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Hn By i pee coc eeheneest . ne ee ee .. : migteSert teees Sp tee te ete UNIVERSITY OF ILLINOIS LIBRARY Volume 352.071788 Sa250% jgyz -. Me im ar the ea +" er hed He prbet Wale ay Be A t ia ie aond Me “ie 7 Wi"; : PP eT eae AN vi haa, a wh f Digitized by the Internet Archive ‘in 2022 with funding from University of Illinois Urbana-Champaign Alternates https://archive.org/details/revisedcodeofstl0O0sain re a ny : Ree act iy VU ys Dy a THE REVISED CODE OF Sie Lous (GENERAL ORDINANCES.) BEING REVISING ORDINANCE NUMBER 22902, APPROVED MARCH 19th, 1907; ‘SUPPLE- MENTED BY AN APPENDIX CONTAINING THE GENERAL ORDINANCES ENACTED BETWEEN THE DATE OF SUBMISSION TO THE ASSEMBLY OF THE REVISING ORDINANCE IN SEPTEMBER, 1906, AND THE CLOSE OF THE LAST SESSION IN APRIL 1907. 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" SPECIALDY), (APREICABLES TO StHEs Chhy yor ST. LOUIS, AND THE BOs AND FEDERAL CONSTITUTIONS; ALSO A TABLE OF MAYORS, ALDBRMEN, COUNCILMEN AND DELEGATES OF THE CITY OF ST. LQUIS FROM ITS EARLIEST ORGANI- ZATION IN 1823 TO! HE PRESENT TIME, AND THE PRESENT ELECTIVE AND APPOINTIVE OEBICERS OF THE:CITY “AND \ HEIR CHILE FRASS ITS VANAS:. All Published by Authority of the City of St. Louis as Set Forth in the Notice of Authentification Appearing Herein. BY WILLIAM F. WOERNER, OF THE ST. LOUIS BAR. ST. LOUIS, MO.: SAM’L F. MYERSON PRINTING Co., 1907. N. O. G, PREFACE: In accordance with the periodical revision of the general ordinances re- quired by the Charter, the preliminary ordinance 22046 (supplemented by or- dinance 23110) authorized the preparation of ordinance 22902, to be known as “The Revised Code of St. Louis,” containing all ordinances of a general na- ture; and it was provided that in conjunction therewith there should be pub- 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 preliminary ordinance, in September, 1905, and in September, 1906, submitted to the Municipal Assem- bly the completed work, including in ordinance form the bill in revision, which subsequently became ‘The Revised Code,’ as well as the annotated Charter, «. “Scheme and State Laws specially applicable to St. Louis. 4 o> The ordinance in revision remained pending in the Municipal Assembly from its submission in September, 1906, until March 19, 1907, when it was finally approved and became ordinance number 22902, or “The Revised Code of te LAist: Since many laws and ordinances had been enacted and decisions rendered in the interim between the submission of the work to the Assembly and its pas- sage and approval, the work (in accordance with supplemental ordinance 23110), 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 Appendix, and references to these late amendments, laws and decisions were made in appropriate places throughout the work. The contract for printing of the entire volume was let and begun in May, 1907, to be completed the following October. In the 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 departure might otherwise have been considered) for the reason that City officials and others using these 20b6b82 volumes (many of whom are not lawyers) have 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 . «THE REVISED CODE OF ST. LOUIS” City of St. Louis, Office of the Register, October 9, 1907. I, the undersigned, Register of the City of St. Louis, do hereby certify that in pursuance of the Charter of the City of St. Louis Article three, Section 29, was “duly enacted ordinance 22046 approved June 20, 1905, providing for the Re- vision of the General Ordinances of the City of St. Louis, being as follows, to-wit: An ordinance to provide for the revis- ion 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 and 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. Be 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- petent lawyer whose duties it shall be to revise the general ordinances of the City of St. Louis and prepare and submit to the Municipal Assembly 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 the same is completed and said re- vised ordinance legally adopted by the Municipal Assembly 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 revision of the general ordinances of the city there shall be published the Constitu- tion of the United States, the Constitution of the State of Missouri and all. statutes of the State of Missouri specially appli- cable to the City of St. Louis. There shall also be published in connection with said laws and ordinances a table of the Mayors, Aldermen, City Council and Mu- _ nicipal Assembly, as far as_ practicable, from the beginning of the City Govern- ment to and including the present time, which information shall be prepared by the reviser 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 said revised ordinance shall be properly classified and arranged alphabetically with proper head notes and catch words, which revised ordinance when so com- pleted shall be styled ‘‘The Revised Code OLE SU uOULS 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 Tive. 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 ordinance 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 five thousand dollars, payable out of an ap- propriation to be made for that purpose, upon the certificate of the Mayor that the said work has been properly done in accordance with this ordinance; and the 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 be paid said reviser and com- piler as aforesaid; and the sum of four thousand dollars for the printing and pea es of fifteen hundred copies of said work. Section Bight. The Auditor is hereby directed to draw his warrants upon the Treasurer in not exceeding.the amounts and for the purpose above specified upon duly certified vouchers being presented therefor. Approved June 20, 1905. And thereafter was enacted ordinance 23110, approved July 9th, 1907, supplementary ‘to said former ordinance, and providing for an appendix there- to, and being as follows, to-wit: An ordinance to provide for the prepara- tion of an appendix in connection with the Revised Code of St. Louis, which is to contain a collation of general ordi- nances and of laws applicable to St. Louis, 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 for the print- ing thereof with the Revised Code, and making appropriations therefor. Be it ordained by the Municipal As- sembly of the City of St. Louis, as fol- lows: Whereas, the Revision of the General Ordinances of the City of St. Louis and eollation of laws specially applicable to St. Louis and the 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 the 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 hundred and two, approved March Ninth, Nineteen Hundred and Seven, and, Whereas, during said interval between 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, be included in said Revised Code, nor the compilation and annotations in connection therewith, because 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 Code Of (ol. LuOULS 1S sprinted. = so; as toy brine the same as nearly as practicable to the, present date, now, therefore, be it’ or- dained as follows: Section One. The Reviser of the General Ordinances appointed in pursuance of the provisions of ordinance twenty-two thou- sand and forty-six, to perform the duties and work therein required, is hereby di- rected and authorized to prepare 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 far 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 Revised 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 by 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-two thousand and forty-six, approved June twentieth. nineteen hundred and five, 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 duly certified vouchers being produced therefor. Approved July 9, 1907. And in pursuance of said ordinances was duly 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, as therein purported; and also is published the appendix thereto containing the general ordinances enacted after the submission to the Assembly of said revising ordinance, and down to the close of the session of the Municipal Assembly of 1906-1907, to-wit: April, 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. a SEAL KH In Testimony WHEREOF, I have hereunto set my hand, and affixed the seal of the City of St. Louis, this 9th day of October, 1907. PATRICK J. REGAN, Register. aoe, ORSCONTENTS. Authentification to Revised Code PREEEX. Wem NeC LY Ce LUTTE tates eos) ec tatok Ghee er US ald webs a a's DRT oee Ce etn Ga A te eis aye nye abr ck eR lg west ale Grae « BGO eo etitseiOl OLR VLISSOUTT | x ahe ary even os hie eC et eee RELA RMR OIUONE Vote DSC ATIC ENG Sasa enla Tait anche Cel ce todd Secs eomnis i est OL WMLISSOUTI(: BA) Aten cc hale bes wee e ok nee TNGONMANELELO. - is ee ee Be Vices A Nea NER AEM 0 ALG sal ap ee een ti a PART T. "State Statutes specially applicable to the City of St. Louis erm LOC) ei mreenaern steed Sere Ss. a) JUNE AUR Raya Se UM a eae CONG LEE qe TST Ya aN BIE ane Se ay I Buna EN ict ey Or Abe nL PAR Erbe Reece cn cine Loti Of St. VOUS... 90s arenes Love eke The Scheme for the Separation and Reorganization of the City Pee cin yaOros tn LAiise( armotated fixe Jo. ee veaintene ieee «ees [S58 GS. (al! SS a lo PR ae eee RCSL, Sem MRT Ane AL eamderer Gl tie City Of st. batis, Caniotated)) . ook he's cu. . er het yey wey eh nee ee Mee eet eal Aa eo PART ITI. iterkevised) Goda orien Jonuis (annotated) roo oie en as Miessneretor(anciuding Append: oic. lcccuay acs yaad ys PART IV: MMC ata tee sae ha CLC aint. eek Yi a pene Meta by Vlas! ois aa ese ass ADDENDUM. Table of Mayors, Aldermen, Councilmen and Delegates CS EARS ORS. SEL SS ike Cae Aeon Mt ear RED eel SN aL Directory of the present members of the Municipal Assembly TE fo a OR Sie al Bova ara ire eer aS aes a ee oe Table of Boards of Public Improvements (1877-1907) ........ PE Renemema OOM LEL SCT VMOLICIAS «id. 5.4 betie'dls 2 vis wtecs vee «9s Present chief assistants to department heads..... ety ACA 264-278 279-286 289-461 463-542 543-1130 1165-1326 1131-1164 < ue a ee Wee" CONSTITUTION —OF THE— IND ED SOFA TES VOR AMERICA: CONTENTS: PREAMBLE. Objects of the Constitution. ARTICLE I—Of the Legislative Power. SECTION i > see es 10. ARTICLE II—The xecutive Power. Legislative powers, where vested. House of Representatives, how and by whom chosen—qualifications of a Representative — representatives and direct taxes, how apportioned —census—vacancies to be filled— power of choosing officers, and of impeachment. . Senators, election and term of—how classified—State executive to make temporary appointments in case, etc.—qualifications of a Senator— President of the Senate, his right to vote—President pro tem. and other officers of the Senate, how chosen—power to try impeach- ments—when President is tried, chief justice to preside—sentence. Times, etc., of holding elections, how prescribed—one session in each year. Powers of each House—expulsion— journal and yeas and nays—time of adjournment limited, unless, etc. Compensation—privilege from arrest and for speech—disqualification in certain cases. House to originate all revenue bills —veto—bill may be passed by two- thirds of each House, notwithstand- ing, etc.—bill not returned in ten days—orders, resolutions and votes. General powers of Congress. Limitations of the powers of Con- gress—migration—habeas corpus— bills of attainder, ete.—taxes—no export duty—no commercial prefer- ences—no titular nobility—officers not to receive presents. Limitations of the powers of States. SECTION 1. bo co President and Vzrce-President, their term of office—time of choosing electors—who may be elected Pres- ident—in case of the removal, etc., of the President, his powers de- volve on Vice-President—Presi- dent’s compensation—his oath. President to be commander-in-chief —power of pardon—of making treaties—of appointment—to fill vacancies, when. President shall communicate to Con- gress—may convene and adjourn Congress, when-——shali receive am- bassadors, execute laws and com- mission officers. Of. removal of officers by ment. impeach- SECT as 9 ae ARTICLE III—The Judiciary. ION Judicial tion. Judicial power, to what cases it ex- tends—original and appellate juris- diction of Supreme Court—of trial for crimes, where. Treason defined— proof ment of. power, tenure, compensa- of—punish- ARTICLE IV—Miscellaneous Provisions. SECT 1; 3) oo ARTI a5 coro ION Credit to be given to public acts, ‘ete., of every State. Privileges of citizens of each State—- fugitives from justice to be deliv- ered up—persons held to. service, having escaped, to be delivered up, Admission of new States—of the ter- ritory of the United States. Republican form of government guaranteed to the several States. ALLEL Hues Constitution, how amended—proviso. ARTICLE VI. Of the public debt—supremacy of the Constitution—treaties and laws of the United States—oath to sup- port Constitution, by whom taken —no religious test. ARTICLE VII. Ratification. AMENDMENTS. CLE Religion, establishment of prohibit- ed—freedom of speech, of the press, and right to petition. Right to Keep and bear arms. No soldier to be quartered house, unless, etc. Right of search and seizure regu- lated. Provisions concerning prosecutions, trials and punishments—private property not to be taken for public use, without, etc. Trial in criminal cases; of a defendant. Trial in civil cases. Excessive fines, ete., prohibited. Rights resefved. Powers reserved to the people. Judicial power—limitation of. Manner of electing President Vice-President. Slavery prohibited. Citizenship defined — apportionment of representation, etc. Elective franchise. in any the rights State or and 2 CONSTITUTION OF THE UNITED STATES OF AMERICA. 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. OF 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, how 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, which shail 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. Senators—election 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 fill 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 pro 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—presiding 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. Judgment 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. CONSTITUTION OF THE UNITED STATES OF AMERICA. 3 Sec. 4. Election of Senators and Representatives—sessions of Congress.— - The times, places and manner of holding 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. Qualifications of members—judges of, quorum.—Each house shail be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum 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. Rules of proceedings—contempts, expulsions.—Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member. Journals—yeas and nays.—Each 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. Adjournments.—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. Compensation of members—privileges.—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. Ineligibility 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 person holding any office under the United States shall be a member of either house during his continuance in office. Sec. 7. Revenue Bills—where to originate.—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 proceedings thereon.—Every bill which shall have passed the House of Representatives and the Senate shall, before it become a law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it with his objections to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the congress by their adjournment prevent its return, in which case it shall not be a law. Orders, resolutions and votes—President’s approval, veto.—Every order, reso- lution or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States, and, before the same shall take effect, shall be approved by him, or, being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill. Sec. 8. Powers of Congress.-—The Congress shall have power: To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States; To borrow money on the credit of the United States; To regulate commerce with foreign nations, and among the several States, and with the Indian tribes: 4 CONSTITUTION OF THE UNITED STATES OF AMERICA. To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies, 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 promote 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 for 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 shail 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 importation 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 public safety may require it. Bills of attainder and ex post facto laws.—No bill of attainder or ex post facto law shall be passed. Capitation and direct taxes.—No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to he taken. Taxation on exports—Commercial 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; nor shall vessels bound to or from one State be obliged to enter, clear or pay duties in another. Appropriations of public money—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 no person holding any office of profit or trust under them shall, without the consent of the Congress, accept of any present, orate office or title, of any kind whatever, from any king, prince or foreign state. Sec. 10. Limitations of the powers of states.—No State shall enter into any treaty, alliance or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility. CONSTITUTION OIF THE UNITED STATES OF AMERICA. 5 No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts laid by any State on imports or exports 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 imminent danger as will not admit of delay. ARTICLE II. OF THE EXECUTIVE. Section 1. President and Vice-President—term of office, election of.—The executive power 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 appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of Senators and Rrepresentatives 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 respective States, 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. ] [This clause has been superseded by the twelfth amendment. ] Time 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. President’s qualifications.—No person, except a natural born citizen, or a citizen of the United States at the time of the adoption of this constitution, shail 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. Vacancy in office of President.—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 foi- lowing oath or affirmation: “T 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 United States.’’ Sec. 2. Powers and duties of President.—The President shall be commander- in-chief of the army and 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 thint 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—extends 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; to 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; between 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 credit shall be given in each State to the public acts, records and judicial proceed- {ngs 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. oa: 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. CONSTITUTION OF THE UNITED STATES OF AMERICA. fi Fugitives from justice.—A person charged in any State with treason, felony or other crime, who shall flee from justice and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up to be removed to the State having jurisdiction of the crime. Fugitives from service or labor.—No person held to service or labor in one State, under the laws thereof, escaping into another, shall in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due. Sec. 3. Admission of new States.—New States may be admitted by the Con- gress into this Union; but no new State shall be formed or erected within the jurisdiction of any other State, nor any State be formed by the junction of two or more States or parts of States, without the consent of the Legislatures of the States concerned as well as of the Congress. Government of United States—territory and property.—The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States or of any particular State. Sec. 4. Guaranty to each State of a Republican form of government.—The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion, and, on application of the Legislature or of the executive (when the Legislature cannot be convened), against domestic violence. ARTICLE V. Amendments to Constitution.—The Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or on the application of the Legislatures of two-thirds of the several States, shall call a convention for proposing amendments, which in either case shall be valid to all intents and purposes as part of this Constitution, when ratified by the Legislatures of three-fourths of the several States, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress: Provided, That no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate. ARTICLE VI. Debts prior to adoption of Constitution.—All debts contracted and engage- ments entered into before the adoption of this Constitution shall be as valid against the United States under this Constitution as under the confederation. Supreme law of the land.—This Constitution and the laws of the United States which shall be made in pursuance thereof, and all treaties made or which shall be made under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the Con- stitution or laws of any State to the contrary notwithstanding. Oath to support Constitution of United States—no religious test for United States office.—The Senators and Representatives before mentioned, and the mem- bers of the several State Legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound, by oath or affirma- tion, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States. ARTICLE VII. Ratification of Constitution.—The ratification of the conventions of nine States shall be sufficient for the establishment of this Constitution between the States so ratifying the same. Done in convention, by the unanimous consent of the States present, the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven and of the Independence of the United States of America, the twelfth. In witness whereof, we have hereunto subscribed our names. GEORGE WASHINGTON, President. Attest: WILLIAM JACKSON, Secretary. AMENDMENTS TO THE CONSTITUTION. PROPOSED BY CONGRESS, AND RATIFIED BY THE LEGISLATURES OF THE SEVERAL STATES, PURSUANT TO THE FIFTH ARTICLE OF THE ORIGINAL CONSTITUTION. ARTICLE I. Religious liberty—freedom of speech—right of petition.— Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. : ARTICLE II. Right to bear arms.—A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be in- fringed. ARTICLE III. Quartering of soldiers.—No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in a manner prescribed by law. ARTICLE IV. Unreasonable searches, seizures, etc., prohibited.—The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. ARTICLE V. Rights of persons accused of crime—right of property, etc.—No person shail be held to answer for a capital or otherwise infamous crime unless on a present- ment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against ~ himself, nor be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use without just compensation. ARTICLE VI. Criminal prosecutions—speedy trial, etc.—In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. ARTICLE VII. Trial by jury in civil actions.—In suits at common law where the value fn con- troversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of common law. AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES. 9 ARTICLE VIII. Excessive fines, etc., prohibited.—Excessive bail shall not be required, nor ex- cessive fines imposed, nor cruel and unusual punishment inflicted. ARTICLE IX. Rights retained by the people.—The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. ARTICLE X. Powers reserved to the State or people.—The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. ARTICLE XI. Judicial power—limitation 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 sub- jects of any foreign State. ARTICLE XII. Election of President and Vice-President.—The electors shall meet in their respective States and vote by 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 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. 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 person 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 neces- sary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. ARTICLE XIII. Section 1. Slavery prohibited.—Neither slavery nor involuntary servitude, ex- cept as a punishment 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. ARTICLE XIV. Section 1. Citizenship—rights of citizens—due process of law and equal pro- tection of the laws.—All persons born or naturalized in the United States and sub- ject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any State deprive any person of life, liberty or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. 10 AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES. Sec. 2. Apportionment of Representatives.—Representatives shall be appor- tioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice- President of the United States, Representatives in Congress, the executive and judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age and citi- zens of the United States, or in any way abridged, except for participation in re- bellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. Sec. 3. Disqualifications to hold office——No person shall be a Senator or Representative in Congress, or elector of President or Vice-President, or hold any office, civil or military, under the United States or under any State, who, having previously taken an oath as a member of Congress or as an Officer of the United States, or as a member of any State Legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have en- gaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each house, re- move such disability. Sec. 4. Public debt.—The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave, but all such debts, obligations and claims shall be held illegal and void. Sec. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. ARTICLE XV. Section 1. Elective franchise.—The rights of citizens of the United States to vote shall not be denied or abridged by the United States, or any State, on account of race or color, or previous condition of servitude. Sec. 2. The Congress shall have power to enforce this article by appropriate legislation. INDEX TO THE CONSTITUTION OF THE UNITED STATES. A ACTS— records and judicial proceed- ings of each State entitled to faith and credit in other SPA LOS eee cae iste hers Kes AMENDMENTS— to the Constitution, how made APPOINTMENTS— to be made by the president.. APPORTIONMENT— of representatives ditto Amendments APPROPRIATIONS— DMR Water des hot ey are eke ae hoe cls a Bie we ee Perea se eae Te to raise and support right of the people to keep AaNOU DEAT. at. set Amendments ARTS AND SCIENCES— LORDCTDLOMOLCO a re ee oe ee ASSEMBLE— people may ATTAINDER— bill of, prohibited to congress prohibited to the States...... of treason shall not work cor- ruption of blood or forfeit- ure, except during the life of the person attainted........ oe bets Amendments B BAIL— excessive, not required...... BaeY caceeeetedel ce 6 oe Amendments BANKRUPTCY LAWS— LOM Can LDLTT £O DIN eae tes ees Fee BILLS— for raising revenue shall orig- inate in the house of repre- sentatives before they become Iaws shall be passed by both houses and approved by the presi- dent, or, if disapproved, shall be passed by two-thirds of each house not returned in ten days, un- Plat ww eee) a6) «ele wf Rte Ke Cus OCLC Le C66 6 em! Che ee me less an adjournment inter- vene ecnall. ber laws. ae. BORROW MONEY— CME ETB INIA, Volos he va Yall al, te ee hs cS CAPELLA LION LA Xx—— AODOLCIONMENS Ola eee ee CENSUS— or enumeration, to be made CVELVA LON SV CALS eet seis ec eres CITIZENS— of each State shall be entitled to the privileges and immu- nities of citizens in the sev- eral States of the United States, who are Amendments of the United States not to be een Oi OS a, 8 Pee. We RIE 6 ore A161 RS we ene &)' S16) 6. 6. a O6 abridged in privileges, etc., by any State...Amendments CLAIMS— no prejudice to certain....... CLAIMS of the United States, or of the several States, not to be pre- judiced by any construction of the Constitution......... COASTING TRADE— regulations respecting a ee Art. Sec. 4 1 5 of 2 2 1 2 14 2 1 9 1 8 it 8 2 at 8 1 it 9 1 10 3 3 8 1 8 1 7 a 7 1 7 1 8 1 9 1 2 4 2 14 1 15 1 4 3 4 3 1 3 COINS— eign COMMERCE— congress to regulate. 2 2% %, 35... regulations respecting, to be ClowpesMineze eke! Abbaphwenm cel wi wie res oe COMMISSIONS— to be granted by the president COMMON LAW— Ree e aes and established. Amendments SM Be 26 60 16) 6.5676. 16 6 06 6 6 hk 6 & SS P28 SOE: ale. Big CONGRESS— Vested with POWer,. «. >... a-++-: may alter the regulations of State legislatures concerning elections of senators and representatives, except as to place of choosing senators.. shall assemble once every year officers of government cannot be members of may provide for cases of re- moval, death, etc., of presi- dent and vice-president..... may determine the time of choosing electors of presi- dent and vice-president..... may invest the appointment of inferior officers in the presi- dent alone, in courts of law, or the heads of departments. may establish courts inferior toy thessupLremMmes courte... 2... may declare the punishment of treason may prescribe the manner of proving the acts and records Otes CACHES CA EC ee cee fate chee a to assent to the formation of new States Le Ce Pe Brae eee, wl dts Asy c- «m2 1e)) 8 ows \e Sixw.@ 0 GU je) nue le 6 «: 6) es &: "9 may propose amendments to Constitution or call a con- WEIN CLO Deere artes at aoke's 6 lem) aces LOollay_ and, collectsaquties:. 4... COMDOTRTO Ws TOD GC Veer tere doin ued onan to regulate commerce........ to establish uniform laws of bankruptcy and naturaliza- LIOT Pee ne ost eeteytals Steno ss to coin money, regulate the value of coin and fix a stand- ard of weights and measures to punish counterfeiting...... to constitute tribunals inferior ta the Suprenie, COUrt. . ses to define and punish pirates, felonies on high seas and of- fenses against the laws of nations to establish post-offices and post-roads to authorize patents to auth- Ors wanaeuin ven tOLSs 2.6. 6 =..)- to declare war, grant letters of marque and make rules concerning captures to raise and support armies.. to provide and maintain a navy to make rules for the govern- ment of the army and navy to call out the militia in cer- tain cases to organize, DUN Se mill Cisse si terse eal to exercise exclusive legisla- tion over seat of government to pass laws necessary to car- ry the enumerated powers into effect Sees Oe & be Rua 6 oye e 2, e's 66 Se BO. 6. S06, EP 1S Oe SS) S BCT ee elt. 6 € Sm Cen Ow 606 46" © arm and disci- Fas Set TS 678 26.8 8g S618 Art. Sec i 8 1 8 1 9 2 3 7 1 i 1 4 if 4 1 6 2 1 2 zi 2 2 3 il 3 3 4 1 4 3 5 1 1 8 1 8 if 8 1 3 1 8 1 8 aL 8 1 8 1 8 1 8 1 8 1 § 1 8 1 8 1 8 il 8 1 8 1 8 12 INDEX U. CONGRESS—Continued. to dispose of and make rules concerning the territory or other property of the United SCAtESier wae arene eben Pelee Maye Ventorce seart. pec ll LaesoL amendment by appropriate legislation .... Amendments may remove disabilities aris- Ine Ou. Of S participations ain: rebellion .....-Amendments mayo Cnrorce arte wow lL VieoOL amendment by appropriate legislation ....Amendments may enforce’ art. XV © of amendment by appropriate legislation .....Amendments president may convene and adjourn, in certain cases.... CONSTITUTION— how amended laws and treaties declared to bey the supreme? laws ne. rendered operative by the rat- ification of nine States..... CONTRACTS— no law impairing to be enact- ed. Dy was State ates waco aes CONVENTIONS— for proposing amendments to the constitution COUNTERFEITING— congress to provide for the DUNIShNVEN tO Lees terete COURT, SUPREME— its original and appellate jur- isdiction COURTS— inferior to the supreme court may be ordained by congress inferior to the supreme court may be ordained by congress CRIMES— 6s hel Fare a dole! 6B Le Ce persons accused of, fleeing from justice, may be de- TAT GEG cists tens tere Ne ete nko ata eh CRIMINAL PROSECUTIONS— proceedings in case of....... Amendments © Uo Olle ao. 8) le, le eae) © Be Olan DEBT, PUBLIC— validity of not to be ques- tioned. sec ese Amendments DEBTS— against the confederation to DEO Val Tie vtec teeta on recone incurred in aid of rebellion, and claims for loss of slaves, ileal ande vod. acer ket ata ese ena uate cya ts Amendments DISABILITIES— incurred by reason of partici- DaALionwinyrepDelion ves seen a leschatabeu aks! tale eta sce te Amendments DUTIES— to be laid by congress, and to be uniform further provision respecting... cannot be laid by the States.. on exports prohibited........ on imports and exports i posed by States shall inure to the treasury of _ the Winitedestatesmenc mice cee Oh Sta e, 6 alae jm sa. 8) sen a, 6 ELECTIONS— of senators and representa- tives shall be prescribed by the States qualifications and returns of members of congress to be determined by each house.. ELECTORS— of president and vice-presi- dent, how chosen and their duties alterations as to.Amendments to vote the same day through- out the United States....... no senator or representative, or public officer, shall serve ERO Cotas Thee PES concer iy Tulle Cone (016, falas! 06 8 9," e ere, 6 Le @! @ ele: 0) 16,6 6, elma qe ea) aie Fe) ole) Art. Sec. 4 3 ile} 2 14 3 14 5 15 2 2 3 5 1 6 1 7 a 1 10 5 il 1 8 3 2 1 8 3 4 2 3 2 6 14 4 6 1 14 4 14 2 a 8 ib 9 1 10 il 9 1 10 1 4 xf K 2 1 5 Wr ae 24 1 2 1 S. CONSTITUTION. ELECTORS—Continued. disabilities for position of.... re Mioey y Vakuelameme a onts Amendments ENUMERATION— SVELrV ECEMWY CATS th ac ces tercheracheNs EXECUTIVE POW ER— vested in ae president president) EXPORTS— not TOwhbegtaxednrivcac wrote and imports, States prohibited from Jayinge Guties One ee). EX POST FACTO LAW— none shall “be: passed. wie. + else Drohibitedy toe Staves aie) a (see 0) (0) @ 6 je) 6) BiG 6) 0) he we, 9) oe EF FINES— excessive, “prohibited... +s. > Sibriscia of stab oho ers wane ene Amendments FUGITIV ES— from justice to be delivered up from service may be reclaimed lal HABEAS CORPUS— writ of, can only be suspend- ed in cases of rebellion or invasion Art. Sec. 14 3 1 2 2 1 1 9 1 10 1 9 1 10 8 4 2 + 2 1 HOUSE OF REPRESENTATIVES— (see representatives. ) IMPEACHMENT— to be brought by house of rep- resentatives i. geo weenie tried ‘by thetsens tepraeeaeareen judgment on all Civil ‘oTfiicerss lia blew tor... IMPORTATION OF SLAVES— not, Drohibitedeuily us see INVOLUNTARY SHERVITUDE— prohibited except as punish- ment for crime. Amendments J © le: fee: of ete ee else 19) eo ee Lm JUDGES— shall hold their offices during good behavior their compensation JUDICIARY— tribunals inferior to supreme court may be created JUDICIAL POW ER— vested in a supreme court and court inferior pOWwersPote thesgudiciary s..... restrictions as to suits against a Stater sake eon Amendments JUDICIAL PROCEEDINGS— of each State are entitled to faith and credit in every RO ee LST ae CR Ry AY RO Se arte ere JURY TRIAL— secured and shall be held in the State where the crime shall have been committed... further regulated. Amendments secured in suits at common law where the value in con- troversy shall exceed twenty dollars Amendments L Ce | 6 se (ol ele a9! 0 Peres. ¢ < @ oe (ea a, 6) 6 LAW— what is declared the supreme. common, recognized and es- tablishedseavr.ci Amendments LAWS— president to see them faith- LUI DIVE XCCULEO aye siths aie ae teiee ince LEGISLATIVE POWERS— vested in congress—see Con- gress. LOANS— AULCROLLL Va LOmiie Cee ctr reat t M MARQUE AND REPRISAL— Letter sod mite often texte he ete ease « MILITIA— LOUD CCALICG SO Ute areca tiers antl ai" ae to be officered by the State.. to be commanded by the pres- ident © 0 6 6 @r 6 6/610 ¢ (0 ‘e)-0 6) © 6-6 #0) elapse lop ie™) ite} we CO'OO DS —s— 9 Nore - b coo 060 lo INDEX TO U. S. CONSTITUTION. MILITIA—Continued. their right to keep and bear arms secured...Amendments MONE Y— shall be drawn from the treasury only by appropria- LION Lewes ee Fe ea eR cle aes congress to coin and regulate VAI LOL a © PDOTTO Wir ize ste Spe Mey ewer Neb eGenee CORALS Bory canara ieee N NATURALIZATION— UNTO MN Tas Ol seer. crehe ert ace NAV Y— tabelaaegel: to provide and gov- NOBILITY — titles of, shall not be granted by thevwinited (States 7. ss. NOT Melee me ULACES weal se coca cberate OATH— O Of SDPFESIDGN Us a seis sco eta Nets tos OFFENSES ASaAINSCMaAWwu.OL Nations. 4. 11. presatht may grant pardons, Ctr sere atl hte eee ance Sie aeie no person to be put twice in jeopardy .Amendments Cie DUCE OI CErStrcr cus ean ss OF FICH— who ineligible for member of CONS TOSS eeer tetas Miedo e sie senator or representative not eligible for other office, VEY OT Spee Passe rete et atea Bat ht alles ge holder of, not to accept pres- ent or emolument' from LOTCI LN KIN Sy ROLCes clsyre e wrehere term of president and vice- DVSSTOST UA sis creeper ne, oie eee, eres who precluded from office of PUGCUCOL Mier lersvc.c sat emarane: coe. ee /starere vacancies, when filled by pres- LET CMe Gttuhebe o.cihotio nas Pots oeie' commissions to expire at end of next session of congress, NACI tas fois hover Lemay elie a fohe ce ote he who ineligible as_ senator, representative or elector, OlLCM aye cata setae Amendments OF FICERS— of the house of representa- tives shall be chosen by the NOUSOr ete Elite toor eco suet oe of the senate shall be chosen DYGACIIGMIS CNS Corry uleielel seks ieee he civil, may be removed by im- peachment ORDER— of one house requiring the concurrence of the other.. SS) 10) 6. die 6 # CBee > 6 '@ 10) oe PARDONS— P presiadentamay, STanvtccw. vane. PATENTS— to be granted to inventors.. PHRSONS— : held to service or labor, their importation or migration into the United States may be Drouibiced eaLter V1LS0S). fone escaping from one State to another shall be delivered up to those entitled to service. PETITION— raha Me piec # cy apace Amendments PIRAC Y— congress to prescribe punish- TEGUGLOU ah wes. yaaa cake de eye eel ane POST-OFFICES AND POST- OADS— establishment of POWERS— not delegated to congress nor prohibited to the States are reserved ....... Amendments legislative—see congress. executive—see president. Judicial—see judicial. PRESENT from foreign powers to Sal bia officers prohibited ... Se ele a POUR Sie Oe. © Art. Sec. 2 1 9 1 8 1 0 10 Bo 2 :60> bo wo -*~* &F © nr ~~ Ww bd co ewe PRESS— TYECOOM TOLs os oes Amendments PRESIDENT OF THE UNITED STATES— vested with the executive power shall be chosen for four years how elected same CL LTEOUN EE Cee GL OTe NOT a err eretetaraiihe ae « who will act in case of vacancy COMDCT SELIG MnO l pes « eal cts tank shall take an oath of office.. 2.8 6 G.008 4 « 6 6 a) Be 8 ee may be removed by impeach- TVET Ceteet coke Meteo eevee tire 6 telares commander of army, navy and pat Ells Iho) BDV Owe, yey AAS Prep ree rd CP ewer at eas may require the written opin- ions of the heads of depart- THC TUS ee ore Ciees cael siete lets vette ales te may reprieve and pardon..... may make treaties with the consent of the senate....... may appoint to office with the consent of the senate....... shall fill up vacancies happen- ing during the recess of the SQN AUG Mel isvedeh suiie lerebe elstelene locdvayous shall give information to con- gress and recommend meas- UIT OSMES era 7 ah een cn eae eee may convene both houses, or CliLHEreNOUSEIG 2 ee ce eberd see Rheks may adjourn them in case of disagreement shall receive ambassadors and public ministers shall take care that the laws be faithfully executed ..... shall commission all officers.. PRIVILEGES— and immunities of members of oe Ba « ws ete, 6 « ws > 8 ae. 6) & o @ 6) 9 0 <)'e COMP TESS ee Fed etece ete ee naaies RE Car (See cttizens; also ts.) PROPERTY — congress to provide for care of Dis Gea etal ao chevaies spot av eveuchel oer cka's shall not be taken for public ORS without just compensa- TIOD hes alee Eee Amendments PUNISHMENTS eruel and unusual, prohibited SP Ae ace ala tol aia s Amendments Q QUARTERING— OLELGQODS?) f crecwe ae Amendments QUORUM— for business, what shall be a.. of States in choosing a presi- dent by the house of repre- sentatives REBELLION— disabilities incurred by reason OLeValcigi Pavlos k de joie 13 Art. Sec. 1 2 1 a 1 2 1 12 NA Zz 1 2 ib 2 1 2 1 2 4 2 2 2 2 2 2 2 2 2 2 2 2 2 4 2 3 2 3 2 3 2 3 2 3 ft 6 4 3 5 8 1 5 2 1 14 3 1 9 4 1 1 6 BE 2 1 2 1 2 14 3 1 2 14 2 1 2 1 2 1 2 1 5 1 5 SULA allo ia okelvc yal itie’ aris Amendments RECEIPTS— and expenditures, accounts of, LOL De DAL DILSIEG cio desl sy eres tee RECORDS— how to be authenticated...... RELIGION— no law to be made prohibiting ETEEMCKROLCISGH.O Leet. ao ols ae SRebalohe: banter eteaee ene Amendments religious test not required... REPRESENTATIVES, HOUSE OF— composed of members chosen every second year.......... qualifications of voters... . qualification of members..... tre ovatehe emer t Amendments BDDOFLIONMeNnt, CL es ka kas a apportionment of.Amendments vacancies, how supplied...... shall choose their officers.... shall have the power of im- TCG CHING Cie, ores whens ie ae ik cet shall be the judge of the elec- tion and qualifications of its MEIN DOTS. ahs oelatdes nee eas what shall be a quorum...... 14 INDEX “TO ‘U.S. REPRESENTATIVES—HOUSE OF— Continued. Art. Sec. any number may adjourn, and compel the attendance oOffabsentecsieet joe eee 1 5 REPRESENTATION— basis of, when reduced....... iniekete le rasercial eVemebens Amendments 14 a REPRIEPVES- — granted by the president..... 2 2 Ss SENATE AND SENATORS— how chosen, classed and terms OL VSETVICCLTS. cee eset te Rees 1 3 qualifications of senators..... 1 3 a Rovenehe tone ate tere te ere Amendments 14 3 vice-president to be president OLMth Cera Acs heat aatetetes ote ars 1 3 shall choose their officers.. 1 3 shall be the judge of the elec- tion and qualifications of its MeEMbDELS te yoke Meee wes 1 5 what number shall be a quo- PUI ecco ae ee ate Seal ena ctetehe 1 5 any number may adjourn, and compel the attendance of ab- SENTECECSUAN A. shee ie oe euareistess anaes 1 5) may determine its rules...... 1 5 may punish or expela member 1 5 shall keep a journal and pub- lish the same, except parts requiring Secrecy es. +s sue e kn ik 5 shall not adjourn for more than three days, nor to any other place, without the con- sent of the other house..... 1 5 one-fifth may require the yeas ANGSNAY,S weer eee ieee siete il 5 may propose amendments to bills for raising revenue.. 1 7 Snallotevanimpeachmen tse. 1 3 effect of their See on impeachment Tate ctaabeatnety eke 1 3 compensation to be. ascer- tained Pbyeula wee eee ie 1 6 privileged from arrest........ 1) 6 not questioned for any speech Or (AEDAtCHiscr sie eke os tl etelaue 1 6 shall not be appointed to office 1 6 senator shall not be elector. 2 al SENATORS AND REPRESENTATIVES— elections of, how prescribed. 4 SERVITUDE, INVOLUNTARY— prohibited, except as punish- ment for crime.Amendments 13 1 SLAVERY— not to exist within the United States or any place subject to their jurisdiction. Cea Busters ere aheemee Amendments 13 1 SLAV ES— their importation may be pro- hibitedeatter TUS Sie. 4 ene it 9 escaping from one State to an- other may be reclaimed..... 4 2 SOLDIERS— not quartered on citizens..... Ey ahha Saget lerenetenets Amendments 3 SPEAK HR— lalonyigexolaleisieral Gb Span Soe asec il 2 SPEECH— freedom of... 3... Amendments 1 STAT E— every, guaranteed a republic- an form of government pro- tected by United States..... 4 4 STATES PROHIBITED FROM— entering into treaty, alliance Or confederation io. seo iF 10 granting letters OTe Mmacduerl. st et 10 COINIMNS WM ONMe yar later ann ae 1 10 emittine’ billsvof ‘eredit. © 2): 1 10 making anything a tender but gold and Silv.eracoina wi ett i 10 passing bills of attainder, ex post. facto laws, or laws im- pairing contracts Raielate Medes il 10 granting titles of nobility. 1 10 laying duties on imports and EXDOLTES craic ces eee melons ae veneers 7 i 10 laying duties on tonnage. 1 10 keeping troops or ships of war in time? of Deace.)esitiea: 1 10 CONSTITUTION. STATES PROHIBITED FROM— Continued. Art. Sec. entering into any agreement or contract with another State or foreign power..... 10 engaring ein wwate, eee ak 1 10 denying or abridging the right Of“ citizens MtomyvOLte mae a ee A ER yokes oes eae Amendments 15 1 STATHES— new, may be admitted into the Un LON iiloe. crate ett eee eee eh eee 3 may 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- COTN EA Wwe dors cieten arene ee one 4 3 STATE JUDGES— bound to consider treaties, the Constitution and the laws under it as supremes....... 6 SUITS AT COMMON LAW— proceedings in...Amendments 7 F SUPREME COURT— (See courts and judiciary.) A TAX DIRECT— according to representation. 1 2 shall be laid only in propor- LlIOnUVlLOMCeNSUS ee cee 3 TAX— OnSLEXPOFGLSs pro ni pl Leder mare if 3 THNDER— what shall®bera sleoa laren. ee 1 10 TERRITORY— or public property, congress may make rules concerning. 4 3 THST— religious, shall not be required 6 TITLES— (See nobility.) TITLE— from foreign State prohibited 1 9 TREASON— AEHNCA eA ite alee ede eee eee 3 3 two witnesses or confession necessary for conviction.... 3 punishment of may be pre- SCripbed. bys CONSTeESSecen i nae 3 TREASURY— money drawn from only by BpPDLrOPLiA LON ieee cee eee be 1 9 TREATIES— HOW Mad cima ce eee ee 2 2 the SUDTrEemewl awn eee eerie 6 ne Statess Can enorme mals Carnes 1 10 V VACANCIES— happening during the recess may be filled temporarily by CHew Presiden tae. eee cheer: 2 2 in representation in congress, OWesTLILE dace ae ere ere eee 2 VETO OF THE PRESIDENT— effect of and proceedings on. 1 7 VICH-PRESIDENT OF THE U. S.— to be president of the senate. 1 3 NOWBelected rer eu etek aoe 2 i how elected...... Amendments 12 ay shall in certain cases dis- charge the duties of presi- eU onal Man Ler meaty ht A a ae Me 2 i may be removed by impeach- TNL OTUC Mahou te cis chan hoeace dirt. 4 VOTE— of one house requiring the concurrence of the other.... 1 7 W W AR— GONE TessMLORGeCGlATG Rein yriae 1 g W ARRANTS— for searches and _ seizures, a and how they shall is- Soiclis, abe shale, fae Amendments 4 WITNESS — in criminal cases, no one com- pelled to be against himself A Ah Pcie hah ion Amendments 5 WEIGHTS AND MEASURES— Standardlobownn.: . pe ereeree 1 8 Y YEAS AND NAYS— enterel on journal..... Peeteh. alte 1 5 ACT OF ADMISSION OF MISSOURI AN ACT TO AUTHORIZE THE PEOPLE OF THE 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. 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 designated, 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 thirty-six 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 the said meridian line, to the intersection of the parallel of latitude which passes 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: (a) 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 (Ct. Charles, three representatives; from the county of Franklin, one representative; from the county of St. Louis, eight representatives; from the county of Jefferson, one representative; from the county of Washington, three representatives; from the county of Bie Genevieve, four representatives; from the county of Madison, one (a) The territory now covered by the of June 7, 1836, annexed to the State of counties of Andrew, Atchison, Buchanan, Missouri. As to the boundaries of the Holt, Nodaway and Platte, known as the City of St. Louis, see Scheme Sec. I; also Platte purchase, was by act of Congress Charter Art. I, Sec. 2. 16 ACT OF ADMISSION OF MISSOURI. representative; from the county of Cape Girardeau, five representatives; from the county of New Madrid, two representatives; from the county of Wayne, and that portion of the county of Lawrence that falls within the boundaries 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- seribed 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 to 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 people. 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 United 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 thefollowing propositions be and the game 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 obligatery 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 right 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 five per cent of the net proceeds 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- 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. TAL 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, 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 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, 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 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. use of such seminary by the said Legislature: Provided, 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 under the authorityoftheState,whetherfor State, county or township, or any other purpose whatever, for the term of five years from and after the day of sale; and further, 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. (0b ) 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. 8. And, be 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 always, 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. (d) Edwards v. Lesueur, 132 Mo. 410. state and county officers were chosen and (c) In pursuance of the provisions of the state government organized. I’rom this act, members of the convention were elected to form a constitution and state government. They assembled at St. Louis on the 12th of June, 1820, and determined that it was expedient to form a constitu- tion and state government, and having ac- cepted the five propositions offered by the sixth section of the above act, passed an ordinance, which was finally signed on the 19th ,of July, 1820. A constitution was formed whereby the boundaries mentioned in the second section of the above act were ratified, and a new state established by the name of the State of Missouri. Agreeably. to the seventh section of the above act, an attested copy of the consti- tution was transmitted to Congress. Un- der this constitution, in August, 1820, the people held a general election, at which this cause the records of the state dat- the admission of Missouri into the union from August, 1820. A resolution was in- troduced in congress for the unconditional admission of the State into the Union, as had been the uniform course in reietion to other new states. This resolution was, however, defeated; and finally, 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 time against the right of congress to impose it, and on the 10th of August, 1821, the President of the United States issued his proclamation an- nouncing the acceptance by this state of the condition. ORDINANCE OF ACCEPTANCE. AN ORDINANCE DECLARING 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 EIGHT 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. 1. School lands. 5. University lands. 2. Salt springs and six sections adjoining Propositions accepted. each. Proviso in favor of confirma- Lands exempt from taxation. tions to individuals. Modification of proposition concern- 8. Funds for roads and canals. ing tax on lands proposed. 4. Lands for locating permanent seat of This ordinance irrevocable without government. 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 people 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 township for 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 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 right whereof now is, or hereafter shall be, confirmed or adjudged to any individual or 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 five per cent of the net proceeds 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, shali be reserved for making public roads and canals, of which three-fifths shall be ap- plied 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. F Fourth, That four entire sections of land be, and the same are _ hereby granted to said State for the purpose 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 Legislature aforesaid may select, on any of the public lands of the United States: Provided, 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 ORDINANCE OF ACCEPTANCE. 19 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 Tuis Convention, 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 pursuance 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 United States from and after the first day of January next, shall remain exempt 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: Provided, nevertheless, That if the Congress of the United States shall consent to repeal and revoke the following clause in the fifth proposition of the sixth section of the act of Congress before recited, and in 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 remain 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 people 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 United 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 nineteenth 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: WM. G. PETTUS, Secretary. () Agreeably to the compact formed university lands have been designated and between the United States and the State mostly disposed of. of Missouri, the school lands mentioned in the first proposition have been appropri- ated to the use of common schools. rhe salt springs and lands adjoining have been selected and disposed of. The lands for the location of the seat of government have been selected and appropriated. ‘he Congress, by an act approved June 10, 1852, consented to such a modification of the compact with this State as to permit the State to impose a tax or taxes upon all lands sold by the United States in tne State, from and after the day of such sale. ADOPTED BY A VOTE OF THE PEOPLE, OCTOBER 30, 1875. CONSTITUTION OF THE Si OF evils s Own WENT INTO OPERA- TION, NOVEMBER 320, 1875. CONTENTS. PREAMBLE. SECTION Constitution established. 22. Criminal prosecution, right of ac- : cused. ARTICLE I—Boundaries. 23. No self-crimination, nor twice in SECTION jeopardy. 1. Boundaries of the state—yjurisdic- 24. Bail allowed, when. SECTI i. Co tion. ARTICLE II—Bill of Rights. ON Origin of political power. Right to regulate internal affairs, and to abolish existing form of government. Missouri a free and independent state—right of local self govern- ment. The object of constitutional govern- ment. Religious liberty and freedom of conscience guaranteed. Religious worship. No aid or preference given to churches. Religious corporations’ established under a general certain real estate. Elections to be free and open. law may hold Courts shall be open to every per- - son. Security from searches and seizures. Indictment and information con- eurrent remedies in criminal prosecutions. Treason defined—corruption of blood. Freedom of speech allowed—truth of publication may be given in evidence. a post facto laws, and laws making irrevocable grants of special privileges, forbidden. No imprisonment for debt, except, when. Right to keep and bear arms. Officers must devote their time to the duties of their offices. Collectors andreceivers, not eligible to office, when. Private property taken for private use—for public use. Private property taken for public use—compensation. 25. Excessive bail and fines, and cruel punishments, forbidden. 26. Writ of habaes corpus shall not be suspended. 27. Military subject to civil power. 28. Trial by jury—grand jury to con- sist of twelve men.’ 29. Right of petition and remonstrance guaranteed. 30. Due process of law. 31. Slavery and involuntary . servitude forbidden. , 32. Reservation of rights. ARTICLE IIlI—The Distribution of Powers. SECTION 1. Powers divided into three depart- ments. ARTICLE IV—Legislative Department. SECTION 1. Vested in general assembly. REPRESENTATION AND APPORTION- MENT. 2. Time of electing representatives— ratio of apportionment. Division of counties into representa- tive districts. Qualifications of representatives. Thirty-four senators — senatorial districts. 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 of senators and rep- resentatives. 11. The present senatorial districts. Da oF Ww CONSTITUTION OF THE STATE OF MISSUURI, 21 SECTION 12. Senators and representatives cannot hold another office—certain of- ficers not eligible. 138. ag oli of residence vacates of- ce. 14. Writs of election to fill vacancies. 15. Oath of office, refusal to take, pen- alty for violation of. 16. Pay of members 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. Style o1 laws. Laws to be passed by bill—amend- ments. Bills, where to originate—amend- ments to be read on three differ- ent days. Bills to be printed. Bills to contain but one subject. Amendments to be engrossed and printed. Proceedings when bills are returned amended. Final vote on a biil. Vote on amendments and reports of committees. Reviving and re-enacting laws. Amendments by striking out and inserting words. Motion to reconsider. When laws shall take effect. Bills to be signed by presiding of- reported upon and ficers, objections to be disposed of. Bills presented to governor for ap- proval. Proceedings when a bill is returned without approval. Failure of governor to perform duty, bill to be enrolled as an au- thentic act. Revising the laws. Each house shall publish a journal —yeas and nays demanded, not- ing names of absentees. LIMITATION ON LEGISLATIVE POWER. Revenue to be paid into treasury— order of appropriations. Power of the legislature to create debts and liabilities limited. State’s credit cannot be pledged— one exception. Grants of public money prohibited, except in case of public.calamity. Municipalities cannot lend _ their credit nor become stockholders. Extra allowance to officers and payment of unauthorized con- tracts porhibited. Subscriptions by the state pro- hibited. State lien on railroads not to be re- leased. Corporation indebtedness shall not be released. Payment of the war debt. Special legislation prohibited—spe- cial acts may be repealed. Notice of application for the enact- ment of local laws. Business of extra session. Seat of government to remain at Jefferson City. ARTICLE V—Executive Department. Roars ce Pee eae Executive officers, dence and duuies. Terms of office—when elected— certain officers ineligible as their own successors. Returns of elections for executive officers—tie, how determined. The supreme executive power. Quaifications of governor. Duties of governor, generally. Governor may call out militia and command them. Pardoning power. Governor shall give information to general assembly—may call extra sessions. Governor’s messave—to account for moneys and furnish estimates of expenses. Vacancies in office, how filled. Bills presented to governor for ap- proval. Governor may object to a portion of a bill. Resolutions to be approved—effect of resolutions. Qualifications and duties of lieuten- ant-governor. Lieutenant-governor to act as g0ov- ernor, when. President of the senate—other per- sons to act as governor. Pay of lieutenant-governor. Qualifications of executive officers. Seal of the state to be kept by sec- retary of state. Duties of secretarv of state. Accounts and reports of executive officers, penalty for false report. Commissions of officers. Pay of executive officers—fees to be paid into state treasury. Contested elections of executive of- ficers. place of resi- 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, cae of office of judges—chief jus- ice. 5. Quorum, number of judges, their duties. 