authorized to appoint and re- move, from time to time, a superintendent and a matron, as assistant, to have possession, management and control of said House of Detention, subject hereto: and it shall be the duty of the superintendent and matron, respectively, to control and to have the inmates suitably and sufficiently nourished and housed and kept in cleanly and healthful state as possible, and provided with instruction and recre- ation, the inmates of different sexes being taught and kept in separate quarters. The superintendent shall give bond to the City of St. Louis in the sum of onq thousand dollars, and the matron in the sum of five hundred dollars, for the faith- ful discharge of their duties, respectively. Sec. 4. There shall be paid to the superintendent a salary of sixty dollars per month, and to the matron a salary of thirty-five dollars i)er month, and a cook may be employed at a salary of twenty dollars per month: and there may be also employed by the matron, subject to the approval of the Comptroller, help from time to time, as may be found necessary, at wages for each employe not to exceed one dollar and twenty-five cents a day. Sec. 5. The superintendent shall submit at the end of each month to the Comptroller a detailed requisition for necessary articles and supplies for the House of Detention for the succeeding month, and when approved by the Comp- troller the requisitions shall be filed in the office of the Commissioner of Supplies, and the articles required duly supplied and delivered and the superintendent shall keep a full and complete account of the receipts, expenditures and disposi- tion of all property coming into his possession. Sec. 6. There is hereby appropriated and set apart oul of municipal revenue the sum of three thousand dollars for repairs, alterations and suitable equipment, as above provided, and the further sum of six thousand dollars for the rent and maintenance of said House of Detention. Approved July 12, 1900. APPENDIX TO HKVISED CODE. 11411 CHAP. XIV. CITY COUNSELOR. CHAPTER XIV. LAW DKPARTMKNT. ARTICLE IL OF CITY COrNSKI.OK. (OKIMN WCK •J:{0:{H.) An ordinance to amend Sections 1282. 128,'>. 128r.. 12!»o, 12iM and 129i"> of the Mu- nicipal Code of St. Louis in relation to the I.,aw lJe|)artnient. as amended by Ordi- nance 20757. approved July 2. 1902. and entitled "An ordinance to amend Sec- tions 12S2. 128;"), 12SB. 1290. 1291 and 1296 of the Municipal Code of St. Louis in relation to the Law Department:" and to amend Sections 1277. 1280. 1292 and 1297 of the .Municipal Code of St. Louis in relation to the Law Pepartment. by striking out the same and enacting new sections In lieu thereof, lie it ordained by the .Municipal Assembly of the City of St. Louis [R. C, sees. 1352. 1355. 1357, 1360, 1361. 1365, 1366, 1367. 1371. 1372], as follows: Section 1. Sections 1282. 1285. 1286, 1290, 1291 and 1296 of the Municipal Code oi St. Louis, as amended by Ordinance 20757, approved July 2, 1902, and entitled "An ordinance to amend Sections 1282, 1285, 1286, 1290, 1291 and 1296 of the Municipal Code of St. Louis in relation to the Law Department," and Sections 1277, 1280. 1292 and 1297 of the Municipal Code of St. Louis relating to the Law De- partment, are hereby amended by striking out the same and inserting in lieu thereof the following: Section 1282: In addition to the quallflcatlons prescribed by Section Ten of Article Four of the Charier, the .\ssoclate City Counselor shall have been licensed to practice law In the courts of this State at least eight years previous to his appointment; the Second Associate City Counselor shall have been licensed to practice law in the courts of this State at least six years previous to his appointment: and the Assistant City Counselor shall have been licensed to practice law In the courts of this State at least five years previous to his appointment. Sec- tion 1285: The City Counselor shall, with the approval of the Mayor, appoint a Chief Clerk, four Clerks and two Stenographers, who shall hold their respective offices at the pleasure of the City Counselor. Section 1286: In addition to the qualifications prescribed by Section Ten of .Article Four of the Charter, the Clerks and the Stenographers shall be qualified voters of the City. Section 1290: The Assistant City Counselor shall receive a salary of Twenty-five Hundred Dollars per annum, payable monthly. Section 1291: The Chief Clerk shall receive a salary of One Hundred and Fifty Dollars per month; each of the clerks shall receive a sal- ary of One Hundred Dollars per month and Twenty-five Dollars i)er month for ex- penses in the discharge of duties that may be assigned to him. and said salary and expens" money shall be paid monthly. Section 1292: Kach of the Stenographers shall receive a salary of One Hundred Dollars per month, payable monthly. Sec- tion 1296: It shall be the duty of the Chief Clerk and of the Clerks to keep a rec- ord of all cases pending in any of the courts, showing the proceedings therein, both In court and before commissioners, write the reports in condemnallon and change of grade proceedings, prepare the final judgments therein, make investi- gation of facts and collect evidence in cases In which the city Is a party, make preparation thereof for trial, kee]) suitable indexes, prepare the oaths of commis- sioners In street opening proceedings, keep a record of the attendance of such commissioners, read proof on printed briefs, advertisements of benefit districts In street opening proceedings and other necessary printed matter, answer inquiries of members of the Municipal .Assembly and of other Interested parties respecting the prof^ress of street openings, procure the investigation of titles and the prepara- tion of suitable piats and blue prints In street opening proceedings, keei) a ledger of moneys appropriated for the department and vouchered out. and any other necessary accounts, prepare daily lists of the court entries applicable to any pend- ing litigation In which the City of St. Louis or any of Its officials Is Intf-rested, make lists of assignments and settings of cases, make preliminary examinations of all bonds and contracts which are to be submitted to the . Quallticalions of licensees.- etc. X'pon satisfactory proof of the qualifi- cations and fitness of the applicant for plumbing license, the Hoard of Kxaminers of Plumbers shall thereupon issue to such applicant a certificate of (lualitlcation, which shall entitle the person named therein to engage in or work at the business of plumbing, as master or employing i)lumber or journeyman plumber, for the period of one year. No iierson shall be entitled to obtain from said board a certlDcate of qualltlcation as master or employing plumber or as journeyman plumber, except as In this ordinance otherwise provided, who shall not have first jias.sed a satisfactor.v examination before said board as to his knowledge, experience and skill of practical plumbing, house-draining and plumbing ventilation. Sec. 6. Plumbers required to register. No person, firm or corporation shall engage in or work at the business of plumbing in the City of St. Louis without first registering his name, place of business and residence with the Secretary of the Hoard of Kxaminers of Plumbers. Kvery such person, firm or corporation so regis- tered shall notify the Su|)ervisor of Plumbing of any changes in his residence or place of business within ten days after the same shall have been made. Sec. 7. Plumbers licensed by other cities In this state. Whenever any person, firm or corporation shall have obtained a license as master or employing plumber or as a journeyman plumber from the Hoard of Kxaminers of Plumbers of any other city within this state, and desiring to engage in the business of |ilumblng in the City of St. Louis, upon presentation of such license the Hoard of Kxaminers of Plumbers shall Issue such person, firm or corporation a certificate authorizing the holder thereof to engage In or work at the business of plumbing In the City of St. Louis. Sec. 8. Kxamlnatiou fee. The examination fee for license as master or em- ploying plumber or as journeyman plumber shall be One Dollar, which fee shall be paid to the secretary of said board, when the applicant for a license files his application for examination. -Ml fees so paid to the secretary shall be paid t»y him to the Treasurer of the City of St. Louis. Kach license issued by said board Bhall be renewed annually upon the payment to the secretary of said board of it fee of One Dollar. H52 APPENDIX TO REVISED CODE. CHAP. XXII. PLUMBING. Sec. 9. Power to revoke license. The board shall have power to revoke any license issued by it upon satisfactory proof that the holder of said license has violated any of the provisions of this ordinance, relating to the examination of plumbers, or for the violation of any rule of said board, adopted for the purpose of carrying out the provisions of this ordinance, or for the willful violation of any of the ordinances relating to plumbing, and if any such license shall be revoked^ the same shall not be reissued within three months thereafter. Sec. 10. Penalty for violating ordinances. Any person, firm or corporation or the agent or officer of any such person, firm or corporation, who shall engage in or work at the business of plumbing in the City of St. Louis, except apprentices working for duly licensed plumbers, without first having been duly licensed as required by the provisions of this ordinance, shall be deemed guilty of a misde- meanor, and, upon conviction thereof, shall be fined not less than Ten Dollars nor more than One Hundred Dollars for each offense. Sec. 11. Section 16S9 amended. Section 1689 of Chapter Twenty-two of the Municipal Code is hereby amended by striking out of the fourth line thereof the words "plumbing or" and by striking out of the sixth line thereof the words "plumbing or," so that said section, when amended, shall read as follows: "Section 16S9. Drain-layers to be registered. Said Board of Public Improvements is hereby au- thorized and directed to register, in a book kept for that purpose, the full name, residence and place of business of all persons, firms or corporations who may de- sire to engage in the business or trade of drain-laying in the city either as master or workmen, and to issue to such parties as are found competent certificates of authority to do drain-laying connected or to be connected, with the water supply or drainage system of the city; provided such persons, firm or corporations shall have fully complied with the conditions prescribed in this chapter." Sec. 12. Section 1697 amended. Section 1697 of Chapter Twenty-two of the Municipal Code is hereby amended by striking from the second line thereof the word "plumber" and by striking from the third line thereof the words "practical plumber," and by striking out of the lines four and five of said section the words "and to show such certificate to any inspector of plumbing or policeman on de- mand," and inserting in lieu thereof the following words: "And it shall be the duty of every person employed or working at the trade or business of plumbing, drain-laying or sewer-building to show on demand his license or certificate to en- gage in such work to any inspector of plumbing or policeman," so that said section, as amended, shall read as follows: Section 1697. Drain-layers and sewer-builders. Certificates. It shall be the duty of every person employed or work- ing at the trade or avocation of drain-layer or sewer-builder to secure a certificate [of] registration as drain-layer or sewer-builder from the Supervisor of Plumbing, and it shall be the duty of every person employed or working at the trade or business of plumbing, drain-laying or sewer-building to show on de- mand his license or certificate to engage in such work to any inspector of plumb- ing or policeman. The certificate shall specify the kind of work the person to whom it is given is authorized to do. Said certificate shall be given without charge for one year from the date thereof to all persons who furnish satisfactory evidence of their skill and experience in the kind of work the applicant desires to do. Persons to whom a certificate is refused shall have the right to appeal to the Board of Public Improvements, and in prosecuting such appeal to present oral and documentary evidence of fitness. The Board of Public Improvements may, after notice and opportunity to be heard, suspend any certificate for a definite period or cancel the same, if the party is found guilty of violating the ordinance or rules and regulations duly established, or is shown to be negligent, unskillful or unfaithful in his work, or to be a person unfit or unworthy of being trusted or employed in the work of plumbing or drain-laying. Work done by any uncertified workman, or one whose certificate has expired, been suspended or canceled, shall not be inspected and accepted. Inspectors and policemen are authorized to take up and return to the Supervisor of Plumbing any certificate found in the posses- sion of persons other than he to whom it was issued, and inspectors shall mark certificates as expired, suspended or canceled, when directed by the Supervisor of Plumbing so to do. Sec. 13. Appeals. First. Whenever any person shall be aggrieved by any finding or decision of the Board of Examiners of Plumbers, such person may ap- peal from such finding or decision to the Board of Plublic Improvements. Second. No such appeal shall be allowed by the Board of Public Improvements unless the appellant shall first deposit with the clerk of the Board of Examiners of Plumbers the sum of Ten Dollars, as costs of such appeal, to be taxed as hereinafter pro- APPKNDIX TO KKVISED CODK. ] I53 CHAIV XXIIA. PUBLIC RECREATION. vided. and shall, within ten days after the finding or decision of the Hoard of Examiners of Plumbers appealed from shall have been made, file with salil Hoard of Public Improvomonts his iit'tltlon statliiK wherein he had been prejudiced or aggrieved by the finding or decision of said Hoard of Examiners of Plumbers. If the appellant shall prevail on appeal, his deposit of costs shall be returned to him by the clerk of the Hoard of F].\amlners of Plumbers. Third. Whenever any person shall have compiled with the provisions of Clause Two of this section it shall be the duty of the Hoard of Public Improvements, within twenty days there- after, to examine Into and determine said appeal, and If said board bo of the opinion that a correct determination of appellant's complaint can not be had without the aid or advice of the Hoard of Examiners of Plumbers, they shall call said Hoard of Examiners of Plumbers before them to aid them in determlninj? said appeal, and said Hoard of Examiners of Plumbers, when notified that their aid and advice are required by the Hoard of Public Improvements, shall appear before snUl board and assist In the determination of said appeal. Fourth. The Board of Public Improvements shall certify to the Hoard of Examiners of Plumb- ers the result of its determination of all appeals, and when so certified the same shall be spread upon the records of the Hoard of Examiners of Plumbers, and said board shall be governed by and forthwith make all necessary orders to give full force and effect to the decision of said Board of Public Improvements. Approved April 1. 1907. CHAPTER XXII-A. PfBLIC BATHS AND PLAY-GROl'NDS — PUBLIC RECREATION COM- MISSIONER. (OHDIX.WCE 22H«».) Public Uecroalion Commission. — An ordinance to provide for the manage- ment, direction and care of all public play grounds, public baths and public recre- ation buildings, and to provide a commission for that purpose to be known as the public recreation commission. Be it Ordained hy the Municipal Assembly of the City of St. Louis, as follows: Section 1. The management, direction and care of all public play grounds, public baths and public recreation buildings now existing, or hereafter established or erected. In the City of St. Louis, shall be vested In a comiulssion of five mem- bers. The Park Commissioner of the City of St. Louis shall be. ex-officlo. a member of and the chairman of said Commission. The four remaining members of the Commission shall be citizens and residents of the City of St. Louis, and shall serve without compensation, and shall be appointed as follows: Within thirty days after the approval of this ordinance the Mayor shall appoint four Com- missioners as aforesaid, one to serve until December thirty-first, nineteen hundred and seven; one to ser%-e until December thirty-first, nineteen hundred and eight; one to serve until December thirty-first, nineteen hundred and nine, and one until December thirty-first, nineteen hundred and ten. and on the expiration of the above term of offices, the .Mayor shall make appointments to fill vacancies as they occur, and the Commissioners so appointed shall serve for a term of four years. The members of the said commission shall elect one of their number to act as Vice Chairman. The commission so constituted shall be designated and known as the Public Recreation Commission. Sec. 2. The Commission may appoint, by and with the approval of the Mayor, the following officers and employes; First. A Secretary, who shall act as Secretary of said Commission and as General Superintendent of the work of the Public Recreation Commission, at a compensation not to exceed One Hundred and Fifty Dollars per month. Second. A General Director of Athletics, at a salary not to exceed One Hundred Dollars per month. Said General Director of Athletics shall be a qualified voter of the City of St. Louis and shall have been a resident of said city at least two years next preceding his appointment. Third. A Clerk, at a salary not to exceed Seventy-five dollars per month. Fourth. A Director for each play ground or recreation building at a salary not to exceed Seventy-five Dollars per month. Fifth. Instructors for iday grounds or recrea- tion buildings or baths, who. when working half days, shall receive salaries not exceeding Forty-five Dollars per month. Working whole days, salaries not ex- ceeding Seventy-five Dollars per month. Sixth. Janitors, custodians and matrons 2154 APPENDIX TO REVISED CODE. CHAP. XXIIA. PUBLIC RECREATION. of play grounds, baths or buildings, who shall receive salaries not exceeding Sixty Dollars per month. Seventh. In addition to the officers anfl employes herein specified, the Public Recreation Commission may employ such teams, carts, en- gineers, mechanics, laborers and other employes as may be required for the work of the Commission. The Public Recreation Commission shall have power to make all needful rules and regulations relating to the conduct and use of said play grounds, baths and recreation buildings. All payrolls and requisitions for sup- plies or repairs for said play grounds, baths and recreation buildings shall be signed by the Chairman and Vice Chairman of the Public Recreation Commission. Sec. 3. As soon as the Public Recreation Commission shall have been ap- pointed and organized, the Public Baths Commission shall turn over 'to it the management of the public play ground known as the -Vlullanphy Play Ground, situated at the southwest corner of Tenth and Mullanphy streets, heretofore con- ducted and operated by said Public Baths Commission under authority of Ordi- iiance Number 21541. approved .August 19, 1904, and thereupon said Public Baths Commission shall be relieved and discharged from the duties imposed upon it by said ordinance above mentioned. And the Park Commission of the City of St. Louis shall turn over to the Public Recreation Commission the Model Play Ground and Nursery heretofore conducted and operated under authority of Ordinance ■Vumber 21796. and thereupon the Park Commissioner shall be discharged ffom the duties imposed upon him under said ordinance. Approved March 11th, 1907. CHAPTER XXIII. PUBLIC CARRIERS AND LICENSING Oi<" VEHICLES. ARTICLE II. RATES OF LICENSES. (OHDIXAXCE 22899.) An ordinance to amend Article Two of Chapter Twenty-three of the Municipal Code (in relation to rates of licenses and regulation for vehicles), by striking out Sections 1710 [R. C, sec. 1814], 1714 [R. C, stc. 181S], 1718 (as amended by Ordinance Number 22673) [R. C see. 1822], and 1726 \'R. C, sec. 1830], and by substituting and inserting in lieu thereof new sections bearing the same num- bers; and also by adding a new section to be known as Section 1739A. Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: Section 1. Article Two of Chapter Twenty-three of the Municipal Code is hereby amended by striking out Sections 1710, 1714 and 17 IS (as amended by Ordinance Number 22673) and 1726, and by substituting and inserting in lieu thereof new sections, bearing the same numbers, as follows: Sec. 1710. [R. C, sec. 1814] K«'sist('red Xiiiiiber, How Kept — Poiialtits. — There shall be placed and kept conspicuously to view on every vehicle mentioned in this article, the registered number of such vehicle, so that the same can easily be read from the sidewalk. Such numbers shall be in plain, distinct and legible figures, each plate to be not less than one, two or three inches in width, and placed on each vehicle in the following manner: On drays and carts, the number shall be cast on metallic plates and placed on the outer side of the right shaft three inches in front of the body or bed of the cart or the dray; on wagons, the number shall be cast on metallic plates, and placed on the hind axle, or, where a body is used on such wagons, said numbers shall be placed on the right outer side thereof; on baggage wagons and furniture cars, the number shall be cast or painted on metallic plates and placed on the right outer side of the body; on hackney car- riages and cabs that occupy stands, the number sha'll be painted on the outer glass of the lamps in red color not less than two inches in length, and on omni- buses, the number shall be placed on some conspicuous place on the right outer side of the body thereof, so that it can be easily read from the sidewalk; and on private carriages, barouches and buggies, and on vehicles kept by livery stables tor private orders, the numbers shall be cast or painted on neat metallic plates and placed upon said vehicles upon the spring bar or foot board or rear end of said vehicles, or owners of vehicles so desiring it may place the number plate on the outer side of the trace of the off horse, not more than ten inches from the collar of the horse, the same to be kept conspicuously to view. Painting or cover- APl'KNKIX TO RKVISKO CODE. j]55 rilAlV XXIIl UCKNSKS. lug over the plates, or pliuliiK the plate upon any other vehicle than the one for which the same was issued, except as hereinafter provided, will be deemed a mis- demeanor, and upon conviction the owner of the vehicle shall be Oned as provided in Section Seventeen Hundred and Twenty-seven. A copy of this section shall be furnished by the license commissioner to each and every iierson taking out n license under the provisions of this article; provided, any person or persons who shall be the owner or owners of more than one vehicle belonging to c-ither class aforesaid and who shall use but one of said vehicles at any one time upon the streets of the city, and who shall have compiled with the provisions oi this article, and in accordance therewith paid his license under said classification, shall be penuitttd tn place the number of said license upon tlie liarness of the horse or horses intended to be used in connection with said vehicle, and a registered num- ber of a hiijher gr;ido may be used on or for a vehicle laxed for a less amount by the same person: and provided, further, that all vehicles kept at hotels for tlie use of hotel patrons shall be exempt from the provisions of this section; and that all vehicles belonging to the City of St. Louis or claimed as exempt from license by reason of being In the service of the City, shall have the word "City" painted on both sides of the outside of the bed or body of said vehicle. Sec. 17H. Aildilional Itond He<|uirey a former ordinance: sec note to sec. Rev. Code. sec. 1818. Sec. 171S. (R. C. tec. 1822 1 Vehicle,-; — Wlial Lights to be Kxposed On. Kvery hackney carriage, cab or cabriolet, when driven In the night, shall have fixed on some conspicuous part of the outer side thereof two lighted lamps, with plain glass front and sides, on which shall be painted in red and legible figures. at least one inch long, the registry number thereof. All omnibuses when driven in the night shall have lighted lamps or candles inside thereof, with number of said omnibus in front of said lamp or light. All wagons, trucks, automobiles, bicycles and all other wheeled vehicles, except as below specified, while in use on the streets at night, shall display one or more lights or lanterns. .MI trucks, wagons or other vehicles intended for heavy hauling, and whose ordinary use is during the daylight hours, shall, while in use on the streets at night, display one or more lights between the hours of eight p. ni. and five a. m. .V fine of not less than five nor more than twenty-five dollars shall be assessed for a violation of any of the provisions of this section. Sec. 172t>. (R. C, sec. l.s:!o.) I'loiiiiu Kai.-> in ( inriagr*. Kic. The, owner or driver of any hackney carriage, or other vehicle used for the transpor- tation of per-sons for hire, shall keep on the inside of each carriage or v(-hicle hung up in a conspicuous and prominent manner so as to be easily seen and read, a printed copy of the rates of established fare by this article. Said copy shall be printed in black ink on thick white card paper not less than ten inches square, and the type used for printing said rales shall be ronian type not less In size than that known as double i)rinier. and passengers or other persons employing such carriage or other vehicle shall have the right to examine such copy before paying their fares. Said cards to be furnished by the License Commissioner: provided, that the provisions of this section shall not apply to private carriages or to carriages owned and used by livery stables. S<'C. 2. Hackney CurrliiKc l><-lliie«l. — .\rtlcle Tw" •■( rii.iMr. r Tw.mi\ -ihr.... of the Municipal Code is hereby further amended by ■ ,n to be known as Section 1739 A [R. C. sec. IS4.3aj. .i \. Wherever the ternt hackney carriage is used in the pretediug secliutm II Hhnii be understood to mean a carriage that stands on the public streets or at public hack stands, soliciting public patronage, and it shall not Ih< iinderslood to mean a car- riage kept by a livery firm fix to uicvishu codk 1159 i"ll.\r XXXI MCKNSKS. Re it Ordained by the Municipal Assembly of the City of St. Louis, as follows: Section 1. Section 2054 of the Miinlcliml Code [R. C. sec. 2174] of St. Louis Is hereby amended by strlkinK out said section and substituting and IrseriUiK u new st'ction in lieu thereof, to be known by the same number, so that the section as amended shall read as follows: Sec. 20.'p-l. There shall be levied and collected for every hotel or bonrdhiK house the sum of fifty cents for each and every room in such house, which has been constructed or intended to be used as bedrooms or parlors, the payment of which amount shall entitle such hotel or boardlns house to a license for one year, and no license shall be issued for a less term than one year, said license in each case to run from the first day of February of such year. Approved Oct. 2, 1906. AKTK'LIC VI II. HOUSE AND RKAI. KSTATE AGENTS. (OKlilN \\t i: JJ.-.ilT.) Hfa\ I-Nl«lc .Ajfciits' LicenscK. — .\n ordinance to amend Section Number 2058 of the Municipal Code of St. Louis [R. C, sec. 2178], In relation to real estate agents' and brokers" licenses. Be it Ordaincil ly the Miiniriiial Assembly of the City of St. Litiiis. as follows: Section 1. Section number 2058 of the Municipal Code of St. Louis, in relation to real estate asents' and brokers' licenses, is hereby amended by slrikiuK out said section and substituting and iusertinR a new section in lieu thereof, to be known by the same number, so that said section, as amended, shall read as follows: Sec. 20.i8. Every person or firm, composed of one or more persons, engaged In the business defined in the foreKoin.e: sections shall pay an annual license of twenty-five dollars, which shall be payable before any such person or llrm shall be permitted to transact any business: and If such person or persons fail to pay said license, then he or they shall be deemed Kuilty of a misdemeanor, and, upon conviction thereof, be fined not less than one hundred dollars nor more than two hundred dollars, said license in each case to run from the first day of May of such year. Approved October ir)th. 1906. ARTICLE XII. OF ORDINARIES OR RESTAURANTS. (i>i:i)i\ \\( r. •j*j.-.i»(t. ) OrdiniiricH «i:d Rostauniiit.s. — An ordinance to amend Section 2086 of the Muiiiiipal ("ode [K C. sees. 22ii7. 220S] of St. Louib', as amended by ordinance number 2i).'i2s, in relation to ordinaries. Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: Section 1. Section 2086 of the Municipal Code of St. Louis, as amended by ordinance number 2i'r.2S ( R. C. sees. 2207. 220S). Is herebv amended bv striking out said section and subslitutin;; and inserting a new section in lieu thereof to be known by the same number, so that said section, as amended, shall read as follows: Sec. 2086. Ordinaries or restaurants are hereby divided into four classes: Ordinaries or restaurant^ of the first class are those with a seating capacity for one hundred or more patrons or guests; ordinaries or restaurants of the second class are those with a sealing capacity for more than fifty and less than one hundred patrons or guests: ordinaries or restaurants of the third class are those with a capacity for seating twenty or less than fifty patrons or guests: ordinaries or restaurants of the fourth class are those with a capacity for seating twenty or less patrons or guests. On all ordinaries or restaurants of the first class there shall be levied and collected as a license the sum of fifty dollars, which license shall authorize the party therein named to carry on the business of an ordinary or restaurant of the first class for a term of six months. On all ordinaries or res- taurants of the second class there shall be levied and collected as a license the sum of thirty dollars, which license shall authorize the i)arty therein named to carry on the business of an ordinary or restaurant of the second class for a term 2160 APPENDIX TO REVISED CODE. CHAP. XXXI. LICENSES. of six months. On all ordinaries or restaurants of the third class there shall be levied and collected as a license the sum of ten dollars, which license shall au- thorize the party therein named to carry on the business of an ordinary or restau- rant of the third class for a term of si.x months, and on all ordinaries or restau- rants of the fourth class there shall be levied and collected as a license the sum of five dollars, which license shall authorize the party therein named to carry on the business of an ordinary or restaurant of the fourth class for a term of six months, said license in each case to run from the first day of May or November of such year. Any person or persons, firm or corporation, who shall carry on the business of an ordinary or restaurant of any said classes without first obtaining a license therefor from the License Collector, or who, under a license for an ordinary or restaurant of one class, shall carry on the business of an ordinary or restaurant of a higher class, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty-five dollars nor more than one hundred dollars. Approved October 15, 1906. ARTICLE XIV. OP PEDDELRS AND HAWKERS. (OHDIX.AXCE 22574.) Peddlers' and Hawkers' License. — An ordinance to amend Section 2100 of the Municipal Code [R. C, sec. 2222] of St. Louis, in relation to license of peddlers and hawkers. Be it Ordained by the Municipal Assenihh/ of the City of St. Louis, as follows: Section I. Section Number 2100 of the Municipal Code [R. C, sec. 2222] of St. Louis, in relation to license of peddlers and hawkers, is hereby amended by striking out said section and substituting and inserting a new section in lieu thereof, to be known by the same number, so that said section as amended shall read as follows: Sec. 2100. There shall be levied and collected of every person carrying on the business of a peddler or hawker, who carries the goods he offers for sale on foot or in push cart, the sum of ten dollars, and there shall also be levied and collected of every person carrying on the business of peddler or hawker who carries the goods he offers for sale in one-horse wagon, or other vehicle, the sum of fifteen dollars, and for a two-horse wagon or other vehicle the sum of twenty- five dollars, the payment of which shall entitle such peddler or hawker to a license for a period of twelve months, and shall exempt him from the payment of a li- cense for such vehicle. Every such license shall show the place of residence of such peddler or hawker, and such peddler or hawker shall have his name and the number of his license painted conspicuously on both sides of his wagon, .or other vehicle, and shall carry such license with him and exhibit the same whenever re- quired by any police or other officer authorized under the law or ordinance to make arrests. Any wagon peddler duly licensed under this article may have one driver to assist him, but no other assistants, while engaged in peddling or hawk- ing, and only one person shall engage in peddling or hawking as foot peddler or with push cart under any license issued in pursuance of this article, said license to run from the first day of June of such year. Approved October 2, 1906. ARTICLE XV. OF RAILWAY TICKET BROKER^. (ORDINANCE 22«(>0.) Railway Ticket Brokers' Licenses. — An ordinance to amend Section Number 2111 of the Municipal Code of St. Louis [R. C, sec. 2233], in relation to licenses of railroad ticket brokers. Be it Ordained t>y the Municipal Assembly of the City of St. Louis, as folloics: Section 1. Section Number 2111 of the Municipal Code of St. Louis iR. C, sec. 2233], is hereby amended by striking out said section and substituting and inserting a new section in lieu thereof, to be known by the same number, so that said section, as amended, shall read as follows: APPENI'IX TO HEVISED COPH. HtJl CHAT XXXI. LICENSES. Sec. 2111. There shall be levied and collected on every license granted un- der this article the sum of fifty dollars before the delivery thereof. Each license shall be granted for one year, and on Its face shall plainly exi)ress that It will be forfeited by any violation of this article, and shall also show plainly the time when It shall expire, together with the name of the person authorized to do business under the license, as also express on Its face that the license shall entitle the person named therein to carry on the business of ticket brolter at the office only, said license to run from the first day of May of such year. Approved Oct. 15th. 1906. ARTICLK XVII. OF STOCKYARDS. SALES STABLES A.\D HOUSIC AND tWTTLE DEALERS. (OKIHN \N«'l-: :.':i.-.)ii>. ) Stocli Yiir«Ls License. — .\n ordinance amending Section Number Twenty-one Hundred and Twenty-eight of the Municipal Code of St. Louis [R. C, sec. 2250], In relation to license of stock yards. Be it Ordained 6v the Municipal Assemblu of the City of St. Louis, as follows: Section 1. Section Number Twenty-one Hundred and Twenty-eight of the Municipal Code of St. Louis [R. C. sec. 22ri0]. in relation to license of stock yards. Is hereby amended by striking out said section and Inserting In lieu thereof a new section, to be known by the same number, so that said section, as amended, shall read as follows: Sec. 21 28. The proprietor of each stock yard in the city shall pay in advance to the collector an annual city license therefor of one hundred and fifty dollars, said license to run from the first day of January of such year. Approved October 15th. 190G. (ORlilNWXCK :::;r>i»«.) Sales Stal>li> — l.ircnses. — An ordinance to amend Section Number Twenty- one Hundred and Twenty-nine of the Municipal Code of St. Louis [R. C. sec. 2251]. in relation to licenses for sales stables. Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: Section 1. Section Number Twenty-one Hundred and Twenty-nine of the Municipal Code of St. Louis [R. C. sec. 2251] is hereby amended by striking out said section and inserting and substituting a new section in lieu thereof, to be known by the same number, so that said section, as amended, shall read as follows: Sec. 2129. The proprietor or keeper, or the proprietors or keepers, of each sale stable in the city shall pay. In advance, an annual license therefor of twenty- five dollars, said license to run from the first day of January of such year. Approved October 15th. 190R. ((>i:iil S WfK -J-jcoi.) I.irciisc iif II. .iM .111(1 ('.ml. Di-nlers. — An ordinance amending Section Num- ber Twenty-one Hundred and Thirty of the Municipal Code of St. Louis. Id rela- tion to license of horse and cattle dealers. Be it Ordained by the .Municipal Assembly of the City of St. Louis, as follows: Section 1. Section Number Twenty-one Hundred and Thirty of the Municipal Code of St. Louis [R. C. sec. 2252] Is hereby amended by striking out snid sec- tion and substituting and Inserting in lieu thereof a new section to be known by the same number so that said section as amended shall read as follows: Sec. 2130. [ R. C sec. 2252.] Each jierson or persons, copartnership or corporation engaged In the city in the business of horse and cattle dealer or dealers, as defined In this article, shall pay in advance an annual license therefor of twenty-five dollars, said license in each case to run from the first day of Jan- uary of such year. Approved October 15th. 1906. 1162 APPENDIX Tt) REVISED CODE. CHAP. XXXVII. TREASURY ARTICLE XX. MISCBn:.LANEOUS PROVISIONS. ( OKI )INANCE 22570. ) Lioen.sfs — Terms. — An ordinance amending Section Number Twenty-one Hundred and Forty-nine [R. C, sec. 2275] of the Municipal Code of St. Louis, in relation to term of licenses. Be it Ordained by the Municipal Assembly of the City of St. Louis, as folloios: Section 1. Section Twenty-one Hundred and Forty-nine of the Municipal Code of St. Louis [R. C, sec. 2275], in relation to term of licenses, is hereby amended by striking out said section and substituting and inserting in lieu thereof a new section, to be known by the same number, so that said section, as amended, shall read as follows: Sec. 2149. Licenses grantfd under this article shall continue in force twelve months, except as otherwise provided. No license of any kind shall be issued for a shorter period than that specified in each instance in this article, except in such cases as upon full statement of the facts appear to the License Collector worthy of charitable consideration, and that the applicants are truly unable to pay license for the full period stated. In such cases the License Collector, with the approval or upon the recommendation of the Mayor, is authorized to Issue license for shorter periods, not less than one month, at pro rata rates, unless otherwise therein provided licenses granted for twelve months shall be for periods beginning at the following dates: Bill Posters and Theaters, January first; Engravers and Lithographers, April first; Photographers, May tirst, and Mercantile Agents, July first. Approved October 2, 1906. CHAPTtR XXXVII. TREASURY DEPARTMENT. ARTICLE I. OF THE DEPARTMENT. (ORDINANCE 22805.) Renewal Bonds. — An ordinance authorizing the Mayor and Comptroller to issue and sell bonds of the City of St. Louis in renewal of bonds for which the City of St. Louis is liable. Be it Ordained by the Municipal Assembly of the City of St. Louis, as foUoivs: Section 1. Under authority of Section Twenty-six, Article Three, of the Charter of the City of St. Louis, the Mayor and Comptroller are hereby authorized to issue, sell and deliver bonds of the City of St. Louis to an amount not exceed- ing two million dollars, to redeem renewal bonds amounting to two million dollars maturing June twenty-fifth, nineteen hundred and seven, which said bonds thus maturing were issued under authority of Ordinance Thirteen Thousand Nine Hun- dred and Thirty-two, approved March Fifteenth, eighteen hundred and eighty- seven . Sec. 2. The bonds authorized by this ordinance and the coupons attached thereto shall be made payable to the bearer in United States gold coin in the City of New York, or, if he so elects, in the City of London, England, in pounds ster- ling, at the rate of four dollars eighty-six cents six and one-half mills, and at such place therein as the Mayor and Comptroller may determine. Said issue of bonds shall be dated the twenty-fifth day of June, nineteen hundred and seven, and shall consist of two thousand bonds of the par value of one thousand dollars each, and shall bear interest at a rate not to exceed four per centum per annum, payable semi-annually, and said interest shall be represented by semi-annual cou- pons attached to said bonds, the principal of said bonds shall be payable twenty years from date of their issue, and both principal and interest shall be payable in gold coin of the United States, of the present standard of weight and fineness, and in pounds sterling in London as above provided. Al*PKNI>IX TO UKVISICU CODB. 1 [(jj «IIAI' XXXVIIl COI.LECTolt WATKK IIATKS. Sec. 3. Said bonds shall be ensraved and shall be signed by the Mayor, Comptroller and Treasurer of the City of St. Louis, and attested by the ReRlster with the seal of the City of St. Louis thereto affixed, and shall in all ros|)ects be numbered and registered as other city bonds, the name of tlie City Treasurer may be engraved on the coupon. Said bonds shall contain a provision that they may. at the option of the holder, be exchangeablo for registered bonds. Sec. l. The Mayor and Comptroller shall sell said bonds for the best ob- tainable price, either at public or private sale, as they may deem most expedient. The Coni|)trollfr of the City of St. Louis shall deliver the said bonds to the pur- chaser thereof on receipt of the purchase money or a certified check therefor, pay- able to the order of the City of St. Louis, and the i)roceeds of the sale of said bonds are hereby appropriated to and to be used in the i)ayment and redemption of the principal of the two million dollars of bonds of the City of St. l>ouis, dated June twenty-fifth, eighteen hundred and eighty-seven, maturing June twenty- fifth, ninetei'n hundred and seven, and for no other purpose, and said maturing bonds when i)aid shall be stamped by the City Auditor as follows: This bond is l)aid and cancelled out of the proceeds of bonds Issued and dated June twenty- fifth, nineteen hundred and seven. .•\pprove;0. { Index to State Laws for at. Lmiis.w. •22^-2:>(j. ADVERTISEMENTS— Continued. page. sec. for purposes of abortion, or treating venereal disease, etc \ „Ji ,-„, I hi A loz4 in newspapers about venereal diseases, abortions, etc., misde- meanor 873 1525 of lottery, misdemeanor . 875 1533 of lottery tickets, etc 87G 1534 in public parks prohibited 997 2019 by bands of music in street, permit necessary. 878 1540 by billboard, when allowed — See Billboards. ordinances regulating, for public work, to be recommended by B. P. 1 968 1913 of notice of lettings of public work 985 1977 what such notice to contain 986 1978 of notice for lettings of public city printing 999 203ri for lettings for supplies to city by Supply Commissioner — See Supply Commissioner. for proposed sale of suri)lus or refuse articles by Supply Com- missioner 1079 2385 AGENT— See Real Estate Aiicnt : also see under names of Principals. of owners, duties as to privies, closets, etc 691 576 of owners of tenements, etc., when liable for nuisance 699 596 r 607 63 T ,. , .,., ,. , . ! 709 642 liability ot, tor nuisances ^- „ ~.„ 1 711 651 of meat-shop keeper, liable as principal 863 1479 ot theatrical performance responsible for discharge of loaded firearms 882 1567 responsible for smoke nuisance 893 1619 financial, requires license 1021 2137 of merchandise brokers, require license 1023 2148 for pawnbroker, where cannot do business 1040 2217 of runner for railroad, steamboat, hotel, etc. — See Runners. mercantile agent — See Mercantile Agent. of second-hand dealers, when principal liable for 1057 2299 of second-hand dealer, when liable 1057 2299 fiscal, of citv — See Bankers. f 758 904 repair of streets, or sidewalks, or alleys, notice to \ 759 909 I 759 910 ALARM— See Fire and Pol. Tel. Dept. bell in hotel S9T 191 AISLES- See Theatre. ALLEYS— [For provisions applicable to other highways in common with alleys, see Streets and Highways: only matters peculiar to alleys from other highways here.] repair of, special tax for cost 759 , . ,.■•.■ / 787 1121 placing poles for electric wires, etc., m - ^q^ -j-I j^^ to be kept free from filth, by whom 810 1234 ALTERATIONS IN BUILDINGS— See Buildings. definition of term 562 01 AMENDMENT— of statement in police court (with note) S23 1280 ANCHORING— walls, girders or beams, etc. See Buildings. 910 IN'DKX TO RKVlSICn CODIC Olt OKNICKAI. OKI H NANiKS. l|i;7 liuK'X ti> Chiirti'i- ami Siitcii, \>\t. •IG;{-ri4L'. liiilox to Srhfiiit; |i|i. 279-286. Iiiik'x to siali; Laics for SI. Louis, p\t.22a-'l'<{i. ANIMALS— |.V(iK. sKf. St'o Head Attiinals: Xuisainf. sal<> of diseased live, for food, forbidden 859 1452 not to be >vators !'"> -:;:'.:: APOTHECARIES— See Druggists. APPOI.NTMENTS OF OFFICERS— by .Mayer — See ilaynr. APPROPRIATIONS— See respective departments ol- officials. in ordinances for public work contain specific 971 1920 claims cannot be auillted unless there be a sufflrleiii |iim; 2410 warrant to specify 10S7 24 1 1 duties of Auditor as to transfers of. etc. loss 2420 Comptroller to see that, not overdrawn. .... 1089 2427 AKCHITECTIRAL DRArt;HTSMAN— In office of Huilding Commissioner. 555 35 AREAS— See Biiildiiirjs. ARMOR IBS- walls of . . •'■71 s7 1168 INDEX TO REVISED CODE OR GENERAL ORDIXAXCES. Index to Charter and Kotes, pp. 463-542. Index to Scheme, pp. 279-286. Index to State Laws for St. Louis, pp. 225-25G. ART BUILDING— page. located in Forest Park 548 how location determined 548 under Board of Control of St. Louis Museum of Fine Arts 549 ASH BOXES— See BiiiUlings. regulation for, in buildings ". 587 ASHES— on premises, when nuisance 698 term in nuisance article defined 698 to be carried through streets, how 702 depositing on, or removing from, another's premises 889 ASSAULT, etc. misdemeanor 877 ASSESSMENT OF PROPERTY— district assessors appointed by Mayor ■ .„., board of assessor for, created, composition of 1007 President of, and District Assessors, bonds 1007 qualifications of President and District Assessors 1007 appointment of what deputies and clerks by President -. .„„„ clerks as deputies 1008 President may remove what employes 1008 salary of President of 1008 salary of Chief Deputy Assessor of lOdS compensation of district assessors liioS salaries of deputies, clerks, draughtsmen, etc 1008 pay rolls of department, how certified and audited 1008 duties of President of Board of Assessors 1009 President administer oaths, receive returns of property, give information where appeals desired, etc 1009 hours of President of Board of Assessors 1009 President of Board to furnish information 1009 qualification and duties of Chief Deputy 1009 when made, how, report by district assessors, oath 1009 ten assessment districts established 1009 ( 1010 boundaries of said ten districts, respectively ■! to ( 1011 , same; amendment thereof — See Appendix Ord. 22930 1157 additional duties of district assessors 1011 notice to be given of differences in tax assessments of personal property to owner 1011 notice of completion of books, in newspapers 1011 Recorder of Deeds to furnish Assessor all deeds, etc 1011 President Board Assessors to make changes on plats 1011 costs and expenses of. how met and certified 1012 Board of Equalization, how constituted, i duties, powers, hear appeals, when in session 1012 compensation of members of Equalization Board 1012 compensation of cari)enter and builder of board 1013 qualification and oath of builder on the Equalization Board, duties 1013 pay roll of Equalization Board to show what 1013 decisions as to functions of Board of Equalization, and effect of failure to appeal to it — See note to heading of Chap. 29.. 1007 ASSESSMENTS FOR LICENSE-TAXES— See Licenses. SEC. 4 5 G 151 590 594 614 1603 1537 1509 2095 2070 2071 2072 2073 2075 2074 2075 2076 2077 2078 2079 2080 20S1 2081 2081 2081 2082 2083 2084 2085 to 2094 2095 2095 2096 2097 2097 2098 2099 2100 2101 2101 2102 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1169 r Index to Charter and Xntes, pp. 463-542. \ Inde.\ to Scheme, pp. 279-286. I Index to .S/afe Laics for St. Loiiiii.\^i).22a-2oG. ASSESSOR AND COLLECTOR OF \V.\'Ii:k RATES— paijk. .sec. , , , ,, f S6S 15119 appointed by Mayor | ^^^. ,44^ office of, created 1095 2447 term of 1095 244S salary of 1095 2449 decision as to salary, note to Sec. 2449 1095 bond of 109G 2450 deputy, appointment, duties, bond 1096 2451 other employes of, duties 109G 2452 responsible for acts of employes, bond from employes 1096 2453 salaries of deputies, clerks anil employes 1096 2454 additional employes and salaries 1097 2455 same, by late Ordinance 23000, Appendix 1 163 duties of, to collect what revenues 1097 2456 water rates, collection thereof, etc — See M'ater Rates. where and when deposit funds, suspension or removal for failure 1097 2457 blanks to be delivered by Register 1097 245S blanks countersigned by Comptroller, etc 1097 2459 monthly report of, to Comptroller 1097 2460 annual report of, to Municipal Assembly 109S 2461 may compel taking out of water license as sanitary measure, | 2463 when 109S \ 2464 to issue licenses for water, term 1100 240S to divide city into districts, may shorten term 11 00 2470 may allow rebates, when 1100 ( 2471 ( 2472 may withhold licenses, when 1 im 2479 may require license to be for all purposes, when IKJl 24So for certain purposes, exposed for other purposes, revocation.... 