6. Qualifications of judges of supreme court. 7. Full term of judges to commence, when. 8. Termof present judges, elections to fili 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 OTLBCOUT TE 155 “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 certi- fied to court of appeals. 20. Cases triable within what time. 21. Records of supreme court at St. Louis and St. Joseph. 22. Jurisdiction anu terms of circuit court. 23. Superintending control of circuit court. 24. Judicial circuits—may be changed, ete.—one judge to each. 22 aos 26. 27. CONSTILUTION OF THE STATE OF MISSOURI. Election, terms of office and duties of circuit judges. Qualifications of circuit judges. Circuit court of St. Louis county— appellate jurisdiction of court of appeals. Provisions for additional judges. When judge of neighboring circuit may preside. Election of judges—ties tested elections. Criminal courts. Vacancy in office of judge. Salaries of judges not to be creased or diminished. Probate courts, jurisdiction of. Jurisdiction—practice clerks of probate courts. County courts, judges of. Justices of the peace. Writs and prosecutions in name of state—conclusions of indictments. Clerks of courts. Election of clerks, ties and contests. Removal of judges for disability. Provision as to existing courts. Publication of judicial decisions. May be published by any person. and con- in- jurisdiction and CONTSTITUTIONAL AMENDMENT 1884. be oe 3. 4 o1 1 oo 10. ina CONSTITUTIONAL AMENDMENT 1; 2 3. 4 on St. Louis court of appeals, extended jurisdiction. Kansas City court of appeals, estab- lished, terms, jurisdiction, judges. Court of appeals, additional may be established. Kansas City court of appeals, first judges, appointment and election. Supreme court, exclusive appellate jurisdiction of. When court of appeals cases may be certified to Supreme court. Cases now pending in supreme court transferred to Kansas City court of appeals. Supreme court superintending con- trol Tot: Kansas City court of appeals, court room and officers. Judges of courts of appeals, aries, how paid. Constitution, inconsistent provisions rescinded. sal- 1890. Supreme court, two divisions. Appointment of judges, election terms, divisions, chief justice. Assignment of causes, practice, opinions, issue of writs. Judges equally divided, transfer cause, Divisions when. Repeal of inconsistent provisions. number of judges, of to be dispensed with, ARTICLE VIiI—Impeachments. SECTION ab; 2. Who liable and for what causes, Trial of impeachments, punishment. ARTICLE VIII—Suffrage and Elections. pete eee cree DHOOO-] BoP wDwrH 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 disqualified. Contested elections generally. Persons convicted of crime. United States soldiers not to vote. Aliens, etc., cannot hold office. {‘ ARTICLE IX—Counties, Cities and Townes. 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. 5. Liability of new counties. 6. Becoming stockholders, etc., pro- hibited—provision as to existing subscriptions. (a Orzvanization sand classification of cities and’ towns. 8 Township organization—justices of county court. 9. Abandoning township organization. 10. Sheriffs and coroners. 11. Vacancy in office of sheriff and coroner, 12. Fees of county officers. 13. Fees of officers generally—dquar- 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. LOUIS. 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. 25. 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. lla. Special road tax levy authorized. 12. Limitation on municipal indebted- ness. 12a. Indebtedness for waterworks, etc., in certain cities. 3. Private property cannot be sold for municipal debts. 14. 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. Pal Dues from corporations on their capital stock. 26. Certificates of indebtedness—levy to pay interest on. Kaci “e ROD DATO CO ee SECTI He Co bo “1M 1 pa bed 0000 26. 27. CONSTITUTION OF THE STATE OF MISSOURI. ARTICLE XI ON Free schools for persons between ages of six and twenty years. Custody of school fund—certain dis- tricts not entitled to any portion of funds. Schools for colored children. Board of education. State university. Public school fund. Deficiency in public school fund. County school fund. Investment of public school fund. Investment of county school fund. Funds shall not be used for relig- ious or sectarian purposes. Education. ARTICLE XII—Corporations. ON Existing unorganized corporations. To be crated, etc., by general laws. Forfeited charters. Right of eminent trials. Subject to police power of the state. Election of directors. Not to engage in other business— holding real estate. Increase of stock and indebtedness. Individual liability of stockholders. Preferred stock. “Corporations” defined. domain—jury RAILROADS. Discrimination prohibited—commu- tation tickets. Construction, connected with other roads—to receive freight from other roads. Are public highways—laws to pre- vent discrimination. To keep a public office and books— meetings and reports of directors. Property liable to execution. Parallel lines, shall not consolidate nor be managed jointly. Consolidation with foreign panies. Laws in favor of, and imposing a new liability on the people. Street railroads. Benefit of future legislation. Officers not to be interested in busi- ness of company. Discrimination between companies and individuals. Granting free passes to public of- ficers prohibited. com- BANKS. No state bank shall. be created— state shall not own stock in banks. Laws creating banks to be submit- ted to the people. Receiving deposits after bank is in- solvent. 23 ARTICLE XIII—Milita. SECTION. a ~] Oe OTH Co bo ARTICLE XIV—Miscellaneous sey Persons liable to military duty. Organization of militia. Election of officers. Volunteer companies. Militia privileged from arrest. Appointment of officers by the gov- ernor. Public arms and military records. Provisions. ON Public lands—lands of the United States exempt from taxation— taxing non-residents. Prosecutions for acts done under military authority forbidden. Dueling—the offender cannot hold office. Officers of the United States not eligible to state office. Present officers to remain in office. Oath of office generally. Removal for misdemeanor in office. Fees not to be increased nor term of office extended. Appointment of officers. Lotteries prohibited. Investigation by grand jury. Legislators provileged from arrest —freedom of debate. ARTICLE XV—Mode of Amending 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. 38. Existing county and probate courts. 4. Criminal courts. 5. Courts of common pleas. 6. Existing officers to continue. fe sd aus returnable to Jefferson ity. 8. Provision for payment of bonded debt. 9. Constitution to be submitted 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 MISSOURI. {[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 first sentence. | ARTICLE II. BILL OF RIGHTS. In order to assert our rights, acknowledge our duties, and proclaim the prin- ciples on which 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. [Same 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. {8ame in substance as Const. 1865, Art. 2, Sec. 5.] 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 government—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. 1865, 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 serying 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. [Same as Const, 1865, Art. 1, Sec. 9 J 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. 1865, Art. 1, Sec. 10.] a. For boundaries of the City of St. Louis see Charter Art. I, Sec. 2 and annota- tions thereto; Scheme Sec. ARTIOLE IL. | CONSTITUTION OF STATE OF MISSOURI. 25 Sec. 7. Religion, State must not aid church.—That no money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect or denomination of religion, 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. [First clause new. Last clause same in substance as Const. 1865, Art. 1, Sec. 11.] Sec. 8. Religious 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. rConst. 1865 limited quantity of land to five acres in country and one acre elsewhere. Art. 1, Sec. 12.] Sec. 9. Elections must be free and open.—That all elections shall be free and open; and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage. [Same in substance as Const. 1865, Art. 1, Sec. 14.] Sec. 10. Courts of justice must be open.—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. [Same in substance as Const. 1865, Art. 1, Sec. 15.] Sec. 11. Freedom from search and seizure, requisites of warrant.—That 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. [Same as Const. 1865, Art. 1, Sec. 23, except words “reduced to writing.’’] 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. 1865, Art. 1, Sec. 24. Section as amended, adopted in 1900.] 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 aid and comfort; that no person can be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on his confession in open court; that no person can be attainted of treason or felony by the General. Assembly; that 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; and when any person shall be killed by casualty, there shall be no forfeiture by reason thereof. [Forfeiture for treason under Const. of 1865, Art. 1, Secs. 25 and 26. Second and last clauses of above section not in that instrument. ] Sec. 14. Freedom of speech, press—libel, truth in justification.—That no law shall be passed impairing the freedom of speech; that every person shall be free to say, write or publish whatever he will on any subject, being responsible for all abuse of that 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. 1865, Art. 1, Sec. 27.] Sec. 15. Ex post facto laws, etc., prohibited.—That no ex post facto 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 |The clauses “for making any irrevocable grant of special privileges or immunities,’ and “‘by the general assembly” are new | Sec. 16. No imprisonment for debt.—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. 1865, Art. 1, See. 24.] Sec. 17. Right to bear 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. [Const. 1865, Art. 1, Sec. 8, modified. ] 26 CONSTITUTION OF THE STATE.OF MISSOURI. [ART. 1I1.] 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. 1865, 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 private 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 pubiic, the question whether the contemplated use be really public 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. 18.] Sec. 23. Accused not compelled 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 if 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 Const. 1865, Art. 1, Secs. 18 and 19.] Sec. 24. 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. 1865, Art. 1, Sec. 20.] Sec. 25. Excessive bail and unusual punishment.—That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. [Same as Const. 1865, Art. 1, Sec. 21.] Sec. 26. Habeas corpus.—That the privilege of the writ of habeas corpus shall never be suspended. [Const. 1865, Art. 1, Sec. 22, modified. ] See. 27. Military subordinate to civil power.—That the military shall always be in strict subordination to the civil power; 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. 1865, Art. 1, Sec. 32, modified. ] (6.) See annotations to Charter, Art. 6. ARTS. II, Il and IV.]} CONSTITUTION OF THE STATE OF MISSOURI. 97 — Sec. 28. Trial by jury inviolate—grand jary—twelve men.—The right of trial by jury, as heretofore enjoyed, shall remain inviolate, but a jury for the trial of civil and criminal cases in courts not of record, may consist of less than twelve men as may be prescribed by law; and that a two-thirds majority of such number prescribed 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 concurring 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. i Const. 1865, Art. 1, Sec. 17. Section, as amended (two amendments), adopted in 1900.] Sec. 29. People, right to assemble and petition.—That the people have the right peaceably to assemble for their common good, and to apply to those invested with the powers of government for redress of grievances by petition or remon- strance. {Const. 1865, Art. 1, first clause Sec. 8.] Sec. 30. Due process of law—person.—That no person shall be deprived of life, liberty or property, without due process of law. fConst. 1865, Art. 1, Sec. 18. Same in substance as last clause. ] See. 31. Slavery prohibited.—That there cannot be in this State either slavery or involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted. rConsu, 1865, Art) Sec 2.1 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. {New section. | ARTICLE IIl. THE DISTRIBUTION OF POWERS. Three departments of government.—The powers of government shall be 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 properly belonging to one of those departments, shall exercise any power belonging to either of the others, except in the instances in this Constitution expressly directed or permitted. [Same substantially as Const. 1865, Art. 3.] ARTICLE IV. LEGISLATIVE DEPARTMENT. Section 1. The legislative power, subject to the limitations herein contained, shall be vested in a Senate and House of Representatives, to be styled ‘‘The Gen- eral Assembly of the State of Missouri.’’ {Substantially same as Const. 1865, Art. 4, Sec. 1.] REPRESENTATION AND APPORTIONMENT. Sec. 2. Representatives, apportionment.—The House of Representatives shall consist of members to be chosen every second year by the qualified voters of the several counties, and apportioned in the following manner: The ratio of repre- sentation shall be ascertained at each apportioning session of the General Assem- bly, by dividing the whole number of inhabitants of the State, as ascertained by the last decennial census of the United 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 times 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. i ones 1865, Art. 4, Sec. 2, gave one additional member for every three additional ratios. *Proposed amendment will be submitted at the election in 1908 (Laws 1907, D. 452). 28 CONSTITUTION OF THE STATE OF MISSOURI. [ART. EV Sec. 3. Counties, division of into districts —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. 1865, Art. 4, Sec. 2.] Sec. 4. Representatives—qualifications.—No person shall be a member of the House of Representatives who shall 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 taken, and who shall not have paid a State and county tax within one year next preceding the election. [Const. 1865, Art. 4, Sec. 3.] Sec. 5. Senators, number—Senatorial districts.—The Senate shall consist of thirty-four members, to be chosen by the qualified voters of their respective districts for four years. For the election of Senators the State shall be divided into convenient districts, as nearly equal in population as may be, the same to be ascertained by the last decennial census taken by the United States. [Substantially same as Const. 1865, Art. 4, Secs. 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 which 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 the result thereof as to this State ascertained, when the apportionment shall be revised and adjusted on the basis of that census, and every ten years thereafter upon the basis of the United States census; or if such census be not taken, or is delayed, then on the 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 preceding clauses are new. Const. 1865, Art. 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, Johnson, Lafay- ette,,Macon, Marion, Pike and Saline, each two, and each of the other counties in the State one. {New section. ] SSS osea eas ate: made as authorized by this section b 1901. See laws 1901.] n by act approved ee 12th, ART. IV.] CONSTITUTION OF THE STATE OF MISSOURI. 99 Sec. 9. Districts, alteration, contiguity.—Senatorial and Representative dis- tricts may be altered, from time to time, as public convenience may require. When any Senatorial district shall be composed of two or more counties, they shall be contiguous; such district to be as compact as may be, and in the formation of the same no county shall be divided. [Such districts to be compact,” etc., is new. Const. 1865, Art. 4, Sec. 8.] Sec. 10. Senators and Representatives, when 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 compose the first class, shall be chosen; and in one thousand eight hundred and seventy-eight, the Senators 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. [Const. 1865, Art. 4, Secs. 9 and 10.] See. 11. Senatorial districts. Until the State shall be divided into Senatorial districts, in accordance with the provisions 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. Sixth District—The counties of Linn, Sullivan, Putnam and Chariton. Seventh District—The counties of Randolph, Howard and Monroe. Eighth District—The counties of Adair, Macon and Schuyler. Ninth District—The counties of Audrain, Boone and Callaway. Tenth District—The counties of St. Charles and Warren. Eleventh District—The counties of Pike, Lincoln and Montgomery. Twelfth District—The counties of Lewis, Clark, Scotland and Kuox. 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. EHighteenth District—-The counties of Greene, Lawrence, Barry, Stone and Christian. 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, Ste. 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 as follows: Twenty-seventh, Twenty-ninth, Thirtieth, Thirty-first, Thirty-second, Thirty- third and Thirty-fourth. [The Forty-first General Assembly having adjourned without redistricting the State into Senatorial districts, that duty devolved upon the Governor, Secretary of State and Attorney-General by the Constitution (section 7, article ITV), and they accordingly, on the 6th day of April, 1901, performed that duty, and divided the State into Senatorial districts, as follows: 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—Chariton, Linn and Sullivan. EHighth—Caldwell, Carroll, Daviess and Ray. Ninth—Adair, Macon and Shelby. Tenth—Boone, Callaway, Montgomery, St. Charles and Warren. 30 CONSTITUTION OF THE STATE OF MISSOURI. [ARTICLE IV, Bleventh—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. EKighteenth—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 General 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. [First clause is new; also the word ‘municipality.” Const. 1865, Art. 4. Sec. 11.] Sec. 13. Office vacated by removal.—lIf 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. 1865, Art. 4, Sec. 13.] 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. 1865, Art: 4, Sec. 145] 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 perform- 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 to 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 1908. (Laws 1907, p. 457.) |ART. IV. | CONSTITUTION OF THE STATE OF MISSOURI, 31 those at the seat of government, 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 paid. Each member may receive at each regular session an additional sum of thirty dollars, which shal) be in full for all stationery used in his official capacity, and all postage, and all other incidental expenses and perquisites; and no allowance or emoluments, for any purpose whatever, shall be made to or received by the members, or any member of either house, or for their use, out of the contingent fund or otherwise, except as herein expressly provided; and no allowance or emolument, 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. [New section, except the provision preceding the words ‘‘not to exceed five dollars Der day. ceeCONnSst «1860, Art, 4.55eC,.1 7%.) Sec. 17. Organization and general rules.—Each house shall appoint its own officers; shall be sole judge 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 fine 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. [Substantially same as Const. 1865, Art. 4, Sec. 19.] Sec. 18. Majority a 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. 1865, Art. 4, Sec. 18.] Sec. 19. Sessions must be public.—The sessions of each house shall be held with open doors, except in cases which may require secrecy. [Const. 1865, Art. 4, Sec. 21.] Sec. 20. Time of meeting—biennial terms.—The General Assembly elected in the year one thousand eight hundred and seventy-six shall meet on the first Wednesday after the first day of January, one thousand eight hundred and seventy- seven; and thereafter the General Assembly shall meet in regular session once only in every two years; and such meeting shall be on the first Wednesday after the first day of January next after the elections of the members thereof. [The word “only,” preceding the words “in every two years,” is not in the Const. of 1865, Art. 4, Sec. 35.] See. 21. Shall not adjourn for more than 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. [New 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. ] Sec. 23. Adjournment by consent.—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. [Const. 1865, Art. 4, Sec. 22.] LEGISLATIVE PROCEEDINGS. 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:”’ [Const. 1865, Art. 4, Sec. 26.] Sec. 25. Laws passed by bills, extent of amendments.—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 section. } 32 CONSTITUTION OF THE STATE OF MISSOURI. TART.VIV: 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. 1865, 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. 28. 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. 1865, Art. 4, Sec. 32.] Sec. 29. Amendments to be incorporated in bill and printed.—Al1]l 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 for 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.—lIf 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, yeas 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 house be recorded thereon as voting in its favor. [Same in substance as Const. 1865, Art. 4, Sec. 24.] Sec. 32. 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 shall 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! 1865) Art. 4, Sec.) 25:] Sec. 34. Act 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. 1865, Art. 4, Sec. 25.] Sec. 35. 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. 37. Bills signed 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 shall affix his signature to any bill, he shail suspend all other business, declare that such bill will now be read, and that, if no objections be made, he will sign the same to the end that it may become ART.IV.] . CONSTITUTION OF THE STATE OF MISSOURI. 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 the other house. When it reaches the other house, the pre- siding officer thereof shall immediately suspend all other business, announce the reception of the bill, and the same proceedings shall thereupon be observed, in every respect, as in the house in which it was first signed. If in either house 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 passed by the house, or that any particular 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. See Art. 5, Sec. 12.] Sec. 38. Bills, approval of Governor.—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, with 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. Bills returned without 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 journal, and proceed, at its convenience, to consider the question 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 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 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 upon the bill. The bill 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. [See Const. 1865, Art. 5, Sec. 9.] Sec. 40. Failure of Governor to approve or return bill—proceedings.—W hen- ever the Governor shall fail 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. Provided, That such joint resolution shall not be submitted to the Governor for his approval. [New section. ] Sec. 41. Laws—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. 42. Journal of each house published—yeas 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. 1865, Art. 4, Sec. 20.] 34 CONSTITUTION OF THE STATE OF MISSOURI. [ART .OLV. 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 appropriations 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. Seventh, 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. 1865, Art. 11, Sec. 6.] Sec. 44. 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. Second, 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 of 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.] Sec. 46. 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. ] Sec. 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- Ari. LV.) 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 for 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.— (a) [Const. 1865, Art. 11, Sec. 14, modified. Proviso adopted 1892.] Sec. 48. Public officers, agents, etc., extra pay prohibited.—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 performed 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. [New section. ] Sec. 49. State subscriptions 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. jOonst sob. Artesia SeG. Lo.) Sec. 50. Liens on railroads, 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 pass any act explanatory thereof; but the same shall be enforced in accordance with the original terms upon which it was acquired. [See Const. 1865, Art. 11, Sec. 15.] Sec. 51. Corporation debts, release 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.] Sec. 52. War debt, payment of.—The General Assembly shall have no power to make any appropriation of money, or to issue any bonds or other evidences of 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,’ approved 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 Government of the United States to the State of Missouri. [New Section. ] Sec. 53. Special and local laws prohibited.—The General Assembly shall not pass any local or special law:—(b) 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 of 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: Authorizing 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: Erecting 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. Louis.’’ Ch. 10, Sec. 322 et eg; also Rev. Code, Sec. 304. (6) For cases holding 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. LART. Vv. 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: q 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 Jocal 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. 1865, Art. 4, Sec. 27.] 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 published 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. ]} Sec. 55. Extra 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, Sec. 7.] Sec. 56. Capital not to be removed.—The General Assembly shall have no power to remove the seat of government of this State from the City of Jefferson. [See Const: 1865,-Art. 11, Sec. 10.] ARTICLE V. EXECUTIVE DEPARTMENT. Section 1. Executive 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 the 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. 1865, Art. 5, Sec. 16.] See. 2. Terms of office—Governor and Treasurer 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- meas Ys) CONSTITUTION OF THE STATE OF MISSOURI. 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 term was two years under Const. of 1865, Art. 5, Secs. 3 and 16, except that of Superintendent of Public Schools. Art. 9, Sec. 3. Provision as to ineligibility is new.] Sec. 3. Returns—tie, how determined.—The returns of every election for the above named officers shall be sealed up and transmitted by the returning officers to the Secretary of State, directed to the Speaker of the House of Repre- sentatives, who shall, immediately after the organization of the House, and before proceeding to other business, open and publish the same in the presence of a majority of each House of the General Assembly, who shall for that purpose assemble in the hall of the House of Representatives. The person having the highest number of votes for either of said offices shall be declared duly elected; but if two or more shall have an equal and the highest number of votes, the Gen- eral Assembly shall, by joint vote, choose one of such persons for said office. [See Const. 1865, Art. 5; Secs. 3 and 18.] Sec. 4. The supreme executive power shall be vested in a chief magistrate, who shall be styled ‘‘The Governor of the State of Missouri.”’ [Same as Const. 1865, Art. 5, Sec. 1.] Sec. 5. Governor, qualifications.—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 next before his election. [Same as Const. 1865, Art. 5, Sec. 2, except the word ‘‘white” is here omitted. ] Sec. 6. Governor’s duties.—The Governor shall take care that the laws are distributed and faithfully executed: and he shall be a conservator of the peace throughout the State. [See Const. 1865, Art. 5, Sec. 6.] Sec. 7. Governor, commander-in-chief of militiaa—The Governor shall be commander-in-chief of the militia of this State, except when they shall be called into the service of the United States, and may call out the same to execute the laws, suppress insurrection and repel invasion; but he need not command in person unless directed so to do by a resolution of the General Assembly. [Provision calling out militia is new. Const. 1865, Art. 5, Sec. 5.] Sec. 8. Governor, grant pardons, report to General Assembly.—The Governor shall have power to grant reprieves, commutations and pardons, after conviction, for all offenses, except treason and cases of impeachment, upon such condition and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. He shall, at each session of the General Assembly, communicate to that body each case of reprieve, commutation or pardon granted, stating the name of the convict, the crime of which he was convicted, the sentence and its date, the date of the commutation, pardon or reprieve, and the reason for granting the same. [See Const. 1865, Art. 5, Sec. 6.] Sec. 9. Governor may inform General Assembly, call extra sessions.—The Governor shall, from time to time, give to the General Assembly information relative to the state of the government, and shall recommend to its consideration such measures as he shall deem necessary and expedient. On extraordinary oc- casions he may convene the General Assembly by proclamation, wherein he shall state specifically each matter concerning which the action of that body is deemed necessary. 2 eae as Const. 1865, Art. 5, Sec. 7. As to business of special session, see Art. 4, EG: DD. Sec. 10. Governor’s message—account for moneys, etc.—The Governor shall, at the commencement of each session of the General Assembly, and at the close of his term of office, give information by message of the condition of the State, and shall recommend such measures as he shall deem expedient. He shall account to the General Assembly, in such manner as may be prescribed by law, for all moneys received and paid out by him from any funds subject to his order, with vouchers; and at the commencement of each regular session, present estimates of the amount of money required to be raised by taxation for all purposes. [New section. ] Sec. 11. Vacancy in office—Governor may fill—When any office shall become vacant, the Governor, unless otherwise provided by law, shall appoint 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, Sec. 8, Const. 1865.] Sec. 12. Governor’s duty as to bills presented 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- sepectively originated, all such bills and joint resolutions, with his approval in- 38 CONSTITUTION OF THE STATE. OF MISSOURI. LART,..¥. 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 for disapproval. [See Art. 4, Secs. 37 and 38 of this Const., and Const. 1865, Art. 5, Sec. 9.J Sec. 138. 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 of 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.]J See. 15. lLieutenant-Governor, qualifications and duties.—The Lieutenant- Governor shall possess the same qualifications as the Governor, and by virtue of his office shall be President of 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 of both houses. [Const. 1865, Art. 5, Secs. 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. 1865, Art. 5, Sec. 14.] Sec. 17. Senate, President pro tempore—other persons to act as Governor, 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 of 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. [CONStsGLOOD, VATED Ee OeCrnl4] 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..13865,, Art? 5) See. 155) Sec. 19. Executive officers, qualifications.—No person shall be eligible to the office of Secretary of State, State Auditor, State Treasurer, Attorney-General, or Superintendent of Public Schools, unless he be a male citizen of the United States and at least twenty-five years old, and shall have npided in this State at least five years next before his election. [Const. 1865, Art. 5, Sec. 16, except as to Superintendent of Public Schools, who was required to have the qualifications of a State Senator. Art. 10, Sec. Sec. 20. Seal of the State.—The Secretary of State shall be the custodian of the seal of 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 of State shall keep a register of the official acts of the Governor, and when necessary, shall attest Bert. Vi) CONSTITUTION OF THE 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 BUCA EY to do so. [Const. 1865, Art. 5, Sec. 21.] See. 22. Executive officers’ duties, accounts, institutions.—An account shall be kept by the officers 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 writing, under oath, from the officers of the Executive Department, and all officers and managers of State 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. - [New section. ] See. 23. Governor shall commission officers.—The Governor shall com- mission all officers not otherwise provided 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. T[Const. 1865, Art. 5, Sec. 25.] Sec. 24. Officers, salaries and fees not to be changed.—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 expiration 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. ] See. 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; Art? 5; Secs. 18 and 19.] 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 1890, at close of this article. ] Sec. 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. 1865, Art. 6, Sec. 2.] Sec. 38. Supreme Court, superintending control of.—The Supreme Court shall have a general superintending control 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. 1865, Art. 6, Sec. 3.] 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. 1865, Art. 6, Sec. 6.] Sec. 5. Judges, number of—quor iit duties “Sl ectton: —The Supreme Court shall consist of five judges, any three of whom shall constitute a quorum; and said judges shall be conservators of the peace throughout the State, and shall be elected by the qualified voters thereof. (a) (Const. 1865, Art. 6, Sec. 4. Amended, 1890, increasing number and creating two divisions. See amendment at end of article. ] Sec. 6. Judges, qualifications.—The judges of the Supreme Court shall be citizens of the United States, not less than thirty years old, and shall have been (a) See constitutional amendment at end of this article. mye son amendment hereto to be voted at in election of 1908. (Laws 1907, p. 40 CONSTITUTION OF THE STATE OF MISSOURI. [TART “Vis 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. 1865, Art. 6, Sec. 18.] Sec. 7. Judges, terms—commencement—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. 1865, Art. 6, Sec. 7. See amendment at end of this article. ] Sec. 8. 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. 1865, 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. 1865, Art. 6, Sec. 5.] Sec. 10. Supreme Court, accommodations.—tThe 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 parties cannot agree upon a special judge, the court shall appoint one. [Same as Const. 1865, Art. 6, Sec. 10. See amendment at end of this article.] Sec. 12. St. Louis Court 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 warranto, 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 composed 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 mised... Vie] CONSTITUTION OF THE STATE OF MISSOURI. 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, 1876. [New section. ] Sec. 15. Opinions 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 respectively made, and become parts of their record; and all laws relating to the practice in the Supreme Court shall apply to this court, so far as the same may be applicable. [New section. ] Sec. 16. Terms of first judges—presiding judge.—At the first general elec- tion held in said city and counties after the adoption 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 appoint three judges for said court, who 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. 18. Court of Appeals, clerk.—The clerk of the Supreme 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 appointed clerk of the Supreme Court, and until his successor shall be duly qualified. [New section. ] Sec. 19. Cases pending in Supreme Court at St. Louis.—A1l cases which may be pending in the Supreme Court at St. Louis 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 Appeals, 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 Appeals, when cases are triable in.—AIl cases coming to said court by appeal, or writ of error, shall be triable at the expiration of fifteen days from the filing of the transcript in the office of the clerk of said court. [New Section. ] Sec. 21. Supreme Court, clerks and 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 Appeals; and said records, documents, transcripts and papers shall become part of the records, documents, transcripts and papers of said Supreme Court at Jefferson City, and said-court shall hear and determine all the cases thus transferred as other cases. [New Section. ] 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 appellate 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 places in each county as may be by law directed; but at least two terms shall be held every year in each county. [Const. 1865, 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 corporation courts, justices of the peace, and all inferior tri- bunals in each county in their respective circuits. [Const. 1865, except enumeration of courts, Art. 6, Sec. 21.] Sec. 24. Circuits may be changed 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 public convenience may require; and whenever a circuit shall be abol- ished, the office of the judge of such circuit shall cease. [See Const. 1865, Art. 6, Sec. 14.] 42 CONSTITUTION OF THE STATE OF MISSOURI. DATS a vee Sec. 25. Circuit judges, terms and duties.—The judges of the circuit court shall be elected by the qualified voters of each circuit; shall hold their offices for the term of six years, and shall reside in and be conservators of the peace within their respective circuits. (Const. 1865, Art. 6, Sec. 14.] Sec. 26. Circuit judges, qualifications.—No person shall be eligible to the office of judge of the circuit court who shall not have attained the age of thirty years, been a citizen of the United States five years, a qualified voter of this State for three years, and who shall not be a resident of the circuit in which he may be elected or appointed. [Const. 1865, Art. 6, Sec. 18. Last clause is new.] Sec. 27.—Circuit court of St. Louis County—jurisdiction of Court of Appeals.— The circuit court of St. Louis county shall 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. The St. Louis Court of Appeals shall have exclusive jurisdiction of all appeals 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. 1865, Art. 6, Sec. 15. See amendment of 1884, following this article. ] : Sec. 28. Additional judges, provision for.—In any circuit composed of a single county, the General Assembly may, from time 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. Vacancy in office, disability, etc.—If there be a vacancy in the office of judge of any circuit, or if the judge be sick, absent, or from any cause unable to hold any term or part of term of court, in any county in his circuit, such term or part of term of court may be held by a judge of any other circuit; and at the request of the judge of any circuit, any term of court or part of term in his circuit may be held by the judge of any other circuit, and in all such cases, or in any case where the judge cannot preside, the General Assembly shall make such additional provision for holding court as may be found necessary. [Const. 1865, “Art. 6, Sec?) 17.>- “All such) cases: sete: missnews | Sec. 30. Judges, election of—ties and contests.—The election of judges of all courts of record shall be held as is or may be provided by law, and in case of a tie or contested election between the candidates, the same shall be deter- mined as prescribed by law. [Const. 1865, Art. 6, Sec. 14.] Sec. 31. Criminal courts.—The General Assembly shall have no power to establish criminal courts, except in counties having a population exceeding fifty thousand. [See Const. 1865, Art. 6, Sec. 1.] Sec. 32. Judges, vacancy, how filled.—In case the office of judge of any court of record become vacant by death, resignation, removal, failure to qualify, or otherwise, such vacancy shall be filled in the manner provided by law. [Const. 1865, Art.’6, Sec. 8, 14, modified. ] Sec. 33. Judges, salaries not to be increased or diminished.—The judges of the Supreme, Appellate and Circuit courts, and of all other courts of record receiving a salary, shall, at stated times, receive such compensation for their services as is or may be prescribed by law; but it shall not be increased or dimin- ished during the period for which they were elected. [Const. 1865, Art. 6, Sec. 20, modified. ] Sec. 34. Probate courts.—The General Assembly shall establish in every county a probate court, which shall be a court of record, and consist of one judge, who shall be elected. Said court shall have jurisdiction over all matters pertain- ing to probate business, to granting letters testamentary and of administration, the appointment of guardians and curators of minors and persons of unsound mind, settling the accounts of executors, administrators, curators and guardians and the sale or leasing of lands by administrators, curators and guardians; and also jurisdiction over all matters relating to apprentices: Provided, That until the General Assembly shall provide by law for a uniform system of probate Abe. VI.) CONSTITUTION OF THE STATE OF MISSOURI. 43 courts, the jurisdiction of probate courts heretofore established shall remain ag now provided by law. (p) [New section. ] Sec. 35. Probate court, jurisdiction, practice and clerks.—Probate courts shall be uniform in their organization, jurisdiction, duties and practice, except that a separate clerk may be provided for, or the judge may be required to act, ex officio, as his own clerk. [New section. ] Sec. 36. County courts.—In each county there shall be a county court, which shall be a court of record, and shall have jurisdiction to transact all county and such other business as may be prescribed by law. The court shall consist of one or more judges, not exceeding three, of whom the probate judge may be one, as may be provided by law. [Const. 1865, Art. 6, Sec. 23, modified. ] Sec. 37. Justices of the peace.—In each county there shall be appointed, or elected, as many justices of the peace as the public good may require, whose powers, duties and duration in office shall be regulated by law. (s) [Const. 1865, Art: 6, Sec. 25.] Sec. 38. Writs and indictments.—Al1l writs and process shall run and all prosecutions shall be conducted in the name of the “State of Missouri;’”’ all writs shall be attested by the clerk of the court from which they shall be issued; and all indictments shall conclude, “‘against the peace and dignity of the State.’’ [Const. 1865, Art. 6, Sec. 26.] Sec. 39. Clerks of courts.—The St. Louis Court of Appeals and Supreme Court shall appoint 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 jaw: 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. (Const. 1865, Art. 6, Sec. 22, modified. ] Sec. 40. Clerks, 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. Judge, removal 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: [New section. ] Sec. 42. Existing courts to continue.—All courts now existing in this State, not named or provided for in this Constitution, shall continue until the expira- tion of the terms of office of the several judges; and as such terms expire, the business of said courts shall vest in the court having jurisdiction thereof in the counties where said courts now exist, and all the records and papers shall be trans- ferred to the proper courts. [New section. ] Sec. 43. Supreme Court, what opinions to be published.—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. [New section. ] Sec. 44. Judicial decisions free for publication.—All judicial decisions in this State shall be free for publication by any person. [New section. ] COURTS OF APPEALS. [The following amendment to the Constitution extending the jurisdiction of the St. Louis Court of Appeals, and establishing the Kansas City Court of Appeals, was submitted to the qualified voters by concurrent resolution, approved March 29, 1883, and was adopted at the general election held on the Tuesday next following the first Monday in November, 1884.] (Laws 1883, p. 215.) (4) Probate Courts in St. Louis: See Henderson vs. Koenig. 168 Mo. 356. (s) Justices of the Peace in St. Louis: See State ex rel. vs. Walton, 69 Mo. 556; Spaulding vs. Brady, 128 Mo. 653. 44 CONSTITUTION OF THE STATE OF MISSOURI. (ARTS 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, Phelps, Pulaski, Texas, Howell, Ozark, Douglas, Wright, 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 1889, Montgomery county, and by Act of 1893, Audrain county are now included in the St. Louis Court of Appeals district. Sec. 2. Kansas City Court of Appeals, jurisdiction, terms, judges.—There is hereby established at Kansas City an appellate court, to be known as the Kansas City Court of Appeals, the 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 three judges, who shall 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 shall 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 appeals, 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 another court of appeals; to provide for the transfer of eases from a court of appeals to the Supreme Court, and to provide for the hearing and determination of such cases by the courts to which they may be transferred. Sec. 4. Kansas City Court of Appeals—first judges, appointment and election —law applicable to.—The first term of said Kansas City Court of Appeals shall be held on the first Monday of March in the year 1885, and the first judges thereof shall, upon the adoption of this amendment, be appointed by the Governor of said State for the term of four years each, beginning on the first day of January, 1885, and at the general election in the year 1888, the first election for the judges of said court shall be held, and the provisions of the Constitution of the State concerning the organization, the judges, the powers, the jurisdiction and proceedings of the St. - Louis Court of Appeals as herein amended, shall in all appropriate 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 superintending control over such trial courts. Sec. 6. Courts of Appeals, cases may be certified to Supreme Court, when.— When any one of said courts of appeals 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 appeals, or of the Supreme Court, the 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 transcrpt therein to the Supreme Court, and thereupon the Supreme Court must rehear and determine said cause or proceeding, as in case of jurisdiction obtained by ordinary appellate process; 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 Court 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 4mendment, 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. 8. Supreme Court, superintending control of.—The Supreme Court shall have superintending control overthe courts of appeals by mandamus, prohibition and certiorari. ART. VI.] CONSTITUTION OF THE STATE OF MISSOURI. 45 Sec. 9. Kansas City Court of Appeals, court-room and offices.—The State 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 office and furnished offices for the judges. Sec. 10. Judges of Courts of Appeals—salaries, how paid.—The judges of the Kansas City Court of Appeals, and of such additional court of appeals as may be created by law, shall each annually receive a salary of three thousand five hundred dollars per annum, which, together with the entire salaries of the judges of the St. Louis Court of Apeals, 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 rescinded.—AI]l provisions of the Constitution of this State, and all.laws of this State which are inconsistent with this amendment, shall, so far as inconsistent, upon its adoption, be forever rescinded and of no effect. SUPREME COURT. {The following amendment to the Constitution increasing the number of judges 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 adopted at the general election held on the Tuesday next following the first Monday in November, 1890.] Section 1. Number of judges—divisions of court—business, how divided— quorum.—The Supreme Court shall consist of seven judges, and, after the first 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 disposition of causes and matters pertaining thereto, and shall have concurrent jurisdiction of all matters and causes in the Supreme Court, except that division number two shall have exclusive cognizance of all criminal cases pending in said court: Provided, 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 determine. 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 and matters pending before it, shall have the force and effect of those of the court. Sec. 2. Appointment and election of judges—term—divisions, how con- stituted—chief justice—presiding judges.—Upon the adoption 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 January, 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 Supreme Court. The two judges appointed by the Governor, together with the judge elected at the general election in the year 1890, shall constitute division number two, and the remaining judges shall constitute division number one. The court shall elect its chief justice and each division a presiding judge thereof. Sec. 3. Business divided, how—practice—opinions—original 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 Court, as well as the rules of the Supreme Court, shall apply to each division so far as they may be applieable 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. Case transferred to court en banc, when.—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. 5. Court may dispense with divisions—may re-divide.—Whenever ia 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 the court shall thereafter hear and determine all causes pending in it: Provided, however, 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 of 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 clause.—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 VII. 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.—T he 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 Chief 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. 1865, Art. 7, Secs. 1 and 2. Last sentence is new.] ARTICLE VII. 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 eight hundred and seventy-six; but the 'General Assembly may, by law, fix a different day—two-thirds of all the members of each house consenting thereto. [Same-.in substance as Const. 1865, Art. 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. 1865, Art. 2, Sec. 18.] Sec. 8. Elections, how conducted and contested.—All1 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. Voters 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 substance 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.] ART. ViIL] CONSTITUTION OF THE STATE OF MISSOURI. 47 Sec. 6. Elections viva voce, when.—A]l1 elections, by persons in a representa- tive capacity, shall be viva voce. [New section. ] Sec. 7. Residence as voter not gained or lost, when.—For the purpose of voting, no person shall be deemed to have gained a residence by reason of his pres- ence, or lost it by reason of 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. [See Const. 1865, Art. 2, Sec. 20.] Sec. 8. Who disqualified as voters.—No person, while kept 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 of this 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 of any election held before said law shall take effect. [See Const. 1865, Art. 2, Secs. 19 and 24.] Sec. 10. Criminals may be disqualified.—The General Assembly may enact laws excluding from the right 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. 1865, Art. 2, Sec. 26.] Sec. 11. Officers, soldiers and marines disqualified.—No officer, soldier or ma- rine in the regular army or navy of the United pahoe shall be entitled to vote at any election in this State. l@onstwlso5, Art. 2, Sec. 162] 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 hereby recognized as legal subdivisions of the State. (7) [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. 1865, Art. 4, Sec. 30, modified. ] Sec. 3. New counties, divisions of counties by vote, etc.—The General Assem- bly shall have no power 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 representation 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 for representative purposes to the county from which the greatest amount of territory is taken until such ratio shall be obtained. 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 of all the qualified voters of the county or counties thus affected, voting on the question, shall vote therefor; nor shall any new county be established, any line of which shall run within ten miles of 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. 1865, Art. 4, 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 (j) City of St. Louis, see: State ex rel. vs. Finn, 4 Mo. app, 347; as to St. Louis being a political sub- division of the State, see note to Charter, Art. XVI, Sec. 48 CONSTITUTION OF THE STATE OF MISSOURI. PARTI 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. New county, liability of—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 corporations.—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 repealed: Provided, however, 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. 1865, Art. 11, Sec. 14.] See. 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 provisions, by general law, whereby any eity, 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 corpora- tions. [seevConst, fs60,0 ArtsisueseGr onl Sec. 8. Township organization—county justices.—The General Assembly may provide, 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 qualified, 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 1906.] (&) 5 (k) See note to Charter Art. IV Sec. 1; Scheme, Sec. 5. ART. IX.] CONSTITUTION OF THE STATE OF MISSOURI. 49 Sec. 11. Sheriffs or coroner—vacancy in office.—Whenever a vacancy shall happen in the office of sheriff or coroner, the same shall be filled by 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 by it appointed shall hold office until the person chosen at such election shall be duly qualified; 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. 1865, Art. 5, Sec. 23.] Sec. 12. County officers—fees of.—The General Assembly shall, by a law uniform in its operation, provide for and regulate the fees of all county officers, and for 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 municipality, 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 paid to his deputies 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 of willful and corrupt perjury. [New section. ] Sec. 14. Extra 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 of office shall exceed four years. {New section. ] Sec. 15. City and county governments, consolidation of.—In all counties hav- ing a city therein containing over one hundred thousand inhabitants, the city and county government thereof may be consolidated in such manner as may be provided by law. [New section. ] Sec. 16. Large cities may frame their own charters, how.—Any city having a population of more than one hundred thousand inhabitants may frame a charter for its own government, consistent with and subject to the Constitution and laws of this State, by causing a board of thirteen freeholders, who shall have been for at least five years qualified voters thereof, to be elected by the qualified voters of such city at any general or special election; which board shall, within ninety days after such election, return to the chief magistrate of such city a draft of such charter, signed by the members of such board or a majority of them. Within thirty days thereafter, such proposed charter shall be submitted to the qualified voters of such city, at a general or special election, and if four-sevenths of such qualified voters voting thereat shall ratify the same, it shall, at the end of thirty days thereafter, become the charter of such city, and supersede any existing charter and amendments thereof. A dupli- cate certificate shall be made, setting forth the charter proposed and its ratification, which shall be signed by the chief magistrate of such city and authenticated by its corporate seal. One of such certificates shall be deposited in the office of the Secre- tary of State, and the other, after being recorded in the office of the recorder of deeds for the county in which such city lies, shall be deposited among the archives of-such city, and all courts shall take judicial notice thereof. Such charter, so adopted, may be amended by a proposal therefor, made by the law-making authori- ties of such city, published for at least thirty days in three newspapers of largest circulation in such city, one of which shall be a newspaper printed in the German language, and accepted by three-fifths of the qualified voters of such city, voting at a general or special election, and not otherwise; but such charter shall always be in harmony with and subject to the Constitution and laws of the State. [New section. ] Sec. 17. Provisions of such charters.—It shall be a feature of all such char- ters that they shall provide, among other things, for a mayor or chief magistrate, and two houses of legislation, one of which at least shall be elected by general ticket; and in submitting any such charter or amendment thereto to the qualified voters of Such city, any alternative section or article may be presented for the choice of the voters, and may be voted on separately, and accepted or rejected separately, without prejudice to other articles or sections of the charter or any amendment thereto. [New section. ] Sec. 18. No person to be State and municipal 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. LX. 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. (qa) [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. (0b) [New section. ] GIINYSa © aS eee @) iiss Sec. 20. City of St. Louis, extension of limits, adoption of charter.—The city of St. Louis may extend its limits so as to embrace 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 Zovern- 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 charter, 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 the 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. 22. Charter, how amended.—tThe 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 such 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 thsre cited) to Sec. 10 of Art. IV of the Charter as to qualifications of city officers. (bd) See note to Charter, Art. IIT. Sec. 26, clause 1. (c) For authorities and comments on the bearing and effect of this provision of the constitution (as well as the following sections) see note hereinafter, introductory to the Charter (note under “General Considerations Respecting the Charter.’’) (d) See Walsh vs. Railroad, 102 Mo. 582, 589; St. Louis vs. Lang, 131 Mo. 412, 420; State ex rel vs. Sutton, 3 Mo. App. 388; State ex rel, vs. Finn, 4 Mo. App. 348. For further authorities and discussion see note introductory to the charter. ARTS. IX, X.] CONSTITUTION OF THE STATE OF MISSOURI. 5l 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 qualified 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 qualified 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) ar section. Section, as amended, adopted in 1902.] Sec. 23. Charter in harmony with constitution and laws—various provisions under.—Such charter and amendments shall always be in harmony with and sub- ject to the Constitution and laws of Missouri, except only that provision may be made for 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 boundaries. 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 county 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 other functions 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 State of Missouri, under the name of the county of St. Louis. Until the next apportionment for Senators and Representatives 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. (f) [New section. ] Sec. 24. Courts of St. Louis, city and county.—The county and city of St. Louis, as now existing, shall continue to constitute the Highth judicial circuit, and the jurisdiction of all courts of record, except the county court, shall continue until otherwise provided by law. (g) [New section. By Act of 1877, St. Louis county was taken out of the Eighth circuit. ] Sec. 25. St. Louis subordinate as 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. (h) [New section.] ARTICLE X. REVENUE AND TAXATION.* Section 1. Taxing power, how exercised.—The taxing power may be exercised by the General Assembly for State purposes, and by counties and other municipal corporations, under authority granted to them by the General Assembly, for county and other corporate purposes. [New section. ] Sec. 2. Power to tax corporations not to be surrendered.—The power to tax corporations and corporate property shall not be surrendered or suspended by act of the General Assembly. ’ [New section. ] Sec. 3. Taxes for public purposes must be uniform.—Taxes may be levied and collected for public purposes 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. Taxes in proportion to value.—aAll property subject to taxation shall be taxed in proportion to its value. [Const. 1865, Art. 1, Sec. 30.] (e) See note to Charter, Art. XVI, Sec. 19. un, f) . For full discussion and _ reference to authorities upon_this section see note ( General Considerations on the Charter”) introductory to the Charter. As to power of taxation see note and cases to Art. V, Sec. 1 of the Charter. (g) See State ex rel. vs. Walsh, 69 Mo. 408, 411; State ex rel. vs. Laughlin, 75 Mo. 147. See also in connection herewith note introductory to charter, (paragraphs Transfer of county functions” and ‘In how far the city is to be treated as a county.’’) (h) State ex rel. vs. Ry. Co., 151 Mo. 162, 182; State ex rel. vs. Walsh, 69 Mo. 408, 411; State ex rel. vs. Walton, 69 Mo. 556. And see further discussion and cases cited in the note introductory to charter. *Amendments proposed to be submitted at election in 1908. (Laws 1907, p. 460.) 52 CONSTITUTION OF THE STATE OF MISSOURI. [ART. X. Sec. 5. Railway corporations, taxed for what purposes.—All railroad corpora- tions in this State, or doing business therein, shall be subject to taxation for State, county, school, municipal and other purposes, on the real and personal property owned or used by them, and on their gross earnings, their net earnings, their fran- chises and their capital stock. {New section. ] Sec. 6. Property exempt 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. 1865, exempted property belonging to the U. S., the State, counties and Mata testi 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 purposes.—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.—No 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. Genéral 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. 11. Rates 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 for 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 ART. X.] CONSTITUTION OF THE STATE 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: Provided, 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. lla. Special road tax 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 used for road and bridge purposes, but for no other purpose whatever; 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. (j) [New section; adopted in 1900.] Sec. 12. Municipal 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-thirds 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, further, That any county, city, town, township, school district or other political cor- poration 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 $6,111,0v0 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 amount 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 property 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 be 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, 1895, 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 (Z) See note to Art. V, Sec. 1 of the Charter and to Art. III, Sec. 26, clause 1 of the Charter. “ J) This section is void, because in conflict with the 14th amendment of the U. S. Constitution: State ex rel. vs. Railway, 195 Mo. 228 . 54 CONSTITUTION OF THE STATE OF MISSOURL (ATT yen 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, That 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 for 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 we 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.] (k) [New section, 1875. Section was amended in 1900, again in 1902 and again in 1906. ] Sec. 12a. Id. For waterworks, etc., in city of 30,000 and not less 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. (1) [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 1865, abolished—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 principal 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. 26, clause 1, and notes to Art. V. Sinking fund to pay city bonds, see Charter Art. XIV. It is to be observed that in the 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 1906 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. : Allen, 183 Mo. 283. D 0. See State ex rel. vs (1) 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 of indebtedness in cities over 100,000. ART. X.] CONSTITUTION OF THE STATE OF MISSOURI. 5D Sec. 15. Deposit of State funds by treasurer—how disbursed.—All moneys now, or at any time hereafter, in the State treasury, belonging to the State, shall, im- mediately on receipt thereof, be deposited by the Treasurer to the credit of the State for the benefit of the funds to which they respectively belong, in such bank or banks as he may, from time to time, with the approval of the Governor and Attorney- General, 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 such 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. [New section. ] Sec. 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 publish, in such manner as the Governor may designate, quarterly statements, showing the amount of State moneys and where the same are kept or deposited. [New section. ] Sec. 17. Officer 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. [New section. ] Sec. 18. State Board of Equalization—members.—There shall be a State Board of Equalization, consisting of the Governor, State Auditor, 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 counties in the State, and it shall perform such other duties as are or may be presecribed by law. [New section. ] Sec. 19. Money to be paid as appropriated—limit—how, continued—receipts and expenditures.—No moneys shall ever be paid out of the treasury of this State, or any of the funds under its management except in pursuance of an appropriation by law; nor unless such payment be made, or a warrant shall have issued therefor, within two years after the passage of such appropriation act; and every such law, making a new appropriation, or continuing or reviving an appropriation, 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 shall be published from time to time. [New except first clause. Const. 1865, Art. XI, Sec. 6.] Sec. 20. Money from loans—how 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.—No 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 association 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 five dollars for every ten thousand dollars of increase: Provided, That nothing contained in this section shall be construed to prohibit the General Assembly from levying a further tax on the franchises of such corporation. {New section. ] [Sections 22 and 23 were repealed. } Sec. 26. [22] Certificates of indebtedness held as sacred obligations—levy for payment of interest.—All certificates of indebtedness of the State to the ‘‘public school fund” and to the “seminary 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 time and at such rate of interest as may be provided for 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 aecumu- 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 purposes 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 in lieu of the ten cents on the one hundred dollars valuation now provided oy eh ee pede proposed to be voted on at election of 1908, concerning levy of tax for ete: 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 ears. ‘4 [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 free 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. 1865, Art. 9, Sec. 7.] 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. 1865, 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. 1865, 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 devisés 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. 1865, Art. 9, Sec. 5.] Sec. 7. Deficiency, how provided for—minimum 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. 1865, Art. 9, Sec. 8, 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 amendment adding sec. 27 to be voted at election of 1908. **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.J CONSTITUTION OF THE 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 duty, 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. 1865, Art. 9, Sec. 5, with additions and changes. ] Sec. 9. Public school fund, how 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 belong to said school fund shall be invested in the bonds of the State of Missouri, or of the United States. [Under Const. 1865, 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. 1865, Art. 9, Sec. 6.] Sec. 11. Religious or sectarian schools—public funds not to be paid or prop- erty granted to.—Neither the General Assembly nor any county, city, town, town- ship, school district or other municipal corporation, shall ever make an appropria- tion or pay from any public fund whatever, anything 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. ] ARTICLE XII. CORPORATIONS. Section 1. Existing charters or grants without validity, when.—All existing charters or grants of special 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 special laws; nor shall any existing charter be extended, changed or amended by special laws, except those for charitable, penal or reformatory purposes, which are under the patronage and control of the State. [See Const. 1865, 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, right 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, number 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. Corporation—business limited by charter—power to hold real estate. —No corporation shall engage in business other than that 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 for carrying on its legitimate business. [New section. ] Sec. 8. Stock and bonded debt, how issued or increased.—No 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 him or her. {Const. 1865, Art. 7, See. 6. Stockholder liable for double amount 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 corporation, 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. ] RAILROADS. Sec. 12. Discrimination prohibited—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. 18. May construct and operate, connect and intersect other 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 public 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 for 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 company 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 subject 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; ART. XITI.] CONSTITUTION OF THE STATE OF MISSOURI. 59 and the General Assembly shall pass no law exempting any such property from exe- cution and sale. [New section. ] Sec. 17. Shall not consolidate with parallel lines.—No railroad or other corporation, 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 owning or having under its control a parallel or competing line; nor shall any officer of such railroad corporation act as an officer of any other railroad corporation owning or having the control of a parallel or competing line. The question whether railroads are parallel or competing lines shall, when demanded, be decided by a jury, as in other civil issues. [New section. ] Sec. 18. Consolidation with foreign companies.—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 may 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. ] 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 ofthe State, a new lia- bility in respect to transactions or considerations already past. [New section. ] Sec. 20. Street railroad, franchise, how granted.—No law shall be passed by the General Assembly granting the right to construct and operate 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 occupied by such street railroad; and the franchises so granted shall not be transferred without similar assent first obtained. (mm) [New section. ] Sec. 21. Railroad corporation, benefit of future legislation.—No railroad cor- poration in existence at the time of the adoption of this Constitution shall have the benefit of any future legislation, except on condition of complete acceptance of all the provisions of this Constitution applicable to railroads. [New section. ] Sec. 22. Officer of railroad not to be interested in business.—No president, director, officer, agent or employe of any railroad company shall be interested, direct- ly or indirectly, in furnishing material or supplies to such company, or in the business of transportation as a common carrier of freight or passengers over the works owned, leased, controlled or worked by such company. {New section. ] Sec. 23. Discrimination between companies and individuals.—No discrimina- tion in charges or facilities in transportation shall be made between transportation companies and individuals, or in favor of either, by abatement, drawback or other- wise; and no railroad company or any lessee, manager or employe thereof, shall make any preference in furnishing cars or motive power. [New section. ] Sec. 24. Free passes, granting to State officers, forfeiture.—No railroad or ather transportation company shall grant free passes or tickets, or passes or tickets at a discount, to members of the General Assembly, or members of the Board of Equalization, or any State, or county, or municipal officers; and the acceptance of such pass or ticket, by a member of the General Assembly, or any such officer, shall be a forfeiture of his office. [New section. ] BANKS. Sec. 25. State banks and State owning stock in corporations forbidden.—No State bank shall hereafter be created, nor shall the State own or be liable for any stock in any corporation, or joint stock company, or association for banking purposes, now created or hereafter to be created. [See Const. 1865, Art. 8, Secs. 1 and 2.] Sec. 26. Act creating banks to be submitted to the people.—No act of the General Assembly authorizing or creating corporations or associations with banking powers (except banks of deposit or discount), nor amendments thereto, shall go into ‘m) See notation of cases in notes to Charter, Art. X, and also references to legis- lative acts there set out. 60 CONSTITUTION OF THE STATE OF MISSOURI. [ARTS. XII, XIII, XIV. effect, or in any manner be enforced, unless the same shall be submitted to a vote of the qualified voters of the State, at the general election next succeeding the passage of the same, and be approved by a majority of the votes cast at such election. [See Const. 1865, Art. 8, Secs. I and 2.] Sec. 27. Banks, insolvent, not to receive deposits.—It shall be a crime, the nature and punishment of which shall be prescribed by law, for any president, di- rector, manager, cashier or other officer of any banking institution, to assent to the reception of deposits, or the creation of debts by such banking institution, after he shall have had knowledge of the fact that it is insolvent, or in failing circumstances; and any such officer, agent or manager shall be individually responsible for such deposits so received, and all such debts so created with his assent. [New section. ] ARTICLE XIII. MILITIA. Section 1. Military duty, persons liable to.—All able-bodied male inhabitants of this State between the ages of eighteen and forty-five years, who are citizens of the United States, or have declared their intention to become such citizens, shall be liable to military duty in the militia of this State: Provided, That no person who is religiously scrupulous of bearing arms can be compelled to do so, but may be com- pelled to pay an equivalent for military service, in such manner as shall be pre- scribed by law. [Proviso new. Const. 1865, Art. 10, Sec. 1.] Sec. 2. Militia, organization of.—The General Assembly, in providing for the organization, equipment and discipline of the militia, shall conform, as nearly as practicable, to the regulations for the government of the armies of the United States. [New section. ] Sec. 3. Officers, election of.—Each company and regiment shall elect its own company and regimental officers; but if any company or regiment shall neglect to elect such officers within the time prescribed by law, or by the order of the Governor, they may be appointed by the Governor. L. CONnStALES Go. vAT teal OS Seco.) Sec. 4. Companies, infantry and cavalry may be formed.—Volunteer com- panies of infantry, cavalry and artillery may be formed in such manner and under such restrictions as may be provided by law. [New section. ] Sec. 5. Forces, privileged from arrest, when.—The volunteer and militia forces shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at musters, parades and elections, and in going to and returning from the same. [New section. ] Sec. 6. Officers, Governor shall appoint.—The Governor shall appoint the Adjutant-General, Quartermaster-General and his other staff officers. He shall also, with the advice and consent of the Senate, appoint all Major Generals and Brigadier Generals. [New section. ] Sec. 7. Arms and records, State shall keep.—The General Assembly shall provide for the safe keeping of the public arms, military records, banners and relics of the State. [New section. ] ARTICLE XIV. MISCELLANEOUS PROVISIONS. Section 1. Public lands—taxing land of United States and non-residents.— The General Assembly of this State shall never interfere with the primary disposal of the soil by the United States, nor with any regulation which Congress may find necessary for securing the title in such soil to bona fide purchasers. No tax shall be imposed on lands the property of the United States; nor shall lands belonging to persons residing out of the limits of this State ever be taxed at a higher rate than the lands belonging to persons residing within the State. [Const. 1865, Art. 11, Sec. 1.] Sec. 2. Immunity from punishment for acts during civil war, when.—No per- son shall be prosecuted in any civil action or criminal proceeding for or on account of any act by him done, performed or executed between the first day of January, one thousand eight hundred and sixty-one, and the twentieth day of August, one thousand eight hundred and sixty-six, by virtue of military authority vested in him, or in pur- suance of orders from any person vested with such authority by the government of the United States, or of this State, or of the late Confederate States, or any of them, ARTS. XIV, XV.] CONSTITUTION OF THE STATE OF MISSOURI. 61 to do such act. And if any action or proceedings shall have been or shall hereafter be instituted against any person for the doing of any such act, the defendant may plead this section in bar thereof. {Or of late Confederate States,” new. Const. 1865, Art. 11, Sec. 4.] Sec. 3. Dueling prohibited.—No person who shall hereafter fight a duel, or assist in the same as a second, or send, accept or knowingly carry a challenge there- for, or agree to go out of this State to fight a duel, shall hold any office in this State. [Const. 1865, Art. 11, Sec. 5.] Sec. 4. United States officer not to hold State office.—No person holding an office of profit under the United States shall, during his continuance in such Office, hold any office of profit under this State. ROOD SUwLSGoe Artal L.iseCay i.) See. 5. Tenure of office.—In the absence of any contrary provision all offi- cers now or hereafter elected or appointed, subject to the right of resignation, shall hold office during their official terms, and until their successors shall be duly elected or appointed and qualified. hCGonsts Loon, Art, 1).Sec: 8.1] Sec. 6. Oath of office.—A1ll officers, both civil and military, under the au- thority of this State, shall, before entering on the duties of their respective offices, take and subscribe an oath, or affirmation, to support the Constitution of the United States and of this State, and to demean themselves faithfully in office. [New section.] Sec. 7. County, City, etc., officers—removed from office, when.—The General Assembly shall, in addition to other penalties, provide for the removal from office of county, city, town or township officers, on conviction of willfull, corrupt or fraudulent violation or neglect of official duty. [New section. ] Sec. 8. Officers’ fees, etc., not to be increased nor term extended.—The com- pensation or fees of no State, county or municipal officer shall be increased during his term of office; nor shall the term of any office be extended for a longer period than that for which such officer was elected or appointed. (7) [New section. ] Sec. 9. Appointment of officers.—The appointment of all officers not other- wise directed by this Constitution shall be made in such manner as may be pre- scribed by law. [New section. ] Sec. 10. Lotteries prohibited.—The General Assembly shall have no power to authorize lotteries or gift enterprises for any purpose, and shall pass laws to prohibit the sale of lottery or gift enterprise tickets, or tickets in any scheme in the nature of a lottery, in this State; and all acts or parts of acts heretofore passed by the Legislature of this State, authorizing a lottery or lotteries, and all acts amendatory thereof or supplemental thereto, are hereby avoided. [See Const. 1865, Art. 4, Sec. 28.] Sec. 11. Officers having public funds, grand jury to investigate.—It shall be the duty of the grand jury in each county, at least once a year, to investigate the official acts of all officers having charge of public funds, and report the result of their investigations, in writing, to the court. [New section. ] Sec. 12. Members General Assembly not to be arrested, when.—Senators and Representatives shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest during the session of the General Assembly, and for fifteen days next before the commencement and after the termination of each session; and for any speech or debate in either house they shall not be questioned in any other place. [Const. 1865, Art. 4, Sec. 16.] ARTICLE XV. MODE OF AMENDING THE CONSTITUTION. [As to mode of amending Constitution, see Laws 1881, p. 88, and Laws 1883, p. 47.] Section 1. Constitution, how amended.—tThis Constitution may be amended and revised only in pursuance of the provisions of this article. [See Const. 1865, Art. 12, Sec. 1.] Sec.-2. General Assembly may propose amendments—submitted to vote.— The General Assembly may, at any time, propose 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 newspaper, if such there be, within each county in the State, for four consecutive weeks next pre- een Oho Dey Pury) AS NEA Os Se Oe ee es (n) See note and authorities to Charter, Art. XVI, Sec. 17. 62 CONSTITUTION OF THE STATE OF MISSOURI. [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 thequalified voters of the State, voting for and against any 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. 1865, Art, 12, Sec. 2.] See. 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 by 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. 1865, 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. County and probate 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 See. 4. Criminal courts.—Al1l 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 common pleas.—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. [SCHEDULE. CONSTITUTION OF THE STATE OF MISSOURI. 63 Sec. 6. Persons now in office.—Al1l persons now filling any office or appoint- ment in this State shall continue 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. 8. Bonded debt—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 sinking fund and thereafter applied to the payment of such indebtedness, and to no other purpose. Sec. 9. Election for adoption or rejection of this Constitution.—This Con- stitution shall be submitted to the people of this State for adoption 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. Poll-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. Ballots, form of.—At 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. Returns of election—proclamation by Governor.—The returns of the whole vote cast for the adoption 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 State 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 Auditor, 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 effect, 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. 14. Schedule to take effect,- 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 Constitution.—The General Assembly shall pass all such laws as may be necessary to carry this Constitution into full effect. Sec. 16. Existing executive officers, provisions as to.—The present Secretary of State, State Auditor, Attorney-General and Superintendent of Public Schools shall, during the remainder of their terms of office, unless otherwise directed by law, re- ceive the same compensation 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. 17. Arrests and preliminary examinations.—Section twelve of the Bill of Rights shall not be so construed as to prevent arrests and preliminary examination In any criminal case. 64 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. sf WALDO P. JOHNSON, President St. Clair county. N. W. WATKINS, Vice-President, Scott county. ADAMS, WASHINGTON, Cooper. ALLEN, DeWITT C., Clay. 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 Girardeau. 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. Louis GOTTSCHALK, LOUIS, St. Louis. HALE, JOHN B., Carroll. HALLIBURTON, W., Sullivan. HAMMOND, CHARLES, Chariton. HARDIN, NEIL CAMERON, Pike. HOLLIDAY, J. A., Caldwell. HYER, 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, HENRY THOMAS, St. Louis. NICKERSON, EDMUND A., Johnson. NORTON, ELIJAH HISH, Platte. PIPKIN, PHILIP, Jefferson. PRIEST, WILLIAM, Platte. PULITZER, JOSEPH, St. Louis. RAY, JOHN, Barry. RIDER, J. H., Bollinger. RIPPHY, J. R., Schuyler. ROBERTS, JAMES C., Buchanan. ROSS, J. P., Morgan. ROSS, JOHN W., Polk. RUCKER, JOHN FLEMING, Boone. SHACKELFORD, THOMAS, Howard. SHANKLIN, JOHN H., Grundy. [SCHEDULE. CONSTITUTION OF THE STATE OF MISSOURI. ATTEST: SHIELDS, GEORGE H., St. Louis. SPAUNHORST, HENRY J., St. Louis. SWITZLER, WILLIAM F., Boone. TAYLOR, JOHN H., Jasper. TAYLOR, AMOS RILEY, St. Louis. TODD, ALBERT, St. Louis. WAGNER, L. J., Scotland. WALLACE, HENRY C., Lafayette. G. N. NOLAN, Secretary. J. BOYLE ADAMS, Assistant Secretary. INDEX TO THE CONSTITUTION OF MISSOURI. A ABSENT MEMBERS— Art. Sec. attendance compelled ....... 4 18 noted on calling yeas and TTAVIST) asp ac ete tern ate tance mer anen te ~ 42 ACCUSED— FiShts. inverlminalecasescrrra: 2 22 ADJOURNMENT— of General Assembly......... 4 21-23 ADAOUGOD FDA WENT Maier sncisiccsts cree 2 21 ALIENS— Cannoteneldeoricem. cee 8 12 AMENDMENTS— COMMU IS aeOONS UT ClOemy kere: 2 3 to Missouri Constitution..... iS) 1-3 duty of Supreme Court... 15 2 OLMD ITS are eee een fey: AeA ORS 0 report of committee of con- LETEN CO Mae covchaivake serene rtareleriae 32 DyaeSUD Sti UU tl Ov gece te cern 4 34 APPEALS—. from Courts of Appeals...... 6 12 exclusive appellate jurisdic- tion of Supreme Court, 5 OL RAM GT tO ace oat cae re 6 where returnable, Sch....... {i APPORTIONMENT— of Representatives. «ose. 4 2-8 S@nators sh lacrareas eee eee « 2 t APPROPRIATIONS— OVdeErFOLiea heres Sreistste te hie 4 43 TO Wiad Cyeke oh atone ocean Se eee 10 19 when act takes effect........ 4 36 act may contain several SUDIECUS omracidaein dee ences 4 28 ARMS— Tight. to beavis were er mene cis 2 Nay, does not mean concealed W CADON Sie arlene celeron eines 4 ald not compelled to as military CLC DV ec ee ee Ra reac rene a yaaa 13 al Legislature provide for safe Kee DING peste eee conc: tf ARREST, who privileged from— lerislatonswpyac ke iccettes encrae 14 12 TIVLLICI a Ties te, Pe ee eee Cal rere rats iN 5) VOTES ier rhecetehebet cere eats cen autstoise nectelss 8 4 not to apply to arrests for CTIME SBS CHI Se acter pee tencauaae aXe 17 ATTA TN EB Recent wen gee aac okaatens 2D 13 ATTORNEY-GENERAL— is of the executive depart- MONG hs So ee enc a ele musts ate i! shall reside atecapitalie ses. 5 i election, term of office...... 5 2 returns, tie, how determined. 5 3 Qualification S#O fee. mciencscike 5 19 AUDITOR— Art. is of the executive depart- MON Cae clocte ey Sete ee = 55 shall reside at State capital. 5 election, term of office...... returns—ties, how determined 5 Ciualiti Cations 10 taet einen shall give information to GOVeErNnOr i eee 5 B BAIL— INV eneral ey yu eCLe e 2 excessive prohibited ........ 2 BANKS— State banks prohibited...... 12 State not to own stock...... 12 act creating submitted to DEODIGMRY Rites acre cence tere insolvent not to receive de- DOSITS#R. oak. oe ee eee 12 BILL OF RIGHTS— ODICCEFO TMA eee ee oe ere 2 BILLS— Sty legotelaws cer eee ee 4 amendments not to change Ori Pina lepuUrpOSeeat ten creas 4 origin of,—to be read, when. 4 reported upon and printed.. 4 but one subject, title, etc... 4 amendments engrossed and PLINTEdew. Pe seiers sere eke ee 4 returned from either house AMEN CEC ae ees oo tae ees 4 fnalsevioteson maw) eee 4 amendments how concurred LAR ieee eee desi el eh eres ea 4 act not to be revived by ref- GFENGCE Bic ce thet. he eee 4 amendments by substitution. 4 motion. to’ reconsider! ..>.... 4 laws, time of taking effect.. 4 to be signed by presiding OLMCersiat isd orton eo chee 4 to be approved by the Gov- SVNOT Mos fae esl cis cals te aonsienan eae ee 4 course if not approved...... 4 failure of Governor to ap- DIOV.CR. wee ft ansiekake ee oe seein 4 FOViSiOUs Ole) avy Ss eee ere eee 4 journal to be published—yeas andyNnayS Geneon aoe ee 4 BOARD OF HDUCATION .e are ist BOARD OF EQUALIZATION...10 BOUNDARIES of State... ..5 on i Cc CEMETERIES— churches may own land for. 2 CERTIORARI— jurisdiction of Supreme Court 6 INDEX TO MISSOURI CONSTITUTION. 67 CERTIFICATES OF INDEBTEDNESS— Art. Sec. rate to pay interest on...... 10 26 CHARITIES— WEREECOND OR COSCO biee sie crete-era ets a 6 10 6 CHARTERS— of large cities, judicial notice STE ee has nie edie weed at 16 POH CURGS MOL wiv nr cet cisisis © 9 Uy) PVs CMON ULE Soot ic Galil aie tandvere. cca steers 9 20-23 CHIEF JUSTICE— Nias SUDLTeMGe COUNT ssi. gins ss ost 6 5 DrACOULLLOL CAD DCA rt. ss vine 6 16 CHURCHES—See Religion and Re- ligtous Corporations. Sebyeqepedels (Ohi ce a ee he ae 2 Oat nolding real estate.......... 2 8 exempt from taxation....... 10 6 MOSAIC VELIIC SCALE. . oes eurans 2, fi no discrimination against.... 2 7 CIRCUIT COURT— HUGisGicLlonsand terms... o ; 6 22, 23 circuits may be changed..... 6 24 election, terms and duties of STUN CMRP tere ke ie suks. iat. ater k! oeuere cs 6 25 qualifications of judges...... 6 26 Sst OUlsnCOUN CY. 2st clea «> 6 at provision for additional 2 REG KEES. >... ag Fane Cae era 6 28 vacancy in office of judges.. 6 29 removal of judges for disabil- LG Veet ec. he oie cue. e bie. ors ctetels 6 41 CITIES— subscription by, prohibited.. 9 6 organization and classifica- TO TP at ce ces Boe Se 9 fi consolidation with county FHOMELIVINGI Gitar. chete specs a acdsie oe 9 15 charters of large cities...... 9 Ihe Uy See Municipal Corporations, St. Louts. CLERKS— CMOOULTS Ole A DDCAISs.. ws onic. 6 18 Cie sw DRemenCourt. oc. «.c2 s+ 6 Bik Mim PLODALESCOULUS Ac. aye, « o. e0e cree 6 35 CCL IONINO Libera cit fc etcisiis aie 2 oi Sis chal 6 35, 40 ELESMAUMNCECOMCESLS . ccroe o 4 20 PIMUSMETITTLCILG, (5 ov alsst’n waipliclsys «we 4 21-23 Governor may call extra ses- KES aR aes ap i REO, A Cnn eae me 5 9 TrecadoOm OL GeDSBte 4. ss sls 14 12 members free from arrest....14 12 delegation of authority...... 3 GOVERNMENT— originates from the people... 2 1 may be altered and abolished 2 2 local self-government ...... 3 PPT PUN et eo cdh tier dark, +, «eta 2 4 three departments Seer ea Nacteticlers 3 bee GOVERNOR— MOOTOV olwOlmbll Siti... + oc 4 srs ase 4 38 bills returned without ap- TEC WEL OE PeOUr edhe ta nts csjol wiciiat's: Sn) 34 edehc 4 39 Trarturedco, DErform ° , ’ ¥ 54, + 7p. J , - 7A Oh Pc i <, ‘ i j ‘Va t | (nee ‘J i an ' i vi . alt ~ er poll ‘ r yh , “ei la f i i 4 o>). wy ‘ t edt ' ; i ' ; Pa Pte ic si4 as a yA Ue ‘ ‘ i vi a a ret (4) aii s th ai | . ¢ FROME Mig iy : LF it ' tied it 73 uN , Vr ’ ; am | F , ral r a% } 5 ' sen ; ty . Tae ig anes fae me j ; ; brig sia) (ae ; Des = (moh oi fe ne oe Py ‘ ; i? at At a a oh j mags | ¥ S ae ; " , pS ogi * ¢ Pe s ; J : f hy 4 é is J Aus ad “f 7 ¥ Ly ay " ae ne , 4 RUA) ae ds ’ ~ 4 Sid Be 1) 3 a Fd 0, : Yon [ Ami CAA i i : i) 2 ; ony { ; : ; seat te dof i } : Th r, Vk ast , ; hr A Rin arg 5) Ne ae iat: tO bas tenes Ja try } / a ’ } , , if tf Ui nde my 7 we ls \y ‘Ft 1> id , he j oy, f i y : i é A 4 «if ‘ \ : ; > oe 4, Oe a R ‘a A COMPILATION OF LAWS —OF THE— STATE OF MISSOURI SPECIALLY APPLICABLE TO THE Cle byr OLS aE CET. Including those passed in 1907 by the 44th General Assembly. CONTENTS. Chapter 1 —Advertisements, legal. 2 —Animals, restraint of. 2a—Art Museum. 3 —Bonds, indemnifying, to officers. 4 ——Bridges and Tunnels. 5 —-Courts. Article I—Attorneys, circuit and prosecuting. Ii—Circuit Court. Il1I—Probate Court. IV—S&t. Louis Court of Criminal Correction. V—Juries. Vi—Justices of the peace and constables. ViI—Juvenile Courts. *Laws specially applicable to City of St. Louis, when valid, and when void, on the ground of being special and local. (1) The following were upheld as not being obnoxtovs to the constitution as spectal legtslation, or local law; Juventle Court Act: Ix parte Loving 178 Mo., 194, with full discussion of the cases on the general subject. Registration and Election Law: State ex rel. vs. Mason, 155 Mo. 486; Ewing vs. Heblizelle, 89 Mo., 64. Metropolttan Police Act: State ex rel. vs. Mason, 153 Mo., 238, 52. Justices of the Peace and Constables Act: Spaulding vs. Brady, 128 Mo. 653 and cases cited. Sheriff Act: Kenefick vs. St. Louis, 127 Mo. 1. Dramshop: See cases cited in Chap. 8 ef these laws, sec. 229-236; also State ex ‘rel vs. Bell, 119 Mo. 70, 76. School Board Elections: State ex rel. ws. Miller, 100 Mo. 439. (2) Legtslation Held Votd as special and local: Perr ate Judge on Salary: Henderson vs. Koenig, 168 Mo. 356 and see cases there Os . Election Law providing a severer penalty for St. Louis than provided by general law on same subject: State vs. Anslinger, 171 Mo. 600. Boulevard Act, prohibiting any but residences, etce., on certain streets: St. Louis vs. Dorr, 145 Mo. 466. Reconstruction of Streets, special tax bill—cost unlimited—Murnane vs. St. Louis, 123 Mo. 479. Amendment of St. Louts Charter by implication: Murnane vs. St. Louis, 123 Mo. 479; St. Louis vs. Dorr, 145 Mo. 466. (The doctrine of these cases forbidding special amendment by the legislature, of the eity’s charter, on municipal subject was subse- quently receded from, and it is now held that St. Louis is notin any one of the classes of cities established by the constitution, but is organized directly under Secs. 20-25 of Art. IX of the constitution: State ex rel. vs. Mason, 153 Mo. loc. cit. 52; Kansas City vs. Stegmiller, 151 Mo. 189, 204; State ex rel. vs. Mason, 155 Mo. 486, and other cases. See on this point introductory note “General Considerations on Charter,” at beginning of charter provisions, and as to amendment see Chart. Art. XVI, see. 19.) Judicial Notice is taken by the courts that St. Louis is the only city to which an act applicable “to cities of 300,000 inhabitants or over’ will apply: State ws. Anslinger, 171 Mo. 600, 610; State ex rel. vs. Miller, 100 Mo. 439, 450. And that St. Louis is a separate political sub-division of the State: State vs. Nolle, 96 Mo. App. 524; hence all appeals to which the city is a party go to the Supreme Court. See Charter Art. XVI, Sec. 6, and note. As to judicial notice of the Charter see note on “General Considerations Respecting the Charter,” introductory to the Charter. 78 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP si; 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. IiI—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. 20—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. IlI—Holidays, to officers of police. IV—Special police officer of Humane Society. Chapter 25—-Pharmacy, practice of. 26—Revenue, assessment and collection of. Article I—Assessment of property. II—The collector. IiI—Settlements of collector. IV—Delinquent and back taxes. V—Assessment and taxation of railroads. ViI—tTaxation 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. 29—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 32—Street grades, establishment and change of. 33—Street railroads. 33a—Subways. 34—-Tobacco and petroleum inspection. 35—World’s Fair. CHAPTER ONE. ADVERTISEMENTS—LEGAL.* 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 proposals 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 R. C. Secs. 2036-2046. The above State act applies to publications pertaining to judicial proceedings, and does not include sales by trustees under deeds of trust: Dart v. Bagley, 110 Mo. 42. CHAP 2.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 79 orders of publication required by law to be made. At the time and place so designated, said board, or a majority thereof, shall proceed publicly to open said bids, and shall award the printing of all said publications to the newspaper naming the lowest and best bid: Provided, however, 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 State, 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 proposals, as hereinbefore provided. (R. S. 1899, sec. 4692.) Sec. 2. Proceedings when contract expires.—In case said award for said pub- lication shall not be made until after the then existing contract for said printing shall have expired, the parties interested may, or in case of proceedings pending in court, the clerks thereof shall designate in what newspaper the publications re- quired in the meantime to be made shall be printed; and provided, further, that in case of the suspensions of the newspaper to which such contract shall have been awarded, or in case the said contract shall determine from any cause, the said board may proceed, in the manner hereinbefore stated, to make a new award of the pub- lication of such notices, without waiting the expiration of two years. (R.S. 1899, sec. 4693.) Sec. 3. Advertisements valid, when.—The publication of said advertisements, orders and notices, if made as aforesaid, in the newspaper so designated by said board or clerk, shall be valid and sufficient. But nothing in this chapter contained shall invalidate a publication of said notices, orders or advertisements published, by mutual consent and agreement of parties in interest, in some other newspaper; but all publications so made and agreed upon shall be as lawful and binding as though made in the newspaper so designated by said board or clerk. (R.S. 1899, sec. 4694.) CHAPTER TWO. ANIMALS—RESTRAINT OF.* Sec. 4. Certain animals prohibited from running at large.—lIt 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, sheep, 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, upon 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 more 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 copy 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 *Set out in Rev. St. 1899, pages 2557-2559. See, for general State law, Laws 1905, p. 47; Laws 1907, p. 65; Rev. St. 1899, Secs. 4767-4776; for Scheme and Charter provisions See Scheme, Art. 35; Charter Art. III, Sec. 26, clause 9; ordinances, see Rev. Code, Secs. 1576, 1577, 1578 and notation. The above State act is constitutional: State to use vs. Aubuchon, 8 Mo. App. 325. 80 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. (CHAP. 2. marshal on the owner 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 1877, p. 194, sec. 1.) Sec. 5. Sale of animal, when directed and how 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 if 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 1877, 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 ef 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 expenses 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 be given in case of redemption.— When such animal is redeemed at any time before 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 gale, in which shall be stated the amount of the costs and charges attending the proceedings, which bill of sale shall be in the following form: Sold, this day of , a domestic animal, described as follows: (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 such 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 compensation, 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 value 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 1877, p. 195, sec. 4.) Sec. 8. Proceeds of sale, how disposed of.—-After any sueh 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, D.WL9Ss sees Se) Sec. 9. Fees of officers.—There shall be charged and collected by the officers eharged 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 class, twenty-five cents per day, and the latter class, ten cents per day, and a reasonable compensation, 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 under CHAP. 2A.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 81 executions from justices’ courts. Such justice shall charge and receive the sum of ten cents per hundred words and figures for all records had in the premises, and the same for any other act required to be done by him as may be allowed by law for similar services in other proceedings, and the officer for recording such notice the same fees as for recording certificates of strays. And any constable or marshal who shall fail or refuse to perform any duty imposed upon him by this article shall forfeit his office, and the tribunal having power to fill such vacancy shall remove him and appoint another in his place. (Laws 1877, p. 19.6, sec. 6.) See. 10. Dispositions 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, together with amounts paid to claimants, shall be reported, giving dates of receipts and payments under oath or affirmation by him at the end of every three months, beginning on the first day of July, 1877, 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 1877, p. 196, sec. 7.) Sec. 11. Animals from adjoining 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 southern 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 Pela Ds LOG, sec. 8.) CHAPTER TWO. (A) ART MUSEUM.* Sec. lla. Authority for tax for art museum.—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 proper 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 vote “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 votes cast in such city upon such proposition for and against a one-fifth mill tax for the art museum shall be for the tax, 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 duty it shall be to fix the tax rate for such city shall have the tax for an art museum at the rate specified in consideration in fixing the tax rate, and shall so fix said rate that with and including such tax for an art museum the constitutional limitation ey taxing power of such city shall not be exceeded. (Laws 1907, p. 94, sec. 1. TE ee ee *This act of March 7, 1907, providing for the Art Museum (Session Laws 1907, p. 94), did not appear in time to be included in numerical order in the compilation, so’ is in- Serted here with alphabetical letters after the numerals. The authority conferred to Submit the question, whether the tax for the art museum should be imposed, to the voters, was exercised by the city in ordinance 22903, approved March 19, 1907. The vote resulted in favor of the tax, and the museum was established in Forest Park. 82 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP 2A. See. 11b. 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 works 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. (Ib., sec. 2.) Sec. llc. 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. lla 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 for 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. (Ib., p. 95, SOCIO Sec. 1ld. Term of office—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 and 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. (Ib., sec. 4.) Sec. lle. 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 part, 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 appropriate 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 appointees, and shall in general carry out the spirit and intent of this act in establishing and maintaining an art museum. (Ib., sec. 5.) Sec. 11f. 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, subject 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.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 83 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 public 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. (Ib., p. 96, sec. 6.) Sec. 11g. Report by board.—tThe 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 property, shall be verified by affidavit. (Ib., sec. 7.) Sec. 11h. What ordinances city may enact.—The legislative authority of saic 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. (Ib., sec. 8.) Sec. 11i. Donations and bequests—title how vested e-Aug 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 property so donated, devised or bequeathed in the board of control provided for by this act, to be held and con- trolled by such board, when accepted 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. (Ib., sec. 9.) Sec. 11j. Emergency.—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. (Ib., p. 97, sec. 10.) GhAt LER Like: BONDS, INDEMNIFYING, TO OFFICERS.* Sec. 12. Bond 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 indemnification bond be given. (Laws 1855, p. 464, sec. 1; R.S. 1899, p. 2550.) Sec. 138. 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 1855, p. 464, sec. 2; R. S. 1899, p. 2550.) Sec. 14. Claim to be in writing. i 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 *Sec. 6 of the act of 1859 (see infra), makes the act applicable only to the county (now city) of St. Louis. The amendment of 1859 (Laws 1858-9, p. 440; see also State ex rel. vs. Lumber Co., 170 Mo. 11-12) does not repeal the act of 1855 as to condition of the bond; and the claim must be made in conformity with the statute or the officer will not be protected: St. Louis Dairy Co. vs. Sauer, 16 Mo. App. 1. The officer may waive a formal written claim to property seized and, notwithstanding the informality of the claim, the claimant may maintain an action on the indemnity bond: State to use vs. Smit, 20 Mo. App. 50. This statute is local to St. Louis and emphasizes the fact that a failure to provide a similar remedy throughout the State is a casus omtssus of the Legislature: Smith ex rel. vs. Rogers, 191 Mo. 334, 342. The constitutionality of the act was attacked, but not much discussed in State ex rel. vs. Lumber Co., 170 Mo. 7. 84 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP 3. 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.) See. 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. 466, sec 43 RirvS.01899..p2b542) 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.) See. 17. Officer, when 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. 18. 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; Re Siok 89 9sepenao ole) Sec. 19. Effect of overruling 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; RYS2 18939. p.-25512) Sec. 20. Officer, when 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 case 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 itis amendatory. (Laws 1858-9, p. 438, sec 1; R. S. 1899, p. 2552.) Sec. 22. 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 claimed, and the indemnification bond demandable of the plaintiff or his agent shall be in double the value 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 property 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 135 8-9 7p. 1439; Séc/92) BAS. FI S99D peop) CHAP 4.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 85 Sec, 23. When court may require bond.—Whenever suit is brought against any sheriff, marshal, constable or other duly authorized officer, or his sureties, or the representatives of any of them, on account of any 1evy 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 aforesaid, the officer 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 the 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 1858-9, p. 440, sec. 3; R. S. 1899, p. 2552.) Sec. 24. Proceedings for the distribution of money, etc.—Whenever money made on any execution or 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 payment of such money on the motion of any persen interested therein, and on stich 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; R. S. 1899, p. 2552.) Sec. 25. Bond under claim for specific property.—In a suit for the possession of specific personal property, the bond required of the plaintiff, 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, appraisement is directed to be made of property 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-§, p. 440, sec. 5.) Sec. 26. Nature and extent of this act.—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. (Laws 1858-9, p. 440, sec. 6; R. S. 1899, p. 2553—e.) CHAPTER FOUR. OF BRIDGES AND TUNNELS. Section 27. Power to build or acquire bridges and tunnels, and maintain approaches to same.—All cities in this state having one hundred thousand inhab- itants or over are hereby given the power and authority to build or acquire by purchase, lease, gift or otherwise, within their corporate limits or within a reasonable distance outside thereof, a bridge or bridges, or a tunnel or tunnels for public use by railroads, street cars, vehicies of all kinds and pedestrians, over or under rivers and streams in Missouri or those forming a boundary between this and other states, and to acquire, hold, use and retain by purchase, lease, gift or otherwise, land to be used for approaches for and in the construction, operation and maintenance of said bridge or bridges, tunnel or tunnels, in this and other (e.) See note at head of chapter. 86 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. (CHAP. 5. states, and to maintain, use and operate said bridge or bridges, tunnel or tunnels, either as toll or free bridges or tunnels, as may by said cities be deemed expedient. (Laws 1905, p. 94—a.) (CHARGE any ee OF COURTS. Art. Ly SAttormey ss. Circuita ands Lrose- | Art. IVa. Court of General Sessions. cuting. Art. We ah ies. Art. II. Circuit Court. ; : Sree Art. Lil. Probate Courts. Art, VI. Justices of the Peace and Con- Art. IV. St. Louis Court of Criminal Cor- : stables. rection. Att. Vil Juvenile Court: ARTICLE I. ATTORNEYS, CIRCUIT AND PROSECUTING.* See. 28. Election of circuit attorney for city of St. Louis.—At the general election to be held in this state in the year 1892, and every four years thereafter, there shall be elected in the city of St. Louis one circuit attorney, who shall reside in said city, and shall possess the same qualifications and be subject to the same duties that are prescribed by this act for prosecuting attorneys throughout the state, and it shall be the duty of the city register of said city to transmit to the secretary of state an abstract of the votes given for each candidate for circuit attorney in said city, in the same manner as is required by law of clerks of county courts. (R. S. 1899, sec. 4959—Amended Laws 1907, p. 70—D.) Sec. 29. Duties of assistant circuit attorney.—It shall be the duty of such [the] assistant to aid generally in the performance of the same duties as are by law enjoined on the prosecuting attorney, and he shall be subject to the same fines and penalties for misdemeanor in office or neglect of duty. (R. S. 1899, sec. 4960—c. ) Sec. 30. Prosecuting and assistant prosecuting attorney of St. Louis.—At the general election to be held in this state in the year 189V and every four years thereafter, there shall be elected in the city of St. Louis, for the St. Louis court of criminal correction, one prosecuting attorney and one assistant prosecuting attorney, who shall reside in said city and shall possess the same qualifications and be subject to the same duties as are now provided by law for the government of said officers; and the duty of transmitting the abstract of the votes by which said officers are elected, heretofore devoiving upon the county clerk, shall be per- formed by the register of said city, as provided in section 4959, R.S.1899. (R.S. 1899, sec. 4961—d.) Sec. 31. Compensation of prosecuting and circuit attorney of St. Louis.—The circuit attorney, the prosecuting attorney and assistant prosecuting attorney of the city of St. Louis, shall receive the same compensation, payable in like manner, as is now provided by law. (R. S. 1899, sec. 4962—-Amended Laws 1907, p. 70—e.) Sec. 32. Governor to commission.—The attorney-general, prosecuting at- torneys, the circuit attorney, the prosecuting attorney and assistant prosecuting attorney for the city of St. Louis, shall be commissioned by the governor and shall hold their offices until their successors are e:ected, commissioned and qualified. (R. S. 1899, sec. 4963; Amended by Laws 1907, p. 70—.) (a) See also Laws 1903, p. 57. For ordinance authorizing issuance of bonds for free bridge across the Mississippi from St. Louis, see ord. No. 22366. The validity of these bonds was sustained by the circuit court and at this writing the matter is pending after submission in the Supreme Court in the case of Haeussler et al vs. St. Louis et al. And for acts of Congress relative to a bridge across that river at St. Louis, see act approved June 25, 1906, (requiring same to be built as required by act of March 23, 1906) and see also act of Feb. 27, 1901. That the city has no power to cause or permit obstruction of a navigable stream, such being a national highway, see West Chicago Ry. vs. Chicago, 201 U. S. 506; State ex rel. vs. Longfellow, 169 Mo. 109; Myers vs. St. Louis, 82 Mo. 367, affirming Ss. Cc. 8 Mo. App. 266; see also 8. c. 113 U. S. 566. *Laws 1905, p. 51, herein below set out, (which is in turn amended in Laws 1907, p. 70) expressly repeals the act of March 18, 1901, (Laws 1901, p. 48) and also all inconsistent acts. As there may be some question as to how far the then'‘existing laws are affected, the latter are set out in full in the next succeeding sections. (6) The amendment by Session Laws 1907 consists in omitting the words “and one assistant circuit attorney.” (c) Presumably this section is to be regarded as superseded. (2) Office and functions of assistant prosecuting attorney not abolished by Laws 1877, p. 354; information properly lodged with that officer: State vs. Speritus, 191 Mo. 24, 38; State vs. Daly, 49 Mo. App. 184. An Assistant may generally act in the same manner and to the same extent as the Prosecuting Attorney: Browne’s Appeal, 69 Mo. App. 159 (Kansas City officer). (e) See Laws 1905, secs. 6 and 6, as amended by Laws 1907, p. 70, set out below, with respect to compensation. The act of 1907 amends the above section 31 by omitting the words “and assistant Circuit attorneys.” Cf) The 1907 amendment consists in omitting the words “and assistant circuit attorney.” ART. I.