1102 24S1 may shut off water when service-pipes are not repaired IIOS 2510 may shut off water for non-payment of license 1102 24S2 Same: note of cases — See note to See. 24S2 1102 may require oath of applicant for license 1102 24S4 rlKht of entry Into premises 1102 24S5 shall charge what annual water rates for use of water lln:'. 24^7 same-meter rates | ^^^4 24ss to require new stoi>-box when broken 1 1 ii5 2491 meters In public institutions in discretion of llm; 2494 r 1106 2499 furnish water to Government of U. S ■! to to I 1107 2502 to furnish certlBcate before attachments allowed to city water- pipes, or alterations, etc 1107 2504 ASSESSOR OF SPECIAL TAXES— See President Board Public Improvemenls. ASSISTANTS— See names of chief officer or office. ASSISTANT CITY COINSELOR— See Citj/ Counselor. ASSOCIATE CITY ATTORNEY— See City Attorney. ASSOCIATE CITT COUNSELOR— See City Counselor. 1170 INDEX TO REVISED CODE OR GENERAL ORDINANCES. r Index to Charter and Notes, pp. 463-542. J Inde.x to Scheme, pp. 279-286. ( InAex to State Laws for St. Louis. pp. 225-25G. ASTROLOGISTS— pagf. sec. license required by 1029 2169 term defined 1029 2170 amount of license 1029 2171 penalty doing business without license 1030 2172 ASYLUM— See Buildings. ASYLUM FOR INSANE (PUBLIC) — See Insane Asylum. ATTACHMENT BY MUNICIPAL ASSEMBLY'- See Municipal Assembly. ATTACHMENTS WITH WATER-WORKS PIPES, etc.— See Water Connections ; Plumbers; Sewers. ATTIC— See Bnildinps. definition of, in Building Code 502 61 AUCTION— sale of articles seized — See Market-Ma-sters ; Condemnation. ringing of bells to attract to, misdemeanor 879 1546 sale of impounded cattle, goats, etc 895 1579 persons selling at — See Auctioneer. sale of horses at — See Horses. sale of salvage from wrecked boats 644 355 sale of goods not removed from wharf 640 363 sale of condemned buildings 708 931 sale by Market-Masters of seized articles 857 1440 sale by Comptroller of securities deposited by manufacturers in lieu of bond 1033 2190 same; securities of merchants for same 1036 2201 AUCTIONEERS— defined 1019 2126 must procure license 1020 2127 decisions as to — See note to Sec. 2127 . ^. 1020 amount and term of license: bond. . 1020 2128 fruit, license necessary 1020 2129 of stocks, bonds and securities, when license required 1020 2130 real estate brokers, when require license as .^ 1020 2131 bond of horse auctioneer 1021 2135 penalty violating article on 1021 2136 C 1053 2281 I'equisites getting license \ to to 1 1054 2283 AUDITOR— duties in costs of city in cases in Police Court and Court Criminal Correction . S30 1313 one of bond-examining board 907 1682 audits pay rolls of Assessor's Department lOOS 2080 certifies costs and expenses of assessing property to State Auditor 1012 209,S pay roll Equalization Board 1013 2102 duties respecting deposits by bidders on supplying the city 1076 2373 member of Treasury Department lOSO 23S7 duties in Ti'easury Department — See Treasury Department. annual examination of accounts of 1084 12401 ( 2402 notes of decisions concerning — See note to heading of Chap. 37, Art. 2 1085 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1171 {Index to Charter and .Vo/c.v, pp. 463-ri42. Iiuli'X to Sihcmr, pp. 279-2SG. Index to State Laws (or vS7.^0Mis. pp. 225-256. I'AllK. SKI'. bond and salary of 1085 2-lOG first and sec-ond deputy, a|>pointnient, salary, terms lOSO 2407 i-lerks of. duties, salaries •. .. Ki.st; 2I0S general powers and duties of lose 2t09 preserve all acrounts and documents relating to eontracts, debts, revenues of city, etc 10,SG 2loy inalio rules and regulations, take oaths lOSlj 24ii9 ;iiulitinK and cerlifyinf; demands a.i;ainst city lOSii 2410 lucibod and uianner. warrant, |irocedure, requisites lOSti 2410 not to audit unless amount appro|)rlateil, ami allowed by Comp- troller and .Auditor, or either, with Mayor lO.Sti 2410 warrant to specify fund, receipt taken, papers filed 10,S7 2411 claims to be audited within one year lo.s7 2412 warrants unclaimed for five years, canceled 1087 241!! warrants not presented within five years, barred 1087 2414 sums on pay rolls one year to be re-transferred 1087 2415 no warrant to indebted officer or assignee 1087 241i; officers owing money over ten days, notice from 1087 2417 to furnish to whom books, abstracts, etc., and information, or permit examination of city documents, etc 1088 2418 fiscal term of, what : 1088 241!) appropriations, duties as to transfer, etc 1088 2420 to have free access to books, records, etc., of all officers 1088 2421 to make monthly trial balance and report information 1088 2422 statement to, by Comptroller of license or tax bills, etc 1088 2423 to keep what books and records 1088 2424 to keep book record of claims, warrant books, bills payable, bills receivable, register of bonds lOSS 2424 duties as to city pay rolls 1092 2439 AUTO-CYCLES— r SO*) 1 '''lO provisions for. to protect streets, and penalty J 1' ^''..., license taxes on 93« 1812 Al'TOMOBILES— taking from garage or shelter, misdemeanor. (See Sec. :50Ga, and Appendix, Ordinance 22739) 1140 shop for, or garage, not to be opened or run without special i ordinance \ using oils or gasoline, kerosene, etc., regulations for protection of I streets, and penalty for failure \ s|)eed limit for, and other horseless vehicles ) reference to State law on. (See note to Sec. 1551, p, 880. and also to Sec. 1811, p. 936.) regulations for liceose-tax on, motor cycles, locomobiles, etc < { llgttts on, required at night., same — ord. 22673, appendix. AWNINGS— stationary, prohibited in certain limits.... limits where hereafter none to be erected — exceptions IK-rmiis for. ||om Hoard Public Improvements conditions of grant of permit balcony or porti<'o permitted at theatre or opera decision ns to being illegal encroachment, note (o Sec. 1088. 704 625 705 626 809 1230 810 1233 880 1551 8S0 1552 880 15.53 to to 881 1557 93C ISll 936 1S12 939 1822 881 1556 1156 1 1 1 1088 777 1089 777 1090 777 1091 777 1092 117 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Charter and yotes, pp. 463-542. Index to Scheme, pp. 279-286. Index to State Laics for St. Louis, pp. 225-256. B BACTERIOLOGIST AND BACTERIOLOGY— p.\oe. See City Bacteriologist. BAIL— in police courts — See Police Courts. BALCONIES— See Buildings. may extend how far 578 ( 598 in theatres, under Building Code \ g^,g in theatres, permitted at main entrance, over street 777 extending into streets or sidewalks, misdemeanor 812 BALL PLAYING — on the highway prohibited SS2 BANDS OP MUSIC— See Music. BANKERS— licenses ot 1021 amount of license of 1021 defined 1022 posting ot licenses 1022 penalty violating article 1022 payment of bonds, etc., of city, by, selected as financial agents of city 1080 receipts from, selected as. city financial agents, for funds sent, etc. lOSO transfer of bonds, etc., fiscal agents of city 1083 deposit of city funds with, selection of banks, bonds from, regu- lations as to deposits, etc 1092 drawing city funds from bank selected, how and when 1092 BANKS— See Bankers. deposit of city funds in — See Bankers. ' BARBED WIRE FENCES— See Fences. — ^ /''- BARGES AND SCOWS— ' ' See Wharfhoats : Boats. loaded, when may land 651 may have privileges of wharf boats 653 BASEMENT— meaning defined, in Building Code 562 BATHS— See Puhlic Baths and Playgrounds: Hu-imming School or Bath. BATHING — _ in open in daytime, misdemeanor ■ S70 BAWDY HOUSES— not to have overhead wire connections 786 f 7S9 permit for wire connections with, forbidden and void •, „^q keeping, visiting, etc., misdemeanor 871 decisions as to, and evidence to convict, nature of the place, etc., nuisance per se. etc. — See note to Sec. 1518 871 enticement, or attempted enticement of girls under age, to, laBs- demeanors 872 when habitues of are vagrants 895 dramshops not iiermitted in 1028 118 195 199 1092 1243 1564 2137 2138 2139 2142 2144 2390 2390 2398 2439 2439 382 387 61 1317 1117 1128 1129 1518 1519 1632 2163 879 154G SSI 1559 882 15C0 948 1S57 950 1870 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1173 (Index to Charier and Sotes, pp. 463-542. Index to Siiieme, pp. 279-286. Index to State Laws ^or St. Louis, pp. 225-256. BAY WINDOWS— l-A(!K. .SEC. in Building Code — See Biiihiings. extending Into street, misdemeanor 812 1243 BEA.MS— See Buildings. BEER— See Intoxicating Liquors; Intoxication ; Dramshops. BEGGARS— when vagrants 895 1632 BELLS— ringing of, when fulsdemeanor on animals, prohibited when driving required when sleighing o( steam railroad engine, when to be rung by street cars, when required BENEFITS— in street opening cases, etc. — See Streets and Highways. special tax for — See Special Tax. BENZINE— regulations 013 232-234 BETHESDA HOME— authorized to receive foundlings on contract with city 915 172S foundlings at — See Foundlings. BETTING— See Misdemeanors: Gambling. BICYCLES, TRICYCLES AND VELOCIPEDES— license taxes on. and regulations > 933 1810 license plates, where put (See end of section) 936 1810 license taxes on motor-bicycles 936 1812 lights on 939 1822 same — appendix, ord. 22073 1156 BIDS AND BIDDERS— for public work — See Public Work. for public city printing — See Public Printing. tor supplies, etc., to city — See Commissioner of Supplies. BILLBOARDS— cost of permit for 560 54 regulations concerning 608 214 who may erect, where and on what 887 1591 license for 887 1592 defacing advertisement on lawful, misdemeanor 887 1592 BILLPOSTER— when may erect billboards, etc 887 1592 license required 1051 2270 deflnitlon of 1051 2271 rate of license 1052 2274 term of license of — Ord. 22576. Ap|>endlx, p. 1162 1052 2275 same, before amendment 1052 2270 license subject to ordinances 1052 2270 form of licenses to 1053 2277 , . , ,, ( 1053 227S assignment of licenses .... „„^, penalty 1054 2285 BILLS— in Municipal Assembly — See Ordinances. against city, what to state, etc lO.SO 2388 or claims against city, how audited — See Auditor, Treasury Department. 1174 INDEX TO REVISED CODE OR GENERAL ORDINANCES. - Index to Charter and Notes, pp. 463-542. Inde.x to Scheme, pp. 279-286. ^ Index to State Laics for St. Louis, pp. 225-25G. BILLIARDS AND BILLIARD TABLES— page. (■1051 license i)r6visions respecting , J to 1 1054 definition of billiard table keeper 1051 decisions as to validity of ordinances regulating — See note to Sec. 2273 1052 BIRDS— f S91 molestation of, forbidden: stone-throwin.a;. shooting, etc., penalty \ to ( S92 molestation of, in parks iirohibited 990 BIRTHS— registration of, and by whom 719 record of 719 failure to report, misdemeanor 719 certified copy of record of, from Health Commissioner 744 BLASTING— See Stone Qt/arries. BLIND— See BiianI of Health. BOARD OF APPEALS— how constituted, terms and qualifications of members, etc 5G1 has jurisdiction of what appeals from Building Commissioner. . 561 api)ea! to,' how taken 561 may enter premises 562 BOARD OF ASSESSORS— See Assessment of Property. BOARD OF COMMISSIONERS MIILLANPHY RELIEF FUND— See lit iiUaniiliy Emigrant Relief Fund. BOARD OF ENGINEERS— See Boilers (Steam) and Elevators. BOARD OF EQUALIZATION— See Assessment of Property. BOARD OF EXAMINERS OF PLUMBERS— See Plumbers. BOARD OF EXAMINATION OF BONDS— See Bonds {of Puhlii Officers). BOARD OF HEALTH— who shall be members of 662 meetings, quorum, rules 663 President, officer „„„ terms of members, and salaries 663 books and records to be kei)t by 663 accounts, approval and auditing 663 Iiurchase of articles for institution 663 clerk of 664 salary and bond of Clerk of 664 duties of Clerk of 664 l)owers of, respecting institutions for deaf, dumb, blind, etc.... 6G4 vested with powers of county courts respecting deaf, dumb and blind institutions 664 may reojien certain wells 664 Health Commissioner's relations to — See Health Commissioner. to approve actions and appointments of Health Commissioner 665 to approve additional appointments of Health Commissioner. . . . 666 SEC. 2270 to 2285 2272 IGll to 1G15 2018 694 696 697 838 58 59 59 60 437 438 437 439 440 441 442 443 444 445 44G 447 44S 449 450 459 INDEX TO REVISED CODE Oil GENERAL ORDINANCES. m Index to Charier anti .Yo/cs, pn. 463-542. Iiidi'.x to oi7ifmc, pp. :iT9-2S6. Index to State Laws for St. Louis, pp. 225-2r)G. BOARD or HEALTH— Conlinued. i-.v,,,. piiynieiits by. of aililitional help to Health Commissioner 66C to approve Mayor's ap|)ointment of Clly Bacteriologist (U;? approve rules for Bai-terlologist COS to approve appoliitnieiit of assistants to BacterioloKlst (i(is to api)rove appointment City Chemist, and control him CG9 powers and duties respecting nuisances — See .ViiiAonce. right to enter premises — See Itiiihl to Eiilrr Premises. has control over meat-shops, declare same nuisance SG3 has control over private Institutions, hospitals, lying-in homes. foundling homes, etc. — See Onl. 2299S, Appendix 1142 to approve appointment Chief Sanitary Clerk GOG to approve appointment assistants to Bacteriologist 6G7 to approve appointment cleric and janitor to Bacteriologist GGS to api>rove ai)pointments made hy City Chemist 670 to approve rules submitted for oftice City Chemist C7sal — Sec Garbage. may prescribe duties for Workhouse Suiierintendent 919 1139 1749 1176 INDEX TO RE^'ISED CODE OR GENERAL ORDINANCES. Index to Charter and Xoies, pp. 463-542. Ind°x to H'lcme, vp. 279-286. Index to State Laics for Si. Lo»i«. pp. 225-25G. BOARD OF PUBLIC IMPROVEMENTS— Continued. page. may direct employment of workhouse prisoners on public work, shorten term, etc. — See Workhouse. Supervision, rights, duties, powers and functions respecting Plumbing and Drainage — See Plumbing : Plumbers. rights and powers under new plumbers' ordinance — See Appen- dix, Ord. 23007 1150-1153 may remove Supervisor of Plumbing 927 authority of, as to public baths and playgrounds — See Public Baths and Playgrounds. f 957 powers as to fenders on street-cars - „_„ ( yoo powers as to brakes on street-cars 959 to approve street railway rail pattern 959 to approve device for street railway sprinkling 9C6 regular meetings of 96C special meetings, called by President of, and how 9G7 when special meeting may be called by Secretary 967 special meeting, election President pro tern.; powers 967 President pro tern., not to authenticate special ta^ bills 967 when and what subordinates to the respective commissioners may act for their chiefs at 9C7 by-laws and regulations to be made and printed 9C7 secretary of, salary, bond 967 duties of Secretary, records, papers, printing 968 decision as to effect of record of — Note to Sec. 1912 968 duties of, in general 96S to prepare all ordinances for public improvements, lettings, etc. — See Ordinances: Public Work. quorum, final action when not taken, notice 969 when yeas and nays required on vote 969 members of, responsible for acts of employes 969 plans dedications of streets, etc., or subdivisions, etc., to be submitted to 9C9 dedication of streets and highways — See Streets and Highways. improvement, construction, reconstruction, repairing, etc., of streets and alleys, etc. — See Streets and Highways. what ordinances from shall contain. 970 letting of annual repair contract by. 970 duty of, where complaint defective work being done — See Public Work. permission by, to construct vaults under sidewalks, and sign-posts 973 permission by, for weighing scales 973 President of, presides 973 contracting for, and executing, public work — See Public Work. regulations for lettings, bidding for work, etc. — See Public Work. employes of, salaries and bonds of respective members of, and their employes or assistants — See under the respective Com- missioners" names; and also Salaries or Compensation. may make regulations for driving parks 997 approve leasing of buildings in certain jiarks 998 may lease boat privileges on ponds in parks 998 may lease privileges for games, tennis, ball, etc., when 998 when to approve sewer construction 1058 when may cancel drainlayer's or plumber's permit for doing de- fective work on sewers 1060 when and how may grant permit to connect with private sewer without builder's consent 1061 to aiJiirove i)lans of water closets, etc 1002 to api)rove device discharging steam boilers into sewers 1064 ))lunibing provisions can be varied only by 1064 to provide water meters to consumers free of charge 1106 to approve pattern of fountains 1108 1793 1873 1874 ( 1S77 \1878 1879 1902 1904 1905 f 1906 \ 1907 1908 1908 1909 1910 1911 1912 1913 1914 1915 1916 1917 1919 1919 1933 1934 1935 2021 2026 2027 2028 2303 2306 2311 2313 2316 2317 2498 2508 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1177 I Index to Charter and Notes, pp. 463-542. • Iiidfx to Silienif, pp. 279-2S6. I Index to State Laws for St. Louis, pp.22a-2aS. BOARD OF PUBLIC IMPROVEMENTS— Continued. pa(!k. .kfp. to approve patterns of street washers 1111 2516 to approve pattern of stop-bo.\es 1111 2519 to approve pattern of pipe, fl.xtures, etc., in plumbing 1111 2521 BOARDl.NG HOISE— See Lodging-House : Buildings. In nuisance act defined 706 029 or lodging-house — See Lodging-House. In license article defined 1030 2173 amount and term of license 1030 2174 same: amendment — See Appendix, Ord. 22573 lloS running without license, misdemeanor 1030 2175 decision upholding ordinance article — See note to heading Chap. 31, Art. 7 1030 water-rates In 1103 24S7 defined In water-license article 1105 2490 BOARDING STABLES— See Livery Stables. BOATS— See Harbor: Wharf; Harbor and Wharf Commissioner. where to moor C43 352 unemployed, where to moor C44 353 in danger, may be required to move C44 354 proceedings where are wrecked < .„, „,j» sinking or wreckage of wharfboats, landings, etc 651 3S2 grounded, penalty 644 350 name to be painted on 644 357 steamboat to have preference in landing 645 358 Harbor and Wharf Commissioner to set apart landings for 045 359 lying over night, how secured 640 304 casting loose, when on fire 040 365 Commissioner to make report of tonnage, arrival, departure, etc. 649 373 failure to pay license due on 050 377 ferry — See Ferries. f 740 ^"^1 not to land persons with epidemic disease, etc., when •; _,. ' not to bring into city corpses of persons dying of certain diseases 744 S4f> not to bring paupers or insane poor into city 750 ■ ■ lotteries run on — See note to Sec. 1529 S75 certain ordinances to be posted on SS9 li.ni emission of dense smoke from steamboats prohibited S93 1620 harbor boat, operating 994 2013 privileges of, on ponds in parks for hire, may be let 998 2027 dealer In steamboat tickets is railroad ticket broker 1043 2232 railroad and steamboat ticket brokers — See Kailroad Ticket Brokers. steamboat runners or agents — See Runners. BOILER HOrSES— See Buildings. BOILERS— See Buildings: Boilers and Elevators. installation of, and requirements concerning 586 150 in theatres — See Theatre. 106" '•■J19 BOILERS (STEAM) AND ELEVATORS— ... ( SOS 1509 inspection of, mayor appoints '11066 '>323 qualifications 1066 2323 iosector of, appoints seven deputies, quallflcatlons 1066 2324 1178 . INDEX TO REVISED CODE OR GENERAL ORDINANCES. C Index to Charier and Notes, pp. 463-542. J Index to Sclieme, pp. 279-286 ( Index to State Laws for St. Louis. up. 22o-25G. BOILERS (STEAM) AND ELEVATORS— Continued. i-agk. sf.c, inspector of, appoints clerk and assistant clerlv. Ijond 1066 2325 inspector and deputies, tenure of office 1066 2326 assistant boiler inspectors, how appointed, removed, etc 1066 2327 Board of Engineers, appointment by Mayor t ^?.nf ???? I. obo louy Same ; qualifications 1066 2328 inspector of, duties, what and how often to inspect, record 1067 2329 inspector of, to be Secretary of Board of Engineers 1067 2329 notice of inspection of boilers ten days in advance 1067 2329 manner of boiler inspection, frequency, certificate 1069 2330 inspector of, and Board location and furnishing of office 1067 2331 sessions Board of Engineers, duties, powers 1068 2332 same, hear applicants for licenses as engineers, grant and revoke certificates of license, etc 1068 2332 application and examinations for license as engineers, etc 1071 2348 decision sustaining ordinance requiring examination and licens- ing by Board, (see note to heading of Chapter 35, p. 1066, also to sec. 2332, p. 1068). appeals from decision of Inspector of, to Board of Engineers.... IOCS 2333 when unlicensed ])ersons permitted to act, permit how and from whom obtained, etc 1068 2334 person in charge of boilers, to have license certificate displayed. 1068 2334 unauthorized person in charge of boilers, misdemeanor IOCS 2334 inspection of boilers, regulations, violations misdemeanors, cer- tificates 1009 2335 reports of boiler insurance companies 1069 2335 inspection of boilers, certificates, fees allowed, returns made 1070 2336 blanks, manner of issuing 1070 2336 ( 2336 \2337 inspector of, salary and bond 1070 2338 bond of deputy inspectors 1070 2339 bond of assistant inspectors 1070 2340 deputies devote entire time, — salaries 1071 2341 bond and salary of clerk 1071 2342 ins|)ector responsible for clerk 1071 2342 bond and compensation of Board of Engineers 1071 2343 comjiensation payable out of what fund 1071 2344 qualifications members of Board and Deputies 1071 2345 misconduct of inspector, deputies, or assistants, misdemeanor, forfeiture 1071 2346 what are exempt from provisions of article on 1071 2347 licensed engineers to give notice of change of employment 1072 2349 application for renewal of license 1072 2350 owners or builders of boilers or elevators to notify Inspector of, and submit plans, get certificate 1074 2363 to be operated by competent employes 1074 2364 violation of article, misdemeanor, general penalty 1075 2365 certificate of Inspector of, to be posted, failure is misdemeanor, fire to be drawn 1072 2351 licensed engineers to make semi-annual reports to Inspector of, penalty for failure 1072 2352 expenses of department of, how paid and audited 1072 2353 duties of owners before setting up or repairing boilers 1072 2354 boilers to have plugs. — regulations — duty of Inspector of 1073 2355 ins])ection of all elevators by Inspector of 1073 2356 inspection of elevators, duties of owners 1073 2357 certificate of inspection of elevators to be in view 1073 2357 inspection of dumb-waiters not required 1073 2358 fee for certificate inspecting elevator, and how paid 1073 2359 elevators operateri without certificate, misdemeanor 1074 2360 defects in elevators, notice of by Inspector, not to be used until, etc 1074 2361 Inspector of, to make returns and reports 1070 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1179 (Indfx to Charier and Soten, pp. 4ti;t-r)42. ImU'X to Schfme, pp. 279-286. Iiulcx to atatf Laws fur St. /..oi(i«,i)p.22G-25C. BOILING INFLAMMABLE SUBSTANCE— where not permitted BOND— reniuiu in custoily of Register same — except Register's l)oiul with Comptroller for wharf boat flat, float or other landing at wharf before issnance of ferry-license suit on. of ferry-keeper, who may bring for permit to cut ice for permit to remove carcasses before using carcasses of dead animals with contracts for construction, reconstruction or maintenance of streets and highways, see oelow; also Streets ami High- ways. with contracts for street-sprinkling on permit for underground wires, ducts, conduits, cables, etc.. what is breach of. for conduits, wires, etc by companies obtaining privileges of article on electric wires, tubes, conduits, etc., to observe regulations and pay required percentage of receipts, etc with contract for city streets lighting with contract for city streets lighting in southern St. Louis with contract for city public buildings lighting (re|)ealed) with contract lighting public buildings under new ord. (appendix, ord. 22S7S; of telephone companies before using streets for wires, etc In contract for disposal of garbage for ball, in police courts city appealing from police court need not give when defendant appealing from police court may deposit fine and costs in lieu of of market-masters Mayor may order renewal of, when Mayor to execute all appeal or other, for city Police Justice may require of vagrant from officers Mullnnphy Emigrant Relief Fund of plumbers or draiulayers of porters PAOB. HKC. 611 223 lOOG /20C2 20C8 lOOC 20CS G50 378 6.^.1 382 G32 384 651 382 658 41C 659 421 690 5ti8 715 C79 715 G82 for licenses for vehicles (now repealed). 772 1077 782 1102 ( 783 110.-. I 784 1107 788 1125 79ri 11 GO -9i; 11 <;.=•. 79,S 1175 1H7 Mil 1192 804 120:; ( 822 127.-. \ 827 1299 828 130G 829 1310 855 1434 Sir? 1 49S 8i;8 1507 897 lrt3i; 903 If.iM 92.S 1794 932 ISii.-, ' 1S17 938 to ( 1820 9C4 1S97 of rallrcad company using another company's road from |>ersons making attachments with, or altering, repairing. etc.. pipes of water-works 1107 J.'."! of i)ortable scales, city weighers 112^ to secure contracts for public work 9.^7 ■ - same — conditions of bond 987 ll»8» same — decisions on who may sue, and for what, see note to sec. 1989 9S7 of auctioneers 1020 212S of horse auctioneers 1021 by manufacturers, before license. condltlonH. etc 10.'!;: by rnercli ' ' " ' fc ■ !"'' _.i>l from pau ve ordinances ■ .'211 of runnels mm i.v •.i,-, iiwi,-ia, etc l"*.'. 224o of vault cleaners. - 1050 22C7 Collector may take ... ,>1 -'391 sales of, to be reiiorteil to auditor 10s2 2392 coupon, may be exchanged for registered, how loS3 2390 contents and form of registered 10S3 2397 transfer of registered, cancellation, new registered to issue 1083 239S how principal and Interest of registered bonds paid 10S4 2399 cancellation of. how accomplished, preserved by whom 10S4 2400 register to keep book of Register of city bonds lOSS 2424 payment of proceeds into treasury 1092 2439 Assistant Treasurer to notify Comptroller each day of, or couiwns, paid that day 1094 2442 St. Louis Water Bonds"— sinking fund 1113 252S sinking fund, how Invested by Fund Commissioners 1113 2529 fund for Interest on water-bonds 1113 2530 renewal, authorized, ord, 22.SG5, ap|)«ndlx 11C2 BONE niRNING. ETC.— when nuisance, see Xuisance. BONE FACTORY— See Factory. BOOKS— of officials — See names of officials, of public library — See Public Library. 1182 INDEX TO REVISED CODE OR GENERAL ORDINANCES. ( Index to Charter and Notes, pp. 463-542. i Inde.x to Scheme, pp. 279-286. (. Index to State Laws for St. Louis, jjp. 225-25G. BOULEVARDS— pagk. [For Items equally applicable to other highways, see Streets and Highways.] ordinances for, to be prepared by Board Public Impts 968 BRAKES— on street cars — See Street Railway Cars. BRAND— burning, how carried in streets 612 BRASS KNUCKLES, ETC.— carrying is misdemeanor .,.:.. S79 BREAD— adulteration of 6SS BRICK— See Buildings. quality of in buildings '570 wetting, when and when not 571 walls, thickness of .571-572 piers, etc 572 stories, etc 573 BRICK-KILNS— 704 not to be opened or operated without ordinance Aoc- decisions respecting, see note to see. 625 704 BRIDGE— over Mississippi — note to sec. 345 636 rate of speed over, violation misdemeanor 883 speed section to be posted on 883 to what, ordinances apply 883 BRIDGING — See Biiihlings; Excavations. BROKERS— of stocks and bonds when must have auctioneers' license, see Auctioneer. financial, require license 1021 mining-stock, license 1021 amount of license 1021 or financial agents, defined ......' 1022 posting of licenses to 1022 licenses not to issue to whom 1022 penalty violating article relating to 1022 merchandise, defined 1023 merchandise, and all assistants and agents, require license 1023 penalty doing business as such brokers without license 1023 house and real estate, see Real Estate Agents. railroad and steamboat ticket, see Railroad Ticket Brokers. BUILDINGS— See Public Buildings — Commissioner of Public Buildings. to be inspected 555 governed by new building ordinance or code 556 not to be altered or enlarged without prior inspection 557 a'teration or construction to conform to ordinance 557 recovistruction of buildings damaged by fire 557 not to be constructed or altered without permit 557 plans and specifications for, to be filed 558 plans and specifications for, shall show what 5BS plans and specifications, approval of 558 alteration of plans and specifications 559 permits for, extension, cost, revocation, etc.: see Permit. fee for inspection of 560 duty to notify Commissioner when ready for inspection 560 1913 227 ( 1548 \ 1549 552 84 85 86-93 94 95-96 625 626 1570 1571 1572 2137 2137 2138 2140, 2142^ 2143 2144 2147 2148 2149 38 41 43 44 45 42 46 48 48 49 50 55 56 INDEX TO REVISED CODE OK OENEUAI. OUDINANCES. 1183 {Index to Chiiilrr ami Xotfn, pp. 4G3-r>42. Indt'X to Nc/ifiiif, pp. 279-:i8ti. Index to Stale I^aics for St. /.uiijx.pp. 22&-23G. HI' I LUINCS— Continued. ivvtiE, sEC. no kiihlns. plastering or sheatlilnK on, nntll lertlllcale from HI'k. Coin'r. Klven SCO 5C alleriitlcns, niovinK or tearing down &61 37 right of Board of Appeals to enter 5C2 60 definition of terms in ordinance affecting 502 61 what are. of first, second, third and fourth class 562 61 Hrst class, must be constructed how 563 62 what, must be first class ; 563 63 what are second class 504 04 what are third class 504 05 fourth class, not allowed in fire-limits 565 06 tire limits defined 505 CO Iron-clad, in fire limits 505 07 frame, inside fire limits 560 CS fourth class, where permitted 567 69 materials used in, recpiirements 567 70 limit of height of 567 71 excavations for, see Excavations. ground test before erecting 5CS 74 loads to be carried by the soil 568 75 piling 568 76 foundation of, what required 569 ' 77 ground dampness, or water, must be drained 569 78 retaining walls, requisites of 509 79 footings .'•69 80 materials for walls 570 81 concrete 570 82 same — new ordinance No. 23013 appendix 1134 mortar in, quality 570 83 ' brick work and bond, quality .■)70 84 wails of brick, quality 570 84 brick, when wetted 571 85 thickness of brick walls in / ,-, ,„„ ( 5i4 103 walls in, supporting trusses 571 87 walls in, with openings, bearing walls, thickness 571 88 recessee and chases 571 89 walls with air spaces and hollow brick 572 90 restriction on use of timber in walls ^. 572 91 non-bearing walls in. n\ay tie of reduced thickness 572 92 thickness of curtain walls in 572 9;l brick or stone piers, bond and caji plates in 572 94 height of stories In 573 9."» brick walls for one-story 573 9G stone ashlar, terra cotia and metal facings In 573 97 party walls existing in. may be used 573 98 party walls to be carried above rooting 574 102 Increasing height of existing walls in 573 99 walls of. not to be carried up in advance of others 574 100 piers In. how anchored 574 100 walls and l>eams to \te braced 574 101 parapet Are walls and copings 574 102 brick walls for dwellings, lodging and tenements 574 103 slated walls and gables In 574 104 flre-proof walls for light and vent shafts 674 105 height of hollow tile partition walls, etc 575 106 partition walls in 575 107 partitions and wall furring In 575 108 flre-proof partitions in 5J» '"* flre-slops in partition walls, etc 575 109 wall to be plastered back of wainscoting 57C MO ceiling of cellar or basement, how to Ih- plastered 570 111 ceilings, partitions, lathing, lime, coats, .'tr . spe ord. 22718. In appendix "22 roofs of. regulations, concerning... 577 112 1184 INDEX TO REVISED CODE OR GENERAL ORDINANCES. { Index to Charter and Notes, pp. 463-542. Index to Scheme, pp. 279-286. Index to State Laws for St. Louis, pp. 225-256. BUILDINGS— Continued. p.\ge. sec. roofs of contiguous 577 113 mansard roofs defined, fireproof 577 114 repairs and renewal of roofs In 57S 115 metallic leaders from roofs on 57S 116 draining water from roofs of 57S 116 cornices on 578 117 t 578 118 balconies in, may extend how far J 812 1243 [ 777 1092 bay or oriel windows, regulations concerning 57S 119 show- windows, regulations concerning 579 120 signs on or attached to, regulations concerning 579 121 towers, dormers and spires on top of 579 122 pent houses on, how constructed 580 123 water tanks on 580 124 least thickness of wooden beams in 580 125 joists to be covered during construction of 580 126 in construction of, workmen to be protected 580 126 wooden beams in party walls of 580 i 127 ends of beams to be beveled 580 128 bridging of joists in 580 129 anchoring walls to joists, girders or beams 580 130 wood work or beams near flues 581 131 trimmer or header beams in 581 132 stirrup irons 581 133 cutting beams for pipes, in 581 134 gas and water pipes in 581 134 , stairways in mercantile and manufacturing 581 135 stairways for hospitals, asylums, schools, halls, etc 582 136 stairways in hotels, lodging and tenements, etc 582 137 scuttles, bulkheads, ladders 582 137 fire-escapes in 583 138 stand-pipes in connection with fire escape 584 139 stairways and fire-escapes to be kept unobstructed 584 140 fire-doors and shutters necessary when 584 141 shutters, how arranged 584 142 inside fire-doors 58S 143 fire-shutters and doors to be closed at night 585 144 sewer-connections in mercantile or manufacturing 585 145 fire-places, chimneys and flues in \ -c- •, j^ supports for chimneys in 586 148 fire-places and hearths in 586 149 boilers, furnaces and ovens in 586 150 stoves, ranges, ash boxes, etc 587 151 smolve-pipes, hot air pipes, registers, steam-pipes in 587 153 boiler rooms, coal or fuel rooms, in 588 155 boiler houses in 589 156 cupola furnaces for foundries, chimneys what 589 157 burning of gas in 590 161 gas-fixtures in 590 162 gas pipes and fixtures to be kept in order by whom 590 163 hatchways, well holes, hoist ways, etc., to be guarded 590 164 haichdoors for Elevators and Hoistways 591 167 inclosures of elevators in mercantile and manufacturing 591 168 elevators in connection with stairways 591 169 elevator shafts grated at top 591 170 dumb-waiter shafts 591 171 sky-lights' over elevators 592 172 strength of floors and roofs in, required 592 173 same — respective loads of diiterent classes of buildings 592 173 strength of floors to be computed 592 175 notice posted of strength on each floor of mercantile or numu- facturing 593 176 columns in 593 177 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1185 f Index to Charter ami Xotes, pp. 4G3-542. } Iilde.x to Srhrmc, i)|). l'T9-2S(). I Index to State Laics for S(.Z,OHis.pp.225-25C. BLILDINGS— Continued. P„;e, „,,p_ loails on columns In 593 ' yj^ loads on girders In 593 J79 loads on beams in 594 jgQ factors of safety, allowable unit stresses in 594 isi restriction of door areas in ; 595 132 unrestricted floor areas in 595 133 same — when stairs and elevators open 595 I84 skeleton construction of 596 185 exterior walls of skeleton 59C I8G wind pressure on skeleton 590 187 construction of skeleton, to conform to standards 596 188 fire-escapes, rope ladders in hotels and boardiuK houses 590 1S9 posting notice of compliance with llreescape ordinance in '><)' 19o watchmen In hotels, lodging houses to guard against flres 597 191 height of rooms, ventilating skylights, windows, etc., in hotels, apartment houses, etc 598 194 used as theatre or opera house — See Theatre. stairways, exits, aisles, curtains, stage, etc., In theatres — See Theatre. doors of all public assembling, to swing outward 608 212 aisles not to be obstructeil — See Ohxlnictioii.^. for private hospitals, lying-in homes, etc., regulations, see ord. 2299S In appendix 1142 . .1 i. 1 r fii'9 216 unsafe, notice to remove or make secure .' ,.,„ " " I 010 217 unsafe, cost and procedure to remove or secure 609 216 condemnation of unsafe 609 21G agent or owner shall not rent or lease unsafe, after notice GIO 218 commissioner may enforce any provision in building code. how. . 611 219 costs of enforcing building code, lien ou, etc 611 219 boiling Inflammable matter for 611 223 cleaning and burning out of flues and chimneys in fil2 231 G13 233 kept in what | g,3 ,34 concrete, etc., new ord., see ord. 23013, appendix 1134-1138 .. ., u . ,. 1 . t I G43 349 beyond wharf line unlawful ■. g^, ~cq for cow-stables and dairies — See Dairies. vaults under sidewalks from — See Vaults. vaults, jirivies, water-closets In. see Yaiilt.i. Privies and Water- Closets : also Scicers. used as tenement houses — See Tenement Houses. used as boarding or lodging house — See Lodging House. used as hotels — See Hotels. temporarj- occupation of highways or streets while erecting— See Streets and Highways. rubbish from burned 768 929 on property condemned for street, etc., purposes, sold by Marshal 768 931 down pipes, or spouts on. soil or waste pipes In. etc., see Pipes. sewering and plumbing— See Sewers: Plumbing. Independent structures at markets forbidden 861 1469 what shall not be erected at markets 8C1 1470 letting for bawdy houses— See BawdyBouses. letting for gambling or lottery— See Oambling; Lolteriei. damaging public, see Public Property. ^^^^ ^^^^ water-connections for erection of . . \\\n 2617 use of water for. being erected J|"2 2486 water rates for different kinds of ""•* -*^ ' 1186 INDEX TO REVISED CODE OR GENERAL ORDINANCES. { Index to Charter and yotes, pp. 463-542. Index to Scheme, pp. 279-286. Index to State Laws for Sf.Loais, pp. 225-256. BUILDING CODE — p.*.ge. sec. See Buildings. violations of, see Misdemeanor. definition ol: terms used in 562 61 provisions of how enforced by Commissioner 611 219 costs of correcting violations of,, how paid 611 219 violations of, to be reported by police 611 220 BUILDING COMMISSIONER— See Commissioner of Public Buildings. BUILDING MATERIALS— See Buildings. on streets, etc. — See Streets and Highways; also Obstructions. BURIAI^- duty of coroner concerning — See Coro7ier. of dead animals — See Dead Animals. certificate for, to be signed by registered physicians / -^2 597 without proper certificate, penalty .; „,« 001 certificate for, where no attending physician 742 828 none without reporting death and obtaining permit 743 829 ( 742 827 by sextons, overseers, etc., what required -j 743 830 (. 747 858 f 743 832 by sextons, etc., failure to make proper report, penalty ■, „,, „„, form of blank certificate for 744 836 removal — See Dead Body. violation of article on mortuary records 744 839 intering and disintering bodies, etc. — See Dead Body. authorized in w'hat cemeteries, etc. — See Cemeteries. body to be buried how deep 747 854 when Health Commissioner may require 748 861 of body when required, penalty for refusal 748 862 delayed, duty of police, etc 748 862 processions S79 1547 BURIAL GROUNDS— See Cemeteries. _ BUSHEL— standard established 1117 2547 See Weights and Measures. BUTCHER— See Meat; Meat-Shops. when guilty of nuisance < r-n-< gna stalls at markets — See Markets. may be meat-shop keeper, see note to sec. 1473 862 and meat shops — See Meat Shops. BUTTER— how sold — See Markets. products of milk, etc 675 49S See Milk. c CABLES— for electric contrivance in streets — See Electric Wires. Tubes, Conduits and Cables. CABS— See Vehicles. CALVES AND SHEEP— See Animals; Cows; Cattle. INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1187 f Iiult'X to Chailfi- oil,; Sutc.s, \t\>. 46a-r)42. Index to Scheme, pp. L'TJl-l'SC. Index to Stale Laus for St. Louis. \ny.22o-2aG. \ SKC. CANDLE FACTORY— See Factory. CANDY, ETC.- r^oP^ adulteration of misdemeaDor jgg 555 CARCASS— See Vead Animals. CARRIAGES— See Vehicles. CARONDELET I'ARK- See Parks. CART— See Vehicle. CARS — See Street-Railivay Vars; Steam Railroads. CATTLE— See Coics. hours for driving through streets 883 1574 decisions on right of city to regulate, see note to sec. 1574 884 regulations concerning driving of 884 1575 police to assist marshal to impound 884 1570 exceptions to cattle driving ordinance 884 1577 not to run at large, taken by marshal 885 1578 fl578 provisions as to impounding, estrays, selling, etc 885 \ to (1581 loose, prohibited within certain distances of parks 997 :fll2:! live-stock not to be sold at auction on street 1021 2134 horse and cattle dealers — See Horse and Cattle Dealers. CEILINGS— See Buildings. CELLAR— deflnition of. in building code 5C2 01 definition of. in nuisance article 706 029 doors, in sidewalks, to be closed and secure..." 806 1214 decision on accident falling In, note to sec. 1214 806 CE.METERIES— burials in — See Burials. sextons in, requirements of — See Burials. f 743 .S30 sextons of to make what reports, etc -j to to I 741 835 note of decisions and references on, see note to sec. 847 "4i; which, are authorized as legal 745 847 limits of. not to be extended 746 848 private, must be authorized by ordinance 746 849 .,■■„.■. .u . 1 (746 850 burials allowed only in authorized •; .,„ ^-J disinterments from, when required 740 852 disinterment, etc. — See Dead Body. in charge of sexton 717 s:.:? burial of body, regulations — See Burial. injury to property of. or to gravestones, tombs, etc 747 S5C general penalty clause for vlnlaHnns of article 747 s.'.s article on. how construed. "48 800 CEREBRO-SPINAL FEVER— See Coji/aj;iou» or Infectious Diseases. CERTIFICATE— from nuilding Commissioner — See Commistioner of Public Build- ings. of election of coroner 614 240 1188 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Charter and Xotes, pp. 463-542. Index to Sriieme, pp. 2T9-2S6. index to State Laivs for S?. Louis, pp. 225-25C. CERTIFICATE— Continued. p.^ge. for inspection of factory 623 ( G33 I G33 for measuremeut of firewood ; 633 I 633 I 633 for milk vendors registration 674 to practice medicine or surgery f '^J: ( 720 1 • lo ''20 for burials „ . . I (44 t. 747 ^ 72S to insanity of persons i death, by physician 742 death, where no physician attended 742 burial without, penalty 743 bringing in body without 745 for cremations 749 for house-numbers from street commissioner 77G C 790 o# persons authorized to work on electric contrivances, etc J 790 i 790 for smoke-inspectors S94 for dog-tax, when paid S9S for plumbers, see appendix, ord. 23007 1150-1153 for drainlayers 926 1' ( 9''6 for journeymen plumbers, drainlayers or sewer builders .^n from Mayor for Public Porters' license 932 from B. P. I. as to street-car fenders 95S from B. P. I. as to street-car brakes 959 of election of Recorder of Deeds from Register 1003 blank, issued by Register 1006 of election from Register to Collector 1055 j' 1072 of Inspection of boilers M 069 I, 1074 of license to engineers from Board of Engineers ■■ .^gg of inspection of elevators ' '. operating elevator without, penalty 1074 |-1114 . irom Inspector of Weights and Measures -.' 1115 ( 1116 blank for Inspector W. and M. from Comptroller 1116 for weighing articles on private scales, coal, etc 1120 bringing and selling without proper, misdemeanor 1122 of weight of wagons, etc 1123 to persons having weighing done 1124 dealing without weighing prohibited 1125 persons issuing unauthorized certificates 1126 . of measurement for lumber 1130 .SEC 280 323 324 325 328 330 494 698 699 701 702 836 858 755 763 827 828 831 841 865 to 867 1086 1134 1136 1137 1624 1640 7SS-1789 17SS 1796 1S05 1S74 1875 1876 ( 1877 \ 1878 2048 2063 2288 2351 2330 2335 2363 2332 2334 2357 2363 2360 2533 2537 2541 2541 2558 2564 2566 2570 2572 2577 2596 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1189 Index to Charier and Xotes, pp. 463-542. Iml.'X to Srhemt;, pp. 279-286. Index to Stale Laws for St. Lou Is, pp. 225-256. CESSPOOLS— PAOE. sec. when forbidden 10C2 2313 required, where sewer inaccessible 1063 2314 See Sewers: Vaults, Privies and Water-Closets. CHANGE OF VENUE— in police courts — See Police Courts. CHARCOAL— . , (633 331 how measured .| ^^^8 ,.^3 inspection of measures of 634 332 violation of chapter on, misdemeanor 634 333 fees for measuring 1115 2538 CHARITABLE INSTITUTIONS— See Foundlings ; Cummissinncrs of Charitable and Penal Institu- tions: and see under the respective institutions, such as City Hospital. Female Hosiiital. Uispen.sarie.i, Jail, ^'orkhouse. In- sane Asylum, Poorhouse. St. Louis Industrial School, etc. CHASES— See Buildings. CHEMIST— See City Chemist. CHICKEN-POX— See Contagious or Infectious Diseases. CHIEF— of flre department — See Fire Department. of police — See Police. CHILDREN— See .yiinors: Foundlings. CHIMNEYS- See Buildings. regulations concerning 685-5S6 146-14S cupola furnaces in foundries to have what 589 157 regulations as to height 589 158 Building Commissioner may raise 589 1.19 cleaning and burning out of 612 231 not to be used as sewer or waste-pipe ventilator 1064 2314 CHURCHES — See Buildings; Religious Worship. CHOLERA— See Contagious or Infectious Diseases. CIRCUS— side-shows to. defined 1051 2271 menageries deflned 1051 2271 license, amount of, for circus, sideshows, menagerie, etc 1052 2274 ( 1052 2275 other license provisions \ to to I 1054 2285 CISTERNS— See Wells and Cisterns. CITY ATTORNEY— to be assisted by clerk Police Court 821 1273 all notices and process against city In Police Court ca«efl to be to 827 1302 In absence of. court appoints person 827 1303 or assistant, to make affidavit for city 828 1304 may appeal for rlty, etc.. from Police Court 828 1306 for court south of .\r8enal, salary, etc 831 1320 qualifications of r '>35 1336 1190 INDEX TO REVISED CODE OR GENERAL ORDINANCES. ■ Index to Charter and Xotes, pp. 463-542. Index to Scheme, pp. 279-2SG. Index to State Laws for St. Louis, pp. 225-256. CITY ATTORNEY— Continued. page. assistant City Attorney, appointment, duties / „„i? duties of City Attorney and assistant, in general S36 where to lieep offices 83G to mal,-. ',' duties anfi control of Associate, Second Associate and Assistant. 842 1370 duties of Chief Clerk, Clerks and Assistants, see appendix, ord. 23038. amending R. C, sec. 1371 1149 duties of stenographers, see appendix, ord. 23038, amending R. C. sec. 1372 1149 commissioners in street openings to meet In office of S42 1373 special counsel, when and how employed, to assist, or represent city 842 1374 when may employ additional stenographers, compensation 843 1375 appointed by Mayor 86S 1509 one of bond examining board 907 1682 to prepare l)lanks for city contracts 1082 2395 CITY DISPENSARIES— See Dispensaries. CITY FORESTER— office of created 812 1247 appointment, term, tenure 812 1248 qualifications of 813 1249 duties of. in general 813 1250 under control of Street Commissioner 813 1250 duties concerning trees, etc — See Trees duty of. to keep record. 813 1251 1192 INDEX TO RETV'ISED CODE OR GENERAL ORDINANCES. Index to Charter and Notes, pp. 463-542. Index to Scheme, pp. 279-2S6. Index to State Laws for St. Louis. pT).225-256. CITY FORESTER— Continued. page. salary and bond of S13 employes In office of. appointment, tenure, bonds, salaries 813 provisions respecting trees — See Trees. permit from, for doing anything connected with trees — See Trees. interference with department of, misdemeanor 814 violation of article on. duty of police 814 article on, not applicable to trees or shrubbery on private prop- erty S14 CITY HALL— established, what offices located in 548 coroner's office in 616 factory inspector's office in 624 fire chief's office in 627 office of fire and police telegraph in 630 old, to contain First Dist. Police Court 816 office in, of Commissioners on Charitable Institutions 913 office in, of Boiler and Elevator Inspector 10C7 CITY HOSPITAL— two city fire-department men at ■' ^"^ under charge of Health Commissioner ' „„° \ i21 requisitions and accounts — See Health Commissioner. when medical students may visit 722 surgical operations in city hospital 722 clinical lectures, when forbidden 722 pupils of St. Louis Training School for Nurses, when admitted to hospital 722 when parents may nurse children at 722 rules for selection of nurses, superintendent, salary 722 nurses from St. L. Training School — See St. Louis Training School for Nurses. additional nurses, duties, salaries, ord. 22935 in appendix 1144 convalescent patients m?.y be required to labor 723 superintendent of 723 bond of superintendent of 723 salary of supei intendent of 723 duties of superintendent of 723 first assistant, qualification, salary, tenure 723 control over patients by superintendent 724 control over employes by superintendent 724 superintendent's time for; family board permitted 724 assistants to superintendent, qualification, duties 724 insane persons at, see Insane Persons. salaries of other officers and employes in 750 temporary help and salaries •; -g- superintendent appointed by Mayor -j i.,, superintendent to attend to treatment of sick prisoners at Work- House 922 sick or Injured Work-House prisoners to be sent to 923 CITY SURVEYORS— appointment, powers, duties 613 ,>T ■ * / 613 Mayor appoints -! ggg . ^ f ^614 bond of . gj , term of office and fees 614 f 976 in employ of street department i „-„ SEC. 1252 1253 1258 1259 1260 1 247 284 291 306 1263 1716 2331 285 2SS 450 707 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 728 872 874 875 1509 717 1764 1767 235 235 1511 236 237 238 1946 1948 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 119S f IntU'X to Charter nnd \otes, pp. 463-542. , IndfX to Srhimf, \i\t. 279-28r>. ( Imlex to Slate Laits /or St. Lohis. pp. 225-25C. CITY TREASIRER— See Treasurer. CITY WEIGHERS— See Weighers; Scales; etc. CIVIL ENGINEERS— See Engineers. CLAIM OR ACCOUNT AGAINST CITY— See Auditor: Bills. CLAI.M FOR DAMAGES— See Damages. CLERK— See names of respective chiefs. COAL — iwc.K. SEC. burning, on street how carried 612 227 landing places at wharf may be let tor 050 378 measuring by deputy Harbor and Wharf Com'r 650 402 not to be thrown on sidewallv or street SOS 1222 stands for sale of, where S53 1423 stands for sale of from wagons, wnere 945 •,cTa ( 1849 contracts for supplying city institutions with 1077 2374 fees for Inspection of, scales 1110 2540 fees for weighing 1124 256S tickets for, when measured by weighers on private scales 1120 2558 ( 1121 2562 regulations weighing, failure misdemeanor or breach of bond.. ■ ,,„X l-^Z 11.: J ^Ouo ( 1123 2566 decision as to city's right to regulate weighing of, see note to Chap. 40 1113 driver required to go to nearest scales on demand, penalty for false certificate, sale of wagon and contents, fine, etc 1123 2567 weight standard for measuring stone-coal 1125 2571 dealing in unweighed. prohibited { ll'O '576 I 11**5 ''573 frauds, short-weight, altering certlflcate, penalties i nor ^--4 COAL OIL— See Petroleum. COLLECTOR (RE\'ENrEt — to collect what wharfage fees, etc 656 403 to collect ferry license 661 435 to have special tax-bills for sprinkling 772 1080 bills for work done by work-house prisoners 920 1754 to receive certlflcate of election from Register 1055 2288 official bond, requisites, failure to renew creates vacancy, etc. . 