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 87 Sec. 33. Vacancies, how filled.—If any vacancy shall happen for any cause in the office of attorney-general, circuit attorney, prosecuting attorney or assistant prosecuting attorney, the governor, upon being satisfied that such vacancy exists, shall appoint some competent person 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. 1899, sec. 4964; Amended Laws 1907, p. 70—g.) Sec. 34. Prosecuting attorney, when to appear in St. Louis Court of Appeals. —Every prosecuting attorney of any county 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 appear in behalf of the state in the St. Louis Court of Appeals, 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 Appeals. (R. S. 1899, sec. 4965.) Sec. 35. Compensation in certain cases.—All 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. 4966—h.) Sec. 36. 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 shall 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—~.) Sec. 37. Duties of clerk.—It shall be the duty of said clerk to attend to all duties assigned him by said circuit attorney, appertaining 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 paid.—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. 1899, sec. 4969.) Sec. 39. Prosecuting and ¢ircuit attorneys to 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 which 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 respective offices. (R.5S. 1899, sec. 4978.) Sec. 40. Not to accept employment of others, except in civil 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 appointed and qualified, to accept any employment by any party, except in civil cases, other than the State of Missouri. Any 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 or indirectly, or te 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 party, or for aiding, promoting, coun- seling 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. 42. Violation of act forfeits, office.—If any officer specified in section 4978 shall be convicted of the violation of any of the provisions of sections 4979 and 4980, he shall forfeit the office to which he shall have been elected or appointed and qualified. (R. 8. 1899, sec. 4981.) Sec. 43. Penalty for same—bribery.—Any 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. 4982.) (g) Same as preceding note. (hk) See Laws 1905, infra. (7) Ibid. as to employment of clerks under the present laws. 88 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5. Sec. 44. May be suspended upon indictment—Governor to appoint successor. —Any officer specified in section 4978 who shall be indicted for the violation of section 4980 may, in the discretion of the court of which he is an officer, or of the judge thereof, by an order of record in the records of such a court, be suspended from the office to which he shall have been elected or appointed and qualified, until said indictment shall have been disposed of in favor of such officer, or until said officer shall have been acquitted thereon by the verdict of a jury. And in case of such suspension, the court making the same shall forthwith transmit, by mail, to the Governor of the state of Missouri, a copy of said order of suspension, certified under the seal of said court by the clerk thereof, and upon the receipt of said certified copy of said order of suspension, it shall be the duty of the Governor immediately to appoint and commission a successor to such suspended officer, which successor shall possess the qualifications for said office prescribed by law, and shall, during said suspension, perform the duties and receive the salary pre- scribed for said office by law. (R. 5S. 1899, sec. 4983.) See. 45. Restoration to office—prosecution of indictment.—If upon a trial of such suspended officer upon the indictment by reason whereof such suspension was made, such officer shall be acquitted by the verdict of the court having jurisdiction thereof, then said suspended officer shall, by an order of the court by which said suspension was made of record, be restored to the office from which he shall have been suspended, and the commission and authority of the successor of such sus- pended officer shall thereupon cease and determine: Provided, that when the Governor shall appoint and commission a successor to such suspended officer, as hereinbefore provided, the prosecution of the indictment upon the faith whereof such suspension was made shall be conducted by the successor so appointed and commissioned. (R. 8S. 1899, sec. 4984.) Act of March 13, 1905, as Amended March 30, 1907. Sec. 46. In St. Louis circuit attorney to appoint five assistants—how made— powers and duties.—In every judicial circuit of the state, which circuit embraces a city which now may have, or which may hereafter have, a population of three hundred thousand inhabitants or more, the circuit attorney of such circuit is hereby authorized and empowered to appoint five assistant circuit attorneys. Such appointments shall be in writing and approved by a majority of the judges of the criminal division of the circuit court of such circuit, and when so approved, shall be entered upon the minutes of all the courts of said circuit exercising criminal jurisdiction. Before entering upon the duties of their office, such assistants shall be severally sworn to support the Constitution of the United States and to faith- fully demean themselves in office, and their duties shall be to assist the circuit attorney generally in conduct of his office, under his direction and subject to his control; and said circuit attorney and his assistants shall institute and prosecute all criminal actions in all courts of said circuit exercising criminal jurisdiction (except the court of criminal correction in the city of St. Louis). (Laws 1907, p. 70 amending laws 1905, p. 51, sec. 1—/.) Sec. 47. Clerks’ and stenographers’ duties.—Said circuit attorney may also appoint five clerks or stenographers, whose duty it shall be to act as clerks or stenographers to the circuit attorney, and, when so directed by the circuit attorney, said stenographers shall take down and transcribe for the use of the circuit at- torney, evidence before the grand jury or before any court of said circuit exercising criminal jurisdiction or before the coroner at any inquest. But before taking down any evidence before the grand jury, such stenographer shall be sworn to secrecy and shall not divulge any testimony which he may there have heard except to the circuit attorney, or when lawfully required to do so, in any court of record. Said stenographer shall also perform such other services as the circuit attorney may direet. “(Laws 1905, p.251, sec?i2:) Sec. 48. Tenure.—The assistant circuit attorneys, clerks and stenographers appointed under the provisions of this act shall hold office from month to month and shall be removable at any time by the circuit attorney at his option. (Laws 1905, py 52, ‘sec. "37) Sec. 49. Assistant attend grand jury.—Said assistant circuit attorneys, when so directed by the circuit attorney, may attend upon the grand jury. (Laws 1905, p. 52, sec. 4.) Sec. 50. Salaries.—Said assistant circuit attorneys appointed under the provi- sions of this act, shall each receive a salary of three thousand dollars a year. The clerks or stenographers appointed under this act shall each receive a salary not to ex- ceed twelve hundred dollars a year, each. Such salaries shall be payable in monthly (7) Authority of assistant prosecuting attorneys in St. Louis (before these acts): State vs. Spiritus, 191 Mo. 24, 38. The amendment to the above section in 1907 (Acts 1907, p. 70) increases the assistants from four to five, because in the same the provisions for the assistant circuit attorney is repealed. ART. 2.] STATE LAWS SPXCIALLY APPLICABLE TO ST. LOUIS. 89 installments at the end of each month out of the treasury of the city in such circuit having the population above prescribed. (Laws 1905, p. 52, sec. 5.) Sec. 51. Compensation of circuit attorney—disposition of fees.—The circuit attorney of such circuit shall receive in lieu of all fees in criminal cases and in lieu of all other salary, a salary of five thousand dollars a year, payable monthly at the end of each month from the treasury of said city. The circuit attorney’s fees shall continue to be taxed as heretofore, but when collected, shall be turned into the treasury of said city. All circuit attorney’s fees in criminal cases not paid by the state shall be collected by the clerk of the criminal division of the circuit court and by him paid into the treasury of said city. When such fees are paid by the state, they shall be paid into said city treasury in the manner now provided by law. (Laws 1905, p. 52, sec. 6.) Sec. 52. Fees—contingent fund—disposition.—The treasurer of said city shall set aside the circuit attorney’s fees so turned into the treasury of said city to be used as a contingent fund for the circuit attorney for the payment of the incidental expenses in bringing parties and witnesses from other states or countries and in properly preparing causes for trial, attending trial on changes of venue, attending at the taking of depositions, in printing briefs, and appearing before the appellate courts of the state, and generally such expenses as he may be put to in the proper and vigorous prosecution of the duties of his office. Such fund shall be paid out as needed to the circuit attorney by the said city treasurer out of said funds in the treasury of said city not exceeding five thousand dollars in any year upon warrant of the circuit attorney approved and signed by the judges of the criminal division of the circuit court of said circuit. At the end of each year said treasurer shall pay into the general revenue fund of such city any balance that may be in his hands from fees so collected exceeding the sum of one thousand dollars. (Laws 1905, p. 52, sec. 7.) Sec. 53. Inconsistent acts repealed.—All acts and parts of acts inconsistent herewith are hereby repealed. (Laws 1905, p. 52, sec. 8.) Sec. 54. Emergency.—The present inadequacy of the force of assistants and other officers to the circuit attorney, and the lack of provisions for the payment of the incidental expenses of circuit attorney’s offices, creates an emergency within the meaning of the constitution; therefore, this act shall take effect and be in force from and after its passage. (Laws 1905, p. 52, sec. 9.) Approved March 138, 1905. Act of April 15, 1907. Sec. 54a. Circuit attorney may appoint assistant, and deputy.—In every judicial circuit of the State, which circuit embraces a city which now may have or which may hereafter have a population of three hundred thousand inhabitants or more, the circuit attorney of such circuit, in addition to the number of assistant circuit attorneys and clerks already authorized under existing laws, is hereby authorized and empowered to appoint one additional assistant circuit attorney and one deputy circuit attorney, whose duties it shall be to assist the circuit attorney generally in the conduct of his office, under his direction and subject to his control. Such appointment shall be in writing and approved by a majority of the judges of the criminal division of the circuit court of such circuit, and when so approved shall be entered upon the minutes of all the courts of said circuit exercising criminal jurisdiction. Before entering upon the duties of their office, such additional assistant circuit attorneys and deputy circuit attorneys shall be severally sworn to support the Constitution of the United States and to faithfully demean themselves in office. Sec. 54b. Duty of assistant—removal.—The additional assistant circuit at- torney and deputy circuit attorney appointed under the provisions of this act shall hold office from month to month, and shall be removable at any time by the circuit attorney at his option. Sec. 54c. Salary.—Said additional assistant circuit attorney, appointed under the provisions of this act, shall receive a salary of three thousand dollars a year. The deputy circuit attorney, appointed under this act, shall receive a salary not to exceed eighteen hundred dollars a year. Such salaries shall be pay- able in monthly installments at the end of each month, out of the treasury of the city in such circuit having a population above prescribed. Sec. 54d. Emergency.—The passage of an act creating the St. Louis Court of 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 emergency within the meaning of the Constitution; therefore, this act shall take effect and be in force from and after its passage. 90 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5: ARTICLE II. COURTS, CIRCUIT. See. 55. Constitutional provision.—The circuit court of St. Louis county [city] shall 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. (1875) Art. Vit sec. 272° RS. 18995 p. 2033—k..) Sec. 56. 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. (Laws 1905, p. 127, sec. 1.) See. 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. (Ib., sec. 2.) Sec. 58. Election, etc.—At the general election held in the city of St. Louis in November, 1906, 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. (Ib., sec. 3.) Sec. 59. Criminal causes—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 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 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—1.) 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 commissioner’s court transferred to the circuit court.—On the first day of January, 1866, all jurisdiction then vested in the Saint 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 (k) _ Section construed and the relation between the divisions of the circuit in St. Louis discussed, see: Haehl vs. Wab. Ry., 119 Mo. 325; State ex rel. vs. Withrow, 133 Mo. 500; Voullain vs. Voullain, 45 Mo. 602. Under the power to increase the 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. The last prior law created two new judges (then making eleven) and appears in Laws 1903, p. 142; the number was made nine in 1895: Laws 1895, p. 121. (2) 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, 1905. Reading the two together, it is thought the law is as appears above. This section supersedes the former law as appears infra in Sec. 8&4. ART. 2.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. g] will become constituted under the fifteenth section of the sixth article of the con- stitution of this state. (Laws 1855-6, p. 71, sec. 1; Cons. 1865, art. VI., secs. 14 and 15; R. S. 1899, p. 25338, sec. 2.) Sec. 62. Unfinished business of said courts transferred to circuit court.—On that day, all unfinished business remaining in any of said first named three courts shall be transferred to said circuit court, by which the same shall be proceeded with, determined and closed up in the same manner as might have been done by 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. (Laws 1865-6, p. 71, sec. 2; R. S. 1899, p. 2534, sec. 3.) Sec. 63. Certain cases to be remanded to circuit court from supreme court.— All 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 decision of the Supreme Court thereafter made remanding the same, be remanded 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 shall be directed to the said circuit court, and be returned by the clerk thereof. (Laws 1865-6, p. 72, sec. 3; R. S. 1899, p. 2534, sec. 4.) Sec. 64. Judgments of said courts enforced in circuit court—liens and execu- tions.—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 if 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 such judgment or decree in any case authorized by law. (Laws 1865-6, p. 72, sec. 4; R. S. 1899, p. 2534, sec. 5.) Sec. 65. Return of certain process and proceedings thereon.—All1 writs, rules, process andeorders issued or made by any of said first named three courts, and returnable to any 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 valid, 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 either 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 January, 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 1865-6, p. 76, sec. 2; amended Laws 1865-6, p. 72, sec. 5; R. S. 1899, p. 2534, sec. 6.) Sec. 66. Records of said courts transferred to circuit court.—On the day aforesaid, the several clerks of said first named three courts shall deliver all the books, papers, records, furniture and other effects belonging to their respective offices to the clerk of said circuit court, who shall thereafter have charge thereof, and be responsible therefor, and perform such duties ip relation thereto as he is required by law to perform in regard to similar things appertaining to his own office; and he shall, when required, make and certify copies, transcripts ana exemplifications of any such books, papers and records. And the said circuit court shall 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 1865-6, Bec, sec. 6; R. S. 1899, p. 2534, sec. 7.) Sec. 67. Change of venue.—After the day aforesaid, no change of venue shall 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 undue 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. Louis criminal court, which court shall have jurisdiction to try and determine any case sent to it by such change of venue. Every application for a change of venue shall be made to said circuit court at the general term. (Laws 1865-6, 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 annually 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; ReSe899)-p7 2635 48e0..99 Sec. 69. 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. At 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.%2, sec. 95° RS. 01399, pi abe 0j usec 10.) Sec. 70. 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. 1899, 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, and 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 exercise all the powers and functions which he might have and exercise if he were the sole judge of the court. (Laws 1865-6, p. 73, sec. 11; R. S. 1899, p. 2536, sec. 14—o.) Sec. 74. Power of special term over 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. 78, sec. 138; R. S. 1899, p. 2536, sec. 15.) Sec. 75.—Powers 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. 2536, sec. 16—~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 (m) See Tilford vs. Ramsey, 438 Mo. 410. The power to make rules conferred by Art. 6, Sec. 27 of the Constitution, was only intended to confer authority at general term to make such rules as would secure uniformity in the several divisions of the St. Louis Circuit Court: State ex rel. vs. Withrow, 133 Mo. 500. A rule of the circuit court which is in conflict with a right given by statute is void: State ex rel. vs. Withrow, 135 Mo. 376. (x) Relation and powers at general or special term: Haehl vs. Wabash Ry., 119 Mo. 325; Voullaire vs. Voullaire, 45 Mo. 602; Stripling vs. Maguire, 108 Mo. App. 594, 600; Tilford vs. Ramsey, 43 Mo. 410; State ex rel. vs. Eggers, 152 Mo. 1. c. 487. o) See cases supra. (p) State ex rel. vs. Eggers, 152 Mo. 485, 487. ART. 2.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 93 court shall not demand 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 making any copy to go out with such writ, but the fees therefor shall be taxed and collected as other costs. (Laws 1865-6, p. 74, sec 19; R. S. 1899, p. 2536, sec. 17.) See. 77. Jurors, how furnished.—After the said last named day, the jury commissioner of St. Louis county shall, in the manner prescribed by law, furnish to gaid circuit court, from his jury list, the names of a sufficient number of jurors to serve in said court, before the several judges thereof at special term. (Laws 1865-6. p. 75, sec. 23; R. S. 1899, p. 2536, sec. 18.) See. 78. Mechanics’ liens, all mechanics’, material men’s, builders’, laborers’ and artisans’ liens in the county [city] of St. Louis shall be filed in the office of the clerk of said circuit court, who shall perform all duties in relation thereto which were theretofore performed by -or. incumbent upon the clerk of the St. Louis land court. (Laws 1865-6, p. 75, soc. 24° R. SS. 1899, p. 2536, sec. 19.) See. 79. Certain abstract of judgments to be continued.—On and after said day, the clerk of said circuit court shall keep in his office the 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, 1855, 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. (Laws 1865-6, p. 75, sec. 25; R. S. 1899, p. 2536, sec. 20.) See. 80. Cases triable, when.—Suits instituted in said circuit court shall be triable at the return term thereof in all cases in which the defendants have been summoned personally, or by copies left at their usual place 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. 81. St. Louis criminal court to consist of ied divisions.—F rom and after the passage of this act, the St. Louis 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 perform all the duties now belonging to said court as at present constituted. One of said divisions shall be 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 aud 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, perform all the duties and exercise all the powers of said office of judge in division number two thereof. (Laws 1895, p. 131; R. S. 1899, p. 2537, sec. 21—4gq.) Sec. 82. Governor to appoint additional judge—qualifications—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, 1897, and additional judge of the St. Louis criminal court. The judge so appointed 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 be 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. (Ib., p 131, sec. 2—dq.) Sec. 83. Terms of court—ofifcers and their duties. —The terms of said crim- inal court shall, until changed by law, continue to be the same as they now are, and each division thereof shall sit for the triat of causes and other business at each of the said terms. The clerk of said court as now established and his successors shall, after the passage hereof, perform the duties of his office for both divisions thereof, and be the clerk of both. The circuit attorney and assistant circuit attorney of their [the] city of St. Louis and the [their] respective successors shall, after the passage hereof, perform all the duties of their respective offices in and for both divisions of said court which are now, under the existing law, performed by them in and for the said court as now established. (Ib., p. 131, sec. 3. R.S. Boo, p. 2537, sec. 24.) Sec. 84. Assignment of causes—how made.—[As soon as may be after the appointment of the additional judge of said criminal court above provided for, all causes, motions and other proceedings and matters which, at said time, may be pending undisposed of in said court, shall be allotted and assigned for disposition (gq) These sections are superseded by later enactments, the pregent law being acts 1905, p. 127-128, which see supra. * 94 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5. to said several divisions therecf by the said judges in such manner as_ they may agree to, or, in case of their disagreement, in such manner as they and the then oldest in commission of the judges of the circuit court of the city of St. Louis, or a majority of them, and said circuit judge, may direct—such assignment to be made as to give to each division as nearly an equal proportion of such undeter- mined business as possible. All cases, proceedings and other business arising and coming within the jurisdiction of said court, after the appointment of said ad-. ditional judge, shall, upon its so arising, be assigned to said two divisions re- spectively for determination and disposition, in such manner as said judges, or a majority of them and said circuit judge, may direct. Each division of said court shall have full power to carry out and enforce all judgments, decrees or orders which have been rendered or made before the appointment and qualification of said additional judge, the same as said court might have done if this act had not been passed. RiiS.71899,-p. 2537 sec: (25— Jy) Sec. 85. Changes of venue to other divisions in cases of prejudice or interest. —Whenever, after the appointment and qualification of said additional judge, any application for change of venue shall be made in any cause pending in either of the said divisions of said criminal court, on account of the prejudice, or interest, or other legal ground of objection to the judge of said division, then said cause shall be transferred to the other division thereof for trial or other disposition. (Ib., 132, S600. RYeS21899) pi 2dasy seen un Sec. 86. St. Louis criminal court abolished—jurisdiction vested in circuit court.—On the first Monday of January, 1897, the St. Louis criminal court, and the offices of the judges and clerk thereof, shall be abolished, and all jurisdiction and powers then vested in said court or the judges thereof shall be transferred to, vested in and thereafter exercised by the circuit court of the city of St. Louis and the judges thereof, as said court will on that day be constituted under the consti- tution and the laws then in force, and thereafter said circuit court and judges, ex- cept in cases of which the St. Louis court of criminal correction has jurisdiction, shall have the same jurisdiction in criminal cases and matters arising in said city that under the constitution and laws is or may be vested in other circuit courts of the state. (Ib., p. 1382, sec. 6. R. 8S. 1899, p. 2538, sec. 27—s.) Sec.-87. Circuit court to finish up remaining business.—On that day all un- finished business remaining in said criminal court shall be transferred to said cir- cuit court, by which the same shall be proceeded with, determined and closed up in the same manner as might have been done by said criminal court if it had continued in existence. In all cases so transferred, said circuit court shall take judicia) no- tice of all entries of record made therein before the transfer thereof. (Ib., p. 132, sec. TL RES VL OS apa os SeCreee) Sec. 88. In cases of appeal or writ of error judgment to be remanded to circuit court.—All cases which prior to said day may have been taken by appeal or writ of error from said criminal court to the supreme court or the St. Louis court of appeals, shall, upon any judgment or decision of the supreme court or court of appeals thereafter made remanding the same, be remanded to said circuit court, and be there proceeded with as if the same had been taken from that court; and if any party to any action or proceeding in said criminal court shall, on or after said day, desire to sue out a writ of error therein, such writ shall be directed to the said circuit court, and be returned by the clerk for criminal causes thereof hereinafter mentioned. (Ib., p. 182, sec. 8. R.S. 1899, p. 2538, sec. 29.) Sec. 89. All judgments and decrees of criminal court unsatisfied shall be en- forced by circuit court—liens to continue in circuit court.—A1l1l judgments and de- crees of said criminal court remaining unsatisfied, unperformed or unexecuted shall be enforced by the said circuit court, in the same manner as if the same had been rendered or made therein. The lien of all such judgments and decrees shall continue as if the laws establishing said court were still in force, and may be re- vived by the said circuit court, in the manner provided by law for reviving the lien of its own judgments and decrees; and the clerk for criminal causes of said circuit court may, whenever required, issue execution on any such judgments or decree in any case authorized by law. (Ib., p. 138, sec. 9. R.S. 1899, p. 2538, sec. 30.) (7) Superseded by Laws 1905, p. 127-128, Secs. 4 and 35, set forth above [Sec. 59]. (s) The circuit court, under this section, has jurisdiction over misdemeanors pun- ishable by imprisonment in the penitentiary, the court of criminal correction over those Poa. 6a by impgsonment in jail, or fine, or both: State ex rel. vs. Foster, 187 Mo. 9 ART. 2.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. Q5 Sec. 90. Writs, rules and process, how returnable.—AI1] writs, rules, pro- cess and orders issued or made by said criminal court, and returnable to any term thereof which would be held after the day aforesaid if said court continued in ex- istence, and which shall not have been returned before that day, shall be valid, and be returned to said circuit court at such time as they would respectively have been returnable in said criminal court, and the said circuit court may enforce the return feeregr. (10... Dp, 133, sec. 10. R.:S. 1899) p. 2539, sec: 31.) Sec. 91. Clerk of St. Louis criminal court shall deliver books, records, furni- ture, etc., to clerk for criminal causes in circuit court.—On said first Monday of January, 1897, the clerk of said St. Louis criminal court shall deliver all the books, papers, records, furniture and other effects belonging to his office to the clerk for criminal causes of said circuit court, who shall thereafter have charge thereof and be responsible therefor, and perform such duties in relation thereto as he is re- quired by law to perform in regard to similar things appertaining to his own office; and he shall, when required, make and certify copies, transcripts and exemplifica- tions of any such books, papers and records; and the said circuit court shall have the same power and control over the books, papers and records so transferred to it, including the power to alter and amend the same in the cases allowed by law, as it has or may have over its own books, papers and records. (Ib., p. 133, sec. 11. Mesto o9. Dp. 2539, sec. 32.) Sec. 92. Salary of judges.—From and after the first Monday of January, 1897, each of the judges of said circuit court of the said city shall receive yearly, in addition to the amount allowed by law to the several judges of the circuit courts, to be paid out of the state treasury, the further sum of three thousand five hun- dred dollars, to be paid’ out of the treasury of said city in monthly installmenis, which installments the municipal assembly of said city shall cause to be duly paid feeasaejudaeces, (1b., p..133, sec. 12.° R. S. 1899; p.°2539; sec. 34.) Sec. 93. Transfer and disposal of criminal causes—criminal causes to have precedence—grand jury.—On the first Monday of January, 1897, or as soon there- after as may be, the judges of said circuit court of the city of St. Louis, sitting in general term, shall assign two 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 shall thereupon be transferred for trial and disposition, in such proportions between themselves as said [court] in general term shall determine, all of the unfinished cases, actions and proceedings which shall have been, on the first Monday of January, 1897, transferred to said court from the said criminal court. The judges so assigned for the trial of said criminal cases, 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, replace 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 it made into said division. (Ib., p. 133, sec. 13; R. S. 1899, p. 2539, sec. 35.) Sec. 94. Office of clerk for criminal causes created—fees and compensation— amount of bond—term of office.—On and after the first Monday of January, 1897, there shall be 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 court by the clerk thereof. From and after said day in January, 1897, and until the first Monday of January, 1899, 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 LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 6. of January, 1897, is allowed to said clerk of said criminal court for like services, but not retaining in any year a greater amount of fees 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, but 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. (Ib., p. 134, sec. 14; R. S. 1899, p. 2540, sec. 36.) Sec. 95. Circuit and assistant circuit attorney shall manage 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. .(Ib., p. 135, sec. 15; R. S. 1899, p. 2541, SEC. io Vs Sec. 96. Changes of venue, how eifected.—After said first Monday of Jan- uary, 1897, changes of venue shall be allowed from said circuit court in any criminal ease 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. (Ib., p. 135, sec. 16; R. S. 1899, p2b4Losece ssh 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- tions 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. CIDYrpel Soy BeCTVIAG IN war Loe oy peed el SObwe oor) Sec. 98. Inconsistent acts repealed.—All acts and parts of acts inconsistent with this act are hereby repealed. (Ib., p. 135, sec. 18.) Sec. 99. Emergency 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. (Ib., p. 135, sec. 19.) Sec. 100. Amount to be retained by circuit clerks and clerks of criminal courts—appointment of deputies—compensation, 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 exceeding 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 ART. 3—4.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 97 more, the clerks of courts having criminal jurisdiction in such city or county shall receive an amount not exceeding five thousand dollars per annum for 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 deputies, 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 such counties and cities. (Laws 1905, p. 154; amending R. S. 1899, sec. 3271.) Sec. 101. Emergency clause.—The increase in the number of criminal divisions of circuit courts in this state and thenecessity 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. Pipy sec. 2.) ARTICLE III. OF PROBATE COURTS.* 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 1865-6, p. 73, sec. 1; R. S. 1899, pD. 2041.) ? Sec. 103. A court of record.—Said court of criminal correction shall be a court of record, and shall possess 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 1869, p. 194, sec. 1; R. S. 1899, p. 2541—7.) Sec. 104. Election, qualification and terms of judge 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 prosecuting 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 trom 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. Appointment, powers and pay of provisional judge.—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 the circuit court; and in the absence, sickness or other incapacity to act of the *The acts relating to Probate Courts, specially applicable to the City of St. Louis, Passed in 1897 (Acts 1897, p. 82; R. S. 1899, Secs. 6244, 6245 and 6246), were held void in Henderson vs. Koenig, 168 Mo. 356 (See s. Cc. 192 Mo. 690). Thereafter at the session of 1905, a new act was passed, general in its terms, but inconsistent with the prior Special act and operating to supersede the same, even if valid. The St. Louis Probate Court is now governed by that act: Laws 1905, p. 155-157. **Act creating the Court of Criminal Correction is not unconstitutional: State vs. Ebert, 40 Mo. 186. (4) See note infra, Sec. 114. 98 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5. judge of said court, said provisional judge shall 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, for a period exceeding one day, 1t 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 county [city] out or the salary of said judge. (Laws 1869, p. 195, sec. 4; R. S. 1899, p. 2542—w.) Sec. 106. 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 1869, p. 195, sec. 5; R. S. 1899, p. 2542.) Sec. 107. Certificate of election and commission of judge.—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 thereupon issue a commission to the person so certified to be elected as judge of the St. Louis court of criminal*correction»)(Liaws 1869, pnp. 195, sec.6; ho of Loo delee ee Sec. 108. Powers of judge.—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 determine the same, administer oaths, take and acknowledge recognizances in all cases within the jurisdiction of said court, and in eases 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, shall be prepared or approved by said prosecuting or said assistant prosecuting 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—v.) Sec. 109. Salary of judge 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 county [city] of St: Lows. (Laws 1873; pnb. see.7ss"R28.518995 p20 456) 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, DV LOO PISEC LD aT) Ord oo Garo cre) Sec. 111. Fees 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, oer other process issued out of said court. (Laws 1869, p. 196, sec. 10; R. S. 1899, p. 2548.) Sec. 112. Statements of fines, penalties and forfeitures.—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. (u) Special judge of this court, see State ex rel. vs. Wilder, 198 Mo. 166, 173. (v) When this section is taken in connection with other sections, it does not follow that a continuance granted by the Court of Criminal Correction without the knowledge of a surety, operates to release the latter: State vs. Epstein, 186 Mo. 144. 147. The judge has no power to release on habeas corpus, one indicted for murder, where either of the criminal courts are in session: State ex rel. vs. Murphy, 132 Mo. 382. This court performs the dual function of an examining magistrate and of a trial court, depending on the nature of the cause: State vs. Hoeffner, 44 Mo. App. 543. ART. 4.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. gg? Louis county [city], and said clerk 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 1869, p. 196, sec. 11; R. S. 1899, p. 2543—w.) 3 Sec. 113. Court-room and offices—stationery—marshal.—The county court [municipal assembly] of St. Louis county [city] shall provide rooms for said court, and the clerk thereof, 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 for 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 attorney’s office, with fuel and light, and other things, as may be necessary for the court. The marshai [sheriff ] 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, upon the application of the clerk of Said court. (Laws 1869, p: 196, sec. 123 R. S. 1899, p. 2543.) See. 114. Jurisdiction.—Said court shall have exclusive original jurisdictiom of all misdemeanors under the laws of the state committed in St. Louis county [city], the punishment whereof is. by fine, or imprisonment 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 in relation to which the jurisdiction of said court shall be concurrent with them; and 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 city of St. Louis: Provided, that any action pending or which has been decided in either of said courts may be pleaded 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 city 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 thereupon proceed to institute such prosecution as required by law; any willful failure on the part of said chief of police, or other officer whose duty it shall be to aet in the premises, to comply with the provisions of this section, shall be deemed a misdemeanor, whereof the party 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. 138; R. S. 1899, p. 2544—w2.) Sec. 115. Appellate 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 appealed 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. 14; meee. 1699, p. 2543.) (w) The court has no authority to require the sheriff to pay into court money collected on fines and forfeitures which go into the school board funds; it can only order a settlement and have the amount found due transmitted to the school board: In re Staed, 116 Mo. 537. (x) The St. Louis Court.of Criminal Correction is of statutory origin; and while for some purposes it is denominated a court of record, it is not one proceeding accord- ing to the course of the common law, is of limited and special jurisdiction and does not possess any jurisdiction not expressly conferred on it: State vs. Anderson, 191 Mo. 134; Ex Parte O’Brien, 127 Mo. 477; State ex rel. vs. Murphy, 132 Mo. 382, 384; St. Louis vs. Saitz, 160 Mo. 74, 76. A sentence to jail instead of the work house is not for that reason void: State vs. Bougher, 7 Mo. App. 573 (memo.) As to imprisonment in the House of Correction, in- stead of work house, of minors under certain age, see In re Larkowski, 94 Mo. App. 623. As to place and length of imprisonment, see note to sec. 133 below. The Court of Criminal Correction has jurisdiction over misdemeanors punishable by imprisonment in jail or fine or both, and the Circuit Court over such misdemeanors as are punishable by imprisonment in the penitentiary: State ex rel. vs. Foster, 187 Mo. 590, 600. The Court of Criminal Correction had exclusive original jurisdiction of all misdemeanors at the time of its establishment in 1866, in the then county of St. Louis, but now only in the City of St. Louis. 198 Mo. 166, 172. This court is a criminal court ot the meaning of the statutes: State ex rel. vs. Wilder, 198 Mo. 166, 171 and cases ed. Right to naturalize aliens: 39 Fed. 49. 100 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5. Sec. 116. Sessions—continuances.—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 1869, p. 197, sec. 15; R. S. 1899, p. 2543—~y.) 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 1869, p. 197, sec. 16; R. S. 1899, p. 2543—z.) Sec. 118. Recognizances 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 1869, p. 197, sec. 17; R. S. 1899, p. 2544—a.) 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 1869, p. 197, sec. 18; RR; 8. 1899, p. 2545.) Sec. 120. Prosecutions to be by information—proceedings.—No 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. An 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; if 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; if 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—b.) (vy) 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 those conferred on magistrates by sec. 2448 R. S. 1899; hence a continuance for more than ten days without consent of a surety on the defendant’s bond, does not release the surety: State vs. Epstein, 186 Mo. 144. z) The provision of the 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 preliminary 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; in 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. (6) 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 Ib; 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 Assistant 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 information 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, 187 Mo. 590, 601, 609. ART. 4.| STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 101 Sec. 121. Statutes of jeofails.—The statutes of jeofails, as applicable to criminal proceedings and pleadings, shall apply 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. (Laws 1869, p. 197, sec. 20; R. S. 1899, p. 2545.) Sec. 122. Proceedings when felony appears—same in criminal court, as to misdemeanors.—If, in the course of any proceeding in said court, by information 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 bail 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; Hie. 1899, p.. 2546.) Sec. 123. Convictions for less offense.—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 1869, Dp, 198, sec. 23; R. S. 1899, p. 2545.) Sec. 125. Insolvent law not applicable, when.—No person 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 payment 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 executions.—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 executions 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 prosecuted and issued from the supreme 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. 2546—d.) Sec. 128. Power over officers collecting fines.—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, penalties 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, feeLes, sec. 21; R. S. 1899, p. 2546.) (c) See In re Lorkowski, 94 Mo. App. 623, 627 et seq, discussing the bearing of this and other provisions. (d) The court of criminal correction, being of limited jurisdiction, possesses only such powers as are conferred upon it by statute, which with respect to the time of writing and filing a bill of exceptions is at the time or during the term of the court at which they are taken or within such time thereafter as the court may by an order entered of record allow. If the bill is not filed at the time and as there are no terms of court, in the absence of an order of court entered of record extending the time for its filing, a bill of exceptions will be disregarded by the appellate court: St. Louis vs. Saitz, 160 Mo. 74, 76. All appeals, from any decision, must be taken within three days after trial, and bills of exception should be signed and filed before the appeal is taken. Where counsel consent that time be granted to file bills of exceptions and take appeals, the consent should be entered of record: State ex rel. vs. Judge St. L. Ct. Crim. Cor., 41 Mo. 598. A writ of error may be prosecuted by the State to review a judgment of the St. L. Ct. Crim. Cor. quashing an information as based on an unconstitutional law: State vs. Burgdoerfer, 107 Mo. 1. A defendant may appeal to review a judgment based on violation of a city ordinance, being a civil action, but the city must proceed by writ of error: St. Louis vs. Marchel, 99 Mo. 475. 102 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5. Sec. 129. Lists of officers, 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 1869, p. 198, sec. 28; R. S. 1899, p. 2546.) Sec. 130. Supervision over property found on person of offenders.—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; po 198isec: 29tARE BAS 99 ss. 2b 46%) 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, if the defendant be acquitted, and judgment shall be rendered and execution issued therefor against him. (Laws 1869, p. 199, sec. 80; 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 proper, but the punish- ment assessed is greater than under the circumstances of the case ought to be ‘inflicted: Cuaws 1869; p.199,-sec: 377 Ro S218 995 pp. 2046)) Sec. 133. Sentence and place 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 by reason of his or her failure to pay any fine or costs that may be imposed by said court. (Laws 1869, p. 199, sec. 32; R. S. 1899, p. 2546—e.) Sec. 134.—Sentence includes hard labor—rules.—Every person committed to the work-house, or other place of punishment provided by said county [city], by said court of criminal correction, shall be put 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. 1899, p. 2547—f.) Sec. 135.—Payment of fine 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 élerk 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 (e) This section is valid in so far as it fixes the place of imprisonment, and void in so far as it fixes a different punishment from the general law: Ex Parte Thomas, 10 Mo. App. 24, following Jilz Case, 3 Mo. App. 243; see also In re Jilz, 64 Mo. 243, 246. In State vs. Buchardt, 144 Mo. 83 also, this section in so far as inflicting a different pun- ishment for petit larceny than the general State law, is held unconstitutional, but the conviction (for one year) was sustained because of another statute allowing at the courts’ discretion, sentence to the workhouse instead of county jail, and the sentence here was for the same period. See also In re Lorkowski, 94 Mo. App. 623, holding that a prisoner 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 eases above 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 (secs. 1742 et seq.) and note to R. C., sec. 1265. (f) This section fixing the allowance at fifty cents per day is in conflict with sections 2384 and 1793 of the R. S. 1899, allowing one dollar per day to the prisoner, and the latter, passed at a subsequent date, operates to repeal the former: In re Lor- kowski, 94 Mo. App. 623, 629, also discussing the provisions relating to commitment to House of Refuge instead of workhouse and holding them partly void. In a concurring opinion Judge Goode holds the law of commitment to House of Refuge void altogether ART. 2.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 103 work-house, that the execution against such person has been fully satisfied, where- upon such person shall immediately be discharged from said work-house or place of punishment. (Laws 1869, p. 199, sec. 34; R. S. 1899, p. 2547.) Sec. 136. Place of imprisonment, how provided.—The county court of St. Louis county shall have power to contract with the city of St. Louis for the use of the city work-house for the purpose of confining and. putting to labor therein the persons convicted in said court, or said county 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 1869, p. 199, sec. 35; R. S. 1899, p. 2547.) See. 137. Appeals from police court.—Hereafter all appeals from the police court or the police judges of the city of St. Louis [in the county of St. Louis], shall be made to, and tried and determined by, the St. Louis Court of Criminal Correc- tion, in the same manner as provided by law in regard to other cases of appeal to said court. (Laws 1873, p. 358, sec. 1; R. S. 1899, p. 2547—g.) Sec. 138. Costs in criminal cases.—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 provided, 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 permit. (Laws 1881, p. 107; R. S. 1899, p. 2547, sec. 37—h.) eC Lo Uc Fee- bill, how made and certiiigite atom édlarein upon the passage of this act, the clerk of said court shall tax fees in all cases as provided 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 shal) 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 1881, p. 1073 R: 8S. 1899,-p. 2547.) ARTICLE IVa. COURT OF GENERAL SESSIONS.* Sec. 139a. Court of record 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 provided, and it shall possess generally the powers, perform the duties, and be subject to the restrictions of a court of record according to the laws of this state. (Laws 1907, p. 212, sec. 1.) Sec. 139b. Election and qualification of judge, appointment.—At the gen- eral election in November, 1908, and every four years thereafter, there shall be elected by the quai:ified 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 appoint a judge of said court, who shall serve as such judge until the first Monday in January, 1909, or until the duly elected judge of said court shall be qualified. (Ib., p. 213, sec. 2.) Sec. 139c. Appointment, powers and pay of provisional judge.—In the event of the sickness, absence, or any inability to act, of the judge of said court, the circuit court in the city of St. Louis, or any judge thereof, in vacation, may appoint for the time being a provisional judge of said court, who shall possess the qualifications above prescribed, and such provisional judge for the time being, having first taken the oath of office, shall have all the powers and perform all the duties conferred and imposed by law upon the judge of said court. If the sick- ness, absence, or inability to act, of the regular judge shall continue, at any one time, for a period exceeding one day, it shall be the duty of the clerk of said court to certify the fact to the auditor of the city of St. Louis, who shall deduct, (g) Appeals from the Police Court to the Court of Criminal Correction under this section are to be taken as appeals from convictions before justices of the peace else- where in the State; the affidavit for appeal should be filed the same day of the convic- tion, unless some 00d reason for delay is shown: St. Louis vs. Gunning Co., 138 Mo. 347. See further as to appeals Session Laws 1907, p. 91. And see particularly note to sec. 1305 of Rev. Code. (hk) State ex rel.. vs. Wilder, 198 Mo. 1. c. 172. *This court was created at the 1907 session of the Legislature (act of April 15, 1907) and too late to permit of insertion of the sections in regular succession, hence the use of alphabetical lettering. 104 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5. in his next monthly payment, from the salary of said regular 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 service and duties of such judge he shall receive the same salary as said regular judge, to be paid out of the treasury of the city of St. Louis out of the salary of said regular judge. (Ib., sec. 3.) Sec. 139d. Jurisdiction of court and judge, salary.—faid court of general sessions shall have exclusive jurisdiction in the city of St. Louis of the hearing and determination of all preliminary examinations of charges of felony, and in misdemeanors, as hereinafter provided, and the judge of said court shall possess all the power of an examining magistrate in felony cases as exercised by justices of the peace generally under the laws of this state. Said judge shall be a conservator of the peace within the city of St. Louis; he shall have power to issue writs of habeas corpus in matters of a criminal nature, and determine the same, to administer oaths and affirmations, and to take and acknowledge recognizances in all cases within the jurisdiction of said court. He shall receive an annual salary of four thousand dollars, to be paid in monthly installments by the city of St. Louis. (Ib., sec. 4.) — Sec. 139e. Clerk of the court.—The clerk of the circuit court for criminal causes in the city of St. Louis shall be ex officio clerk of said court of general sessions; he shall have power to appoint one or more deputies for service in said court, as necessities may require, under the direction of said court, and in addition to the salary now allowed to him by law he shall receive a further compensation not to exceed $2,500.00, to be retained out of the fees and costs collected by him, as now provided by law. Said amount of $2,500.00, to be applied to the payment of the salaries of deputy clerks and to be in full therefor. He shall have charge of the books, papers, records and seal of the said court of general sessions and the business pending therein, and shall perform generally all the duties of a clerk of a court of record therein. Said clerk shall keep a seal of said court of general sessions, with such emblems and devices as shall be prescribed by the judge of said court, which seal shall be used by said clerk in attesting all writs, process, papers and documents signed and issued by him; and all such writs, process, papers and documents shall be signed by him as clerk of the St. Louis court of general sessions. (Ib., sec. 5.) Sec. 139f. Informations and process.—After the going into effect of this act, all causes and proceedings in said court of general sessions shall be instituted and prosecuted by the circuit attorney of said city of St. Louis and his assistants. All informations setting forth the offense in preliminary examinations on charge of felony shall be prepared and lodged by said circuit attorney or his assistants, and shall bé sworn to before the clerk of the circuit court for criminal causes as ex officio clerk of said court of general sessions. All warrants and process in such cases shall be issued under the hand of said clerk with the official seal of said court thereto affixed, as above provided. (Ib., p. 214, sec. 6.) Sec. 139g. Sessions and continuances.—Said court of general sessions shall be in session on each and every day in the year, except on Sundays and on national and state holidays. The proceedings therein shall be conducted in a summary manner, and no continuance shall be granted to the state nor to the defendant for a period longer than three days except upon the affidavit of the party applying therefor: Provided, that the court may establish such rules in relation to con- tinuances as shall be just and proper to prevent undue delay, or to prevent injustice to the defendant, and the costs of any continuance shall be taxed against the party applying therefor, unless the court for good cause shall otherwise order. (Ib., sec. 7.) Sec. 189h. 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. All examinations shall be conducted during the open sessions of said court, and all persons may freely attend the same; and the court may assign counsel to defendants under the same circumstances as in other criminal trials. The court may establish rules of practice for the convenience and dispatch of business, not inconsistent with the laws of the state. (Ib., sec. 8.) Sec. 139i. Statutes of joefails.—The statutes of joefails, as applicable to criminal proceedings and pleadings, shall apply to all informations lodged in said court; and the court shall have power to permit any amendments of informa- tion, process or proceedings in furtherance of the ends of justice at any time before the determination of the cause. (Ib., sec. 9.) Sec. 139j. Recognizances.—Said court shall have power to take recog- nizances in all cases within its jurisdiction and to declare forfeiture of the same. When judgment of forfeiture has been entered on any such recognizance, the clerk ART. 4a.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 105 must certify and return to the circuit court division having eriminal jurisdiction in said city the recognizance and a transcript of his record in relation thereto, to be proceeded on in said circuit court as other forfeited recognizances in criminal cases in said circuit court. (Ib., sec. 10.) Sec. 139k. Proceeding when misdemeanor . appears.—Whenever, in the course of any proceeding in said court upon an information for felony, it shall appear that the defendant has been guilty, in the particular matter, of a mis- demeanor only, the court shall discharge the defendant from the felony charge and may admit him to bail to answer to an information for the misdemeanor to be filed by the prosecuting attorney in the court of criminal correction, or, in default of bail, commit the defendant to jail to await such action by said prosecut- ing attorney; but no such commitment shall be for a longer period than forty- eight hours; and if no such information be filed in said court of criminal correc- tion within such period, the defendant shall be discharged. But if the defendant in such case shall desire to plead guilty to such misdemeanor and to receive sentence therefor, waiving his right to a jury and to an information for the misdemeanor, the court may accept such plea of guilty and assess such punishment as may be fixed by law for the offense, and issue a commitment or execution therefor, with the same force and effect as if such defendant had been tried for such misdemeanor in the court of criminal correction, and the record shall show the whole proceedings. (Ib., p. 215, sec. 11.) Sec. 1391. Duties of circuit attorney, etc.—It shall be the duty of the circuit attorney, or such assistants as he may designate, to attend at his office on each day of the week except Sunday and national and state holidays at all reasonable hours, for the purpose of preparing all complaints, affidavits, informations and pleas required by law to be lodged in said court. (Ib., sec. 12.) Sec. 139m. Chief of police; reports to circuit attorney.—It shall be the duty of the chief of police of the city of St. Louis, within twenty hours after the arrest by the police of any person for felony under the laws of this state, to report to the circuit attorney the name of the person so arrested, and the name of the prosecuting witness and of any other material witnesses known to the police, and said circuit attorney or his assistants shall thereupon proceed to institute such prosecution as is required by law if, in the judgment of such circuit attorney, the evidence presented to him is sufficient to justify a prosecution. (Ib., sec. 13.) | Sec. 139n. Sheriff, duties and fees.—The sheriff of the city of St. Louis shall attend said court of general sessions, execute all writs and process issued therefrom, and discharge all such other duties in and about said court as are now required by law of sheriffs in attendance upon circuit courts, and shall be allowed the same fees for all such services as are now allowed him for the same in the court of criminal correction, to be taxed and collected as other costs in criminal cases. (Ib., sec. 14.) Sec. 1390. Witnesses, fees, attendances, etc.—Witness fees shall be allowed and taxed only when claimed in open court, or to the clerk on the day of attend- ance, and at the rate of fifty cents per day for each day’s attendance. (lIb., sec. 15.) Sec. 139p. Costs, fee bills.—AlIl the provisions of the act concerning costs in criminal cases shall be held to apply to the St. Louis court of general sessions, and the duties devolved by said act upon the officers therein named are hereby devolved upon the officers of said court; and such costs shall be paid as in said act provided, 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 permit. (Ib., sec. 16.) Sec. 139q. Clerk’s report to auditor of collections.—The clerk of said court shall, once every three months, make and certify to the auditor of the city of St. Louis a detailed statement of all the fines, penalties, and forfeitures imposed by said court and collected by the sheriff, and said clerk shall at the time make a like statement of all fines, penalties and forfeitures and of all fees and costs collected by him and shall pay the same into the city treasury at the time of making said required statement, less the amount allowed to be retained by him, as provided in section five of this act. (Ib., p. 216, sec. 17.) Sec. 139r. Supervision over officers and property.—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 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. (Ib., sec. 18.) Sec. 139s. Rooms for court and officers.—The municipal assembly of the city of St. Louis shall provide rooms for said court and for the clerk thereof, in 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. (Ib., sec. 19.) } Sec. 139t. Stenographer of the court.—The judge of said court shall appoint a stenographer of said court, who shall hold his office from month to month, during the pleasure of said court, who shall receive a monthly salary of $150.00, 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 perform the duties and receive the sam¢ compensation per diem as the regular stenographer. (Ib., 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. (Ib., sec. 21.) See. 139v. Court 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. (Ib., p. 217, sec. 22.) Sec. 139w. Emergency.—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 prosecutions, 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. Ib:, ‘sec: 235) ARTICLE V. JURIES. Sec. 140. Commissioner, how 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 thirty 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 gaid city. (Laws 1879, p. 28, sec. 1; R. S. 1899, sec. 6539—i.) Sec. 141. Qualifications of commissioner.—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 1879, p. 28, sec. 2; R. S. 1899, sec. 6540.) Sec. 142. Appointment to be 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 appointed 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. AT Bi] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 107 appointment, unless he shall sooner cease to reside in such city, or become other- wise disqualified or removed from office. A majority of the judges, for the time being, 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 anove provided, in respect of the original appointment, shall, in like manner, be filed 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 them, with- out delay, to fill such vacancy by appointment of some person possessing the proper qualifications hereunder, in like manner as hereinbefore provided. (Laws 1879, mene weec. Oo; Koo. 1899,.sec. 6541.) Sec. 143. Oath of commissioner.—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 1879, p. 29, sec. 4; R. S. 1899, sec. 6542.) Sec. 144. 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 appropriated 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 provided for. The municipal assembly of said city shall also, from time to time, provide said jury commissioner with suitable accommodations, and with the necessary fuel, stationery, books and furniture for the proper discharge of his duties. (Laws 1879, p. 29, sec. 5; R.S. 1899, sec. 65438.) Sec. 145. 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 provided concerning the appointment of such jury commissioner. Said judges, or a majority of them, or said commissioner, may, at pleasure, remove any deputy so appointed, 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 impartially 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 deputy 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. Laws 1891, p. 171; R. S. 1899, sec. 6544.) Sec. 146. Pay 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 provided for and paid monthly, in like manner as above pro- vided for the payment of the salary of such jury commissioner. But said auditor shall not audit or certify any claim for a salary in favor of any such deputy, 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 proper discharge of the duties of said office. (Laws 1879, p. 30, sec. 7; R. S. 1899, sec. 6545.) 108 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5. See. 147. Duties of commissioner.—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 person 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 exempt 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-fame, 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 any 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, if challenged for that cause, by either party of the suit; and the court may excuse such person without challenge by either party. (Laws 1879, p. 30, sec. 9; R. S. 1899, sec. 6547—/.) Sec. 149. 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 he 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 deputy, 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 person so refusing to jail, there to remain until he shall be sworn and answer the questions so put to him. And whoever shall willfully and corruptly make and swear to any false answers to any questions put to him by the said jury commissioner 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 (7) The disqualification of nersons who cannot read and write Englist., is consti- tutional: State vs. Welsor. 117 Mo. 570. Dentist not exemnted: State ex rel. vs. Fisher, 119 Mo. 344: Fire Wardens: In re Powell. 5 Mo. App. 220. Serving on jurv more than VEN gt twelve months: Williamson vs. Transit Co. 100 S. W. 1072 (Sup. Ct: March 19, 1907). ART. 5.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 109 than three nor more than twelve months, or by fine not less than five hundred dollars, or by both fine and imprisonment. Said commissioner and each of his deputies may administer any oath authorized by this act. (Laws 1879, p. 31, sec. 10; R. S. 1899, sec. 6548.) Sec. 150. Jury lists, how made up.—As soon as practicable after the first day of September, 1879, 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 next hereinafter mentioned, the name, residence and occupation of each person residing in said city and liable to jury duty under this act, obtained by him under the foregoing provisions. Such book shall be prepared with suitable rulings and headings, 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 prepared 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 off 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 place 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 performance of his duties generally, as they may judge the public interest to require, which order shall be obeyed by said commis- een PUbuaws 1s 1 9,6p. 101, sec, bls R.oSys.1899;sec. 6549.) Sec. 151. Notice, how given to exempts.—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 opposite politics, and in not more than two newspapers 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 persons claiming legal exemption from jury duty to produce 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 1879, p. 32, sec. 12; R. S. 1899, sec. 655v.) Sec. 152. Exemptions, 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 isi. Dp. o2, sec. 13; Ri S. 1899,.sec, 6551.) Sec. 153. Courts to pass upon exemptions..—Whenever the commissioner shall refuse to mark the name of any person as exempt on said register of jurors who shall within said time have claimed exemption, he shall give to such person 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 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 legally entitled to exemption on the ground certified by the commissioner to have 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 commissioner. (Laws 1879, p. 32, sec. 14; R. S. 1899, sec. 6552.) 110 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAPSS- Sec. 154. Names, how copied 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 hollow 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. 6553.) 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 of, 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 jin 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 burned or otherwise effectually 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 proper officer of any of said courts, the names of jurors as herein- 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 staung 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. Jurors, how summoned.—Whenever the jury commissioner shall furnish to the proper officer cf 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, ART. 5.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. lll or he shall show the court good cause for not having done so. The court shall investigate the 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 such 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 upon 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 1879, p. 34, Seo. 1. Kc Sen e Ooy pec: 6555. ) Sec. 157. Absent juror. No person who cannot be found to be summoned shall, for that reason, be dropped from the panel until, and after repeated efforts to find him, the court shall so order. (Laws 1879, p. 34, sec. 18. R.S. 1899, sec. 6556.) Sec. 158. Excuses, how dealt with.—Whenever any person summoned as a juror under this act shall be excused by the court from service, the court shall de- cide whethey he shall be excused for the year ending on the last day of September next ensuing, or only temporarily. If excused for the year, his name shall be dropped from the panel, but if excused temporarily, the court shall designate the time when he shall serve, and the sheriff or other proper official shall see that he be then in attendance. (Laws 1879, p. 34, sec. 19. R.S. 1899, sec. 6557.) Sec. 159. Time and length of service of juror. Each of said courts herein- before referred to may direct from time to time the number of jurors to be sum- moned for said court, and how long they shall be summoned before their at- tendance shall be required, and how long they shall serve, and may make all rules and orders by it deemed proper touching the jury service of the court, not incon- sistent with the provisions hereof, and may enforce the same by attachment and by fine not exceeding one hundred dollars. Each of said courts shall also see that the commissioner discharge his duty faithfully. And it shall be lawful for either of said courts, if and whenever it shall appear to such court that said jury commis- sioner has, in any respect, willfully neglected or violated his duty under the pro- visions of this act, to fine him not exceeding two hundred and fifty dollars. And it shall be the duty of the clerk of such court, immediately upon the imposition of any such fine, to enter the same of record in said court, and to certify the date and the amount thereof to the auditor of said city, by whom the said amount shall be deducted from the salary of said commissioner next thereafter falling due, until the same shall be liquidated. (Laws 1879, p. 34, sec. 20. R.S. 1899, sec 6558.) See. 160. Bribery of commissioner—punishment.—wW hoever shall, directly or indirectly, give or offer, or agree with any person to give to the said jury commis- sioner, or to any of his deputies, any money, goods, right in action, or any other valuable consideration, gratuity or reward, or shall make or enter into any prom- ise, undertaking or security for the payment of any money, or for the giving, as- signing or transferring of anything of value to the said commissioner, or any sf his deputies, or to any other person, with intent to influence or induce the said com- missioner, or any of his deputies, to omit or strike from the jury list hereinbefore required to be made out and Kept, the name of any such person, or of any other person, or with intent to induce or influence the said commissioner, or any of his deputies to omit to put the name of such person or of any person on a ticket as required by this act, or with intent to induce or influence said commissioner, or any of his deputies, to omit to deposit in the wheel which said commissioner is required to keep, a ticket bearing any name which under the provisions hereof, it shall be the duty of said commissioner to deposit in said wheel. or with intent to influence or induce the said commissioner, or any of his deputies, to delay or omit to do any other act or thing which he is required by law to do, or to do any unlawful act or thing in or relating to the duties of his office of commis- sioner or deputy, shall, on conviction thereof, be adjudged guilty of a misdemeanor, and be punished by imprisonment in the jail of said city for not less than six nor more than twelve months, or by fine of not less than five hundred dollars, or by both such imprisonment and fine. (Laws 1879, p. 35, sec. 21. R. S. 1899, sec. 6559.) Sec. 161. Punishment of commissioner and deputies.—If the said jury com- missioner, or any of his deputies, shall, directly or indirectly, accept or receive, or agree to accept or receive of another, any money, goods, right of action or other valuable consideration, gratuity or reward, or any promise, undertaking or security therefor, in consideration of his omitting to do any act or thing which he is re- quired by law to do as such commissioner or deputy, or in consideration of his doing any unlawful act or thing in his office of commissioner or deputy, he shall, 112 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. LCRA ah on conviction, be adjudged guilty of a misdemeanor, and shall thereby forfeit hfs office, and in addition thereto shall be punished by imprisonment in the jail of said city for not less than six months nor more than two years, or by fine of not less than five hundred dollars, or by both such imprisonment and fine. (Laws 1879, p. 35, sec. 22. R.S. 1899, sec. 6560.) Sec. .162. Omission of sheriff, how punished.—If the sheriff or marshal, or any other officer of any of said courts hereinbefore mentioned, charged with exe- cuting the process thereof, shall willfully or negligently refuse or omit to perform any duty required of him under the provisions of this act, or shall, in pursuance of any direct or indirect agreement, or by collusion with any person, and with in- tent to evade or permit to be evaded, any duty by this act required of him, per- mit or enable any person to escape from, or evade being summoned as a juror, or shall in pursuance of any such agreement, or by collusion with any person, and with the intent aforesaid, shall permit or enable any person who has been so sum- moned to escape or avoid serving as a juror, in accordance with such summons or in pursuance of any such agreement or by collusion with any person, shall enable er permit any person not summoned and liable to jury duty under this act, to serve as a juror in any of said courts, or if any such officer shall, directly or indirectly, receive, or shall, directly or indirectly, agree or offer to receive any money, goods, right in action, thing of value, or other gratuity or reward, or any promise, un- dertaking or security therefor, in consideration of committing any offense such as hereinbefore mentioned, he shall, upon conviction thereof, be adjudged guitly of willful misconduct and misdemeanor in office, and shall thereby forfeit such of- fice, and shall also be punished by fine of not less than five hundred dollars, or by imprisonment in the jail of said city not exceeding two years, or by both such fine and imprisonment. (Laws 1879, p. 35, sec. 23. R.S. 1899, sec. 6561.) Sec. 163. Compensation of jurors.—Each juror summoned and serving under this act shall receive the like compensation therefor as is or may be allowed by the general laws of this state to jurors serving in the trial of any civil or criminal case, in a court of record, unless a different rate of compensation is provided therefor by the charter or ordinance of said city. For all services rendered by petit jurors, summoned pursuant to the provisions of this act, they shall be paid out of the treasury of the city in which such services are rendered, upon the certificate of the clerk of the court in which such service was rendered, and in the manner provided by law for the auditing and payment of other claims against the said city. All fees allowed to jurors in civil causes, in either of said courts hereinbefore mentioned, shall be taxed and collected as other costs in the case, and when collected shall be accounted for and paid over by the officer collecting the same, to the proper officer of said city, as other fees collected by any officer of said city are required to be paid into the treasury thereof. (Laws 1879, p. 36, sec. 24. R. S. 1899, sec. 6562—k.) Sec. 164. Exceptions to juror, when to be taken.—No exception to a juror on account of his citizenship, non-residence, state or age or other legal disability, shall be allowed after the jury is sworn; nor shall any violation of the provisions of this aet by any officer be any ground of objection to any juror, unless made before such juror is sworn, nor shall it in any manner affect the verdict rendered by him. (Laws 1879, p. 36, sec. 25;5R. S. 1899, sec. 65638.) Sec. 165.—Report of commissioner.—It shall be the duty of the said jury commissioner, within one week after the first day of October in each and every year, including the year in which he shall be appointed, to make report, in writing, of his proceedings as such commissioner during the twelve months next preceding the thirtieth day of September in said year, to the court having general jurisdiction of civil causes in said city, or if there be more than one such court, then to that one of said courts which shall be indicated by direction, in writing, to said jury commis- sioner, of the said judges mentioned in the first section of this act [R. S. 1899, sec. 6539], or a majority of them. Such report shall be presented to said court during the session thereof, and shall be by order of said court entered in full upon the records thereof. Said report shall contain, in a concise and intelligible form, a summary of the doings of said commissioner, and shall show, among other things, the number of persons liable during the preceding year to jury duty in said city, the number of persons who have claimed exemption therefrom, the number to whom said exemption was allowed by him, and the grounds thereof briefly classi- fied; also the number of persons claiming exemption to whom the same was refused by said commissioner; also the number of names of jurors furnished by said com- missioner, for service in the several courts mentioned in this act; also a statement of the expenses of his office, including the number of deputies employed by him, and the time during which each of .hem was employed, and the compensation to which he has certified that they were respectively entitled as hereinbefore pro- vided, together with such further statements as the experience of said commissioner (k) Pay of petit jurors, see Scheme, sec. 31. Also ord. R. C., sec. 1335; 2412: pay of jurors and witnesses in police courts, see R. C., secs. 1297-1298. ART. 5.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 113 may dictate, touching the operation of said act, and the results thereof. It shall also be the duty of said commissioner at the same time to deliver, or cause to be delivered, to the mayor of said city, tor his information, a copy of said report. (Laws 1879, p. 36, sec. 26; R. S. 1899, sec. 6564.) Sec. 166. Present commissioner to hold office till when.—The jury commis- sioner now holding office by virtue of the “Scheme” prepared by a board of thirteen free holders, in conformity with the provisions of the twentieth section of the ninth article of the constitution of the state of Missouri, and ratified at the election held for the ratification or rejection thereof, on the twenty-second day of August, eighteen hundred and seventy-six, shall continue to exercise the powers and duties prescribed by an act entitled ‘an act to provide a jury system in St. Louis county,’ approved March third, eighteen hundred and fifty-seven, and the acts supplementary thereto or amendatory thereof, including said “Scheme,” and be entitled to the compensation therein provided until the first day of October, A. D. eighteen hundred and seventy- nine, from and after which date the said act and all amendments thereto, and all acts or parts of acts now in force regulating or providing for the summoning and selecting petit jurors in this state which are in conflict with the provisions of this act, shall be and are hereby repealed. (Laws 1879, p. 37, sec. 27.) Sec 167. Act to apply.—For the purpose of ascertaining to what cities in this state this act shall apply, the several courts of this state shall taxe judicial notice of the population of the cities thereof, respectively, as the same has been or may from time to time be ascertained and declared by authority of the United States or of the state of Missouri, or of any city in this state, as the result of any census or enumeration of the inhabitants thereof, made in virtue of any law or municipal ordinance directing such enumeration. (Laws 1879, p. 37, sec. 28; R. S. 1899, sec. 6565.) Sec. 168. A special jury, how ordered.* Sec. 169. Juror to serve only once a year.—wNo person shall be required to serve as a juror, either grand, petit or special, more than once in any year. (Laws 1885, p. 75; R. S. 1899, sec. 6567—.) Sec. 170. Grand 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 all 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 to be repeated 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 aftev 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 1881, p. 57, sec. 1; Amend- ed Laws 1885, p. 73; R. S. 1899, sec. 6568.) Sec. 171. Number to be 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 selected to serve 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 1881, p. 57, sec. 2; R. S. 1899, sec. 6569.) , Sec. 172. List delivered to clerk.—The list of six hundred names selected by the circuit judges, duly certified to by the clerk of the circuit court, shall be *This section was R. S. 1899, sec. 6566, but is repealed by Session Laws 1907, p. 117. Theretofore this section was held valid: Eckrich vs. Transit Co., 176 Mo. 621; State vs. Lehman, 182 Mo. 424, 456. But it was in the City of St. Louis practically displaced by another act (see R. S.. 1899, sec. 3791) relating to special juries, but the latter was re- pealed in 1905 (Session Laws 1905, p. 174), so that the section above (R. WS. 1899, sec. 6566) was presumably applicable until the repeal in 1907, and such was the practice followed in the circuit court. As to the history of the two special jury acts, the manner of summoning, their validity, etc., see State ex rel. vs. Withrow, 133 Mo. 500; as to validity of the act, and that the provisions as to summoning juries is directory only, see State vs. Jennings, 98 Mo. 493. Where a cause is pending before one judge, applica- tion cannot be made to another judge for a special venire: Haehl vs. Ry., 119 Mo. 325. R. S. 1899 see. 6547 controls the right to challenge special jurors summoned under sec. 6566, and not sec. 6567: Williams vs. Transit Co. 100 S. W. 1072. (1) See Williamson vs. Transit Co., 100 S. W. 1072. 114 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5, deposited with the clerk of the criminal court immediately after said names are drawn. (Laws 1881;-p. 58,;sec..350>R.6.oloues seceo0 1 ue) 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 for each district in said cities, which districts shall be determined, fixed and located as hereinafter provided. (Laws 1891, p, 175, sec. 1; R. S. 1899, sec. 6508—m. ) Sec. 174. 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 purpose 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 powers 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. 6510—n.) Sec. 176. By 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. 6511—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 justices’ courts.—In justice court districts, the busi- ness of which 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, etce.: R. C.3 sec. 1324-1328. (m) This act held valid: State ex rel. vs. Higgins, 125 Mo. 364; Spaulding vs. Brady, 128 Mo. 653. Commissions to justices of the peace and constables issued by the mayor: Scheme, sec. 15. As to bonds of constables, and approval thereof, see infra, sec. 196. As to determination of who is elected, where there is a tie vote, see State ex inf. vs. Kramer, 150 Mo. 89. The act did not terminate the functions of the justices in St. Louis who held office, until the justices elected under the act qualified: Knight vs. Mersman, 66 Mo. App. 219. Ord. 10744 for elections of constables, held void in State ex oe te McKee, 69 Mo. 504. See also as to election of justices in St. Louis, note to sec. infra. (x) Construe with reefrence to sec. 6513, R. S. 1899, (snfra sec. 180). But this section, so far as supplying offices, etc., is concerned, is displaced by R. S. 1899, sec. 6535, (infra see. 200) and the ordinances of the city provide for locating and providing eta tes offices, and for expenses, record books, ete.: See ordinances R. C., sec. 1324- (o) Held valid. State ex rel. vs. Higgins, supra. ART. 6.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 115 stables 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 1899, p. 268; R. S. 1899, sec. 6521.) Sec. 179. Governor to appoint.—Within thirty days after section 6521 and 6522 shall take effect, it shall be 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 1899, p. 268; R. S. 1899, sec. 6522.) Sec. 180. Laws applicable to townships, to apply to districts.—Al1l 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. 1899, sec. 6513.) Sec. 181. Who eligible to office.—No person shall be eligible to the office of justice of the peace 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. (lId., sec. 6; R. S. 1899, sec. 6514.) Sec. 182. Vacancies, how filled.—When any vacancy shall occur in said offices, the said judges shall at once supply the same by the appointment of some person competent and qualified, who shall hold his office for and during the unexpired term of the justice or constable holding such office at the time such vacancy occurred, and until a successor be qualified. (Id., sec. 7; R. S. 1899, sec. 6515—p.) Sec. 183. Qualification, 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. Jurisdiction—amount 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 penalty 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.—HEvery justice of the peace shall have jurisdiction co-extensive with the city in which he shall be electea, except 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 property 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 tue 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 complaint of such suit contained in the atfidavit filed by the plaintiff therein, shall be prima facie proof of such fact. (Laws 1907, p. 116, amending R. S. 1899, sec. 6518.) Sec. 186. Jurisdiction in replevin, mechanics’ liens, landlord and tenant suits, etc., and general powers.—Such justices of the peace shall have jurisdiction for the recovery of specific personal property, when the value of the property sought to be recovered and the damages claimed for the taking or detention and for injuries thereto shall not exceed in the aggregate five hundred dollars; they shall have jurisdiction in all actions brought to enforce mechanics’ liens, as pro- vided by law for enforcing such liens in the circuit court, when the amount of balance claimed to be due does not exceed five hundred dollars; and in all suits between landlord and tenants for rents or possession of lands and tenements, when the amount of rent claimed shall not exceed five hundred dollars; and in all cases of unlawful or forcible entry or detainer, and shall have jurisdiction in attachment proceedings, and to enforce liens for keeping horses and other animals, to an (p) Appointee holds until next election: State ex rel. vs. Spitz, 127 Mo. 248. 116 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. (CHAP. 6. 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. 187. 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. (lId., sec. 12; R. S. 1899, sec. 6520—d. ) Sec, 188. Justice to appoint 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. rob ro at BS sec. 65238.) Sec. 189. Appointment 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. 5. 1899, sec. 6524; Laws of 1897, 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 ap- 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 reecived 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 otherprovisions 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. 6525.) 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 for 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. 1899, sec. 6526—~.) 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, accompanied 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 fail 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 (gq) See Note below. (x) The provision that in St. Louis the fees be paid into the treasury and the justice receive a salary is constitutional: Spaulding vs. Brady, 128 Mo. 653. But for services not of a judicial nature, such as solemnizing marriages, the justice is entitled to retain the fees: St. Louis vs. Sommers, 148 Mo. 398. (s) As to duty and rights of city officials respecting record books, expenses, etc., see Rev. Code, secs. 1325-1327. q Pe a aS ART. 6.] STATE LAWS SPECIALLY APPLICABLE. TO ST. LOUIS. 117 in such citation, and such citation may be served upon such constable or clerk in order; and if such 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 file such statement. (Id., sec. 19; R. S. 1899, sec. 6529.) file such statement, as required by such justice, the justice may, by attachment, Sec. 195. City 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. 1899, sec. 6530.) Sec. 196. Constables to give bond.—The constables of such court shall, within thirty days after their appointment, and before entering on the discharge of their duties, give bond to the state as now required and directed by law, and shall have and exercise the same authority as is now held and exercised 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 applicable to constables shall be applicable to said constables hereinunder appointed, except where inconsistent with the provisions of this article. (id., sec. 21; R. S. 1899, sec. 6531—+.) Sec. 197. Constables—salary and commission.—The constables elected under this article shall receive a salary of one hundred and fifty dollars per month, payable at the end of each month out of the treasury of such city, as provided in case 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-half per cent commissions upon all collections made. (Id., sec. 22; R. S. 1899, sec. 6532.) Sec. 198. 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 appointments shall be filed in the office of the clerk of the circuit court having jurisdiction in such city. (lId., sec. 23; Amended Laws 1899, sec. 1, p. 269; R. S. 1899, sec. 65338.) 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 appointing 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. (lId., sec. 24; R. S. 1899, sec. 6534.) 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 same, and shall provide heat, light, proper books of account, dockets and printed forms 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. 6535—w.) Sec. 201. Repealing clause.—All acts or parts of acts inconsistent with this act are hereby repealed. (Id., sec. 26.) Sec. 202. City register to perform duties of clerk—mayor those of county court, except in cases 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. 6536—v.) Sec. 203.—Qualifications of jurors in justices’ courts.—In any cause pending before a 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 court of such cities, and no person shall be permitted to serve as a juror in such cities before any justice of the peace more than once each year. (Laws 1895, sec. op ale; Wr. 8: 1899,:sec): 6537.) Sec. 204. Clerks of court to record names of jurors.—It shall be the duty of the clerk in each court of a justice of the peace in such cities to record in a (¢) The mayor approves the constable’s bond: Scheme, sec. 15; also Rev. Code, secs. 1506 and 1678. (u) See as to such ordinances, Rev. C., secs. 1324-1328. , ta) This section held void, so far as to deciding tie election, as unconstitutional, in State ex inf. vs. Kramer, 150 Mo. 89. 118 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5. book suitably headed and ruled, the name of 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 1895, sec. 2, p. 202; R. 8S. 1899, sec. 6538.) ARTICLE VII. JUVENILE COURTS.* Sec. 205. Application of act—construction of terms.—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 wicious 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 of 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 both 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 VOUS phZ1s, seca?) Sec. 206. Jursdiction 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. (Ib., sec. 2—w.) Secii20t. Juvenile court room—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 calied 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 this act any person interested therein may demand a trial by jury. (Ib., sec. c—wz.) 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 shall be sufficient that the affidavit be upon information and belief. (Laws 1903, p. 214, sec. 4.) See. 209. Summons—hearing—disposition of child.—Upon the filing of the petition, unless the parties shall voluntarily appear or be in court, a summons . « APPEAL— from final order of Juvenile Court..... APPEALS AND WRITS OF ERROR— from judgments in Court of Criminal ‘Ghee alen, -, Geocaai he Peres Be eee 86 101 Sec. 192 193 30 121 note a note note d to 226 INDEX TO STATE LAWS APPEALS FROM CIRCUIT COURT— in application to have name put on reg- IS(rAtiOnwIIBis .. ly oc. bee tele tete APPEALS FROM JUSTICE COURT— hoy (GeiboehkereWh GRC on oto dace sa200%o DDE APPEALS FROM POLICE COURT— to be taken to Court of Criminal Cor- TECCION OR) Voie scetemerenciotsvevere ee ehoneh terete ks eters te APPRAISEMENT— INGSiUtLOLeSPeCHMICERDLODCl UVa eee ARREST FOR FELON Y— chief of police to report, to circuit at- COTNEY ose wees nvecetol cetene mete thete Riera. ARREST OF CHILDREN— police to notify probation officer of... ART MUSEUM—See ’ “J/ndex to Revised Code. annual tax for, may be levied, when.. AMOUntwOTE ta xtere ceieiens ae toe ick tapean nee taxe'shallecease: mwillence ete chee eine tax has been votedin St. Louis for 1907 definition—requirements . ............ to be open as a usual custom on holi- CLAS ee cues eh oters ae ce ehone a eteneichtibcnencieie te admission fees, for what use collected. appointment of board of control... ... to consist of 9 members appointed by TAY. O Cit re eee ee a he eee Ce term “of Foflice——removaly . qualifications, CONULG removals an « . ss RUUD COMMm MERCI eeRci ote '. stokay ods ia.iste es 8 vice 0) 6 wie ease #. Page. 209 212 213 90 88 215 a or “1 607 215 524 231 232 INDEX TO STATE LAWS CLERK OF CIRCUIT COURT FOR CRIM- INAL CAUSES—~See Circutt Court. salary, appointment of deputies, com- DEMSALIOTMT ts CUG tor shale Naot t cee era eneaaees CLERK OF COURT OF CRIMINAL COR- RECTION—See St. Louts Court of Criminal Correction. SALA Gc re anceetons but Weha eave imine enti isan rere SNaeRGe pr AUSCa ie revetreneekstets toes eke eed ste teette statement of fines, penalties, ete...... CLERK OF COURT OF GENERAL SES- SIO aS) clerk of court of criminal correction ex OLFCIOMOLAE. siviir ke tees ote theres ener eee SALATY< Whe Se cikoce cscre Feit Golo ene eee cae eae teens to report fines, penalties, etc., to audit- OLDIW ION SEs arucie cs ede el eke eve cdect toes Lees aere iene CLERK OF JUSTICE COURT—See Jus- tice of the Peace. CLERKS AND JUDGES OF ELECTION— See Election and Registration. CLERKS OF BLECTION COMMISSION- HRS—See Election and Registration. SULA WM Ole Kecshseie wisvaiclektensrotcaon wate aha ene tewabale ire COLLECTOR— GUtISS HOLT Ne tecteveene wis ences keno coke ae nee Cae eee DOTA YO EL sais revere sais meecaeteha ete wntone Wake ene DONG 1OLGSEX LOL CLOW ere ee ee a eae 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 ASSESSINENIU Ht omurees diate Suresetme tenes new bond, when required—books not to be delivered until, when.......... bonds towberexaminedsa when. ricer failure to give additional bond........ sureties dischareed.zcwNensaaw. staan te in case of vacancy duty of successor... MIA TAD POM EMM EDULICS sere eae aan ene to return delinquent list under oath.. Wheresto Mepositmmoney.. cca .i oe penalty for failure to deposit as re- CUTS CB cick aahs, ation or eek Ren ee inl oe hceeaetame COTMMISSTON SRO La) te asthe cites eto mene rer when term of expires, vacancies how Hille dap as Socks eee cee eee ee certain tax bills to be stricken from TISUS AER Ke ease SO SA Peron, oe tece” Sones Me teins certain bills to be cancelled by com- mission © O28! Cikeyieve Le 4@, @ as 1.6, e, je) ‘aie apie ha. 0. es) p/\6 Wel 6 6 lists made into back-tax book—duty of COMIECTOTMASULEE TOS EN TLOLGE caer eaters filing suits before day named......... duty of prosecuting attorney—collector may employ additional counsel..... QUtICSTORSSt., LOuUlisSsOLiGerS ac.e cients COLLECTOR, LICENSE—See License Collector. Pee SOO ca OF SCHOOCL -BUrnD- N HOWRADDO ID TCOSsGIILiGSs ai eeu meeieeerere rane COMMON PLEAS—See St. Louzs Court of Common Pleas. COMPENSATION—SEe various Officers. COMPULSORY EDUCATION— duty Of. paren GloreSuardlaneciencenbers vane must "send children sto; Schoolen na... children winenwex GUuSCOlia .ycuwe.cenere ais board to appoint attendance officer— DOW ELS eters ance eis) cpcne ins cue nema omaue ia: euttieee who to administer oaths—certificates.. giving false age—penalty............. FOR ST. LOUIS. Page. 96 104 104 105 139 194 199 199 199 199 200 200 See. 100 109 110 112 139e 139e 139q 291 506 534a 534a 534b 534c 534d 534e note note r note note note note note ©N INDEX TO STATE LAWS FOR ST. LOUIS. 933 Page. Sec. LrusuG OL Derencal SCHOOIS: os. <0 cece 200 534f parent violating law—penalty........ 200 534g certain employment of children be- tween 14 and 16 forbidden.......... 200 534h children between 8 and 14 years...... 200 534i employer violating law, penalty...... 201 534j employer to Keep record of age....... 201 534k prosecutions—juvenile court ......... 201 5341 CONDEMNATION OF PRIVATE PROP- ERTY— TOC PLA SOM DULEDOSERs wie. lei sce he sors 204 541 CONSTABLE — See Animals, Bonds Indemntfying. Tees Oli DeCasesOLe SLVELY Sc: cis see eae we 80 9 failing to do duty as to strays, penalty 81 9 PCCLOMMOTE WOOT) Ge Ole intel ere serene o ticle lorvists due 81 10 EQUA LCOSE Can iMa sey WEN. ws oaleere se ees 79 4 may demand indemnifying bond, when 83 12 MO tps eetOr le Vvye WE Stas ok by crete ne 84 16 VLE GML OTE fre siete les Hinvecuheclaletsiehe olartbe ehpeh 84 16 WO CREDO LECCE Wi GTin ts cisce sucinls sudnennle-o site 84 20 suit against, court may require bond, ah CRATa came tare etre 516 Mer cite fer ehe “ioadiatere frote once 5 85 23 one to be elected in each district...... 114 Lise AnOte Mm SRO te CTS ELL CES ss oictile.. are, ave o:eeueisydusiacuehe 114 174 MIBcEiGis, NOW, CSTADLISNGMiic cc sles sls sisic 114 176 note o POLLO alae DLOVAGeU: 5 LOT sctsiate «ct thacame sites 114 178 governor to appoint additional, when.. 115 179 laws applicable to townships apply to CSP TOUS SRW ILE Timers nics c- etceer ei cict areca ehetetenite 115 180 PDI We OW. LELVCU vcr el crete ek eMedestey oct aie ee eves 115 182 BCH VMRE CH CL (HEL LTV cheer oi cit, eee) of wee aires ah cee or aeration ee ales 115 188 LOMICCEDMDOOKS Ob taiCl ey weletie 6 ee severe ys Gb s 116 193 failing to account, penalty, procedure. =: 116 194 Cliyemavy sue. On Official’ bond oft. ....-. ata ry 195 to give bond, duties, liabilities, etc..... Wak 196 ee eee eL INC COMMISSIONS. 5 ces win ofa s.ns als _ tlhe LO eLOceut Tia ya OO TNibe CW.0' -G@eDULLOS sais e5 6 sole» aha be 198 Beutel vae O.bek CED UCIES ces cleke cis ete aska, fate) arenes ab eg 199 Giitece LOM tO DEepTOVLGCGiscs oe iste «ofc ue « Ler) 200 note u to notify protection officer of arrest of TUNG Water ale Salar Breiie Munster ac icd AA acahe hac aie rae 120 215 CONSTRUCTION OF LAWS—See_ Zaws, Construction of CONTESTED ELECTIONS, CERTAIN— See Election and Registration. CONTINUANCE— Inecourt Of Criminal Correction... «<0. 100 116 iMmCOULrLAOL S£eneral SESSIONS a... fas. wo 104 139¢ of circuit court for legal advertise- TROUSER A Fe Ea Chel: cua AERO CREE RPO, Ca Ce 78 1 CONVENTIONS, NOMINATING—See Nomz- nating Conventions. CORONER— to view every dead body brought to morgue and if necessary hold inquest 170 399 EMCO MOU LLOS aecdnctdiunapcis. eos ate che tema rect: bers 207 5.50 powers and duties of—appointment of ISH CROWD NETS I -iey SHAE ACPI fe cS seh tree LN GR Ny RS 208 565 taeasand costs, how pald. 2s... dc. . 208 566 DOWers AanGvautics: Of “MaAyOIen ce. ss 208 567 COSTS— DEGOSECULOT, Lia bles tOr, “WOCM. « on 260 printed copies of verification posted in SOME Ty COC ING Cues itera.) a) gi eteis sex cays oe ol ee Poa 261 judges and clerks to revise registry, USNS T IMME Memee a one tie cen cae cs oleae ee erie ryt meiapic: amt ote 132 262 proceedings, how conducted—affidavit. 32 263 voter may ask to have any name erased 132 264 POmmimCo tea ODLICALLOM eLUCTECLOI a. «2 0s as 132 263 application to be signed and sworn to 1383 263 duty of judges upon hearing applica- (en 4° a ce ecAlbichs ae Ow nine 5 One oecaek car sae 133 264 judges and clerks to sign registry.... Dols 265 registry to be sent to commissioners... ee 265 commissioners to proceed, how........ 133 265 EOUMELOUDe Liven to any voter... ..... oo 265 circuit court to hear application to be placed on registration lists, when... 33 266 appoalsmtromecirellity COUNT. es «2 cic. ese 267 LeSistnatloneDyevOaLdloOr GCOULtsc sme sce 134 268 transfers of registered voter......... 134 269 registration of invalids and absentees. 134 270 revised lists of voters, when to be com- DUGAN ENOW.s DOSTEO Stora ccs oe ae 134 rat tal delivery of poll-books, ballot boxes, Give. fie oi pele Faget pee oi ee Meee ne eee ene Coed ae SD gia polls—opened and closed, when—ab- . sence of judge or clerk—penalty for absence or detention of ballot box, ee POT CL Cite ct a vee er Ghar tae a. sameretole ey ene 135 219 DAoOtepDOxetOnbe Kept Inzpublic..,........ 135 274 BOL TIO OKA IOWy OD Usts ce tiete coins ee oeae © 135 215 how ballots to be cast—challenges.... ere 276 registry in force between general elec- LLG IL SMEs rea Cie Shere, cee or state ae Ma eee ate 136 FATEH judges to be peace officers—challenges 136 278 MOLE COTMASSCU.. WILT sels sco s eteretenle acre 136 279 DME OmmILO WW MCEINY ASSOC. vr cis «dive ao %.0 ste Src 137 280 vote on any proposition canvassed, LARA oy i: CUE, HOES OR pee, Pac Re Se a Po 281 result of canvass, how made and certi- TORSO! 4° a Are rices ag Se Puen i aR ae ae 138 282 236 - INDEX TO STATE LAWS FOR ST. LOUIS. ’ Page. Sec. poll-books placed in ballot box, how Vet OR R16 ba eS A MS Re AAR rie orc ORs or be 138 283 GiSpositidgn Ol. VaeLlOth Siena oles ee eee wie 138 284 statement and tally delivered to com- missioners . yy eee : a 35 eee : ee 138 285 judges and clerks exemp rom jury : Bate NT oe Tei EG, SPE Ii HR he ARS on le 139 286 disposition of ballot boxes by commis- SIOTLOLS ie chore ans chate otehs leet aceloes tae eae oeecerene ds 139 287 abstract of votes, how made—copy sent TOMDrONSE LOMLCETS cite eietsicts stoket snot na tenets 139 288 issuance of certificates of election..... 139 289 when fraud is suspected—procedure... 139 290 salary of commissioners — secretary, CIOE EC Sis oie cy Mien etn easel e petals ins in ts Maen te 139 291 Daya OL sudees and (Clerks vam cid reel. ore 140 292 majority of board of commissioners TVA VASO. CUMS TA neh ctetake Gosmcdatian a towel eheve sarees 140 293 boardstowauditwaccoumtsma ws eae eileen te 4 OMe 294 ELECTION COMMISSION ERS—See Election and Registration. ELECTIONS, PRIMARY—See Primary Elec- tzons. HLECTION TO INCREASE SCHOOL TAX— how wcaLledivand-neldeien rai te eee 197 521 EXCISE COMMISSIONER— office of created, residence requirement 122 229 may issue dramshop license, when.... 122 230 note may issue or revoke license, when.... 123 231 note to keep record of licenses and preserve . petitions also Ve eee Cee Cee 123 232 note to notify president police commission- ers ofsissuance Of Hicensenea. ose. 123 ase license refused ornrevoked, when...... 123 233 fees—powers—duty—compensation . .. 124 234 note EXECUTION—See Bonds, Indemnttying. levy officer may demand bond......... 83 12 money in court under writ of, how dis- tribite dicen fee eee et ee eee 85 pA! peerey rue oe AND JUDGMENTS, LIEN in COUrLsOL Criminal CcOELeGtlo nia tiene 101 126 FACTORIES— not allowed near Tower Grove Park... 173 426 FEH-BILL, HOW MADE AND CERTI- FIED— in) COUrt OL Criminal Correctionee. acts 103 138 FEE-BILLS, COSTS— in, courteof eencrali Vsessionisic..c ener 105 139p FEE, JUDGES—See Circuit Court. clerk to pay into city treasury monthly 92 76 FEES— of constable in case of strays......... 80 9 MATS BSS xan ecccetoke teow aint otalen eh aacuarale 80 9 JUStCeeOLethes PCAC ois che eacisee eet oene 80 9 of officers in case of impounded stock 80 9 FEES AND COSTS—See St. Louts Court of Criminal Correction. in court of general sessions........... LOS 139m FEES OF CIRCUIT ATTORNEY—See (Cir- cuit Attorney, GCiSPOSiTIONVOLM Ts. ee ace iene te estes oats 89 ol FEES IN JUSTICE COURT—See Justice of the Peace. oo INDEX TO STATE LAWS FOR ST. LOUIS. FIREMEN FUNERAL EXPENSES— bee extent paid out of retirement UTR CRMEUE (Fara Ml etki haha Rie. b-io- beta ok ey © suet wee aK acd ue FIREMEN’S PENSIONS— PATI LOOP UZOC cies setae cane Ait ale 0.8 G CIO TILE Vs aILEOLT) DOL: Aieye a fice a. cal weedy tae! aie board of trustees, who compose....... POOLE CG ta Cum i cbs. ES) ache. esas Bi ars: Seer ct eee ees a relief and retirement fund, source of re Gig es DRS CORRS Ce ETE AMPC Ee eRe Rie A RAR AE ree ‘oeybhob@si Gay: Bena cyahi tbat. = MAPeG rl caer tee ra certain money for retirement fund.... DOWeTrS Of Doard oF trustees. ovine. ots transfer from retirement to relief fund PSSOSSITNOH Ce OLD I GIN DEP Sica cermsenee uch eke LUG OSTINeT Ur OneLe ere Cll oiyate ca ae ee, te MOM LOGNMCO-—1NTOCY OCS Uiiccic 5: cicle-s, 6.s1e5 0 a ere who beneficiaries of relief fund....... widows and children beneficiaries, when retirement fund—relatives beneficia- PLCS VE LUO TIMES oe teers eee cems) sh ee ace nctan tees member of fire department beneficiary, VELL TAMER MERGE Tea oe ctine tan enial etait ts hits. hele aie Widow. aid ehrlaren. = WiNen faeries 6 orc funds pro-rated if insufficient........ treasurer’s bond—duties ..0.....2.06.- warrants, when and how drawn....... moneyepaid, Only om warrantsSe.. i... TOGUOTtS.OL DOaATdLOf. CRUSUTGCES ais... ce 0 tere funds exempt from legal process for CLES CS Penne metric ee ttccs cor tonne shot «iene oieiat me vs fire department association — may transfer funds to board of trustees.. funeral expenses, to what extent paid. FLOUR, INSPECTION OF— flour inspectors may be appointed..... TITUIVA DO G-=—CL.U C1 ESiae teens, shel cree etek ake srelene sles FORCIBLE ENTRY OR DETAINER— NUTISGICLION, Of JUSTICE COUR PIT) sei. ase FORFEITURE OF OFFICE— violation of law followed by, when.... FORFEITURES AND RECOGNIZANCES— MmCOuUrt. OL Criminal COLrrectloOn...... .%. FORM OF BILL OF SALE— when impounded stock is sold........ FRANCHISES CONFIRMED— of certain street railroad companies.. FREE LIBRARIES, PUBLIC— See Zibraries, free public. FUNERAL EXPENSES OF FIREMEN— to what extent paid out of retirement FULT CLs Meeats, sitobalis .c ketene’ aiehel elas stebene ce) ester ens GAMBLING— proceedings by police to suppress..... warrant for seizing gaming devices... HeEVvVicese Lose GEStTOVEd c vale oe crelsbeuss tierce GENERAL TERM—See Circuit Court. GOAT—See Animals. GOV ERNOR— to commission attorney general, circuit attorney, prosecuting attorney and PL ESL ELL ELTA MOLD ia Seach os aes h ecco) the Tener vstie Weta ele PISCE IOVeELry. LOMUM sy CALS sick eis ste oo enelelts to fill vacancy in office of license col- BES LCH Te eter was kv cea ash eee. Pot (ar er ele’ to appoint election commissioners..... to appoint police commissioners....... Page. 160 157 157 157 157 157 158 158 158 158 158 158 159 159 159 159 159 159 159 160 160 160 160 160 160 160 160 160 115 87 100 80 214 160 86 124 167 125 175 Sec. 346 322 323 324 325 326 327 328 330 331 331 332 333 334 335 336 337 338 33 340 341 342 343 344 345 346 348 348 186 42 118 601 346 32 137 383 246 430 note 237 238 INDEX TO STATE LAWS FOR ST. LOUIS. GRAND JURY—See Assistant Circuzt Attorney, Circutt Court and Jurtes. assistant circuit attorney to attend, WET cletctee crete ate Se eee ree ree ee to attend divisions in which criminal CAUSES Mare m CVICU 2c. cre cecmiceeteeeeeeeenere eee to attend in circuit court for criminal GASES VN ware eee ee DCC EER GRAVOIS (STREET) RAILROAD COM- PAN HEALTH COMMISSIONER— duty of county clerk cast on as to practice of medicine and surgery.... HOGS—See Anzmais. HOLIDAYS— doors of city offices closed at noon on Saturday S fareeoe ice eh eee eee to police officers in active service..... HORSE—See Anzmals. HOSPITAL SOCIAL EVIL— mayor and city council to provide for SUDDOLPEO Lae ccantaveicrcas ake aici emonea te ae et ome for what purposes established........ annual appropriation for.............. physician treating prostitute, duty.... HOUSE OF INDUSTRY—See Aospital Social Evil. mayor and city council to provide for SUDDOTEROL Pas hia precio ie Heese to tete svete maintained. tonrswlat pUuUrpDOSe. yee ee anntalea DLO DEI ELON ML Oloe ie tanemers eee nea physician treating prostitute, duty.... HOUSE OF REFUGE— now called St. Louis Industrial School. board of managers, number, how ap- POIMLGC ye Oe ee ceed bee uem edie ohone eae ore MAVORTEX- Off 1ClOn MGIC remerere acne eae eee education Of echildrene 1 hier nee confinement of youthful offenders in.. object of, to provide home and educa- CIO Tee eee eh nt re eee ots eee eta tte organization of board, term of office.. what children may be committed to... parent or guardian may send child to, WET ors. epeithe bate tes cde hatter irc autchstaite pepe mayor may pardon inmate of, when... board may surrender inmate of, when BIG, LbO WO Tes eee eden tele asians ene eee HDOsArds toemMectawilen's -y res eee ieee eee ee certain inmates of work-house and jJalleatransterned 2 tOs ow Wenn ascent commitment without specified term Vi LS Swe is eo Perel Nove Cnc ite aroha ine Tamers ee eae rete may apprentice inmate until, when... pay for children in, from St. Louis COTE E Ves Wih Onl ae nate cule’ cae een ieee cant Ronee iene board of managers, general powers... annual appropriation for support of... erection of new buildings, sale of pres- ent site may “per provided ators. coe. SUpenintendent and) Mateo ne ere eee tenure of office, compensation........ ODEN sLOMVISITCOLS.© WHEN cescch sea meter one NOWaeeCOnGU CLE Bucuscisncle cre ke ent nee eee certain inmates to be kept separate.. existing board to cease when board or- SanizesmunaerstoiS aGtes emer cere ees inconsistent acts repealed............ ln eae SOCIETY, SPECIAL OFFICER FOR— appointment and compensation........ IMPRISONMENT IN WORK-HOUSE— by court of criminal correction, when. Page. 88 90 95 215 215 169 160 182 161 161 note Sec. 49 59 93 605 606 396 349 458 350 351 353 354 350 352 353 354 355 355 355 355 3855 356 357 358 359 359 359 360 360 362 361 362 363 363 364 364 365 365 366 367 368 459 133 note note note note p note q note m INDEX TO STATE LAWS FOR ST. LOUIS. 239 Page. Sec. sentence includes hard labor, rules.... 102 134 payment of fine after commitment.... 102 135 county may contract with city for use of work-house for confining convicts 103 136 INCORPORATION OF STREET RAIL- ROAD COMPANIES— PRI POTNOT LL Ol is «vie ie aie wninty avy ale arate oe 218 624 Howers OL COFPOTAtion eos ca cis cee anes 218 625 INDEMNIFYING BONDS TO OFFI- CERS—See Bonds, tndemnifying. INDICTMENT— Ci Cera SUSDEGUCOCH tL DOD rec slerereclelsiats sr 88 44 no, for misdemeanor, when........... 100 120 INDUSTRY, HOUSE OF—See Aouse of In- dustry. INFORMATION— prosecution on, for misdemeanor, when 100 120 INSPECTION OF BEER AND GRAIN— See Beer and Grain Inspection. INSPECTION OF FLOUR— See Flour, Inspection of. INSPECTION OF PETROLEUM— INSPECCLOTS as LlOSMaANGMLEGS . .1a6 cts el anc. 0s 220 631 note INSPECTION OF TOBACCO— inspection, term of office, qualification 220 632 HMMCUecme OLse IAS D OC COT cry co eherenecate enn cue tere sire 221 633 TTL SMELLO TE Chamet-u ices Pe ere ciosel Pe sic attic ec hotove oi 221. 634 IASDECCOLMLOD KEE DI BDOO Ki calcite cere aces 221 635 joxeravey lias Chores aeewahhaler 1G) TeMreIOlawr Go ootoS G 221 636 charges and fees, by whom paid...... 221 637 ware-houseman to have tobacco in- SDOCTCCCM, Pittccls a: clare eke we aee adel ten its ie, @ aro roe 221 638 OPERA, WORE TEAR) OVO Mah ao .5 eee cer er 221 639 OathetOs be: 1leds Wheres. mre sore ones he 221 640 hogsheads weighed and branded, when. 221 641 MOCse Ota SPEGLIOM ee detid comico © ero cle. 221 642 ECG aT Ortlieb Wile lit cena teens ate cress. wie ere AAAI k 643 NoVA pless COM DCs COMGs UD. 5 eee cae 222 644 tobacco, after inspection, replaced to LOM tT MCOMGTCLODMatetet eters ere ecole oicl sae ene 222 645 PSCC COL Sa COS me aiere ier nt etek orate, oO aberene a cle 222 647 penalty for unauthorized inspection... 222 648 scales and hands, by whom furnished. 222 649 falsely packed tobacco, how marked... 222 650 deputies, appointment and duties..... 222 651 who not responsible for loss in weight. 222 652 sales to be approved by owner........ 222 653 inspection certificates negotiable...... 222 654 local inspectors in other towns....... 222 655 LIM heOta warehouse! LEGS. cc Gamers scleue vs 222 656 JANITOR OF COURT OF GENERAL SESSIONS— POVGII LING tee Salary. OUGs mire 2 aie ore sishe 106 139n JEOFAILS, STATUTE OF— applicable to criminal proceedings.... 161 Lyn JUDGE OF CRIMINAL COURT— contested election for, how determined 124 240 JUDGES AND CLERKS OF ELECTION— See Election and Registration. JUDGE’S FEE—See Crrcurt Court. JUDGES OF CIRCUIT COURT—See Circurt Court. JUDGES OF CIRCUIT COURT, SALARY OF—See Circutt Court. 240 INDEX TO STATE LAWS FOR ST. LOUIS. JUDGE OF PROBATE COURT— contested election of, how determined. JUDGE OF COURT OF CRIMINAL COR- RECTION—See ‘St. Louts Court of Crimt- nal Correction. JUDGE OF ST. LOUIS COURT OF GEN- HRAL SESSIONS— provisional to be appointed, when and DY BW ROTI oe ore oases eve Pee eT eo JUDGES OF SUPREME COURT— to appoint commissioners of Tower Grove: Park, —-wilhenicnde his mete cheno JUDGMENTS— PpOWer- Of SPecialeterm /OVeEr eee cel of St. Louis criminal court to be en- LOLCEA DY CILCHITE COU CE ater te enters JUDGMENTS, ABSTRACTS OF—See Cir- curt Court. Bean wi AND EXECUTIONS, LIEN in courtsof, criminal correction...) ee JUDGMENT LIENS—See Circuzt Court. in St. Louis criminal court enforced b CIPCULIES COUT LES GS iattecteeleoeierciectentecomebebenste JURISDICTION— of circuit court over misdemeanors, WISI icy Sinus evaluator statene tebe ucke dere ions ects tare omens tems ADDELLATEH erate mate chee lets el oie te beeets teen eres JURISDICTION OF FELONIES— iN COUrtT LOLS eNeralesessions: sme e JURISDICTION OF SD IJUSTICH COURT— See Justice of the Peace. JURISDICTION OF MISDEMEANORS— in “court of, criminalscorrection.....e JURIEKS— commissioner, how appointed......... CUAITT CAtlONS cc ter cremevcis tere hater sacs sore eemoieutaree appointment, how made and entered OL VPEGCOLGs hoc here actaeate eee tein te Heke etal ele tenure LOfs Commissioners ah ie eae oath, salary and deputies of commis- SIOTOI + tea cha CAR AG Miacedenestote ote eran koponene Day Of deputies. emcee esas enka Rees duties TOL commissioner. cee eee eek WhHOeaAre CualiiedmyUrors es. creme ee Whos exempt“ from sjyUry. GUtY oecien cents questions to be answered under oath.. JULVeLIStTS) OO Wil C6 Ul Dineen tet tenet eee ee notice: how givens to exempts. ss. Exempclons how) NO COG ssi sei eee courts to pass upon exemptions....... names, how copied and drawn........ JULOLS HO Wa GLa will sts oie ele ene eee VULOLS NO War SUMIMNONEC see-ccenenci et neetetone ADSEM eT ULO TI. rocticctene drake teem cheat cnet epee EXCUSES eHOW “cea l tio wil Clans lerceon encore time and length of service of juror... bribery of commissioner—punishment. commissioner accepting bribe—punish- THON Coe ee ites: oral eteicc cnet tvs cadets ta, Seaclaa es cpt abet ae sheriff or marshal violating law, pun- TS NINH Cetera ein ce aie ee Mauer tiest chica ete ncee es COMPCNSATIONLOULULOTSicistmiek eee ian ean exceptions to jurors, when to be taken TeEporte OfeCOMMSS1OMG lean ee eaiee rene to contain what, and when to be made. present commissioner to hold office till WHET tere ha herons d tye'e supe eue ese ee eee Page. 124 103 172 92 94 101 95 106 99 106 106 106 106 107 107 108 108 108 108 109 109 109 109 110 110 110 Pit ibaba pat 111 ad 112 112 112 112 112 113 113 140, 1438, 144, Sec. 240 139¢c 421 74 89 126 91 139 note s note § note j note k INDEX TO STATE LAWS FOR ST. LOUIS. 241 Page. Sec. Special rrury, WO We OFGSred . ws 1... 6s sens Lis 168 note juror to serve only once a year........ Lis 169 Praviaviury, NOW selected. nic Ook Ok os ila less 170 HULME UO, IO) OLAV Ee. detclc sy wove whe a sis wate 113 171 IeUMtereV Grote LOU CLODIK cis fiac adores cles 113 172 JURORS—See Circutt Court, Juries and Jury Commtsstoner. HOWaLULMisned: Ine cinclit. GOUrt. ... sc. 83 cell Ponts oOR COMRT OF “CRIMINAL CORRECTION— jury commissioner to furnish, when.. 101 124 JURY COMMISSION ER— LOMLUrNISOsJUrOrSs Lom circuit court... . 93 Fey to furnish jurors for court of criminal COBLOCCIGM yA WilO lee tic. cs chee aceahelttane pmiaiel 101 124 COVEN) DO TINVE CLIN a arto ae othe bees oe ial egy 106 140 CAAT SUNU COUT ORES Mem Unites ot he Siege eet e alah L0s ota h 106 140, 141 appointment, how made and entered of LeCEROCE ROBIE hs Set al Oe Ae REC mG soar eae 106 142 EGHAIMEMO Te OLIGO s Ae tus ie: shay ebina? cone Seodbhaie othe 106 142 ACIS Ae Ly, «ald. CepuUties’s .on asa ee es 107 1438, 144, 145 AWE IIRL CS OU CIOS peta hava one ek oon te / 107 146 CURL OC SME Olay Maciek ore oleh cle Paper teal ceaguah otha! a 108 147 to give certificate of refusal to ex- SOHO E, Area Muh el article ieee PRM esr To 109 aNyB! rome NYA “J arey ah akero Berar ig aUss aby dpeha Rang A re eee! ifaral 159 DEiienven Ota DUMISTIVEG IT 5. 2 tia sie ei eked algal 160 Aocepcune wripes punishment... o)s. 225 a Lat fal 161 SO SY OO WS ROW oy, VG) ae Rak aks BN RATS Font 5 Ne gee a AZ, 165 to contain what, and when to be made. Lal 165 present, to hold office till when...... 1d hes: 166 JUSTICE OF THE PHRACE—See Anzmals. duty of when animals arrested........ 79 4 LOMOLCCE SaALe VOL animal’ Wiens «. se eas 80 5 LeecerOtelm CGrsecort StLay Sac hoc eco ei: 81 9 BD Uea lel ee CELUI Ae CASES elers cic eueleie witless 99 Uals one to be elected in each district..... 114 173 note m PANTO PERO Lis CUS UI GUS sicreises ccuieret ote ett lee Coens 114 174 office kept where vacancy, how filled. 114 175 note n PisterGts NOW CStADIISHEd te motte wae eh 114 176 note o report of judges—judicial notice of loves b Wey Mapa tots omiae aes Tak Ra ie Tse Rye a ey ae 114 AN OE additional justices courts provided for 114 178 governor to appoint additional, when. a be Us 179 laws applicable to townships apply to CUPS HAE COME WL CIM rene arte corciel ne hanes dolgienens ke 1s 180 POMS ULE tOt OLLIGE ye sia steerer. Sle cise tet ala Us 181 Wa Gane vaucn©O Wen llLllGd; Boric alanvel se aelevsrerens iste tel 182 note p EOC Vee COMPO CULEL Vounala trey rar eiaieck reais tere shan ales A ua ais 183 MM EiSieuloil——a MOUNT ENOL aia cele tetris 6s Labs 184 eaLAe hCG isl Lah ENT TUS. Oil cmrmucte et vel sears ateteheh tno cael s 115 185 in replevin, mechaniec’s lien, landlord SINCE TAIT ty LLC atonal. taper ene ss sat tece © Oh nackte a Oa 53 186 Tesco s=——Sa Lat ye Ofl. to oie cs dole alates elles 116 187 note q justice to appoint clerk—salary....... 116 188 appointment to be in writing......... 116 189 Belo wa LO ty CLOT Ky statins ccie oie wht Sees staiees, Se 116 189 LC LO BPEL V GU OILG wcrc oc oid clo cose tetetel atetes 116 190 clerk to receive fees, disposition of... 116 191 note r Ceriwtoe Keep, Account POOKS!. . vase. 116 192 notes failing to account, penalty, procedure. 116 194 city may sue on official bond of clerk. - atu lire 195 , offices for, and for clerk and constable OM XOeMIT OV 1G Wietia crs ce aie e iebhionp i Wore 200 note u city register to perform duties of clerk—mayor those of county court, SCO UIT CASES -OLeULOs six sap ce stein eden 117 A020 DOC Vy. qualifications of jurors in justices CULES aM fats Poet sles ne ate: ako aie cab areata: duakx Matos atty DT 203 clerk to record names of jurors....... aay 204 JUVENILE COURT— jurisdiction in compulsory education TADHSEETSY (20° ae UCIT OY ee Ie Pr eee 201 534j application of act—construction of TRSN Maar ty. et ays (ANNE apn ING Nea aie MEP 118 205 SRIMCAGEIOTE OC COUTTS 5 ws cc's aisle aces ee 118 206 note w court room, judge, practice and pro- ERCLORY WATE) oA tates UN Ba Re a ae he op 118 207 note x who may file petition—affidavit....... ill summons, hearing, disposition of child 118 Drobation officer—duty . Sob. view tes oe us 118 210 Seem eC TLE © ety th a opie) sc 'ailei vs pace edocs 9 lo 118 242 INDEX TO STATE LAWS FOR ST. LOUIS. Page. Sec. children arrested taken before........ ila Bessy © 212 note y DUNnISHMEeENt GISCrEetlION any ewer 118 213 child under 16 not to be committed to BE lias isa pry wha er ha IRN MERI Rees GRY piakonstey 3h) coroner to view every dead body DEOULTERLUO Uies cyene inl veenene eeeke olees eee 170 399 note u and if necessary hold inquest thereon. 170 399 note u MULE—See Anzmals. MUNICIPAL ASSEMBLY—See Art Museum. to approve appointment art museum DOB IAAT Bie Gel acer ce tens pena ite De an 82 ue what ordinances city may enact as to BTU IN USSU Te pee Aca ieee ee 83 1ih to provide rooms for courts and cer- Cain OLLIGET Sayer ne ee 99 paises shall provide rooms for court of crim- inal correction and officers.......... 99 Hs for court of general sessions and of- EI COT Sle Rica RA Ch ae eC Tere oe ee abe 105 139s to provide offices for justice court and OTE COTS Wei nuntnn is CO Sane anaes ete An BAY aera aT 200 MUSEUM, ART—See Art Museum. NOMINATING CONVENTIONS— et Ses i i ae, MOUEr OL CO LINE os Cece ie a Rear ee 143 307 note j NOTICE— forvlesalvadvertisements an see 78, 79 1-3 in case of animals running at large... 79, 80, 81 Aes * OFFICE— forfeiture of, for violation of law..... 87 42 y OFFICER—See Various Officers. not) able giorwilevyse wien re vae 84 16 INDEX TO STATE LAWS FOR ST. LOUIS. Pet ASLee REL CIN Metco anak a a tyiy ve chev nes dehy fae varalibitey ‘ca OLY DLO LECTOG MM WULOlle ec atude sh agieteale sadlotens suit against, court may require bond, sgh CCop als 4. Aeiee te seo CRE nS ee TAN i eas ad ae Se ees OFFICERS, INDEMNIF YING BONDS TO— See Bonds, Indemnifying. OFFICERS, STATE, ELECTION OF— See Election and Registration. PARENT OF NEGLECTED CHILD— COMPULSION TOs COM SID DOL Gas e caceiwrs oe bus PARKS— ROWE GOMSELUU CEC We 5 5c eyevateceta tie eis At oltre members not to be paid for services.. to receive $100 per annum for per- SOUS EX PERSES UR eis wslaleters eusaloiene es CITOT UMP erotics sherk Dl dabe arene) ae aide eas GUELESTOLAthHOn DOARG sre alee cer eeatke Blade ordinances, ete., concerning to be pub- VISTO CY cia cancetae stain hehe oteyer aie wlohe epee alalehe e penalty for violating ordinances...... penalty against commissioner......... “park bonds: may. bemissueds...0.c0 DONGS ING Win SOLGQ arses welctecar es then eta aes moneys, where deposited.............. MONEYS LOWED DLC Gee srs rete oie ene e taxes levied to keep up and improve ELLOM DAs eee ei getareh a caste Ci etarenet ek siote avenues to be opened and widened.... PLOCcSeGINeS SaLOErELOR Gs hols cevsic cht theists AVETLUCS ACO SDE. IIMPLrOVEGd): sere oc che cloteierae debts incurred only by authority of DOPE tee eparer aces Nee i Shsae rein els hate ck ahs board can hold gifts, devises and be- ALUGME BS are) cache ocean eis talia: oceetetanereicte arelelenetens SUBNIRW | Cte PLOUIDILCds 0. cea ale cleats stook not to run at large within cer- (oehik dh Mab nau Gain aghes Sun eh etey Sink eM pe r ENS AEM alee Suan office of commissioner vacant when... ACAISATT GY Pell O Wart LG Crreierets ete naner stare to lena mien board to report to city council........ land exempt) fron taxation. 20.045). % additional bonds may be issued....... LOW Nae Ole GRO Smt OTA K ter. ieee one tore! muse neh etnets Slaughter houses, etc., prohibited, SMOKELESS CR Seis Rtn ic ok Bae. Can, Chee ARR ES arte E bs BIO MeCOrlaAIn LAGCLOTIGSi. cs aleie aero aiens cies te penalties for violating this section.... PENSION FOR SCHOOL TEACHERS AND EMPLOYES— board may create, amount, etc......... Dard OL trustees vereateady. eke ete oes teaehers and employes may be retired, VU LL CTIEONER EY Smo pens (anetee arnt ah eh ome) Samer ma te Le annnityot retired. teachers... es. trustees to manage and control fund. when declared ‘annuitantsS ..a... a. ci« © annuitants to pay 20 per cent of sal- CT echgiec, Oita: emery Ghia se PEPE Saket > ABA Ire duties of secretaries of boards with reference to pension fund........... acts of trustees, how passed upon.... PENSIONS, FIREMEN’S Pensions. See Frremen's PENSIONS OF POLICEMEN— vacancies, how filled—rules and regu- PED CUO RM Ps ME Hole ATs hotel aha ihavaltc le Gasset atin. compensation in case of disability.... tou ramily Jin .case of déath.2. 24.255 may retire after 20 years’ service— Ton anGaxeh alc @ Cop cl amy ews Rene Keene Wie aL aw a PETROLEUM, INSPECTION OF—See Inspection of Petrolaum. 121 170 170 170 170 170 171 Ny pe! 171 Way | 171 Lit 171 171 DUE 172 172 172 172 172 172 172 172 172 172 173 173 173 173 173 173 173 198 198 198 198 198 198 198 199 Loo 181 181 182 182 Sec. 1 20 23 223 400 401 402 402 402 403 404 405 406 456 note note | bo ou 246) INDEX TO STATE LAWS FOR PHARMACY, PRACTICE OF— to procure certificate to compound MECIGINEG Bee ee cl areucse oe Nie recetele ne iets board of pharmacy created— its duties. number, oath, term of office, etc...... GULICS LO PESCCTETATY ic ietene sts tcarishe sited cuenotete LORWROMIEACE COGS sNOLVaD Dy eto who may compound medicines........ TSespoONnsipllitywoty DharmaciStsa ate is penalty forsviolatin= this Jaws... for fraudulent attempt to procure reg- TSTNACION Boe ee ie ew hcke ee are eae ete atte oer ee alte PLEADINGS AND PRACTICE— in court of criminal correction........ SENECTALBSCSSIONS © vy wilcinotelieae orunc teenie ciel ieflete PLEADINGS IN COURT OF CRIMINAL CORRECTION— no written required of defendant...... POLICE— duty of to prevent business of dram- shop keeper without license........ ACTSETEPEAl eee rib tere teere alee! oho ont ane Ee ordinances to be passed to _ protect DErsonseand WWLrODEeL LY eer eile eiswerate board of police commissioners created term of office, qualifications, oath, etc. governor to appoint commissioners.... CULLESTOEMCOMIMISSION CHS tae ereiecie te to appoint police force, number, term, OTE CAM race Mena a be pon omy laWehie ts hatte nate tobe comes eree rene officers of police, rank, number, bond, UCHR eae bac re Rote erie ieterecerene Proyeaste ree eke ve Compensation. Ol) 2pOlLIiCee aee-reee mee nee vacancies, how filled—vnromotions—re- MeET——rules HOC CH Sf oietecbe ecsusis ee beet eehe ts se police officers to receive no gratuity.. boards to have office furniture, etc... police districts, station houses, clerks, OUC Moet Recs eerie nets sree ee ie eiome sheriff to aid in keeping peace....... board to make estimate of money TLE SG COM rs Pie alates a teiaeb hee Lace eone tecetohenemene penalty for interference with enforce- INECN CEO HATH IS a CU seep. eialcese oer one nena ee parties arrested, disposal of—sureties, CUCM cite eae Oe ORE L eT ahaha eile te eet anette teteae Bertillon system department created.. board to keep journal of proceedings. MOUNTCAMNOLCE em Ai eteclels chews heehee proceedings to suppress gambling.... DOWER Officers to) break doors)..2cee gambling devices, etc., to be destroyed proceedings where property has been STOLEN Wey red eacee cet nie eteie caps te Renee Warrants, howsardifecuedren tet eeeteee no fees allowed (iil eae eto ee eae police, arevoiicers oLestatesee ori ten board to license private watchmen.... vacancies, how filled—rules and regu- La CLOMS IR es chee eee eee enone ra eacuer: compensation in case of disability.... LOvLamLy sin Case soled ea tilt eerste may retire after 20 years’ service— COMpen sation. Mey aoe ee ee lee naan holidays to officers in active service.. special officer of Humane Society—ap- pointment and *compensation™......1.). + ar POLICE COURT—APPEALS FROM— to be taken to court of criminal cor- ME CTIOTIAL sh. ahs ats ois teke tal seen ero tee ae POLICEMEN, PENSIONS OF—See Pen- stons of Policemen. POLICE OFFICERS— to notify probation officer of arrest of CHULA CTS ae seen 9 en ee a POSTING— OL FStrayzaNlMals eaters ena eon aneae ST. LOUIS. Page. 100 103 120 79 bak 137 215 note b INDEX TO STATE LAWS FOR ST. LOUIS. 247 Page. Sec. PRACTICE OF PHARMACY—See Pharmacy, practice of. PRELIMINARY EXAMINATIONS— by judge of court of general sessions.. 104 139d PRESIDENT BOARD POLICE COMMIS- SIONERS— to be notified of issuance of dramshop AT OGTIB Gm rey deter el berets ie) cia ed iore: © ai eisiec s/o; ere 123 233 PRIMARY ELECTIONS— short title and application of act..... 140 296 definition and construction of act..... 140 297 primary registration books to be pre- TEU OMEN erect eats. os: are hoor Sasha ed w uvesenecars 141 298 form of registration SNES tte Gtecs 141 299 elector to sign registration books..... 142 300 Tecistraclouese pro vViaedacLOle. «lameness - 142 301 registration suspended, when.......... 142 302 commissioners to attest registration EEO CRISS ere ts ett srrehine to state tale rey cha sherer ate: ®. are 142 303 books to be delivered to judges, when. 142 304 UMGiMIGlal primary a NOW. eld a osithers cle 142 305 wards divided into primary election CISETICUS ume cect ledete tec ais etel & roltic erehaten’ ter 142 306 duties of political committees—of COMMIUESSIONOTSe cb Seemeeche s. shele oe ier onan tency 143 307 forbidden to hold primaries, where.... 1438 308 delegations filed, when, expenses paid NG. WWE ee real crete a en cute ots taies avateeeet nie eisteea ene 143 309 placing of delegates’ names on ballot.. 144 309 nominating candidates by primary.... 144 310 commissioners do not act in official ca- DUC Uh yew DEC ee ere to raat oder eneteratar eterna. els 145 310 note l DANOLS SHOW MDLEDALCG. cit -stabae occu s sucks « 145 ay tal registration books open to Me AK AAU 145 S12 opening of polls, voting, etce., subd. 1. Pua: aja les: election, how conducted, subd. Dis Mar ae 146 Sus: watchers may be appointed, SU) Cam orens ra 147 Aly: CAMVasse Ofs VOLES, (SUDO. lich arctan oa ova.a eats 147 ' 314 judges to announce result, subd. 2..... 147 314 candidate may demand written state- NICHE OL LESU ta SU Oded preter sr ed eisUsle tes 147 314 commissioners to declare result, subd. 4 148 314 judges and clerks to sign returns..... 148 eo) committees, regulations, rules of DALELE Sats DCs tle pectoris elo cine ooeicke Seared te > 148 316 to be consistent with law, subd. 2...... 148 316 COMVeMLIONS: SHOW, GCONGUGLEdS.). 2... sis - 148 ot review of action of conventions by COPULE CME GMI octet tree kev ce tole alone atta ial ovece inn 149 318 OVLOnaletO) CeLLaine partuless ase. etse ero 149 319 crimes and punishments under this law 149 320 PRIMARY ELECTION LAW OF 1907— SUL UCat OMe Ol sla Waar ctacd at orer ales atorare tel ate 151 i election held, when and where......... Absa 2 notice of biennial August primary, how OUT Mae een cut obed ak Pag see eee otails, 6 Policereohe 151 5 MUDCAT TONMOLeNOtICC ts fae ere tien ole aliayal 4 no name of candidate to go on ballot UMLES Sor CUCM epee chit chepete sabe ei entdr a rehebens quays 5 form of nomination paper to be filed.. 152 5 deciaration. for county Office... ... 0. ihsy. 5, nomination papers to have form on ex- cept, CL CAT cideterc tote hes thane tees oto Sie 152 6 to sign but one paper for same office. 152 Hh regulations as to signing nomination DADE Ore celts eRe cots dha a att ol arora as lesetane 152 8 HOWROADOLS Shale beesiSnede. <1. cto ctercrer 152 9 basis of percentage in each case...... 152 10 MOWs Dave ls) COnDe TILOG oa beets ois acretecst eters 153 rial secretary of state to give notice of names of candidates for whom papers FLCC R te Pesce oka ce ¢ cccke uke aoe ate 153 Vl MerkatoaDuplish Such notice ....4- se 153 ils" Teme DADeLs DUDLIEHOG © 2's circ aie wl 153 14 Clea sO? LODO PEIN. = i. eh cee oie 154 15 printing sample ballots 20 days before ISG OPED be TOW a aR ESN ae) LACE heen, Pane HicrA ceca 153 16 coe CERO ME LOU eT) Oil Gin epsiete sis uatvetecets ci ets: onode 153 ake TeSulscionuspag tO tickets. Used .....% «nl. > 153 18 vacancies occurring after primary, how etl Pel a Med time, aor ove ere etaiete alec ete ts 154 19 ATL CHMEIT TED Se UO LG ot he Ah cee fare Wye doers tare eee oe 154 20 CUB MeCNRErS LOOP DATTIOS 4 sis aw ask we nes 154 21 eanvass OL votes; how Made... ..5..06% 154 22 248 INDEX TO STATE LAWS FOR ST. LOUIS. TECUTIVS LO Wi BC ircensieherads ye cthelictiel aieralauens county canvass of returns, how made.. person receiving greatest number of VOUCESELO) DELCATICIGACE >. co eheteiats clanelsueten secretary of state to publish result of FOMGTR OES HEN AT te Pace pee etr eg Mak Miaieh ts Iii Eyentyed tos ik, to certify names of candidates to coun- Tyclerks Siw NSN wi. wiaietsce cna ecestem a ts sere aes election of ward committeeman, at.... INMCASEH OLTLTICH VOTES Mone olor csoncieeet ciate stoiatene secretary of state to prepare forms WVLVETT a sletee sisters iothy ahd nete veluas cieehedle te ne cerate velo aimed ie DriberyinrO Ln ViOCET a accisesscncte eek sie ele iets judges and clerks, how provided....... consistent election laws apply......... duty of county clerk devolve on election GOMMIESSIONSES WIN Loto eLiOUis nee eet nominations of presidential electors and delegates to national conven- TION Sy AGES Ae aisle dae te we disuecenepereitantatotieiehore teks PRIMARY ELECTION FOR U. S. SENATOR— mays. bewneldwrwhenle te patecscepelcncpely een ye candidate to file application, when..... secretary of state to certify list of NAMES, COMnCO UNDA GLED Ky ge aceite eae eee 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 tojexécute processvoten.. usar ALLEN A SON ahs totereretane sie tekere the tede, obeerishene PROBATE COURT, JUDGE OF— contested election for, how determined PROBATION OFFICER— See Juventle Court. TOTISUMENTWESCOULT seis) raison titres DOW. ELS OL WAGED UUVsre one cedar sn chenete eee PROPERTY OFFERING FOR SALE— WithOUL SW CILTen authori tye eemieuaseene ns PROPERTY, SPECIFIC— bondiun derhclalmelLor neste ietayants ieee PROSECUTING ATTORNEY— election, term, qualifications, duties.. COMPEN'SAUTLONF sare onesie eke Te eels eee Ae FOVErNOLILO PS COMMISSION ee ieee cae eee VaCan Cy Owol LeOCiie wee cn mice oe eiene eee eee when to appear in St. Louis court of ap- DEAT ST iion eye nyace whe put ial iameal erste ae ee wets COMPeNnsSatLlon theErerlore ee vie chee fete to devote entire: time: tovduties 3. employment by others forbidden, when fees other than salary forbidden...... violation of law forfeits office......... penaltyctorsamey Driberyesuncdeeie cto ae deemed guilty of bribery, when....... may be suspended upon indictment.... governor may. appoint successor....... restoration to office, prosecution of in- ALG@UDE CT Grey ite arenes toned Cremer Crete citer Neareneens SAIALPV SOLS teak ear eer ER Me eae duties of in court criminal correction. to aid probation officer of juvenile GO TUE inet cevistosteic Gis) ayia enc eee he sate tees eee to prosecute suits for delinquent taxes PROSECUTOR— lia blettOrgCosts mw Grimuie rice ates PROVISIONAL JUDGE— of St. Louis court of criminal correction OfveencralySessiOnS cn minchicte oc cheisbertuiee aie PUBLIC LIBRARIES, FREH— See Libraries, free Public. Page. 154 154 154 154 154 154 155 154 155 155 155 155 156 156 156 156 156 156 156 97 206 207 124 118 120 12) 102 97 103 note a OR CO Lo 252 note h 253 240 210 215 226a note Zz 24 131 105 139¢c INDEX TO STATE LAWS FOR ST. LOUIS. Page. PUBLIC MARKETS— See Markets, Public. PUBLIC MONEY— See Money, Public. PUBLIC SCHOOL FUND— proceeds of sale of strays to go to.... 81 PUBLIC SCHOOLS— education of inmates of certain institu- CLO TIS Olt rts ee elev eedie ©. Pyare eta be et otale te als 190 city a school district and body corpo- TEL COM Ce eas) ate aareteen such eicka. Make deh aicregel os heote 191 board of education, number, may sue BITC CRAIC catecn stds atenete Malay vue le wtecetare, Attre 191 superintendent of instruction commis- SIONS Ol wSCHOOMMDULI Ines clawed ec 191 POUCA MOWELS OL) DO8ra. 20.0 eh wae alee 192 members of board, how elected, qualifi- CUO S COV LeCCLVGUILOM DEY. «te winistarele iets 191 mayor to appoint first board, duty of board, president and vice president. 192 special election of board, terms of of- NeESGraAnde Classifications 2 scree ccs ole 193 superintendent of schools, assistants, ULLeSTIATIGS DOWELESS woes clecue ors eines oe 193 commissioner’ of school buildings, LITLE OSS MamtthaercscUk eke tite ay eto te ala heer ere ecanehane 194 commissioner to appoint engineers, Ha COLE mC UG winbenateca ce eeacehe ele etanone, crmee eke 194 board to make contracts for buildings, commissioner to direct construction. 194 board to advertise for proposals for supplies, distribution of supplies.... 195 to advertise for bids for current de- DOSTUSHA G ortine ota ciale ayes chet ayn otal anteice! eb obo ates she 195 to select secretary and treasurer, bond GUtliCS! ANAT Salary > cvcijkene 6 Sor ete cheletencie 195 disbursements of board, how made.... 195 board to appoint an auditor, bond, du- Liesmamaycermly OLeOlLtee sd mana ee vo eee eee 195 board to apportion revenues to differ- Shi Ge paGemien ESt eaten eaetnier sie ae ele ere 196 mayor to appoint annually an expert to examine books, accounts and vouch- ers of officers, compensation......... 196 circuit court has jurisdiction over BOaTOsANGeICS “OLLICOLScpeeiel eres aie ei ea 196 HONE OROLCISCOW craceloreder sre nie) othe eneteiersne, etaverers 196 members of board and officers violat- ISLA WDC CYameternc ett. Sete sue lela ekere 196 failure to attend meetings, vacates of- TIGL WVLLOUN Mhecierny ciel ouetascr etapa etal taen er oneuelaics tous 196 investigations, testimony in, how taken 197 board has power to levy and collect EAUK CSM net, cc ledetyene toiatttn eo slate oevaberaud eienene wee 197 elections to increase tax levy......... 197 what constitutes permanent- school TAP VCS TIVE TT Can emer tereyicie lat os ere aie 197 posra to publish annual report... t..... 197 pension fund for teachers and em- TIOViCSme ers Br cteee cine eh Manarcranias asics cisionets 198 Hoard Ot trustees) createdas. w.. ace ces 198 teachers and employes may be retired, OTL Membrane hhc ieee: there sete tec sfareehaaterens 198 Smite O1rereured) COACIIEIS is... 6. 2s sce 198 trustees to manage and control fund.. 198 when declared annuitants............3 198 annuitants to pay 20 per cent of salary 198 duties of secretaries of boards with Rererence’ LOL pPEenSiOne LUNG ssc... eke 199 acts of trustees, how passed upon..... 199 PUNISHMENT, POWER TO REDUCE— DymCOULCEZOLUCrIMInaAL, COPLECLION. iy)... 102 RAILROADS, STREHT— See Street Railways. REAL ESTATE— SLES POL IO Wir CODOUCTE Ge cies, - 4s + oa eis js es 208 PEC OO URC O EOS G aiierd we ees slucvc bleh abe w'e theo" oie 208 RUSrliLs LO) OXSCUTC: BECMUeile ents. s lee o cpmeiels% 208 offering for sale, without written au- ERICSEL CCR rica) Mieke reratar yf deka ce whale etaes P21 offering loan on, without written au- LOU y wate ai ovsh iva cia areal s eielsle ¢-+ a. 8) aus Rake dye 121 Sec. 10 497 500 500 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 616 616 517 518 519 520 521 522 523 526 527 528 529 530 531 532 533 534 132 562 563 504 226a 226b note c 249 250 INDEX TO STATE LAWS FOR ST. LOUIS. Page. Sec. RECOGNIZANCE AND FORFEITURES— in? COULET OLRGrIMINal correction... eee 100 118 SON ESTAISESSIONS Yer. ors tales tees weleenee ee enero 104 139j REGISTRATION— y See Election and Registration. REPLEVIN— jurisdiction OL AUStice court wines 115 186 REVENUE, ASSESSMENT AND COLLECTION OF— See Assessment of Property, Collector, Delinquent and Back Taxes, Taxation of Merchants and Manufacturers. RULES OF COURT— See Circutt Court. SALARY— of ASSistant circuit attorneysSees see ees 88 50 clerks and stenographers of circuit at- LOLN SY, Pe ee ie oes tecsstionensiioveretene ela eteresouenemenete 88 50 OLICITGULECALLO RNC yare cere oisestore ere eee 89 OL of additional assistant circuit attorney 89 54¢ OL Fdeputy acl ErCultiattonn Gye ae ieee 89 54ce OLMCIF CULES UAE S Aces sick rene cited aes or oeaieer 95 92 Ofe CITCUItSCler Kee AS seuss eto eee eee 96 100 Oficlerketorreriminal Gawsesme eae eaeeee 96 100 of circuit clerk for criminal causes.... 97 100 of deputy circuit clerks for criminal CALISCS Masta irc te ie ve otc noitts tees nevare ta tree 97 100 of provisional judge of court of crim- INA COLLeCLON A Hotei lene eee 98 105 OfLFIUA SEBO LISAlACOURU cheno eerie 98 109 OLMPTOSECILIN Sa LLONNeG ye... cir teense ae 98 109 of clerk of court of criminal correc- CLOT Bier cle hase team t ee beads teeta te Rake eae hetiome keietee 93 109 of provisional judge of court of general S@SSTON Sig wess on aaa eke tic uciae wearers okttoae ieee 103 139¢ of judge of court of general sessions. 104 aaysyol of clerk of court of general sessions... 104 139e of stenographer of court of general SESSION SWee/a.2 Fe eee tee een: fies 106 ashe JANITOLFOLI See hie See ee Cee Le 106 139n OTe UVa COMMISS OMe ries eee icecie anc ieRitee 107 144 OLS dEPUGY COMMISSION GES cassia seen ee eee 107 146 Of jUSELCEY Of DCA COs retake soi tee 116 187 Clerk SOLUS] CEM COULi ae sere eee n erent 116 188 OLPAGDUTY sCONStAa DLR mais iene enone Ene ney 199 of probation officer and deputies...... 120 216 of; election commissioners. .......ee ee 139 291 secretary of election commissioners... 139 291 ClerkSrandeassiStantS ew meieacioe nee urea ee 139 291 OLPlicensescollectOr ieee hie cere 168 390 of his deputies, clerks and inspectors.. 168 Sie) | Of POlGCertcOMMISSION EHS se ner eee een: 174 429 OL (SCCretaryeOl pOllcempOaldee rin 174 43 SALARY AND FEES— Ob Sstenoeraphers a eeeee ei eee 210 574 SALES OF REAL ESTATH— offering for sale, without written au- NAOKO Ee MHHSH eo mbaNKeyy ois 4 5 6 a6 os Sm mold O84 eran 226a NOWiw CONGUCCE Catt. tartencrae ciaaaetar a tener eee 208 562 CLLe Cio labs toa talent: sieuoe eke SACI Ch MAAS. 8 208 563 Sheriff store exeCuLte rd Gedeprs ces cnicieicsune tenes 208 564 SANITARY DISTRICTS AND SEWERS— sanitary districts, how established..... 201 535n commissioners, reports, elections...... 202 536 LTUStEES term nwel GA caterer eee 203 bot powers of board of trustees............ 203 538 IMCANSELORCALTVAINLOMGILEGE ae cre ere 203 539 VOUCHErS ier tint were de ahcisiiie sisi eo e 203 539a board to make surveys, define areas... 203 540 condemnation of private property..... 204 541 bonds, application for, term to run, in- TEreSsti Fetewmoe Lomtcos ee rte oo eee 204 542 CONCTACtS Hn OWall 6 teen ee Solara s ee eee ene 205 543 city to construct sewers and drains, WHEN SRA S-Ais eae as hee ees oe er eee 205 544 Special mtaxecs wep ayinen.cueae ayers 205 545 INDEX TO STATE LAWS FOR ST. LOUIS. Page. acceptance of private sewers already TUCO LOC ees et ehciviacte vinlerese ere. cfaveratareres 206 dissolution of board of trustees....... 206 certain officers to assist in making PE COLEOCLI ViGMairn chic (etic crete TA el face ls 206 PRR AEEICCOMs OL LOLSCLAW os 6 ce arcane nies 206 SATURDAY AFTERNOON— See Holidays. SCHOOL FUND, PERMANENT— what constitutes, investment.......... 197 SCHOOL FUND, PUBLIC— proceeds of sale to go to use of........ 81 SCHOOLS, PUBLIC— See Public Schools. SECRETARY OF ELECTION COMMISSIONERS— See Election and Regtstration. sei eV Er Wank OL ame Poh cis are, sie crate iat alie aters lel steve aisueosie stoke 139 SENATOR, UNITED STATES— See Primary Election tor U.S. Senator. SHEEP— See Anzmals. SHERIF F— See Bonds Indemnifying. levy, may demand bond, when......... 83 NOMAD Ley LOreleVys) Whee es oc ce oe eee 84 ter WY LGEV al everers «es afsanre, aos) xs ' 4 grep 84 MOUPDLOCECCOGs. WiDr. ie she sordecdis ise has 84 suit against, court may require bond, TALC MME eS ee MMe eE ty ore Pe ct ace eti este 8 ties 85 to serve process in court of general ses- Cyigpelky 4 3. cekne ended aan eus SRD. pcm ROUCLcEeneL PaaEe mya 105 MCLs GES OUCH aralae: otra ot ooet stile vlhatehoaeen ys 105 Miolatin= juriesract- punishment, .. was a ea Lomaladepolice to; Keep) DPEaceus..... os): «a 178 Obi CVPR An Si tebe Sibtced anes erat br ca rene 206 DOMED. WoO) a DDO Ved ane. ce ae ean seen s 206 to execute process of what courts..... 206 POST LEOH ODOT s Willa taiCO UES hacia el ame cee oe 207 TCE GE) ESC AAT Sa GOO ot CI an en a 207 Tene lal MC UULESO Lares sais elec) ect sneln ode lene 207 to keep account of fees received...... 207 to file statement with circuit clerk.... 207 fees retained, balance paid to treasurer 207 fees, how apportioned in certain cases 208 failure to file statement, proceedings... 208 CiLyVeiic ye Sie. 1n What CASES 1. cise: chown 208 how to conduct sales of real estate..... 208 EIPECENO Le SALES ts wide imrerciet ete clone hac em eters atid 208 Ome eG] Lege © Cubs ce wlc sre Mirihe tortie celeiada oo tcaee ele 208 duties generally, may employ counsel, TEENY) OE SR a) eet as a tare oe Ar ae a oe 208 SLAUGHTER HOUSES— not allowed near Tower Grove Park.. Las SMOKE ABATEMENT— smoke a public nuisance, when........ 209 penalties, penalties accumulative...... 209 city to enforce law by ordinance....... 209 SOCIAL EVIL HOSPITAL— See Hospital Social Evil. SPECIAL JURY— bn 8 gr Ba Rg St BARA Oe SS See en ee OO Lis SPECIAL TERM— See Circuit Court. POWelLeOLeOver Its) Judements........5-as 92 SPECIFIC PROPERTY— PrN eT Cla lit? LOI oles via cs eee ae 85 Sec. 546 547 548 549 522 10 291 toe ee wo SoADLD bo 168n 74 24 251 252 INDEX TO STATE LAWS FOR STATE OFFICERS, ELECTION OF— See Election and Registration. STENOGRAPHERS— each judge to appoint one for his di- LS LOT) eae ele eddohe ec hhicke mist eae ane ohe eae Ensen to file affidavit, bond, tenure of office.. QUCTES THO Laos ti tere bevel tetete tanec ver ca elctionsieaele tenements SaAlavve awa yLSesn cys wheketere wena aie ntel ete ienc teen MAY N ADDOINT LOE) WELESij eter] dete ones teletats tos fee ito be taxed jin. Gach VGase ion corm May sex Chan ee cw. OU Kaparcr elie lets toh sh aieenens criminal courts to appoint, tenure of OLE CE ric tees ike Ga eel Cae ee tates Te teal ete aeetena tates Salarvilol sory ChiminaleGomnts aie rmiheen. LOULA KS WO Dei aii nepatieten rite go ocsterncrencme GULELE'S VOLS teh aes ei enero rere make rein Beyoiee disposition of stenographic notes...... When ADSeNE PDLOCGCOLDS Sie acnelelehsisnieicie shallAberremovieds swilen Cote trecis Gerster corrupt misconduct or neglect, penalty STENOGRAPHERS AND CLERKS OF CIRCUIT ATTORNEY— See Crrcutt Attorney. SEP LOUIS: Page. STENOGRAPHER OF COURT OF GENERAL SESSIONS— appointment, duties, salary ........... ST. LOUIS COURT OF APPEALS— when circuit and prosecuting attorney LOLADDOAT BD CLOT.C. Varcte sls cits ietetieekededons retel cas ST. LOUIS COURT OF COMMON PLEAS. jurisdiction of, transferred to circuit COTTE eels eter aha cat aver ae etts sea enoitl Mayet Ns ister eaeeme jurisdiction of, transferred to circuit COURT RYE sd civcetea chen ghe cnatebauepsactane Chak enced ST. LOUIS CRIMINAL COURT— See Circutt Court. abolished jurisdiction vested in circuit COUT Tate Raveena benancvion Watalena falls asleasate is kage hele Wetkes unfinished business wound up in circuit GO ULTUUIS Wet ates le ecslaiie tite maite caren ee tecat ieee Care ramets writs, process, etc., issued by, return- -YDLeL TOW GIT CULES COME Leen berieeterel ca chonien ener clerk to deliver books, records, etc., of, to clerk of circuit court for criminal CAUSES ica) Glave fe eee ete aise okie erat eteene tee Salary JOLVIMG SSS er mieteicl one ee ects emia Sheriff itowexecuLe) DUOCESS a0 be oes ATCEN GO mia sie ete eatetadelc atte ae tebee ies Aenea 106 87 90 90 ST. LOUIS COURT OF CRIMINAL CORRECTION— ESSTADIUSTE ae eel cits loves spe wlan emeteer se eee eee INSCOUTTCEROLMreCOnGi.s: ke Err ole eee election, qualification and terms of Huds eran sOll1Cersce ames eed meats eee appointment, powers and pay of pro- ViUSLO TIAL MING 2 Cancer cee terete eneceare anes removal from office of officers......... Via CAn CLES Mn Ow till claus ties hemes te omens au tens certificate of election and commission EAT ers te fe chs te tel iee le ttdy pus arene 9 Biase Raia DO WElSU Ot ULC Lele ra ctrah se, eleineai eh oetuate eee ie Salar yilO Maju SS aerate Neder cuca ce trae of prosecuting attorney, assistant and CLE TIA, telat che eleta ita overs Gaiters: oskewen tha hoor ClEPKMtOMKeCSD ew SCHEME OF SEPARATION AND REORGANIZATION. 265 The following Scheme for the separation of the governments of St. Louis City and County, the definition of the boundaries of said city as enlarged, the reorganization of the government of said county, and the adjustment of the relations between said city and county so that they shall hereafter be independent of each other, is hereby adopted as the organic law thereof. Section 1. Boundaries of the City of St. Louis—Territory of St. Louis County.—The boundaries of the City of St. Louis are hereby enlarged, settled and established as follows: The corporate limits of the City of St. Louis shall comprise all that district of country situated in the County of St. Louis and State of Mis- souri, to-wit: Beginning at a point in the middle of the main channel of the Mississippi river, and running thence westwardly at right angles to said channel, to a point on the west bank of said river 200 feet south of the center of the mouth of the River des Peres; thence westwardly and parallel to the center of the River des Peres, and 200 feet south thereof, to the eastern line of the Lemay Ferry road; thence westwardly to a point in the west line of said Lemay Ferry road at its intersection with the center of the Weber road; thence westwardly along the center of the Weber road to its intersection of the east line of lot (1) one of the Caron- delet Commons, south of the River des Peres; thence westwardly to the southeast corner of Rudolph Overman’s, or northeast corner of Bb. H. Haar’s land; thence westwardly to said Haar’s northwest corner; thence northwestwardly to a point in the center of the Gravois road (600) six hundred feet southwardly from the center of ‘the bridge across the River des Peres; thence northwestwardly to the southeast corner of lot (31) thirty-one of the subdivision of the Mackenzie tract in United States Survey one thousand nine hundred and fifty-three (1,955) thence north- westwardly in continuance of said last mentioned line to the southern line of lot twenty-one (21) of the subdivision of the said Mackenzie tract; thence northwestwardly to a point in the southern line of United States Survey 2,035, twenty-six (26) chains eastward from the southwest corner of said survey; thence northwardly to a point in the north line of the subdivision of East Laclede, six hundred (600) feet west of the McCausland road; thence northwardly and parallel with the center of the McCausland road, to a point on the Clayton road (600) six hundred feet west of its intersec- tion with the McCausland road; thence northwardly and parallel with the Skinker road, and (600) six hundred feet west thereof, to its intersection with the old Bonbomme road; thence northeastwardly to the intersection of the center lines of McLaren avenue and Mead street; thence in a north- eastwardly direction to a point in the Bellefontaine road (600) six hun- dred feet north of its intersection with the Columbia Bottom road; thence northwardly and parallel with center line of the Columbia Bottom road to the northern boundary line of United States Survey number (114) one hundred and fourteen; thence eastwardly along said line to the center of the main channel of the Mississippi river; thence with the meanderings of said channel southwardly to the point of beginning; and the residue of what now constitutes the County of St. Louis shall hereafter be called St. Louis County. See note to Art. I, Sec. 2, of the charter. See. 2. City and County declared separated; authority of County Court annulled.—The City of St. Louis, as described in the preceding section, and the residue of St. Louis County, as said county is now constituted by law, are hereby declared to be distinct and separate 266 SCHEME OF SEPARATION AND REORGANIZATION, municipalities, and all authority heretofore exercised by the County Court of St. Louis County, or any officer of said county, is hereby forever abro- gated and annulled, except for the purposes and in the cases as hereinafter provided. Sec. 3. Election of officers for St. Louis County—judi- cial and representative districts established—county seat.—At the general election for State and other officers, on the Tuesday next fol- lowing the first Monday in November, 1876, and every two years thereafter, there shall be elected officers for St. Louis county, as follows: ae.ckals c- clone 3 266 CUVvIdGeOM IMO ML WOE Lepresenta tives GISTRICGES i. us. a+ cc eer oles ala: 3 266 Marshal of, to deliver property, etc., to City Marshal....... 6 - 268 UC COME O LitcemsOL mn LO OLISN OG ia sea suisse se cele sic! aisle, erence Quelthe w 8 269 PARC LEE TISTCLE OO LOMO LEY rie Bee fe 'ctute x ceats est ereie © aie, Miata te te al hie 10 270 KV, Cues LSE hebaakevek aonice MOMMA Albina oe o coche Oe Goose Gauic OiD.o.m ME CLemG tee 10 270 Hebiate ver cons1derecdmaae City MOCO este elec, tenets o)4, 5 aves te lee = lat 270 dept tOlpemtranscerred sto. DOOKS) Of Git y aesen so tlons severest sie cy tet ss a 270 Auditor of, to account for school MONEYS. ..... eee seen ate! 271 debts and obligations of, payable to City.... Ls Be ce cae 13 271 rights to sue for or adjust same, vested in City............ 13 271 ofacers of (to assist) ingcarryinge out Schemes wi ceils oom. 20 273 compensation of officers of, to remain Chan Sd sores ere 20 Qhio COURT OF APPEALS— may appoint judges of election, when............-.+..2+---- 19 ilies COURT HOUSE— Era ShOCLS GetOn. GLU Vara a home taal rat erlev et ref epee riser stalin ets) aieWeulst fs she) s.c> 10 270 CURRENT EXPENSES— of County to date of separation, how paid................. 13 Pagia DEBT— ot County, assumed by City i... ices scene ete eee eee 10 270 debts due to former County payable to City............... lie? arial DISTRICTS— two judicial districts established in County hi GH Vices ae eee 3 266 two representative districts established in (OUMUCY: ae ceaa arenes a 266 DUTIES— OL COUnby. | OM CELS ae ae ator Riera ea ee ae 3 266 of City officers, after adoption of Scheme................. 12 270 ELECTION— BEPOOUUTY) OLLGOTS oor: aie woo ete o son ea yetus weaken Mele) aided aed kes oh a ots» 3 266 of Justices sof County .Courtes . 0% fics carta on ee mis alee ese 816 ape os a 266 +HMIGOTErInINnemCOUNTy | SCabsc sas. seat ances Sc cee Arana oe 3 266 for Justices of the Peace and Constables in County......... 3 267 TRENT EIN DCT. ALL S.G2) LO WO OCLC stare tapeter ents sl cl enolate) accra siey'ei sas 4 267 ROTM NE nite Ole CALL Y se ey retorts ake et ao Cie coer reals rast tt oie ons we reel ws 6 sir 5 267 TOGO OLONGI EO te Cl LVic. stu tole ene sts be eee eee een eee r ence eeeees 5 267 for Public Administrator of City. 2... 2... Se on ee 5 267 in November, 1876, judges of, how appointed.............. 19 273 Pet WEG, WOES MEGS. 6 acces ais cles a MWD Slee aR ele xk ewe oie seers 19 a3 ENUMERATION— ® of children within school ages to be made, when........... 38 PAE te 282 INDEX 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. F FINES— SEC. tor. be wpaid into: County treasury sew Wenner ce .itatcisiags ae 82 FORFEITURES— to) beupaid anto County streasuryes wiletierire sieiserie ern icine ion 54 GRAND JURY— how: {selected Va ndssummMmoneds ieee cic me eiaia oe Lieu caehoneucneteis hele at HOW? “DAI! eek ea sdecde loleteke vege, ice ates enews Meee ade de Vere Ber Manat, ch. marca 28 INSANE ASYLUM— See Institutions. INSANE PAUPERS— AGMISSION tO WASV. LUT Ye UC e ceca ress ti vetoed othr eae tte tenets ace ene eee 25 INSTITUTIONS— Municipal Assembly shall provide for maintenance of....... 9 Count nstitulionsetransterreds toe@ity. ae, ote ee emer ena 10 Municipal Assembly shall provide for management of...... 10 Insane ASY1IUM 2.252225 6 ete ee ce ee tee ee eee reese nine ne 10 note J AIL— Transferred Meow CVA mutes heen wun Cee le tencde eueue iets ged ins Sate bcc Nemes SreTI Mee ame 10 JUDICIAL DISTRICTS— established *ofaints County tear as ete eee eee ee eee 3 JURY— See Grand Jury. See Petit Jurors. JUSTICES OF COUNTY COURT— membersvofimMew Court wHenmelectedswu.k.. eee 4 POW ELS AULIES HO LG Wuhan son imeysi mada St tiebolorenest tvelenue merce ae eeemene ee 3 PresidinesJuUsticemtombperelected gatwlaraetc cise eee ene 3 Mannerzor IScleclin SPScatwo ts jUStIGG. scrote oe ee eee ene 3 members from the fifth and sixth districts to act on Board OLVAMIN AI COMTI anal raterdo eeTs este ters heros eveu'e ie nite ago etal seen adc ee an te ibs JUSTICES OF THE PEACE— Justices sinsCounty se wnen selected fees eee ee ee 3 tol holdwuntileendVoratenm sic. + 8.2. ia cher me ce ence ee eee 15 Vacanciessto DemlucayNOVEMbDer.s [S76 a oni mite eee 15 those elected in City commissioned by Mayor............... 5 JUDGE OF CRIMINAL COURT— tO GSCLSCT UG Mam Cl Bayar ects erica als ec eke ieee aa Mist orig Pe cle accy can te pan 27 MARSHAL— Of [City pton assumesautics ofietGw ya see eee nee 6 OLS CountymtovdecliverepLloperty,netG. annie eae ene 6 Of. City Spowers OL within City) limits awn. eee en eee 18 of City. tol summon strand Jurys aire rcs ae eee 27 of City to summon petit jurors for Criminal Courts........ 30 bo bo bo bo ee es Sori 270 266 268 268 272 274 274 INDEX TO SCHEME. 983 z 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. . MAYOR— SEC. PAGE. LOPOriai Clacton OF, Certain MOLEC Geri ws of cate ee eres sicko 5 267 Lona roye DOU OL COTtA ln OTHCETS i). Geel aitdbe ee Se en 5 267 to retain or discharge appointees of County Court......... 9 269 SROs ta 'OLNCe Nowe Lead oa chad od ie, aid Behe Shi bs ea wes 12 271 MEI HOL COL SOA OG Oly EITetl) COmaat et nig Stabs e cs ciclo ete han ek cata Ee GL whe 13 Pt LOSCONIMISSION LouUsticess Otuther Peace when. ~.. aoc weak Ub vad LOMOGBIDISSION: CONSLADLES eWHleMm hile anes ee ee re, eae ee oy 15 272 LOe A DDLOVe. DONGsSyOfaCOnStADLGSH ip ue rs at we: cian Set eee aoe ie) Te iS 272 LOSADDLOVGHDOnGSs OtF NOtALICH FE UDIIG ron a, ee ee U5, 202 LOSADDOLIL TC Liye OUT VOW OL Sms Beemer oer es A Tent) oy fog Sam Ore 16 212 METROPOLITAN POLICE— See Police. MONE YS— to be applied only to purposes for which collected......... ag 21) MUNICIPAL ASSEMBLY— TOMI Xe OL TH CLA LE DOTS emi ater ata telci errant Cte lee aL aroedy ete un ee chars 5 267 LOU DLOVIGG LOL SOVeErnment Of iInstitutloms, (6G. ue «0 ciek se se 9 270 LOSDLOVICes LOL Dayne crOh Count IOeDteenre wo soe feiss. hie amo. 11 270 EVA CCROTIRIC CMe Vane ik ye anon Gretta ee eee Pere heia oe ce eR Gat cto, Bury PPE 38 © oe 12 270 CET tame DUDOES acide rien tebters ont teats aie, stale aa atatatte rcrclind ake wanes wis its 270 LOPE xercise: DOWELrS Ol LOrmMer ©OUNt we COI Ce weiss onto cnc) ie 24 274 TA Vee DD LODMALECwEINON CGY Sirsa want gamer Weicts 18 helen vances SS eye het sn ae 32 Ze NAWeLecOmGLEAler Cll bUNALS ROL Gian auae sic sct aes os ieee ak Lene ore ed ouee 34 276 DOWSLSeLOSDASS She Ven We LOrGliT al COS. a scdicn cues stanbalaiee feed elas 34 276 NOTARIES PUBLIC— HOMO Seco oee st PLO WeCan lvl Ol” Aor ane iler kp ous eleietay ome cialis & Geeta! ay ie NECOTAHO LEADON ASstOMDeAkeCOU DY ec ReLISCEI sie cm elise ee 15 272 those now commissioned to continue in office.............. ali 212 LOMEXeErCISe,OLiClala pOWweLs \ineGity.andsCounmty.. soe. oc. ibyé Gs LeCOniEeCOMDORKC DEL DY RECS ISLEM MeOlCnn. ainmiatrnte cnlaeie ont teodere ise 17 272 OFFICERS— of County, Wy ETRE LOE eh tig mae RE de ve Na tere ook 5 266 Ofe Cleves when elected fiiiu. aap Acctonesy - seq vehe ane elie tans te, net oi esoen OIA 5 267 officers and employes of County Court subject to Mayor.... 9 269 LOMAUSSIStHAN ECAELVAN SCROUtIISCNE ING reraceer cits ond cae etohe raneharce ene Siete 20 273 dues and compensation unchan eed Wels scree cia cic bie ccieere 20 213 LOS Daya COMLEGCLION Sa WCOme LEvarLCe ds UR Vaerwete tote. uate che aroun + aiel 32 275 INROeLaAULeCMtOMCOUNLYM LOM DaAVelllLOmGd CY eEeCaAaSULView. 2 td celebs 32 275 Powel OLelesis! so tuGcestom ChANSERTCTINS WO Lacie maven 56 cle shercore sy ane 38 note 267 PARKS— CLOMS LAL VO STuUChE Ont CSie re Wie wiste she % 1, wh thmietere etal sae tee ee eld #0 hd tie och sas 10 270 ASSL PLO MeO La parietal ke OV tal L Veen etaersbe lcucbatte ls ce hates a>) o.'er etal les Pa 10 210 PAUPERS— CA COURLY: MWiLeL Gur SOll tow anand A a crareteee emer rcs UHOR. GRA cme autre es be te 25 274 PAYMENTS— jlraig Vo Ostia OU Nrge ts KAU Wee ica eacare ehTe eh Cr-1 coments Bee ORCS OCR Arkh Seeee We 276 PETIT JURORS— HOWeeseleclted, .AlLOe SUMMONED wares Ne ote Oe PAC aie ticehp ve iece Site a hee 3 274 fOLeGiIrcusit sCOULC LON pO SUMMONEGG DY as Ueritl ca. cs ee om ate e yas) for Criminal Courts to be summoned by Marshal........... 30 275 TO Wee DG. LOM eek) storey ene Daweyat clarke chunen ect VRE AN CRRA PDL On mete aicte ok cy Wet ecw al sere 3 2. PENALTIES— DAV ADLes LORCOILN GY BUPOASUry.. WGN a tends wer tel. create oye’ elehsl es 32 PAL AS POLICE— . Ce ale eee td Wee TL VLT) Go TL Cy cterore revel aha a Anode sence ohn vee ths eile ce eit tail 14 ZL HPoOVereandan tris CLlO nel Me COUNT yon. pai aenet ae slate rbere etek, ov ob ata 14 271 BUSCA et OLrece Ore Ollie We OILLD DOC aie oie sivis ls ele he 6 one ere lela plete 14 271 COLNE BETO: Wa DELL ard at aieieto Site ats toetersbetel Scie ches ole esl elute es 14 271 284 INDEX 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. POOR HOUSE— SEC. transfer of to "City oeea . cle cee eae eee eae ee en teterer 10 PRESIDENT OF BOARD OF ASSESSORS— déclared ‘ay City? tOfficer en aerc tne whe ue he ae nee tat Gai eae ete 8 tor divide bDooks#and plats nero een een ee iets re eet area 8 tov mak ena bstracts., wh Mec seo rele cin coe ecu eee aens Cite al ete reer 8 to deliver books and plats, etc., to County Assessor........ 8 shall sma kenassessments Lore Sic creator tee eee ener ie eer eons 8 to. Separate’ tax books. Lorsold sana anew, ellmiits reer eae etre 8 to turn over assessment books tos City officers... see 8 duty as tovtax hbillsvintersected Pe bysaCitiyelimt tsetse ein nels 23 PRESIDING JUSTICH— or County to be elected atularclen as. see sence eee ee eee 3 PROCHSS— tobe directed {to where ote City; awillelleec meetin ieee nce eer 18 PROSECUTING ATTORNEYS— Of a bighth )udicial? Circuitecontinued sin O1nGerc ree eee 26 PUBLIC ADMINISTRATOR— ofa County? when elected ecw eccentric eee ee eae ears eee 3 of. City; >whentelected saat acaricides monet eto erence cate recente 5 bond of, to be fixed by Municipal Assembly ae tenets caroline: Se stieterats 5 duties and COMPENSALION Of Acree are eee oeeen cere ba cteta ouckote ste tere 5 PUBLIC BUILDINGS— bransféer gota to) Gity. cee cute cee ee ene ene eee ie re ete eee 10 PUBLIC SCHOOLS— revenue “SCCULEC. We Gere eo cite ea tere leheaser eke enema eo eae teinrsts 13 districtyintersectedap yi ty. cae cae ce eraeeeneled er eerenes cee erences 36 DLODSrty SNOW adUSCCCm eee creer » CREE ERA Ree One Aarny eae es a ake ks 36 Valtiation sto DeamadeeDy sa TOLlra LOLS merece ee ernie Core 36 arbitrators) tho wrssclected s.r peice eee ice erie ieee eee 36 valuation, to. pe» reporteds toeCircuiteeounte. ame ee 36 specialirtax VaAuthori zed ie aie cette ace hel ee cate east one one cn narteaicietenrete rae 36 title of school property vested in Board of St. Louis Public SCHGOLS Sars soe teeters enicee tibee Pome ate 2 0 eg CLE ry Rn SP ce 37 enumeration, of, children tompentakenmcnsc peas. eee eee 38 report, OL. same, to, besnled vine CircuiteCourteermncni ieee 38 division of property in accordance with enumeration....... 38 moneys due County schools tund = wheres paid eee ee ie ene 38 QUALIFICATION— of City -officers vunders Charterer ris heute cichlids wions) shearers a sienna 12 ee * RECEIPTS— to DeRtaken Sin PErIplica ce mwilelinc ...icices cieeeer cacao een en tee 32 Winere ah led. eaie si Oy, sok a AN RS EERIE UES. nop ey nan Auten tag tick! decals -otsanrc 32 tor be ttakenwina duplicates aw heme. eee est etens ener n rao n rae 32 RECORDER OF DEEDS— Countys ClELKBEOCA CULeE-OLf1CO me oi dre ne eae eas Rete cP nen eae af nikay wan Or honey wy yiA heb ay ioSCSLe1Kels Kner a womcnciees Geter aN oS bo aos oo pm co eo 7 for tormere County, continued in TOLhGesy eraem neteta et cae ene cae 7 REGISTER— OL GItyh QULY POL OL ie 2 ci Ses pain nln po peste pe 9 tOereporteschedule OL TeEcords, cl Cy tOmMay Overseer ete 9 LOUTECELVEDOOKS, sDADErs, etc, of County, Courten eee ee 9 tow keep recordyorsbponds) of (Constables tem. saute ete noe nnn 1 to keeperecord sof PNOtaries. ks eae Gaertn area 17 tonkeepurecord ob Notaries commission Siac. ris men ene neo iy REPRESENTATIVE DISTRICTS— esta blishmennt2oLs In MCU LY Sects e)cenie saree re eis tae nee men 3 270 271 276 276 277 277 277 277 277 277 277 277 278 275 275 275 266 268 268 269 269 269 272 272 272 266 INDEX TO SCHEME. 285 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. = SEPARATION— _ SEC. PAGE. POE O BELT CO UIA ee mr eeteh oct avn Cae sh a. 38 Gh dye nse cle casyiae MaLare dine’ « 265 bo ST. LOUIS PUBLIC SCHOOLS— See Public Schools. SHERIF F— CLECOUMILVMEEWIIGTiaeeLe GUCCI at. otc.claye cen decusieual «edhe. Widge ace tis aiead stain ys 3 266 Of -CoOunicy welOw Dem eel 7c70m me COLLECTOR Gam... dele tine cote ornare 3 266 Ofte CITA WEEN BOLE GUCC Ser ctter sp siasevel heretscclts erect oes gituticte sal eke a meme 5 267 Hondsopetowbesixeduby Municipals Assembly. o2 .ts clos cc. cis ce 5 267 OLA Cieyver Oi tless and eCOMpPEN SatlOnMO fa). ulowiclarsles « s.0 Sete ones cee ie a 5 267 OL Cily aVeSLeGGn with) DOWGErS Of former OMeriit: 32 cts < ei2)ts5 18 272 Ob. CltivemtOnrexeccuLe writs, withine Cityve limits...) sae a sieve wee 18 272 OLeGounteywe. LO. Execute, process Of Courts Ofe Records we. a. + es 18 272 ORECicy ELO SUMMON DeLIC JULTODrSstorm Cireule COUnts. assis as 30 275 of County, vested with powers of former Collector........ 33 276 OfeCounty,; authorized sto. Selina propertye COr CaxiGS' wi. wees ss 33 276 OMmCountvree LOMexeCULOMredentp lO Sg. teste in male lala cetscd sts cients. lela ae 276 of County, deeds for taxes, where acknowledged........... nie 276 SQ ayevaniranmaqhey ayes (rene “PRB GCYE ee. Hine eed cca? BaciR 0 bee. Biche, OM Chen Cae eh te eo oa 5 note 268 SPECIAL ELECTION— ieee GRETNA OG UIY EY Se Gere ee cre Gish PA ao jcte sy) al apelin e's otha, We eed kas 3 266 SPECIAL TAX— LOEDAy UCeDtLCaness Ohsschools GISthiGtsS when. «ca... « Hreeport. Water Co; vs- Freeport; 180 U. SS. 587, 598. Joplin vs. Light Co., 191 U. S. 150. Speaking of municipal powers in general, the U. S. i SUpLemeneoOountasays in Gitizens Ry. VS.uWelroitoiy., lil U.S. 1. ¢. 53: There are reasons ‘“‘which insistently forbid that the future should be committed and kound by the conditions of the present time, and functions delegated for public Lurposes be paralyzed in their exercise by the éxistence of exclusive privileges,” citing many cases. But the city may exclude itself from competing with a com- L-any upon which it confers certain franchises, if the terms used are clear and erplicit: Vicksburg vs. Waterworks Co., 202 U. S. 453; Walla Walla vs. Walla Walla Waterworks, 172 U. S. 1, 13-19. But only by express provision: Joplin vs. BiehtiCor ole Um Sako Ue As to specific powers under the charter see Charter, Art. I, Sec. 1, and note; also Lowers designated in this section (Art. III, Sec. 26). The assembly is possessed ot 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. Legislative functions of the municipal xassembly—how far subject to judicial control—fraud. As will appear from the charter and 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 See. 25 supra); but 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 only either pass or reject. (See Art. VI, Secs: 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 so is exercising a part of the law-making powers of the State, and in so doing constitutes part and parcel of the legislative department; and hence the courts have no jurisdiction to enjoin the municipal assembly from enacting a proposed ordinance or inter- fering with it in any way whatsoever: Albright vs. Fisher, 164 Mo. 56, 60, 65, reviewing the 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, 7vfra, this note.) Ordinances have the force and effect of laws within the city. The municipal assembly is a “miniature general assembly,” and when acting within its sphere its ordinances are accorded the same effect as to the laws of other legislative hogies: State ex relw vs. Bersh,) 83 MorsApp:. 65% 668; .St: Louis vs. Foster, 652 Mo. 513; St. Louis vs. Boffinger, 19 Mo. 1. c. 15; Taylor vs. Carondelet, 22 Mo. 105; Albright vs. Fisher, 164 Mo. I. c. 64 and cases cited; Keane vs. Cushing, 15 Mo. App. 96, 101; Railway vs. Railway, 105 Mo. 1. ec. 575; Jackson vs. Railway, 316 NOTE ON LEGISLATIVE POWERS OF CITY. | ART. ITI, Sec. 26, heading 118 Mo. vies 248: Grand “AverURy. vss) Citizens SRy., 145 SMo7 neon, 204i -Giaeand cases cited. See further on this point comments and cases cited under introductory note to “Charter CATE 1). The municipal assembly is the 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 eharter, “Genera! Considerations on the Charter’: See further State vs. De Bar; 58 Mo: 1. c. 397. That the public are held to notice of ordinances within the city see note to “Ordinances”’ under Charter, Art. III, 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 funetions, 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. 3435 sic, 53° Moy >o0 rR Skinker vs. Heman, 148 Mo. 349, 355; Morse vs. Westport, 1386 Mo. 276. 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 ina 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 real 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. Railroad, 167 Mo. 89; Knapp Stout Co. vs. St. Louis, 153 Mo. 560; s. c. 156 Mo. 343. Ordinances are presumptively walid, 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. Chartes, Art, IIL Sec. 12, and cases there cited. When oppressive or mnrenaduahle: 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. «a. 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. 25 (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). ART. III, Sec. 26, heading.} NOTE ON LEGISLATIVE POWERS OF CITY. 317 x And at all events where the ordinance is sustainable only under a general grant of power and not specific authority, the reasonableness thereof may be _ in- quired into by the courts: Springfield vs. Starke, 98 Mo. App. 70, 77; St. Louis vs. Heitzeberg, 141 Mo. 375 (holding void ordinance prohibiting emission of smoke). ~ . . . See as to power to enact ordinances respecting nuisances, note to Rev. Code, Ch. 11, Art: 12 (Secs. 584 e seq). But in the exercise of powers specifically 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 applying this rule are those of special taxa- tion): Prior vs. Construction Co., 170 Mo. 439, 451; Skinker vs.. Heman, 148 Mo. 349, 355-356, citing numerous cases; Heman vs. Schulte, 166 Mo. 409; Heman vs. Franklin, 99 Mo. App. 346: Heman vs. Allen, 156 Mo. 534; Morse vs. Westport, 136 Mo. 276; Lamar vs. Weidman, 57 Mo. App. l. ec. 513: Kansas City vs. /Trieb i. 76 Mo. App. 478. And as to avoiding ordinances for fraud, see this note above. The enforcement of void ordinances by the city, threatening a multiplicity of suits, may be enjoined: Sylvester Coal Co. vs. St. Louis, 130 Mo. 325. Unauthorized ordinances: 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. Kaime, 180 Mo. 309; State vs. Butler, 178 Mo. 272, 299; St. Louis vs. Clemens, 43 Mo. 395, 404; Ruggles vs. Collier, 43 Mo. 358, 375; Carr vs. St. Louis, 9 Mo. 190; State ex rel vs. Johnson, 123 Mo. 1. ec. 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. l. c. 624 (holding that a meet- ing of the council in Kansas City is void if not at the time and place authorized by the charter). A large municipal body, entrusted with theexecution ofa 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.:Louis, 20 Mo. 136, 142. That matters of form prescribed by charter in enacting an ordinanceare usually directory only, and a departure therefrom not fatal: see note to Art. III, Secs. 12 and 18, and authorities there cited. Uncertainty and vagueness may be such as to invalidate an ordinance (Ramsay vs. Field, 92 So. W. 350° (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 city officers under it.’’) Delegation of authority by the assembly. The general rule is that powers which are legislative in their nature cannot be delegated by the municipal assembly as that is the purpose of its creation’ but powers that are merely ministerial, requiring no legislative discretion, may be delegated: Ruggles vs. Collier, 43 Mo. 353, 365 (no authority¥Y to delegate question whether repaving to be done); St. Louis’ vs. Clemens, 43 Mo. 395, 403: s. c. 52 Mo. 133 (no authority to dele- gate determination of dimensions of sewers); Neill vs. Gates, 152 Mo. 585, 594 (same); St. Louis vs. Russell, 116 Mo. 248, 255 (no power to delegate power to determine location of livery stable to lot owners); St. Louis vs. Howard, 119 Mo. 41, 47 (no power to permit slaughter house location to be determined by ad- jacent occupants of houses); Tipton vs. Norman, 72 Mo. 1. c. 384 (power to pro- vide for the convenient and proper work provided by ordinance); St. Louis vs. Lamp Co., 139 Mo. 560 (authorizing assembly to provide for a board to examine, in behalf of the city, applicants for licenses as engineers, dentists, etc. Such ordinances are in nature of police functions): See Fisher vs. St. Louis, 194 318 NOTE ON LEGISLATIVE POWERS OF CITY. [ART. III, Sec. 26, heading. We ES eles (Ceo nema the authority 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 singie individual, was sustained in Wilson vs. Eureka’ City. U738U. S. 32 cand Gundlins vs eGhica loki Wen Dooce) The tendency of the later cases is to enlarge the power of delegation and make many acts valid that formerly would have been held unauthorized. As to delegation in case of street improvement ordinances, see cases in note to Charter; Art.sV ly Sec. 15: See further as to when power may be delegated as ministerial the special sub- jects in connection with which the 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. III, Sec. 21 of Charter. Delegation of State power to city is lawful: See note introductory to the Charter. Legislation by resclution or permit. By =the charter the mayoris]a) pare sot the law-making or ordinance-enacting power of the city government and his concurrence in legislative action essential to its validity, unless the ordinance is passed over his veto: See note to Art. III, See. 23, citing State vs. Butler, 178 Mo. 1. c. 340; State ex rel, vs. Carr, 67 Mo. 38 and other cases; see also 50 Mo. 488; 60 Mo. 153. St. Joseph vs. Wilshire, 47 Mo. App. 125; Silvester vs. St. Louis, 164 Mo. 601. A resolution cannot accomplish that which is required to be done by ordi- nance: See Young vs. St. Louis; 47 Mo. 492 1. ec 495; Cape Girardeau vs. Fangen, 30 Mo. App. 551; Trenton vs. Coyle, 107 Mo. 1938, and cases there cited; Nevada vs. Eddy, 128 Mo. 546; Reed vs. Peck, 163 Mo. 333. Unless the action termed a resolution be in fact enacted with all the requisites. of an ordinance, and in fact sis {suche | Lipton vsseNormanse (2 Mow os0minve..co4: Springfield vs. Knott, 49 Mo. App. 612: Crebs vs. Lebanon, 98 Fed. 549. As in vase of a resolution being ratified by a subsequent ordinance: State ex rel. vs. Milling Co., 156 Mo. 620. And it would 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 Eichenlaub vs. St! Joseph;,113 Mos ¢., 402; "Alma vs? Bank 60 Fed, 203%) s. eh 8! UieS Ce) Aime tebei: ; So where an ordinance is required, a mere order or permit of the mayor without action of the assembly, confers no authority and is void: Lockwood vs. Ry., 122 Mo. 86; see also Carroll vs. St. Louis, 12 Mo. 444. Ordinances of a de faete legislative municipal body are valid: Perkins vs. Fielding, 119 Mo. 149, 159, and cases cited; Hilgert vs. Barber Asphalt Co., 107 Mo. App. 385; so, ordinances passed by “acting mayor and ‘city.