1055 2289 collects all revenue, except water-rates 1055 2290 dramshop receipts excejited — see note to sec. 2290 1055 collections how paid to city treasury dally 1055 2290 what receipts for collections to show 1055 2290 to make rebate on tax bills 1056 2291 deputies of, appointment, discharge, number, authority 1056 2292 deputies of. collector responsible for. may take bond 1056 2292 books to show dally receipts and sources 1056 2293 duties of Register as to taxes on merchandise and merchants' licenses transferred to.... 1056 2294 salaries of deputies of 11i'> 2295 costs of office and salaries paid by. as provided by statute 1057 2296 one deputy to be notary public, no comi)€n8«tlon 1057 2297 certificates and duties as to weighing, etc 1120 2558 to enforce article on weighing scales 1127 2582 1194 INDEX TO REVISED CODE OR GENERAL ORDINANCEiS. { Index to Charter and Notes, pp. 463-542. Index to Svlieme, pp. 279-286. Index to State Laics /or Sf.Loais, pp. 225-256. PAGE. SEC. COLLECTOR. (LICENSE) — See License Collector. COLLECTOR (WATER RATES)— See Assessor and Collector of Water Rates. COLUMNS— See Buildings. in buildings, regulations concerning 593 177 COMMISSION MERCHANT— defined 1022 2145 license, amount, oath 1023 2146 penalty doing business without license 1023 2149 COMMISSIONER OP POLICE— See Police Commissioners. \ COMMISSIONER OF PUBLIC BUILDINGS— office of ■ 549 7 appointment and term 549 S qualifications of 549 9 bond of ..' 549 10 salary of 549 11 , , ,. „ f 549 12 general duties of i -,„ ,„ care of buildings under his charge 550 13 f 550 13 may appoint certain janitors and assistants ■, >_. .. , heating apparatus — engineers 550 14 approval of appointees; their removal 550 15 janitors and night watchmen; salary and bond 551 16 engineers and firemen 551 17 other employes appointed by 551 IS power of removal of employes by (note to Sec. 15) 550 duties of Fire Chief transferred to 553 27 deputy, appointment and qualifications 553 28 deputy, when to act for Commissioner 553 29 deputy, salary and bond 553 30 Chief Clerk, Assistant Clerk and Permit Clerk, salaries and bonds 554 31 same; amendment thereto — See Ord. 22778, Appendix 1132 Chief Inspector of, appointment, salary and bond 554 32 other inspectors in office of, salaries and bonds 554 33-34 examiner of plans, record clerk, stenographer, etc.. of 554 34 same; removal, qualifications, salary, bond 554 34 amendment to Sec. 34, Inspector of Plastering — See Ord. 22749, Appendix 1132 architectural draughtsman, salary 555 35 additional help, salaries 555 36 inspector requested by Fire Prevention Bureau 555 37 to inspect buildings being erected, etc.. furnish certificate 555 38 duties respecting department, enter buildings burned to ascer- tain if dangerous, etc 550 39 powers of, respecting construction or repairs, and approval of plans 55(> 40 permit asked shall be acted on in three days 556 40 ( 556 42 permit from \ 557 46 I 558 47 to inspect all buildings before alteration or enlargement 557 • 43 may require filing of plans and specifications 558 48 f 558 49 pow'ers respecting plans and specifications <. ^'-a cq revocation of permits by, extension of permits by. cost of per- mfts, etc. — See Permit. to be notified when Iniilding ready for inspection 500 56 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 119u f Index to Charier ami XoltH, \>\t. ^6:'.■0^2. ■! Index to Srln-ine, pp. 27y-L'!SG. I Index to Stale Laws for St. l.uiiis, pp. 225-25C. COMMISSIONER OF PUBLIC BUILDINGS— Continued. ii,,.. .sk'. to furnish certlUcate that work on building complies with Building Code SCO .50 application to. before tearing down or alterhiK building 5G1 57 appeals from rulings of oGl 58 Board of Appeals — See Board vf Appeals. detlnltion of terms 5G2 CI to judge of material used In buildings 5C7 70 may require ground test oCS 74 may require beams to be spaced, how 580 125 to determine location of fire-escapes 583 138 to determine mechanism of fire-doors and shutters 584 141 permit from, for boilers, furnaces and ovens 586 150 permit from, for stoves, ranges, etc / ^^' J.J to approve exits In boiler rooms or fuel rooms 5SS 155 may enter premises to raise chimneys and smokestacks 589 159 rights respecting gas-flxtures, etc afiii 103 to approve guards of hatchways, well-holes, etc 590 1C4 duty respecting hatchways, well-holes, etc 591 IC.o may revise computation of strength of floors 592 175 discretion respecting flre-escaiies 596 1S9 duty of. to Inspect and enter buildings used for theatres or operas 598 195 duty of Inspecting theatres 598 195 duty of. to Inspect theatres, etc COG 209 to furnish certificate to theatre of compliance with ordinances GOG 2('9 must first approve new theatre before licensed, procedure, etc.. G07 210 certificate for new theatre G07 210 duties and powers concerning bill-boards G08 214 duties and i)Owers respecting dangerous or unsafe buildings... C09 21G may require persons to enforce all provisions of Building Code.. Gil 219 duty of, to enforce building ordinances or code Gil 222 failure to enforce by, cause for removal of Commissioner or subordinate Gl 1 222 to designate'buildings where high combustibles are kept C13 233 application to, for cow-stable or dairy 681 518 COMMISSIONER OF SUPPLIES—" f 730 768 to purchase supplies for Insane persons at jail •! Iit77 2374 ( 1077 2375 f 91G 1734 to supply jailer ] 1077 2374 I H'77 2375 I 919 17,">0 to supply workhouse and keep separate account, when i 1»77 2374 ( 1077 2375 office created, how appointed Ifi75 23fiG qualifications of 1"'75 23G7 salary of 1075 23GS bond of 107.'. 23fi9 deputy, appointment, duties, salary 1<'7."> 2370 stenographer for, appointment, salary li>7.'i 2371 clerks, bookkeepers, etc., of. appointment, salary 1'>7G 2372 purchasing or contracting for supplies by 107C 2373 advertisement of letting, bids, bidders, deposits, rejection, return of deposits lOTfi 2373 formal contracts, approval of Mayor neces-sary 107C 2373 uiKulvertlsed contracts, approval of Comptroller nocessao' IC'C 2373 when and how to contract for supplying fuel, milk and Ice to city Institutions 1077 2374 same, for other si>erlfled food and pro4 inquest expenses, how paid 617 255 inquests and deaths to be reported by / _: ' t!?5 I 1 1 9 69.1 to file statement of fees 617 257 to control morgue 617 258 to make rules for morgue 617 259 to appoint Superintendent of Morgue 618 260 to appoint assistant and porter to Superintendent 618 267 report to Health Commissioner < " ° ^"^ expense account of morgue to be liept by 618 266 salaries of Superintendent, assistant and porter 619 268 pass on case where body brought into city without certificate. . . . 747 857 CORPSE— See Dead Body; Burial; Morgue; Coroner. COSTS— See Fees. -in Police Courts — See Police Courts. In Court Criminal Correction — See Court Criminal Correction. statement of, by Marshal 833 COTTON— regulations concerning j -,, regulations for removal of, from wharf 645 1331 232 234 360 COUNCIL— [This heading contains matter peculiar to the Council: for mat- ter equallv applicable to both Houses, see Municipal Assem- bly.] President of, see President of the Council. elections to, see Elections. officers of 844 duties of Secretary of the 844 duties of Sergeant-at-Arms of the 845 {845 843 Janitor for 845 control of Janitor 845 trial and removal of Mayor by 869 to elect Commissioners Mullanphy Emigrant Fund and fill va f 901 cancles on Board i 9^2 I 90,-, when Mayor to send to, his appolntmenta for conflnnatlon 907 1380 1383 1384 1385 137S 1386 1387 1512 1655 1656 1672 16S:. 1202 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Charter and Notes, pp. 463-542. Index to Scheme, pp. 279-i:86. Index to State Laics for St. Louis. pp. 225-256. COUNCIL — Continued. p.^ge. when to fill vacancy in elective office 908 special session of to try charges against elective officer 909 trial of elective officers suspended by Mayor — See Officers. removal of appointive officers by, see Officers. special session when called by Pres. Council to consider removal of appointive officer 910 removal of elective officer by on its own motion, conditions, charges, etc 911 assistant secretary of to act for Commissioners of Charitable In- stitutions 913 approval or proceedings respecting contract for public printing. . 999 confirmation or approval by. of Commissioner of Public Buildings 549 of members of Board of Appeals 561 f r.» c i 613 of City Surveyors < ggg of Factory Inspector 622 of members of Board of Health 663 of City Bacteriologist 667 of City Chemist 669 of superintendents of city health institutions 723 of Superintendent of Poor-House 732 of City Forester S12 of Police Justices and Clerks 819 of Police Justice South of Arsenal street S31 of Assistant City Attorney S35 of Associate City Attorney 837 of Associate City Counselor 839 Second Associate City Counselor 839 Assistant City Counselor 839 of contract for special legal counsel 842 of Market-masters 855 enumeration of other appointments of Mayor of officials to be confirmed by council 868 Board of Managers of St. Louis Industrial School, or House of Refuge S69 Smoke Inspectors 894 Jailer 916 Boiler and elevators. Inspector of \ ggg of Assessor and Collector of Water Rates 1095 Weighers of Scales 1119 Lumber Measurers, when 1129 COUPON— BONDS— See Bonds (City) etc. COURT OF CRIMLXAL CORRECTIO.X— has appellate jurisdiction from Police Courts S2S appeal from, goes to what court, See note to sec. 1306 828 collection of costs from city, in causes in 830 COURTS— Police, see Police Courts. Juvenile, See note to heading of Chap. 13 815 Criminal Correction, see Court of Criminal Correction. juvenile, see Juvenile Court. cows- See Milk: Dairies. ( 679 sick to be reported, removed, etc \ 680 I 685 stables where, are kept, requirements — See Dairies. inspection of — See Dairies and Cotv Stahles : Veterinary Surgeons. not to be kept in pen 697 dead, not to be buried in city "14 driving through streets, regulations — See Cattle. .SEC 1689 1695 1704 1706 1708 2036 8 58 235 1511 276 437 465 476 717 777 1248 1268 1318 1338 1344 1351 1354 1356 1374 1434 1509 1510 1622 1732 2323 1509 2448 2555 2591 1305 1313 509 512 530 586 670 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1203 t Index to Chartt'r and Sote.i, pp. 403-542. J Index to S. [ Index to State Laws for St. Louis, pp.225-2h6. COW-STABLES— page. sec. See Dairies; Cows; Milk. CREAM— See Milk. CREMATORIES AND CREMATIONS— must be authorized by ordinance 748 864 regulations for cremations 749 865 bodies brought into city for cremation, reputations 749 866 body not to be received at crematory without permit, etc 749 867 CROSSINGS— regulations for — See Steam Railroads: Street [{ailway Cars. CROSS-WALKS— See Streets and Hinhways. I)ermission to construct 758 902 CRUELTY TO ANIMALS— See Animals. CROrP— See Contagious or Infectious Diseases. D DAIRIES AND COW-STABLES— provisions concerning vending of milli, etc. — See Milk. sick cows or horses in. regulations / zlz^ ^;„ ^ DSU biz article governing 680 513 validity of ordinances regulating — See note to Sees. 513, 517 680-681 duty of sanitary officers of Health Department concerning 681 514 how to be kept 681 515 and milk depots to have milk-cooling facilities 681 515 sewer connections from -f .^^i „^:„ ( lUoo ^J19 obstructions of sewers by, when removed at cost of 1065 2321 permission to conduct to be obtained by ordinance 681 517 application to establish to Building Commissioner 681 518 regulations for constrvicting 682 519 same, alteration 682 520 when deemed nuisance — See y'tiisance. notice and hearing as to nuisance or violation of construction I)rovlslons 6S3 522 conducted as nuisances — See .Vi/i.snnce. veterinary surgeons as inspectors — See Veterinar]/ Surgeons. Inspection of cows in — See Velerinar]/ Surgeons. milk from diseased cows — See .Milk. connected with premises where contagious disease prevails.... 685 533 at poor-house, and provisions concerning — See Poor-House. DAMAGES— claim for, caused by Fire Department 629 302 action for — See Actions. In street opening cases, etc. — See Streets and Highicays. by sprinkling contractors to flre-plugs 770 1072 by horses loose or runaway — See note to Sec. 1558 88i to public property — See Public Properly. liability for, from fires, breaking sewers, gas and water pipes, delays, etc 961 1884 1204 INDEX TO REVISED CODE OR GENERAL ORDINANCES. f Index to Charter and Notes, pp. 463-542. i Index to Scheme, pp. 279-286. ( Index to jSiaie Laws for St. Louis, pp- 225-256. DAMAGES— Continued. page. for back-water from sewers, owner or tenant assumes 1058 for sewer work improperly done or without permit 1060 DANCING-GIRLS— ( S71 immoral, misdemeanor J ^'t DANGEROUS BUILDINGS— removal or securing of — See Bnildings: Condemnation. SEC. 2303 (2306 \ 2307 1518 1520 DANGER-SIGNAL— See Red Light. for excavations and obstructions in liigbwavs ' „"" for excavations or building piles in highways 7G3 for manholes and service-boxes of electric companies 790 breaking or removing is misdemeanor 790 when and how, by steam railroads 94S DAY— in city contracts shall be eight hours 619 DAY LABORERS— eight hours constitute day's work for city 619 in City Forestry Division 814 DEAD ANIMALS— r 714 burial of, in city limits prohibited J 714 i 714 l)urial of, disinterment of, cost 714 misdemeanor to bury, etc., penalty 714 duty of police to report burials of 714 duty of police and health employes to report carcasses 714 Board of Health to keep record of carcasses of 714 disposal of, duties of police, street department. Health Depart- ment, etc., under present ordinance — See Ord. 22oS0 in Appendix 1141 same, under code 715 on street, nuisance — See same Ord. 225S0 in Appendix 1141 on street, nuisance, when - l^n I. o99 carcasses not to be removed or used 715 permit for removal, conditions, etc 715 manner ef removal 715 r 715 not to be used for food, when s „-„ conditions for using or rendering 716 penalty for violation of article on 716 not to be thrown about market-places 859 924 925 926 1135 1138 1S57 270 269 1253 G70 671 672 673 674 675 676 676 684 598 678 679 680 682 1453 682 683 1454 DEAD BODY— See Coroner: Morgue : Burial. f 744 removal of, from city \ 745 (, 747 of persons dying of certain diseases not to be brought into town 744 physician's certificate to accompany 745 disinterment denied of corpses of persons dying of certain dis- eases 745 regulation for disinterment of 745 opening graves, or removal of, regulations 745 837 846 855 840 841 842 843 844 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1205 {Index to Charter and Sotes, pp. 403-342. Inde.K to .S'lhenif, p|). 279-2S6. Index to Slate Laws for S<.Z>outj, pp. 225-256. DEAD BODY— Continued. page. .skc. disinterment lequliea. where burial Is In unauthorlzeil ceme- tery or place 746 852 burial of — See Burial. cremation of — See Crematories. DEAF— See Board of Health. DEATHS— to be reported, etc., by Coroner — See Coroner. to be reiMjrted by Health Commissioner — See Health Cotn'r. registration of, and by whom 719 G9-1 to be reported by physicians, etc i '-\„ 2?^ I 74J Sj7 record of 719 G9G certified copy of record 744 838 penalty for failure to report, etc 719 C97 certificate of, by physician 742 827 certificate in case of, without medical attendance 742 828 DEEDS— See Recorder of Deeds. by city — See Mayor; Comptroller; Property; Register. DEPOSITIONS— in Police Court eases 827 1301 In trials of city officers by Council 910 1701 DEPOTS— See Railroad Depots; Wharves. DEPUTY— See the respective chief officers. DIPHTHERIA— See Contagious or Infectious Diseases. DISEASES— See Contagious and Infectious Diseases. advertising cure of venereal — See .Misdemeanors; also Advertise- ments. DISINFECTION— of premises, by Health Com'r, ordered on Sundays, holidays Br at night 667 462 same; how compensated for to employes 667 462 same; requires certificate of emergency 667 463 of residences from contagious diseases, etc 736 803 of books of Public Library 737 806 ,.,,11 ( 739 816 of rooms of consumptives, penalty for failure r .jjg ojy DISINTERMENT— of bodies — See Dead Body. DISPENSARIES— under the charge of Health Commissioner J 1^2^ *°^ requisitions and accounts — See Health Commissioner. duties of physicians at, as to insane — See Insane Persont. established by Health Commissioner 730 767 chief physician to have control of Insane In Jail 730 768 salaries of apothecaries at 780 769 may prescribe medicine to Health Commissioner for sick or Indigent persons 730 770 salaries of officers and employes at 760 872 temporary help and salaries at ' ,,r „„ y (01 o ( o private, regulations — See Ord. 22998 in Appendix 1142 1206 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Charter and Notes, pp. 463-542. Index to Scheme, pp. 279-286. Index to State Latvs for St. Louis. pp. 225-25G. DISTILLERY— discharge of foul liquids from DISTRICT ASSESSORS— for all provisions, see Assessment of Property. DISTURBANCE OF THE PEACE— decisions concerniug — See note to Sec. 1537... misdemeanor — See Misrlemeanors. PAGE. 697 877 SEC. 589 DOCKS— See Wharf; Wharfboats. DOGS— not permitted at markets SCO counterfeiting license-plates for 892 not permitted in city without paying tax or license 897 decision as to right of city to impose dog-tax — See note to Sec. 1637 838 _ amount of tax on 898 "tax-plates for. regulations, what to contain 898 delivery of tax-plates, certificate 898 owner to put collar on 898 when impounded — See Impoundinrj. penalty failure to pay tax 899 running at large, prohibited, unless muzzled 899 redemption of. from dog pound, fees, etc 899 when and how to be killed at dog pound 899 dangerous dogs, fining of owners for keeping, may be killed .... 900 defined 900 payment of fees collected for impounded 900 prohibited in parks, except under certain conditions 996 DOORS— See Buildings: Theatre. DORMERS— on buildings — See BinMings. DRAINLAYING AND DRAINLAYERS— See Plumhing : Seicers. drainlayers to be registered with B. P. 1 926 susijension or cancellation of certificate by B. P. I '. 926 authority of Board Pub. Impts. in general, respecting 926 Supervisor of Plumbing and Drainlaying — See Phimbeis. f 927 approval of drainlaying plans, etc 1 ^^-^ drainlayers under control of Supervisor of Plumbing 927 bonds of drainlayers 928 requirements and duties of registered drainlayers 928 journeymen and sewer-builders, certificate required, etc 929 deposit fund of registered, fees, inspection 929 f 930 permits for connections -, ^Q-g drainlaying defined 930 right of Supervisor of Plumbing to enter premises 930 penalty for violating i)rovisions on 930 action on bond of. for defective sewer work, cancellation of jj^g^j rights of, damages DRAINS— See Sewers. DRAMSHOPS— keeping lewd women in. misdemeanor 871 employing lewd women in, misdemeanor 872 permitting disturbances in, misdemeanor 878 1461 1618 1637 1638 1639 1640 1641 1643 1644 1645 164G 1647 1648 1649 2018 1788 1789 1790 1793 2303 1793 1794 1795 1796 1797 1798 2303 1799 1800 1801 ( 2306 1 2307 1518 1520 1539 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1207 ( Index to Charter and Notes, pp. 463-542. J Index to Kcheme, |)p. 279-286. [ Iiuie.x to State Laics for /S7. Louis. pp. 225-256. over bridges, regulations as to speed, posting, etc 883 ! SEC. DRA.MSHOPS— Continued. p.uiE. keeper of. selling to intoxicated person 878 1539 ordinance provisions concerning licensing, etc., of. how far superseded by State laws — See note to heading of Chap. 31, Art. 4 1024 authority of excise commissioner and decisions on — See note to Chap. 31. Art. 4 1024 keeper of. defined 1024 2150 decisions on definitions of — See note to Sec. 2150 1024 application for license [section superseded by State act] 1025 2151 license limited to place of business [now by statute] 102G 2152 license not transferable [now by statute] 1026 2153 merchants exempt from article [now statute] 1026 2154 amount of license [now statute] 1026 2155 number of licenses granted to be reported [now statute] 1026 2156 park restrictions against 1027 2157 same; amendment. Ord. 22S6S. Appendix 115S revocation of license, for what [now superseded] 1027 2158 not to Issue, for what places 1028 2159 intoxicating liquors defined 102S 2160 remonstrances, etc. [superseded] 1028 2161 obscene or immoral pictures or paintings in, prohibited 1028 2162 in houses of prostitution, prohibited 1028 21 03 violating article, misdemeanor 1029 2164 duty of License Commissioner to enforce provisions [super- seded ] 1029 2165 merchants' article does not apply to 1038 2205 DRIFTWOOD— stopping. In river 647 367 DRINKING FOUNTAINS— conditions for maintenance of 620 271 conditions for erection of 620 272 conditions for discontinuance of 621 273 when provisions inapi)licable 621 274 Humane Society may erect 621 275 attachments of public, with city water pipes IIOS 2508 other than — See Fountains. water rales 1103 2487 DRIVING— on sidewalk, misdemeanor S05 1210 animals into markets, forbidden S."i9 1454 fast or careless, or overdriving, heating, etc.. misdemeanor S81 1558 with bells, prohibited 881 1559 without bells when sleighing, prohibited 881 1560 rules of the road on highways 882 1561 rules of the road In parks 997 2022 (1570 to (l572 cattle through streets, regulations — See Cattle. overloaded or mutilated horses, etc. — See Animals. 996 2018 In parks, regulations ■! 99/ 2021 997 2022 DRrCGISTS- to be furnished list of physicians ■ ^^^Z .^^ how to label poisons 687 545 penalty for violation of ordinance relating to 688 550 not to practice medicine without complying with requirements.. 721 704 city, salaries "50 872 salary of apothecaries at dispensary 730 769 1208 INDEX TO REVISED CODE OR GENERAL ORDIXANCES. Index to Charter and Xotes, pp. 463-542. Index to Scheme, pp. 279-286. Index to State Laws for St. Lewis, pp. 225-256. DRUGS— , PAGE. ( 687 sale of what, forbidden J 687 1 68? which are poisons — See Poisons. adulteration of, forbidden 688 proposals for supplying city institutions with 1078 DRUNKENNESS— See Intoxication. SEC. 545 546 549 554 2378 DUCTS— See Electric Wires, Tuhes, Conduits, Cahles and Poles. city may purchase 783 1104 DUMB— See Board of Health. DUMB-WAITERS— See Buildings. shafts, how constructed.... inspection of, not required . 591 1073 171 2358 DUMP BOATS— See Harlior and Wharf Commissioner; Scavenger Dumps. DUMPS— See Scavenger Dumps. DUNNAGE BUSINESS— at wharf — See Wharf. DWELLINGS— See Buildings. DYNAMITE— regulations concerning 551 19 to to 553 26 E ELECTIONS— of Coroner 614 to fill vacancy in office of Coroner 015 to House of Delegates, in general S43 to Council, in general 843 of President of the Council 844 to fill vacancies in Municipal Assembly 846 to fill vacancy in office of Mayor 869 pi'oclamation of election to elect Mayor, when 869 special election for Mayor, when 869 by Council to fill vacancy in elective office, except in Mayor's office 908 special election to fill vacancy in elective office 90S special election to fill vacancy in elective office caused by removal on charges 909 of Recorder of Deeds 1002 to fill vacancy in Recorder's office 1003 to flu vacancy in Collector's office 1055 239 242 1376 1377 1380 1390 (1512 11513 (1512 \1513 1514 1689 1690 169S 2047 2050 2289 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1209 Index to Charter anil Notes, pp. 463-542. Index to Scheme, pp. 279-286. Index to State i/Oics /or St. Louis, pp. 225-256. ELECTRIC BATTERIES— i..\ge. license for, required, term 1029 amount of license 1029 penalty operating without 1029 ELECTRIC LICIHT AND POWER COMPANIES— provisions affecting electric apparatus, etc., of — See Electric ^yires. Conrluits. Tubes. Cables, Poles. percentage of receipts paid city for privileges, bond, etc 7S8 to guard manholes and service-boxes — See .\Janholes. Inspection of. by Supervisor of City Lighting 791 duty of, to admit Supervisor for inspections 792" duty of, to employ competent men, and take certain precautions 792 regulations governing conductors 792 to provide cut-outs 792 to use most approved devices 792 to use all precautions to prevent contact between wires in storms 793 notice to, to remove dead wires required unless nuisance 793 telegraph and telephone poles of — See Telegraph and Telephone Poles. telephone companies, conditions for using streets SOI ELECTRIC WIRES, TUBES, CONDUITS, CABLES AND POLES— wires of Fire and Police Telegraph Department 630 wires of fire and police telegraph may be placed free in private conduits 7S1 wires interfering with police and fire telegraphs considered dan- gerous 792 conditions of placing 778 decisions concerning use of streets for, and right of city and companies, respective, concerning — See full note to Sec. 1093. 778 manner of placing prescribed by Board of Pub. Imp 779 underground district, exception permit B. P. 1 779 provisions for Western Union and Postal companies — Note to Sec. 1095 779 ( 781 penalty for placing above ground in forbidden district i -gQ when obstruction, street-car trolleys excepted 780 permit from B. P. I. to construct and place under ground 7S1 consideration of manner of placing wires under ground by Board Pub. Imp 781 applications for, regulations, hearing, advertisement 781 f 782 joint use of. may be compelled i -g^ when persons and companies excluded from privilege of 782 permit for, on conditions, et« I L„Z permit for, when becomes void 785 no i)errait for. unless ordinances accepted •. . 785 city may i>urchase ducts or conduits, method of 783 to be maintained without cost to city, or breach of bond 783 city controls, may order changes, etc.: failure Is breach of bond-l -go streets to be restored In case of disturbance, penalty 784 work of construction, where are used jointly, etc 784 provisions not applicable to certain companies, unless, etc 785 when rights terminate 785 prices for services to customers 785 poles and fixtures for, when to be removed 786 restrictions upon use or lease of conduits 786 I 7SR city reserves right to repeal ordinances on •, -gg what may remain above surface, low tension, etc 786 ( 7fiR Immoral places not to be connected by i »gj SEC. 2166 2167 2108 1125 1U3 1U4 1145 1146 1147 1148 1150 1151 1192 312 1100 1149 1093 1094 1095 1098 1096 1097 1099 1100 1100 1100 1108 1101 1102 1119 1109 1110 1104 1105 1106 1124 1107 1108 1110 1112 1113 1114 1115 1116 1127 1117 1117 1128 1210 INDEX TO REVISED CODE OR GENERAL ORDINANCES. (• Index to Charter and Notes, pp. 463-542. *>__; J Index to Scheme, pp. 279-286. ( Index to State Laws for St. Louis, pp. 225-256. ELECTRIC WIRES, TUBES, CONDUITS. CABLES AND POLES— Continued. p.\f;E. application and plat to be filed by users of 7S6 permit to authorized companies, desiring to place 7S7 when wires may be placed on telegraph, telephone (etc.) poles 7S7 poles for to be placed in alleys, when 7S7 dimensions, construction and location of poles for 7S7 f 788 control of city over poles, wires, location, change of, etc -„, privileges of article on, conferred on what conditions 788 percentage of receipts of companies using, paid to city 7S8 bond for observing regulations and conditions for 7SS Iienalty for violating article on 7S9 reservation of rights to alter provisions, etc 7S9 f 789 permit for immoral places forbidden ] 789 ( 78G not to be used contrary to law 789 permit for illegal use. revoked 789 Supervisor of Lighting to cut down, when; interference, penalty 7S9 penalty for illegal use of 789 penalty for stringing without permit 789 police to enforce provisions on 7S9 removing cover of manhole, service-box, etc.. tor 789 registry and certificates, of persons authorized to work at wires, manholes, service-boxes, repairs, etc 790 same: certificate when revoked, and canceled <, ,1^^ manholes and service-boxes, how guarded, penalty 790 duty of police to enforce provisions as to manholes, service- boxes, etc 790 duty of Supervisor of Public Lighting to Inspect 791 regulations as to conductors, etc 792 cut-outs to be provided 792 when electric wires considered dangerous 792 all precautions to be taken to prevent contact between wires, etc. 793 dead wires to be removed on notice; no notice if nuisance.... 793 overhead permitted to contractor for city lighting, in supplying private persons 795 right of city lighting contractor to construct all 795 charge of city for use of streets by wires and poles 801 of fire and police telegraph — See Fire and Police Telegraiih Wires. Board Public Improvements to recommend ordinances for regu- lating, etc., conduits, wires, poles, etc 969 ELEVATORS— See Buildings. in buildings t6 have hatch-doors, etc 591 inclosure of, in mercantile and manufacturing buildings 591 in connection with stairways 591 shafts of, grating at top 591 skylights over 592 building, east of wharf line 643 Inspector of — See Boilers am! Elevators. inspection of — See Boilers (Steam) and Elevators. water connections for. regulations 1111 EMIGRANTS— relief to, from Mullanphy Emigrant Relief Fund ^^ ggj EMINENT DOMAIN— See Condemnation. EMPLOYMENT AGENCIES— See Intelligence Offices. SEC. 1118 1119 1120 1121 1122 1124 1106 1125 1125 1125 1126 1127 1128 1129 1117 1128 1129 1129 1130 1131 1132 1133 1134 1136 1137 1135 1138 1143 114C 1147 1149 1150 1151 1102 1162 1188 1913 167 168 1G9 170 172 349 2522 1668 1669 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1211 f Index to Charier and Xoti's, pp. 463-542. ' liult'X to Sclieme, pp. 279-286. I. Index to State Laws for tit. Louis.pp. 225-256. ENGINEERS— p.vr.K. in iiublio l)Mil(ilnKs. appointed !)>• Building Commissioner 550 at Four Courts, Court House, salary of, aud of assistant engineers 551 civil, appointed as city surveyors — See City Surveyors. in Health Department, salaries 750 See for other departments, etc., the names of the official or department in which employed. Board of — See Boilers (Steam) and Elevators. licenses to, how granted or revoked by Board of Engineers,... IOCS applications for licenses, regulations, etc 1071 regulations as to, in charge of steam boilers and elevators — See Boilers (Steamj and Elevators. licensed, to make semi-annual reports, failure, penalty........ 1072 ENGRAVERS— /■1051 provisions and regulations as to licenses by J to i 1054 deflnltion of 1051 ENTICEMENT— of girls, when misdemeanor — See Bawdy Houses: Misdemeanors. ENTRY INTO PREMISES— See Kight of Entry. EPIDEMICS— proclamation in time of, power of Mayor and Health Com'r. . quarantine In times of — See Quarantine. landings from common carriers coming from Infected parts.. ERYSIPELAS— See Contagious or Infectious Diseases. 70C S67 741 SEC. 14 17 872 2332 234S 2352 2270 to 2285 2271 C33 1501 822 ESTIMATE OF COST— See Public Work: Ordinances. when endorsed on ordinance by President Board Pub. Impts.... 971 1920 when made by B. P. I. on complaint that public work being defectively done 972 1925 ESTRAYS— See Cattle: Marshal. EVIDENCE— records of Health Commissioner's office presumptive 605 sprinkling tax bill prima facie 772 by deposition In Police Court cases 827 of ordinances, etc. — See reference in note to Sec. 1414 " 851 burden of proof in Junk-shop controversies 889 In trials for vagrancy 897 In trials of city elective officers before the Council 910 I 97'' on hearing of complaint of defective public work •" ^-o ( y t .f on hearing before Board of License Revision 1015 of payment of special sewer-tax bills 1059 proximity of weights and measures, etc.. to articles, use pre- sumed 1115 EXCAVATIONS— regulations concerning. In building 567 depth of. duties to adjoining owner 567 law as to — See note to Sec. 73 568 ground test respecting 568 452 1080 1301 1605 1635 1701 1926 1930 2112 2304 2536 72 73 74 1212 INDEX TO RE\aSED CODE OR GENERAL ORDINANCES. { Index to Charter and Xotes, pp. 463-542. Index to Scheme, pp. 279-286. Index to State Laws for St. Lowis, pp. 225-256. i EXCAVATIONS— Continued. page. sec. on wharf prohibited G4S 369 in streets and highways without permit, prohibited ' ;°^ „^.i ( ibS 9/0 in streets, alleys and highways, when special permit necessary 763 926 762 922 763 926 in streets and highways, regulations ' 806 1211 I 808 1224 I SIX 1239 in sidewalks, must be bridged, how 762 923 r 763 9^4 in or adjoining any highway or alley, to be fenced • A..H ,,^0 red lights for, at night 763 924 additional regulations for, in any street, alley or highway, fund for expenses to be deposited, restoring paving, expenses of inspection 763 926 withdrawal of fund, withdrawal of special fund 765 926 filling, inspection, driveway over trench, etc 764 926 for telegraph, telephone poles, etc 787 1123 for public work, must be protected, how, or misdemeanor 806 1211 or holes or dangerous places to be fenced or filled on notice from Street Commissioner Sll 1239 in highways, when Street Commissioner to fence or fill 811 1240 same ; expense of. how paid 811 1241 for stone quarries, retaining wall, failure, misdemeanor 882 1563 I 997 1793 connected with plumbing or drainlaying, or sewer -j „J„ t-qa for sewer or water connections 930 1798 ordinances regulating, to be recommended by B. P. 1 968 1913 Street Commissioner has supervision of all 975 1945 what subordinates in Street Department attend to, and issue permits for 979 1949 EXCISE COMMISSIONER— See Dramshops. authority, powers, etc., under new State law. supersedes ordi- nance provisions — See note to Chap. 31, Art. 4 1024 EXECUTIONS FROM POLICE COURTS— See Police Courts. EXHIBITIONS OR SHOWS— for theatrical performance — See Theatrical Performance: Thea- tre. immoral or indecent, is misdemeanor 870 1516 permit from Mayor before license / „„„ r^^^ ( 890 1606 roundabout or flying horses, same < ^„„ }^^'!i I 890 1606 license for .roundabout or flying horses 1052 2274 evidence of moral character required, etc., when 887 1594 gambling or lottery at, misdemeanor 887 1595 revocation of license for 888 1596 carrying on, after license revoked, misdemeanor 888 1597 no license for dramshop at places for, when 1028 2159 license for, required 1051 2270 definition 1051 2271 amount of license for 1052 2274 duration of term of license (Ord. 22576 in Appendix, p. 1162), also 1052 2275 (•1052 2276 other license provisions concerning -i to to il053 2278 application for license, how made 1053 2281 duty of License Collector to inquire before licensing 1053 2282 petition of block residents, when 1054 2283 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1213 • Index to Charter and .Yo/es, pp. 463-542. Index to i<(heme, pp. 279-28l> Index to State Laws for St. Louis. i)y).225-252 710 students, when admitted • _.-,o ,., , operations in 722 711 clinical lectures, when forbidden 722 712 nurses — See St. Louis Training School for Xurses. salary of nurses, etc 722 715 same; additional nurses — see Appendix, Ord. 22935 1144 convalescent patients may labor 723 716 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1215 Index to Charter and Xotes, pp 463-542. Index to Scheme, pp. 279-28r>. Index to State Laws for St. Louis, vp-"0-256, FE.MALt: HOSriTAU— Continued— p.\gk. .sec. Superintendent of 723 717 Superintendent of. appointed by Mayor / o^„ -iKna bond of Superintendent 723 718 salary of Suiierlntendent of 723 719 power of Superintendent of. over patients 724 722 power of. over employes 724 723 time of Superintendent given to, family board allowed 724 724 assistant to Superintendent 724 728 formerly "Social Evil Hospital and House of Industry" 725 734 established 725 734 exclusively for females 725 735 employment of inmates 726 736 patient convalescent may remain how long 726 737 Assistant Superitnendent. appointment, tenure 726 738 qualification of Assistant Superintendent 726 739 duties of Assistant Superintendent 726 740 salary of Assistant Superintendent 72G 741 suspension of Assistant Superintendent 726 742 Supervisor of Nurses and Matron at 726 743 Supervisor of Nurses, duties 726 744 Supervisor of Nurses, qualifications 727 745 Insane persons at — See Insane Persons. I 750 87'' salaries of officers and employes at, not otherwise stated } ... ,..Z I lol So to whom board and washing allowed 751 873 temporary employment of mechanics, etc 751 874 to fix salaries of temproray help In 751 875 FENCES— regulations for 609 215 barbed wire, prohibited when 805 1208 barbed wire, penalty 805 1209 about excavations, etc. See Excavations. FENDERS— on street-cars — See Street Railicai/ Cars. FERRIES— not to run without license 658 413 petition for. to be presented to Municipal Assembly 658 414 Assembly to direct license to issue and cost thereof 658 415 term of license and conditions of Iwnd 658 416 renewal of license for 659 417 when Mayor may issue license for 659 418 duties of keepers of 659 419 !...<... f 659 420 when license for may be revoked < »„(, .,. keepers of. suit on bond for damages 659 421 landings, how designated 659 422 temporary landings, when designated C59 423 rules for operating 659 424 rates on, for ferriage 660 425 rates to be posted on 660 426 r 660 427 Wiggins Ferry Co., terms, rights, etc \ 661 429 I 661 430 660 428 Madison County Ferry Co., terms, etc J 661 429 ( 661 430 right of amendment or repeal of ferry privileges 661 430 sunken, to be removed, proceedings 661 431 Illinois and St. L. R. R. & Coal Co., condition of license for ferry 661 432 1216 INDEX TO REVISED CODE OR GENERAL ORDINANCES. { Index to Charter and Notes, pp. 463-542. Index to Hcheme, pp. 279-286. Index to State Laws for St. Lo!«'s. pp. 225-256. FERRIES — Continued. p.\ge. sec. St. Clair Ferry Co., condition of license for ferry, etc • „„. ,„, ( G61 434 collections for dues from 661 435 Waterloo-Carondelet Turnpike and Ferry Co., license 662 436 FEVER— See Contagious, etc.. Diseases. FIGHTING— misdemeanor 877 1537 FINANCIAL AGENT— See Brokers. FINES— See Misdemeanors : Imprisonment : Workhouse. imprisonment for failure to pay — See decisions in note to Sec. 1265 SIG where no specific punishment prescribed 900 1650 amount of. where none declared specifically 901 1652 maximum, where not prescribed 901 1653 to be paid into city treasury 1092 2439 what to go to Harbor Fund C42 372 imprisonment for, in workhouse 829 1308 C goQ 1315 report of, collected by Marshal, etc < ggg -^oo^^ . . , *» t J , , f A- f 949 1405 not to be affected by repeal of ordmance -! org -, .qq one-half of to informer, selling game out of season 864 1482 f 865 1493 Mayor may remit -^ 3gg ^^g. for misdemeanors connected with Public Library property, go to Library Fund 886 1585 for cruelty to animals, one-half to Humane Society 890 1608 FIRE — See Fire Department. Building Commissioner to ascertain cause 556 39 Building Com'r to ascertain danger from 556 39 reconstruction of buildings damaged by 557 45 rubbish on sidewalks from buildings destroyed by 768 929 measures for prevention of, see Buildings; Theatre. prohibited on asphaltum streets 611 223 r 612 224 on streets prohibited \ 699 597 I 811 1242 f 612 225 hay and straw to be guarded against • •, g.^ 909 combustible substances, benzine, petroleum, naptha. etc.. guarded j 613 232 against \ G13 234 powers of Fire Department at, see Fire Department. Iiassing over hose at — See Fire Department. alarms of — See Fire and Police Telegraph Dept. on l)oats in harbor, penalty for loosing boat 646 365 in market-stands without permission, prohibited S60 1458 city not to be liable for damages for, etc 961 1884 FIRE-ALARM— See Fire and Police Telegraph Department. FIREARMS— not to be discharged without permit 612 228 not to be carried without permit — See Concealed Weapons. not to be discharged when loaded, in theatres 882 1566 discharged in theatres, person in charge responsible 882 1567 not to be sold minors under sixteen 883 1568 INDEX TO REVlfaiSD CODE OR GENERAL ORDINANCES. 1217 Iiiclex to Charier and Notes, pp. 463-5-12. Ineie.x to ftcheme, pp. 279-28'). Index to State Laws for St. Louis. y>\).22o-2oG. KIRE AND POLICE TELEGRAPH DEPARTMENT— theatres to be connected with lire alarms to be sent to ill city hall supeiinteiulent, control over bond of superintendent appointment of assistants and employes In oath of employes in superlnlendeni's control to direct men, etc control and power of superintendent in general records by Sup't. — record of fire alarms fire alarms to be given by whom tampering with apparatus or making false key, misdemeanor. false alarm is misdemeanor rules for fire alarm salaries of men in horse and buggy for superintendent of wires of. may lie placed free of charge in private conduits, etc... interference with wires of, misdemeanor Superintendent of. appointed by Mayor rvfir. SKC. GOO 195 G:iO 300 030 300 C30 307 630 308 030 309 030 310 030 311 030 312 631 313 631 315 631 310 031 316 879 1545 031 317 032 318 032 319 781 1100 811 1236 868 1509 FIRE-CRACKERS— when prohibited 612 230 FIRE DEPARTMENT— duties of chief to Inspect buildings transferred to Building Com- missioner right of chief of, to enter theatre buildings to inspect same to be connected with theatres composition of. what officei-s and men where stationed qualiflcalions of men and officers in amendments to sees. 2S5 and 287. ord. 22809, appendix chief of, qualifications, bond, compensation assistants and employes in, qualifications and salaries at city Institutions, duties of men chief of, powers and duties. chief of, appointed by Mayor settlement of disputes in location of office of chief of duties of assistants In duties of secretary of qualifications of niemt)ers of uniforms of men in police powers of chief and assistants.... vehicles not to run over hose of. at fires. drilling of drill-master of right of way paramount to street cars right of way to fires street cars to slacken, passing engine bouse claim for damages caused by payments of salary during sickness act for pensioning crippled or disabled men of wated plugs, unlawfully opening or injuring water-plugs Injured by sprinkling contractor water-plugs or fire plugs of, street commissioner may withdraw use from contractor 553 27 000 195 001 196 024 285 024 285 025 285 1139 025 286 025 287 020 288 026 289 027 290 628 296 808 1509 027 290 627 291 627 292 027 293 027 294 027 295 028 295 628 297 028 298 628 299 028 300 901 1885 028 301 950 1864 029 302 629 303 629 304 1101 2475 770 1072 1079 1218 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Charter and Xotes, pp. 463-542. Index to S_cheme, pp. 279-286. Index to State Laics for gt. Lojfi.?. pp. 225-256. FIRE DEPARTMENT— Continued. page. sec. ■water-plugs, under charge of Water Commissioner 981 1958 vehicles of, how marked 912 1711 Harbor Boat to assist 994 2013 not subject to provisions of article on boilers, etc 1071 2347 purchase of engines and apparatus for, how 1078 2379 use of city water by 1100 2473 FIRE-DOORS AND SHUTTERS— See Buildings. when required 584 141-142 inside of building o85 143 to be closed at night, etc 585 144 FIRE-ESCAPES — See Buildings. in buildings of certain kinds 583 138 in connection with stand-pipes 584 139 to be kept unobstructed 584 140 duty to provide fire-escapes, rope ladders, etc., in certain build- ings 596 189 posting notice of compliance with ordinance for 596 190 in theatres — See Theatre. FIRE LIMITS— boundaries of 565 66 what buildings allowed in, and what not / rgr g^ frame buildings within 566 68 612 226 613 232 hay or straw within, how guarded < petroleum, cotton, hemp, naptha, benzine, etc., in 613 232 FIREMEN— in Four Courts and Court House — salary, etc 551 17 composing fire department — See Fire Department 624 285 qualifications of — See Fire Department. act affecting crippled or disabled 629 304 FIRE PLACES— See Buildings. FIRE-PLUG OR WATER-PLUG — See Fire Department. FIRE PREVENTION BUREAU— may request inspector 555 37 Inspector on Board of Appeals 561 58 FIRE-STOPS— in buildings — See Buildings. FIRE-WALLS— See Buildings; Theatre. FIRE-WOOD— how brought to city in vehicles 632 320 when to be measured 632 321 measurement of, duty of measurer 633 322 person desiring measurement to give name 633 323 load certified, not to be diminished 633 324 certificate to purchaser 633 325 fees of weigher of 633 326 fees for measuring 656 401 cord of. how computed 633 327 blanks for certificates 633 328 yard-keepers and vendors, duties of 633 329 fraud in selling, misdemeanor 633 329 INuEX TO REVISED CODE OR GENERAL ORDINANCES. 1219 liulex to Vhaitcr and \iilcs, pp. -IGo-.^li. Index to Hchcmc, pp. 275-2St). Index to State Laws for St. Louis, pp. 22o-25G. FIRE-WOOD — Continued. pack. sec. certltk-ate of measurement 633 330 wharfage on — See M'harfage. receiving, measuring, collecting wharfage — See n'harfage. districts for receiving, measuring, etc 054 393 brought in, how jjiled. etc G55 395 selling, after removing from measured cords, misdemeanor 055 39C remaining on wnarf — wharfage rate 055 397 not occBpy paved wharf 055 397 cord, how computed 650 398 must be sold by cord, unless for private use l ,,'?^ „„„ ^. bob iyy duty of commissioner or deputy to be at wharf G5G 400 duty of com'r or deputy to measure on request 650 401 not to be thrown on sidewaliv or street SOS 1222 places where may be sold 853 1423 FIRE-WORKS— when permitted [ ^ ^29 FISH— inspection of G8G 541 tainted f C8G 542 selling tainted, penalty 687 543 seizure of unsound or impure by market-masters 856 1435 may be sold under meat-shop license 862 1473 use of ponds in parks by Fish Commission. 985 ) }„'Z \ 1975 disturbing, etc., in parks 996 2018 FLAG— on what public buildings 548 3 FLOORS — See Buildings. FLOUR— throwing prohibited, (see appendix, ord. 22564, or note to sec. 1537a) 1150 FLIES— regulations concerning — See Buildings. cleaning and burning out 612 231 not to be used as ventilators for sewering, etc 10H3 2314 FLYING HORSES— See fc'xhihifion or f!hoic. FOOD— See .Markets: Aiiiiiials: liraii .iiiiiniiis ; Meat: \ cgctables ; Game; Fruit; etc. FOOTINGS— See Buildings. in buildings, el'' 569 80 FOREST PARK— See Parks. FORESTER— See City Forester. FORFEITIRE— See Fine.H. etc.: Mayor. FORTUNE TELLERS— license required for 1029 2169 term defined 1029 2170 amount of license 1029 2171 penalty doing business witbont license 1030 2172 1220 INDEX TO REVISED CODE OR GENERAL ORDINANCES. ( Index to Charter and Notes, pp. 463-542. J Index to t. FOUNDATION— page. .sec. See Buildings. of buildings, wliat required 569 77 FOUNDLINGS— what institutions authorized to nialce contracts with Mayor to receive 915 1728 names of institutions, rate of compensation for care of 915 1728 applies only to children not over three years 915 1729 contracts for, may be abrogated 915 1729 what city officials have full supervision of such 916 1730 pay for, when ceases; appropriation required 916 1731 orphan asylums pay half-rates for water 1106 2496 establishments for or orphan asylums, etc., regulations, see new ord. 22998, in appendix 1142 FOUNDRIES— See Factories: Buildings. FOUNTAINS— provisions for drinking — See Drinking Fountains. on premises — water-rates 1103 2487 attachments with water-works pipes, B. P. I. to approve pat- tern of IIOS 2508 FRAME BUILDINGS— See Buildings; Fire Limits. FRUIT— inspection of 686 541 tainted or spoiled 686 542 selling spoiled 687 543 stands for selling, occupying sidewalk or highway, regulations... 807 1217 throwing, on sidewalk, etc., misdemeanor 807 1218 sellers of, to keep certain ordinance sections posted up SOS 1219 sale of at markets, need not be by weight, or stamped, etc 857 1440 sale of at markets, outside of market-house 859 1450 sale of, under meat-shop license 862 1473 f 14S3 regulations as to sale of perishable 864 i to ( 14S6 ..,,,. I 1020 2129 auctioneers to have licenses ■ -^q^^ 2'>81 vendors, hucksters, peddlers, etc., not to sell on Sunday 1042 2225 purchase of by Supply Commissioner 1078 2376 FUND COMMISSIONERS— See Treasury Department. FURNACES— See Buildings. in buildings 586 150 FURNITURE CARS— See Vehicles. G GALLON— defined 1105 2492 GAMBLING — setting up device for, or permitting 874 1526 decisions as to power of city concerning, and as to what are de- vices, etc., see note to sec. 1526 874 betting on gambling devices, or loaning for, misdemeanor 874 1527 device, penalty for permitting premises to be used for 874 1528 common gaming house prohibited 875 1529 letting i)remises for device for 875 1530 keeper of, device, defined S75 1531 playing at. games for, cards, dice, bets, etc.. misdemeanor 875 1532 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1221 (huli'X to Charter and .V()^•s, pp. 46:i-o42. Iiuli'.x to Scheme, pp. 279-l.'S6. Iiiilt'x to State Laws for 6'<.Loiiis,pp.225-25G. GAMBLING — Continued. p.voe. sec. decisions on gaming, gambling, gaming houses, etc., see note to sec. 1529 875 at show or exhibition, misdemeanor 8S7 1595 when persons, are vagrants 896 1G32 pigeon-dropping 897 1633 GAME— , . , (680 535 tainted GSC 541 inspection of CS6 541 tainted, unwholesome, etc.. condemned 680 541 penalty for sale of tainted, etc 087 543 sale of, outside of market stands 859 1450 may be sold under meat-shop license 802 1473 when not to be sold 803 1481 sale of. now governed by state statutes, see note to sec. 1481 804 penalty for unlawfully selling 804 1482 one-half penalty to informer 804 1482 playing at gambling, misdemeanor — See Oambling. GARAGE— See Automobiles. GARBAGE— decaying on premises, when nuisance on yard, area or premises, when nuisance In nuisance article defined boxes, when nuisance carrying through streets, how wagon constructed. I V 1 f 702 .] 717 ( 808 \ works, not to be opened without special ordinance as used in nuisance article defined and offal, defined as used in garbage article / and offal, where not to be thrown or placed. and offal, receptacles to be provided for license for removal required, terms, etc application for removal of metallic license plates on garbage wagons duty of police and garbage inspector Issuance of license for Board of Public Improvements to contract for disposal of. to be hauled five miles out of city contract for disposal, to run fifteen years term in disposal contract defined contract an.\ge. sec. lessees to remove offal, etc., on closing market stalls SoS 1447 no offal or filth thrown about market-places 859 14ii4 removing or depositing without permission of owner of prem- ises 889 1603 GAS— regulations concerning burning of 590 16] c . , f • f 590 162 fixtures, regulation concerning } .„|, ::-, leakage, etc., prohibited 590 163 use of, in theatres regulated 601 197 ( 634 334 meter, tested by Supervisor City Lighting } ,„^ "'^Z testing correctness of meter 634 334 meter incorrect, company to rectify 634 334 company failing to furnish city with, as per contract 634 335 enforcement of contract with city for 635 336 meters to be sealed and stamped 635 337 meters to be adjusted when 635 338 meters, what considered accurate 635 339 meters, record and rejiort of inspection , 635 340 meter, counterfeiting, defacing seal on 635 341 time-tables tor lighting b36 342' duty of Chief of Police to report condition, etc 636 343 companies to submit bills of city to who:ii 636 344 GAS COMMISSIONER— appointed by Mayor, when 868 1509 GAS COMPANIES— See Gas. GAS CONNECTIONS— to be made in advance of street construction 757 898 disturbing street paving by Gas-Companies to make, company to repair street, when 760 912 f 760 912 stop-cocks, location of \ 760 913 I 812 1244 excavations for service pipes not kept open over night 762 922 B. P. I. to recommend ordinances for 968 1913 GAS-METERS— See Gas. GAS PIPES— See Pipes: Bnitdings; Gas; Oas Connection. to be kept in order, etc 590 163 Supervisor of City Lighting to examine 635 336 repair of street caused by laying — See Oas Connections. GASOLINE— j 613 232 precautions provided for "l 613 233 I 613 234 GIANT POWDER— See Gunpowder. GIRDERS— See Buildings. GLUE-FACTORY— See Factory. GOATS— C 884 1575 impounding, estray, etc -, to to ( 885 1581 INDEX TO RE\ ISED CODE OR GENERAL ORDINANCES. 1223 {Index to Charier and Soles, pp. 4G3-542. Index to Scheme, pp. 279-28G. Index to State Laws for St. Louis, pp. 225-256. GRADING See Streets and Highways; Public Work. GRAIN— See Com; Oats; etc. GRAVES— See Dead Body; Burials; Cemeteries. GROCERS— PAQE, SEO. aales by, In markets 861 1468 selling certain meats, not meat-shop keepers. 862 1473 proposals to, for city supplies 1078 2378 GUNPOWDER, etc.— regulations concerning 551-553 19 to 26 H HACKS AND HACKNEY CARRIAGES— See the ordinances referred to under Vehicles. HAND-CART— trundling of, on sidewalk, misdemeanor 812 !:"V!, HAND-ORGAN- on streets S79 1547 HARBOR — See Harbor and Wharf. lines of — See Wharf. obstructions in — See Obstructions. ' what comprises — See note to sec. 345 636 HARBOR AND WHARF— See Wharf: Harbor and Wharf Com'r; Boats. rights, jurisdiction, etc., of city over, and decisions respecting Harbor and Wharf — See general note to sec. 345 636 Improvements, ordinances to come from B. P. 1 9G8 1913 lines and boundaries — See Wharf. boat 994 2013 HARBOR AND WHARF COMMISSIONER— See M'harf; Harbor and Wharf. appointed by Mayor 868 1509 to cause obstructions and structures beyond wharf line to be re- moved 643 350 to designate mooring-place for water-craft 643 352 may order change of mooring place 644 353 unemployed boats 644 353 proceedings by, where harbor obstructed by wrecked boats 644 355 to set apart landings for boats — See Boats. f 645 361 how to remove obstructions of wharf by goods, etc \ 646 362 ( 646 363 to cause arrest of persons Injuring or stealing certain property. . 646 366 to cause removal of obstructions of wharf 647 368 permission to make excavations from 648 369 failure to obey directions of. misdemeanor 648 371 to make report as to boats, arrival, departure, tonnage, etc.... 649 373 temporary use of wharf by, when permitted 651 380 control of space for skids, etc., on wharf 651 381 how to lease unimproved portions of wharf 652 383 procedure by to license wharf-boats 652 384 { 653 386 authority over wharf-boats \ 6.'^4 390 I 654 391 , duties respecting landing of wood i 655 395 to be at wharf where firewood landed 656 400 to measure wood for vendor or purchaser. 656 401 1224 INDEX TO RETVISED CODE OR GENERAL ORDINANCES. Index to Charter and Notes, pp. 463-542. Index to Scheme, pp. 279-286. Index to State Laics for St. Louis, pp. 225-256. HARBOR AND WHARF COMMISSIONER— Continued. rw.K. .sec. to measure coal or coke, etc 656 402 to appoint deputy as superintendent of scavenger dumps 657 406 to appoint watchmen for dumps 657 407 regulations concerning scavenger dumps — See Scavenger Dumps. may employ additional labor to remove filth from levee or wharf 657 411 to designate ferry-landings / ^^^ '^J, to cause removal of sunken ferry-boat 661 431 make out bills for ferry collection 661 433 appointed by Mayor 868 1509 when Assistant may act for, on Board Pub, Impts 967 1909 powers and duties of, in general 982 1964 furnish City Counselor plans of lands to be condemned, etc 983 1964 furnish and deliver bills for dues and wharfage 9S3 1964 keep the harbor and wharf unobstructed and free from nuisances 983 1964 appoints deputies and employes of department 983 1965 deputies to be sworn in as special policemen • 983 1966 to have charge of dump boats 984 1967 to ajipoint watchmen for dump-boats 984 1968 payroll for dump-boat expenses, certification 984 1969 salary and bond of 990 1999 ( 2012 'l 2014 appoints certain employes for department 994 2012 appointment of employes and officers for Harbor and Wharf Boat, etc 994 2013 may direct where lumber shall be landed 1130 2595 HARBOR AND WHARF DEPARTMENT— See Harior and Wharf Commissioner. HARBOR FUND— to be credited with all fines, etc., for violations of Harbor and Wharf provisions 648 372 HATCHWAYS— See Buildings. HAWKERS— See Peddlers and Hawkers. HAY— to be protected against fire, how kept 612 226 keeping of G13 232 removal from depot 613 234 removal from wharf 645 360 ( where may be sold in markets 853 1423 wagons, where stands for located 945 1849 fees for inspection of, scales 1116 2540 salaries and bonds of employes in department of 994 regulations weighing ' 1121 2562 1122 2564 1122 2565 I 1123 2566 driver compelled to have weighed, penalty false certificate, sale of wagon and contents, fine, etc 1123 2567 dealing in unweighed, prohibited 1125 2572 frauds, short-weight, changing certificate, etc -' !HE ^-I, t ll^b ^o74 bundles and packages on wagons, how arranged 1127 2581 HEALTH— Board of — See Board of Health. Department of — See Health Commissioner. epidemics — See Epidemics. INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1225 f Index to Charter and Notes, pp. 463-542. J Inde.\ to Siheme, pp. 279-28G. ( Index to State Laws for St. Louis. i>i>.22a-2oG. HEALTH CO.MMISSIONER— rA<;K. skc. See Board of Htalth. to present coroner's report to Board of Health CIS 2C3 when presiding officer at Board of Health CCS 347 to appoint clerk 664 444 general duties and powers of 6G5 450 appoint enjploves GC5 450 f 665 450 control over city institutions, etc • .^21 707 register deaths and births and make report to Mayor ' ^^^ ^^^ keep record of births and deaths 719 696 f 742 828 death and burial certificates from, etc \ 744 836 I 744 838 right to enter premises — See Right to Enter Premises. abate nuisances — See Xitisances. salary and bond of 605 451 records of accounts, documents and papers to be kept by 065 452 same — presumptive evidence of correctness 665 452 ,-.,.. '665 452 to make rules and regulations • g„- ,-q assistant to 666 453 appointment and tenure of assistant CC6 454 salary and bond of assistant 666 455 powers and duties of assistant C66 456 additional help to, salaries, etc C66 457 qualifications of all appointees of 666 460 St. Louis Training School for Nurses excepted 666 400 Clerk Sanitary division appointed by, salary, etc 666 461 mav require emploves to work over-time and on Sundays 667 462 ( 667 462 compensation for over-time work bv employes -j 667 463 I 667 464 disinfection ordered by — See Disinfection. to make rules for City Bacteriologist 668 466 to make rules for assistants to Bacteriologist 008 471 to appoint clerk and janitor for Bacteriologist 068 472 control over clerk or Janitor, removal 669 174 control over two new laboratory assistants to Bacteriologist (see appendix, ord. 22S10, p. 1140) 669 475a to appoint veterinary surgeons to inspect live stock 683 524 may prohibit sale of milk, when 684 529 to appoint Inspectors of meat, fish, vegetables, fruit, etc 686 536 permit from to cut Ice 089 558 to require reconstruction or connection of vaults, privies, etc 692 578 permit for cleaning vault, etc 692 579 power of. In case of epidemics — (See Epidemics) 706 633 power of. to destroy dangerous or decayed articles 707 634 compensation to owner of destroyed property 707 635 power to cause disinterment of dead animals, at whose cost 714 673 duty respecting disposal of carcasses — ord. 22580 In appendix, amending sees. 575, 576 1141 j- 714 676 same under Revised Code ■ to to 715 679 recall of permit by, to remove carcasses 715 681 I 700 g9g duties respecting practice of mQdiclne and surgery •. -Jn 699 signing burial certificate — ( See lit/rials) 720 701 requisitions and accounts for office, sanitary division, dispensa- ries, hospitals and insane asylum 721 708 power to make rules for government and admission to city health Institutions 722 709 control of, over visits of medical students to institutions 722 710 1226 INDEX TO REVISED CODE OR GENERAL ORDINANCES. [• Index to Charter and Xot.es, pp. 463-542. J Index to Scheme, pp. 279-286. i Index to State Laios for Ht. Louis, pp. 225-256. HEALTH COMMISSIONER— Continued. p.vge. .sec. when may permit parents of children at hospital to nurse 722 713 appoint additional nurses — appendix, ord. 22935 1144 control over Superintendents 723 720 appointment by, of first assistant in City Hospital 723 721 appointment by, of assistants to Superintendents 724 728 appointment by, of assistant Superintendent Insane Asylum ' 725 729 appointment by, of assistant Superintendent Female Hospital... 726 738 appointment by, of matron and supervisor of 726 743 to designate where incurable insane kept 727 748 to designate rules for insane at Poor-House 727 749 relations to insane — See Insane Asylum; Insane Persons. relations to Dispensaries — See Dispensaries. relations to poor-house — See Poor-House. relations to dairy at poor house — See Poor House. to furnish blanks for reports for contagious and infectious dis- eases, to physicians 735 797 when placard buildings in which certain diseases 735 798 f frog gni may remove persons suffering with contagious diseases, etc ^ „„„ „», power to disinfect premises or withdraw use of streets 736 803 duties and powers respecting consumption or tuberculosis, etc. — See Contaoious or Infectious Diseases. powers, duties and relations to quarantine — See Quarantine. removal of dead bodies requires permit from — See Dead Bodies : Permit. when require disinterment 746 852 permission to bury in place other than authorized cemetery 746 850 when may require interment of corpse 748 861 ^ ,. , ^. ^. i -u ,■ I 749 865 duties and powers respecting cremation of bodies „.„ „„„ employment of temporary mechanics, etc 751 874 to fix salaries of temporary help 751 875 City Counselor to advise 841 1368 to have sick or injured work-house prisoner removed to City Hospital 923 1767 HEALTH DEPARTMENT— See names of particular Institutions or Officers or particular sub- ject treated. For salaries, see Salaries; appointments of em- . ployes in, see Health Commissioner; Board of Health, etc.; service of process, see Marshal, etc. vehicles of, how marked 912 1711 HEATING APPARATUS— in charge Building Commissioner 550 14 furnaces, see Buildings. HEMP— , . . f 613 232 provisions concerning -l gj^g .234 removal from wharf 645 360 factory, when nuisance 700 605 HIDES— See Nuisance. HIGHWAYS— for subjects equally applicable to streets and other highways, see Streets and Highxvays under which the general subject is indexed. For i)rovisions peculiar to certain highways, see particular names, such as Bridges: Alleys; Mississippi River; Boulevards, etc. HOGS AND SWINE— not to be kept In pen 697 586 not to be enclosed more than forty-eight hours 697 587 in pens, nuisance 697 588 dead, not to be buried in city 714 670 driving through streets or on sidewalks, prohibited 884 1575 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1227 liutt-x to Chatter and Notes, pp. 463-542. liulex to Scheme, pp. 279-286. liiJe.\ to Stale Laws for St. Louis, p\}.22o-2a6. IltX'.S AND SWINK— Coiitiniieil. running at large, impounding of, etc 88!) sale of, is stocltyards proprietor or horse and cattle dealers 1046 HORSE MARKET— See I^Iorses; Sales-Stables; Horse and Cattle Dealers. HORSE AND CATTLE DEALERS— defined 1046 license for. ord. 22G01, see appendix 1161 same, before amendment 1047 license before doing business 1047 penalty doing business without license i 1047 HORSES— sick, about cow-stables, etc dead, not to be buried in city not to be driven into marltets driving — See Driving. unattended, or loose on streets, owner liable in damages, see note to sec. 1558 cruelty to— See Animals. unhitching or purloining hitched to trees, damage resulting not to be hitched near or in parks. . market for, and sale of, at auction, license sales-stables — See Sales-Stables. horse and cattle dealers — See Horse and Cattle Dealers. not to be sold at auction on street purchase of for city purposes r 679 I 680 714 859 881 882 889 996 1021 1021 1021 1021 1078 HOSPITAL— See Buildinos. building must be constructed as first class. . . . 503 stairways in, how built 582 heating apparatus in 587 City Hospital, see Cit;/ Hospital. Female, see Female Hospital. water rates are one-half usual rates 1 106 private, regulations under new ordinance, see ord. 22998, ap- pendix 1142 HOSPITAL FUND— created what, sum set aside for , HOTEI^— must be first-class building building not to exceed certain height stairways In. how to be constructed fire-escapes In heating apparatus in, regulations watchmen and alarm bell In. to guard against fires proprietor, lessee, etc.. neglecting ordinances for fire-escapes, etc. height of rooms, ventilating sky-lights, windows, etc., in.. privies, vaults and water-closets in sinks, basins, etc.. In. regulations grease traps under sinks in garbage receptacles removal of persons afflicted with contagious diseases from keeper or agent to give notice of contagious liiseaso, etc vehicles for use of guests of, license-plate rule not apply defined in license article SKC. 1578 to 1581 2247 2249 2252 2253 2255 610 512 670 1454 1565 1602 2018 2132 2133 2134 2134 2380 63 136 151 2496 721 705 721 706 564 03 567 71 582 137 583 138 596 189 597 190 587 151 i;97 191 598 193 598 194 691 576 1062 2313 1063 2314 717 687 735 801 736 804 936 1814 1030 2173 1228 INDEX TO REVISED CODE OR GENERAL ORDINANCES. { Index to Charter and Notes, pp. 463-542. Index to Scheme, pp. 27S-2St). Index to State Laws for St. LoHi.s,pp.225-25G. HOTEL— Continued. r^GE. sec. amount and term of license for 1030 2174 same — term of amended — see appendix ord. 22573 1158 penalty running, without license 1030 2175 water rates in 1103 2487 HOTEL RUNNERS— runners or agents for, see Runners. HOUSE AGENT— See Real Estate Agent. HOUSE OF DELEGATES— [This heading includes matters peculiar to the House; for mat- ter applicable to both Houses equally, see Municipal Assem- bly. -\ elections to, see Elections. officers of 844 1381 speaker of 844 1381 duties of the Clerk of the 844 1383 duties of Sergeant-at-arms of 845 1384 salaries of officers in I g, q 1390 janitor for, appointed by Speaker 845 1386 duties of janitor, controlled by whom, etc 845 1387 Speaker of, when to be Acting Mayor 866 1494 HOUSE OF ILL-FAME— See Bawdy-house. HOUSE OF REFUGE— See St. Louis Industrial School. now called St. Louis Industrial School, see note to sec. 1510.... 869 name changed to St. Louis Industrial School, which title see for indexed matters. HOUSES— See Buildings. f 775 1083 numbering of, provisions concerning J to to ( 776 1087 street commissioner to establish all numbers 776 1086 penalty for violating house-numbering regulations 776 1087 street commissioner to suiiervise and enforce numbering of 976 1945 of prostitution — See Baudy Houses. gambling, see Oamhling ; Misdemeanors. HUCKSTERS— See Peddlers and Hawkers. regulations as to sales in market 861 1468 not to sell what on Sunday, hours of sales 1042 2225 violation of article, penalty 1042 2225 HUMANE SOCIETY— may erect drinking fountains 621 275 gets one-half of fines for cruelty to animals 890 1608 HYDRANTS— for markets 858 1448 leaking, nuisance 702 615 injuring, misdemeanor 808 1221 hifching to, misdemeanor 805 1210 ICE— I not to be cut without permit 689 558 application for permit 689 559 r 560 permit how obtained ' 689 < to ( 565 police to arrest persons unlawfully cutting 690 567 bond with permit for G^O 568 persons bringing into or storing ice in city to file statement, etc. 690 569 penalty for failure to file statement 690 569 penalty for failure to observe regulations concerning, ice 690 570 ( 810 1234 sidewalks to be kept free of snow and < ygg g28 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1229 { Index to Charter and ^otes, i>i). 463-542. Index to Siheme, pp. 279-286. Index to iitale Laus for S/. Louis, pp. 223-25G. ICK — Continued. Page. sec. ileilsions on right of city to reqnlre removal of. note to sec. 1234. 810 street car companies to keep crossings, etc.. clear of 9G2 1890 contract for supplying city Institntions with 1077 2374 ICE-CREAM WAGONS— See Vehicles. ILLINOIS AND ST. L. R. AND COAL CO. conditions of ferry license to llfil 432 I.M.MOKAL ACTS— are misdemeanors — See Misdemeanors. when constitute vagrancy 89G 1G32 I. M. MORAL PLACES— See Bawdy Houses. not to be connected by overhead wires 786 1117 permit for wire connections, etc.. for. void 789 • '',' no dramshop license for 1028 21G3 I.MPOUNDING— ( 884 1575 cattle, goats, hogs, etc | to to ( 885 1581 decisions as to validity of ordinances on. see note to sec. 1578.. 885 dogs, when by marshal [ ^^ |^|2 redemption of dogs from pound, fees, etc -[ ^^^ ]^,'\^ dogs when killed 899 1G4G bringing dogs into city for purpose of 899 1G46 animals at large In parks 99G 2018 IMl'KISONMENT— for violation of ordinance, it fine not paid, is constitutional, see note to sec. 12G5 SIG for one not convicted of crime, when unconstitutional — See note to sec. 1G32 ' 896 for vagrancy 897 1636 at jail — See Jailer: Jail. at work-house — See Police Courts; Work-house. I.MPKOVK.MENTS— See Board of Pub. Impt.s.: PiihUr Imitn, cements : Public Work. INDEBTEDNESS OF CITY— See Bonds. INDECENT exposure- Is misdemeanor — See Misdemeanors. INDIGENT persons— See Paupers. when insane, see Insane Persons. INFECTIOrS DISEASES— See Contagious and Infectious Diseases. INQCEST— See Coroner. INSANE ASYLUM— flre-department men at G25 285 in charge of Health Commissioner •[ ^^^ ^^^ requisitions and accounts — See Health Commissioner. ( ro't 717 superintendent of, term, appointment '. . . l'"' ',' •l 560 lony bonii of superintendent of 723 718 salary of superintendent of 723 719 nurses at 722 715 additional, see appendix, ord. 22935 1144 control of superintendent over patients 724 722 control of superintendent over employes 724 723 superintendent give time to; family board permitted 724 724 assistant superintendent in 725 729 1 231) INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Charter and Xote.i, pp. 463-542. Index to Scheme, pp. 279-286. Index to State Laws for St. Loi/i.s, pp. 225-256, INSANE ASYLUM— Continued. p.^ge. qualifications of asst. superintendent 725 powers and duties of assistant superintendent 725 assistant supt., salary, board, washing 725 assistant supt., tenure of office, suspension 725 established 727 portion of poor-house used as 727 persons at — See Insane Persons. admission to, records, etc., see Insane Persons. decisions concerning, see note to sec. 747 727 maniacal building at, see ord. 22923, note to sec. 747 727 INSANE PERSONS— asylum tor — See Insane Asylum. incurably insane, where kept 727 Health Com'r to make rule for incurable insane 727 f 7''7 indigent insane, how and when admitted to asvlum ' „"„ ( 728 applications for admission to asylum 727 applications passed on by Board of Health 728 r 728 non-resident, exclusion from asylum and exception '„„ record of, at asylum 728 from hospitals or poor-house 728 duty of dispensary physicians as to insane 728 when, to be taken into custody by police 728 regulation when, taken by police, disposition 728 to be delivered by police to city hospital 729 conveying by police to city hospital 729 at city hospital for temporary insanity, or observation 729 at city hospital, duty of Superintenaeni 729 commission to examine doubtful cases 729 disposition of doubtful cases by Health Commissioner 729 non-resident, how disposed of, when arrested by police 729 first examined and certified as insane, by physician 730 indigent, admitted, or if require restraint admitted 730 removal of, when restored, or cured 730 re-admission of removed or discharged, relapsing 730 in the jail, provisions concerning 730 penalty for bringing, into city, when paupers 750 INSPECTION— of buildings — See Buihlinfis; Com.missioner of Piihlic Bnildings. of factories — See Factory Inspection. of weights and measures — See Inspector of Weifihis and Meas- ures: Weiphts atid Measures. of gas — See Gas. of milk— See MIR-. of cows, and dairies — See Dairies and Cow-Stables; Veterinary Surgeons. of meat, fish, vegetables, fruit, poultry, etc 686 of excavations in highways, streets, alleys, etc 763 by Supervisor of City Lighting — See Supervisor of City Lighting. by Smoke Inspectors — See Smoke. of plumbing, drainlaying, etc 927 of sewers and construction 1058 f T,- , ' 935 of vehicles ' ■ " i 94' of reports of street railways 1049 of boilers and elevators — See Boilers (Steam) and Elevators. of lumber — See Lumber. SEC. 730 731 732 733 747 748 748 749 750 755 751 752 753 762 754 755 756 757 758 759 759 760 761 701 761 762 763 764 765 766 768 869 536 to 541 926 1793 2303 1810 1834 I 2260 I 22G1 554 32-34 555 37 561 58 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1231 f Index to Charter and Xotes, pp. 463-542. i Index to Scheme, pp. 279-286. [ Index to State Laws for &7. Coin's, pp. 225-256. INSPECTORS— PA.iK. .sKc. See under names of chief officer. in Building Coniniissioner's office at request of Fire Prevention Bureau of Fire Prevention Bureau to l)e member of Board of Appeals... of factory^ — See Factory Inspector. of weights and measures — See Inspector of Weiffhts and Measures. of milk— See Milk. C 535 of meat, flsh, vegetables and fruit 086 \ to I 540 in office Supervisor of City Lighting— See Supervisor of City Lighting. and -Measurer of Lumber — See Lumber. of boilers and elevators — See Inspector of Boilers and Elevators. smolie — See Smoke. of plumbing — See Plumbers. of vehicles, in general, duties, powers 935 1810 of vehicles, duties now on License Collector 942 1834 of street railway reports 1049 2200 of sewer work 1058 2303 of lumber — See Lumber. INSPECTOR OF BOILERS AND P^LKVATORS— See Boilers and Elevators. INSPECTOR OF WEIGHTS AND MEASURES— See M'eifjhts and Measures. to Inspect charcoal measures 634 332 not to gauge or stamp packages of fruit or berries sold 857 1440 duties and powers of, enumerated in general 1114 2531 what reports of. to contain 1114 2531 to make requisition for articles to Supply Commissioner 1114 2534 to seize false measures, etc 1115 2536 to deem what as yardsticks, etc., exact fees 1115 2537 rlllS 2538 fees to be charged by -, to to ( 11 li; 2540 penalty altering weights, etc., or using unstamped, etc 1115 2538 fees of, for subsequent inspections 1110 2539 fees of, hay and coal scales 1116 2540 failure to deliver proper certificate by, to be suspended 1116 2541 bond of 1116 2542 'assistants and clerks of, appointment, salaries, duties 1116 2543 salary of 1117 2544 horses and vehicles to be furnished 1117 2545 to inspect scales, etc., of dairymen, hawkers, peddlers, junk or rag dealers having no place of business 1117 2546 not to stamp standard bushel box 1117 2547 public scales — See Weighing Scales: Weighers. private scales — See Weighing Scales: Wriqh'is. to test portable scales every six months. . ' 'i'^ 2588 INSfRANCE— company or agent, requires license, what Hi-I 2137 company, defined 1022 2141 iloing business without license, penalty 1022 2144 foreign insurance companies, license 1053 2280 foreign, failure to pay license, misdemeanor 1053 22Sn companies for steam boilers, regulations lf*"'9 n'>i INTELLIGENCE OFFICES— deflne 2404 to certify claim. If Auditor and Comptroller disagree 1086 2410 to order cancellation of warrants five years old 1087 2413 to take measures where offlcere owe money to city, etc 1087 2417 may examine records of auditor's office, etc 1088 2418 acts with Comptroller In protecting credit of city, and city's prop- erty, makes temporary loan to cover Judgment not provided for, etc 1089 2427 and Comptroller may quit-claim proiierty bought In by city or ( 1091 2432 under Hen to city, on account of special tax-bills, when and { 1091 2433 how '. ( 1089 2427 1246 INDEX TO REVISKD CODE OR GENERAL ORDINANCES. r Index to Charter and Xote.s. pp. 463-342. i Index to Scheme, pp. 279-286. ( Index to State Laics for St. Louis, pp. 225-256. MAYOR— Continued. vkqk. books of Treasurer open to inspection of 1092 with Treasurer and Comptroller to select banks for depositing city funds, regulations 1092 to approve rules made by Treasurer 1095 to prescribe seal for weights and measures 1114 revocation of license of lumber-inspectors, etc 1129 to appoint the folloicing under ordinance provisions: Commissioner of Public Buildings members of Board of Appeals city surveyors factory inspector certain members of Board of Health City Bacteriologist City Chemist superintendents of City Hospital, Insane Asylum. Female Hos- pital, Quarantine Superintendent of Poor-House City Forester Police Justices and clerks Police Justice of Police Court South of Arsenal street and Asst. Atty clerk of Justice South of Arsenal street attorney for Police Court South of Arsenal street City Attorney Assistant City Attorneys Associate City Attorney City Counselor Associate City Counselor Second Associate City Counselor. Assistant City Counselor .>. .. Market-Masters " Street Commissioner Sewer Commissioner Water Commissioner Harbor and Wharf Commissioner. Park Commissioner Gas Commissioner License Commissioner Health Commissioner Commissioner of Supplies Commissioners of Charitable Institutions Superintendent of Work-House Superintendent of House of Refuge or St. L. Indust. School . Superintendent of Fire and Police Telegraph Assessor and Collector Water Rates Jailor DisI rict Assessors Chief Fire Department Milk Inspector Weigher of Scales 549 868 561 613 869 622 662 868 667 669 868 723 868 732 868 812 819 868 831 868 831 831 868 835 868 837 868 838 868 839 868 839 868 855 868 868 868 868 S68 868 868 863 86J! 1077 868 915 868 868 868 868 868 868 86S 868 868 1119 .SEC. 2439 2439 2444 2531 2594 8 1509 58 235 1511 276 437 1509 465 476 1509 717 1509 777 1509 1248 1268 1509 1318 1509 1319 1320 1509 1337 1509 1344 1509 1351 1509 1354 1509 1356 1509 1434 1509 1509 1 509 1509 1509 1509 1509 1509 1509 2366 1509 1726 1509 1509 1 509 1509 1509 1.509 1509 1509 ' 509 2555 INinox TO REVISED CODE OR GENERAL ORDINANCES. 1247 f Index to Charier anil S'otes, pp. leii-'iJJ. J Inde.\ to Scheme, pp. 279-286. I Index to State Laws for St. Louis, pp. 225-256. MAYOR— (/('«/>/><>/«/. continued.) i-mii:. sk . Inspector and Measurer ot Lumber and Deputies 868 1509 Inspectors of Boilers and Elevators / ,^^f. ''iT:! I lObt) 2.j23 Members Hoard Engineers ; \ ^nt^• •! •'9'* Market Masters 868 1509 Hoard of .Managers St. Louis Industrial Scliool 809 l.jin Snioko lnspt>ctor and Deputies S9I lliL'2 officers to fill place of suspended elective officer 909 1693 officers to fill place of removed appointive officer 91(1 ITii:! Board Examiners of Plumbers, see Appendix, ord. 23007. . 1 150-1153 Public Halbs ronimission 9:{1 i,so3 same — I^ublic Recreation Commission, ord. 22869, Appendix. 1153 Lumber, measures, when 1129 2591 [For officers appointed by Mayor under Charier provisions, see Index to Charter under "Appointments," p. 465, or ".Mayor," p. 503.] (For officers appointed by Mayor under Slate laws — see Index to State Laws for St. 'Louis, under "Mayor," p. 243-244.] to approve appointnient of the foUowing: deputies, assistants and clerks, before qualified of certain employes ot Huilding Commissioner / Deputy Building Commissioner Chief and Assistant Clerk and Permit Clerk of Building Conmiissioner Chief Inspector of Big. Com'r other Inspectors in office of Huilding Com'r Examiner of Plans. Record Clerk, Stenographer .Architectural Draughtsman additional employes of Building Commissioner Inspector requested of Fire Prevention Bureau Constable to Coroner porter to Coroner stenographer to Coroner Superintendent of Morgue assistant and porter to Superintendent of Morgue of factory inspector's employes of assistants and employes of b'lre and Police Telegraph Dept of inspectors of meat, vegetables, fish, fruit, etc of employes in Street Sprinkling Division of Supervisor of City Lighting of subordinates In Garbage Division of Street Department. . . f of subordinates in City Forestry- Division of Street Depart- ment of Assistant Police Court Clerks - I ot deputies of Marshal of s\ibstltutes for CKy .-Vttorney or assistant nf appointees of .I.iller of appointees ot Work House Superintendent of Supervisor of Plumbing ot Assistant Deputy and Assessor ot Special Taxes of other employes of Presd't Board Pub. Impts. : i numerous employes in Street Department. of -Assistant Sewer Conimissloner of Chief Mechanical Engineer of Water Deparliieiii . 907 1GS6 550 15 551 18 553 28 .554 31 554 32 554 3.3-34 554 34 555 35 555 36 555 37 615 244 615 246 G16 251 618 260 618 267 622 276 630 309 6S6 536 771 1076 790 1139. 804 1205 805 1207 813 1253 819 1269 820 1270 ,S33 1332 837 1347 917 1737 924 1777 '.121', 1791 974 1939 974 1012 975 1943 976 1046 97S 1 94 s 979 1949 981 1 956 9S1 1959 1248 INDES; TO REVISED CODE OR GENERAL ORDIXA.\-CES. {Index to Charter and Notes, pp. 463-542. Iiuiex to Scheme, pp. 279-:i»t5. Index to State Laws for Si. Lowis, pp. 225-256. SEC. MAYOR— (/o u/'/»otr, continued.) page. of .Assistant Water Commissioner 982 1960 of appointees of Harbor and Wharf Department 983 1965 { 984 1971 I 984 1972 of appointees of Park Commissioner { 994 2015 I 995 2016 i 995 2017 r 994 2012 of appointees Harljor and Wharf Commissioner ) „„, ,„.„ . ^ , r, • f f lOO.T 2062 of appointees of Register I ^^^^^ ,Qg2 of appointees of President of Board of Assessors 1007 2073 of appointees of License Collector 1018 2119 of appointees of Inspector Boilers and Elevators I ■[{)(,(, o-^^T 1075 2370 of appointees of Commissioner of Supplies \ to to 1076 2372 2407 2408 of appointees of Auditor 1086 1090 2428 of appointees of Comptroller \ 1090 2429 1091 2431 of appointees of Treasurer 1094 2442 of appointees of Inspector Weights and Measures 1116 2543 of appointees of certain weighers 1120 2559 of appointees Public Recreation Commission, ord. 22869, Appendix 1153 may remove the following: deputies, assistants and clerks in any department 907 1686 employes of Building Commissioner 550 15 members Board of Appeals 561 58 f 615 244 deputy and constable to Coroner < ^^,, ,,„ City Bacteriologist as in case of other officer 667 465 Smoke Inspectors 894 1626 decisions as to removal of officers — See note to Sec. 1686.. 90S Assessor and Collector of Water Rates, when 1097 2457 may suspend officers: may suspend elective, when 909 1692 appoint officers to fill elective vacancy temporarily 909 1694 how suspension effected : charges 909 ] 693 Assessor and Collector of Water Rates, when 1097 2457 Inspector of Weights and Measures, when 1116 2541 MEASLES— See Contagious or Infectious Diseases. MEASURES— See Firewood; Charcoal: Weiphts and Measures: Inspector of Weights and Measures: Lumber. MEAT— See Meat Shops: Butchers. insDection of 686 541 tainted condemned, etc 686 542 |)enalty for sale of tainted 687 543 l)utrid, when nuisance 698 590 , ^ . « -1 .. . f 856 1435 seizure by market master, of spoiled, etc < „.„ , , -, f . 1 , 1 f f 858 1449 sale of at market, regulations < „.„ . ,.„ dead animals not to be used for — See Dead Animals. diseased live animals not to be killed for 859 1452 sale of unsound, prohibited 859 1453 not to bf thrown about market places 859 1454 sold in shops — See Meat Shops. INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1249 Index to Charter aitd Xotes, pp. 463-542. Index to Scheme, pp. 279-286. Index to Slate Laws ^or St. Low is. pp. 225-25C. MEAT SHOPS— i..uif. power of city to regulate — See note to heading of Chap, lli, art. 6 S.il license to conduct, necessary S62 what may be sold under license for SC2 decisions concernlns — See note to Sec. 1473 St)2 license shall contain what, and be posted up 862 comptroller to consent to transfer of license, or change of location 862 hours of. on Sundays 863 decision sustaining ordinance as to Sunday hours — See note to Sec. 1475 863 penalty for keeping shop without license 863 to be kept clean 863 under control of Board of Health 863 cancellation of license 863 principals and agents bound by article 863 keeper, not to include sausage maker 863 MEDICAL STl'DENTS— See Citi/ Hospital. .\li:i)lCI.\K AND SURGERY— See Physicians: Midwives: City Hospital; Dispensaries. what certificate necessary to practice 720 when registration of physician may be refused 720 practice without complying with ordinance, misdemeanor 720 students, when may visit hospital — See Ci1y Hospital. medicine for sick paupers 730 M EET 1 N(".S— See Misdemeanors. MLWAGERIE— defined 1051 circus — See Circus. .MKRfA.NTlLK AGENT— r 1051 license provisions concerning i to 1 1054 defined 1051 MERCANTILE nUlLDINGS- See Buildings. .MERCHANDISE— on sidewalks. See Obstructions. MERCHANDISE UROKERS— See Brokers: I.iicnst:-2S6. Index to Stale Laws for &'M>ou is, pp. 225-25(1. MISDKMEANORS— Continued. not placing wires, poles, tubes, etc., underground In certain f districts \ stringing wires, tubes, etc., over or under ground without f permit \ failure to observe directions as to telegraph or telephonei poles, etc \ violation of article on electric wires, conduits, etc interference with removal of electric wires illegal use of electric wires, etc '.MiK. -SKI-. 780 1096 781 1098 783 1103 789 1131 788 1124 800 1183 789 1126 789 1129 789 1130 789 1131 783 1103 789 1133 793 1152 stringing wires without iiermlt < removing cover of manhole for electric contrivance, etc disregarding ordinances regulating electric wire ap|)aratus.. interference with lighting apparatus by which city is lighted or with employes, etc 793 1153 failure to make deposit for cost restoring i)aving disturbed by telephone or telegrai)h poles SCO 1184 failure to i)ay amount due for use of streets for telegraph or telei)hone poles 801 1191 failure to properly construct down-pipes — See Pipes. injuring any ap|)liance or thing connected with the light- ing of the city, or |)olice or telegraph wires, etc trundling wheelbarrow or hand-cart on sidewalk Iienalty for violating chapter for offenses on highwavs planting, trimming, destroying. Interfering with growth of trees, etc. — See Trees: Citii Forester. violating article as to City Forester S14 1259 ordinances declaring, on subjects filso covered by State Stat- utes — See Ordinances, also note to sec. 1265 not affected by repeal of ordinance not keeping meat shops clean agents of meat shop keepers liable as principals selling game out of season selling certain perishable vegetables or fruits at depots, etc. unhitching or purloining horse playing ball on highways 811 1236 812 1245 S12 1246 discharging loaded flre-arnis in theatres selling minors fire-arms or ammunition connected with taking, mutilating, keeping, etc., books of Public Library — See Public Library. spitting in public vehicles or places. bin posters or advertisements not to be put on poles, side- walks, fences, etc defacing lawful bill posting advertisements carrying on show or exhibition after license revoked impersonating officer or Interfering with officer's duties..., solicitation of passengers at depots, landings, etc failure to post ordinance as to such regulations Injuring, defacing, etc., public property. removing or depositing any article from premises, forbidden. rag picking without permit violation of junk shop and Junk dealers ordinances cruelty to dumb animals decisions on cruelty to dumb animals — See note to Sec. 1607. tying legs of calves or sheep, or confining In boxes molestation of birds, nests, etc throwing stones, carrying contrivance to eject pellets, etc. 818 / 849 1405 1 850 1406 863 1477 863 1479 863 1481 864 1486 882 1565 882 1564 f 882 1566 \ 882 1567 883 1568 f 1586 886 \ t° (. 1589 886 1590 887 1592 888 1597 888 1598 888 1.599 889 1601 / 808 1221 . 889 1602 889 1603 889 1604 890 1605 / 881 1558 \ 890 1607 890 891 1610 f 891 1611 to to 892 1615 891 1613 892 ICH 1254 INDEX TO REVISED CODE OR GENERAL ORDINANCES. f Index to Charter and Xntes, pp. 463-542. J Index to Scheme, pp. 279-286. f Index to State Laics /or Sf.Lowj's. pp. 225-256. MISDEMEANORS— Continued. page. sec. member of police conniving at violation of bird-protection ordinance 892 1616 pigeon dropping 897 \ Jgg^ vagrancy, various penalties S97 1636 seizing dogs, enticing out of premises, etc 899 1646 keeping dangerous dog 900 1647 neglect of duty of bond-examining board 907 1684 officials guilty of fraud, neglect, extortion, favoritism, etc... 909 1691 person having city vehicle, not properly marked 912 1713 failure of officers to furnish information to Commissioners on Charitable Institutions 913 1719 trespass at work house, aiding prisoner to escape or inter- fering with officers there 924 1774 violation of article on plumbing and drain-laying 930 1801 r 1 808 violation of duties by public porters 933 < ^Vna violation of article on vehicle, etc : 94 i 1831 refusal of vehicle driver to carry passengers or of passenger refusing fare 941 1832 charging higher rates for use of vehicles than fixed by ordi- nance 943 1839 officers conniving at overcharging for vehicles 943 1842 drivers of public conveyances, away from vehicle, or lounging about, etc 944 1843 vehicles violating article on vehicle stands 945 1848 violating hack stand section 945 1850 r 996 2018 violation of park regulations, set forth \ to to I 999 2035 violating driving rules in parks 997 2022 violation of provisions for office of Recorder of Deeds 1004 2058 violating article on dramshops 1029 2164 deception by intelligence office keepers (employment agencies) 1031 2118 violating provisions for pawnbrokers 1040 2218 violating provisions for railroad ticket brokers 1044 2235 violating provisions for runners 1046 2246 second-hand dealer or agent failing to keep registry book, etc 1057 2299 second-hand dealer or agent failing to report offer of sale of suspicious character 1058 2305 C 701 611 obstructing sewers \ 1065 2320 ( 1065 2321 violation of chapter on sewering 1065 2322 misconduct of Inspector of Boilers, etc., or employes 1071 2346 failure to post boiler inspection certificate or obtain same. . 1072 2351 failure of licensed engineers to make semi-annual reports... 1072 2352 failure of owners of boilers setting up or repairing, to notify Inspector 1072 2354 violation of article on boilers and elevators, in general 1075 2365 owners or agents refusing city water license when ordered to f 109S 2463 use, as sanitary measure \ 1098 2464 abusing water privileges, using water without license, open- ( ....... ,,,-,, :f 110 I 110 ing plugs, throwing matter in reservoir, etc., wasting , ....s.. ,,,„ water, etc ( iiui using water from pipe after shut off, etc 1102 2483 violation of article on water rates and regulations, general penalty 1107 2503 violation of article on water connections, etc 1112 2527 violation ordinance regulating private hospitals, lying-in homes, foundlings, etc. — See ord. 22998, Appendix 1142 failure to return towels, soap, etc., to Public Recreation Committee, ord. 23171— Note on p 931 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1255 Index to Charter and Xoles, pp. 463-542. Index to iitilivine, pp. 279-286. Index to State Laws for St. Louis, pp.'225-25G. MISDEMEANORS— Continued. Violation of Building Regulations. building or altering without permit proceeding, after revocation of building permit obstructing fire escape or stairways disregard of building code as to regulations as to certain requirements against fire dangers, etc respecting height of chimneys and smoke-stacks disregarding guarding of hatchways, well-holes, etc watchmen neglecting duty proprietor, keeper, lessee, etc., neglecting fire escape, ord... disregarding ordinances regulating theatres, and rules re- specting same, by manager, owner, lessee, etc failure to post certificate In theatre operating theatre without license obstructing aisles or egress from public meeting places failure to observe notice to remove or secure unsafe build- ing interference with giving notice of unsafe building owner or agent renting or leasing unsafe building failure to pay expense of correcting violation of building code violation of building laws in general selling wood after removal from measured cord Violations of Harbor and Wharf Jiegulations. building beyond wharf line failure to remove structure over wharf line, on notice allowing boat to remain grounded landing boat without name thereon failure to remove goods, etc., from wharf failure to secure boats at wharf as required casting loose boat on fire obstructing wharf catching driftwood violations of harbor and wharf provisions in general failure to pay wharfage or license storage, forwarding or freight charges by wharf-boat violating article on wharf-boats selling wood removed from measured cords Violation of Milk Inspection Laws. * violation of article not keeping receptacle for milk and cream clean failure to obtain milk license, register, etc failure, to observe preliminaries to obtain license, register, etc failure to designate milk-wagons carrying Impure milk or cream having products of impure milk, etc adulterated or skimmed milk, etc I milk containing foreign matter, coloring, preservative, etc. . selling, etc., milk which does not contain certain ingre- dients selling, etc.. cream not containing, etc.. or from Impure milk condensed, preserved or evaporated milk regulations as to butter-milk violated regulations as to skimmed milk violated sale of milk or cream within certain time of parturition interfering with authorized persons inspecting milk, etc officer or employee conniving at violation of milk Inspection sick cows and horses about milk-stables < manufacturing, using, selling milk adulterants, preserva- tives, etc 557 46 559 51 584 140 588 154 589 160 591 166 597 192 598 193 600 195 GOG 209 607 211 608 213 609 216 610 217 610 218 GU 219 611 221 655 396 643 349 643 350 644 356 644 357 645 360 G4G 364 G4G 365 647 368 647 368 648 371 6.")0 377 653 385 654 392 655 396 672 489 673 492 673 493 674 494 675 495 675 497 675 498 676 499 OSS 555 676 500 676 501 677 .-.02 677 503 677 504 67S 505 678 506 679 .507 679 508 679 510 680 512 679 511 1256 INDEX TO REVISED CODE' OR GENERAL ORDINANCES. Index to Charter and Notes, pp. 463-542. lnde.\ to Scheme, pp. 279-2S6. Index to State Laics for Si.Lo«is,pp.225-256. MISDEMEANORS— Continued. page. Violations of Dairies and Cmc-Stahle Regulations. failure to observe regulations to lieep stables, etc., clean .... 681 failure to have sewer connections with dairies or interfering with catch basins, etc 681 running dairy or cow-stable without ordinance being ob- tained 681 violating regulations for building cow-stables or dairies 682 dairies and cow-stable nuisance, failure to abate 683 sick cows, milk not to be sold, cows removed, etc 685 connivance of officer to violate article of dairies and cow- stables 685 sale of milk from dairy where prevails small-pox, fever or contagious disease, etc 685 violation of article where no other penalty provided GS6 dairymen without location, failing to have weights and meas- ures tested 1117 connected with nuisances. sinks, basins, etc., when nuisance 697 f fiQ7 filthy water, nauseous liquids, etc •! p„„ rubbish, putrid meat, offal, garbage, etc 698 burning stuff on street or lot. (See Fires.) 699 dead animals, filth, rubbish, etc., on streets 699 failure to whitewash slaughter-house 700 failure to cut weeds, or remove 703 penalty for violating provisions of article on nuisances, etc. 706 I 707 failure to abate nuisance on notice, etc . -, q [ 711 interference with contractor for city, abating nuisances 713 f 1065 obstructing sewers so as to create nuisance ■< 701 I 1065 connected icith streets, alleys, sirleicalks. gas, sewer and water connections not made in advance of street construction 757 cross-grade for alley requirement 757 constructing sidewalk contrary to ordinance 759 misplacing gas or water stop-cocks i _,j; disregarding regulations for vaults under sidewalks 762 failure to fence, etc., excavations, or display danger-signal. (see also excavations) 763 rubbish from burned buildings on sidewalks 760 disregarding regulations for temporary occupation of streets and highways for building purposes. . . .> 760 barbed wire fences along sidewalks 805 driving on sidewalks, hitching to tree, etc 806 failure to protect excavations for public works. See Excava- tions. making unauthorized — See Excavations. vaults extending into streets to be covered and protected.. 806 openings in sidewalks, failure to follow regulations 806 insecure or open cellar doors or gratings 806 projecting signs, goods on sidewalk, obstructing street, etc.. S06 projecting balconies, show windows, etc 812 fruit, candy or newspaper stands interfering with traffic... 807 throwing fruit, etc., on walk or highway 807 hoisting merchandise, etc., over highway 808 injuring public property on highway, etc 808 defacing public property on highway, etc 808 throwing coal or firewood on highway ., 808 - obstructing street by vehicle 808 SEC. 515 516 517 519 523 531 532 533 534 2546 554 589 598 590 597 598 600 619 621 630 637 647 648 653 668 2319 611 2322 898 900 908 1244 913 920 925 930 930 1209 1210 1212 1213 1214 1216 1243 1217 1218 1220 1221 1224 1222 1223 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1257 C Index to Charter and Xolen, pp. 463-')42. J Index to iSchfine, pp. 279-286. ( Index to State Louis /or St. Louis, pp. 225-256. MISDE.MEANORS— Continued. (Connected with streets, alleys, etc. continued. 1 pace. sec. unauthorized obstructions In highways — See Obstructions. f 808 1225 I xoq 1'^*'7 spilling dirt, garbage, etc., on street from wagon .; _„;, Z":, [ 717 088 same, wko liable 809 1227 pouring or spilling liquids on asphalt or bituminous streets. 809 1228 failure to observe regulations as to oil-using vehicles, auto- mobiles, ice-cream wagons, etc 810 1232 failure to keep sidewalks, aUeys and gutters free of tilth. snow and ice . ." SIO 1234 throwing stones, shooting arrows, pellets, etc., on highways.,' oq, ,-.,. selling horses or live stock at auction on street 1021 < "*^~ littering streets, advertising on sidewalks, etc 810 1235 Injuring appliances or apparatus for lighting city 811 1236 breaking or removing danger signals 811 1237 failure to fill up or fence holes or excavations on notice Sll 1239 making fires on streets, sidewalks, etc. — See Fire. street walkers plying trade 871 1518 throwing confetti or flour on streets, etc. — See ord. 22564, on p. 1150, or note to Sec. 153Ta 877 1537a drinking on, or creating disturbances on the streets 877 1538 parades, processions, etc., when prohibited i. ?i? . ?f ^ speed limit for automobiles, etc i H^ J—o driving on — See Driving. kite flying on streets 882 1562 ball playing on highwavs 882 1564 driving cattle — See Cattle. throwing articles on streets, etc., that may injure animals or persons 891 1609 for liolations connected with Market provisions: occupying or transferring stall without permit 854 1425 persons other than market-master weighing 857 1439 offenders of market and market-master article 858 1443 selling nnsoimd meat or food, etc 859 1453 connected tcith license ordinance violations: removal of garbage without license 717 689 not displaying metallic garbage plate on wagon 718 691 selling at markets without license 857 1441 keeping meat-shops without license 863 1476 junk-dealers operating without license 890 1605 unauthorized or counterfeit vehicle or dog license plate 892 1618 violating plumbers' license regulations — See appendix, ord. 23007 1150-1153 violating vehicle license requirements or vehicle tires regu- lations, etc 933 1810 painting over license plate or putting on plate not authorized 936 1814 failure to pay vehicle license 941 1831 violation of article on auctioneers' license 1021 2136 violation of article on bankers, brokers, insurance co's, etc. . 1022 2144 failure of foreign insurance company's agent to pay license 1053 2280 doing business as commission merchant or merchandise broker, or assisting, without license 1023 2149 violating article on dramshop licenses 1029 2164 operating electric batteries without license 1029 2168 fortune tellers and astrologlsts, unlicensed 1030 2172 operating hotel or boarding house without license 1030 2175 doing real estate business without 1031 2178 doing Intelligence (or employment ) office business, without. . 1032 2183 manufacturers falling to comply with article 1032 2185 manufacturers failing to make return of sales 1034 2192 125S INDEX TO REVISED CODE OR GENERAL ORDINANCES. {Index to Charter and Notes, pp. 463-542. Index to Scheme, pp. 279-286. Index to State Laws for St. Louis, pp. 225-256. MISDEMEANORS — Continued. (License matters, continued.) p.