-council of St: Louis, after the council was abolished by the adoption of the Scheme of separa- tion, but before the adoption was known, is not necessarily void: Adams. vs. Lindell, 72° Mo. 198, affirming s. c. 5 Mo. App. 197; St. Louis vs. Stoddard, 15 MONE AD Dard Gos aris Construction of charter and ordinance provisions. Where there are two charter provisions, or two ordinances, both on the same subject, one of which is special and particular upon the subject, and the other general so that if standing alone it would cover the same subject, @nd would conflict with the special act, the special’act controls the general: St. Louis vs. Kaime, 180 Mo. 309, 318; Ruschenberg vs. Railroad, 161 Mo. 70, 82; State vs. Butler, 178 Mo. 272, 302; Campbell) vs: St..La& S.-Ry.Co.,7175 Mo. 161, 175-177; Jaicks vs. Merrill 298 "Ss Ww. (Supe GG or, Deeg222019 06) mire to. The provisions of the charter must be so construed that effect is given to all of thems) Hil vsiesSt Louis; 159 (Moss tC 680 ota uOUulsay Ss. mica ne mil OR MMOs ane azo. Verdin vs. St. Louis, 100 Mo. 1. c. 122; Jaicks vs. Merrill, 98 So. West, 755, 1. c. 757 (Sup. #Cti; McAdanY vs) Alderman, (3 6.Hin | ONe SYo)no+ 0a ora cenavs: Richards, 28 L. R. A. 298 (Montana). Sec. 11. Officers to devote their entire time to official duties— hours for municipal business.—Any city officer, excepting the Mayor and Commissioners on Charitable Institutions, who shall, except when absent from the city, fail to devote his entire time during business hours to the duties of his office, shall be removed or suspended by the Mayor or Council. All city offices shall be kept open from eight o’clock a. m. to six o'clock p.m. from ist of April to Ist of October, and from nine o’clock a. m. to five o’clock p. m. from 1st of October to Ist 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 office without personally devoting his time to the performance of the duties to the same belonging”: Const., Art. II, sec. 18. 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. 12m As to leave of absence see Rev. Code, sec. 1688. No deduction from the legal salary 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. XVI, sec. 17). Sec. 12. Removal of elected officers by Council—removal of Mayor. Any elected city officer may be removed from office by a two-thirds vote of all the members of the Council, notice thereof and an opportunity to be heard by, counsel being given to said officer. In case the Mayor shall be removed from office, then the President of the Council shall act as Mayor until a Mayor is elected. Whenever any city officer shall be removed from office by the Council the veas and nays shall be recorded on the journal of that body. 4 2 * Awae : Pde 3 . See discussion and authorities in note to sec. 5 of this article. See same sec- tion for removal and suspension of officers. Ordinances for vacancy in office of Mayor, see R.C., sees. 1518, 1514; for re- moval of Mayor by council: R. C., sec. 1512. ‘Vacancy in Mayor’s office within 6 months of expiration of his term see next section (sec. 13). : Sec. 18. Vacancies in elective offices—how ase any elective office shall become vacant within six months from ‘dnt expiration of the time for which its incumbent shall have been elected, then the Coun- eil shall by election fill the vacancy for the unexpired term. In case the Mavyor’s office shall become vacant within six months from the expiration of his term, then the President of the Council shall be e.x- officio Mayor for the unexpired term. See for ordinance similar to this section R. C., sec. 1689; ord. for filling vacancy in Mayor’s office see R. C., sees. 1513-1514. As to the suspension and removal of officers, existence and filling of vacancies see note to sec. 5 of this article. The above section 13, providing for filling vacancies occurring in an elective office within six months of expiration of term, ete., does not (in view of Art. ART. IV, Sec. 14-16. | CHARTER OF THE CITY OF ST. LOUIS. 351 III, sec. 26, clause 8) exclude the right of the municipal assemhly to make pro- vision for filling a vacancy occurring more than six months before the expira- tion of the time for which the term runs, and the ordinance applying to such case (now R. C., sec. 1690) is valid: State ex rel. vs. Thomas, 102 Mo. 85, 89. Sec. 14. Deputies of Sheriffs, ete.—The Sheriff, Coroner and Mar- shal may have such deputies as may be provided by ordinance. Assistants may be removed. —The assistants of any officer shall hold their position during good behavior, unless otherwise provided by ordinance, but may be removed for cause by the Mayor, or by the officer under whom they work, at his pleasure. See note below. Offices to be in City Hall.— All offices of the several departments of the city shall be in the City Hall or some other building owned by the city, unless otherwise specially provided by the Assembly. Deputies of Marshal, see R. C., sec. 1332. Duties of Marshal, see Charter IV, sec. 31; R. C., secs. 1329-1333; Scheme, secs. 6, 18, 27, 30. Sheriff’s duties and powers: Scheme, sec. 18: Especially Act on Sheriffs and Coroners in St. Louis R. S. 1899, pages 2548-2551; also set out herein under “Laws Specially Applicable to St. Louis,’’ Chapter 29, secs. 550-568; when entitled to counsel see 78. sec. 568: R. 5. 1899, sec. 10046./ Coroner’s duties and powers: Scheme, sec. 5; R. S. 1899, pages 2548-2551, set out herein “Laws Sp. Ap.”’ etc., secs. 555, etc. As to election of coroner see note to Charter “Art: (PV; sec: i. Assistants to officers: Inspectors of buildings 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. Knittel vs. Longfellow, 93 Mo. App. 364 and State ex rel. vs. Longfellow, 95 Mo. App. 660. Offices in City Hall: There is no law prohibiting the removal of the recorder’s office from the old courthouse to the new city hall, nor does it make any dif- ference that the latter is on ground which was outside the city limits when the city was the county seat: Babcock vs. Hahn, 175 Mo. 136. ; Sec. 15. Qualifications of Mayor.—The Mayor shall be the chief executive officer of the city; shall be at least thirty vears of age. When the Mayor ceases to possess the qualifications required in this Charter, his office shall become vacant. ? ° The provision originally contained in this section (15) requiring the Mayor to be a freeholder of property in the city, was superseded and annulled by pro- visions of Rev. St. 1899, sec. 5259, and is omitted. Sec. 16. Duties of the Mayor—may remit fines, etc.— may ap- point examiners.—He shall, from time to time, give the Assembly informa- tion relative to the state of the city, and shall reeommend to their consideration such measures as he may deem expedient in the interests of the city. He shall take care that the laws of the State and the ordinances of the city are respected and enforced within the city; and may remit fines, costs, for- feitures and penalties duly imposed for violation of any ordinance, and shall make a report of the same to the Assembly at every session thereof. He shall have power to appoint a competent person, or persons, to examine the affairs of any department, or departments, whenever he shall deem it necessary. Ordinances specially respecting and relating to Mayor, are contained in Rev. Code, Chap. 17, secs. 1487-1514 inclusive; sec. 1493 being a literal repetition of this* charter clause. As to remission of fines, penalties, etc., see also note to R. C., sec. 1497, and of police court’s power to remit, see note to sec. 1308. The authority of the Mayor se) on bo CHARTER OF THE CITY OF ST. LOUIS. [ART. IV, Sec. 17-19, to remit a fine can only be exercised after the fine has been imposed: State ex rel. vs. Noonan, 59 Mo. App. Il. 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. Absence of Mayor—how provided for.—The President of the Council shall perform the duties of Mayor whenever, and so long as the Mayor from any cause is unable to perform his official duties. If the Mayor and the President of the Council are both absent from the city, or otherwise disabled from performing the duties of the Mayor, the Speaker of the House of Delegates shall, for the time being, discharge the duties of said office, and either of them, while acting as Mayor, shall receive the Same compensation as the Mayor. The ordinance (R. C., sec. 1494) is literally the same as above. The compensa- tion of the Mayor cannot be reduced because of his absence: Bates vs. St. Louis, 1538 Mo. 18, 22. Sec. 18. Special sessions of the Municipal Assembly.—The Mayor may, by proclamation, ¢all special sessions of the Assembly, giving not less than three days’ notice, and shall specially state to them, when assembled, the objects for which they have been convened, and their action shall be confined to such objects. Ordinance provision Rev. Code, sec. 1496,is the 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. 18, 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 it 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 general terms that legislation was desired under designated articles and sections of the St. Louis Charter, was held to be sufficiently definite in Allen vs. Rodgers, 20 Mo. App. 290. So also it was thought by the Kansas City court of appeals that where the Kansas City 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 governmental 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, followed in McQuiddy vs. Vineyard, 60 Mo. App. 1. c. 619. Sec. 19. Officers to reside within the city.—The permanent resi- dence of the Mayor and all other officers of the city except when otherwise provided by ordinance, shall be within the limits or jurisdiction of the citv; otherwise their offices shall become vacant. For ordinance see R. C., sec. 1687. See as to residence and citizenship being qualification, Art. IV, sec. 10, and note. ART. IV, Sec. 20. | CHARTER OF THE Crvy OF ST. LOUIS. 353 See. 20. Duties of Comptroller.—The Comptroller shall exercise a general supervision over the fiscal affairs of the city; the collection and return into the treasury and disbursement of all revenue and moneys of the city; of all property, assets, and claims, and the sale or other disposition thereof ; and, by and with the advice and consent of the Mayor, shall see‘that all necessary official and legal proceedings are had for the protection of the city’s interests in all such property, assets and claims; that proper rules and regulations are prescribed and observed in relation to all accounts, settlements and reports, connected with the fiscal concerns of the city; that no liability is incurred, or expenditure made from the treasury, with- out due authority of law; and that appropriations are not overdrawn. He is especially charged with the preservation of the credit and faith of the city in relation to its public debt and other liabilities, and whenever it is necessary to meet payments thereof, principal or interest, he shall, with the written approval of the Mayor, make his requisition for a warrant on the treasury for that purpose; and shall, with the Mayor’s written ap- proval, do and perform any and all other acts and things, not inconsistent with the provisions of this Charter, and any ordinance thereunder, as are proper to accomplish the duties contemplated herein. He shall make an- nual reports to the Assembly and to the Mayor on his request, on the financial condition and requirements of the city, with: careful statements and estimates of receipts and expenditures. The records in nis office shali show the financial operations, conditions, property assets and claims of the city, the expenditures authorized for public works, and all contracts, with names of contractors, in which the city is interested, and the bonded or other indebtedness of the city. He shall require all claims returns, set- tlements, or reports to be verified by affidavit. He shall countersign all warrants drawn on the city treasury for any payments, except as here- inafter provided, and shall duly record the amount and nature of same. He shall have access to the books and other records of any department un- der the city government, whenever he so desires, and he shall see that the accounts of the city are kept in a plain, methodical manner. See Rev. Code, sec. 2427. Bond of Comptroller.—He shall give bond to the city in the sum of not less than three hundred thousand dollars, with not less than three good securities, holders of unincumbered real estate in the City of St. Louis, to be approved by the Mayor and Council. See Rev. Code, sec. 2426. Additional duties of Comptroller.—He shall have a seat in either branch of the Municipal Assembly, with a rght to debate on any question per- taining to his department, but shall have no vote. Should any judgment be rendered against the city, for which no provision has been made by ordi- nance, or otherwise, the Comptroller 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 special tax-bills, and all other claims, marshal’s, sheriff's, or constables’ deeds or certificates of sale, in the nature of liens on property in which the city is directly or indirectly imterested as owner or creditor, shall be deposited with the Comptroiler, and his receipts taken therefor and filed with the Auditor. . He shall keep a full and complete register thereof, and whenever the Treasurer's receipt is 304 CHARTER OF THE CITY OF ST. LOUIS. [ART. IV. Sec, 21-22. presented and filed in his office for any such bill or claim, he shall release the same on the register, and, when necessary, the Mayor and Comptroller shall execute a quit-claim deed for the property redeemed. For ordinances specially relating to Comptroller hereunder, see Rev. Code, Chap. 37, Art. 3 (secs. 2425-2437), some of which are reiterations of these charter provisions; respecting treasury department, see Ch. 37, Art. 1 (secs. 2387-2405). There are many other charter provisions and ordinances affecting the rights and duties of Comptroller. Sec. 21. Duties of Auditor—official bond, ete.—The Auditor shall be the general accountant of the city, and as such it shall be his duty to receive and preserve in his office all accounts, books, vouchers, documents and papers relating to the accounts or contracts of the city, its debts, revenues, and other fiscal affairs, and to adopt a proper mode and manner of double- entry bookkeeping. He shall state and render all accounts filed or kept in his office between the city and other person or body corporate, except when otherwise provided by law or ordinance. He shall examine, adjust and audit all unsettled accounts, claims and demands against the city for the payment of which any money may be drawn from the city treasury, and after having examined the same with all accompanying vouchers and docu- ments, shall certify thereon the balance or true state of such claim or de- mand, and draw his warrant on the Treasurer in payment thereof; but no such claim or demand, or any part thereof, shall be audited against the city unless it is authorized by law or ordinance, and is in proper and fully itemized form, and unless the amount required for the payment of the same shall have been appropriated for that purpose by the Assembly. He shall have power to administer oaths, and shall require settlements of accounts to be verified by affidavit, whenever he thinks proper, and shall keep the accounts of the city, general and special, in a systematic and orderly man- ner. He shall give bond to the city in the sum of not less than one hundred thousand dollars, with not less than three securities, who shall be holders of unincumbered real estate within the city, to be approved by the Mayor and Council. He shall audit all bills, when presented in proper form and duly authorized, bearing the necessary signatures, or certificates, and other- wise in accordance with the law and ordinance. He shall be responsible for all acts of his employes. Ordinances specially relating to Auditor hereunder, see Rev. Code. Chap. 37, Art. 2 (sees. 2406-2424); and respecting treasury department 76. Art. 1. See diseussion and authorities as to Auditor, and his duties and powers, in note to said Art. 2 of Chap. 37 of Rev. Code. Sec. 22. Duties of Treasurer.—It shall be the duty of the Treasurer to receive and keep the money of the city, and pay out the same on the war- rants drawn by the Auditor and countersigned by the Comptroller, except as hereinafter provided. All moneys belonging to the city received by any officer or agent thereof, either from collections, loans, sale of bonds, fees, fines and penalties or otherwise, shall be deposited in the city treasury regularly once a day, unless otherwise provided by law or ordinance, and, in case the provisions of this section are not complied with, it shall be the Treasurer’s duty to report any delinquencies to the Mayor. He shall give triplicate receipts in all cases, one for the party paying, one for the Auditor, and one for the Comptroller, which shall set out the amounts paid and from what it proceeds and to what account credited. AJl payments on account of pay-rolls shall be made by the Treasurer, after the same have been audit- ed and placed in his hands therefor. His books shall at all times be open — — ART. IV, Sec, 23.] CHARTER OF THE CITY OF ST, LOUIS. 355 to the inspection of.the Mayor, Comptroller, or any member of the Munici- pal Assembly, and he shall report the balance in the treasury each day to the Comptroller and Mayor. Rev. Code, sec. 2439. Bond of Treasurer.—He shall give bond for the faithful performance of his duty in the sum of not less than five hundred thousand dollars, with not less than five securities, who shall be holders of unincumbered real estate within the city, to be approved by the Mayor and Council. Rev. Code, sec. 2439. Selection of banks for city deposit.—The Mayor, Comptroller and Treasurer shall annually select a bank or banking institution which will give the highest rate of interest for the current deposit of the city’s funds: Provided, however, that before any deposit shall be made by the Treasurer, the said bank or banking institution shall give a bond for five hundred thousand dollars, with good and sufficient securities, to be approved by a unanimous vote of the fund commissioners, for the safe keeping and prompt payment of said funds or any part thereof, when demanded by the Treas- urer, and shall at all times keep the securities on its bond satisfactory to said commissioners. For ordinances specially applicable to Treasurer hereunder, see Rev. Code, Chap. 37, Art. 4 (secs. 2438-2446); for treasury department see R. C., Chap. 37, Art. 1 (secs. 2387-2405). For state law concerning selection of banks for deposit of city funds, see Laws Mo. 1903, page 95, amending R. S. 1899,.sec. 6251 (set out herein in ‘‘Laws Spec. Applicable to St. Louis’’) Ch. 21, secs. 397-398; see R. C., sec. 2439. Sec. 23. Duties of Register.—The Register shall have the custody of the city seal, the public records, the original rolls of ordinances of the Municipal Assembly, all original contracts, deeds and certificates relative to the title of any property of the city, all official, penal, indemnity or security bonds, and such other records, papers, and documents of value, as are not required to be deposited with any other officer, all of which shall be registered by numbers, date, and contents; he shall attest all public in- struments or official acts of the Mayor, by his signature and the seal of the city, and shall also certify, under his hand and the seal of the city, all copies of such original documents, records and papers in his office, as may be required by any officer or person, and charge therefor to individuals such fees as may be provided by ordinance, and he shall provide copies of all contracts in his office for the Auditor and Comptroller, when requested so to do by them. He shall have general supervision of the public printing, and shall see that it is executed as hereinafter provided; and shall cause to be printed, filed and preserved, in his office, all ordinances passed by the Assembly; shall register and preserve, in his office, all contracts, the oaths or affirmations taken by the city officers, and may administer such oaths or affirmations. He shall appoint such clerks as he may require, subject to the approval of the Mayor. He shall do and perform all duties now required of the Clerk of the County Court by any general or special law not incon- sistent with this section or the Scheme, and shall exercise the same power, authority and jurisdiction as said clerk for the proper execution of the laws of this State. Ordinances specially relating to Register: Rev. Code, Chap. 28, secs. 2062-2069. See also note to said Chap. 28 and to sec. 2062, as to the duties of the Register. He performs certain functions performed by the county officials before the sep- aration of the City and County: See note thereon and references introductory to Art. I of the Charter, under “General considerations respecting the Charter— transfer of old county functions to corresponding City officials,” ete. 356 CHARTER OF THE CITY OF ST. LOUIS. [ART. IV, Sec. 24-27. Sec. 24. Duties of Collector—official bond, ete.—The Collector shall collect all city, State and school taxes, licenses, wharfage, and all other claims that the city may have against any person, and shall pay the same over to the Treasurer once each day. The State and school taxes collected by him shall be paid as provided by law. He shall give bond, for the faith- ful performance of his duties, in such sum as the Municipal Assembly may deem requisite, not less than two hundred thousand dollars, with five se- curities, who are owners of unincumbered real estate in the city, which shall be approved by the Mayor and Council; and shall keep the books and accounts of his office as may be directed by ordinance, or, in the absence of any definite requirements, the Comptroller shall prescribe the manner of keeping such books and accounts. For ordinance provisions on Collector see R. C., Chap. 32, secs. 228 also Charter, Art. IV, secs. 30 to 34 inclusive, and Art. V., secs. 30-35. That provision of this seetion which requires the Collector to colleet all licenses is superseded by the statute creating the office of license collector, and con- ferring on him the duties respecting licenses theretofore performed by the city eollector or license commissioner. (Water, dramshop, boat and wharf licenses are excepted): See said statute law herein set out, with notes, in “Laws Speci- ally Applicable .to St. Lowtis,’ Chapter 17 (sees. 3824392); being Laws 1901, pp. 80g 82; and see further on this subject, particularly the notations to the Rey. Code, ‘Chap: 30, constituting secs: 2104 to. 2125. ek also see. 2288 et seq. And as to dramshop licenses see Chapt. 8 (sees. 229-236) of “Laws Specially Appli- cable to St. Louis,” with, notations, being R. S. 1899, sec. 3019 e¢ seg, as amended by Laws 1905, p. 141; and notes to R. Code,-.secs, 2150-2164. Concerning the duties of Collector with respect to taxation in eeneral see Charter,: Art; V. secs. 30-35; also “Laws Specially Applicable to St- Louis,” Chap. 26, sec. 469, 471-492 and notes. Sec. 25. Police Justices, powers and juris The police Justices, or any acting justices pro tem, shall have jurisdiction over all cases arising under this Charter, and of the violation of any ordinance, or of any provisions of this Charter, subject to appeal, either by the city or defendant, to the St. Louis Court of Criminal Correction, in like manner as provided by law for appeals from justices of the peace in criminal cases to their appellate court, and power to punish all contempts of court, by fine not exceeding one hundred dollars, and by imprisonment not exceeding ten days; and power to enforce all legal orders and judgments, as a eourt of record may; and power to give final judgment against the principal and security on any forfeited bond or recognizance returnable to this court, subject to an appeal, as in other cases. As to ordinances on Police Justices and police courts and officials connected therewith, see Rev. Code, Chap. 13, Art. 1 and 2 (secs. 1261-1323). For full discussion of matters relating .to police courts under the charter pro- ‘visions, and in general as to their jurisdiction, procedure, nature, of (the * pres ceedings, effect thereof, appeals incident to police court matters, executions, viola- tions of ordinances, and similar matters, see note to Rev. Code, sec. 1265; and alsa notes to, sees. 1279, 1264, 1305. and other sections under Art. 1 of Chap. 13: Sec. 26. Police Justices to be conservators of the peace, ete. Justices of the Peace to have concurrent jurisdiction in certain cases.—The police e justices shall be conservators of the peace through the city, sd shall exercise the powers and perform the duties which may be prescribed by ordinance. The justices of the peace within the city shall have concurrent jurisdiction with the police justices in all cases under ordinances or char- ter, when the Mayor shall direct prosecution before them. — Sec. 27. Municipal Assembly may increase number of Police Justices and establish judicial districts— Courts of Police Jus- ART. IV, Sec. 28-29.] CHARTER OF THE CITY OF ST. LOUIS. 307 ° tices, where Municipal Assembly shall have power, froin time to time; by ordinanee, mae by a vote of two- thirds of the members elected to eacd house, increase the number of police justices, who shall be appointed and holh . office for a term of four years, as hereinbefore provided in reference to such justices. Said Assembly shall, by ordinance, divide the city into judicial districts, and may, from time to time, alter the same, and may also give, to the justices of such districts, exclusive jurisdiction of causes arising in their respective districts; and shall, by ordinance, provide for holding police courts whenever the justice of any such court is disabled or disqualified by absence, sickness or otherwise from holding the same; may authorize any other police justice or any justice of the peace of the City of St. Louis to hold such court and discharge the duties of such justice during the continuance of the disability or disqualification, and shall also provide for the trial of causes pending in the court of any police justice, in which said justice may be a material witness, or in which he may be interested or of kin to the defendant. The police justices shall hold their court in such places as may be provided by ordinance, and in the absence of and until such provision shall be made, they me hold them at such places as | the Mayor may direct. Ordinances creating districts, holding court, jurisdiction, etc., see Rev. C., sec. . 1261 ef seg. As to creation of additional police court, see “Police e Court South of Arsenal Street,’ Rev. Code, secs. 1318 1323 Sec. 25. Municipal Assembly to define duties of city officers.— The Municipal Assembly shall, by ordinance, define the duties of all city officers, and may change, increase or diminish, them in a manner not inconsistent with this charter. : As to right of assembly to. distribute charter duties amongst other officials, or to abrogate an office altogether, see Charter III, sec. 382 and note; as to power to create offices see Chart., Art. IV, sec. 45. Assembly may define duties: St. Louis vs. Liessing, 190 Mo. 464, 491; in the absence of any definition of the duties of a public officer, his duties may be inferred from the nature of his office and employment: State ex rel. vs. Wal- bridge, 69 Mo. App. 657, 668. An officer or city official has no vested interest in his office, and the city may abrogate the office and thereby cut off the salary: Magner vs. Sta. uous. 179 Mo. 495; Primm vs. Carondelet, 23 Mo. 22. And hence in this country official duties may be modified, or changed, or abro- | gated, without the consent of the incumbent: See State ex rel. vs. Valle, 41 Mo. 29; Westberg vs. Kansas City, 64 Mo. 1. c. 5038. As to right of.officers to recover salary,.see also note to-Art. XVI, sec. 17. Sec. 29. Commissioner of PUpDues, his duties, etc.—contracts to be approved by Mayor. ISS] of Supplies shall purchase all articles needed by the city in its several departments. The Municipal Assem- bly. shall provide, by ordinance, for the purchase of all articles, so far as prac- ticable, by advertising for proposals at stated periods. All purchases made by him Without advertising for proposals shall be approved by the Comp- troller before the same shall become binding on the city. In advertising for proposals to furnish supplies, quantity and quality of all articles shall be fully stated, and any bidder may bid for any one article named. ' The award for each article shall, in all cases, be made to the lowest bidder therefor. The Commissioner of) Supplies shall furnish to the bidders printed blanks, which shall be filled up by the bidders with the price of the article to be furnished, and shall, in specifying the quantity and quality of any article, recite the advertisement. All bids shall be sealed, and 358 CHARTER OF THE CITY OF ST. LOUIS. [ART. IV, Sec. 30-32. opened at an hour and place to be stated in the advertisement for proposals, ir the presence of as many of the bidders as may desire to be present, and shall be subjected to the inspection of the bidders. All bids having any alteration or erasure upon them shall be rejected. All contracts shall be approved by the Mayor before they shall become binding upon the city. . . . 99 oO Ordinances on Supply Commissioner see Rev. Code, Chap. 36, secs. 2366-2386. Judge Sherwood in his elaborate dissenting opinion in Verdin vs. St. Louis, 131 Mo. loc. cit. 161-164, considers this section (Art. IV, sec. 29) and distinguishes it from Art. VI, sec. 27, showing that the former applies only to the commis- sioner of supplies and applies only to a limited extent to the Board of Public Improvements when performing the duties assigned to it under Art. VI, sec. rae and that the commissioner awards the contract to the lowest bidder without discretion. (But see present provision in R. C., sec. 2373.) Art. VI, sec. 27, applies to letting contracts for public work. Art. XV applies to contracts for printing and binding. Sec. 30. Inspector of Weights and Measures, duties, ete.—The Inspector of Weights and Measures shall, at least once in each year, and as much oftener as may be ordained by the Assembly, inspect every scale, weight and measure used in the City of St. Louis, for the purpose of determining the quantity of merchandise sold or offered for sale. The Assembly shall, by ordinance, fix the fee to be paid for such inspection, for which a license shall be granted in every case by the Inspector, and all such fees he shall monthly, report to the Comptroller, and daily pay into the city treasury. 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 is made. He shall receive a fixed salary for his services. No per- son within the City of St. Louis shall use any scale, weight or measure to determine the quantity of any merchandise sold or offered for sale, which 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. Sec. 31. City Marshal, duties, ete.—to serve and return notices of special tax bills.—The Marshal shall execute and return all processes and orders of the Mayor, Law Department, Health Department, Police Justices or Justices of the Peace, St. Louis Criminal Court and St. Louis Court of Criminal Correction, and all notices of special tax bills, under any law or ordinance, except as in this Scheme or this Charter otherwise provided; he shall keep a detailed account of the receipts of all money collected by his office, and of all delinquencies, and shall report all receipts and delin- quencies, monthly, to the Comptroller; he shall appoint, with the approval of the Mayor, such deputies as he may require. Marshal’s duties, ete.: See Rev. Code, secs. 1329-1333; Scheme, secs. 6, 18, 17, 30; State ex rel. vs. Walbridge, 119 Mo. 1. ec. 395-396 (citing Charter, Art. IV, sec. 21) 7) Reports) Arti sLV.) see. 48: AS toswMarshals.,deputies. see Chart. Arte uve Secu 04s RiCwisecilsoe The above section is as amended at election on Oct. 22, 1901. The amendment was made to require the Marshal to execute “all notices of special tax-bills,’’ thus providing an official record thereof, whereas prior thereto the service was left to the parties in interest. Sec. 32. City Counselor, duties, ete.—The City Counselor shall be the chief law officer of the city. He shall prosecute and defend all suits originating or pending in any court of record, except the St. Louis Criminal Court and St. Louis Court of Criminal Correction, to which the city is a ART. IV Sec. 33-35. ] CHARTER OF THE CITY OF ST. LOUIS. 359 party, or in which the city or any of its officers are officially interested; he shall advise either house of the Assembly or any committee thereof, in writing, when required, as to all legal questions that may arise before them. He shall advise the Mayor, and through him all other officers, , in relation to their duties, or in relation to the interests of the city in which they are directly engaged, and from time to time make such reports in re- lation to the suits in which the city is interested as may be required by the Mayor or the Assembly. He shall have a superintending control over the business intrusted to the City Attorney, and when necessary he shall aid him in the discharge of the duties of his office, at the request of the Mayor. As to ordinances relating to City Counselor, his duties, office, and associates and assistants, see Rev. Code, Chap. 14, Art. 2 (secs. 1348 to 1375). He is re- quired to advise the Police Board: Charter, Art. XVI, sec. 4. Sec. 33. Board of Public Improvements— meeting — duties of. —The Board of Puble Improvements shall meet at least once in each week at its office to consider and take under advisement such business as may come before it. Said Board shall furnish through its President to the Mayor, the Municipal Assembly or either branch thereof, such data and informa- tion as may be required, or which it may from time to time deem necessary to impart. A majority of said Board shall form a quorum for the trans- action of business, but no final action shall be taken in any matter con- cerning the special departments of any absent commissioner, unless this business has been made the special order of the day. For ordinances on B. P. I. in general, see Rev. Code, Chap. 24, sec. 1904, and following. As to annual report of B. P. I. to Mayor see Art. IV, sec. 48; ordi- nances on salaries and bonds of members of B. P. I. and employes, R. C., Chap. 24, Art. 9, secs. 1995 to 2017, and see also references in notes to each head of department as given below. Under the city ordinances (now amended and appearing as sec. 1909 in R.C.) in the absence of the Street Commissioner the assistant and acting Street Com- missioner had the right to attend the board meeting, but not to vote; held that his attendance satisfied the provision that ‘‘no final action shall be taken in any matter concerning the special department of any absent commissioner,” etce., when a unanimous vote is not required: Construction Co. vs. Loevy, 64 Mo. App. Zs0e4a0, (Suc) Li9’ Mo. 455,5no discussion on this point). As to ,ordinance, oy quorum. see R. C., sec. 1914. An appellate court cannot review the discretion of the B. P. I. unless it is so exercised as to be clearly subversive of public rights: Gay vs. Tel. Co., 12. Mo. App. 485; Forsythe vs. Tel. Co., 12 Mo. App. 494. As to discretion and duties of the board respecting contracts for Public Improvements see notes to Art. VI of Charter. Record of board: It is true that the Charter does not,in express terms, direct the Board of Public Improvements to keep a record of its proceedings, but such a duty by necessary implication is imposed by reason of the important part or adjunct of the municipal government it fills. Its record is admissible in evi- dence to show a departure from jurisdictional forms prescribed by the Charter, but a finding of fact by the board is not conclusive: Fruin Bambrick Co. vs. Geist, 37 Mo. App. 509, 515. Sec. 34. Members of Board to be heads of departments.—The Commissioners named in section 3 of this article shall be, respectively, the heads of their several departments, and shall be responsible for all actions of their employes. See Rev. Code, sec. 1916. Sec. 35. Street Commissioner— duties, etce.—The Street Commis- sioner shall have under his special charge the construction, reconstruction, 360 CHARTER OF THE CITY OF ST. (LOUIS. [ART. IV, Sec. 36-39. repairing and cleaning of the public streets, alleys and places, excepting parks. : Ordinances on Street Commissioner and his office in general, see Rev. Code, Chap. 34, Art. 3, secs. 1945 to 1954 and notes. Also R. C., secs. 1996 and 1076, As to duties, powers, etc., respecting streets, see the various articles of Chap. 12 of Rev. Code, relating to Highways. As to construction, reconstruction, repairing, , ete., see Charter, Art. VI and notes:, Rev. C.,. secs. 1945 e seq., garbage, secs. R. C. 1199 e/ seg.; sprinkling, 941-1082. See. 35 of Art. IV ‘referred to;';Steffen vs.*St. Louis, 135 Mo. 44,,50. Sec. 36. Sewer Commissioner—duties, ete.—The Sewer Commis- sioner shall have under his special charge the construction, repairs and cleaning of all public district sewers, inlets, manholes, and other appurten- ances belonging thereto. For,ordinances in general on Sewer Commissioner and his office see Rev. Code, Chap. 24, Art. 4, secs. 1955-1956, and note; also 25.,Art. 9, sections 1997, 2001, 2011: As to provisions concerning sewers, see Charter, Art. VI, secs. 20 to 23: ordi- nances Rev. Code, Chap. 34, ‘secs. 2302 and following, and notes; also Charter ITT, sec. 26, c'ause 2,‘and notes thereto; and Art. VI, sec. '2. Sec. 37. Water Commissioner —duties, ete. — The Water Commis- sioner shall have under his special charge the pumping machinery, reservoirs and water pipes, and other property connected with the waterworks. He shall have the superintendence over the enlarging of the works and the laying of water pipe, and shall exercise a general supervision over the entire water works department, excepting the collection of water rates. For ordinances on Water Commissioner and his office see Rev. C., Chap. 24, Art, 5;;secs> 1957 to 196382 alsonzoArt..9) Secs 99S. 200t- e200b eto. ZOLO: For Charter provisions see Art. VII, and notes. See. 38. Harbor and Wharf Commissioner—duties, ete.—The Harbor and Wharf Commissioner shall have under his special charge the con- struction and repairs of dykes, wharf and levee, and shall be specially charged with the execution of all ordinances of the city which relate to dykes, wharf and levee, steamboats 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. For ordinances on Harbor and Wharf Commissioner in general see Rev. Code, Chap. 24, Art. ‘6, secs. 1964 to 1969; 1999. Salaries and employes, R. C.. secs. 1965; 2012-2014; 411. Ordinances on Harbor and Wharf department see Rev. Code, Chap. X, secs. 345 to 436; Charter, Art. IX; see also city’s power to regulate wharves, etc.: Charter, Art. III, sec. 26, clause 2, and note. Sec. 39. Park Commissioner—duties, ete.—The Park Commis- sioner shail have under his special charge and control all the public parks and places and squares of the city, excepting such as are by this Charter, or by their dedication or other special provisions in the nature of a contract. excluded from the control of the city. For ordinances on Park Commissioner and his office in general, see Rev. Code, Chap. 24, Art. 7, secs. 1970-1975. Salaries and employes: Rev. Code,: secs. 2000- 2002-9201 b=20 10s As to Public Parks see Rev. Code, Ch. 25, and note; secs. 2018-2035; Charter, Art. VIII, and note. ; ART. IV, Sec. 40-438. ] CHARTER OF THE CITY OF ST. LOUGS. 361 Sec. 40. Gas Commissioner—duties, ete.—The Gas Commissioner shall have under his special charge and control all the property belonging to the city gas works, and shall exercise a general supervision over the said works and the laying of all gas mains and pipes, and erecting, repairing, lighting and cleaning street lamps. Sec. 41. President of the Board of Improvements to have supervision over other commissioners, and authenticate special tax bills.—The President of the Board of Public Improvements shall preside at the meetings of the Board, and shall have charge of all the public improvements not specially provided for in this article. He shall have a general supervis- ion over the departments of all other Commissioners of the Board of Public Improvements, and shall inform the Mayor‘or Municipal Assembly of any dereliction of duty of any Commissioner. He shall authenticate all special tax bills against property owners chargeable with special taxes for work - performed or materials furnished under ordinances of the city which said bills shall be made out and certified to him by the head of the department under which said work is done or material furnished. For ordinance on President Board Public Improvements, see Rev. Code, Chap. 24; Art. 2, secs. 19385 to 1944. : As to salaries and employes, see in addition to those in above sections: Rev. Code, secs. 1995, 2003, 2004. As to duties in connection with special tax bills for improvements, ete., see Charter, Art. VI, sec. 24, and notes thereto. The duties of the President involve the exercise of high discretion and cannot be delegated: Stifel vs. Co., 38 Mo. 340.. Sec. 42. Assembly may provide additional duties for Board.— The Municipal Assembly shall provide by ordinance such additional duties of and requirements from the Board of Public Improvements and its several members, as it may deem necessary, and for the appointment by them of such assistants and employes as the demands of the several departments may require. For ordinances in pursuance to this section see references in the several pre- ceding sections. For note on this section see McQuillin’s Amend. Chart.( un- official work). p. 271. Sec. 43. Oath of city officers—bond of same.—Every of- ficer of the city and his assistants, before entering upon the duties of his office, shall take and subscribe to an oath or affirmation before some judge or justice of the peace or the Register, that he possesses all the qualifica- tions. prescribed. for his office by the Charter; 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. And every offcer of the corporation, when so required by law or ordinance, shall, within fifteen days after his election or appointnent, and before entering upon the discharge of the duties of his office, give bond to the city in such sum as shall be designated by ordinance, conditioned for the faithful performance of his duties, and that he will pay over all moneys that belong to the city as provided by law. If any person elected or appointed to an office shall fail to take and subscribe such oath or affirmation, or give bond as herein required, his office shall be deemed vacant. For any breach of the condition of said bond, suit may be insti- tuted thereon by the city, or by any person in the name of the City of St. Louis, for the use of such per Son or persons. See note below. Officers The term “officers,” whenever used in this Char- ter, shall include all persons holding any situation under the city govern- 362 CHARTER OF THE CITY OF ST. LOUIS. LART: IV, Sec. 43. — ment or its departments, with an annual salary or for a definite term of office; and the term “fiscal officers,” whenever used, shall include all per- sons engaged in any relation in the collection and disbursement of the city’s money. See note below. Forfeiture of office for failure to pay over money.—Any failure on the part of any city officer to pay into the treasury of the city the balance reported by the Auditor to be due from him to the city, upon the adjustment of his account, shall cause a forfeiture of his office, and such balance shall bear interest at ten per centum per annum from the time it should have been accounted for until it shall have been paid into the treasury. The Mayor shall immediately order suit to be commenced in the proper court against the delinquent officer for such balance. Oath: For ordinance see R.C., sec. 1675. Oath is also required by Charter, Art. XVI, sec. 18. As to necessity of oath and failure to take within the time limited see Beach on Pub. Corp., sec. 176: Bonds, to be given by city officers and approved by Mayor and council: See ATUGLV ES SCCH ASR NOseSCCS MIL ON DeaLOs 4. As to compelling approval of bond by mandamus, where there is no valid objec- tion to the bond itself, see State ex rel. vs. Shannon, 133 Mo. 139, 165-167; State ex rel. vs. Wear, 37 Mo. App. 325. - Officers: Under the definition of officers in this section, a building inspector is not included: Magner vs. St. Louis, 179 Mo. 495, 503; State ex rel. vs. Longfellow, 95 Mo. App. 660. ; See as to interpretation of a similar provision: Weesner vs. Bank, 106 Mo. App. 668. A school director is a state officer, so as to confer jurisdiction on the Supreme Court to determine title to office: State ex inf. vs. Fasse, 189 Mo. 5382. (See also as to school directors State ex rel. vs. Bus, 135 Mo. 325, and note to Charter, EAST Toon ELS) So a Circuit Clerk: State ex rel. vs. Rombauer, 101 Mo. 499. Board of Police and Metropolitan Police officers are state officers: State ex rel. vs. Commissioners, 184 Mo. 1. c. 133 (Kansas City police), citing State ex rel. vs. Mason, 153 Mo. 1. c. 438 (St. Louis police). See State ex rel. vs. Hawes, 177 Mo. 360; Marshall, J., dissenting in State ex rel. vs: Stobie, 92 Southw. 191, Ties 2202S 9 Ci 194 Monat, But the police are city officers as well as state officers; the dual capacity is expressly provided and is recognized as lawful: State ex rel. vs. St. Louis, 174 Mo. 125, 131, citing Carrington vs. St. Louis, 89 Mo. 1. c. 214. See further State vs. Boyd, 108 Mo. App. 518, 524; State ex rel. vs. Stobie, 194 Mo. 14; R. S. 1899, sec. 6232, set out in “Laws Specially Applicable to St. Louis,” sec. 451. Mayor is city officer, not state: State ex rel. vs. Dillon, 87 Mo. 487. Member of the Municipal Assembly is a city officer: State vs. Kelly, 103 Mo. ADA Hille Election Commissioner in St. Louis is a state officer in the sense that his functions are not limited to municipal elections: and that he is not within the prohibition against city officers contracting with the city: State ex rel. vs. Meier, 96 Mo. App. 160. But he is not a state officer so as to confer jurisdiction on the Supreme Court of an appeal to a case where a state officer is a party: State ex rel. vs. Hig- gins, 144 Mo. 410. ; So also of a Sheriff: 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 county. See discussion by 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, Sec. 44-45. ] CHARTER OF THE CITY OF ST. LOUIS. 363 After calling attention to the different provisions and phraseology of the con- stitutional references to officers the court in State ex rel. vs. Bus, 135 Mo. 1. c. 887, says: “While the City of St. Louis is strictly a municipal corporation, its territory is also a subdivision of the state, in which officers are elected to per- form the functions of the state government as distinguished from those per- taining to municipal government. Those officers are in no sense municipal of- ficers,’’ etc. De facto officers: As to salary of such see note to Art. XVI, sec. 17. Where there is no office there can be no officer de facto: Weesner vs. Bank, 106 Mo. App. 668, 672; State ex rel. vs. Finn, 4 Mo. App. 347. When a municipal legislative body may be such de facto: Hilgert vs. Barber Co., 107 Mo. App. 385; see also Adams vs. Lindell, 5 Mo. App.197,s. c. 72 Mo. 198; Sle LOUIS s Visa SLOGUarOeaLoeeMOn eA DD.ou (od t. When appointment of one as officer will be implied, so far as the public are eoncerned: See note to R. C., sec. 1686. Resignation: Under the constitution of this state any officer may resign at will: : State’ ex réli vs. Bus, 135 Mo. }. ec: 331 (citme Const:, Art. 14, sec. 5). Liability of officers: A public officer charged with discretionary duties is not liable for negligent performance thereof, nor erroneous performance not actuated by willfulness or corruption: Schooler vs. Arrington, 106 Mo. App. 607, 609, citing a number of Missouri cases. See also as to liability of officer alleged to have done an act “in pursuance of an order of the city’: Quinn vs. Schneider, 118 Mo. App. 39, 43. But a superintendent of a workhouse, or jailer, although not actuated by malice, who Keeps a prisoner beyond the time authorized by law and charter, by exer- cising a void power to extend the term as a matter of prison discipline, is liable for false imprisonment: St. Louis vs. Karr, 85 Mo. App. 608, 614 (distinguishing eases holding an officer to be protected for acting under a void commitment fair on its face). And a Street Commissioner, who grades a street without the lawful authority of an ordinance (proceeding on simple resolution, which is void) is liable as for trespass, as well as the Mayor and aldermen who are present assisting and encouraging the work of such grading, to the owner abutting on the street: Reed vs. Peck, 163 Mo. 333. A collector is not personally liable for collecting taxes under an irregular assessment, but he is where the property is wholly exempt from taxation; nor is he liable where he proceeds under a legislative act, the validity of which is afterwards assailed and overthrown as unconstitutional: Walden vs. Dudley, 49 Mo. 1. c. 420-421, and cases cited. And even where the property is exempt, if such exemption is not absolute but conditional with a tribunal to review an assessment and determine the question, the collector has a right to suppose the unassailed decision of that tribunal to be correct: Lee vs. Thomas, 49 Mo. 112. Penalty for favoring unauthorized claim by any officer, missapplication of funds, etc., see Chart., Art. XVI, sec. 11. The criminal liability of municipal of- > ficers, agents and servants, is discussed in a note on p. 273 of Mr. McQuillin’s unofficial work ‘‘Amend. Chart.,” and thirteen different ways of violation of law enumerated. Loss of office is also discussed by that author on the same page, and the dif- ferent ways in which this may be incurred are set out. Sec. 44. Mayor to settle disputes between officers.—All ques- tions of difference between the officers of the city affecting their relative powers and duties may be referred by either of them to the Mayor, who shall examine and determine such questions, and his decision shall be final as between such officers. See. 45. Power of Assembly to create offices.—The Assembly shall have power, by ordinance passed by a vote of two-thirds of the mem- bers-elect of each house, to create any other office which it may deem neces- sary, and to provide for the manner of filling the same. Assembly may create office: St. Louis vs. Liessing, 190 Mo. 464, 491; or assembly may transfer duties from one office to another, or abrogate the office altogether: 364 GHARTER OF DEE Criy ORY Siw LOuLs: [ART. IV, Sec. 46-48. Chart., Art. IlI, sec. 32; or it may define the duties, and may change, increase or diminish same: .;Chart.,; Art. FV, sec. 28. Sec. 46. Mayor to enforce contracts—officers to report vio- lations of contract.—The Mayor shall see that all contracts and agree- ments with the city are faithfully kept and performed, and to this end he shall cause legal proceedings to be instituted and prosecuted against all persons or corporations failing to fulfill their agreements with the city. And it is the duty of every city officer, when it shall come to his knowledge that any contract with the city, relating to the business of any office, has been violated by the other contracting party, forthwith to report the fact to the Mayor. As to city contracts and incidents connected therewith, see discussion in note ton Cnartera Arie Vol Se Cwm Sec. 47. Chiefs of Departments to report annually to the Mayor and quarterly to the Comptroller—books, papers, ete., to be opened to inspection by Members of Assembly, Mayor and Comptroller—Mayor tosubmit all reports to assembly.—The Chief of every department shail report annually to the Mayor, and as often as may be required by him, and quarterly to the Comptroller, a full itemized account of all the money received and paid out by or through said depart- ment, and their books, papers and everything connected with their offices, shall be open for examination and inspection by any member of either house of the Municipal Assembly, and the Mayor and Comptroller. All annual reports shall be submitted by the Mayor, with his message, to the Assembly. For ordinances making provisions for reports from all fiscal officers and board, see R. G., sec. 23943. water rates. collector: -R: C.; sec. 2461. Sec. 48. Report of Comptroller.—The Comptroller shall, at the opening of each stated session of the Assembly, submit his report of the financial condition of the city and of the business in his office, and there- with the reports of all other fiscal officers. His report shall contain his estimates of the receipts and of the necessary appropriations to meet all the wants of the current vear. Report of Auditor.—The report of the Auditor shall comprise full and complete tables of facts in relation to the receipts and expenditures of the revenues since his last annual report. and an exhibit of the condi- tion of the several general and special revenue accounts, individual funds and other accounts on his books, and their balances. ; Report of Treasurer.—The Treasurer’s report shall exhibit the amount of cash on hand at the date of the last annual report, the amount since received and paid out, respectively, on account of each class of funds, and what balance remains to the credit of each. Report of Collector.—The Collector’s report shall embrace all his’ collections since his last annual report from all the different ‘sources, re- spectively, and the expenses of his office ‘in detail. . Report of Marshal.—The Marshal’s report shall state how much he has collected from fines, fees and penalties, respectively, of ‘all kinds, and how much from all other sources, and how much he has paid into the treas- ury, and also the expenses he has incurred and charged, and which were either deducted from his: collections, or paid out of the treasury, and on what account, in detail; also the amount of all uncollected bills of fines and fees. ART. LV, Sec. 49-50. ; VEAL OL eile ik Mes be LOU LS, 365 Report of Board of Public Improvement.—The report of the soard of Public Improvements shall set forth, in detail, the condition of the public works of the city, under appropriate headings, and description of each contract, the names of the contractors, the authority for and amount appropriated to each piece of work or contract, the amount paid thereon prior to the last annual report, the amount since, and an estimate of what is necessary to complete the same; how much, for what purpose. and under what authority expenditures have been made without written contract ap- proved by the Assembly, and all other things in their department of interest to the administration or the public. Sec.49. Commissioners on Charitable Institutions—their du- ties and powers—may remove officers of institutions.—The Com- missioners on Charitable Institutions shall have a general visitorial super- vision over all penal and charitable institutions supported wholly or in part by the city. They shall have power by an unanimous vote, to remove any appointed officer or employe of such institution, and shall, in case of such removal, notify the Mayor, and request him to fill the vacancy. The Mayor shall have no power to reappoint any person removed by the Com- missioners. For ordinances on Commissioners of Charitable Institutions see Rey. Code, secs. 1715-1727. The Commissioners have no right to remove a superintendent of the institutions, except for cause, and after due notice, charges and specifications and an oppor- tunity to be heard: State ex rel. vs. Brown, 57 Mo. App. 199 (upholding also an ordinance, now sec. 1720 of R. C.). Sec. 50. Commissioners on Charitable Institutions to meet monthly at the City Hall and visit institutions monthly— may recommend ordinances to Assembly—shall receive no compensation.—The Commissioners shall meet at least once in each month at their office in the City Hall, and shall visit all the institutions under their supervision at least once in each month. They shall recom- mend to the Assembly such ordinances as they may deem necessary for the welfare of the persons under their supervision, and in the interest of the city. They shall receive no pay for their services. For ordinances see Rev. Code, sees. 1715-1727. 366 CHARTER OF THE CITY OF ST. LOUIS. [ART. V, Sec. 1. ARTICLE V. REVENUE AND TAXATION. SECTION. ( SECTION. 1. Municipal Assembly to levy and collect personal attendance in office re- all taxes: rate of taxes in old and | quired. new limits. | 19. Assessment books, how made up. 2. Assembly may increase tax rate in ex- 20. Public notice to be given of completion tended limits. of books. 