\ge. sec. manufacturers malting false statement 1034 2193 merchants failing to get license or otherwise violating article 1035 2195 merchants making false statement 1037 2204 running restaurants without license 1038 2208 pawnbroker violating article on 1040 2218 peddlers and hawkers without license 1041 2219 C 1042 2223 violation of article on peddlers and hawkers \ 1042 2225 ( 1043 2230 violation article on ticket brokers 1044 2235 violation article on runners 1046 2246 doing business without license as stockyards, sales-stables or horse and cattle dealer 1047 2255 vault-cleaners, unlicensed 1050 2269 billiard tables not properly licensed, etc 1051 2273 violation of license article for sundry vocations 1053 2279 penalty failure to pay licenses < . ^,'3, 29«- unlicensed persons in charge of steam boilers or elevators.. 106S 2334 using city water without license, or abusing water privilege, etc 1101 2475 using portable scale without license 1128 2586 inspection or measuring of lumber after revocation of license 1129 2594 measuring lumber without license 1130 2599 offenses affecting piiilic morals and decency. drunkenness in public places 870 1515 indecent exposure, indecent dress, dress of opposite sex, lewd behavior, etc 870 1516 lewd books, pictures or plays or performances 870 1516 indecent pictures or paintings in saloons 1028 2162 swimming in the daytime 870 1517 keeping bawdy or assignation houses, or harboring girls under IS 871 1518 frequenting or being inmate of bawdy house 871 1518 permitting house to be used as bawdy house after notice from police 871 1518 street-walkers at night, or at beer-gardens, or as dancing girls, etc 871 1518 male frequenters or keepers of bawdy-houses 871 1518 bawds plying vocation 871 1518 note of decisions on bawdy houses, etc., see note to sec. 1518. 871 enticement or attempted enticement of girls into bawdy- house, assignation, etc 872 1519 employment of lewd women in dramshops 872 1520 opium dens, keeping or attending 872 1521 improper advertisements for alleged cure of venereal diseases 873 1522 distribution of advertisements or books on venereal dis- f 1523 eases or for abortions, non-conception, etc 873 \ 1524 newspaper advertisements for venereal diseases, or abor- tions, non-conception, etc 873 1525 gambling device, setting up or permitting playing 874 1526 betting on gambling device, etc 874 1527 permitting premises to be used for gambling 874 1528 keeping common gaming house 875 1529 letting premises for gambling device 875 1530 gaming, cards, dice, betting, etc 875 1532 establishing lottery or aiding or advertising lottery 875 1533 sale of, or keeping tickets for lotteries 876 1534 letting premises for lotteries 876 1535 f 1586 spitting in public places 886 \ to (.1589 pigeon-drcpping 897 1633 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1259 Index to Charter and Xotes, pp. 463-542. Index to tirheme, ]>[>. 279-2S6. Index to State Laics for S/.LoiMS,pp.225-25C. MISDEMEANORS— Continued. affecting public order or peace: riotous assemblies disturbance of the peace, assault, fighting, etc throwing confetti, flour, etc. See appendix. Ord. 22564, p. lloO, or note to sec. 1537a disturbance of peace on streets or public places, profane language, canning beer, loafing, etc keeper of dram-shop permitting disturbance, selling liquor to drunken person bands of music, parades, processions | disturbing religious worship disturbing lawful assemblages, refusal to disperse blowing whistles in factories, mills, etc false fire alarm, intentionally caused ringing bells for auctions, etc hand organs, or other musical instruments, on streets carrying slung shot, brass knuckles, etc carrying concealed weapons without permit <. decisions on carrying concealed weapons. See note to sec. 1549 offenses affecting the public safety. [See also under Misdemean- ors, miscellaneous.^ speed limit for automobiles and horseless vehicles same, references to State Laws. See note to sec. 1551 regulations for automobiles fast driving, runaway horses, collisions, cruelty to animals driving with or without bells I rules of the road — See Drivino kite fl-in-. " blasting rock near highway — See SloncQuarries. firearms loaded with ball discharge In theatres •' selling firearms or ammunition to minors speed over bridges — See Bridge: Driving. general penalty clause violation of article. driving cattle through streets — See Cattle. violation of steam railroad ordinances: failure to keep gates and watchman at crossing failure to observe regulations as to obstructing streets, manning cars, ringing l)ell. whistling. I):icklng up, etc.. obstruction of streets Intersecting Poplar, by railroads climbing on engine, while In motion connected icith street railirai/s or street cars: spitting In street cars . . minors getting on moving cars [repealed] violation of speed or time schedule sections violation of any section not specifically covered promulgating or preparing unlawful schedules violating regulations slowing down, receiving or discharg- ing passengers, ringing gong, etc .^ printed copy to be posted in cars, failure Is failure to use new fenders on street cars operating cars without fender.^ getting on tenders 876 1536 S77 1537 S77 1537( 877 1538 878 1539 878 1540 879 1547 S7S 1541 878 1542 879 f 1543 I 1544 879 1545 879 1546 879 1547 879 1548 879 1549 880 1550 880 Q»JA / 1551 \1552 s.so 8S0 1553 to to 881 1557 SM 1558 SSI 1558 881 1.559 882 1560 882 1562 882 1566 882 1567 883 / 1568 \ 1569 883 946 1573 1853 948 1858 949 1861 949 1862 SS6 l.->86 892 1617 955 1868 955 1868 935 186S 957 1871 957 1872 958 1874 958 1875 958 1876 1260 INDEX TO REVISEJD CODE OR GENERAL ORDINANCES. C Index to Charter and Notes, pp. 463-.542. \ Index to Scheme, pp. 279-286. ( Index to State Laws for St. Louis, pp. 225-256. MISDEMEANORS — (Connected with street-cars— continued.) p.\ge. sec. failure to use proper brakes on street cars 959 1877 failure to provide new brakes wlien required 9.59 1878 failure to observe provisions for guage, rails, etc 960 1880 failure to reconstruct tracks, etc 960 1881 failure to repair space between rails 960 1882 violating any provision of street railway ordinance 961 1883 driving contrary to right of way of street cars 961 1887 street railway companies failing to report as required, or interference with inspectors investigating reports. .. 1049 2261 street railways failing to pay license on notice 1049 2262 failure of company to keep crossings and termini clear of mud, snow, ice, etc 9G2 1890 failure of street car company to sprinkle space between rails, etc 966 1903 connected with weights and measures, weighers, scales, sales, etc. selling less quantity of firewood than ticket shows 633 329 concealing or attempting, weights and measures from in- spection 1114 2532 false measures or weights, unauthorized use, etc 1115 2536 using unstamped measures, altering, etc 1115 2538 failure by dairymen, hawkers, i)eddlers, junk or rag dealers, without business location, to have scales and measures tested 1117 2546 sale in violation standard bushel box 1117 2547 violation in general of article on weights and measures.... 1117 2548 selling corn or oats otherwise than in prescribed way 1118 2551 violation of regulations weighing at private scales 1120 2558 violation regulations by public or private weighers, what are regulations 1121 2562 bringing certain articles into city or selling, without being weighed on authorized scales 1122 2564 wagons for the sale of certain matter to be stamped bv weigher 1122 2565 drivers of coal, hay, cereals, etc., may be required to go to weigher, false certificate, misdemeanors, sale of wagon aud contents, f>tc 1123 2567 wrongful charge for weighing 1124 2568 failure of owner of scales to file statement of his interest therein 1124 2569 f 1125 2572 dealing in unweighed coal, etc., prohibited < .,^g J--g selling short-weight, altering certificate, frauds in weights, ( 1125 2573 etc (1126 2574 liquor at weighing scales ■ 1126 2575 persons unauthorized acting as weighers 1126 2577 persons interfering or abusive, etc., at weighing scales 1126 2578 weighers and sureties not to deal in articles weighable 1126 25SO weigher not requiring packages on wagon to be properly arranged 1127 2581 general misdemeanor clause for violating weighers' and weighing article 1127 25S3 violating article on lumber measuring 1130 2599 MISSISSIPPI RIVER— See Wharf: Harbor and Wharf Commissioner: Obstructions; Bridge: Jurisdiction ; Boats: Riparian Rights, etc.; Stcim- miiif/: Driftii-'ooil. MISSOURI HISTORICAL SOCIETY— authorized to erect building in Forest Park, archaeological pur- poses, etc., see ord. 22593. appendix 1164 MISSOURI INSTITUTION FOR EDUCATION OF BLIND. powers of Board of Health concerning C04 447 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 12C1 Index to Charter and Xotes, pp. 463-542. Index "to tublication. when 769 of change, alteration, etc., of poles or wires in streets ' '^^ to remove dead electric wires 793 to fill or fence excavations 811 to properly locate gas and water stop-cocks 812 to property owners to select shade trees 814 and process in Police Court cases, to be on City Attorney for city S27 Of special session of Municipal Assembly ■ °'t'l I oOu to Mayor of Installation, from Municipal Assembly 8C5 that dogs must be muzzled 899 of charges to be served on suspended elective officer 909 I 909 to council of removal or suspension of officers < q " of escaped work-house prisoners 921 of fenders for street cars 958 of brakes for street cars 959 to repair street-car tracks 960 of report use of railroad way by another company 9G4 to Mayor of surrender of street railway franchise 965 of special meetings B. P. I / ' no action without notice to absent commissioners 969 of proposed meeting of B. P. I. to consider street or alley im- provement, etc 969 of hearing of complaints against defective public work 972 of lettlngs for public work — See Public Work; Advertisements. of difference between return and assessment of personal property for taxation 1011 of completion of books In assessor's office 1011 by publication of merchants and manufacturers provisions as to license taxes — See Puhliratinn. prior to revocation of ticket broke^8 license 1044 by license collector to street railways to pay license 1049 of hearing before B. P. I. to compel connection with private sewers 1061 of Inspection of boilers ten days in advance 10G7 of change of employment from licensed engineers 1072 of defects in elevators from Inspector 1074 of plans, etc., and contract for building new boilers or' elevators. 1074 SEC. 210 216 217 350 355 302 522 529 576 578 591 821 878 904 910 934 935 1124 1183 1151 1239 1244 1255 1302 1379 149G 1491 1644 1697 1692 1703 1757 1874 1877 1882 1897 1900 1905 1906 1914 1918 1927 1928 2095 2096 2234 2262 2311 2329 2349 2361 2363 1264 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Charter and Notes, pp. 463-542. Index to Scheme, pp. 279-286. Index to i j^Qg^ when tenement, boarding house, etc., to be deemed 702 leaking from defective pipes, etc 702 f 702 ponds, when j ■jqj^ pond, how abated, notice, hearing, etc 710 pond, expense draining, filling, etc 712 discharge into street of filthy water, etc 703 wells and cisterns, when 703 weeds, when ''^^•^ SEC. 2434 2482 2491 2495 2510 2512 367 19(i4 410 1964 450 636 521 585 522 522 523 574 575 612 584 585 586 588 589 590 591 595 596 597 598 603 604 605 606 608 609 614 610 611 2318 ( 612 \ 613 615 616 638 648 659-661 617 618 f 619 ( 623 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 12G5 ■ Index to Charter and Notes, pp. 463-542. Index to Scheme, pp. 279-286. . Index to State Laws for Sf. Louis, pp. 225-256. NUISANCE— Continued. ordinance required tor stone-quarry, briclt-lvlln, soap factory, gar- bage or rendering worlis, Ilvery-stable, automobile worlis, etc. same — exieptions, what builciings so used manufacturing injurious articles, or emitting bad smells, etc.... in general defined penalty for violating provisions of article on dead wires which are meat-shops to be kept clean and free of when meat shops are when smoke emission is a — See Smoke. ahatement of. by Health Commissioner I'.VGK. 704 705 705 705 706 793 S63 863 ••■I of dairy or cow stable ■* decisions on, see note to heading of Chap. 11, Art. 12. . . on filthy premises ■' duty of police power of police and employes of Board of Health to enter premises Board to confirm Health Commissioner's actions in declaring f nuisance \ notice to abate, hearing, etc. (see also below). penalty for failure to abate. Health Com'r. to report action of Board of Health on report Board to direct abatement work, and how paid for. . President Board Pub. Inipts. controls abatement of. when President B. P. I. to direct work manner of service of notice to abate. appearance at trial, order to abate abatement of pond nuisances, notice, hearing, etc. proceedings to abate, in general ... Health Com'r to keep record of abatements apportioning cost of abatement apportioning cost abating pond nuisance by drainage same where abated by filling same where both drained and filled President Board Pub. Imp. to contract to abate, when defective drainage, sewers, vaults, cesspools, etc., expense.. cost of abatement, how certified f 7 penalty to abate J i f cost of abatement when charged as special tax decisions on charging as special tax — see note to sec. 655... abatement cost special tax lien 712 665 707 683 683 693 69S 709 706 706 707 708 707 709 709 711 70S 710 711 70S 710 70S 710 70S 973 709 709 709 711 711 709 709 710 707 710 710 to 711 711 711 712 712 712 712 712 712 712 713 713 .SEC. 025 626 627 628 630 1151 1477 147S 450 636 522 523 590 042 031 632 C36 639 637 642 644 651 637 647 653 C3S 649 639 650 640 1935 641 643 644 652 654 645 646 647 637 648 649 to 653 655 ( 656 '( 658 65T 658 659 660 661 662 662 664 666 12CG INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Charter and Notes, pp. 463-542. Index to Scheme, pp. 279-286. Index to State Laws for St. Louis, pp. 225-256. NUISANCE— Continued. page. sec. special tax bills for. how made out 713 G67 contractor, abating, right of entry to premises 713 668 contracts for work for abating, special tax bills, how issued 713 G69 burying dead animals in city — See Dead Animals. removal and abatement by Mayor 867 1500 abatement of smoke-nuisance — See Smoke. NUMBERING OF HOUSES— See Houses. NURSES- See St. Louis Training School for Nurses. Also names of the city institutions. supervisor of 726 743 qualifications of supervisor of 727 745 salary of supervisor of 727 745 salary of 750 872 rules for selection of, ord. 23001 in appendix 1142 o OATH— by clerks of Police Courts 820 1273 by party acting for disqualified marshal selecting jury 825 1288 of jury in Police Court .• 825 12S9 to be taken by all officers 906 1675 filed with Register 906 1679 administered by President Board Pub. Improvements on hearing. defective work 973 1930 administered by President Board of Assessors 1009 20S1 of district assessors to reports 1009 20S3 of Builder on Board Equalization 1013 2101 I 1032 '^186 ■ of manufacturers to license-tax statement ■ ,„o, oioo of merchant to license-tax statement 1035 2197 required of pawnbrokers 1039 2210 Auditor may administer 1086 2409 OATS— to be sold by what measure 1118 2551 OBSCENITY, OBSCENE ADVERTISING OR PICTURES, ETC. See Misrlemeanors. OBSTRUCTIONS— fire-escapes and stairways to be free of 584 140 aisles in theatres and public assembling places to be kept free of. 60S 212 in river, city cannot place, note to sec. 345 636 east of eastern wharf line 643 349 in harbor by wrecked boats, proceedings 644 355 of wharf by goods, etc., how removed 645 361 of wharf in general, misdemeanor 647 367 of wharf to be removed, penalty for failure 647 368 i- (? c 1 ^ Q 9 by sinking or wreckage of wharf-boats, docks, landings ■ ggo ogi by sunken ferry-boat CGI 431 of wharf and levee to be prevented by Harbor and Wharf Com'r. 982 1964 of highway, when a nuisance — decisions on — see note to Chap. 11, Art. 12 696 to navigation in Mississippi- — see note to sec. 345 and note to Ch. 11. art 12 696 in streets to be guarded by danger-signal, etc 763 924 temporary, of streets, while bviilding, regulations, removal, etc.. 765 928 same amended, ord. 22SS5. appendix 1145-1147 temporary, of streets and highways, see decisions and references to sec. 928 767 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 12G7 (Index to Charier and Notes, pp. 4G3-542. Index to Scheme, pp. 279-2SG. Index to tilate Laws for St. Loiiin. i)p. 225-256. OBSTRUCTIONS— Continued. i-.uiK. .skc. temporary, power of Street Commissioner to remove 706 928 and rubbish from burned buildings on sidewallv 70S 929 of sidewallis, by mercliandise, projecting siKus, tlirowing articles on. etc 800 1216 in hiiihways. preliminaries for removal, Street Commissioner, etc. who to act. etc 768 932 In highways, duties of City Counselor, Mayor, Marshal 769 933 unauthorized, in highways, misdemeanor 808 1224 notice to remove from streets and highways 769 934 In highways, etc.. to be removed by Marshal, when 769 936 special tax for removal of — See Special Tax. certain wires, etc.. not placed underground, deemed 780 1097 of streets by steam railroads forbidden 948 1857 of Poplar street by railroads forbidden 948 1860 ,1064 2318 , 701 611 or sewers ^ jpgg ,321 (^1065 2322 OFALLON PARK— See Parks. OFFAL,— See yuisance; Oarbage. OFFENSES— See Misdemeanors. OFFICE— what located In City Hall 548 all. to be assigned by Mayor 548 where, of coroner 616 tenure of. not to be affected by repeal unless, etc 850 of Commissioners of Charitable Institutions 913 of Boiler and Elevator Inspector In City hall Iii67 OFFICE BUILDING— See BuiUlinps. height of, permitted 567 floor area — load permitted 5C8 partition walls in ' 575 fire stops in partition walls in 575 stairways in 582 flre-escapes In 583 strength of floors required In 592 1 2 247 1412 1716 2331 71 75 107 109 137 138 173 OFFICERS— See under names of respective officers. appointed by the Mayor — See Mayor. approved by the Mayor — See Mayor. approval of by Council — See Cuiini H. City Attorney to advise 836 of Council or House — See Council: House of Delegates. Impersonating, misdemeanor — See Police: Misdemeanors. c)uallQcatlons of all officers; officers can hold only one office 906 commission required before acting 906 oath to be taken by all 906 bond to be given by , 906 approval of bond of 906 Issuance of lomniis.slon. filing of t)ond and nalli 90fi when required to give new bond 907 when Mayor to send his appointments of, to Council for confirma- tion 9"17 1339 1673 1674 1675 1676 1677 1079 1680 1685 1268 INDEX TO REVISED CODE OR GENERAL ORDINANCES. f Index to Charter and 'Notes, pp. 463-542. < Index to Scheme, pp. 279-286. (index to State Laws for St. Louis, pp. 225-256. OFFICERS— Continued. page. sec. deputies, assistants and clerks appointments must be approved by Mayor before qualified 907 1686 removal of, by Mayor — See Mayor. decisions on removal of. see note to sec. 168G 908 changing residence from city, vacate their office 908 1687 leave of absence: effect if ab.sent without leave 908 1C88 elections to fill vacancies — See Elections. removal of, for what acts or omissions 909 1691 fraud, oppression, negligence, favoritism, etc., when misdemeanor 909 1691 elective officer, when may be suspended by Mayor 909 1692 Mayor may fill place of officer under suspension 909 1694 suspension of elective, how effected, charges 909 1693 charges against suspended elective officer sent to Council, Special Session of Council 909 1695 committee of prosecution to inquire into charges 909 1696 committee to frame charges, day set for hearing 909 1696 charges and notice to be served 909 1697 trial of charges against elective, procedure 909 1698 removal of elective, new election 909 1698 proceedings trial by Council to be entered on journal 910 1699 subpoenas for trial by council of, (elective) 910 1700 depositions at trial of, in the Council 910 1701 representation by counsel of accused, and of city 910 1702 removal of appointive, by Mayor, proceedings 910 1703 appointive, removed, how temporarily filled 910 1703 appointive, removed, how vacancy filled 910 1704 removal of- appointive, by Council, when 910 1704 no salary to officer during suspension 911 1705 removal of elective on motion of Council, charges, conditions, etc. 911 1706 to make return lists of all property in their charge 911 1707 to make estimates of needed supplies once a mouth 912 1709 to prepare bills, accounts, etc., vouchers monthly lOSO 2389 to make requisitions once a month — See Requisitions. vehicles of, how marked — See Vehicles. removal of, by Commissioners of Charitable and Penal Institu- tions, conditions, etc 914 1720 conniving at overcharging for vehicles, etc 943 1842 accounts against city to be vouchered by, etc | .. „„„ " (,. fiscal, to report to Comptroller, etc 1082 2394 examination of accounts and books of officers by committee 10S5 2404 same, by Comptroller 1091 2435 no warrant to, owing money to city, nor to assignee 1087 2416 owing money to city over ten days, what steps taken 1087 2417 Auditor to have free access to books, records, etc., of 1088 2421 OIL WAGONS OR TANKS— See Vehicles. OPERA HOUSE— See Theatre; Buildings. OPIUM DENS— keeping or visiting, misdemeanor. 872 1521 ORDINANCES— violation of, see Misdemeanors. violation of, as basis of cause of action, see note to sec. 1234, p. 810 : also to sec. 1S64 951 violation of, proceedings, in police courts 816 1265 violation of, full note concerning nature of proceedings S16-S1S concurrently declaring offenses with statutes, see note to sec. 1265 816 validity of. on misdemeanors, see note to sec. 1265 816 duty of City Counselor to pass on bills pending 841 1369 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 126» 1 Index to Charter and Notes, pp. 463-542. Index to Scheme, pp. 279-2S6. Index to slate Laws for St. Louis, pp. 225-256. ORDINANCES— Continued. i-.vendlx 1160 license not transferable lO'*^ without place of business, how scales, measures, etc., tested failure misdemeanor 2227 2228 2228 2229 1117 234«-. 1272 INDEX TO REVISED CODE OR GENERAL ORDINANCES. {Index to Charter and Xotes. pp. 4G3-542. Index to ticlieme, pp. 279-286. Index to titate Laws for St. Louis, pp. 225-256. PENALTIES— Continued. p^,,f,, jury in Police Courts to assess §95 ' not affected by repealing ordinance ' ^''^ \ 850 f 900 wliere none specifically declared t to 1 901 for escape from Workhouse 921 PENSION— for firemen, act accepted PENT HOUSES— how constructed PERISHABLE ARTICLES— See Fruit, YefjetaUes, etc.; Misde- meanors. PERFORMANCE— See Theatiical Performance. PERMIT— See Commissioner of Puilic Buildings. blank, issued by Register's office required for all work from Building Commissioner penalty for constructing or altering without form of application for on filing of proper plans and specifications revocation of extension of cost of .' cost of, for billboards, signs, heating apparatus, etc for boilers, ovens and furnaces in buildings for stoves, ranges, heating apparatus, etc to operate new theatre to discharge firearms to discharge fireworks and pyrotechnics for excavation on wharf to cut ice, when and how obtained. for removal of carcasses of animals. >. for burials for removal of body from city before landing passenger or freight from infected sections. for opening graves, etc., required for crematories to abutting owner to construct sidewalk for cross-walk for private persons to construct streets, etc for vaults under sidewalks (see also Vaults) ■. for excavations in streets — See Excavations. for temporary occupation of streets, etc., while building for stationary awning < for exception to underground wires, tubes, cables, etc to place "wires, etc., under ground, from B. P. I / 629 580 \ - SEC, 1291 1405 1400 1650 to 1653 1758 304 123 1006 2063 556 42 557 46 558 47 558 49 559 51 559 53 560 54 560 54 586 150 587 151 607 210 612 228 612 229 64S 3G9 689 558 to to 690 568 (• 679 \ 680 i 681 715 720 701 720 702 743 829 747 S57 744 837 745 846 741 S22 745 844 749 866 749 867 749 868 757 901 758 902 761 917 761 919 973 1933 765 928 777 11190 777 1091 779 1095 781 109» 782 1102 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1273 r Index to Charter and Notes, pp. 463-542. •^ Index to. S'l'heme. pp. 279-2SG. ( Index to Stale Laws for tst. Louis, pp. 225-256. PERMIT— Conlinued. paoe. no permit for wires, conduits, etc.. until ordinances accepted.... 785 for stringing wires, cables, tubes, to authorized companies.... 787 for stringing wires on telegraph and telephone poles 787 none for immoral wiring connections 789 for jilanting, trimming, destroying or injuring trees, from For- ester 814 for interfering with roots of trees, etc 814 for market-stands, transfer of, etc. — See Markets. for parades, processions, bands of music in streets S7S for carrying concealed weapons, required S79 for any show, exhibition, flying horses, etc., required XiA for picking rags, required 889 in connection with plumbing and drainlaying 927 in making attachments to, or altering, repairing pipes of Water- Works, see M'ater Conneetions. for vaults under sidewalks, and sign-i)osts / I'.'i ( t ul for weighing scales 973 for picnics — See Parks. for sewer and water connections required 930 (1058 for sewers of all kinds and connections therewith J 980 I 930 same — what to contain 1058 no. for sewer connection until sewer special taxes paid 1059 same — validity of section sustained — See note to Sec. 2304 1059 no. to connect with certain sewers while constructing, except under certain conditions 1059 work done on sewers without, effect of, damages lOGO from B. P. I. to connect with private sewer, how obtained 1061 plumbers not to allow others to get, in plumbers' names 1112 none to plumbers for taps, fine unpaid or bond not renewed.... 1112 PESTILENCE — See Cunlariious and Infectious Diseases, etc.; Epi- tiem ics. PETROLEUM— f 613 regulations concerning ] 613 I 613 removal from wharf 645 PHOTOGRAPHIST— ('1051 license provisions concerning \ to I 1054 defined . 1051 PHYSICIANS— on Board of Health 662 list of. kept by Board of Health 6G3 to be furnished to druggists on application 687 to report births, deaths, etc 719 practice of medicine or surgery — See Mcrlii ine and .s'urj/erj/. practicing without compliance with article — See .Medicine and Siirjiery. to sign death certificates... 742 to sign burial certificates 720 burial without certificate of. forbidden 720 certificates to Insanity — See Insane Persons 728 ilisnensary. duty as to insane — See Insane Pcrsiins. duties in cases of contagious. Infectious, etc., diseases — See Con- tagious or Infectious Diseases. .«EC. 1111 1119 1120 1128 1257 1258 1540 1549 1593 1606 1604 1793 1933 919 1934 1798 2303 1955 1798 2303 2304 2305 2307 2311 2525 2526 232 233 234 360 2270 to 2285 2271 437 441 547 f 694 ■( 695 827 701 702 755 1274 INDEX TO REVISED CODE OR GENERAL ORDINANCES. f Index to Charter and Notes, pp. 463-542. J Index to Scheme, pp. 279-2SG. (index to State Laivs for St. Louis, pp. 225-256. PHYSICIANS— Continued. page. in cases of consumptives — See Contagious, etc.. Diseases. certificate in case of cremations 749 city, salaries of 750 employed to stay at workhouse 922 at workhouse, duties, powers 922 PICNICS— in parks — See Parks. PIGEON-DROPPING — persons engaging In, when vagrants S96 defined 897 PIERS— See Buildings. PILING— in construction of buildings 56S PIPES— See BniUlings : Water-Connections; Sewers. draining water from roots into sewers 578 gas and water, in buildings 581 sewer and waste pipes, connections with sewers, etc 1063 smoke, in buildings, regulations . . '. 587 hot-air, registers, steam, etc.. In buildings 587 connecting gas — See Oas Connections. connecting water — See Water Connections. down spouts, etc., how to be constructed, failure is misdemeanor 806 connections, etc., included in term plumbing 930 breaking, city not to be liable 961 laying of, extending, excavating, etc., ordinances to be prepared by B. P. 1 968 through which steam passes, how connected with sewers 1064 cutting off water pipes, when and by whom 1102 attachments with water-works pipes, etc. — See Water Connec- tions. repair of water-works, etc. — See Water Connections. PISTOL GALLERY— See Shooting Galleries. -^_- ^- PITCH— boiling, etc 611 PLANS AND SPECIFICATIONS— See Buildings ; Plumbers. ■ to be prepared by Building Commissioner for public Iniildings.. 550 of street improvements proposed 969 and profiles for location and graduation and establishing, etc., streets, Street Commissioner's duty 975 for sewers and extensions prepared by Sewer Commissioner.... 980 relating to harbor and wharf, prepared by Harbor and Wharf Commissioner 982 of contracts for building boilers or elevators to be shown In- spector 1074 PLASTERING— in buildings — See Buildings. PLATS— in street, etc., openin,gs — See Streets and Highicays. accompanying application for lease of unimproved wharf 052 In street obstruction cases 769 to be filed by users of electric wires, cables, tubes, conduits, etc. 786 r 969 endorsed by President Board Public Improvements ■,' ^gg SEC. 865 872 1765 1766 1632 1633 76 116 134 2314 153 153 1215 1799 1884 1913 2316 2483 223 12 1918 1945 1955 1964 2363 3S3 932 1118 1913 1917 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1275 r Index to Charter and Notes, pp. 4G3-542. ■j Index to Scheme, pp. 279-28G. (index to State Laws for St. Louis, pp. 225-256. PLATS— Continued. page. sec. of subdivisions or dedication of streets, etc., to be submitted to B. P. 1 9C9 1917 In Recorder's office 100:t 2051 in Assessor's office, duties, regulations ' J']''^ I'^fh PLAYGROUNDS— See note to heading of Chap 22a 931 PLEADING— summary and Informal In Police Courts — See Police Courts. ordinances, what requirefl, etc. — See reference In note to Sec. 1414 851 PLUMBERS— ordinances affecting — See Plumbing. Board of Examiners of, powers and duties of Board, term, com- pensation, rules, Secretary's duties, qualifications of licensees, registering of plumbers, plumbers licensed in other cities, examination fees, power to revoke licenses, penalty for vio- lating ordinances, amendments of plumbing ordinances, ap- lieals from Board, etc. — See new ordinance in Appendix. No. 2,'5007 1150-1153 registration of (prior to present Ord. 23007) with B. P. 1 92G 1788 suspension or cancellation of certificate of, by Board Pub. Impts. 926 1789 authority In general over, by Board Pub. Impts 92G 1790 Supervisor of Plumbing, office, qualifications, etc 92G 1791 Supervisor of Plumbing, subordinates, etc 926 1791 salaries and bonds of Supervisor and subordinates 927 1792 duties and powers of Supervisor of Plumbing, under whose con- trol make reports, inspections, approval of plans, connec- tions, etc 927 1793 under control of Supervisor, violation of ordinances to be prose- cuted 927 1793 removal of Supervisor of Plumbing by Board Pub. Impts 928 1793 to be registered, bonds for 928 1794 duties of registered, requirements for signs, unlawful when sus- pended, give names of men, etc 928 1795 registered to file |>lans, etc 928 1795 or sewer builders, journeymen, certificate required, etc 929 179G deposit fund of registered, fees. Inspection 929 1797 connections sewer and water, permit, etc 930 1798 plumbing and dralnlaylng defined 930 1799 right of entry of Supervisor of Plumbing, Into premises 930 1800 violation of provisions concerning, penalty 930 1801 Supervisor of Plumbing may require water-closets to be supplied from tanks 10G3 2314 suit on bond of for defective sewer-plumblng 1060 2307 violation of chapter on sewering, penalty 10G5 2322 desiring to connect with or alter city water-works pipes, requi- sites — See ^\'ater Connections. Supervisor of Plumbing to give certificate before allowing water connections 1108 2507 after testing new work, to shut off water 1111 2520 shutting off water for repairing, fees to be paid 1111 2520 work to comply with regulations of B. P. I. and to be approved by Supervisor of Plumbing 1111 2521 to make weekly return of work 1112 2524 not to permit others to use their names or get permits, or to have water turned on, etc 1112 2525 no permit for taps to, while fine unpaid or bond not renewed. . . . 1112 2526 PLUMBING— defective, etc., when nuisance, how replaced, etc •' I _ *'^- 1 713 665 and draining department under suiiervlslon of Board of Public Improvements 926 1787 1276 INDEX TO REVISED CODE OR GENERAL ORDINANCES. {Index to .^tate Laws for St. Louis, pp. 225-2.56. Index to Charter and Xotes. pp. 463-542. Index to Sc?ie«!e, pp. 279-2S6. PLUMBING— Continued. plumbers — See Phnnbers. page. sec. powers of B. P. I. over — See Plumhers. Supervisor of — See Plumbers. defined 930 1799 violation of article on 930 ISOI and sewering — See Seivers. connections — See Seicers: Water Connections. provisions of ordinances concerning can only be varied by B. P. I. 10G4 2317 regulations concerning, connected with sewering — See Seicers. where water-meters used only one connection with main allowed 1106 2495 defective, permitting waste of city water 1101 2474 PLUMBING AND DRAINLAYING— See Plumbers: Draintaying and Drainlayers. POISONS— See Drugs. regulations for sale of 6S7 545 sales to minors forbidden 687 545 to be sold only on prescriptions or permit from Board of Health 687 548 for external use, regulation of 687 549 penalty for violations of article regulating 6SS 550 POLES— of Fire and Police Telegraph Department j g^^ oij telegraph and telephone — See Telegraph and Telephone Poles; Electric Wires. Tubes. Conduits, Cables and Poles. POLICE— to report violations of building oi-dinances 611 220 telegraph — See Fire and Police Telegraph Department. to send fire alarm 631 315 Chief to report condition of gas-lamps, etc 636 343 to arrest persons cutting ice without permit 690 5G7 to prosecute violation of vault and privy article 692 581 to watch for nuisances by filth on premises, etc 698 592 to watch for throwing filth, etc., on streets 699 599 to report violations of weed-cutting ordinance 703 622 to report nuisances 706 631 power to enter premises to find nuisance 706 632 duty to report burial of dead animals in city 714 675 duty to report finding of carcasses 714 676 same, under present ordinance — See Ord. 22580 in Appendix.... 1141 duties to report garbage on premises 718 692 regulations and provisions as to insane — See Insane Persons. duty to notify Health Commissioner of contagious, etc., diseases 737 808 to promulgate quarantine rules 741 824 duty of, with respect to burials, etc 748 863 to enforce provisions against importing paupers and insane poor 750 870 to enforce temporary withdrawal of street from use 760 915 to report condition of streets and alleys, repairing and cleaning, f 769 93S and enforce street ordinances '. \ 770 939 to enforce provisions of article on electric wires, poles, con- duits, etc 7S9 1132 to enforce provisions as to electric service boxes and manholes 790 1138 duty to enforce ordinance against spilling matter on highways from wagons, etc 809 1226 duty to enforce article on City Forester and trees S14 1259 what officers of, may take bail in Police Court cases 822 1275 trial in police court of persons arrested by — See Police Court. officers arresting, to appear in Police Court as witnesses, with- out summons 826 1296 as witnesses, no fees — See note to Sec. 1297 826 to arrest offenders of market ordinances 857 1442 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1277 C Index to Charter and Notes, pp. 4C3-542. \ Index to Scheme, pp. 279-286. i Index to State Laws for St. Louis, pp. 225-25G. POLICE — Continued. p.\ge. sec. duty to assist Marshal impound cattle 884 1576 to enforce anti-spitting ordinance 886 loSS impersonating officer, or interfering with his duties 888 1598 to enforce ordinance against injuring i)ul)lic jjroperty, etc 889 1602 to enforce bird-protecting ordinance; violation misdemeanor... 892 1616 to assist in smoke abatement and report violations 895 1629 Chief of, to report to Smoke Inspector 895 1630 Chief of, to be notified of escapes from workhouse 921 1757 authorized to take up unlawful certificates of plumbers, drain- layers and sewer-builders 929 1796 to enforce railroad crossing ordinance, gates and watchjuen . . . . 947 1854 deputies in Harbor and Wharf Department to be special 983 19G6 to report and assist in convictions of violations of license pro- visions 1017 2115 chief may Inspect pawnbrokers' register 1040 2213 to arrest persons violating article on peddlers and hawkers 1042 2226 may require runners to exhibit license 1046 2244 Chief of, may inspect registry-book of second-hand dealer 1058 2300 to report to Assessor of Water Rates abuse of water privileges.. 1101 2474 POLICE COMMISSIONERS— See Polke. one of, shall be member Board of Health ! ogg j^g^. to promulgate quarantine rules 741 824 to instruct police to enforce article against importing paupers or insane poor 750 871 ( 7fi9 938 to report condition of streets and alleys < _„q • „,_ to give ordinances of City Forester and Trees to all policemen.. 814 1259 to receive advice from City Attorney or require him to act.... 836 1339 to be advised by City Counselor 841 1368 Market-Masters to apply to, for appointment as special police... 857 1441 to notify owners of houses used for immoral purposes 871 1318 to give copy of ordinance against injuring public property to police officers 889 1602 to license private watchmen 912 1714 duties respecting stands for certain vehicles, etc. — See Vehicles. to swear in deputies of Harbor and Wharf Department as spe- cial police 983 1966 park-keepers to be special, regular police to assist .in parks 997 2024 to endorse application for license for pawnbrokers 1040 2214 to endorse api)lieation for license for runner 1045 2236 to designate space or stand for runners at stations 1046 2245 to give certificate of character to applicant for license for sales- stable 1047 2254 POLICE COURT SOUTH OF ARSENAL STREET— See Police Courts. POLICE COURTS— established as First and Second District. . . 815 Justices of — See Police Justices. location of First and Second District location of Police Court South of Arsenal jurisdiction of, in general jurisdiction of Police Court South of Arsenal jurisdiction of, decisions — See note to Sees. 1264, 1265 jurisdiction over suits for fines, penalties, forfeiture, for viola- tions of ordinances nature of fines, etc., for violation of ordinance is civil nature of actions In, how far civil or (riinin;il — Shm note to Sec. 1265 816 1262 816 1263 832 1322 816 1264 831 1318 816 816 1265 816 12G5 127S INDEX TO REVISED CODE OR GENERAL ORDINANCES. C Index to Charter and Notes, pp. 463-542. J. Index to Scheme, pp. 279-286. I Index to State Laws for St. Louis, pp. 225-256. POLICE COURTS— Continued. page. See note to Sec. 1265 for decisions on Police Courts, etc.. as to necessity for arraignment and plea, jury trial, imprison- ment for debt, injunction, how cause entitled, abatement of proceedings, burden of proof, intent only, punishing man- ager of company, ordinances declaring offenses concurrently with State Statutes, penalty in excess of charter authority, etc .". 816-818 when judge should disqualify himself 819 hours and days of sessions of 819 Clerks of Police Court 819 Clerk of Court South of Arsenal Street 831 assistant clerks of Police Courts, duties, salaries, etc 819 additional assistant, duties, salary, bond, etc 820 clerks and deputies, qualifications, responsibility for. etc 820 duties of clerks of 820 trial and appeal dockets in 820 reports, costs, fee-bills, fines by clerks of 821 Clerks keep records, papers, etc., of 821 clerks issue execution for fines or remove prisoner to workhouse 821 Clerk assist City Attorney 821 ( 822 persons in custody to be tried first < o^r ( 822 bail bonds in, when and by whom taken ■■ o,^ bail bonds, when forfeited, procedure 822 suits or actions in, manner of bringing 822 form of statement of causes in 822 sufficiency of statements in 823 decisions as to sufficiency of statements or informations in — See note to Sec. 1279 823 no technical pleadings in — See note to Sec. 1279 823 statement in case of joint offenses 822 no dismissals in. for formal defects in statement 823 amendment of statement in 823 decisions as to amendments in — See note to Sec. 1280 823 summons to suits in. when to issue, how served 823 appearance confers jurisdiction — See note to Sec. 1281 824 appearance does not confer jurisdiotion on appeal — See note to Sec. 1305 828 trial of suits or causes in 824 cause abates by death of defendant — See note to Sec. 1282 824 proceedings by default, in 824 trial of persons arrested, no summonses, trial on report of Chief of Police 824 decisions as to report of Chief of Police to — See note to Sec. 1284 824 parties in custory for violating ordinances brought into court each day, etc 825 trial by jury, how many jurors, in 825 decisions when denial of jury in Police Court not unconsti- tutional—Note to Sec. 1286 825 jury in, venire for when to issue 825 when Marshal disqualified to summon jury in 825 oath by jury in 825 separate trials by persons jointly charged, when 825 joint trials for pigeon-dropping 897 jury to assess penalty, within what limits 825 what costs assessed on convictions in 825 dismissal on payment of costs 826 abatement of cause of complaint, costs paid 826 when prosecutor to pay costs of proceedings in 826 officers arresting to appear as witnesses without summons 826 fees of witnesses and jurors in 826 witness fees in, how claimed and paid 826 continuances of cases in, when allowed 827 SEC. 1266 1267 1268 1319 1269 1270 1272 1273 1273 1273 1273 1273 1273 1274 1285 1275 1299 1276 1277 1277 1279 1278 1279 1280 1281 1282 1283 1284 1285 1286 1287 1288 1289 1290 1634 1291 1292 1293 1294 1295 1296 1297 1298 1299 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1279 Index to Charter and Notes, pp. 463-542. Index to ScJieme, pp. 279-2SG. Index to Slate Laivs forSt. Louis, pp. 225-256. POLICE COURTS— Continued. page. application for continuances in 827 motions for dismissal to be made before trial, when S27 pleas must be before trial S27 depositions in cases before S27 all process or notice served on city in cases in. to be on City Attorney S27 absence of City Attorney, court appoints prosecutor 827 affidavits for city in cause originatins in, by whom made 828 appeals from, go to Court Criminal Correction 828 appeals by parties after commitment, etc 829 decisions and references on appeals from — See note to Sec. 1305 828 city may appeal from 828 decisions as to right of city to appeal — Note to Sec. 130G 828 execution for imposition of fine or penalty, when issued and form of '. S2S execution, how enforced 829 imprisonment in work-house for 829 decisions as to executions from — See note to Sec. 1308 829 decisions as to staying executions from — See note to Sec. 1308.. 829 staying execution and remitting fines by Mayor — See Mayor. appeals from, when and how by parties committed 829 appeals from, when defendant may deposit fine and costs in lieu of bond 829 when deposit for costs may be required of prosecutor or com- plainant 830 power of justices to i)unish for contempt — See Police Justices. collection from city of costs in proceedings in 830 no regular provisions. State laws as to Justices and Constables govern 830 persons fined, etc., to be reported daily to Mayor by Marshal... 830 change of venue authorized by Sec. 1314— See note to Sec. 1314 830 {831 832 change of venue to and from Police Court South of Arsenal... 832 conveyance to work-house of parlies committed, duty of Marshal 831 salaries of Clerks of Police Courts ■' H^ Police Court South of Arsenal Street, jurisdiction, etc 831 Justice of. South of Arsenal Street, appointment, salary, etc 831 Police Court South of Arsenal— See note to Sec. 1318 831 Clerk of Court South of Arsenal Street, appointment, duties, salary, bond, etc 831 Attorney for Court South of Arsenal, appointment, powers, salary 831 South of Arsenal, Marshal to Issue writs 832 South of Arsenal, practice, procedure, change of venue, appeals from, etc 832 process of all Police Courts to be executed by JIarshal 833 City Attorney and assistants — See City Attorney. trial of offenses, etc., not affected by repeal of ordinance f o-n Clerks of. to report convictions for overcharging for use of public conveyances 943 Clerk to notify Mayor of second conviction of weigher in 1122 Clerk to notify Street Commissioner of second conviction cf weigher 1127 POLICE COURTS CLERKS AND ASSISTANTS— See Police Courts. POLICE DEPARTMENT— See Police: Police Commissinnrm : PnJicc Courts, etc. vehicles of. how marked ... 912 SEC. 1300 1300 1300 1301 1302 1303 1304 1305 f 1309 \ 1310 1306 1307 1308 ( 1308 I 1309 1309 1310 1311 1313 1314 1315 1318 1323 1323 1316 1317 1319 1318 1318 1319 1320 1321 1323 1331 1405 1406 1841 2563 2583 1711 1280 INDEX TO REVISED CODE OR GENERAL ORDINANCES. ("Index to Charter and Notes, pp. 463-542. } Index to Scheme, pp. 279-286. I Index to State Laivs for St. Louis, pp. 225-256. POLICE JUSTICES— page. sec. absent or disqualified. Mayor to appoint Justice of Peace 815 1262 salary of First and Second District 831 1317 salary of temporary 815 1262 removal of — See note to Sec. 1262 816 jurisdiction of — See Police Courts. when duty to disqualify themselves in a cause S19 1266 • . * . J . , , .,*,-* » '819 1268 appointment of, and of clerks, and their terms, etc „gg j^^^g qualifications of 820 1271 Clerks and assistants of — See Police Courts. proceedings by — See Police Courts. may stay execution — See note to Sec. 130S S29 power to punish for contempt by fine or imprisonment S30 1312 when to be governed by State laws relating to Justices of the Peace 830 1314 may require bond of vagrants, when 897 1636 PONDS— when nuisances, and how abated — See Nuisance. conditions of admission to 731 f 1974 \ 1975 use of, by Fish Commission, etc 9S5 POOL TABLES— C 1051 2270 license provisions concerning \ to to [ 1054 2285 amount of license 1052 2274 POOR-HOUSE— two Fire-Department men at 625 285 what part used for incurable insane 727 748 insane persons at — See Insane Persons. location, and for whose benefit 731 771 Health Commissioner to control, make rules, appoint assistants, examine accounts, etc 731 772 f 773 t 774 rules and regulations for, inmates to be employed 731 774 Health Commissioner to report annually 731 775 office of Superintendent of 732 776 Superintendent of, appointment and term < „?„ 1509 powers and duties of Superintendent 732 778 ' discharge of employes at 732 778 bond of Superintendent of 732 779 Superintendent qualifications, give time to duties, receive board and washing 732 780 Superintendent's salary 732 781 dairy at. to be established by Health Commissioner 732 782 milk from dairy at, for poor-house and other institutions 733 7S2 dairy at, how constructed 733 7S3 appointment of help for dairy at, by Health Commissioner 733 784 purchase of cows for dairy at 733 785 price of milk from dairy fixed by Comptroller 733 786 receipts and expenses of dairy at 733 787 dairy employes and salaries; inmates help 733 788 disposition of cows in dairy, becoming dry 733 789 separate accounts for dairy, extraordinary expense approved by Comptroller 734 790 cows at dairy to be examined and treated by city veterinary surgeons 734 791 removal of Superintendent by Commissioners of Penal and Char- itable Institutions— See note to Sec. 1720 914 POPLAR STREET— See Steam Railroads. POSTAL TELEGRAPH CABLE CO.— ordinances affecting 779 1095 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1281 (-Index to Charter and Notes, pp. 4G3-542. J Index to.Sc/iewe, pp. 279-28U. ( Index to titate Laws for St. Louis, pp. 225-250. POULTRY— p,^P,P See Meat: Inspection of Meat. Fish. Vegetahles, etc. POWDER— regulations concerning 551-553 PRAIRIE CHICKEN— See Game. PRESIDENT OF BOARD OF ASSESSORS— See Assessment of Property. PRESIDENT OF BOARD OF PUBLIC IMPROVEMENTS— removal by, of appointees of Building Commissioner 550 approval of. of appointees of Building Commissioner 551-555 to approve appointees as watchmen for scavenger dumps 657 to approve additional help to clean levee and wharf 657 when directs work of abatement of nuisances 709 controls work for abatement of nuisances 973 to contract to abate nuisances, when and how 712 to make out special tax bills for abating nuisances 713 shall make out all special tax bills, etc 973 to assess special tax bills for sprinkling streets 772 may employ temporary help, street sprinkling article 775 to approve employes of Supervisor of City Lighting 790 appoints Supervisor of Plumbing 926 approves appointment of subordinates of Sui)ervisor of Plumbing 926 may call special meetings of Board Pub. Impts 967 pro tem. where President disabled from attending; powers 967 to appoint Secretary of Board 967 endorsements on plats of subdivisions, dedicated streets, etc., f 968 required I 969 letting annual repair contract 970 to endorse estimate of cost on ordinance for work 971 power to summon witnesses at hearing on complaint of defective public work 972 power administer oaths at same 973 furnish Mayor decision of hearing on defective work 973 general duties of 973 supervision over other Commissioners and departments 973 shall pass on pay rolls of any member of the Board 974 may appoint assistant. Assessor and Deputy Special Taxes 974 duties of assistant 974 salaries and bonds of assistant, deputy and aesessor 974 ( 974 additional employes and salaries \ 991 [ 991 draughtsmen for Special Tax Department 975 privileges as to deeds, etc 975 to approve appointments of Sewer Commissioner 981 to approve appointments of Water Commissioner 982 to approve appointments of Harbor Commissioner 983 to open bids for public work, etc 987 f 9SS duties as to notice and return of special tax work deposit s g^g salary and bond of 989 salaries and bonds of employes 991 PRESIDENT OF THE COUNCIL— shall be member of Board of Health 662 election of 844 to appoint and control janitor 845 acts for Mayor, when Mayor absent or disability 866 acts as Mayor, when Mayor removed 908 issues subpoenas in trials of officer by Council 910 when to call special session of Council to consider removal of appointive officer 910 19 to 26 15 18-36 407 411 641 1935 662 667 1937 1080 1082 1139 1140 1791 1791 1905 1908 1911 1913 1917 1919 1920 1929 1930 1932 1935 1936 1938 1939 1940 1941 1942 2003 2004 1943 1944 1956 / 19G0 \ 1961 1965 1985 1992 1993 1995 f 2003 1 2004 437 1380 / 1386 t 1387 1494 1689 1700 1704 12S2 INDEX TO REVISED CODE OR GENERAL ORDINANCES. r Index to Charter and yotes, pp. 463-542. J Index to Scheme, pp. 279-2S6. I Index to State Laws for St. Louis, pp. 225-256. PRINTING— PAGE. See Public Printing. PRISONERS— See Work-House; Jailer; Jail; Police Courts. PRIVATE SEWERS— See Sewers. PRIVATE WATCHMEN— licensed, how, conditions of employment 912 PRIVIES— See Vaults. Privies and Water Closets. PROBATE COURT AND CLERK— ordinances affecting, void and repealed — See note to heading Chap. 13, Art. 7 835 PROCESSIONS— when not permitted, music with S78 burial or other, when permitted with music S79 not permitted in parks — See Parks. PROCLAMATION— See Mayor; Epidemics; Elections. PROFANITY— See Misdemeanors. PROPERTY (PRIVATE)— assessment of — See Assessment of Property. of prisoners at Work-house, disposition 920 PROPERTY OF CITY— See Public Property. PROSTITUTES— See Misdemeanors ; Bawdy Houses. PUBLIC BATHS AND PLAYGROUNDS— for special ordinances, see references in note to heading of Chap. 22a 931 sites for public bath-houses selected by Board Pub. Imp 931 Public Baths Commission, functions, appointment, term, no com- pensation : 931 control and employment of attendants, powers of commission, rules and regulations 931 public work for, to be let by Board Public Impts 931 new ordinance creating Public Recreation Committee, for man- agement of playgrounds, baths, recreation buildings, etc., powers, appointment, etc. — See ordinance 22SG9, Appendix.. 1153 Public Recreation Commission to furnish towels and soap for, failure to return is misdemeanor, Ord. 23171, note on p. 931 931 PUBLIC BUILDINGS— See names of the respective liuildings. department of — Chap. 1, Art. 1 547 flags on 548 Commissioner of — See Commissioner of Public Buildings. heating of 550 injuring or damaging, misdemeanor 889 lighting of — See Lighting of Streets. Public Buildings, etc. erection, repair and alterations of, controlled by Pres. Board Pub. Impts 973 PUBLIC CARRIERS— See Vehicles; Street Cars; Steam Railroads; Boats. 1714 1540 1547 1752 1802 1803 1804 1S04 14 1602 1935 IXrtRX TO KRVISED CODE OR GENERAL ORDINANCES 128S {Index to Charter and Xolcs. pp. 4G3-542. Index to t>cheme, pp. 279-28G. Index to state Laws for St. Louis, pp. 225-25G. PUBLIC HALLS— See Buildings. PUBLIC IMPROVEMENTS— See Public Work; Board Highways, etc. Puhlif Improvements; Streets and PAGE. PUBLIC LIBRARY— disinfection of books of 737 80G talvinp books, papers, etc., from, misdemeanor 885 1582 failure to return books, etc., misdemeanor 8SG 1583 marUins. nuitilatins, books, etc.. misdemeanor 8SG 1584 tines to bo to library fund 8SG 1585 PUBLIC PARKS— See Parks. PUBLIC PORTERS— to i)rooure license, requisites, bond, etc 932 1805 badge to be worn by 932 ISOG rates of fares by 932 1807 penalty for violating duties 933 1808 shall not permit others to use vehicles, or badges, misdemeanor. . 933 1809 PUBLIC PRINTING— of proceedings of Municipal Assembly, register to contract for. . 846 1391 same to be furnished to whom 1002 2043 procedure for letting of contract for public printing 999 2036 same — advertisement, Register's duties, what advertisement to contain, bids, opening of bids, lowest bidder, council to ap- prove, forfeiture, deposit, etc.... 999 2036 bids for. what to contain, rejection of bids, failure of bidders, temporary contract, etc 999 2036 regulations for printing ordinances. Mayor's Messages, bids for to accompany bid for city printing 1001 2037 ordinances to be published within five days after enacted, also pamphlet forms of, etc.; abstract of proceedings of Assem- blv. etc 1001 2037 bids for job printing lOdl 2038 job printing, liow contracted for 1001 2038 proofs, to whom s\ibmitted 1001 2039 proposals in German to include translation 1001 2040 bond for 1001 2041 blank pages not to count 1001 2042 „ ^ , „ < 1002 2044 Register to supervise all •. jqqj 2062 all city, and stationery to be stamped with label of labor union 1002 2045 penalty for disregarding label provision 1002 204G above provisions as to label void — See note to Sec. 2045 1002 PUBLIC PROPERTY— (80S l""! 889 160'> injuring or interfering with, connected with lighting city, is misdemeanor Sll 123G Injuring anything In parks prohibited 99G 2018 all officers, clerks, etc.. to make a return list of all -property in their charge, when 911 1707 return lists, what to contain 911 1707 return lists, how disposed of 911 1708 unfit for service, turneil over to Comptroller 912 1710 vehicles of city — See Vehiilrs. Recorder of Deeds responsible for. In his charge 1004 20,59 t,i li.> Inok.'.l :ift.i- I .iiiiriillf.l Mini Tirntectpil bv CoiHiitroller . . . . 1089 2427 1284 INDEX TO REVISED CODE OR GENERAL ORDINANCES. {Index to Charter and Notes, pp. 463-542. Index to .Scheme, pp. 279-2SG. Index to State Laws for St. Louis, pp. 225-256. PUBLIC PROPERTY— Continued. page. when Mayor and Comptroller may quit-claim property under] ^„n.. lien or bought in under special taxes 1 .„„„ PUBLIC RECREATION COMMISSION— See Public Baths and Playgrounds. creation of, powers, duties, authority, appointment, etc. — See Ord. 22869, in Appendix 1153 PUBLIC SCALES— See Weighing Scales: ^yeights and Measures: Inspector of Weights and Measures. PUBLIC SCHOOL BUILDINGS— See School Birildings: Buildings. PUBLIC SEWERS— See Sewers. PUBLIC WORK— See Streets and Hiohways: Board Public Improvements. f 923 when work-house prisoners may be employed on < g^" I 968 ordinances for. to be prepared by Board Public Improvements.. ^^ gg^ ordinances for, to contain specific appropriation 971 ordinances tor, to contain estimate of cost endorsement 971 conditions inserted in contract for 971 complaint against defective character of— duty of Board Pub. Imp. 971 same — cost of investigation 972 same — what complaint shall contain 972 same — estimate cost, deposit, dismissal 972 same — consideration of complaint, taking tesimony. Board ap- points Commissioners to investigate, etc 972 ( 972 same — service of notice, hearing, contents of notice •, gr-g same — process for witnesses, deposit 972 same — hearing, testimony, appearances 973 same — decision and vote by Board Pub. Imp 973 same— Mayor given copy of finding 973 water-works, when to be let like other 981 each letting for, to be numbered by Board Pub. Imp 985 advertisement of notice for letting 985 what such notice to contain 986 bids, how made, regulations 986 deposit to accompany bid for, and what 986 same — amount of deposit 9S6 same — how deposit conditioned: extension of time 986 when deposit forfeited, new bids 986 disposition of deposits for, of successful and unsuccessful bidders 986 opening of bids for, by President B. P. 1 987 rejection of bids for, for non-compliance with requirements 987 award to lowest responsible bidder — who such 987 Board Public Improvements may reject all bids for 987 contracts for secured by bond — sureties, who good ^ 987 decisions on who can sue on bond for — See note to Sec. 1989 987 signing and approval of contracts for 9S8 contracts for special tax work, deposit required, to secure what, ^ 9^8 etc., when returned, etc 1 ^o f 989 contracts for grading and repairs let annually \ 97O annual emergency contract by B. P. I. for sewer work , 989 in connection with sewers— See Seweis. PUBLICATION — of notice to non-resident owners of unsafe buildings 610 SEC. 2432 2433 2427 1770 1771 1913 1918 1920 1920 1921 1922 1923 1924 1925 1926 1927 1928 1929 1930 1931 1932 1957 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1987 1988 1990 1991 to 1993 1994 1919 1994a 217 INDEX TO REVISED CODE OR GENERAL OKDINANClOg. 12S5 {Index to Charter and Xotes, pp. 4C3-542. Index to .Sche/He. pp. 279-28C. Index to State Laws for St. Louis, pp. 225-256. PUBLICATION— Continued. paok. of names of persons selling tainted food 687 of application for lease of unimproved portion of wharf 652 ...... I 709 of notice to abate nuisance -^ .,j^ of notice by Health Commissioner of imijure milk, etc 684 notice by, to remove obstructions from highway 7C9 of proclamation for special session of Miin. Assem ■! ggg of proclamation for special election to .Miiuicipal Assembly .... | ggg of ordinances in book form 848 of letting of market-stands 854 of printed rules and regulations as to markets 861 in newspapers of advertisements concerning venereal diseases, abortions, non-conception, etc 873 of order prohibiting dogs to be without muzzles 899 of record of MuUanphy Emigrant Relief Fund 904 of selection of stands for vehicles 944 of notice of meeting of B. F'. I. to consider street or alley im- provements 970 of ordinances within five days of approval 1001 of public documents and proceedings of assembly 1001 of completion of Asesssor's books 1011 by license collector at Comptroller's direction of manufacturers requirements for license taxes 1032 same of merchants requirements 1035 of notice of hearing to compel connection with private sewers. . . 1061 of notices of advertisements in supply department — See Com- missioner of Supplies. of advertisement of sale of surplus or condemned supplies for city 1079 SKC. 544 383 644 654 529 935 1379 1496 1390 1496 1399 1427 1472 1525 1644 1667 1846 1918 2037 2037 2096 218G 2197 2311 2385 PUERPERAL FEVER— See Contafiious or Infectious Diseases. PYROTECHNICS— prohibited without permit. o QKARANTINE— under charge of Health Commissioner. Superintendent of. appointment, term. salary of Superintendent of. Health Commissioner to prescribe rules for decisions concerning — See note to sec. SIS regulations for. to a|)ply to whom and what Commissioner's rules to be approved by Board of Health.... against sections having contagious, etc., diseases in case of epidemics — rules and regulations notice of. how and to whom given, penalty for disregarding. who may be sent to, station promulgation of rules for disregarding or resisting rules for, penalty location of temporary help and salaries. QUARRIES— See Stonequarries. 612 229 665 450 723 717 868 1509 723 719 724 725 724 726 724 727 739 818 739 740 819 740 820 740 820 740 820 740 821 741 823 741 824 741 823 741 826 751 / 874 t 875 12SG INDEX TO REVISED CODE OR GENERAL ORDINANCES. (Index to Charter and Notes, pp. 4G3-5-12. Index to Hchevie, pp. 279-2S6. ludex to State Laws for St. Louis, pp. 225-256. R RAGS— PAGE when nuisance — See Kttisance. permit for picking, required S89 dealer in. having no phice ot business, liow scales, etc., to be tested — failure misdemeanor 1117 1604 254G RAILROAD DEPOTS— sale of perishable fruits and vegetables at — See Fruits; Vegeta- bles; Misdemeanors. stand for hacks and other vehicles at 88S soliciting passengers at, etc 888 posting ordinances as to soliciting, etc 889 assistance at, to emigrants by Mullanphy Emigrant Relief Fund 904 regulations for cabs, hacks, etc., at 942 space for runners at, to be allotted by Police Commissioners.... 1046 RAILROAD RUNNERS OR AGENTS— See liutuiers. RAILROAD TICKET BROKERS— license required by 1043 defined 1043 includes steamboat ticket dealers 1043 amount of license, period, terms, etc., ord. 22000 in appendix.... 1160 same, before amendment 1043 regulations what business permissible, and manner of procedure 1044 bond required, revocation of license by Mayor 1044 procedure to revoke license 1044 violation of provisions misdemeanor, penalty 1044 RAILROADS— See Street Railways; Steam Railroads. RAILS— of street railways — See Street Railways. RANGES— See Buildings. RATES— ~~S_/' See Fees and Rates. REAL ESTATE AGENT— shall not rent or lease unsafe building, after notice 610 r 699 when responsible for nuisance on premises J 710 1 711 duty of, to keep sidewalks, etc., clear of filth, snow and ice 810 notice to, to correct location of water stop-box 812 notice to, that houses used for immoral purposes 871 when license as auctioneer required 1020 defined, also house-agent 1030 or broker, defined 1031 license, amount, failure to obtain, penalty 1031 same — amendment, ord. 22597, see appendix 1159 decision sustaining ordinance, see note to sec. 2178 1031 cannot be compelled to take down unsafe buildings — See note to heading of Chap. 31, Art. 8 1030 when may be compelled to take out city water license, misde- meanor 1098 RECORDER OF DEEDS— qualifications, election, term 1002 certificate of election from Register ,. 1003 bond of 1003 1600 1599 1601 166S 1669 1837 2245 2231 2232 2232 2233 2234 2234 2234 2235 218 596 648 652 1234 1244 1518 2131 2176 2177 2178 2464 2047 204S 2049 INDEX TO RETISED CODE OR GENERAL ORDINANCES. 1287 {Index to Charter and Notes, pp. 4G3-542. Inde.x toSc/ieme, pp. 279-286. Index to State Laws for St. Louis, pp. 225-256. RECORDER OF DEEDS— Continued. page. sec. office vacated on failure to give bond 1003 2050 duties of, regulations of office 1003 2051 improper use of records in office of. by others, or use of ink, loud talking, etc 1003 2051 salary of 1003 2052 collecting and paying over fees 1003 2053 employes in office of. appointment by ' 1003 2054 same — amendment, appendix, ord. 22883 1156 same — salaries of employes, number clerks 1004 2055 same — amendment, appendix, ord. 22SS3 1156 discharge of employes of, by 1004 2056 abstracter and indexer, duties, salary 1004 2057 violation of provisions for office of, misdemeanor 1004 2058 general statutes control 1004 2059 responsible for all property in his charge 1004 2059 stationery and furniture for office of 1004 2060 to devote his whole time to duties 1005 2061 to deliver deeds, etc.. to President Board of Assessors, to record changes on plats 1011 2097 RED LIGHT— See Danger Sinnal. designating fire escape stairway 596 189 fire alarm in theatre designated by GOO 195 f 924 for excavations and obstructions in highways at night 763 < g,g at each end of pile of material in street or of excavation while building being erected, etc 7G7 928 for man-holes and service boxes of electric companies 790 1135 or danger signals, breaking, removing, etc. — See Danger-SignaJs. when required on street cars 95C 1870 REGISTER— office of, created 1005 2062 to furnish coroner certificate of election 614 240 to furnish blanks to weighers 633 328 to furnish blank ferry licenses 661 435 to furnish metallic license plates for garbage vehicles 718 691 duties and powers respecting printing — See Public Printing. duty of respecting ordinances — See Ordinances. to procure dog-plates, provisions 898 1639 to furnish license-plates 937 1815 to notify roads of report of commissioners that one road use an- other's tracks, etc 964 1897 bonds for public work filed with 9SS 1990 < 999 '036 duties as to contract for public printing i .^^' ^^^. duties as to contract for job printing 1001 2038 ( lOO"" 2044 to supervise all city printing | j^p- ^^g, to furnish certificate of election to Recorder of Deeds 1003 2048 references to provisions governing, see note to heading of Chap. 28 1005 duties of, in general 1005 2062 custody all public records, documents, all bonds, etc 1005 2062 custody of contracts with 1082 2395 attest acts Mayor, copies of documents, etc.. fees for copies, etc.. 1005 2062 administers oaths and affirmations 1005 2062 appoints such clerks as necessary 1005 2062 performs all duties required of Clerk of County Court 1005 2062 same — note to sec. 2062 1005 to issue all blank licenses and forms 1006 2063 other duties as may be required 1006 2063 deputy, appointment. i)owers. duties 1006 2064 responsible for acts of deputy 1006 2004 1288 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Charter and Notes, pp. 4S3-542. Index to Scheme, pp. 279-2S6. Index LO State Laivs for St. Louis, pp. 225-256. REGISTER— Continued. page. salary of, and of deputy 1006 salaries of clerks 1006 bond of 1006 custody of bond of, with Comptroller 1006 seal of city in custody of 1006 to give certificate of election to Collector 1055 powers and duties of, as to taxes on merchandise and merchants' licenses transferred to Collector 1056 issuance of blanks in connection with boiler inspections 1070 blanks from, for water rates department , 1097 RELIGIOUS WORSHIP— See also Misdemeanors. disturbance of S7S REMOVAL OF BUILDINGS— See BiiihlirKjs. REMONSTRANCE— against street improvement 969 REMOVAL OF OBSTRUCTIONS— See Obstructions. REMOVAL OF OFFICERS— See Officers: also the respective officers in question; Mayor. RENDERING ESTABLISHMENT— See Factory. f 700 when nuisance ~, ^q-. not to be opened without ordinance ■ „Qg dead animals not for food 715 how constructed 716 hauling garbage to, conditions 717 how to discharge into sewers, and penalty for failure 1065 RENT— for wharf— See Wharf. for use of wharf-boats — See Wharf-boats. for market space, etc. — See Markets. from leases — See Leases. REPAIRS— See Buildings. definition of term 5G2 of sidewalks — See Sidewalks. of streets and highways, etc. — See Streets and Highways. of alleys — See Alleys. of city fire department apparatus 630 of wharf paving 648 of conduits, ducts, wires, etc., for electric contrivance 7S2 of space between street car tracks — See Street Railways. annual repair contract <. ggg annual emergency, contract for sewer work 989 of public buildings controlled by Pres. Board Pub. Improvements 973 on boilers, duties of owners 1072 on elevators, regulations, duty of owners, etc 1074 (•1107 of water-works pipes J ii07 UIOS REPEAL OF ORDINANCES— See Ordinances. SEC. 2065 2066 2067 2068 2069 2288 2294 2336 2458 f 1541 \ 1540 1918 604 609 625 626 682 682 6S9 :2319 2320 61 312 370 1102 1919 1994 1994a 1935 2354 2361 2504 2505 2510 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1289 (•Index to Charter and Notes, pp. 463-542. J Index to Scfteme. pp. 279-286. [index to State Laws for St. Louis, pp. 225-256. REPORTS— PAGE. SEC. See names of respective officers required to make. REQUISITIONS— See for provisions respecting particular departments, the names of such departments or officers tliereof. officers to malie, but once each month 912 1709 r 107S 2377 made to Supply Commissioner, etc \ 1078 237S ( 1078 2380 in cases of justices of the peace, etc 832 1326 RESIDENCE— officers giving up; in city, vacate their office 908 1687 of jailer, superintendent of workhouse, fire department men, etc. — See names of Institutions or officers. as a requisite for admission to insane asylum, etc. — See Insane Persons; Insane Asylum. RESTAURANTS— to provide garbage receptacles 717 687 defined as ordinaries , 1038 2206 classes of ordinaries or restaurants 1038 2207 amount of license of each respective class, duration of license.. 1038 2207 same — amended — See appendix, ordinance 22.590 1159 penalty for conducting under improper license 1038 2208 same — amended — See appendix, ord. 22596 1159 grease trap under sinks in 1 004 2314 RESTRAINT OF ANIMALS— rights of city concerning, see note to sec. 1578. ordinances on — See Cattle: Animals. of dogs — See Dogs. REVENUE— See Taxes: Licenses: Assessm.ent of Property ? Leases : Rent; Col- lector: Treasury Department: Treasurer; Comptroller; Auditor, etc. REVISED CODE— reference to, by section number sufficient 851 1414 same — ord. 22594 in appendix 1150 Is but one ordinance, being No. 22902, approved March 19, 1907. (See note on page 341 of Charter). ordaining clause of 545 approval date of 1130 autheiitification of I REVISION OF ORDINANCES— not new enactments, but continuance of existing 849 1400 RIGHT TO ENTER PREMISES— by Building Commissioner to enter burned buildings 556 39 by members Board of Appeals, or officer of Buildiug Dep't 562 60 by Building Commissioner to raise chimneys and smoke-stacks. . 589 159 by Building Com'r or Chief Fire Department to enter theatres. . 600 195 by adjoining owner to underpin or protect against excavations. 567 73 by Health Com"r or employes to ascertain conditions ■> -^g -„, by City Chemist inspecUng milk, etc 672 489 for purposes of milk inspection, penalty for refusal 679 507 by veterinary surgeons to Inspect dairies, etc 684 526 by Inspectors of fruit, meat, fish, vegetables, etc 686 541 by police and Board of Health appointees, respecting nuisances. 706 632 by contractor abating nuisance for city 713 668 by Supervisor of City Lighting 792 1144 1290 INDEX TO REVISED CODE OR GENERAL ORDINANCES. f Index to Charter and Notes, pp. 463-542. I Index to Scheme, pp. 279-286. ( Index to State Laws for St. Louis, pp. 225-256. RIGHT TO ENTER PREMISES— Continued. page. sec. by Mayor to abate nuisance 8g7 1500 by Smolie-Inspector and deputies S94 1628 by Supervisor of Plumbing and agents 930 1800 by Sewer Commissioner or agent 1064 2315 by Assessor and Collector of Water Rates 1102 2485 RIOTS AND RIOTOUS ASSEMBLIES— power of Mayor to quell .' 867 1503 forbidden, misdemeanor 876 1536 RIPARIAN RIGHTS— on Mississippi River — See note to sec. 345 ; 636 ROCKETS— not to be discharged without permit 612 229 ROOFS— See Buildings. ROUNDABOUT— See Exhibition or Shoic. RUBBISH— 611 223 where not to be burned | „ „ „„ . when nuisance 698 590 in nuisance article defined 698 594 on streets prohibited 699 598 on lots nuisance 701 610 term in nuisance article defined 706 629 on side-walk or street from buildings being erected 766 928 on side-walk from burned buildings 768 929 RUNNERS— for railroads, steamboats, hotels, etc.. require a license 1045 2236 definition of 1045 2237 duties of. demeanor of 1045 2238 respectful manner by, required 1045 2239 bond of. before license 1045 2240 amount and period of licenses of^ 1045 2241 license to hotel runner may be transferred when 1045 2242 licenses for, not assignable or transferable 1046 2243 license to be exhibited on demand, when 1046 2244 police commissioners stands or places for, at stations 1046 2245 violation of article on. misdemeanor 1046 2246 vehicle stands for — See Railroad Depots; Vehicles. ST. ANNE'S WIDOWS' HOME. INFANT ASYLUM, ETC.— may receive foundlings on contract with city 915 1728 foundlings at — See Foundlings. ST. CLAIR FERRY CO.— See Ferries. ST. LOUIS FIRE PREVENTION BUREAU— inspector from 555 37 ST. LOUIS COLORED ORPHANS' HOME— authorized to contract with city for care of foundlings 915 1728 foundlings at — See Foundlings. ST. LOUIS HARDWOOD AND LUMBER MANUFACTURERS EX- CHANGE— See Lumber. INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1291 {Index to Charter atid Notes, pp. 463-542. Index to Scheme, pp. 279-286. Index to State Laws for St. Louis, pp. 225-256. ST. LOns INDUSTRIAL SCHOOL— page. sec. [formerly House of Refuge.] two fire-department men at 625 285 Superintendent of, Mayor appoints 868 1509 Board of Managers for. Mayor appoints 869 1510 Mayor ex-officio member Board 869 1510 House of Refuge now to be called 925 1785 change of name not to affect law regulating same 926 1786 for references to statute and charter provisions, see note to heading of Chap. 21, .-vrt. V 925 ST. LOUIS SCHOOL AND MUSEUM OF FINE ARTS— See Art Building. ST. LOUIS TRAINING SCHOOL FOR NURSES— excepted from qualilitations necessary other appointees 666 460 ])upils in. when admitted to hospitals 722 713 selection from pupils of. as nurses in city institutions 722 715 same — new ordinance, appendix ord. 23001 1142 ST. LOUIS WATER BONDS— See Bonds {of City.) SALARIES OR COMPENSATION- See also Fees. of Building Commissioner 549 11 of janitoi-s and night watchmen of Buildinfc Commissioner 551 16 of engineers and firemen of public buildings 551 17 of deputy Building Commissioner 553 30 of Chief Clerk, Assistant Clerk and Permit Clerk in office of Building Commissioner 554 31 same amended by Ord. 2277S. See Appendix 1132 of Chief Inspector of Building Commissioner 554 32 of other inspectors of Building Commissioner 554 33-34 same, amendment to sec. 34, See Ord. 22749, Appendix 1132 of Architectural Draughtsman 555 35 of contingent employes of Building Commissioner 555 -36 of Board of Appeals 561 58 of Coroner, his dei)uty and constable 615 245 of porter to Coroner 615 246 of stenographer to Coroner 616 251 of Superintendent of .Morgue, assistant and porter 619 268 of Factory Ins|)ector and his employes 624 281 of Chief of Fire Department 625 286 of asslfants and employes in Fire Department 625 287 of men and officers in Fire and Police Telegraph Department. . . . 632 318 of watchmen of scavenger dumps 657 407 of additional help on levee or wharf 657 411 of members of Board of Health 663 440 of Clerk of Board of Health and of Health Commissioner 664 445 of Health Commissioner 665 451 of Assistant Health Commissioner 666 455 of additional help in Health Commissioner's office 666 457 of Clerk sanitary division Board of Health 666 461 ( 667 462 where employes of Health Department work overtime I 667 463 ( 667 464 of City Bacteriologist 667 465 of assistants to Bacteriologist 668 469 of clerk and janitor to Bacteriologist 668 473 of two new laboratory assistants to Bacteriologist. (See sec. 475a or ord. 22810 in Appendix) 1140 of City Chemist 670 477 of sundry subordinates and asslstAnts to City Chemist 670 480 1292 INDEX TO REVISED CODE OR GENERAL ORDINANCES. {Index to Charter and Notes, pp. 463-542. Index to Scheme, pp. 279-286. Index to State Laws jor St. Louis, pp. 225-256. SALARIES OR COMPENSATION— Continued. p.^ge. of assistant milk inspection employes to City Cliemist 672 o£ veterinary surgeons as inspectors of live stock, etc < po. of inspectors of meat, fish, vegetables, fruit, etc 686 of city nurses 722 of Superintendents of Insane Asylum, City Hospital, Female Hospital 723 f 723 724 of Superintendent of Quarantine i r-t,, \ 724 - of Assistant Superintendent at Insane Asylum 725 of Assistant Superintendent at Female Hospital 726 of Supervisor of Nurses and Matron at Female Hospital 727 of apothecaries at dispensary 730 of Superintendent of Poor-House 732 of dairy employes at Poor-House 733 of officers and employes of Health Department (not otherwise] L'l, above specified) 1 ^^1 of commissioners in street opening, etc., cases 754 of employes in street-siirinkling division 771 of temporary employes in street sprinkling matters 775 of Supervisor of City Lighting and employes in his office 791 of City Forester 813 of employes in department of City Forester 813 of temporary Police Justice 815 of Assistant Police Court Clerks \ o^n of First and Second District Police Justices 831 of Police Justice of Court South of Arsenal Street 831 of Clerk of Police Court South of Arsenal 831 of Attorney of Police Court South of Arsenal 831 of Marshal and his deputies 834 of Jury Commissioner and deputies 834 of City Attorney and of Assistant City Attorney 836 •of Associate City Attorney 837 of City Counselor 840 of Associate City Counselor 840 of Second Associate City Counselor 840 of Assistant City Counselor, See Appendix, ord 23038, amending R. C, sec. 1365 1149 of clerks, stenographers in City Counselor's office — See ord. 2303S, in Appendix 1149 of additional stenographers by the day, in City Counselor's of- fice 843 of members of Municipal Assembly 843 of Mayor 865 of Mayor's Secretary, Assistant Secretary, Janitor, Stenographer 865 of Acting Mayor 866 of persons employed by Marshal to take up estrays 885 of Smoke Inspector and Deputies 894 none for Board MuJlanphy Emigrant Relief Fund 902 of officers of Board of Mullanphy Emigrant Relief fund 903 none, while officers out of city without leave 90S none to officers for period of suspension 911 none to Commissioners of Penal and Charitable Institutions... 915 for care of foundlings — See Foundlings. of jailer 917 of deputy jailer, guards, cooks, etc 917 of physician when employed at Work-House 922 of Superintendent at Work-House 924 SEC. 487 524 526 538 715 719 719 725 726 727 732 741 746 769 781 788 872 873 875 882 1076 1082 1140 1252 1253 1262 1269 1270 1317 1318 1319 1320 1333 1334 1341 1345 1362 1363 1364 1375 1378 1487 1489 1494 1580 1625 165S 1664 1688 1705 1727 1736 1737 1765 1779 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1293 r Index to Charter and Notes, pp. 463-542. i Index to Scheme, pp. 279-2SG. ( Index to State Laws for St. Louis, pp. 225-256. SALARIES OR COMPENSATION— Conliiuied. of other employes at Work-House | of Board of Examiners of Plumbers — See Appendix, ord. 23007.1150- of Supervisor of PlumbiuK and of his subordinates none, for Public Baths Commission of attendants at Public Baths same — baths and play-grounds, ord. 22869, Appendix of inspectors of vehicles of Secretary of Board of Public Improvements of Assistant, deputy and Assessor of Special Taxes of additional emi)loyes of Pros. Pub. Improvements. of Water Department men at Water-Works, Electric Plant and Railway of deputies and employes Harbor and Wharf Department of watchmen on dump-boats of President Board Public Improvements of Street-Commissioner of Sewer-Commissioner of Water-Commissioner of Harbor and Wharf Commissioner of Park Commissioner of Assistant to Sewer and Water Dept., Chief Mechan., Engi- neer and Supt. of Park Dep't of employes in Water Commissioner's office of distribution system employes in Water Dep't of employes of Water Meter and tap dep't of employes of water inspection dep't of employes of water supply and purifying system of employes of high and low service engines dep't of employes in sewer department not elsewhere fixed of employes Harbor and Wharf Department of employes of Harbor boat of employes of Park Commissioner of keepers of Parks and Public Places of Recorder of Deeds of employes In office of Recorder of Deeds same — amendment, -Appendix ord. 22883 of abstracter and indexer in Recorder's office of Register and of Deputy Register of clerks in Register's office of President Board of .Assessors of chief deputy Board of .Assessors of district assessors of deputies, clerks and draughtsmen of Assessor of members of Board of Equalization of carpenter and builder on Equalization Board of members of Board of License Revision of former license commissioner of employes of former license commissioner of employes of license collector of Inspectors of street-railway reports of deputies of Collector compensation for use of private sewer of Inspector of Boilers and Elevators of deputy of same of clerk of same of Board of Engineers PAGE. SEC. 924 1780 925 1782 1153 927 1792 931 1803 931 1804 1153 935 1810 967 19U 974 1941 974 1942 975 1943 978 1948 979 1950 991 2003 991 2004 982 1961 983 1965 984 1968 989 1995 989 1996 990 1997 990 1998 990 1999 990 2000 990 2001 991 2005 991 2006 992 2007 992 2008 992 2009 993 2010 993 2011 994 2012 994 2014 994 2015 995 2016 1003 2052 1004 2055 1156 1004 2057 1006 2065 1006 2066 1008 2076 1008 2077 1008 2078 1008 2079 1012 2100 1012 2100 1016 2113 1017 2116 1018 2118 1018 2120 1049 2260 1056 2295 1061 2311 1070 2338 1071 2341 1071 2342 1071 2343 1294 INDEX TO REVISED CODE OR GENERAL ORDINANCES. f Index to Charter and Xotes. pp. 463-542. J Index to Scheme, pp. 279-280). ( Index to State Laics for St. Louis, pp. 225-256. SALARIES OR COMPENSATION— Continued. page. sec. of Commissioner of Supplies ■ 1075 2368 of deputy of Commissioner of Supplies 1075 2370 of stenograpiier of Supply Commissioner 1075 2371 of clerks, book-keepers, etc.. Supply Commissioner 1076 2372 of committee appointed to examine accounts and books of fiscal officers 1085 2405 of Auditor ■ 1085 2406 of first and second Deputy Auditor 1086 2407 of clerks of Auditor 1086 2408 of Comptroller, Assistants, Supervisor and Statistician 1091 2430 of clerks of Comptroller 1091 2431 of Treasurer and officers or employes in- his office 1095 2446 of Assessor and Collector of Water Rates 1095 2449 of deputy Assessor and Collector of Water Rates 1096 2451 ( 1096 "^454 of other employes of same i j^g-. .^^-~ of additional employes of same by late ord. 23000 1163 of employes of Inspector of Weights and Measures 1116 2543 of Inspector of Weights and Measures 1117 2544 of Weighers of Scales 1119 2555 of Assistant "Weighers of Scales 1120 2559 none to Public Recreation Commissioners, ord. 22869, Appendix. . 1153 of emijloyes of Public Recreation Commission — See ord. 22869, Appendix 1153 SALES— at auction — See Auction. SALES-STABLE— see also Livery Stable. , ■*, ^ .J- f f "04 625 not to be opened without ordmance, etc •< -y- g.,g definition of 1046 2248 license for 1047 2251 same amended, ord. 22598, See Appendix 1161 certificate from Police Commissioners for license 1047 2254 penalty doing business without license 1047 2255 when provisions for. do not apply to livery stables 1047 2256 SALOONS— See Dratn-Shops. SALT— standard bushel 1118 2549 SAND— letting landing places on wharf for 650 378 SANITARIUM— must be first class building 563 63 regulations for, ord. 22998, in Appendix 1142 SAUSAGE— may be sold under meat-shop license 862 1473 makers of, not included under meat-shop article 863 14S0 SCALES— See Weif/liinci Scales; Wei;;hts and Measures. SCALPERS— See Railroad Ticket Brokers. SCARLATINA— See Contagious or Infectious Diseases. INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1295 r Index to Charter and Notes, pp. 463-542. } Index to Scheme, pp. 279-28G. (. Index to State Laivs for 3t. Louis, pp. 225-356. SCAVENGER DUMPS— ' page. sec. location of 656 405 Superintendent of 657 406 watchmen for 60 T 407 what ma.v be dumped at. free (■..t7 408 regulations by Harbor and Wharf Com'r for / 5^1 j?^ ( DOT 410 temporary use prohibited 657 410 removal of offal 657 411 additional help 657 411 duty of Harbor arid Wharf Commissioner as to 982 1964 dump boats, see Harbor and Wharf Com'r. SCAVK.NOKRS— See Garbage. SCHOOL BUILDINGS— See Buildings. must be first class 563 63 stairways in 582 1 '.Hi lire-escapes in 583 138 heating apparatus in 587 151 strength of floors required ■ 592 173 provision as to sinks, water closets, etc 1062 2313 water rates in public 1106 2497 SEAL OF THE CITY— with Register; to be affixed by Register 1005 2062 custodv with Register; form of, wBen Impression of. not valid 1006 2069 SECOND ASSISTANT CITY COUNSEL OR— See ord. 23150. SECOND ASSOCIATE CITY COUNSELOR— See City Counselor. SECOND-HAND DEALERS— defined 1057 2298 registry book to be kept, minute description of dealings 1057 2299 registry book open to inspection by whom 1058 2300 to report to police offers of sale to, by suspicious characters. . . . 1058 2301 failure to report misdemeanor 1058 2301 SECOND-HAND STORES— See Junk-Dealers, etc.; Second Hand Dealers. SECRET SERVICE— powers of Mayor 868 1504 fund for 868 1505 SEEDS— standard bushel 1118 2549 SERVICE BOXES- I 789 11.33 of electric companies i to to SERVICE PIPES— See Water-Connections. SEWER COMMISSIONER— apiiointed by Mayor . . . f "^ to I 79 90 1136 permit for sewer and water connections, from when Assistant may represent at Board Public Iniiits head of Sewer Department tiualifications and duties In general superintends all sewtr matters, connections, etc.. and public. Joint district, etc ... to grant permits for above, <'•'<• f ■ I S 868 1.509 930 1798 980 1955 058 2303 967 1909 980 19.55 980 1955 980 19.-,5 9S0 1 955 058 2303 930 1798 1296 INDEX TO REVISED CODE OR GENERAL ORDINANCES. {Index to Charter and Notes, pp. 463-542. Index to Scheme, pp. 279-2S6. Index to State Laws for St. Louis, pp. 225-256. SEWER COMMISSIONER— Continued. page. sec. appoints Assistant, and otlier employes 9S1 1956 salary and bond of ' 990 1997 salary and bond of Assistant to 990 2001 salaries and bonds of employes in department of, not otherwise fixed 993 2011 powers and duties in granting sewer permits, (see also Sewers) . . 1058 2303 shall furnish all information he has • 1058 2303 persons constructing sewers to comply with directions of.... 1060 2306 to reconstruct work on sewers improperly done, cost recovered, ( 2306 report to B. P. 1 1060 \ 2307 control of city through, over private sewers 1061 2308 may permit privies to be more than eight feet deep 1062 2313 right of entry into premises having drains 1064 2315 same — may order owner conform to ordinances 1064 2315 SEWER CONNECTIONS— See Sewers. SEWER DEPARTMENT— See Sewer Commissioner: Sewers. SEWERS— draining water from roofs into 578 connection with, required in mercantile and manufacturing build- ing 585 connection with, required in all buildings, when accessible 1063 connections, regulations in general 1063 connection with, from dairies and cow-stables 681 connections with vaults, water-closets, etc. See Vaults. Privies and Water-Closets. ( 701 ..-.*•• 1064 throwing matter into, or creating nuisance ^^ [ 1065 tenement, boarding houses, etc.. to have- pi'oper 702 connections and d r^Sns when nuisance — See Nuisance. fixing route for sewer, plat to be provided 752 condemnation of property for 752 condemnations for, provisions in common with highways — See Streets and Highways. connections to be made in advance of street construction 757 connections when allowable to plumbers, etc 927 builders of, see DrainJaying and Drainlayers. connections not allowed plumbers until deposit 929 connections cannot be made without permit (See below.) liability for breaking of ' 961 B. P. I. to draft ordinances for all improvements for 968 f 980 connections, construction, etc., of all, under charge of Sewer Com- J ^^^g missioner. ( See also below. ) | jq^q annual emergency contract for sewer work 989 all sewers to observe requirements of Chap. 34 1058 . . ^ ■ ■ f 1058 permits for, required, from Commissioner | ggQ what permit to contain, how obtained, plans to be approved, de- posit required 1058 lot owner takes risk of backwater from, trap required 1058 when plans to be approved for, by Board Pub. Impts 1058 116 145 2314 2314 516 611 2318 to 2322 613 878 898 1793 1795 1797 1884 1913 1955 2303 2306 1994a 2302 2303 1955 2303 2303 2303 INDEX TO REVISED CObE OR GENERAL ORDINANCES. 1297 {Index to Charter q/irf Notes, pp. 4G3-542. InUe.\ to Scheme, pp. 279-28G. Index to State Laics for St. Louis, pp. 225-256. SEWERS— Continued. pack. si:c. cost of inspection of, and inspection 10.59 2303 no permit tor connections wliile special tax bills unpaid 1059 2304 same — exceptions, evidence 1059 2304 same — section sustained — See note to sec. 2304 1059 no permit to connect with District or .loint District, during con- struction, except under what conditions 1059 2305 same — deposit oC special fund, when returned 1059 2305 work on. defectively done, city may reconstruct or repair and recover cost: drainlayer's permit cancelled lOGO 230G work on to be done as commissioner directs lOGU 230G work without permit, is considered defective work lOGO 2307 work without permit, reconstructed, cost recovered by city, un- paid assessment shall be part of damage lOGO 2307 control of city over private sewers lOGl 2308 when lot owners having private connections with, deemed petitioners for sewer district, etc 1061 2309 how connection with private sewer with b\iilder's consent to be obtained lOGl 2310 definition of "builder of sewer" in Chapter 1061 2310 how connection with private sewer without builder's consent obtained from B. P. 1 1061 2311 same — fixing of compensation for use of private sewer 1061 2311 materials and mode of construction; approved by comm'r; con- nections with other sewers, regulations, etc 1061 2312 drains, how constructed, vaults, traps, water closets, sinks, buildings where large numbers congregate 1062 2313 regulations as to connections, pipes, drains, closets, traps, sub- soil pipes, etc 1063 2314 and drains, right of commissioner to enter premises and compel conformance to ordinance 1064 2315 connecting steam or exhaust pipes, or boilers with, etc 10G4 2316 plumbing provisions can only be varied by H. P. 1 1064 2317 not to be dammed without permit from commissioner 1064 2318 certain establishments discharging matter that obstructs sewers to have catch basins 1065 2319 penalty for violating 1065 (2320 \2322 obstruction of, removed at cost of owner 1065 2321 SEXTONS— ot cemeteries — See Burials; Cemeteries. , SHADE TREES— See Trees. SHEATHING— See BuiUlinffs. SHERIFF— right to inspect pawnbrokers" register 1040 2213 right to Inspect second-hand dealers' register 1058 2300 SHOOTING IN CITY— See Firearms. SHOOTING GALLERIES— ( 1051 2270 license provisions concerning J to to 1.1054 2285 defined 1051 2271 amount ot license 1052 2274 SHOW— See Theatrical Performance; Exhibition. SHOW WINDOWS— See Buildings. may extend how far Into street . 579 120 129S INDEX TO REVISED CODE OR GENERAL ORDINANCES. ("Index to Charter and Notes, pp. 463-542. \ Index to Scheme, pp. 279-2S6. i Index to State Laws for Si. Louis, pp. 225-256. SHUTTERS— See Buildings. page. sec fire-doors and ' 584 141 how to be arranged 5S4 142 SIDEWALKS— [In so far as matter applies to otlier liighways as well as side- walks, see Streets and Highways, under which the general subject is indexed. Matter peculiar to sidewalks is indexed here.] repair of, on the wharf 64S width of, required and how fixed 757 cross grade of, penalty for violation 757 cross-grade ordinance, decision on. See note to sec. 900 757 permission by B. P. I. to owner to construct sidewalk 757 decision on right of owner to 'construct — Note to sec. 901 757 what material to be constructed of in certain localities 758 regulations for repairing of, notice for temporary repairs 758 cost of repairing, shall be lien 759 f 759 cost computed and assessed as special tax < r-n permission to lay, rebuild or repair 759 penalty for constructing contrary to ordinance 759 to be repaired by owner on notice from Street Commissioner. . 759 cost of repair of, special tax for 759 planting shade trees, where — See Trees. vaults under — See Vaults. excavations in — See Excavations. temporary occupation of by building material, etc. — See Streets and Highways ; Obstructions. temporary while buildings being erected 765 temporary obstruction of, see Obstructions. rubbish on, from burned buildings 768 barbed wire fences near improved — See Fences. regulations for openings, grating, cellar door, etc 806 projecting signs over, encumbering with merchandise, obstruct- ing, etc S06 throwing fruit, etc., on. forbidden 807 to be kept clear of filth, snow and ice, by whom 810 no advertisements painted on . . . 7.^ . ./.' <. „„„ fires on— See Fire. use of, for market stands, see Markets. SIGNALS— See Danger Signal. SIGNS— cost of permit for 560 regulations concerning 579 bill-board, see Bill-Boards. displayed where petroleum, naptha, benzine, gasoline, baled hay, turpentine, etc., is kept 613 projecting over sidewalks, prohibited, exceptions 806 posts for, permission from Board Public Impts 973 SKELETON BUILDINGS— See Buildings. SKIDS— See Wharf. SKY-LIGHTS— See Buildings; Theatres. SLATE— See Buildings. SLAUGHTER HOUSES— to be whitewashed, how often, penalty 700 600 when nuisance, see note to Chap 11, Art. 12 700 601 how to be constructed and drained TOO 602 370 899 900 901 903 904 905 906 909 907 908 909 909 92S 929 1213 1214 1216 1218 1234 1235 1590 54 121 233 1216 1933 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1299 f Index to Charter and Xotes. pp. 463-542. I Index to Schevie. pp. 279-2SG. I Index to State Laws for St. Ijouis, pp. 225-256. SLAUGHTER HOUSES— Continued. p.\gk. liquid matter from, not to be discliarged into pond Tin not to be opened or operated without ordinance I L,.^ not to drain into sewer without intervening catch basin 1005 when sewer obstruction removed at cost of 1065 penalty obstructing sewer 1065 SLAUGHTERING— See also Dead Animals. diseased animals prohibited S59 animals in market prohibited 859 SLOPS— See Garbage: Offal. .SKC. 60S G25 626 2319 2321 I 2.320 ■( 232-1 I 1452 \ 1453 1454 SLUNG-SHOT— carrying is misdemeanor. SMALL-POX— See Contagious or Infectious Diseases. hospital, salaries of employes at 879 750 SMOKE— decisions as to when nuisance — See note to heading of Chap. 11, Art. 12. p. 093; also note to heading of Chaj). l.s. An. V, p. S92. reference to state law on. note to Chap. IS, Art. V 892 emission of dense, a public nuisance, misdemeanor 893 who responsible for 893 what defense against smoke-emission permissible 893 abatement department 894 Smoke-Inspector and deputies, appointment by Mayor 894 tenure of office of Inspector and Deputies 894 Mayor to furnish certificates to inspectors 894 record of appointments and removals of inspectors 894 salaries of Inspector and deputies 894 hours of Inspector, removal 894 Chief Inspector controls department, subject to Mayor's super- vision 894 reports of Chief Inspector 894 powers and duties of chief and deputy-Inspectors, inspections of premises, reports 894 police to assist in abatement of 895 chief of police to report 895 inspectors, interference with misdemeanor 895 regulations against, by railroads on Poplar street 948 SMOKE-ABATEMENT DEPARTMENT— See Smoke. 1548 872 1619 1619 1619 1621 1622 1623 1624 1624 1625 1626 1627 1627 1628 1629 1630 1631 1859 S.MOKE INSPECTOR— See Smoke. SMOKESTACKS— See Pipes: Buildings; Smoke. height required 589 158 right of Building Commissioner to raise 589 159 when nuisance — See note to heading of Chap. 11, Art. 12 694 SNODGRASS LABORATORY OF PATHOIX)GY AND BACTERI- OLOGY— created, equipment, etc. — See ordinance 22561 In appendix to Rev. Code 1141 1300 INDEX TO REVISED CODE OR GENERAL ORDINANCES. {Index to Charter and Notes, pp. 463-542. Index to Scfteme, pp. 279-286. Index to State Laws for St. Louis, pp. 225-256. SNOW PAGE. SEC. sidewalks to be kept free of. by whom 810 1234 decisions on same, see note to sec. 1234 810 street car companies to keep their crossings and approaches for passengers free of 962 1890 SOAP-FACTORY—. See Factory. ' SOCIAL EVIL HOSPITAL AND HOUSE OF INDUSTRY— name changed to Female Hospital 725 734 provisions concerning, see Female Hospital. SOULARD AND SOUTH MARKETS— See Markets. SPEAKER OF THE HOUSE— . See House of Delegates. SPECIAL LEGAL COUNSEL— when and how employed — See City Counselor. SPECIAL TAX, AND SPECIAL TAXATION— See Lien. lien on property causing expense violating building ordinances. . 611 219 , ,. . , f 711 655 expense abating nuisances on property < .,, n-c same — how apportioned against lots having nuisance 712 658 same — apportionment pond nuisance, abated by drainage 712 659 same — where abated by filling 712 660 same — where pond both drained and filled 712 661 bills for, how made out, see Special Tax Bills. how contracts contemplating, abating nuisances, issued 713 669 cemeteries not exempted from — See note to sec. 847 746 benefits in street opening or condemnations — See Streets and Higliways. for repairing side-walks — See Sidewalks. for repairing alleys — See Alleys. for expense of removal of obstructions from streets, etc 769 937 for street sprinkling 772 1080 form of, bill for sprinkling, see Special Tax Bills. before letting work to be paid for by, deposit required, restora- tion surface, etc 988 1991 sec. 1991 held valid, see note to sec. 1991 988 deposit for special tax work, when additional necessary 988 1992 same — conditions of return of special tax work deposit 989 1993 ( 1091 ''43'' redemption from city of property sold under special tax claim, J ..,„.. ,-,,„o or under lien thereof 1 . „X„ ; ,„„ notice by Comptroller of special tax claim in city, etc 1091 2434 SPECIAL TAX BILLS— for abating nuisance, how made out 713 667 form of, for sprinkling 772 1080 President pro tem. of Board Pub. Inip'ts cannot authenticate.... 967 1908 President Board Public Improvements to make out all 973 1937 while unpaid, no permit to connect with sewers 1059 2304 deposited in Comptroller's office 1089 2427 redeemed, when Mayor and Comptroller may execute quit-claim deed to property 1090 2427 SPECIFICATIONS— See Plans and Specifications. SPIRES— on buidings — See Buildings. SPITTING— in public places, etc., misdemeanor 886 1586 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1301 Index to Charter and Xotes, pp. 4G3-542. Index to Nc7icme. pp. 279-286. Index to State Laws for St. Louis, pp. 225-256 SPOUTS I'.VGK. SKC See Pipes. SPRINKLING— See Street Sprinkliruj. STABLES— See Livery stables. STAIRWAYS— See duildinos. in mercantile and manufacturing buildings 581 135 in theatres — See Theatres. STALLS AND STANDS— See Markets: Fruit, etc. STAND-PIPES— See Buildinr/s: Theatres; Water-Conneetions. STATIONARY AWNINGS— See A tellings. STEAMBOATS— See Boats. STEAM-BOILERS AND ELEVATORS— See Boilers: Boilers and Elevators. STEAM RAILROADS— when nuisance in street — See note to heading of Chapter 11 Art. 1 2 on nuisances Uyj not to bring to city persons with contagious or epidemic dis- eases, when / "•*•' S21 I 711 822 corpses of persons dying from certain diseases not to be brought into city 744 840 penalty for importing into city paupers or poor insane 750 869 soliciting passengers, etc., at depots of — See Railroad Depots. sale of articles at depots of — See Fruit; Vegetables; Misde- meanors. regulations at depots of — See Railroad Depots. emission of smoke from engines of / ^^-^ lt)20 \ 948 1859 difference of authority of city to regulate, and street railways — See note to heading Chap. 23. Art. V 940 gates at crossings required, watchman 94G 1S52 gates and watchmen, see note to sec. 1852 94G penalty violation above ordinance 946 1853 police to enforce ordinances 947 x854 definition of term "streets" in article 947 1355 limitation of speed 947 iS56 decisions on right of city to regulate speed of, see note to sec. 1856 947 violation of speed ordinance is negligence per se. see note to sec. 1856 947 cars not to obstruct streets; bell to be rung; danger signals, cars how manned, whistles when blown, etc 948 1857 decisions as to damage suits for failure to observe the require- ments of ordinance, see note to sec. 1857 948 penalty for disobeying regulations 948 1858 engines on Poplar street track to use coke 948 1859 on Poplar street shall not obstruct over two minutes 948 1860 decisions as to Poplar street track, see note to sec. 1860 948 penalty obstructing Poplar street 949 1862 climbing on engines, misdemeanor 949 1862 regulation where street-railway tracks cross 953 1866 locomotive for us»' ■■'' ■ i'^ w ,,.,,. „,.,i.^ 982 1962 STOCK (LIVE) — See Horses; Cattle; Animals. STOCK AND BOND BROKER— when must have license as auctioneer — See .4««7ioneer. when must have license in general — Su" /;.-.. i-.-.v SEC. 1302 INDEX TO REVISED CODE OR GENERAL ORDINANCES. {Index to Charter and Notes, pp. 46S-5-42. Index to Scheme, pp. 279-286. Index to State Laws for St. Louis, pp. 225-256. STOCK-YARDS— page. proprietor of, defined 1046 2247 license for, amount 1046 2250 license for, when payable and duration, ord. 22599, see app 1161 license before doing business 1047 2253 penalty doing business without 1047 2255 decision upholding ordinances on, see note to heading of Art. 17 of Chap. 31 1046 STOLEN PROPERTY— See Misdemeanor. STONE, ETC.— See Buildings; Wharf. throwing, misdemeanor S91 1614 STONE-QUARRIES— I 704 625 ■not to be opened without ordinance, etc i „Pg j.,g decisions on, see note to sec. 625 704 blasting near highways, precautions necessary 882 1563 excavations for, how to be protected SS2 1563 STORES— See Buildings : Junk-Shops. vaults and privies in 690 571 when keepers of, may use hydrants in neighborhood 1101 2477 water rates in 1103 2487 STOP-COCKS AND BOXES— See Water-Co>i7iections : Gas Connections. STOVE— how set 587 I-jI STRAW— See Hay. STREET-CARS— See Street Railwap Cars. STREET COMMISSIONER— ,,.,.„,. f 620 271 and drinking fountains • g2Q 27'' to grant permit for excavation on wharf 648 369 to furnish plats to City Counselor. . : I g^^ -j^ct^g functions, powers and duties with respect to construction of streets and highways, see sections under Streets and High- ways. powers in case of obstructions — See Ohstructions. to aiipoint employes in street sjirinkling division 771 1076 authority and powers as to street sprinkling, see Street Sprink- ling. to establish numbers of houses, etc. — See Houses. ^ ,. . ■ ,, J- • • • <- J V (804 1205 subordinates in garbage division appointed by •! gQg j^207 to require excavations and holes to be fenced 811 1239 tofence excavations or holes in highways 811 1240 to require proper placing of water and gas stop-cocks 812 1244 control over City Forester, etc. — See City Forester. appoints what employes in City Forestry division 813 1253 appointed by Mayor 868 1509 permit for sewer and water connections 930 1798 fixes grade for street railway 959 1S79 directs reconstruction of street car tracks 960 1881 directs material of repair of street-car tracks 900 1882 when Assistant Street Commissioner may act on Board Public Imp'ts 367 1909 supervises lighting and cleaning of public lamps, see Lighting of Streets. Public Places. ©numeration of general duties 975 1945 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1303 'Index to Charter and Notes, pp. 4G3-542. Imlex to Scheme, pp. 279-286. , Index to State Laws for St. Louis, pp. 225-256. STREET COM.MISSIONER— Continued. paok. to enforce ordinances on streets, and street railways 975 to keep streets, etc.. in good condition 970 to supervise numbering of liouses — See Houses. appoints wliat subordinates and employes 97G employes in department of, salaries, bonds, duties 97U additional employes in department of Street Commissioner, and [ ^^** ^^'^■■''^^ 1 ^9 f 976 conveyances to certain employes, horse and buggy -{ 979 I 980 may rent offices for superintendents 980 salary and bond of 989 on second conviction in police court of weigher, to remove scales 1127 SEC. 1945 1945 1946 1946 1948 to 1952 1946 1952 1953 1954 1996 2583 STREET DEPARTMENT— street sprinkling division of — See Street Sprinkling. garbage removal of by — See Garbage. subordinates in garbage division of — See Garbage. City Forester division of — See City Forester. Street Commissioner at head of — See Street Commissioner. subordinates and employes of. see Street Commissioner. division of city into four districts 978 STREET-RAILWAY CARS— See also Street liaiUrays. how may pass over hose of fire-department 628 fire apparatus has right of way over J ° r 882 right of wav as between vehicles and } „„!; 961 [ 962 I ight of way as between cars 953 spitting in, misdemeanor 886 persons In charge of, to post anti-spitting ordinance in 886 minors forbidden to get on, while in motion. [Sec. repealed.].. 892 rules, regulations and provisions for running 950 power of city to regulate — See note to sec. 1864 951 ordinances concerning, when binding without acceptance by com- panies — See note to sec. 1864 951 when violation of ordinance is negligence per se and creates cause of action — Sec note to sec. 1864 951 how far company's rules valid; See note to sees. 1864 and 1870.. 951, 957 decisions on vigilant watch ordinance. See note sec. 1864 952 introducing ordinance in evidence. See same note 951 speed regulations 952 eCfecl of speed regulation ordinance, right of city to enact same, etc. See note to sec. 1865 952 regulations where tracks of, cross steam railroad tracks 953 time schedules for, regulations 953 references and decisions as to power of city to fix time schedules for. See note to sec. 1867 955 violation of speed or time schedules or other regulations 955 each car to be run over entire route 956 construction of section. See note to sec. 1869 956 passengers not required to change cars, exceptions 956 how routes of, may be changed 956 regulations receiving and discharging passengers, stopping of cars, etc 956 slow down at crossings, ringing gong — red light 957 penalty for violating last section 957 printed copy to be posted in cars of sec. 1870 957 fenders on, approval of 957 1947 297 301 1885 1561 1864 1886 1888 1S6 Street Commissioner to enforce ordinances respecting 975 license on, see Street-liailicay Cars. decisions as to power of city to impose license-taxes on. See note to heading of Art. 18, of Chap. 31 1047 how to equip cars to enable license tax ascertained 1048 to make report passengers 1048 when report to be made, and what to contain 1048 Comptroller or deputies may investigate correctness of re- port 1049 compensation of inspectors -. 1049 failure to report, or interfering with inspectors 1049 failure to pay license t&x. misdemeanor 1049 failure to pay license-tax. revocation of license 1049 article on license-tax not exempting, from burdens of special ordinances or agreements 1050 STREET SPRl.XKLl.VG— contract let for, by Board Public Improvements 770 contract to be let annually 772 districts for, and what included 770 lettings of contracts for, how made 770 water free to contractor 771 contractors for, damage to Fire Plugs 771 contractors for. damage to fire plugs 771 damage to fire-plug, decisions on — note to sec. 1072 771 regulations by Board Public Improvements 771 specifications for contracts tor, before advertising 771 bids may be rejected, re-advertisement 771 Street Commissioner regulate work in, and quantity of water used In 771 Street Commissioner has charge of 975 rules made by B. P. 1 771 department, employes In, how appointed, salaries, tenure, etc.... 771 employes furnish own conveyances 772 annual lettings for. bond to be given 772 commissioner may withdraw streets from 772 commissioner may withdraw fire-plug from use 772 cost of. how paid and apportioned 772 form of special tax bill for 772 special tax for — See Special Tax. contract cost to be paid contractor monthly 775 temporary clerks for, employed by Comptroller, City Counselor or Pres. \i. P. 1 775 to clean market-places, etc.. by Market-Master 856 cart, to pay license 933 by street-railways, between tracks 965 same — what device — approval of 966 same — penalty for failure •. 966 SEC. 1902 1903 1945 2259 2259 22,59 22fiO 2260 2261 2262 2263 2264 f ^* to ( 107 941 107 942 to 1071 1072 1072 1072 1072 1072 1073 1074 1075 1945 1075 1076 1076 1077 1078 1079 lOSO 1080 1081 1082 1437 1810 1901 1902 1903 STREET SPRIXKLI.NG DEPARTMENT— See Street Sprinkling.' STREETS AND HIGHWAYS— [Under this heading Is Indexed all matter applicable generally to all highways, of whatever kind, whether streets, sidewalks, alleys, boulevards, bridges, etc. But matter peculiar to cer- tain kinds of highways and not equally applicable to all high- ways is treated of under specific heads, such as Alleys, Bottle- rard.i. .Mi.i.iissippi River. Wharf. Sidewalks, etc.] no fires on asphaltum 611 223 1306 INDEX TO REVISED CODE OR GENERAL ORDINANCES. (•Index to Charter and Notes, pp. 463-542. J Index to Scheme, pp. 279-2S6. { Index to State Laws for St. Louis, pp. 225-256. STREETS AND HIGHWAYS— Continued. page. sec. { 612 224 burning matter on, prohibited -[ 811 1242 699 597 carrying burning coal or brand on 612 227 obstructions in — See Obstructions ; Nuisance. ponds in 70S 63S blocking or withdrawal of, by Health Commissioner in case of contagious diseases 736 803 temporary closing of, by Street Commissioner and Mayor 760 914 decision on temporary closing of street — See note to sec. 914. . . . 760 shade trees, where planted — See Trees. excavations orholes in — See Excavations; Danger-Signal. temporary occupation of, while building, how regulated, and what required 765 928 temporary occupation for building purposes, etc., permit, special fund, authority of Street Commissioner, etc 765 928 building material on 765 928 how much of, by temporary occupation permit 766 928 temporary occupation for building, temporary sidewalks, danger- signals, withdrawal of special fund, etc 766 928 f 769 938 condition of. to be reported by police ■! __„ „„„ to be cleaned by Street Commissioner. — expense 770 940 sprinkling of — See Street Sprinkling. numbering of houses on — See Houses. stationary awnings on — See Awnings. electric wires, tubes, conduits, cables, etc., oh — See Electric Wires, Tubes, Conduits, Cables. t 7S7 1 1 '^"^ to be restored after erection of poles for electric wire, etc •,' '°' :: "" t SOO 1182 lighting of — See Lighting of Streets, Public Places and Buildings. poles in — See Telegraph and Telephone Poles. removal of garbage from — See Garbage. holes or dangerous places near to be filled or fenced — See Exca- vations. trees on — See Trees; City Forester. meaning of term "street" in steam railway article 947 1855 obligations of street railways respecting — See Street Railways. vaults under — See Vaults. to be kept in condition by Street Commissioner 975 1945 city divided into four districts 978 1947 Opening. Widening. Estahlish'mg. Altering, etc. article not retroactive as to special benefits 752 876 Street Commissioner to furnish plat to City Counselor 752 877 condemnation proceedings for. notice of district to be bene- fited or damaged, notice of hearing, hearing, exceptions. 752 878 decisions and references, see notes to sees. 878-880 753 Comptroller's vouchers for damages, receipts for benefit judgments, etc ' 753 879 payment of benefits, interest, execution 753 880 execution sale for benefits. City Counselor protect city 753 880 decisions as to execution for benefits, see note to sec. 880. . . 753 satisfaction of judgment for benefits 754 SSI compensation of commissioners 754 882 clerical work done by whom. In City Counselor's office 754 883 buildings, etc.. on condemned property, how sold 768 931 City Counselor to bring and prosecute actions for 841 1368 Commissioners to meet in City Counselor's office, adjourn- ments 842 1373 duties of Clerk in City Counselor's office respecting — See ordinance 23038, in appendix 1149 INDEX TO REVISED CODE OR GENERAI- ORDINANCES. 1307 Index to CJiartrr and Xotes. pp. 463-542. Index to Sihfmp. pp. 279-286. . Index to Utatv Laws fur St. Louis, pp. 225-256. STREETS AND HIGHWAYS— Continued. Board of Public Improvements to prepare ordinances for. Street Commissioner has charge of, etc dedication of. plans of hiRhways. subdivisions, etc. approved by B. P. I what plans to contain to be submitted and PAGE. .SEC. 968 1913 975 1945 Coytstntction. Iteconstnictioii. Improviiifi. Repairinp. and Main- tenance. in charge of Street Commissioner may all be let in one contract bill submitted by Board Pub. Imp. to assembly advertisement for proposals by Board Pub. Imp. after passage of ordinance advertisement to contain what awarding of contract to be on usual terms how lowest bid ascertained when maintenance obligation begins how cont ract price paid repairs, how paid for Street Commissioner directs rei)airs reconstruction by contractor for inferior work, when and how ordered effect of clause to "maintain in repair for five years." see note to sec. S91 failure to reconstruct, cancellation contract, etc failure, reconstruction cost recovered from contractor repairs resulting from disturbance of paving same — cost how ascertained in case disturbance contractor has right to make repairs, when contracts to contain above provisions bond for maintenance required gas, sewer and water connections to be made in advance, un- less permit, etc width, material, and cross-grade of sidewalks — See Sidewalks. permission to construct cross-walks . repairing of sidewalks — See Sidewalks. repairing of alleys — See Allei/s. repairing streets, what material to be used when gas-company to repair — See Gas-Connections. temporary closing of. etc.. while work being done private persons on jiermit from B. P. I. construct streets, etc. deposit where private persons construct, etc vaults under — See Vaults. excavation in — See Excavations. procedure and proceedings by B. P. I. for proposed improve- ments same — how conducted — remonstrance, preparation of ordi- nance by board clause to maintain in repair what oralnance by board for improvement to contain annual repair contract by B. P. I 9f)9 969 offenses connected therewith. See also Misdemeanors. fires on asphaltum prohibited burning matter on. prohibited carrying burning coal or.brand, on obstructions — See Obstructions; liuisance. ponds on streets . . .■ not making sewer and gas connections before stfeet Improve- ments 758 760 969 1917 1917 975 1945 7.54 884 754 884 96S 1913 754 885 755 886 755 887 755 888 755 889 755 889 755 890 755 890 891 755 756 892 756 892 756 893 756 894 756 895 756 896 756 897 898 902 911 760 914 761 917 761 918 1918 969 969 969 969 989 1918 1918 1919 1919 1994 611 612 612 223 224 227 708 638 757 898 130S INDEX TO REVISED CODE OR GENERAL ORDINANCES. (-Index to Charter and JSiotes. pp. 463-542. J Index to Scheme, pp. 279-2S6. 1 Index to State Laios for St. Louis, pp. 225-256. STREETS AND HIGHWAYS— (Offense.s. etc.) Continued page. cross-grade for alley disi-egarded 757 misplacing stop-cocks for gas or water | ' , failure to fence excavations, or display danger signals — See Ercavations 763 rubbish from burned buildings on sidewalk 768 violation of regulations temporary occupation of highways. . 768 disregarding regulations for planting shade trees 761 excavations — See Excavations. barbed wire fences prohibited, penalty ■; ^^^ driving on sidewalk, hitching to trees, etc 805 vaults extending into to be protected 806 openings in sidewalks, not observing regulations 806 cellar doors and gratings to be closed and secure 806 disregarding regulations as to projecting signs, obstructions on sidewalks, merchandise or goods on sidewalk, etc. . . . 806 same as to balconies, bay windows, etc 812 fruit and candy stands interfering with traffic, etc 807 hoisting merchandise over highways, etc 80S injuring public property on highways 808 defacing public property on highway, etc 808 coal and firewood not to be thrown on highway 80S obstructing street by vehicles 808 spilling stuff from wagons, etc., on street 808 same — owner as well as driver liable 809 pouring or spilling certain liquids on certain streets S09 oil drippings, liquids, etc., on certain streets 809 filth, snow and ice on 810 littering up streets with wire or waste materials SIO no advertisements to be painted on 810 breaking or removing danger signals on 811 trundling wheelbarrow or cart on sidewalk 812 general penalty for violating provisions of chapter on 812 misdemeanors — See Misdemeanors. SUBPOENAS— right of, and effect of failure to obey, from Municipal Assembly, see Municipal Assemhhi. right of. in trial of suspended officers by Council, see Officers. hearing before Board License Revision 1015 SUITS— See Actions: Police Courts. SUNDAY— keeping meat-shop open on, morning, see note to sec. 1475 863 disturbance of worship on, by band of music, etc 878 hucksters, hawkers and peddlers not to sell on 1042 flags not to fly on public buildi'ugs. etc., on 548 art museum open on 549 SUPERINTENDENT— See under names of respective Institutions or Official Officers. SUPERVISOR OF CITY LIGHTING— to test gas-meter on request 634 to notify gas company to correct meter 034 duty of. where gas company fails to furnish gas as per contract with city '..... 634 duty of, to enforce gas contract with city C35 to examine gas-pipe and public lamps 635 to test, seal and stamp gas meters 635 to requii-e adjustment of incorrect registration of gas-meter... 635 to record and report inspection of gas-meters 635 to print time-tables for lighting gas 636 SEC. 900 913 1244 925 930 930 916 1208 1209 1210 1212 1213 1214 1216 1243 1217 1220 1221 1224 1222 1223 1225 1227 1228 ( 1229 t 1230 1234 1235 1235 1237 1245 1246 2112 1475 1540 2225 . 3 6 334 334 335 336 336 337 338 340 342 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1309 {Index to Charter and \otes, pp. 4G3-542. Index to Sc/ieme, pp. 279-286. Index to State Laws for St. Louis, pp. 225-256. SUPERVISOR OF CITY LIGHTING— Continued. page. sec. to pass on correctness of city gas-bills 63C 344 when to cut down electric wiring, etc 7S9 1129 to have registry of authorized employes of companies, etc 790 1134 office of, qualifications, appointment of inspectors 790 1139 salary and bond of 791 1140 employes, appointment, salaries, duties, etc 791 1140 duties of 791 1141 has charge of all apparatus in lighting public buildings; cost, how paid 791 1142 under directions Board Public Improvements , 791 1142 under control of Board of Public Improvements 793 11.55 to inspect all premises on which electrical energy 791 1143 duty of owners to admit 792 1144 to remove wires w-here identification marks illegible 792 1145 when may remove dead or uncared-for wires 793 1151 to furnish own conveyance, allowance therefor 793 1154 removal of, by B. P. I "93 1155 statement as to telephone poles and housetop wires 801 1189 SrPERVISOR OF PLUMBING— See Plumbers. uew ordinance provisions respecting — See Ai)pendix. Ord. 23007 1 1 .50-1 1 53 other ordinances affecting — See Plumbers. SUPPLIES AND SUPPLY DEPARTMENT— See Comissioner of Supplies. SIKGKRY — See Medicine and Surffer}/. SURVEYORS— See City Surveyors. SUSPENSION OF OFFICERS— See Officers; Mayor. SWILL AND SWILL-CARTS— See Garbage. SWI.MMING— in Mississippi or other water in daytime is misdemeanor 870 1517 SWIMMING SCHOOLS OR BATHS— license rates , 1099 2465 charges on certain days regulated, penalty 1099 2466 waste of water by. penalty 1099 2467 T TANKS— See M'ater-Tanks. oil-tanks on vehicles — See Vehicles. TANNERY— provisions concerning 704 625-626 T A PS- See \\'ater-Connections. TAX-BILLS— s|)ecial — See Special Tax-Bilts. rebate on 1056 2291 Comptroller to give Auditor statement of, turned over to Collector 1088 2423 deposited in Comptroller's office 1089 2427 TAXES— See Special Tax; Lien. city tax levied annually 1013 2103 merchants', and licenses — See Merchants' Tar and License. on dogs — See Dogs. assessments and returns for — see Assessment of Property. by way of license — See Licenses. rebate on 1056 2291 1310 INDEX TO RE\'ISED CODE OR GENERAL ORDINANCES. r Index to Charter and yotes. pp. 463-542. J Index to Scheme, pp. 279-286. (index to State Laics for St. Louis, pp. 225-256. TEACHERS — page. sec. to remove pupils having contagious disease 735 800 TELEGRAPH AND TELEPHONE COMPANIES— provisions affecting — See Electric Light and Power Companies. wires, tubes, cables, etc. — See Electric Wires, Tuhes, Conduits, Cables and Poles. poles of — See Telegraph and Telephone Poles. right to fix charges of — See Telephone. telephone companies — See Telephone. TELEGRAPH AND TELEGRAPH POLES, etc. of fire and police — See Fire and Police Telegraph Department. in streets — See note to Sec. 1093 778 electric — See Electric Wires. Tubes. Conduits. Cables and Poles. right of city to charge for poles — See note to Sec. 1093 778 of Westem Union and Postal Companies — See note to Sec. 1095. . 779 ■when to be removed 786 1114 when wires may be strung on, permit for 787 1120 to be placed in alleys, when practicable; procedure for deter- f 787 1121 mining \ 799 1180 ( 787 11" dimensions, construction, location of, etc { ^n-, , , „, I 799 1181 streets and alleys to be restored after erecting ■> g^i ..g., ^ , . .^ • • , » . * r 788 1124 control of city over wiring on, location of, etc ■ ^qq ,,^3 conditions of setting of 799 1179 f add ITS'* Board may direct alteration, change location, etc } -og ii-ij deposit to cover cost of restoring paving disturbed by 800 11S4 use of top cross-arms by city to be agreed to 800 11S5 article not construed as preventing city from altering ordinances 800 1186 companies to file acceptance of top cross-arms provision 800 1187 compensation to city for use of streets by 801 IISS decisions on right of city to charge for use of streets by — See note to Sec. 1188 801 statement by Supervisor as to housetop wires, and poles, etc.... 801 1189 Collector may examine company officers as to number of SOI 1190 failure to pay amount due city for, penalty 801 1191 injuring, misdemeanor _. 790 1136 sticking posters or advertisements on or aiding same, misde- meanor S^'' lo90 TELEGRAPH WIRES— See Electric Wires, Tubes, Conduits and Cables. TELEPHON'E— wires and poles, etc. — See Electric Wires, Conduits. Tribes and Cables. wires and poles in streets, discussion — See note to Sec. 1093 778 f 785 1113 fixing price of services to customers < gQ2 ^95 rates cannot be fixed by city — See note to Sees. 1195, p. 802, and 1093. p. 778. poles — See Telegraph and Telephone Poles. companies, conditions for using streets, etc SOI 1192 companies, percentages of gross receipts to city 8.02 1192 companies, Comptroller may examine books 802 1193 companies and officials refusing to pay percentage, misdemeanor 802 1194 TENEMENT HOUSE— See Buildings. term defined in Building Code 563 61 , ^ , . . . , f 706 629 term defined in nuisance article < ggg jg^ when must be first-class building 564 63 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1311 f Index to Charter and 27otes. pp. -463-542 ; < Index to Scheme, pp. 279-2SG. i Index to istate Laws for St. Louis, pp. TENEMENT HOISE— Continued, paok. atea load i)erniitteil in construction 5(;S thickness of brick walls in [[[ 574 partition walls in / ^"^^ t 575 fire-stops in walls of 575 how plastered 57G stairways in 582 r 583 fire-escapes in J 596 i 597 height of rooms, skylights, ventilating, etc., in 598 vaults, privies, closets in 1 , „ ,* ^ 10u2 In nuisance article defined I U^^ I (06 shall be nuisance, when / |i^i conditions of construction 702 sewerage in — See Setters. keeper or agent to give notice of contagious disease 736 sidewalks and gutters, etc., abutting, to be cleared of dirt, filth, snow and ice, by whom 810 sinks, basins and tubs in, regulations 1063 owners, etc., of, when may be compelled to lake out water- ) -^n„ f license from city / ^ \ water-rates in 1103 defined in water-license article 1105 THE REVISED CODE OF ST. LOUIS— See Revised Code. THEATRE— meaning of term in Building Code I jl/j, building must be first-class. 564 walls of 571 fire-escapes in 583 heating apparatus in, rgeulations 587 regulations for buildings used as 598 duties of Building Commissioner to inspect 509 stairways, aisles, skylights, curtains, exits, stage roots, scenery, lights, doors, and other paraphernalia, etc 599 stand pipes in I p«j. fire apparatus In i ... measures for prevention of fires in 601 regulations relating to lights in 601 construction of new 602 new. exits, entrances, corridors and other regulations 602 new, workshops, storage, and property-room 603 new, interior fire walls 603 new, proscenium wall and openings 604 new, interior construction 604 new, aisles, doors, exits and passages 605 new, stairways, fire walls. . . .' 605 new, location of hollers 606 new, registers and radiators 606 under control of Building Department 606 duty of manager, etc., to post certificate of Commissioner 606 new, must be first approved, what necessary 607 new. no license until certificate 607 new, hearing to be had whether law complied with 607 new, revocation of i)ermlt — reinstatement 607 carrying on business without license 607 225-256. SEC. 75 103 107 108 109 111 137 138 189 190 194 576 2313 594 (!29 612 629 613 804 1234 2313 2463 2464 2487 2490 61 197 63 87 138 151 195 195 195 196 208 196 20s 196 197 198 199 200 201 202 203 204 205 206 207 209 209 210 210 210 210 211 1312 INDEX TO REVISED CODE OR GENERAL ORDINANCES. {Index to Charter and Notes, pp. 4G3-542. Index to.Sc?i,eme, pp. 279-286. ^ Index to State Laws for St. Louis, pp. 225-256. THEATRE— Continued. page. aisles and egress from to be unobstructed (,„o balcony or portico at main entrance permitted 777 ( S8^ loaded firearms not to be discharged in < 009 persons having charge to post anti-spitting ordinance 88G f 887 manager of, when may erect billboards, and how i „„., meaning of term in license article 1051 to be licensed 1051 amount of 1052 license ijrovisions — See also Exhibition or Shows. ( 1052 other license regulations < to ( 1054 license, how application made 1053 duty of License Collector to make inquiry 1053 petition of block residents 1054 THEATRICAL PERFORMANCES— immoral or indecent, misdemeanor 870 firearms loaded with ball, not to be discharged at 882 shows, exhibitions, etc. — See Exhihition or Show. licenses for — See Ttieatres: Exhibitions or Shows. SEC. 212 213 1092 1566 1567 1589 1591 1592 2271 2270 2274 2275 to 22S5 2281 2282 2283 1516 1566 TICKET BROKERS— See Railroad Ticket Brokers. TIRES— of vehicles- -See Vehicles. TOWER GROVE PARK— See Parks. TOWERS— on buildings — See Buildings. TRAPS— See Seivers. 1 TREASURER— duties returning or crediting deposits by bidders for supplies to city 1076 2373 member of Treasur.v Department 1080 2387 duties in Treasury Department — See Treasury Department. examination of accounts of canceled obligations 1081 2391 examination of books and accounts by committee 1084 -[ o^ni (_ ^40o , same — by Comptroller in conjunction with committee 1091 2435 I office created 1092 2438 general duties of, specified 1092 2439 all city moneys to be deposited with, daily. . . . ._ 1092 2439 provisions respecting city pay rolls ." ' 1092 2439 books of, open to whose inspection; daily report to Mayor.... 1092 2439 bond of 1092 2439 selection of banks, for deposits, regulation how determined, bond from banks, and how funds drawn from 1092 2439 Interest from banks having city deposits 1092 2439 additional requirements for, as to books, accounts, warrants, duties, etc 1093 2440 personal use of moneys, warrants, funds, etc., prohibited, cause of forfeiture of office 1094 2441 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1313 r Index to Charter and Xotcs. pp. 4G3-542. < Index to Scheine. pp. 279-2SG. (.Index to State Laws for St. Louis, pp. 225-256. TREASURER— Continued. i>.\ge. skc. Assistant Treasurer. Paymaster, clerks, etc., of, appointment, duties, removal 1094 2442 responsible for employes, may require bond 1095 2443 may establish rules for transaction of business; 1095 2444 horse and buggy allowed to ]{i95 2445 salary of, and of other officers and employes in department 1095 244G TREASURY DEPARTMENT— See Treasurer; ComptroJler; Auditor. composition of lOSO 2387 accounts and bills against city, what to state, etc lOSO 23SS accounts to be vouchered by proper officers lOSO -[ ?,?? accounts, bills, etc., forwarded to Auditor, statement to Comp- troller, etc lOSO 2389 bonds, coupons or other city indebtedness, how, where and by whom paid ". lOSO 2390 same — duties of Treasurer. Comptroller. Auditor, Mayor lOSO 2390 examining accounts of Treasurer as to canceled bonds lOSl 2391 same — worthless claims in favor of city lOSl 2391 examining and creditin.i; debts paid by Comptroller and Fund Commissioners 10S2 2392 sales of bonds, notes, etc., for loans to be reported to Auditor 1082 2393 renewal of certain city bonds authorized. Ord. 228G5, Appendix.. 11G2 all fiscal officers to report to Comptroller, what 1082 2394 reports of Auditor and Treasurer, what to contain 1082 2394 contracts by city, regulations and requisites : . . . . 1082 2395 coupons, bonds, etc.. exchange for registered, by Comptroller. . . . 1083 239G contents and form of registered bonds, Comiitroller 1083 2397 transfer of registered, new registered, what Auditor and Comp- troller to do 10S3 2398 how principal and interest of registereu bonds paid 1084 2399 cancellation of bonds, certificates. Mayor, Comptroller and Treas- urer. Auditor to preserve 1084 2400 Mayor apjjoints committee annually to examine accounts 1084 2401 committee to report to Assembly, delivery of accounts to suc- cessor 1084 2402 special examination of accounts of officers by committee — report 1085 2404 com|)ensation of committee 1085 2405 Comptroller to examine Treasurer's accounts with committee. . . 1091 2435 moneys deposited in treasury, provisions as to pay roll, duties Treasurer. Auditor, etc 1092 2439 additional rules and requirements for officers of the 1093 2440 moneys from water-rates, etc., deposited in 1097 2457 TREES— shade, where planted; penalty for violating 701 91G duties of City Forester respecting shade, and other matters.... 813 1250 duty of City Forester to protect, and give advice concerning.... 813 1250 how i)roperty owners may select shade 814 1254 when shade, selected by City Forester 814 1255 injuring or destroying, or planting, trimming, etc., without per- mit from Forester, misdemeanor 814 1257 Injuring or mutilating In parks, prohibited 99G 201S interfering with roots of. etc.. misdemeanor 814 1258 violating article on City Forester, misdemeanor 814 1259 on private property not affected by ordinance on trees or Forester 814 12G0 on boulevards, B. P. I. to control 9G8 1913 in parks, who controls, etc 984 1973 not to be furnished by city emi)loyes 9S4 1973 TRESPASS — See .Misdemeanors. TRIAL OF OFFICERS ON CHARGES— See Officers. 1314 INDEX TO REVISED CODE OR GENERAL ORDINANCES. f Index to Charter and Notes, pp. 463-542. j Index to. ST7!e?)!e, pp. 279-2S6. ( Index to State Laws for St. Louis, pp. 225-256. TRIALS IN POLICE COURTS— ' page. See Police Courts. TRICYCLES— license tax on 933 where license plate put. on ( See end of section) : 936 TUBERCULOSIS— See Contagious or Infections Diseases. TUBES— in streets — See Electric Wires. Tubes. Conduits and Cables. TURKEY— See WUd Turkey. TURPENTINE— lirovisions concerning 613 TYPHOID FEVER— See Contagious or Infectious Diseases. TYPHUS FEVER— See Contagious or Infectious Diseases. u UNDERGROUND DISTRICT— See Electric Wires, Conduits. Cables. Etc. UNION MARKET— See .Varkets. UNITED STATES FLAG— See Flag. UNSAFE BUILDING — See Building. V VACANCY— in office of Coroner failing to give bond 615 elections to fill — See Elections. ( 902 in office Board Mullanphy Emigrant Fund oq- results if officer changes residence from city 90S results from absence without leave 90S in elective office, how filled 90S decisions as to when, exists — See note to Sec. 16S9 90S in elective office while officer under suspension 909 . ,. .„ r 910 m appointive office - q, ^ by reason of non-attendance at meetings of Commissioners of Penal and Charitable Institutions 915 in office of Recorder of Deeds on failure to give bond 1003 in office of Collector on failure to give bond 1055 VAGRANTS AND VAGRANCY— ordinances concerning, when and what unconstitutional — See note to Sec. 1632 S96 definition of who are vagrants S95 evidence admissible on trial 897 penalties for conviction S9T required to give bond, when S97 VARNISH— boiling regulations 611 VARNISH FACTORY— when nuisance 700 VAULTS— under sidewalks, how constructed 761 decisions on — Note to Sec. 919 701 constructing without permit, or contrary to regulations 762 under sidewalks, permission from Board Public Improvements.. 973 extending into sidewalk or highway, to be covered S06 privy — See Vaults, Privies and Water Closets. ISIO 1810 234 242 1656 1672 1687 16SS 16S9 1694 1703 1704 1726 2050 2289 1632 1635 1636 1636 605 919 920 1933 1212 INDEX TO REVISED CODE OR GENERAL OKUINANCES. 1315 (■Index to Charter and Notes, pp. 463-542. i Index to .Scheme, pp. 279-28G. t. Index to iitate Laws for St. Louis, pp. 225-256. VAULTS. PRIVIES AND WATER CLOSETS— page. .sec. to be provided for what buildings C90 571 permitted to leak, overtlow. stiiiR. etc., misdemeanor t!91 572 privy tubs to be emptied daily C91 573 f G91 574 when nuisances J gg^ 575 1 712 662 to be how constructed when inaccessible to sewer 691 575 Inaccessible to sewer, to be emptied when full 691 575 to be connected with sewer, when G91 576 method of construction or connection with sewer 692 577 reconstruction or connection, when and how required / ^^l °.l^ \ ili Gbi to be emptied and cleaned, when . . •. 692 579 manner of cleaning / *'^- ^^*^ I 10511 22GS duty of police, etc., respecting G92 581 violation of cleaning and emptying sections 692 582 violation of article in general, penalty G9:'. 5S3 abatement of nuisances of, how contracted for 712 G62 Board of Health control over method, etc 1050 2268 cleaning of. manner of doing 1050 22GS penalty for non-observance of provisions 1050 2269 regulations as to connections of with sewers, depth of, ventila- tion, materials, location of. etc 1062 2313 further regulations as to construction, tanks, etc 1063 2314 regulations for. in private lying-in institutions, hospitals, homes for foundlings, etc.— See Ord. 2299S, Appendix 1142 VAULT-CLEANERS— alone to clean vaults, privies, etc 692 579 required to have license 1050 2265 amount of license, conditions thereof 1050 2266 bond of, and conditions 1050 22G7 .,..,.., r 1050 2269 violation of article | ggg .53 VEGETABLES— inspection of 686 541 tainted or spoiled 686 542 selling spoiled 687 543 decayed, when nuisance 698 590 sale of. at market-stands 853 1420 seizure of Impure, unsound, etc., by Market-Master S56 1435 sale of in market-places outside of market-house 859 1450 oCTal from, not to cast about market-houses 859 1456 sold at markets, by whom, how SGI 14GS sold under meat-shop license SG2 1473 certain perishable, sold at depots, etc., only In original pack- ages 864 1483 same — sold only at regular place of business 864 1484 same — sale at place received 864 1485 same — penalty, not to apply to certain persons 864 14S6 purchase of, by Supply Commissioner 1078 2376 VEHICLES— carrying high explosives, regulations 552 22 not to run oVer Fire Department hose 628 297 ... - I 628 301 flre apparatus has right of way over •, ggj jgg5 Health Department ambulances have right of way (Ord. 23068, too late for Insertion), taking from shelter or shed or garage (Appendix, Ord. 22739. or Sec. 36Ga. p. 647 » 1140 allowed to various officials In city service — See under names of such officials. 1316 INDEX TO REVISED CODE OR GENERAL ORDINANCES. (■Index to Charter and Notes, pp. 4G3-542. J Index to Scheme, pp. 279-2SG. (index to State Laws for St. Louis, pp. 225-256. VEHICLES— Continued. page. for sale of milk and cream. i)rovision respecting — See Milk ( 717 garbage and swill carts, etc.. how constructed ■< 702 i 809 for removal of dead animals 715 metallic license plates on. for garbage wagons 71.S" obstruction of street by. is misdemeanor SOS oil-wagons and oil-tanks, regulations '. . . . 809 automobiles or other vehicles using oils S09 carrying ice-cream, regulations S09 farmers' wagons, space reserved at markets for 853 Market-Master to enforce order amongst, at markets 856 to be removed from market-places, when 859 at market-places, under supervision of Comptroller SGI automobiles, horseless vehicles, etc. — See Automobiles. Bicycles. etc. driving in wrong direction on car-tracks 9C1 street-cars — See Street Raihcay Cars. rules of the road 882 same — in parks 997 right of way of street-cars — See Street Railu ay Cars. spitting in public, misdemeanor SSfi hacks, carriages, cabs, etc., where to be located 888 license for, of junk-shop dealers, etc. — See License. counterfeiting license-plates for — See Misdemeanors. I 91 ''^ belonging to city, or various departments thereof, how marked... "^~ of city or exempt from license tax. how to be marked 93G not property marked, belonging to city, person in charge, guilty misdemeanor 912 of public porters not to be used by others 933 f 933 license taxes on all private and public, exceptions •{ 936 ( 936 regulations for tires 934 regulations inapplicable to, with rubber tires 934 failure to pay license, tax doubled, when 935 failure to observe certain regulations, misdemeanor 935 inspectors of, salaries, duty 935 inspection of, now by License Collector 942 license-plates for bicycles, tricycles and velocipedes, where put.. 936 of non-residents of city cannot be taxed (see also note) 936 registered numbers or license-plates on, where to be attached, exceptions 936 owners of, regulations as to making returns for license-taxes... 939 lights at night on. penalty for violations (section amended by Ord. 22673— See Appendix, p. 11561 939 rates of fare for hackney-carriages 940 rates allowed tor one-horse vehicle 940 rates for, by the hour 940 rates for, when may be doubled 940 rates for omnibuses 940 rates for furniture car 941 when and how rates tor ])ublic. to be posted in 941 violation for article on. misdemeanor 941 refusal to carry passengers, or refusal to pay fare for. mis- demeanor, etc 941 when deemed to be hired out 941 license to drive public, without charge, when 942 same — badge and number to be worn 942 same — to whom applical)le 942 same — sprinkling carts and water wagons 942 produce wagons or farmers', exempt 943 SEC. 688 614 1225 680 691 1223 1229 1230 1231 1424 1435 1455 1471 1887 1561 2022 1586 1600 1711 1712 1814 1713 1809 ISIO 1812 1S13 1810 1810 1810 ISIO 1810 1834 ISIO 1S13 1814 1821 1S22 1823 1824 1825 1826 1828 1829 1830 f 1831 \ 1832 1832 1833 1835 1836 1837 1837 1838 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1317 {Index to Charter and \otes. pp. 463-542. Index to Mc/ipHie. pp. 279-2SG. Index to Utate Laws for St. Louis, pp. 225-256. VEllU'LES — Continued. page. skc. manure wagons to pay license 943 1838 overcharging for use of cab, carriage, cabriolet, hack, etc., pen- alty 943 1839 overcharging, no new license for five years 943 1840 conviction tor overcharge to be reported to Commissioner, exam- ination before issuing license 943 1841 officers conniving at overcharging for, misdemeanor 943 1842 drivers of public, not to be away from conveyance, nor the stand therefor, nor to lounge about, etc 944 1843 hackney-carriage defined — See Appendix, Ord. 22899, pp 1154-1155 stands for certain kinds of. Police Commissioners to select.... 944 1844 stands for, when and how designated 944 1845 Police Commissioners to publish location of stands for 944 184G 1 stands for. excluded from certain streets 945 1847 coal sold only at certain places 945 1848 stands as designated to be occupied 945 1848 stands for vehicles for coal, wood, long feed, etc 945 1849 hack stands, where, regulations, etc 945 1850 stands in front of private premises 946 1851 may delay street-cars, how long and when (clause S) 950 1864 no, belonging to Street Commissioner or any other city officer, shall be used by for city work 978 1948 , , , .. f 99G 2018 In parks, regulations > < ^^^ 20''2 I lO'l 2132 selling at public auction at horse-market - .^,- oTVi regulations as to, of peddlers and hawkers 1042 2224 purchase of, for city 1078 2380 in which certain goods, coal, hay, etc., to be sold, must have weigher's mark 1122 2565 selling certain things, how often weighed, etc 1123 25CG hauling certain things, police or private citizen may compel driver to have weighing done, false certificate, penalties, sale of wagon and contents to satisfy fine, etc 1123 25G7 drivers of. how to arrange bundles and packages required to be counted by weighers 1127 2581 VENEREAL DISEASES — See Advertisements; Misdemeanors. \KNISON— See Game. regulations 863 1481 VETERINARY SURGEONS— anpointment. duties, salary 683 524 allowed, what vehicles 683 524 bond of 683 525 authority of 684 526 badge of GS4 527 inspection of cows outside of city by 6S4 528 expenses of inspections by 684 528 to make report of milk of diseased cows 684 529 to treat cows at Poor-House dairy 734 791 VETO— of bills — See Ordinances. VITAL STATISTICS— See Births; Deaths. VITRIOL FACTORY— See Factory. w WAGON— See Vehicles. WALLS— See Buildings; Theatre. 1318 INDEX TO REVISED CODE OR GENERAL ORDINANCES. (■ Index to Charter and Notes, pp. 4G3-542. i Index to Scheme, pp. 279-2SG. ( Index to State Laws for St. Louis, pp. 225-256. WAREHOUSE— page. See Biiildings. area load permitted in construction 658 floors to be required to sustain what loads 592 privies, vaults and water-closets In 691 "WARRANTS— See Auditor. arrest without — See Workhouse. by mayor 867 WASHINGTON UNIVERSITY— Department of Museum of Fine Arts 548 WATCHMEN— r 550 in Building Commissioner's Department ( j-J... in hotels and lodging-houses to guard against fire 597 in hotels, etc., neglecting duty, misdemeanor 597 in Fire Department \ g^g for scavenger dumps 657 in Health Department, salaries 750 private, how licensed, conditions of employment 912 at steam railroad crossings, required 946 for dump boats 9S4 night, on harbor-boat . .' 994 in Recorder of Deeds' office 10l):i WATER— f 697 filthy, when nuisance i 702 I 703 See Nuisance ; Sewers. seepage or leakage from defective drains or pipes 702 ponds — See Nuisance. for street-sprinkling — See Sfreet-Siirinklino. f 856 at markets i 35§ rates and licenses for — See Water Rates and License. collection of revenue — See Assessor and Collector of Water Rates. use of city water, when compulsory, procedure, license when -j^Qgg sanitary measure abuse of water privileges, penalty, etc 1101 use of, without license, throwing matter in reservoirs, opening plugs, pipes, etc 1101 ril02 may be shut off. for what and bv whom \ llOS 1 1109 ■ same — decisions as to — See note to Sec. 24S2 1102 procuring, after pipe shut off. misdemeanor 1102 rates for the use of city water 1103 rates for meter-use of water 1104 connecticns — See Water Connections. WATER BONDS— See Bonds (of City). WATER COMMISSIONER— ^. ,.,.., . f 620 powers respecting drinking touutams ^ ^^f, appointed by Mayor 868 permit from, for sewer and water connection 930 when assistant may act for, on Board Public Improvements.... 967 letting of work or supplies for water-works by 981 SEC. 75 173 576 1502 13 16 191 192 285 287 407 872 1714 1852 1968 2013 2054 589 616 617 615 1437 1448 (•2462 \ 2463 ( 2464 f 2474 ■| 2475 2475 2482 2510 2513 2483 2487 2488 271 272 1509 1798 1909 1957 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1319 {Index to Charter and Notes, pp. 4G3-542. Inilex to Scheme, pp. 279-28C. Index to State Laws for St. Louis, pp. 225-256. WATER COMMISSIONER— Continued. page. ski. head of Water Department 981 1958 qualifications anil duties in general 981 1958 in charge water-pipes, reservoirs, meters, fire-plugs, etc 981 1958 to appoint chief mechanical engineer, duties, etc 981 1959 appoints assistant, and other necessary employes 9S2 19G0 employes for Water-Works Electric Plant and Railway, salary.. 982 19G1 horse and buggy of 982 19G3 salary and bond of 990 1998 salary and bond of assistant to 990 2001 salary and bond chief mechanical engineer 990 2001 salaries of Water Department employes 991 2005 salaries of employes in Water Distribution Department 991 2000 salaries of meter and tap system employes 992 2007 salaries of employes of Inspection Uepartnicnt 992 2O0N salaries of employes of Purifying and Supply System 992 2009 salaries of employes of High and Low Service Engines Depart- ment 993 2010 f 1102 2482 t 1102 2483 when may cut off water supply from users authorized make connections with Jefferson Barracks 1107 2501 ( 1107 2505 grants permit for attachments to water-works pipes, when \ to to I 1108 2508 must furnish all taps, permission from, etc 1108 2509 service pipes needing repairing, duties, notice, etc 1108 2510 to notify whom of price of taps 1108 2511 may grant special permits as to service-pipes, etc 1109 2514 WATER-CONNECTIONS— See Pipes: Seirers. to be made in advance of street construction 757 898 excavations for service pipes not kept open over night 7G2 922 water stop-cocks, jjenalty for improper placing 812 1244 under supervision of Supervisor of Plumbing 927 1793 not permitted plumbers, unless what 929 1797 cannot be made without permits (see also below) '. . | ^^^^ 2505 B. P. I. to recommend and prepare ordinances for 961 1913 injuring, etc., city, opening stoj) cock, plug, etc 1101 2475 I 1102 2481 110' '48'' when and for what and by whom may be shut off | ^..^^ ',^7, I 1109 2513 new stop-box, if broken, or no license 1105 2491 with Jefferson Barracks, etc., authorized 1107 2501 persons making, with pipes of water-works, or altering or repair- insj. bond required 1107 2504 bonded plumber to procure permit 1107 2505 application for permit, how made 1107 2506 permits for, or alteration, repair, etc.. city water pipes, cer- tiflcates required from whom, when Issued IIOS 2507 same — when not issued IIOS 2508 taps must be furnished by Water Commissioner, what tapping permitted 1108 2.509 service pipe, repair needed, failure to repair, water shut off, f 1108 2510 cost how paid, penalty for failure \ 1109 2513 taps, regulations, when main pipe to be plugged 1108 2511 notice of price of taps to Comptroller and Auditor 1109 2512 when attachments may be cut off from main pipe 1109 2513 service pipe regulations, how laid, material, etc 1109 2514 sizes of taps, etc 1109 2514 service pipe regulations, permits from Commissioner, etc 1109 2514 stop-cocks, how made, where placed, regulations, service pipes.. 1110 2515 1320 INDEX TO REVISED CODE OR GENERAL ORDINANCES. I Index to Charter and Notes, pp. 463-542. ■^ Index to. S'cAewe. pp. 279-2S6. (. Index to .s7afe Laws for St. Louis, pp. 225-256. WATER COMMISSIONER— Continued. p.^ge. sec. street-washers, regulations, stop-box and box 11 11 2516 service pipe for building purposes, regulation 1111 2517 service pipes stop boxes on 1111 2519 supply-pipe, stop cocks on, where 1111 251S new plumbing -work tested, plumber to shut off water 1111 2520 plumbing work comply with regulations, to be approved by Supervisor of Plumbing 1111 2521 for elevators and other large connections, regulations 1111 2522 for Are purposes, must have meter 1111 2522 same — must have valve, seal, etc., regulations 1112 2523- stand-pipes, same, regulations 1112 2524 plumbers to make weekly returns 1112 2524 plumbers' names not to be permitted to be used by others 1112 2525 permit for tap not issued while fine unpaid or bond not renewed 1112 2526 general penalty for violation of chapter on 111? 2527 WATER-CRAFT— See Boats : ^yharf. WATER-CLOSETS— See Vaults. Privies and Water-Closets. WATER DEPARTMENT— See M'ater Commissioner: Water-Works ; Assessor and Collector of Water Hates: Water Rates. WATER LICENSE— See Water Rates and Licenses. WATER-PIPES— See Pipes; Btiildings: Water Connections ; Water Commissioner. WATER RATES AND LICENSES- for provisions concerning the Assessor and Collector of, see Assessor and Collector of Water Rates. to be collected by whom j^ogy 2456 proceeds and moneys from, when and where deposited 1097 2457 water-license blanks, how signed, etc IO97 2459 license for, from city, when compulsory as sanitary measure, H^q^ ;'*^? proceedings 1 1'^^* 2463 ( 109S 2464 (2465 for swimming baths or schools 1099 \ to [2407 decisions as to. rights of consumers, when payment of rates is held to be under duress, threats of shutting off supply, etc. —See note to Art. 3 of Chap. 3S 1099 issued by Assessor, how paid, term of 1100 246S licenses to specify what 1100 2469 division of city into districts, term may be shortened 1100 2470 rebate on removal, when allowed 1100 2471 rebate in case of fire on premises 1100 2472 use of water by Fire Department 1100 2473 abuse of water license privileges, penalty, duty of police 1101 2474 no license except for enclosed premises, right to shut off 1101 2476 license to storekeeper, when, from common hydrant 1101 2477 residents where water-pipe not laid, when licensed, how 1101 2478 when license may be withheld 1101 2479 when license to be taken for all purposes 1101 24S0 same — when for certain uses and used for others, revocation... 1102 2481 water shut off for non-payment of license or waste of water.... 1102 24S2 when used for building purposes, same as ordinary license.... 1102 24S6 yearly rates for use of water in respective buildings enumerated 1103 2487 meter rates for use of water 1104 248S meter rates, fractional parts 1105 24S9 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1321 I Index to Charier and Xotes. pp. 4G3-542. .' liu]e\ to Scheme, pp. 279-2SG. ( Index to State Latvs for St. Louis, pp. 225-256. WATER RATES AND LICENSE— Continued. P.VOE. sec. new stop-box, if broken, or no license 1105 2491 ''gallon" defined in article on 1105 2492 present schedule, when goes into effect 110,") 2493 meters may be placed in public institutions llOfi 2494 where meter used, only one connection with main allowed llOiJ 2495 hospitals, orphan asylums and charitable institutions pay halt rates for HOC. 249G meter rates for public schools HOG 2497 ( 1S02 free water for public baths 931 is(j4 meters to be furnished by Board Public Improvements to con- sumers, cost paid by city HOG 2498 rates to r. S. Government lioc. 2499 same^nieters at ,Iefferson Barracks HOG 2500 same — connections by Water Commissioner 1107 2501 same — reservation of rights by city 11 "T 2502 violation of article, general penalty Ho" 2503 WATERLOO-CARONDELET TURNPIKE AND FERRY CO.— See Ferries. WATER-TANKS— on buildings 580 in connection with water closets 10G4 WATER-WORKS— when work for. and sui)|)lies to be let like other public work.... 9S1 construction of contract for — See note to Sec. 1957 981 locomotive for use of 982 injuring property of, or throwing matter into reservoir, wasting water, etc 1101 revenue from — See ^yater Itates and Licenses. attachments with pipes of, or repairing, etc. — See Water Con- nections. bonds of and for — See Bonds (of City), etc. WEAPONS — See Concealed Weapons: Firearm's. WEEDS— when nuisance 70.3 weed ordinance sustained — Note to Sec. G19 703 regulations concerning 703 defined 703 street commissioner to remove from city property 704 WEIGHERS— of hay and stove coal, weighing firewood \ g,, Market-Masters at markets to he sole S57 I SC8 of scales, appointed by Mayor < jjjg to have scales, measures, etc., tested, penalty for failure {\\l\ of scales, terms, bonds, salaries 1119 Comptroller to furnish tickets to 1120 authorized, public or private 1120 of private scales, how appointed, regulations, blanks, tickets, bonds, etc 1120 books of, open to Inspection 112ii of scales, certain assistants, appointment, salary 1120 responsible for assistants 1121 certain .Market-Masters to act as 1121 what Is breach of bond, of public or private 1121 124 2314 1957 1962 2475 C19 620 to C22 C23 624 323 326 1439 1.509 2555 2533 2ri(!-2 2555 2556 2557 2558 2558 2559 25G0 2561 2562 SEC. 1322 INDEX TO REVISED CODE OR GENERAL ORDINANCES. f Inde.x to Charter and Notes, pp. 463-542. I Index to Scheme, pp. 279-286. (index to State Laws for St. Louis, pp. 225-256. WEIGHERS— Continued. page. what is misdemeanor by 1121 2562 same — See also Weights and Measures; Misdemeanor. decisions as to — See- heading to Chap. 40 1113 forfeit position by two convictions in Police Court i ,:t; ?.?^ I 112i 2oS3 fees of, penalty for wrongful charge 1124 256S duties of, enumerated 1124 2570 having liquor at scales, misdemeanor 1126 2575 unauthorized persons acting as, misdemeanor 1120 2577 persons interfering with, misdemeanor 1126 2578 to have scales tested, how repaired 1127 2579 and sureties, not to be Interested or deal in articles weighable on scales 1127 2580 violation of article in general 1127 2583 city, portable scales, license, amount 1128 2584 duties of portable scale, bond 1128 2585 f 1128 2584 portable, without license, penalty, regulations, tested, fees, etc..< to to I 1129 2590 register of city, open for inspection 1129 2590 WEIGHING SCALES— See Weighers. private, permission from Board Public Improvements 973 1934 to be tested by Inspector of Weights and Measures 1114 2531 persons using to have Inspected 1114 2533 designation and location of 1118 2552 ■ another, near New City Hall, on Washington Square 1119 2553 chief engineer of City Hall to supervise City Hall scales 1119 2554 same — weighing for Court House, City Hall, Four Courts. Jail.. 1119 2554 weighers of — See Weighers. , ^ ,. . , r 1119 2555 what authorized 1190 '557 selling certain articles without weighing on authorized, mis- f 1122 2564 demeanor 1 1126 2576 driver of wagons may be compelled to go to nearest, penalty for false certificate, sale of wagon and contents, tine, etc.... 1123 2567 persons interested in to make statement to Register, what to contain, penalty for failure .> .,.'. 1124 2569 liquor at prohibited .~. 1126 2575 weighing on illegal, misdemeanor 1126 2576 persons abusive or disturbing at 1126 2578 to be tested twice a year, repairs how made 1127 2579 Collector to enforce article 1127 2582 general clause making violation misdemeanor 1127 2583 portable, city weighers, license 1128 2584 WEIGHTS AND MEASURES— of firewood — See Firewood. of charcoal — See Charcoal. of coal. See below, also Coal. Inspector of — See Inspector of Weights and Measures. examination and seizure by ]Market-Masters 856 1435 seizure of. by Inspector of, when ". 1115 2536 to be tested by Inspector 1114 2531 open for inspection, penalty for concealment, etc ,1114 2532 persons using, to cause inspection, penalty for failure -,' ....,- gS-., how purchased, suii|)lies 1114 2534 dry measure, standard 1115 2535 use of, presumed from proximity of goods 1115 2536 ,. . , „ f 1115 2536 false, or unauthorized penalty -j w,,^ ,gg, what deemed yardsticks 1115 2537 fees for inspection of 1115 2538 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1323 {Index to Charter and Xotes, pp. 4G3-542. Inde.K to Scheme, pp. 279-28G. Index to State Laios for St. Louis, pp. 225-256. WEIGHTS AND MEASTRES— Contimu'd. page. penalty for altering, using unstamped, etc 1115 fees for subsequent inspections 1116 fees inspecting hay and coal scales 1116 fees for weighing 1124 weighing stone-coal, standard measure 1126 frauds in, short-weights, altering certificate, etc < ,,,(. blank certificates from Comptroller 1116 what, of dairymen, hawkers, peddlers, junk or rag dealers, where to go, penalty for failure 1117 standard bushel box, sale in violation misdemeanor 1117 violation in general of article on 111? standard weights of various grains, seeds and articles lllS standard in absence of agreement lllS corn and oats, standard of. penalty selling otherwise lllS public scales for — See n'eiijhino Scales. decisions on city's right to regulate — See note to Chap. 40 1113 wagons to sell certain articles to have stamp 1122 same — how often wagons weighed 1123 drivers of coal, hay. cereals, etc., may be compelled to have weighed, certificate varying true weight, penalties, sale of wagon and contents, etc WELLS AND CISTERNS— what, reopened by Board of Health when nuisance authority of city to regulate or reopen — See note to sec. 618 WESTERN UNION TELEGRAPH CO.— ordinances affecting — See note to sec. 1095 WHARF— See Harbor and Wharf. power of city respecting, see note to sec. 345. . ^ what comprises wharf ■what comprises harbor — See note to sec. 345 title to i)roi)erty comprising — See note to sec. 345 1123 G64 703 703 7711 636 636 63G 636 condemnation of property for, see notes to sees. 345 and 346. .. .636-637 346. decisions respecting, see note to sec. 345 eastern boundary line of western boundary line of, see note to sec distances and ordinates boundary line designated building beyond line of removal of buildings or structures beyond... repeal of former ordinances defining line of water craft where to moor water c raft, may be required to move •[ 636 637 637 638 638 643 643 643 643 644 644 boats at — See Boats. commissioner set apart landings of boats at regulations for removal of property from removals from wharf, how effected and by whom proceedings to sell goods which obstruct wharf excavations on, prohibited 648 repair of i)avement on 648 penalty for violations of* regulations respecting 648 report of commissioner of persons using 649 wharfage at — See Wharf aiie. landing places at, for coal, stone, sand, etc., may be let letting or leasing out unimproved parts of < renting, temporarily, when permitted decisions as to leasing out. etc.. note to sec. 379 procedure In renting or leasing unimproved 642 dunnage business at wharf 651 skids on 651 645 645 645 646 650 650 652 651 651 SEC 2538 2539 ■2540 25G8 2r.71 2573 2574 2541 2546 2547 254S 2549 2550 2551 2565 2566 2567 449 618 345 346 347 348 349 350 351 352 353 354 359 360 3G1 363 369 370 371 373 378 379 383 380 383 381 381 1324 INDEX TO REVISED CODE OR GENERAL ORDINANCES. r Index to Charter and Notes, pp. 4G3-542. i Index to Scheme, pp. 279-2S6. ( Index to State Laws for St. Louis, pp. 225-256. WHARF — Continued. page. sec. wharfboats at — See Wharfhoats. landings, docks, etc., at •. 651 382 eniiJloyment of additional help to keep clean 657 411 ferries at — See Ferries. opening, widening, condemning, etc / '°" , „ ' , ( ybz lyo* proceedings in opening, etc. — See Streets anil Highways. improvement for, ordinance prepared by B. P. I ■ 9G8 1913 duties and powers of Harbor and Wharf Com'r as to 9S2 1964 WHARFAGE— ( 649 374 on lumber and logs brought in rafts J 650 376 I G50 377 f 650 375 I 650 376 on firewood ■[ 654 393 655 395 655 397 on firewood, rates for 655 397 failure to pay — penalty 650 377 districts for receiving, meastiring and collecting, on cord-wood... 654 393 deputy commissioner to act as woodmaster 655 394 duties of Harbor and Wharf Com'r in collection of 982 1964 WHARF-BOATS— ^ , ,. , . r 650 37S at landings on wharf < „.. opo f 650 378 bond for ] 651 382 (. 652 384 license for. how obtained 652 384 storage or forwarding charges prohibited to 653 385 how fastened 653 386 barges may have privileges of 653 387 rental rates for 653 388 shall not affect wharfage rates 653 388 to be connected with wharf by stages 654 389 removal of — failure to comply with chapter 654 390 unpaid rent for, privileges lost 654 391 violating article respecting 654 392 certain ordinances to be posted on 889 1601 WHEAT— how sold 1118 2549 WHEELBARROW— trundling of. on sidewalk, misdemeanor 812 1245 public porters not to permit others to use 933 1809 WHISTLES— blowing, misdemeanor, when — See Misdemeanors. of railroads 948 1857 WHOOPING COUGH— See Contagious or Infectious Diseases. WIGGINS FERRY COMPANY— See Ferries. WILD TURKEY— sale of 863 1481 WINDOWS— bay or oriel — See Buildings. in hotels, apartment houses, etc. — See Buildings. WIND-PRESSURE ON BUILDINGS— / See Buildings. INDKX TO KKVISED CODE OR GKNKHAI. ORDINAXCES. 1325 f Index to Charter and Xoles. pp. 4G3-542. Index to .St/iCHK>, pp. 279-280. [Index to stale Laics for St. Louis, pp. 225-256. WIRES. ETC.— PAiiK. for electric, etc., purposes — See Electrie Wires. Tubes, Conduits and Cables. AVITNESSES— See Fees and l{ates ; Policr Courts: Subpoenas; Mu- nicipal Assembly. WOOD— See Buildings: Fire-Wood; Wharfaoe. WOODEN BUILDINGS— See Buildin;is. WOOD-YARD— See Firewood. WORK-HOUSE— See Police Courts. imprisonment in, wlien lawful — See decisions in note to sec. 12C5 81 G removal to. by clerk, on failure to i)a.v fines, etc 821 imprisonment in. for failure to pay Police Court fines, etc 829 return to Police Court from, of i)ersons appealing 829 conveyance of prisoners to, how S.31 Superintendent appointed by Mayor 8C8 decisions concerning — See note to Cliap. 21 913 location of 918 Superintendent of — See Work-House Superintendent. prisoners at. duties of Superintendent respecting 91S record of prisoners at 919 record of days of work by prisoners 919 termination of confinement of prisoners to be noted 919 food and sleeping provisions for prisoners 919 food for guards and emi)loyes. requisitions, etc 919 ■what records kept of ])risoners committed to 919 disposition of effects of property of iirisoners at 920 employment of prisoners at, hours and extra i)ay 920 emi)loyment at public work (see herein below), decisions as to letting out prisoners <5n contract with private per- sons, see note to sec. 1753 920 receipts by Supt. for bills given collector for work done by pris- oners 920 bills against, how audited 920 treatment of disorderly or unruly prisoners at 920 decision as to right of city to provide punishment for unruly prisoners, see note to sec, ]7.5(i 920 notice to be given whom, when prisoners escape from 921 penalty for escapes from 921 f 9'! credits and forfeitures to prisoners at, in working out fines • q^, provision refusing credits is void, see decision referred to in note to sec. 1759 921 prisoner from Court Criminal Correction allowed one dollar per day credit — See note to sec. 17G1 922 prisoners allowed fifty cents per day 921 reeulaficns for confinement of i)rlsoners at 921 prisoner entitled to discharge on paying fine or working out same 921 intercourse with prisoners at, 'forbidden — exceptions 922 prisoners, what to have separate apartments 922 treatment of sick prisoners at 922 physician at, may be employed to treat prisoners 922 same — duties of such physician as to food, etc 922 sick or Injured prisoners to he removed to City Hospital 923 employment and discharge of guards or employes at, see Work- House Superintendent. employment of prisoners on public work by B. P. 1 923 shortening term of Imprisonment, rewards, etc 923 Board Pub. Imp. to prescribe rules In such cases 923 prisoners, when may be employed on private or public work.... 923 proceeds of work of prisoners how collected 923 arrest of escaiied prisoners from wiili.int warrant 924 1273 1308 1309 1316 1509 1742 1743 1744 1745 174G 1749 1750 1751 1752 1753 1754 1755 175C 1757 1758 17.59 1770 17G0 17no 17G1 17G2 17(;3 1704 1705 1700 1707 1770 1770 1770 1771 1771 1773 1326 INDEX TO REVISED CODE OR GENERAL ORDINANCES. {Index to Charter and Notes, pp. 463-542. Index to Scheme, pp. 279-286. Index to State Laics for St. Louis, pp. 225-256. WORK-HOUSE— Continued. page. trespass on premises of; helping prisoners escape; interfering with Supt 924 when prisoners at. supplied with clothing 924 officers at, forbidden to deal in supplies 924 officers to be appointed 924 clerks and gatekeepers at 924 (• 924 salaries and bonds of employes and officers at \ 924 (. 925 engineer and assistant at 925 record of articles sent to or from 925 prisoners not to be used for loading; exceptions 925 WORK-HOUSE SUPERINTENDENT-- when to deliver committed prisoner desiring to appeal 829 enumeration of duties of 918 residence, property of institution, prisoners, etc 918 record of prisoners kept by 919 record of days prisoners work 919 termination of confinement to be noted by 919 to keep what books, accounts kept, report to Comptroller 919 monthly requisitions to be made by 919 r 919 food of prisoners at, who looks after ■ „,, sleeping apartment, etc., of prisoners to be looked after by 919 performs such other duties as B. P. I. may require 919 to make what records when prisoners committed 919 employment of prisoners, etc. — See Work-House. take receipts and collect bills for work done by prisoners, etc. — See Work-House. to keep daily accounts of prisoners and work 920 bills against work-house signed by. . . . .• 920 Mayor controls, as to punishment of prisoners 920 whom to notify of escape of prisoners 921 ordinance allowing, to extend time of confinement by refusing credit, is void — See note to sec. 1759 921 may permit holding intercourse with prisoners 922 to notify Supt. of City Hospital when prisoner ill 922 may employ regular physician 922 removal of, for failure to look after food of prisoners — See note to sec. 1766 922 to send sick or injured prisoners to City Hospital 923 to discharge and appoint guards or other employes, when 923 what shall require discharge of guards by 923 to make full report at each session of Municipal Assembly 923 take precautions against escape; may arrest without warrant.... 924 may arrest persons trespassing, or aiding prisoners to escape, or interfering with Supt 924 forbidden to deal in supplies to Work-House 924 f 924 to appoint what employes at Work-House < ggg supervision clerks and gate keeper 924 salary and bond of 924 to keep record of articles received and sent 925 WORKING-MEN— when not included in prohibition beer drinking on street 877 WRECKED BOATS— See Boats; Obstructions ; Ferries. Y YARD STICKS— what constitutes, fees, etc 1115 YELLOW FEVER— See Contagious or Infectious Disea.ies. SEC. 1774 1775 1776 1777 1778 1779. 1780 1782 1781 1783 1784 1309 1743 1743 1744 1745 1746 1747 1748 1749 1766 1749 1749 1751 1755 1755 1756 1757 1762 1764 1765 1767 1768 1769 1772 1773 1774 1776 1777 1781 1778 1779 1783 1538 2537 ADDENDUM. TABLE OF MAYORS, ALDEIOIEN, DELEGATES AND COUXCILMEX OF ST. LOUIS, FKOM 1823 TO 15)07. NAMES OF PRESIDING OFFICERS ARE IX SMALL CAPITALS, (PAGES I TO XXIII.) ALSO TABLE OF PRESKXT MrXTflPAT, OFFICERS. ELECTED AXD APPOINTED. (PAGES XXIII Id XWII.i II MAYORS AND ALDERMEN. 1823.— WILLIAM CARR LANE, Mayor. Robert Walsh. James Loper, James Lakeman, ARcninAi.n G.^tjible, William H. Savage, Joshua Barton (died), Thomas McNight, James Kennerly, Phillip Rochel- blane, Henry Von Phul, Joseph V. Garnier. 1S24.— WILLIAM CARR LANE, Mayor. Bernard Pratte, Pierre Chouteau, Sr., John L. Sutton, Joseph C. Laveille, Hugh Richards, John Shackfokd, Joseph V. Garnier, David V. Walker (died), Matthew Kerr, William K. Rule. 1S25.— WILLIAM CARR LANE, Mayor. Joseph Charless, Sr., Phillip Rochelblane, Elisha S. Beebe, Jacob Hawken, Hugh Richards, Hubert Guicn, Louis T. Hcuore, Pierre Chouteau, Alfred Skinner (re- signed), Charles Bosseron. 1S2C.— WILLIAM CARR LANE, Mayor. Archirai.d Gaiiule, Asa AVilgus, Thornton Grimsley, William K. Rule, Joseph C Laveille, Thomas F. Riddick, Joseph V. Garnier, David B. Hill, Henry Von Phul. 1S27.— WILLIAM CARR LANE, Mayor. North Ward — John Mui.laxphy, William K. Rule, John D. Daggett. Middle Ward — Fred L. Billon, Edw, Charless, Christopher M. Price. South Ward — Joseph C. Laveille, John L. Sutton. David B. Hill. , 182S.— WILLIAM CARR LANE, Mayor. North Ward — George H. Kennerly, Michael Reilly, Samuel Hawken. Middle Ward — Frederick L. Billon, Edward Charless. Joseph C. Laveille. South Ward — John L. Sutton, John Smith, John Smith, Jr. 1S29.— DANIEL D. PAGE, Mayor. North Ward — John MuUanphy, Michael Reily, Jabez Warner. Middle Ward — Edw. Charless. Thomas Cohen. Joseph C. Laveille. South Ward — Hubert Guion. Herman L. Hoffman, John L. Sutton. 1830.— DANIEL D. PAGE, Mayor. North Ward — John D. Daggett, William K. Rule, Edward Dobyns. Middle Ward — Thomas Cohen, Joseph C. Laveille. Edward Charless. South Ward — Elkanah English, Hubert Guion, Herman L. Hoffman. 1S31. — DANIEL D. PAGE, Mayor. North Ward — Joseph Bates (resigned), Edward Dobyns, William K. Rule (re- signed), Jesse Colburn (resigned), Hugh O'Neil. Middle Ward — Peter Ferguson, Joseph C. Laveille, Jabez Warner. South Ward — John Pigott. Michael Rourke, Robert Simi)scn. 1S32.— DANIEL D. PAGE. Mayer. North Ward — Edward Dobyns, Hugh O'Neil, Solomon P. Ketchum (resigned), Robert Moore. Middle Ward — Peter Ferguson, Joseph C. Laveille. Edward Charless. South Ward— Michael Rourke (died), Robert Simpson, Cotton M. Tabor, Calvin Francis. 1833.— SAMUEL MERRY, Mayor. (Disqualified in consequence of holding office under the general government. J. W. JOHNSTON, elected mayor in his stead.) North Ward — Edward Dobyns. Hugh O'Neil, Jr.. Robert Moore. Middle Ward — Edw. Charless. Peter Ferguson. Joseph C. Laveille. South Ward — Sullivan Blood, Robert Simpson, Caleb Lockwood. MAYORS. ALDERMEN AND DELEGATES. I ] 1 1834.— JOHN W. .JOHNSTON, Mayor. First Ward — Benjamin W. Ayres (reslprned), Michael Gorman (resigned), George Morton. Benjamin \V. Ayres, Wilson Prlmm. Second Ward — Horatio N. Cross. John Shannon. James P. Spencer. Third Ward — Thomas Andrews. John F. Darby. Hidii O'Nkii.. Fourth Ward — Edward Dobyns, Robert X. JVoore. Hu^h O'ltrlen. 1835.— JOHN F. DARBY, Mayor. First Ward — George Morton. Wilson Prlmm. John P. Roily. Second Ward— JosKru Cii.\ia.Ks (resigned), James J. ['urdy, J.v.mks P. Spencer, Joseph C. Laveille. Third Ward— Thornton Grlmsley. Hugh O'Nell. Dunham S|)aldlng. Fourth Ward — Charles Collins. John Lee (removed), Joseph Bates (resigned), Solomon P. Ketchum. Bryan Mullanphy. 1S36.— JOHN F. DARBY. Mayor. First Ward — George Morton. Wilson Prlmm. James J. Purdy. Second Ward — Thos. Cohen. Joseph C. Laveille. J.\s. P. Spkntkr. Third Ward— William Preston Clark. Thornton Grlmsley. Hugh O'Nell. Fourth Ward — Charles Collins. Hugh O'Brien. Bryan Mullanphy. 1S37.— JOHN F. DARBY. Mayor. First Ward — Wilson Puimm. Joseph S. Pease, Joseph W. Walsh. Second Ward — Thomas Cohen, David B. Hill, James P. Spencer (died), Stuart Matthews. Third Ward — Thomas B. Hudson. Peter Tlernan, Asa Wilgus. Fourth Ward— Charles Collins. Abel Rathbone Corbln, Hugh O'Brien. 1838.— WILLIAM CARR LANE, Mayor. First Ward — Benjamin W. Ayres, Joseph S. Pease. Joseph W. Walsh. Second TVard — Louis V. Bogy. D.wid Coons. Stuart Matthews. Third Ward— Merrlwether Lewis Clarl<. Hugh ONeil. Peter Tlernan. Fourth Ward — Abel Rathbone Corbln (resigned), Hugh O'Brien, John M. Wlmer, Giles A. Llndley. 1839.— WILI-IAM CARR LANE. Mayor. Aldermen: First Ward — Benjamin W. Ayres. James G. Barry. Second Ward — Beverly Allen. Edward Tracy. Third Ward — Gkokcik Cooi.ieh. John B. Sarpy. Fourth Ward — John Lee. Archibald Carr. Delegates: First Ward — Elkanah English, Charles Coutts (resigned), William Home. George Maguire. Second Ward— William Glasgow. Theodore Papln. David B. Hill. Third Ward — Bazll W. Alexander. Asa Wllpus. George Trask. Fourth Ward — George K. Budd. Abel G. Farwell. Samuel Gaty. 1S40.— JOHN F. DARBY, Mayor. Aldermen; First Ward — James G. Barry. Benjamin W. Ayres. Second Ward— BtvrRi.v Aii.fn ( resigned ». Ao.xm L. Mills, Thomas Cohen. Third Ward— William Burd. Archibald E. Orme. Fourth Ward— Archibald Carr. Horatio N. Davis. Delegates: First Ward— Elkanah English, George Maguire. Hiram Shaw. Seiond Ward — Edw. Brooks. James Clemens. Stewart Matthews. Third Ward — Thomas Dresser. George Trask. Thomas II. West. Fourth Ward — George K. Budd. Samuel Gaty. David Weston. IV MAYORS, ALDERMEN AND DELEGATES. 1841.— JOHN D. DAGGETT, Mayor. Aldermen : First Ward — John Corcoran (resigned), James C. Lynch, Brannock Jones. Second Ward — B. W. Ayres, Stewart JIatthews. Third Ward— Thomas Cohen, A. L. JIiLi.s. Fourth Ward — Archibald E. Orme. James H. Lucas. Fifth Ward— Robert Cathcart, Samuel Gaty. Delegates: First Ward — Joseph M. Magehan, Daniel H. Donovan, Thomas Denny. Second Ward — Elkanah English, Hiram Shaw, Henry McKee (resigned), Edward Walker. Third Ward — Henry S. Coxe, Edw. Brooks, Henry E. Stone. ' Fourth Ward — Thomas H. West, George Trask, Ebenezer Young. Fifth Ward — Thomas H. Duncan, Theodore Lebeaume (resigned), A. R. Corbin, John M. Wimer. 1842.— GEORGE MAGUIRE, Mayor. Aldermen : First Ward — James C. Lynch, William B. Wood. Second Ward — J.\jies G. Bakry, Nathan Ranney. Third Ward — Edward Brooks, Adam L. Miixs (resigned), Adam B. Chambers. Fourth Ward — Archibald E. Orme, Joseph B. Crockett (resigned), B. S. Hollings- worth. Fifth Ward — John M. Wimer (resigned), Samuel Gaty (resigned), C. Campbell, Charles Todd. Delegates: First Ward — Daniel H. Donovan (resigned), Thomas Denny (resigned), Henry C. Lynch, John C. Mueller, John Stewart. Second Ward — Hiram Shaw, Ezra O. English, Ellis Wainwright. Third Ward — George K. McGunnegle, Francis Jones, William H. Jones (resigned), Beriah Cleland. Fourth Ward — Vital M. Garesche, Louis A. Lebeaume, J. S. Wood. Fifth Ward — Abel R. Corbin, T. O. Duncan, Chas. R. Anderson. 1843.— JOHN M. WIMER, Mayor. Aldermen: First Ward— Matthias Steitz, John Withnell. Second Ward — Wilsox Primm, Stuart Matthews (resigned), John Black. Third Ward — Edward Charless, Louis A. Lebeaume. Fourth Ward — Luther M. Kennett, John B. Camden. Fifth Ward — Anthony Bennett, Thomas Watson. Sixth Ward— Joseph S. Hull, William S. Stamps. Delegates: First Ward — Jacob Smith, James Caldwell. Second Ward — Ellis Wainwright, Charles Bobb. Third Ward — George K. McGunnegle, Francis Jones. Fourth Ward — Georiie A. Hyde. John Finney. Fifth Ward— Abel R. Corbin, Rufus Kayser. Sixth Ward — Charles R. Anderson, Jacob Tice. 1844.— BERNARD PRATTE, Mayor. Aldermen: First Ward— Matthias Steitz, John Withnell. Second Ward — John Black, Ellis Wainwright. Third Ward — EinvARi) Ciiarles.s, George K. JIcGunnegle. Fourth Ward — Luther M. Kennett. John B. Camden. Fifth Ward — Thomas Watson (resigned), Archibald Carr, J. W. Ormsbee. Sixth Ward — William S. Stamps, George Mead. Delegates: First Ward — John Corcoran, Edward Warrens. Second Ward — Charles Bobb, George Morton. Third Ward — David Chambers, Francis Jones. Fourth Ward— George A. Hyde, Charles Todd. Fifth Ward — Samuel Knox, Charles J. Carpenter. Sixth Ward — James Gordon, Hugh Rose. MAYORS. Al.PERMEN AM> DKLEC. ATES. V 1845.— BERNARD I'RATTE, Mayor. Aldermen: First Ward— Matthias Steltz. Daniel H. Donovan. Second Ward — Ellis Wainwrlfeht (resigned), .lames G. Barry, B. W. Ay res. Third Ward — GeorKe K. MoGunnegle, Edward Charless. Fourth Ward — Henry D. liac-on (resiRned), Luther M. Kennett, Charles OoUlns, John B. HlKdon (In lieu of Collins). Fifth Ward — Akciiiii.m.d C.vuk. George K. Rudd. Sixth Ward— George Mead. John Hall. Delegates: First Ward — Edward Warrens (resigned), Aniadee Valle, Ezra O. English. Second Ward — Thomas B. Targee, Robert Holmes. ■ Third Ward— Singleton H. Kimmel, William Glasgow, Sr. Fourth Ward — Charles Hequembourg, Isaac T, Greene (resigned), Charles M. Valleau. Fifth Ward— Samikl Kno.x. Charles Jabine. Sixth Ward— Henry Loane, Nathaniel Chllds, Jr. 1840.- PETER G. CAMDEN, Mayor. Aldermen: First Ward — Matthias Steitz, Daniel H. Donovan (resigned), George Maguire. Second Ward — James G. Barry, Daniel D. Page. Third Ward— Edward Charless, Adam L. Mills. Fourth Ward — Luther JL Kennett (resigned), John B. Hlgdon, Stephen W. Adreon. Fifth Ward— George K. Budd, Reuben Knox. Sixth Ward— John Hall, Nathaniel Chllds, Sr. Delegates: First Ward— A. Valle (resigned), W. Tlghe, John Dunn. Second Ward — C. P. Morse. Robert Holmes. Third Ward— S. H. Kimmki. (resigned), W. Glasgow, Jr. (resigned), P. C. More- head, James Glasgow. Fourth Ward — C. HKiitK.MnorRii, C. M. Valleau. Fifth Ward— John Whitehill, James H. White. Sixth Ward— Joseph S. Hull, Robert B. Bell. , 1847.— BRYAN MULLANPHY, Mayor. Aldermen: First Ward — George JI.vcvire, Richard S. Blannerhasset. Second Ward— D. D. Page (resigneER.Mi:X AND DELEGATES. VII Delegates : First Ward — Samuel B. PllklnRton, Frederick n, SaiiKiilnelte. Second Ward — C. C. Simmons. Charles Mehl (resigned). Martin Dubbs. Third Ward — DAvin R. Kisi.ky, W. Joshua Owlngs. Fourth Ward — .1. K. Burtls. James Hnm. F'Ifth Ward— Thomas Harsant. W. R. Prilchard. Sixth Ward— Daniel G. Taylor (resigned), Cyrus Spear, John Sexton, Jr. 1S53.— JOHN HOW. Mayor. Aldermen: First Ward— John C. Degenhardt, Samuel B. Pllklngton. Second Ward — Philip B. Relly. Cornelius Campbell. Third Ward— Louis A. Lel)eaume (resigned), David R. Rlsley (resigned), William M. McPherson. Thoophile Papln. Fourtli Ward — Edward C. Blackburn. John Hartnett. Fifth Ward— Thomas J. Bkirxk. Eneas McFaul. Sixth Ward— John W. Thornburgh, Alfred Heacock. Delegates: First Ward — George W. Sherrick. Cii.Mti.K.s W. Gottsch.m.k. Second Ward — Charles A. Clark. John H. Rohlf. Third Ward— Isaac M. Veitch. Charles H. Tlllson. Fourth Ward — James Ham. Franklin Weston. Fifth Ward — Davis Moore. George Kyler. Sixth Ward — Charles W. Horn, James Graham. 1854.— JOHN HOW. Mayor. Aldermen: First Ward— S. B. Pllklngton, C. W. Gottschalk. Second Ward — Cobnki.h-.-; CvMpnELL. Philip B. Relly. Third Ward— Theophile Papin. Daniel G. Taylor. Fourth Ward — Edward G. niackburn. .Ichn Hartnett. Fifth Ward — Eneas McFaul. Norman J. Colman. Sixth Ward— J. W. Thornburgh, Albion T. Crow. Delegates : First Ward— George W. Sherrick. H. J. Hlllsdorf. Second Ward — Charles A. Clarke, Henry Graefenkamp. Third Ward— Isaac M. Veitch, Charles H. Tllson. Fourth Ward — Franklin WcKton, Joshua Houston. Fifth Ward — David Moore, Gloki.k Kvi.ek. Sixth Ward — John Sexton, Jr., John H. Niprnieyer. 1855.— WASHINGTON KING, Mayor. Aldermen: First Ward— C. W. Gottschalk, George W. Sherrick. Second Ward— Philip II. Relly, Henry B. Belt. Third Ward— Daniel G. Taylor, Erasliis Wells. Fourth Ward — E. C. Blackburn (died I. Franklin Weston, John Shore. Fifth Ward — N. J. Coleman, George Kyler. Sixth Ward — J. W. Tiiornbiroii, John Sexton. Jr. Delegates: First Ward— H. J. Hlllsilorf. Christian Staehlin. Second Ward — Henry Graefenkamp, Thcnias .M. Wannell. Third Ward — James F. Small. CiiARi.fs H. Tii.-on. Fourth Ward — Joshua Houston. Jesse W. Heath. Fifth Ward— William S. Cuddy, Charles E. Loring. Sixth Ward — James H. Vall. Benjamin L. VanCourt. VIII MAYORS. ALDERMKN AND DELEGATES. 1856.— JOHN HOW, Mayor. Aldermen: First Ward — Godfrey Schoeiithaler (resigned), Henry C. Lynch, David Bayles. Second Ward — Cornelius Campbell (resigned), Chas. W. Gottschalk, Brannock Jones. Third Ward— C. C. Simmons. William Palm. Fourth Ward — Gkokge R. Taylor. John Kern (died), Amadee Valle. Fifth Ward— Erastus Wells. Charles H. Tillson. Sixth Ward — John Shore. Unit Rasin. Seventh Ward — Patrick Deegan (died), Henry Dusenbury. Eighth Ward— C. D. Colman. George Kyler. Ninth AVard — James Graham. Charles W. Horn. Tenth Ward — Henry Overstolz, Charles R. Anderson. Delegates: First Ward — Henry Olmstead, Henry C. Katz. Second Ward — John H. Amelung. Henry Graefenkamp. Third Ward — Gerhard Schepmann, Thoophile Papin. Fourth Ward — Samuki, Sim.mons. Smith Litchfield. Fifth Ward— John F. Long, C. C. McClure. Sixth Ward — Jesse W. Heath (resigned), Augustus Pomeroy, Edward S. Wheaton. Seventh Ward — W. S. Bachmann. C. Tiernan. Eighth Ward — John C. Vogel, Davis Moore. Ninth Ward— William McKee, Robert Grahan. Tenth Ward— Andrew Getty, Daniel McGill. 1857. — JOHN M. WIMER, Mayor. Aldermen: First Ward — Henry C. Lynch, L. Babcock. Second Ward — John H. Fisse, Brannock Jones. Third Ward— C. C. Simmons, R. N. Renick. Fourth Ward — Geougk R. Taylor. Amadee Valle. Fifth Ward— Charles Tillson, Erastus Wells. Sixth Ward- John Shore, C. C. McClure. Seventh Ward— Charles G. Stifel, E. M. Powers. Eighth Ward — C. D. Colman, George Kyler. Ninth Ward — James Graham, Charles W. Horn. Tenth Ward — Charles R. Anderson, John Sexton. Delegates : First Ward — James Gorman, Henry Olmstead. Second Ward — Theophile Papin (resigned), Thomas S. Nelson, William D'Oench. Third Ward— E. P. Tony, J. H. Graefenkamp. Fourth Ward — Samuel Simmons (resigned), Fred Buschman, Sol. J. Levi. Fifth Ward— A. D. Pomeroy, John W. Burd. Sixth Ward— James H. McClure, Thomas R. Axtell. Seventh Ward — Thomats J. Dailey, Robert Kinnear. Eighth Ward — John C. Vogel, Davis Moore. Ninth Ward — William McKee, Conrad Doll. Tenth Ward — Felix A. McDonald, James R. Dobyns. 1858- OLIVER D. FILLEY, Mayor. Aldermen: First Ward— L. Babcock, Thomas Allen. Second Ward — Brannock Jones, F. W. Cronenbold. Third Ward— R. M. Renick, J. H. Graefenkamp. Fourth Ward — Amadee Valle, John G. Shelton. Fifth Ward— Erastus Wells, Charles Tillson. Sixth Ward— S. W. Adreon, C. C. McClure. Seventh Ward— Thomas J. Dailey, F. W. Corbitt. Eighth Ward— Geohge Kyler, John C. Vogel. Ninth Ward — Charles W. Horn. Patrick Gormau. Tenth Ward — John Sextoo, James Doyle. MAM IKS A.Mi Ilir.NCII.MKN. I \- DeleB.ates: First Ward — Frederick Hohenschildt, Uoiiry Almstedt. Second Ward — Thomas S. Nki.sun, J. G. Vogel. Third Ward — Philip H. Bishop. William Horlne (resigned), George Bayha. Fourth Ward — Sol. J. Levi. Ira Stout (reslKned). John Young. Fifth Ward— Bernard Platte, Jr., Peter Ames. Sl.\th Ward— James S. Wllgus. Dwight DurUee. Seventh Ward — John J. Wllshusen. Jesse W. Heath. Eighth Ward — Davis Moore. Horatio Wood. Ninth Ward — Daniel McGill, Caspar Stolle. Tenth Ward — James R. Dobyns, Nicholas Hatch. 185^— OLIVER D. FILLEY. Mayor. Councllmen: First Ward — Thomas Allen, Henry Kayser. Second Ward — F. W. Cronenbold, Thomas S. Nelson. Third Ward— J. A. Graefenkanip. Theophile Papln. Fourth Ward — J. H. Shelton (resigned), Gcoitoi: R. Tavlob, John H. Andrews. Fifth Ward— Charles H. Tlllson, Erastus Wells. Sixth Ward— S. W. Adrcon, Dr. S. II. Uurnett. Seventh Ward — Francis H. Manter, Casper H. Holthaus. Eighth Ward — John C. Vogel. George Kyler. Ninth Ward — Patrick Gorman (resigned), Caspar Stolle, John Rellly. Tenth Ward — James Doyle, John Se.Mon, Jr. I860.— OLIVER D. FILLEY, Mayor. Councllmen: First Ward — Henry Kayser (resigned), Thomas C. Chester, Joseph H. Locke. Second Ward — Thomas S. Nelson, F. W. Cronenbold. Third Ward— Theophile Papin (resigned), G. W. Dreyer, P. A. Ladue. Fourth Ward — Jotham nigelow, John H. Andrews (resigned), Thos. Burke. Fifth Ward— Erastus Wells, Joseph H. McBrlde. Sixth Ward — Dwight Durkee. S, W. Adreon. Seventh Ward— F. H. Manter. J. W. Crane. Eighth Ward — George Kyler. John C. Vogel. Ninth Ward — Caspar Stolle, Isaac T. Greene. Tenth Ward — John Sexton, Jr. (resigned), L. W. Mitchell, Thomas M. Speers. 18C1.— DANIEL G. TAYLOR, Mayor. Councllmen: First Ward — Thomas C. Chester, J. Gabriel Woerner. Second Ward — F. W. Cronenbold, Thomas S. Nelson. Third Ward— G. W. Dreyer, John F. Thornton. Fourth Ward — Thomas Burke. Robert M. Funkhouser. Fifth Ward— Josei)h H. McBrlde, Erastis Wklls. Sixth Ward— o. W. Adreon, Dr. S. B. Burnett. Seventh Ward — J. W. Crane. Earl Matlack. Eighth Ward — John C. Vogel, Robert Thornburgh. Ninth Ward — Isaac T. Greene. Patrick DrlscoU. Tenth Ward— L. W. Mitchell, Thomas M. Speers. 18C2.— DANIEL G. TAYLOR. Mayor. Councllmen: First Ward — J. Gabriel Woekner, John C. Rust. Second Ward — Thomas S. Nelson, F. W. Cronenbold. Third Ward— John F. Thornton. G. W, Dreyer. Fourth Ward — Robert M. Funkhouser. Tony Nlederwleser. Fifth Ward— Erastus Wells. John Cairns. Sixth Ward — J. B. Burnett. Joshua Cheever. Seventh Ward — Earl Matlack. Thomas J. Dalley. Eighth Ward— Robert Thornburgh. Charles W. Horn. Ninth Ward — Patrick Drlscoll. Solon Stark. Tenth Ward — Thomas M. Speers. Aaron W. Fagln. X MAYORS, COUNCILMEN AND ALDERMEN. 1SG3.— CHAUNCEY I. FILLEY, Mayor. Councllnien: First Ward — John C. Rust, J. Gabriel Wcerner. Second Ward — F. W. Croxenhoi-d, Cliarles W. Gottschalk. Third Ward — G. W. Dreyer, Hermann Schepman. Fourth Ward — Tony Niederwieser, Henry McKee. Fiftli Ward — John Cairns, Erastus Wells. Sixth Ward — Joshua Cheever, Samuel Plant. Seventh Ward — Thomas J. Dailey, Fred Deeming. Eighth AVard— Charles W. Horn, John Grether. Ninth Ward — Solon Stark, Patrick DriscoU. Tenth Ward — Aaron W. Fagin, Benjamin Charles (resigned), Chas. Sessinghaus (died). 1S64.— JAMES S. THOMAS, Mayor. Councilmen: First Ward — J. G. Wcerner, A. Krieckhaus. Second Ward — Charles W. Gottschalk, Henry C. Gempp. Third Ward — Hermann Schepman, Araadee Valle. P'ourth Ward — A. S. W. Goodwin, Tony Niederwieser. Fifth Ward — Erastus Wells, John Cairns. Sixth Ward — Samuel Plant, Joshua Cheever. Seventh Ward — Jesse W. Heath, Henry Stagg. Eighth Ward — Johx Gretiiee, Charles W. Horn. Ninth Ward— Patrick Driscoll, Daniel McAuliffe. Tenth Ward — Charles Schoenbeck, Charles Borg. 1865.— JAMES S. THOMAS, Mayor. Councilmen: First Ward — A. Krieckhaus, Christopher A. Stifel. Second Ward — Henry C. Gempp, F. W. Cronenbold (resigned), Louis Gottschalk. Third Ward — Amadee Valle, Herman Schepman. Fourth Ward — Tony Niederwieser, A. S. \V. Goodwin (resigned and re-elected). Fifth Ward — John Cairns, Erastus Wells. Sixth Ward — Joshua Cheever, Samuel Plant. Seventh Ward — Henry Stagg (resigned), John O'Brien, Charles F. Walther. Eighth Ward — Charles W. Horn, John Gukthkk. Ninth Ward — Daniel McAuliffe, Patrick Driscoll. Tenth Ward — Charles Borg, Charles Schoenbeck. ISCC— JAMES S. THOMAS, Mayor. Aldermen: First District — A. Kriecldiaus, Isidore Bush. Second District — John F. Thornton, John Finn. Third District— Erastus Wells, M. J. Hartnett. Fourth District — J. Philip Krieger, William Frudeneau. Fifth District— P. Driscoll, H. C. Brokmeyer. Delegates : First Ward— C. August Stifel, August Etling. Second Ward — Louis Gottschalk, Christ Overbeck. Third Ward— Phil. H. Bishop, James R. Lake. Fourth Ward— Peter G. Gerhardt, Elon G. Smith. Fifth Ward — John Cairns, Hampton Woodruff. Sixth Ward — Henry D. Belt, Ewing C. Ketchum. Seventh Ward — R. D. Lancaster, John Houston. Eighth Ward — William Henry, Ed. Herzog. Ninth Ward — James Ashworth, Daniel McAuliffe. Tenth Ward — Robert S. King, Edgar A. Richardson. MAYORS AND COVfJCILMEN. \I 1807.— JAMES S. THOMAS. Mayor. Councilmen: First Ward— August Elling. Second Ward — A. Krieikhaiis, John C. Fink. Third Ward — Charles W. Gottschalk, Henry Anielung. Fourth Ward — George Frlederich, Anthony Ittner. Fifth Ward — Tony Niederwleser, Uavid Powers. Sixth Ward— Erastus Wells, Charles A. Mantz. Seventh Ward — George Babcock, Chas. W. Horn. Eighth Ward— R. D. Lancaster, William Bosbyshell. Ninth Ward — John O'Bkik.v, Sol. J. Quinlivan. Tenth Ward— Patrick Drlscoll, M. W. Hogan. Eleventh Ward — Charles Schoeubeck, H. S. Parker. Twelfth Ward— Charles F. Borg. ISCS.— JAMES S. THOMAS, Mayor. Councilmen: First Ward — August Elling. Second Ward — A. Krieckhaus, F. Cratz. Third Ward— Charles W. Gottschalk. Henry Anielung. Fourth Ward — Anthony Ittner, George Friedrich. Fifth Wanl— Elon G. Smith, David Powers. Sixth Ward — Erastus Wells. Charles A. Mantz. Seventh Ward— James Coff. George Babcock. Eighth Ward— J. .McCord. William Bosbyshell. Ninth Ward — John O'Brien. Sol. J. Quinlivan. Tenth Ward— P. Drlscoll. M. W. Hogan. Eleventh Ward — Charles Schoenbeck, J. M. Jordan. Twelfth Ward— Horace Fox. 1869. — NATHAN COLE. Mayor. Councilmen: First Ward — Archibald Douglas. Second Ward — Fred Cratz. A. Krieckhaus. Third Ward— H. H. Smith. Charles W. Gottschalk. Fourth Ward — F. G. Fitzgerald. George Friedrich. Fifth Ward— David Powers. Elon G. Smith. Sixth Ward — Charles A. Mantz. Samuel Pepper. Seventh Ward — James Coff. Henry C. Yaeger. Eighth Ward — James McCord, William Bosbyshell. Ninth Ward — John O'Brien, Henry Hannibal. Tenth Ward— Patrick Drlscoll, M. W. Hogan. Eleventh Ward — John M. Jordan. William K. Patrick. Twelfth Ward — Samuel B. Stannard. 1870— NATHAN COLE. Mayor. Councilmen: First Ward— Fred. Hill. .Archibald Douglas. Second Ward — A. Krieckhaus. F. Cratz. Third Ward— H. H. Smith. Charles W. Gottschalk. Fourth Ward — George Frietlerlch. George Bain. Fifth Ward— David Powers. Elon G. Smith. Sixth Wanl— Samuel Pe|)per. S. H. Latlln. Seventh Ward- Henry C. '\'aeger. D. B. Gale. Eighth Ward— William Bosbyshell. John O'Brien. Ninth Ward — Henry Hannll>al. John O'Brien. Tenth Ward— .M. W. Hogan. L. S. Bargen. Eleventh Ward — W. K. Patrick. H. Overstolz. Twelfth Ward— Samuel B. Stannard, Henry Sohwaner. XII MAYORS .-VXD COUXCILMEN. 1S71— JOSEPH BROWN, Mayor. Councilmen: First Ward — H. J. Hinsman, Archibald Douglas. Second Ward — A. Krieckhaus, Fred Cratz. Third Ward— Charles W. Gottschalk, J. H. Amelung. Fourth Ward — George Bain, James Tiernan. Fifth Ward — Elo.x G. Smith, Jeremiah Ryan. Sixth Ward — Charles A. Mantz. James Garvin. Seventh Ward— Henry C. Yaeger. D. B. Gale. Eighth Ward — James C. Rogers, John O'Brien. Ninth Ward — Hugh Hawkins, John O'Brien. Tenth Ward — L. S. Bargen, Michael Madden. Eleventh Ward — Henry Overstolz, W. K. Patrick. Twelfth Ward— S. B. Stannard, H. Rechtien. 1872.— JOSEPH BROWN, Mayor. Councilmen: First Ward — A. McHose, H. J. Hinsman. Second Ward — Augustus Krieckhaus, John Pauly. Third Ward — August Koch, J. H. Amelung. Fourth Ward — George Bain, James Tiernan. Fifth Ward — Elon G. Smith, Jeremiah Ryan. Sixth Ward — James Garvin, Lewis V. Bogy. Seventh Ward — Henry C. Yaeger, William Currie. Eighth Ward — John E. Hagerty, James C. Rogers. Ninth Ward — Daniel McAteer, Hugh Hawkins (died). Tenth Ward— Michael Madden, John P. Mullally. Eleventh Ward — Henry Overstolz, William K. Patrick. Twelfth Ward — Herman Rechtien, Samuel B. Stannard. 1S73.— JOSEPH BROWN, Mayor. Councilmen; First Ward — A. McHose, James Meegan. Second Ward — John Pauly, A. Fischer, Sr. Third Ward — August Koch, J. H. Amelung. Fourth Ward — George Bain, James Tiernan. Fifth Ward — Elon G. Smith, James S. Foster. Sixth Ward— Theophile Papin, A. W. Mead. Seventh Ward — Wm. Currie, Nicholas Schaeffer. Eighth Ward — James C. Rogers, John E. Hagerty. Niutih Ward — Daniel McAteer, Thomas Morris. Tenth Ward— John P. Mullally. Michael Madden. Eleventh \Vard — Henry Over.stolz. Wm. K. Patrick. Twelfth Ward— H. Rechtien, L. S. Metcalfe. Thirteenth Ward— S. F. Ransdell, J. J. Schmitt. 1S74.— JOSEPH BROWN, Mayor. Councilmen: First Ward — James Meegan, L. A. Steber. Second Ward — A. Fischer, Sr., Theodore Horman. Third Ward — J. H. Amelung, C. E. Salomon. Fourth Ward — James Tiernan, C. W. Francis. Fifth Ward— James S. Foster, L. J. Clark. Sixth Ward — Theophile P.\pin, Henry S. Turner. Seventh Ward — Nicholas Schaeffer, M. D. Collier. Eighth Ward — James C. Rogers. John E. Hagerty. Ninth Ward — Thomas Morris, John O'Brien. Tenth Ward— Michael Madden, John P. Mullally. Eleventh Ward— Wm. K. Patrick, J. B. Woestman. Twelfth Ward— L. S. Metcalfe, H. Rechtien. MAYORS. COUNCILilEN AND DELEGATES. X 1 | | 1875.— ARTHUR B. BARRET, Mayor. (Died April 23, 1S75. James Britton cloctfa to fill the vacancy.) CouDcilmen: First Ward— L. A. Steber. B. \V. EllinK. Setond Ward — Theodore Herman. A. Klscher. Sr. Third Ward — C. E. Salomon. J. H. Amelung. Fourth Ward — Chas. W. Francis, Wni. Keating. Fifth Ward— L. J. Clark. James S. Foster. Sixth Ward — Henry S. Turner. James L. Patterson. Seventh Ward— M. Dwlght Collier. W. E. Kortkamp. Eighth Ward— J. E. Hagerty. A. J. Geraghty. Ninth Ward— John O'Brien, Thomas Morris. Tenth Ward— John P. Mullally, Michael Madden. Eleventh Ward — J. H. Woestnian, J. H. Pohlman. Twelfth Ward — H. KKrin»;N. Samuel II. Stannard. Thirteenth Ward — Jas. Meegan. P. Leahy. 1876.— HENRY OVERSTOLZ. Mayor. (Declared elected by the council. Fob. 9. 1876. Instead of James H. Britton.) Oouncilmen: First Ward— B. W. Etllng. L. A. Steber. Second Ward — A. Fisher. Sr., Theodore Herman. Third Ward— J. H. Amelung, C. E. Salomon. Fourth Ward — Wni. Keating, Chas. W. Francis. Fifth Ward — James S. Foster, C. A. Spalding. Sixth Ward— Jas. L. Patterson. Geo. H. Loker. Seventh Ward — W. E. Kortkamp. Jno. J. Sutter. Eighth Ward— A. J. Geraghty, John OMalley. Ninth Ward — Thos. Morris. Thomas J. Hennessy. Tenth Ward— Michael Madden. John P. Mullally. Eleventh Ward — J. H. Pohlman. Wm. H. Woodward. Twelfth Ward— S. B. Stannard, D. S. Irons. Thirteenth Ward — P. Leahy, M. J. Brennan. 1877-1881.— HENRY OVERSTOLZ. Mayor. COl'NCII^ — IS77-1S79. JOHN H. LIGHTNER. President. S. D. Barlow, Thomas Foley, John J. O'Brien, George W. Parker, Geo. Rlnkel, Jr., John Rude. 1877-1881 Nicholas Berg, A. L. Bergfeld, Given Campbell (resigned),* Moses Fraley, Edward S. Rowse. William H. Scudder. HOrSK OF DELEGATES— 1S77-1S79. First Ward— A. C. L. Haase. Tenth Ward— Frank Backof. Second Ward— Jos Crawsbaw. Eleventh Ward— A. N. DeMenll. Third Ward— C. A. Stlfel, Twelfth Ward— Patrick Sullivan. Fourth Ward — John McManus. Thirteenth Ward — John Williams. Fifth Ward — J. H. Amelung (resigned). Fourte<>nlh Ward— H. C. Meyer. Philip A. Melnberg. Fifteenth Ward — William U. Ryder. Si-xth Ward— W. C. Van Dillen. SLxteenth Ward— Otto Kulage. Seventh Ward— C. H. Relchman. Seventeenth Ward — A. W. Henry. Eighth Ward— P. Oundlaoh. Eighteenth Ward— Ooorge W. Cpdike. Ninth Ward— E. H. Vor-!'-!-'- n!,,.--.....,.i. u-.r i- ,-.„,r ..i k,.... •Succeeded by Robert M. Harks. XIV MAYORS, COUNCILIIEN AND DELEGATES. HOUSE OF DELEGATES— 1S77-1S79 — Continued. Twentieth Ward — W. F. Cozzens. Twenty-first Ward — W. L. E\vi.\o„ Jr., speaker. Twenty-second Ward — R. L. Jones. Twenty-third Ward — Louis Nolle. Twenty-fourth Ward — P. O'Brien. Twenty-fifth Ward— Richard Markel. Twenty-sixth Ward — A. B. Barbee. Twenty-seventh Ward — Jacob Thorp. Twenty-eignth Ward — Chris. Conrades. HOUSE OF DELEGATES — 1S79-1SS1. First Ward — Michael O'Malley. Second Ward — John G. Haas. Third Ward — John A. Wolfinger. Fourth Ward— John Tighe. Fifth Ward— Ph. A. Meinberg. Sixth Ward — Amos. S. Partridge. Seventh Ward — Paul Young. Eighth Ward — Peter Gundlach. Ninth Ward — Jos. G. M.^riuott, speaker. Tenth Ward — Bernard Donnelly. Eleventh Ward — Geo. Weisenberger. Twelfth Ward— Thos. J. Cornelius. Thirteenth Ward — Henry Ziegenhein. Fourteenth Ward — Fred Siefker. Fifteenth Ward — Wm. B. Ryder. Sixteenth Ward — Frank Hussman, Jr. Seventeenth Ward — G. W. Carmichael. Eighteenth Ward— Thos. R. Garard. Nineteenth Ward — Frank H. Hecker. Twentieth Ward— John J. O'Neill. Twenty-first Ward— E. B. Kirby. Twenty-second Ward — John W. Dunn. Twenty-third Ward — Wm. L. Hickman. Twenty-fourth Ward — Peter Bouchein. Twenty-fifth Ward — Ferdinand Kaiser. Twenty-sixth Ward— A. B. Barbee. Twenty-seventh Ward — Jacob Thorp. Twenty-eighth Ward — Peter G. Gerhart. 18S1-18S5.— WILLIAM L. EWING, Mayor. COUNCU -1S79-1SS3. Alexander N. DeMenil, Edward C. Kehr, N. G. Larimore, Patrick McGrath, Web. M. Samuel and R. T. Tansey. 1S81-18S5. GEORGE W. PARKER, President. Henry S. Parker, Edward S. Rowse, William H. Scudder, Joseph P. Vastiue, Frederick E. Zelle and Henry Ziegenhein. HOUSE OF DELEG.^TES- 1SS1-1SS3. First Ward — A. Thoman. Second Ward — W. V. Rutledge. Third Ward— John A. Wolfinger.' Fourth Ward — James H. O'Brien. Fifth Ward — John H. Amelung. Sixth Ward— William Aston, H. Horst- brink (resigned). Seventh Ward— Fred Zelle. Eighth Ward — Peter Gundlach. Ninth Ward — Jo.shph G. M.\kriott, speak- er. Tenth Ward— Cyrus P. Walbridge. Eleventh Ward — Geo. Weisenburger. Twelfth Ward— Saml. J. Somerville. Thirteenth Ward — Henry Alt. Fourteenth Ward — B. Hoffman. Fifteenth Ward— E. W. Donk. Sixteenth Ward — Frank Hussman, Jr. Seventeenth Ward — Eugene C. Slevin. Eighteenth Ward — Joseph Stern. Nineteenth Ward — Conrad Rose. Twentieth \\'ard— John J. O'Neill. Twenty-first Ward— E. F. W. Meier. Twenty-second Ward — John W. Dunn. Twenty-third Ward— W. L. Hickman. Twenty-fourth Ward — Peter Bouchein. Twenty-fifth Ward — Ferdinand Kaiser. Twenty-sixth Ward — A. B. Barbee. Twenty-seventh Ward — George J. Davis. Twenty-eighth Ward — Louis Schaefer. COUNCIL -1SS3-1SS7. James K. Cummings, Edward Devoy, and Joseph Temple. / Wm. F. Haines, Wm. H. Stone, A. W. Straub HOUSE OF DELEGATES— 1SS3-1SS5. First Ward — Christ. Schawacker. Second Ward — Edward R. Harris. Third Ward — John A. Wolfinger. Fourth Ward — Patrick Brennan. Fifth Ward— Henry Rooke. Sixth Ward — Charles Schoenbeck. Seventh Ward — Frank G. Cossman. Eighth Ward— Peter Gundlach. Ninth Ward — Joseph G. M.^rriott, speak- er, 1S83-18S4. MAYORS. COUNCILilKN AND DKLKGATKS. XV HOUSE OF DELEGATES— 18S3-1885—ContlnueJ. Tenth Ward— F. A. C. MacManus. Eleventh Ward — Louis WaKiier. Twelfth Wind— James M. Sullivan. Thirteenth WanI— Henry Alt. Fourteenth Ward — Geo. H. Drueggemann. Fifteenth Ward — Andrew McAllister. Sl.xteenth Ward — Horace Fox. Seventeenth Ward — Kugene C. Slevln. Eighteenth Ward— J. C. KIchardson. Nineteenth Ward — John H. Terry. Twentieth Ward— Richard Walsh, speak- er. 1XS4-1SS.'). Twenty-first Ward— J. C. Drockmeler. Twenty-second Ward — John W. Dunn. Twenty-third Ward — Nicholas Gates. Twenlyfourlh Ward — I'atrIcK J. Kagan. Twenty-llfth Ward — Ferdinand Kaiser. Twenty-sixth Ward — Wni. Gartenhach. Twenty-seventh Ward — Geo. J. Davis. Twenty-eighth Ward— Thos. J. Cornelius. 1885-1889.— DAVID n. FRANCIS. Mayor. COUNCIL— 1883-1887. GEORGE W. ALLEN, President. James K. Cunimlngs, Edward Devoy, Wni. F. Haines, Wm. H. Stone, A. W. Straub, Joseph Temple. T. P. Hell. Walter J. BlaKely. James Duress, August Frank, Patrick O'.Malley, James A. Seddon, George W. Allen. HOUSE OF DELEGATE.S— 18S3-1SST. First Ward — Peter R. Morrlssey. Second Ward — Patrick Monahan. Third Ward— John Vogel. Fourth Waid — Charles D. Keenan. Fifth Ward— George Wenzlick. Sixth Ward — Charles Schoenbeck. Seventh Ward — Christopher Fischer. Eighth Ward— Peter Gundlach. Ninth Ward — Joseph G. Marriott. Tenth Ward— John Waters. Eleventh Ward — Louis Kohlbry. Twelfth Ward— James M. Sullivan. Thirteenth Ward — Hk.nkv Ar.r. speaker. Fourteenth Ward — Geo. H. Brueggemaun. Fifteenth Ward — Edward P. Fox, speaker. Sixteenth Ward — Julius Lehman. Seventeenth Ward — J. J. Coakley. Jr. Eighteenth Ward — Monroe R. Collins, Jr. Nineteenth Ward — William Hammersleln. Twentieth Ward — P. H. O'Neill. Twenty-llrsl Ward — J. C. Urockmeier. Twenty-second Ward — John R. Rolfes. Twenty-third Ward — Ernest Oberbach. Twenty-fourth Ward— H. A. Pishon. Twenty-fifth Ward— John Wuebold. Twenty-sixth Ward— William Gartenbach. Twenty-seventh Ward — Thomas G. Kaye. Twenty-eighth Ward— E. F. Stone. COUNCIL— 1887-1S89. B. Bell, W. J. Blakely, Nelson Cole, Chas. D. Comfort, James Duress, August Frank, John J. Ganahl, L. S. Metcalf. N. O. Nelson. Patrick OMalley. Phil. Rohan. John Vogel. HOUSE OF DELEGATES- lSS7-l Grand 364. i .Main 3777. j Sidney 2302 R i .Main 2767. 1 Lindell 44S. j Wm. J. Brennan. Frank Weeke . . . Herman Gevers . . S. B. Stannard . . John J. O'Brien. . tVm. H. Langdale Dllve 711. . Main 2388 Frank Hussey . . . . John P. Wollett. .. Herman W. Fay . . James F. Connell . Jas. T. Brennan. . V'incent McSiiane. Dwight F. Davis. . 605 Talcott Avenue. . 5200 McKlssock Ave 3607 N. 9th Street. . 1401 X.lOth Street. 815 N. 9th Street. . . 820 Walnut Street. 03 S. 2nd Street. . . 13 01 S. Broadway. . 1820 Menard Street. 51 S. 7th Street. 3636a S. Jefferson Av 402 W. Schlrmer. 2131 Russell Avenue 2618 Eads Avenue . . . . 2348 -Adams Street. 1510 Franklin Ave. 1910 N. 14th Street-. 2221 Benton Street. 621 N. 14th Street. 4210 N. Grand Ave. 1521 X. Jefferson Av nil N. Corapton Av. 3516 Lawton Ave.. 3903a Folsora Ave . . 3904 Hartford Street 3972 Morgan Street. 4041 Easton Avenue 5142 Welts Avenue. 38 Westmoreland PI/- 23 N. Broadway. . 17 N. Broadway. . 5 X. 9th Street.. 3 Walnut Street.. 1 S. 2nd Street. .. 01 S. Broadway.. 20 Menard Street 81 S. 7th Street.. Foot of Osceola and Texas. 04 Ivory N. 10th Street. 214 Chamber of Com 2216 Clark Avenue. 1510 Franklin Ave. Military Hall. 2400 >J. 12th Street.. 308 Cass Avenue. 621 N. 14th Street 3rd and Pine Sts. . 2625 Cass Avenue. 2315 Olive Street. 3516 Lawton Ave . . Am. Tobacco Co.. 222 Walnut Street. Waters-Pierce on Co 4041 Easton Avenue 315-316 Fullertonbld 19 N. 4th Street.. Central 96B7I. Cen. 4071 Cen. 9556L Central 98001. Central 2201L Victor 460 Victor 907 f Cen. 4670 I Cen. 888 j Cen. 6101 I Victor 540L Cen. 3192R Cen. 4296 j Cen. 2550 ) Cen, 1543 Cen. 6964 Cen. 6944 Cen. 6256 Cen. 956SR Cen. 6829 Cen. 6481 Cen. 545 Delmar 2641 Cen. 4523 BOARDS OF PUBLIC IMPROVEMENTS. XXI BOARD OF PUBLIC IMPROVEMENTS. 1877-1879. HENRY FLAD President. JOHN W. TURNER Street ConimlssloQer. TMOS. ,1. WHIT.MAN Water Commissioner. ROBERT .MOORE Sewer Commissioner. •CHARLES ^PFEn^^FER | Harbor and Wliarf CommloSioner. EUGENE WEIGEL. . . .' Park Commissioner. Emoky S. Fo.stku, Secretary. tReslgncil July 10. 1S7S. 'CJualillod July 11. LSVS. 1879-1883. HENRY FLAD •. President. JOHN \V. TURNER Street Commissioner. THOS. J. WHITMAN Water Commissioner. tROBERT .MOORE. ) o /-. • . •WM WISE i Sewer Commissioner. iCHARLES PFEIFFER Harbor and Wharf Commissioner, EUGENE WEIGEL Park Commissioner. Ejiory 8. Foster. Secretary. tReslsned .A.pril 30. ISSl. •QunllHcd May 3. issi. JDIed Feb, 17, 1.S.S3. 1883-1887. HENRY FLAD President JOHN W. TURNER Street Conunisslouer. THOS, J, WHIT.MAN Water Commissioner, ROBERT E. Mc.MATH Sewer Commissioner. JOHN .\LT Harbor and Wharf Commissioner KIT.RXK WEIGEL Park Commissioner. E.MoitY S. FosTEK, Secretary. . President. 1887-1891. •HENRY FLAP. tGEORGE BURNET, i tJOHN W, TUHNKK. . GEORGE BUItNET. I , Street Commissioner. M. J. MUKl'MV. ) M. L, HOLMAN Water Commissioner. ROBERT E. .McMATH Sewer Commls-sloner. ••M, J, MURPHY. ) ,, , , ,.., , ^ I DW -vni F Harbor and W harf Commissioner, ' RICHARD KLEMM Park Commissioner. E.MUKY S. FoBTKK, Secretary, •I{.sl(tn.-d Mny 7, 1S90 •Quallflod .!il(rnod SopK-mbpr 24. 1890. ilt.sl(cn.-d October 23, 1888. ;i«