3. Enforcement of taxes. ‘ 21. Duty of Recorder of Deeds in reference 4. Licenses, wharfages and other dues. | to conveyances. 5. Blank licenses, tickets., ete., how is- 22. Property not laid off into blocks, etc., sued. to be assessed as agricultural lands. 6. Classification of taxes, ete. | 23. Costs of assessments, how paid. 7. Payments into city treasury. 8. Settlements of fiscal officers. BOARD OF EQUALIZATION. 24. Its organization,.and duties. ‘ APPROPRIATIONS. | 25. Reeord of proceedings. 9. Appropriations. | 26. Abstract of corrected assessments to 10. Limitation of appropriations. | be sent to Mayor and State Auditor; 11. Payments out of city treasury. | State, school and city tax-bills, how 12. All ordinances authorizing disburse- prepared; duty of Comptroller in ref- ments to be indorsed by Comptroller. | erence to tax-bills and assessment 13. Unadjusted accounts, how certified, ete books. 14. All expenditures, etc., must be by ordi- | 27. Ordinance fixing percentage of taxes, nance. 28. Comptroller to correct manifest errors in assessments. ASSESSMENT OI* PROPERTY. 29; AUthority .oOL Comptroller «asi. tonade= 15. Board of Assessors; Assembly to estab- linquent taxes, etc. lish assessment districts. | COLLECTION OF TAXES. 16. Official bonds of assessors: duties of 380. Bond of City Collector: district assessors; when assessments 31. Collector to collect all revenues except shall commence and end, etc. water rates. 17. Qualifications of assessors. | 32. Rebate on tax-bills. 18. Duties of President of Board of As- | 33. Authority of Collector to appoint depu- sessors; shall be accountable for all | ties. plats, books, etc., belonging to office; | 84. City Collector to perform all duties may appoint clerks and deputies; | discharged by County Collector. Section 1. Municipal Assembly to levy and collect taxes— rates for various purposes specified—rates for erecting public building s, how increased—revenue for erecting public build- ings. For the support of the government of the city, the improvement thereof, and the payment of the public debt, the Municipal Assembly shall, by ordinance, annually levy, assess and collect taxes on ‘all subjects and objects of taxation, and on all property within the city made taxable by law for State purposes; and establish the rate thereof, as follows, to-wit: For municipal purposes a sum not exceeding the maximum authorized by the Constitution of the State, or any amendment thereof; for the payment of the valid indebtedness of the city existing on the seventh day of April, eighteen hundred and ninety, and for the bonds issued in renewal thereof, 4 percentum sufficient, at least, to meet the requirements of Section two Article fourteen of this Charter; for the payment of indebtedness which may have been incurred thereafter or may be incurred hereafter, a per- centum sufficient at least to pay the interest on such indebtedness as itt 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, or with- in such other period as may be permitted by the Constitution of this State in force at the time any such indebtedness is contracted, unless said interest and sinking fund are hereinafter, or hereafter, otherwise provided for; pro- vided, however, that the rates of taxation for the payment of the indebted- ness existing on the seventh day of April, eighteen hundred and ninety, as ART. V, Sec. 1.] CHARTER OF THE CITY OF ST. LOUIS. . 367 aforesaid, and for the payment of each separate indebtedness thereafter, shall be separately established; and provided further, that for the purpose of erecting public buildings, the rate of taxation for municipal purposes as herein limited, may be increased by the Municipal Assembly, when the rate of such increase and the purpose for which it is intended shall have been submitted to a vote of the people, and two-thirds of the qualified voters of the city, voting at an election to be held for that purpose, shall vote therefor. The taxes collected for the purpose of erecting public buildings shall be designated “revenue for erecting public buildings,” and shall be kept distinet from other revenues and used for the purpose designated in the submission of the question of increasing the rate, as aforesaid, to a vote of the people, any other provision in this Charter as to designation or application of the fund to the contrary notwithstanding. The Municipal Assembly shall also be empowered to levy, assess and collect all taxes, of every description, on any or all of the subjects or ob- jects of taxation which are authorized to be levied by the municipality under the constitution and laws of this State. Amendment: This section is an amendment adopted at the election on October 22, 1901, submitted under ordinance 20444. The divergence from the old pro- vision is set out in McQuill. (unofficial) work Amend. Chart., rn a note on p. 280. Powers of taxation: General power to levy and collect taxes, borrow and ap- propriate money: See Charter, Art. III, sec. 26, clause 1. For provisions and discussion concerning the city’s power to license, tax and regulate occupations, vehicles and other subjects and objects of license, see note to Charter, Art. III, sec. 26, clause 5, where that subject is separately treated: and ordinances as to license collector see R. C., Chap. 30, and notes thereto. Under the Constitution the taxing power must be exercised by municipal cor- porations for county or corporate purposes, be uniform, in proportion to value, Etcunpee Const. ATG 4, secs. 1 to74.cete, 7 (See 195. Mov228 (76 Mo. 481-89) Mo: 631, and 49 Mo. 512.) As to the limit of municipal indebtedness of St. Louis under the last amend- ment 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. Louis is governed largely by the State laws (R. S. 1899, secs. 9118-9400 inclusive) and those provisions thereof which are specially applicable to St. Louis are set out hereinbefore with notes, under “‘Laws Specially Applicable to St. Louis,”’ Chapter 26, secs. 468-496. See Art. 1 (secs. 468-470) for assessment; Art. 2 (secs. 471-482) the Collector; Art. 3 (secs. 483-487) settlements of collector; Art. 4, (secs. 488-492) delinquent and back taxes; Art. 5 (secs. 493-494) assessment and taxa- tion of railroads; Art. 6 (secs. 495-496) taxation of merchants and manufactures. These provisions should be consulted in connection with the charter provisions. The ordinance provisions covering the revenue department are found in Rev. Code, Chap. 30-32, secs. 2070 ef seg.; see as. to board of assessors, secs. 2070-2098: board of equalization, secs. 2099-2102; of taxes, sec. 2103. Special taxation for local improvements is not included in general taxation, and is discussed in notes to Art. VI of the Charter. If the State can tax for state purposes it can confer upon one of its municipalities the power to tax for local purposes: Henderson Co. vs. Henderson, 173 U. S. loc. cit. 614; for ‘“‘a municipality without the power of taxation would be a body without life, incapable of acting and serving no useful purpose’: U. S. vs. New Orleans, 98 U. 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: J/6. 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 municipality, but even the power of the State itseif to alter or destroy its municipal corporations or change the boundaries thereof, cannot be so exercised as to impair the 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 taxes for their payment: Graham vs. Folsom, 200 U. S. 248. 368 CHARTEHR OF THE CITY OF ST: LOUIS. } *PART.. ViSec. 1 The Constitution of Missouri, sec. 25, 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 maintenance 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 provisions; 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..¢.145% Caffirmed s:ic. 69) Mo} 289): “As 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 the 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 were 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, 68 Mo. 320. The power of taxation by municipalities is amongst the most valuable and im- portant of the public trusts and powers conferred upon municipal corporations, without the exercise of which municipal 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 exemption or commutation of taxes, is void, and ot no effect: State vs. Railroad, 75 Mo. 208, 210, applied also in Springfield vs. Smith, 138 Mo. l. @. 655; an attempted exemption from either general or special taxation is void: Vrana vs. St. Louis, 164 Mo. 146, 152. There being (at that time) a direct conflict between the Charter of St. Louis and the general State law, so far as they relate to the method of ertending 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 within the local jurisdiction regardless of whose hands it may happen to be in: Curtis vs. Wood, 58 Mo. 295; and see Lionberger vs.. Rowse, 43 Mo. 67; Bank vs. Meredith, 44 Mo. 500. 3ut personal property is to be assessed where owner resides, ete.: Rev. St. 1399,ysen;r91 21° The legislature cannot authorize a municipal corporation to tax, for its own local purposes, lands lving beyond the corporate limits: Wells 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 oan bridge over Mississippi: Haeussler vs. St. Louis (Sup. Ct. in bane 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) avis Us S592. to be interpreted in connection with our laws as to the boundary (see note to Art. 1, sec. 2) and see State ex rel. vs. Longfellow, 169 U. S. 109; Haeussler vs. St. Louis (bonds for free bridge across Mississippi, Supt. Ct. in bane, July 2, 1907, not as yet reported). ; The State has a right to increase the boundaries of St. Louis without 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: see also Benoist vs. St. Louis, 19 Mo. loc: cit: 134: ART. V, Sec. 2-6:] CHARTER OF THE CITY OF ST. LOUIS. Publie property of the city is by the Constitution exempt from taxation (Art. X, sec. 6) but this does not apply to property held by the city as trustee of a charitable bequest for the benefit of a particular class; in such case the tax should be assessed against the city as trustee: St. Louis vs. Wenneker, 145 Mo. 230, 239 (Mullanphy Emigrant Fund: See note to Rev. Code, Chapter 19, sec. 1654, eZ seg.) Neither does constitutional nor statutory exemption from taxes apply to special taxation for local improvements, as to which see notes to Charter, Art. VI, sec. 14, ete. In holding void see. lla of Art. X of the State Constitution, as in conflict with the 14th amendment of the U. S. Const., the court said in State ex rel. vs. Ry., 195 Mo. 1. ec. 241-242: “If the constitutional [State] amendment only excepted the City of St. Louis, a very different question would also have been presented for adjudication, for the City of St. Louis is a political subdivision of the State as much as any county and 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. Louis are necessarily uniform because they subject the same class of subjects, within the territorial limits of the city, to the tax. In fact the laws relating to’ taxation in St. Louis have for many vears been different from the laws applicable to other parts of the State.’ Under the Charter of 1841. there might be different levies or rates of taxes in the same year, provided the aggregate did not exceed the Charter limit, and the council might levy taxes either for the fiscal or calendar year: Benoist Vs ot. Lowiss LO IMG. Fo. Bec: 2, Sec. 3. Enforcement of taxes.—The payment of all taxes for the city shall be enforced in the same manner and under the same rules and regulations as may be provided by law for collecting and enforcing the pay- ment of State taxes. For authorities relating to bringing and defending of suits for taxes, and mat- ters connected therewith, see note to sec. 491 of “Laws Specially Applicable to St. Louis,” ante p. 189-190. Sec. 4. Licenses, wharfages and other dues.-—The Assembly shall also provide by ordinance for the levy and collection of all other taxes, licenses, wharfages, and other dues of every description, and to fix the penalties for neglect or refusal to pay the same according to law and ordinance. Sec. 5. Blank licenses —tickets, etc.—how issued.—All blank licenses, tickets, receipts, permits, certificates or other blank forms which are intended to facilitate or simplify the collection of the revenue, shall! be issued by the Register under the seal of the city, and delivered and charged to the Comptroller, who shall countersign and deliver them to the proper officers respectively and take duplicate receipts therefor, one of which shall be filed with the Auditor. Same as ordinance: R. C., sec. 2063. Sec. 6. Classification of taxes.—All taxes collected for munici- pal purposes, from all sources whatever, shall be designated “Municipal Revenue,” and the taxes collected for the payment of the public debt shall be designated “Interest and Public Debt Revenue,” and the latter shall always be kept distinct from other revenues and held sacred for the pay- ment of interest and the valid indebtedness of the City of St. Louis existing on the seventh day of April, eighteen hundred and ninety, and the indebt- *This section is omitted, having been repealed at the Charter election held Oct. 22, 1901. 370 CHARTER OF THE CITY OF ST. LOUIS. [ART. V, Sec. 7-12. edness of the city which may have been incurred thereafter or may be in- curred hereafter, and the bonds issued in renewal thereof, and for no other purpose whatever. ) Present amendment adopted at election on Oct. 22, 1901 (ord. 20444). Sec. 7. Payments into city treasury.—aAll collections of public money on account of the city shall be paid into the city treasury and triph- cate receipts taken therefor, showing from what source the money is de- rived and the account to which it is placed, one of which shall be filed with the Auditor, and one with the Comptroller. Sec. 8. Settlement of fiscal officers.—The settlement of all of- ficers engaged in collection of the revenue, shall be adjusted by the Comp- troller, and by him certified to the Auditor, at least monthly, and oftener if required by the Mayor, and all blanks not used shall be returned by the Comptroller to the Register for cancellation. APPROPRIATIONS. Sec. 9. Appropriations.—The appropriations of the Municipal As- sembly for the payment of interest, for the payment of the public debt, for public improvements, and for the support of the city government during any one fiscal year, shall be in conformity with the requirements of the constitution of the State. Constitutional limit of municipal indebtedness, see note to Art. III, sec. 26, clause 1; Const., Art. IX, sec. 19 and Art. X, see. 12. Sec. 10. Limitation of appropriations.—No appropriation shall be made from any revenue fund in excess of the amount standing to the credit of such fund; nor shall it be made for the purposes to which the money therein is not applicable by law. See see. 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., see. 2427. Simi- lar duties of Auditor, and warrant to specify appropriation out of which payable: Rev. Code see 241 17 24024192 Charter VArte sl Vessecimel- As to effect of contracts where the appropriation is less than the contract price lord see note to Art. XVI, sec. 7; also, as to improvements, note to Art. VI, sec. 28. Sec. 11. Payments out of city treasury.—No money shall be paid out of the treasury except on the Auditor’s warrant, and no warrant shall be issued on any appropriation, unless there is an unexpended balance to the credit thereof sufficient to cover such warrant, and money in the treas- ury to pay it. See Rev. Code, sec. 2410. See. 12. All ordinances authorizing disbursements to be in- dorsed by Comptroller.—All ordinances that contemplate the pay- ment of any money shall, upon their second reading, be referred to the appropriate committee who shall obtain the indorsement of the Comptroller thereon to the effect that sufficient unappropriated means stands to the credit of the fund therein named, to meet the requirements of said ordi- nance, or it shall not be lawful to recommend its passage, or pass the same: Provided, that no claim shall be paid without the approval of the Auditor. See as to wisdom of provisions such as these, the remarks of Marshall, J., in Pryor vs. Kansas City, 153 Mo. 151 ef seg. ART. V, Sec. 13-16.] CHARTER OF THE CITY OF ST. LOUIS. 371 REVENUE AND TAXATION. See. 18. Unadjusted accounts—how certified, ete.—All unad- justed accounts, before they are audited, must be certified to by the officer having knowledge of the facts, and the Auditor and Comptroller may allow them, or in case of their disagreement, then by either of them and the Mayor; and all accounts thus allowed shall be paid as directed in this ar- ticle. All audited accounts shall be registered in the Comptroller’s office, and filed and preserved as vouchers in the Auditor’s office. Rev. Code, sec. 2410. Sec. 14. All expenditures, ete., must be by ordinance.—No money shall be expended, nor shall any improvement be ordered involving an expenditure of money, except by ordinance, the provisions of which shall be specific and definite. Section cited: St. Louis vs. Lang, 131 Mo. loc. cit. 420; Silvester vs. St. Louis 164 Mo. 1. c. 609. As to appropriations for public work or improvements, see Charter, Art. VI, sec. 28, and note thereto. A mere auditing officer cannot be mandamused where there is no appropriation: State ex rel. vs. Brown, 141 Mo. 26. But as to no technical appropriation by the municipal assembly being required where the police board sends in its estimate, see State ex rel. vs. Mason, 153 Mo. 23, and references in note to Charter, Art. XVI, sec. 16. ASSESSMENT OF PROPERTY. Sec. 15. Board of Assessors—Assembly to establish assess- ment districts.—The City of St. Louis shall be assessed, in accordance with the general laws, by a Board of Assessors, consisting of a President of the Board, to be elected by the qualified voters of the city, and one As- sessor from each assessment district, who shall be appointed by the Mayor, and confirmed by the Council and the Municipal Assembly, shall lay off the city into convenient assessment districts, and shall have power to alter and change the same, as necessity or convenience may require. See Rev. Code, secs. 2070, 2084. By sec. 8 of the Scheme the office of President of the Board of Assessors is declared a city office and placed under the control of the City government. Sec. 16. Official bonds of Assessors.—The President of the Board, and each of the district assessors, before entering upon their official duties, shall give bond and security to the State, to the satisfaction of the Mayor, with three or more solvent securities, freeholders of the city, the said President in a sum not less than twenty thousand dollars, and the said district assessors, each, in a sum not less than two thousand dollars, the amount to be fixed by ordinance, conditioned for the faithful performance of the duties of their office, which bonds shall be executed in duplicate, one of which shall be forwarded to the State Auditor, and the other be depos- ited with the Register of the City of St. Louis. See note below. Duties of Assessors—reports.—It shall be the duty of the district assessors to assess the property within the districts for which they were appointed, under the direction and superintendence of the President, in the 372 CHARTER OF THE CITY OF ST. LOUIS. [LART.V; Sec: 177383 manner provided by law. They shall commence their assessment on the first day of June in each year, and complete the same, and make their final report to the President, on or before the first Monday in January fol- lowing. Each report shall be verified by the affidavit thereto of the as- sessor making it, that he made the assessment contained in his report im- partially and correctly to the best of his ability and judgment, and unin- fluenced by fear of, or favor by, or toward any one. Act March 24, 1881 (Laws 1881, p. 178) fixes the dates. Duties,etc.: Ordinance: R. C., sec. 2083. As to bonds, etc., see R. Cen SsececUdae See also note to sec. 18 infra of this article. Sec. 17. Qualifications of Assessors.—The President of the Board of Assessors shall be of the age of at least thirty years, 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 for at least five years next before his qualification, or competent 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. 5259) and that portion is therefore omitted. Sec. 18. Duties of the President of the Board of Assessors— shall be accountable for all plats, books, ete., belonging to the of fice—may appoint clerks and deputies—personal attendance in office require | shall be the duty of the President of the Board to superintend the Re of the district assessors, and the assessment of the entire city, to see that they faithfully discharge their duty, and, as far as possible, make the assessment uniform and equal throughout the city. He shall take the entire charge of the Assessor’s office, and all maps, plats, books, papers and furniture, etc., belonging to the said office. He shall be accountable for all such plats, and shall not permit any one of them, under any pretence whatever, to be removed from the office except those which may be required by the district assessors for the assessment of their allotted districts. He shall use all proper care and diligence to preserve all maps, plats, books and papers belonging to the office from injury, and shall hold the district assessors responsible for the return, in good condition, of all plats that may be furnished to them. He shall alter and correct the office plats, and all plats used by the district assessors, as required by law. He shall furnish the district assessors with all plats, blanks, stationery, in- structions, and all information that may be needed by them for the proper assessment of their respective districts. He shall receive the return of property of those upon whom the district assessors have ordered notice, except in those cases where the district assessors make personal service, and shall administer the oath required by law. He may appoint one or more of the clerks in his office as deputies, and he or they shall be author- ized to administer the oath. He shall furnish paper, blanks, and all neces- sary information to persons desiring to make appeal from the assessment of the district assessors. He shall, in person, be at his office every working day, during office hours, except when engaged in his duties as Assessor, or absent on leave, and shall furnish information on all matters pertaining to the assessment of property. See in connection herewith R. S. 1899, see. 9169, set out hereinbefore under “Laws Specially Applicable to St. Louis,’ Chap. 26, sec. 468. For ordinances see R. C., 2070-2098; deputies, sec. 2073. ART. V, Sec. 19-23. ] CHARTER OF THE CITY OF ST. LOUIS. 373 The action of the assessor in assessing the property of owners is quasi-judicial, and when his jurisdiction attaches by the due service of notice and blanks, his valuation and assessment made where the property owner fails so to do, is, unless appealed from, conclusive upon the taxpayer; 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 relk vs. Cummings, 151 Mo. 49, 60. See also State ex rel. vs. Seahorn, 139 Mo. 582; State ex rel. vs. Hoyt, 123 Mo. 348. But the assessor cannot raise the return made by the taxpayer, without notice: State ex rel. vs. Spencer, 114 Mo. 574. By Charter, Art. V, sec. 28, the Comptroller has a right to correct manifest errors in assessments. Sec. 19. Assessment books, how made up.—When the district assessors shall have completed their assessments, said President of the Board shall make up the assessment books in proper alphabetical order, from the plats and returns made by said district assessors, from the return of property holders to the Assessor’s office, and from the best information he can otherwise obtain, so that said assessment books shall be as nearly as possible a full and complete assessment of all taxable property in the city, the same to be completed on or before the third Monday in March of each vear. Cited in Heman Const. Co. vs. Loevy, 179 Mo. loc. cit. 468-469. Sec. 20. Public notice to be given of completion of books.— As soon as said books are completed, the President of the Board shall give one week’s published notice in the daily newspapers,—one of which shall be printed in German,—that said books are open for inspection, and stating the time when the Board of Equalization will be in session. Rev. Code, sec. 2096. Sec. 21. Duty of Recorder of Deeds in reference to convey ances.— The Recorder of Deeds of the City of St. Louis is hereby required to deliver to the President of the Board of Assessors, from day to day, when required of him, and the day after the same shall have been recorded and compared, all deeds and other instruments in writing, filed in his office, by which any change of ownership is made in any of the real estate of the City of St. Louis, and the Presidept of the Board shall, without un- necessary delay, make such changes upon the plats in his office as said deeds and other instruments may require, and forthwith return such deeds and other instruments to said Recorder. Ordinance to same effect: R. C., sec. 2097. See other ordinances affecting Re- ecorder: R. C., Chap. 27, secs. 2047-2052; also sec. 1944. Duties to record plats, CHart Art Vil. Sec... Src. 22. This section was repealed at the charter amendment election of Oct. 22, 1901 (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 agricultural lands until laid off into blocks and lots by the owners. Before its repeal the same had been declared void as unconstitutional (conflicting with sec. 4, Art. X, requiring all property to be taxed according to its value): State ex rel. vs. O’Brien, 89 Mo. 631. A similar section had long before been held not to require the value for taxa- tion purposes to be fixed by its agricultural value only: Benoist vs. St. Louis, 15 Mo. 668. Sec. 23. Costs of assessment, how paid.— = the Special” provisions, must. control. Kansasn Git 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 this: 93 Mo. 338; s. ec. 89 Mo. 67). See also St. Louis vs. Ranken, 96° Mo. .).. ec. 504: Street openings begun 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 facto principle: St. Louis vs. Stoddard, 15 Mo. App. 173; Adams. vs: Lindell, 72 Mo. 198) See on this point introductory note to Art, Ill, \sees 26; In proceedings of eminent domain in the opening of streets, every material re- quirement of the law authorizing such proceeding must be strictly complied with; and unless it affirmatively appear upon the face of the proceedings that every essential prerequisite of the law conferring the authority has been complied with, such proceeding will be void: St. Louis vs. Koch, 169 Mo. 587, loc. cit. 591, with citation of numerous cases; Spurlock vs. Dorman, 182 Mo. 242, 250; St. Louis vs. Gleason, 93 Mo. 33, 37-38; Schaffner vs. St. Louis, 31 Mo. 264; St. Louis Vs. Cruikshank, 163 Mo.App, J71co14 9% Statenexe rele ys. ta luO 11S mOnmelVL OmmeLiesemmel ela “It is the duty of the judicial tribunal to insist that every provision intended for: the ‘benefit “of “the “owner be, complied witha 6. ae Dem OgC emp re— scribed ‘must be strictly and guardedly complied with, although unreasonable nicety is not required:” St. Louis vs. Franke, 78 Mo. 41 (quoting Dillon). Where the ordinance must be recommended by the Board of Public Improve- ments, that is jurisdictional, and an ordinance without such is void: See author- ities cited in note to Sec. 17 of this article. The ordinance which was the basis of the proceeding cannot be amended and the proceedings continued thereunder, even before the present amendments: Shaffner vs. St. Louis, 31 Mo. 264. Where condemnation was authorized only in case no agreement could be reached, the proceedings must show this condition to be the case: Moses vs. St. L. Sec. Dock Co., 84 Mo. 242, 245; Graf vs. St. Louis, 8 Mo. App. 562; Leslie vs. St. Louis, 47 Mo. 474; Anderson vs. St. Louis, 47 Mo. 479. Provisions in a charter requiring the recommendation of a certain board of commissioners preliminary to an ordinance of condemnation are valid: Kansas City vs. Mastin, 169 Mo. 80, 93. The petition must allege the jurisdictional facts (see cases supra); and since a. valid ordinance is necessary to the jurisdiction of the court an ordinance which is to take effect on a certain condition is insufficient unless it be alleged and proved that the condition has been complied with: St. Louis vs. Cruikshank, 16 Mo. App. l. ce. 496-497. The passage of the ordinance authorizing a street improvement does not make out a prima facie case of compliance with precedent conditions, all of which must be alleged: St. Louis vs. Frank, 9 Mo. App. 579 (memo opin). ART. VI, Sec. 2.] CHARTER OF THE CITY OF ST. LOUIS. 387 The names of the Known owners must be alleged; if unknown there must be pub- lication and a correct description of the land; Sieferer vs. St. Louis, 141 Mo. 586. Notice by publication valid, and what notice is sufficient: Kansas City vs. Mastin, 169 Mo. 80 1. c. 90. Conclusiveness and Effect of the Proceedings.—But the proceeding when con- summated is a judgment, having the same incidents as other judgments; hence it was held the benefits assessed against the property, evidenced by tax bills, may be recovered at any time within ten years; and no matters are reviewable which have not been properly preserved by exceptions; and it was: further at one time held that no new defenses can be made against the collection of the tax bills, that were available in the first proceeding: St. Louis vs. Annex Realty Co., 175 Mo. 638, following Eyssell vs. St. Louis, 168 Mo. 607, where the nature of the proceeding is fully discussed by the court; but the decision in the Eyssell case was expressly overruled by the Supreme Court in this respect in the recent case of St. Louis vs. Brinckwirth (decided May 29, 1907, and at this writing not yet reported), which held that the first or condemnation proceeding was not broad enough to be a judgment warranting execution for the benefits found therein, but that the benefits could only be recovered by suit on the special tax-bill issued in accordance with the legal requirements; that the ruling in the Hyssell case in fact would make the court assess the tax, which the law requires the municipality to issue and perfect; the court will not uphold the doctrine that the law allows both the assessment and collection of taxes in a single suit, or confers on the court the governmental function of levying the tax; and the Eyssell case was overruled. When the court has taken final action upon the report, and the Assembly appro- priated money for the damages for the property taken, such assessment becomes final and conclusive upon the question of benefit to the tax-payers, the amount thereof, the lien attaches, and these questions cannot be relitigated in any sub- sequent suit that the city may find it necessary.to bring to enforce the lien in collecting the tax assessed; the only question that can be raised in such a suit is as to the validity of the assessment and levy: St. Louis vs. Ranken, 96 Mo. 497; approved in St. Louis vs. Brinckwirth, supra. Nor can the defense be made inan action on the tax-bill that there was no com- pensation for land taken or damaged: Springfield vs. Baker, 56 Mo. App. 637, 640. Nor that the property was not subject to special taxation: Vrana vs. St. Louis, 164 Mo. 146, 153. : The court having acquired jurisdiction over the parties and the ves in the con- demnation proceedings, every presumption is to be indulged in favor of the juris- diction of the court in a collateral proceeding; hence the question whether the city had, before the condemnation proceeding, acquired the property sought to be condemned, can only be tried in such proceeding, and not in a suit to enforce a special tax-bill for benefits or enjoin their collection: Buddecke vs. Ziegenhein, 122 Mo. 239, 243-244; Michael vs. St. Louis, 112 Mo. 612; Vrana vs. St. Louis, 164 NOs VAG S153; Under the rules relating to tax-bills for construction of streets, sewers, etc., the owner cannot contend in an action to enforce the bill that he has not been bene- fited, nor that there was no necessity for the work, etc.; but this is on the ground that such matters are legislative in character with which the courts will not in- terfere; while the rule that assessment of benefits in street opening cases cannot be reviewed is on the ground of ves judicata. (See ceses on former point cited hereafter in sec. 14 of this article.) Distinction Between Taking Property and Assessing Benefits, or Taxing for Local Improvements.—The opening of the street, and assessment of special benefits, are diffrent things, though had in one cause. But the proceeding by which pri- vate property is taken by the city for the public use by condemnation under the power of eminent domain, is distinct in character from that by which the city raises funds under the power of taxation (by way of assessing benefits) to make compensation for property so taken: St. Louis vs. Bus, 159 Mo. 9, 12. The distinction between taxing by assessment of benefitsagainst property under these sections and the taxing for local improvement such as construction of streets, etc. (infra, secs. 14 et seq. of this article), was pointed out in Eyssell vs. St. Louis, 168 Mo. 1. ec. 621, which was, however, overruled by the Supreme Court May 29, 1907 (not yet reported), in St. Louis vs. Brinckwirth. 388 CHARTER OF THE CITY OF ST. LOUIS. [ART. VI, Sec. 3 6. Special taxation is sustainable under the taxing power; and the constitutional provisions relating to the taking or damaging for public use apply to the power of eminent domain: Keith vs. Bingham, 100 Mo. 300; Springfield vs. Baker, 56 Mo. App. l. ec. 640. (See cases on special taxation in note to secs. 14 and 27 of this article.) Appeauls:—Jurisdiction on Appeal, Ete.: See note to sec. 10 of this article. Sec. 3. Notice to defendants—process to be served by City Marshal—notice by publicaton.—Upon the filing of the petition, a summons shall be issued, giving such defendants at least ten days’ notice of the time when said petition will be heard, which summons shall be served by the Marshal—who shall, for such purpose, be ex-officio an officer of the Circuit Court—in the name and manner as writs of summons are, or may be, by law required to be served. If the name or residence of the owner be unknown, or if the owners, or any of them, do not reside within the State, notice of the time of the hearing the petition, reciting the substance of the petition, and the day fixed for the hearing thereof, shall be given by publi- cation for four weeks, consecutively, prior to the time of the hearing the petition, in the newspapers publishing the journal of the Assembly. Parties: Under the old Charter, the notice required by the Charter was not waived by a recital in the journal of the triers of the fact that the parties ap- peared: “The appearance of the mostly interested cannot affect the others”: Shaffner vs. St. Louis, 31 Mo. 1. c. 273. One not served is not bound: Moses vs. St. L. See. Dock Co., 84 Mo. 242. Under the present Charter, known parties must be alleged; if unknown, there must be publication and a correct description of the land must be set forth: Sieferer vs. St. Louis, 141 Mo. 586. One who is withinthe benefit district and hence assessable for benefits to become a lien on his property, but whose property is not taken for 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, 505, ef seg.: Buddecke vs. Ziegenhein, 122 Mo. 239, 2438. .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, results 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. Sec. 4. Court shall appoint three freeholders as Commis- sioners,to assess damages; qualifications—mayjority may act and report.—The court, or a judge thereof, in vacation, on being satisfied that due notice of the pending of the petition has been given, shall appoint three disinterested commissioners, freeholders of property in said city, and residents of the city for five years next preceding their appointment, to assess the damages which the owners of the land may severally sustain by reason of such appropriation. Provided, however, that a majority of said commissioners shall have full power and authority to act and make a report. Amendment adopted at election of Oct. 22, 1901, under ordinance 20444. Sec. 5. Duty of Commissioners as to damages and benefits —assessment of benefits to be a lien against property—opening of alleys.— It shall be the duty of the commissioners to ascertain the ART. VI, Sec. 5.] CHARTER OF THE CITY OF ST. LOUIS. 389 actual value of the land and premises proposed to be taken, without refer- ence to the projected improvement, and to ascertain the actual damages done to the property thereby, and for the payment of such values and dam- ages to assess against the city the amount of benefit to the public generally, and the balance against the owner or owners of all property which shall be especially benefited by the proposed improvement in the opinion of the commissioners, to the amount that each lot of said owner shall be benefited by the improvement. ‘The sums to be paid by the owners of property espe- cially benefited by the improvement, as ascertained by the commissioners, shall, when the report of the commissioners shall be confirmed by the court, as hereinafter provided, be prima facie evidence of the liability of the prop- erty charged therewith to the extent and amount therein specified, and shall be and remain until paid, a lien from the date of the final judgment of the Circuit Court on the property so charged, and shall be collected as provided by ordinance, and when collected shall be paid into the city treasury as a separate fund to be used exclusively for the payment of the damages awarded; provided, however, that in the opening of an alley the benefits shall be paid by the owners of such lots in the block in which the alley is opened as are afforded access by such alley. This is an amendment adopted at the Charter election of Oct. 22, 1901, under ordinance 20444. Lien: As to the right of the city to create a lien on private property being de- pendent on strict compliance with legal provisions, see note to sec. 25 of this article. It was at one time held that the fact that sec. 5 provides that the assessment shall be a lien, did not show that it contemplated any special tax-bill at all or any subsequent suit; and the right to recover the amount was held not barred in five years, but in ten, as any other judgment, and the lien of that judgment ex- pires in three years, like any other judgment lien: Eyssell vs. St. Louis, 168 Mo. 607, 619, followed in subsequent cases. It therefore followed that execution could be had without any special tax-bill. But the decision in the Byssell case was expressly overruled in so far as it held that execution or scire facias could be issued for benefits assessed in the original condemnation proceeding, or that suit need not be brought on a special tax-bill thereafter regularly issued in ac- cordance with the legal. provisions governing the same: St. Louis vs. Brinck- wirth, (Sup. Ct. May 29, 1907, not as yet reported). Right to Jury or Board of Freeholders: See note to sec 7, rnfra. Damages: A railroad company is not entitled to have assessed as damages cer- tain structures and fixtures which a valid ordinance required it to put in at its own expense as a condition of its franchise: Kansas CltvealvVSy wkailroads) Lot Mo. 146. If a lessee is conducting a business on the premises, which wii! be broken up or interrupted by the taking of the property for public use, he is entitled to com- pensation: St. Louis vs. Abeln, 170 Mo. 318, 326, citing Missouri authorities. But the damage should be separately assessed and not adjusted by deduction from the sum allowed the landlord: St. Louis vs. Abeln, 170 Mo. 318, 326. It was held that (under the act of 1875, p. 319) where the commissioners report that the improvement standing on the property should remain until removed, and it appears that no allowance for such improvement was made, as was required if it was included, the city acquired the right only to the land and not the build- ing thereon: St. Louis vs. Ins. Co., 90 Mo. 135 (this building still remains as an obstruction on west side of Jefferson and Morgan streets). Where the damages assessed are just and reasonable, that they exceed the value of the property is not fatal: St. Louis vs. Frank, 9 Mo. App. 579 (memo. opin.). Other cases on questions of damages, see: 77 Mo. 138: 112 Mo. 861; 139 Mo. 315; 197 Mo. 392: 198 Mo. 698; 77 Mo. 13; 124 Mo. 129; 89 Mo. 646. And see remarks and eases cited in Martin vs. St. Louis, 139 Mo. loc. cit. 258. Benefits: A conditional dedication where the condition has not been complied with is of no effect: and the owners of land cannot avoid assessment of benefits 390 CHARTER OF THE CITY OF ST. LOUIS. [ART. VI, Sec. 6-7. by consenting to an opening through their lands 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. id 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 secs. 878 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: lEyssell vs. St. Louis, 168 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 at 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. Vise CaelaOU IS 0) eel VLOn mil on Assessment of benefits against the property of one whose 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. Damages and Benefits Under Former Superseded Charters: See Shafner vs. St. Louis, 31 Mo. 264; McKee vs. St. Louis, 17 Mo. 184; Garrett vs. St. Louis, 25 Mo. 505. Grading and Changing Grade of Streets and Alleys: See note to sec. 19 of this article. In Opening of Alleys, benefits shall be paid by the “owners of such lots in the block as are afforded access,” ete. Under the former provision they were to be paid by the “owners ef property in said block abutting on the proposed alley,” which was held to include all owners of abutting property on an alley as com- pleted, which was a continuation of one theretofore partly opened through the block: St. Louis vs. Lane, 110 Mo. 254. Sec. 6. Commissioners’ report to be under oath—damages and benefits to be separately stated.—When the Commissioners shall have viewed the property, and assessed the value and damages and benefits, they shall make their return of such assessment, in, writing and under oath, to the Circuit Court, which shall be filed by the clerk thereof. In making such report, the value and damages allowed to each owner, and the benefits assessed against each individual shall be separately stated. See. 7. Report may be reviewed on exceptions—Court may order new appraisement, ete.—The report of said Commissioners may be reviewed by the Circuit Court on written exception filed by either party in the Clerk’s office, within ten days after the filing of such report, and the Court shall make such order therein as right and justice may require, and may order a new appraisement upon good cause shown; but the hearing of such exceptions shall be summary, and the Court shall fix a day therefor without delay, upon the filing of any such exceptions, or within ten days after the expiration of the time given said city to report the same to the Assembly as’ hereinafter provided. On Exceptions to the Report, the latter is presumptively correct; the proceeding to review is not entirely de novo and, while the court must hear evidence as to ART. VI, Sec. 8.| CHARTER OF THE CITY OF ST. LOUIS. 391 the correctness of the valuation of the commissioners, the latter will not be disturbed unless clearly shown to be inadequate or excessive: St. Louis vs. Abeln, 170 Mo. 818, and cases referred to in the opinion. And a fortiors the Supreme Court will not disturb the findings of fact by the circuit court in affirming the report: St. Louis vs. Wetzel, 110 Mo. 260, 264-265. On exception the commissioners are competent witnesses: St. Louis vs. Abeln, 170 Mo. 318. The owner against whom benefits are assessed may except to the report on the ground that the ordinance upon which the proceeding is founded is void: St. Louis vs. Cruikshank, 16 Mo. App. 495. Exceptions may be filed by leave of the court after ten days, if good cause is shown, and by contesting such exceptions the city waives the irregularity after an adverse ruling: St. Louis vs. Weber, 140 Mo. 515, 521. But probably, if improperly filed out of time, such exceptions, as in other cases, may be stricken out: See St. Louis vs. Lang, 131 Mo. 1. ec. 421. Modification of Report: 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, and 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 set same aside in case of abuse: St. Louis vs. Buss, 159 Mo. 9; St. Louis vs. Lawton, supra. Jury: Since the Constitution of 1875 an incorporated company, (such as a rail- road company) interested either for or against the exercise of the right 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 City vs. Smart, 128 Mo. 272, and other cases. With respect to awarding damages as compensation for property taken in con- demnation for street purposes, the owner under the constitution is entitled to have same determined by a jury or board of not less than three freeholders, as may be prescribed; but with 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 the 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. MOgismySr bUSSe loge MO. oe Loy The proper amount of compensation for private property taken for a public use cannot be fixed by the legislature. What is just compensation must be deter- mined by a jury or appraisers: Co. Ct. vs. Griswold, 58 Mo. 175, 199. See. 8. Cost of proceedings—Commissioners each allowed $3 a day.—The cost of the proceedings, up to and _ including the filing of the report of the commissioners, shall be paid by the city, and as to any costs caused by subsequent litigation, the cost shall be paid by the los- ing party. The commissioners shall each be allowed three dollars a day in full compensation for their services. Amendment adopted at charter election on Oct. 22, 1901 (submitted under ordi- nance 20444). For ordinance provision see Rev. Code, sec. 882, and note thereto. Before the amendment, when the provision was that there should be a “reasonable com- pensation” it was held that an ordinance fixing a definite sum of three dollars per day, was void, the compensation being required to be ascertained by the court: Green vs. St. Louis, 106 Mo. 454. Payment of costs to filing of report does not include attorneys’ fees, expert witnesses, developing character of deposit on lands, ete., but only the ordinary fees: St. Louis vs. Meintz, 107 Mo. 611. And see further on this point the recent cases cited in the next section, discussing what are costs where the proceeding is dismissed by the city, etc. 392 CHARTER OF THE CITY OF ST. LOUIS. [ART. VI, Sec. 9-10. Sec. 9. Report of Commissioners to be submitted to Assem- bly—report stands approved if no action taken within time lim- ited —on disapproval of report, Court shall set aside same and order new assessment—withdrawal of proceedings by City, con- ditions.—Upon the report of said Commissioners being’ filed in the Circuit Court, or with the Clerk thereof, the Court shall give to the City of St. Louis, upon application of the City Counselor, reasonable time to report the result of the same to the Assembly for its information and approval, during which time no action will be had in or by said Court upon said report; and if the Municipal Assembly fails to act upon such report within the time limited, said report shall be deemed approved, but if during said time limited the Municipal Assembly disapprove said report of said Commissioners, the said Court shall set aside said report and order a new assessment of damages and benefits, and the City of St. Louis shall have the right, at any time before the final confirmation to said report, to dismiss and withdraw said proceedings on payment of the costs thereof. Should the city dismiss or withdraw any proceedings for condemnation after the report of the Com- missioners has been filed, no action for such condemnation shall be had for a period of ten years next thereafter, unless upon the petition of the owners of three-quarters of the property fronting on the line of the proposed im- provements, or upon payment, by the city, of the entire value and damages, such as aforesaid. This section is as amended at the charter election on Oct. 22, 1901. Amendment submitted by ordinance 20444. The disapproval of the commissioners’ report by the assembly does not of itself operate as a dismissal of the case, and a dismissal in court is required to end the cause: St. Louis vs. Lawton, 189 Mo. 474, 488. The object in permitting the city to dismiss after the report, giving the city counselor time to report to the assembly, ete., is to enable the cost of the improvements to be ascertained and if too great to permit the public to abandon the same, and as a result the city cannot again tie up the property by another proceeding except on the terms pointed out: Eyssell vs. St. Louis, 168 Mo. 607, 617. A refusal by the municipal assembly to appropriate the damages assessed operates to dismiss the proceedings: See note to next section (sec. 10). Upon dismissal by the city of the condemnation proceedings, the city (though it is to pay costs) is not liable to the land owner for attorneys’ fees, expert witness fees. etc., incurred in defending the case and protecting his rights, unless it is alleged and proved that the proceedings were needlessly, wrongfully and vexatiously continued against the land owner’s protest when within the power of the city to dismiss and avoid such injury: Lester Real Co. vs. St. Louis, 170 Mo. 31; Brewing Ass’n vs. St. Louis, 168 Mo. 37, and cases cited. See as to costs up to filing of report of commissioners the preceding section, and note thereto. Voluntary -dismissai is not evidence of wrongful institution of such proceed- ings: Simpson vs. Kansas City, 111 Mo. 237. Under a charter permitting the repeal of the ordinance providing for the proposed improvement it is held that in such case when new proceedings are brought the former assessment of benefits and damages is without any effect: Kansas City vs. Mulkey, 176 Mo. 229. Refusal to proceed by the city leaves the court nothing to do but dismiss the proceedings: St. Louis vs. Weber, 140 Mo. 515, 522-523. Sec. 10. Final action of Court to be reported to Comptroller, who shall furnish copy to Assembly—appropriation to pay dam- ages—failure to appropriate to operate as a bar for ten years. When the report of the Commissioners shall have been approved, or final action taken thereon by the Court, the Clerk of the Circuit Court shall make a certified eopy of the report, and the final action of the Court thereon, and deliver the ART. VI, Sec. 11.] CHARTER OF THE CITY OF ST. LOUIS. 593 same to the City Comptroller, who shall forth with record the same in a book, to be provided for that purpose. It shall be the duty of the Comp- troller, as soon as the same is recorded, to furnish a copy thereof to the Assembly, and the Assembly shall, at its first session thereafter, make an appropriation for the payment, out of the city treasury, of all damages as- sessed in favor of the owners of property appropriated, and the City Treas- urer shall cause the same to be paid to the parties entitled thereto, re- spectively, or into court for their use, as provided by ordinance. Any fail- ure of the Assembly, within the time above stated, to make such appropri- ation, shall operate as a dismissal of such proceedings, and no future action for such condemnation shall be commenced for a period of ten years, except as hereinbefore provided in case of a dismissal by the city. Conclusiveness of the proceedings is the same as in case of any other judg- ment. As to the effect thereof and what may not be retried in the proceeding to enforce a tax bill for benefits assessed see authorities in note to sec. 2. of this article. Appeal: Until the court acts finally upon the report of the commissioners no appeal can be taken: St. Louis vs. Thomas, 100 Mo. 223; see also 168 Mo. 1. c. 615. As to what is a final judgment in street opening case so as to authorize appeal, see State ex rel. vs. Klein, 140 Mo. 502; Martin vs. St. Louis, 139 Mo. 1. c. 261. See also St. Louis vs. Nelson, 169 Mo. 461. Appeal after interplea by contending claimants: See next section of this article. Compensation for damages cannot be claimed until final action approving the report: Whyte vs. Kansas City, 22 Mo. App. 409; and even thereafter a refusal of the municipal assembly to appropriate the money to pay the damages, oper- ates as a refusal by the city to take the property; and such appropriation must be by ordinance, subject to veto by the Mayor: Silvester vs. St. Louis, 164 Mo. 601. Jurisdiction on appeal in condemnation proceedings is in the Supreme Court, as title to realty is involved, whatever may be the amount of damages awarded: iNansas City vs. Railroad; 187 Mo. 146; 151, and cases cited; Tarkio vs. Clark, 186 Mo. 285, 294. But action on special tax bill against property does not involve title so as to confer jurisdiction on Supreme Court: Ross vs. Gates, 183 Mo. 338. See also State ex rel. vs. Smith, 177 Mo. 69. Unless a constitutional question is raised: Curtice vs. Schmidt, 101 S. W. 61, 64 (March, 1907) following prior cases. Sec. ll. City may deduct benefits from damages, and shall pay excess, or deposit in Court—interest disallowed, when—when title of property in dispute, damages paid into Court—improvements may proceed.—In all cases arising under this article, the city may deduct the benefits assessed against property owned by any person, or his assigns, from the damages allowed to such person, or his assigns, for the taking or damaging of any property owned by him or his assigns, and shall pay to him or his assigns, or into the court for his or their benefit, or recover from him or them the difference be- tween the damages and the benefits, as the case may be, and in no case shall the city be liable for interest on any award for damages after the same or the excess of the damages over the benefits shall have been paid into court as aforesaid; provided, however, that if the ownership of property con- demned be in controversy, the amount of the damage assessed for said property, less the benefits deducted as aforesaid, shall be paid into the court for the use of the successful claimant of the property; and provided, further, that after such payment to such party or parties, or into court for their benefit, the city may take possession of the property condemned and the improvement may be proceeded with. This is also an amendment as adopted at the charter election on Oct. 22, 1901. 39% CHARTER OF THE CITY OF ST. LOUIS. [ART. VI, Sec. 12-14. Payment into court and ‘\interest—appeal after interplea by different claimants: St. Louis vs. Nelson, 108 Mo. App. 210. By Session Laws 1907, p.118, 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 possession: 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 has 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. 144. Deduction of benefits from damages: Such provisions as above have been sus- tained: -State ex rel. vs. Kansas City, 89 Mo. 34, 40. Sec. 12. Condemnation of property for particular use.— When it becomes necessary for the city to condemn private property for other and different public uses than those already specified in this article, the As- sembly shall pass an ordinance to that effect, which shall set forth the pur- poses for which said property is required, and to which it shall be especially dedicated. The value and damages 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- ery. As 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 property to establish the same: See note to Art. VIIE sec. 1. So a wharf: See cases in head note* to Chapter 10 of Rev. Code. WATER AND GAS PIPE CONNECTIONS. Sec. 138. Board of Public Improvements to regulate.—The As- sembly shall provide by ordinance, that all connections with water or gas pipes shall be made subject to such regulations as the Board of Public Improve- ments may, from time to time, establish, and that before any such connec: tions are made a permit shall be procured from said board. For ordinances regulating water pipe connections see Rev. Code, secs. 2504-2527 inclusive; as to gas pipe connections see Rev. Code, secs. 336, 898, 912-913, 163. Laying of water pipe see Charter, Art. VII, sec. 5. CONSTRUCTION OF STREETS, BOULEVARDS AND ALLEYS. See. 14. Ordinances for improvements of streets, ete., to originate with B. P. I.—Board to designate day for public meeting to consider improvements—notice, contents and time of publication—remonstrances against improvement, time of filing, ete., and action of Board thereon—two-thirds vote will overrule — Board to prepare and report to Assembly, ordinance, with reasons, in event of remonstrance—majority vote of Board sufficient in absence of remonstrance. —No ordinance for the construction or reconstruction of any street, ave- ART. VI, Sec. 14.] CHARTER OF THE CITY OF ST. LOUIS. 395 nue, boulevard, alley or public highway of the city, shall be passed unless recommended by the Board of Public Improvements, as hereinafter pro- vided. The Board shall designate a day on which they will hold a public meeting to consider the improvement of any designated streets, avenues, boulevards, alleys or public highways by grading or regrading, by con- structing or reconstructing, by paving or repaving the roadway, including cross-walks and intersections, and shall give two weeks’ public notice, in the papers doing the city printing, of the time, place and matter to be con- sidered, stating in such notice the kind of material and manner of con- struction proposed to be used for the wearing surface of such improvement, naming more than one kind of material or manner of construction, if the Board deems it advisable so to do, and also the class of specification and plan for such work, which specification and plan shall be approved by said Board, and filed in its office. If within fifteen days after such public meeting, the owners of the major part of the area of the land made taxable by this article for such improvement, shall file in the office of the Board of Public Improvements their written remonstrance against the proposed improvement, or against the material or manner thereof, the Board shall consider such remonstrance, and if said Board shall, by a two-thirds vote, at a regular meeting, approve of the improvement, material or manner re- monstrated against, they shall cause an ordinance for the same to be pre- pared and report the same with the reasons for their action and the re- monstrance to the Assembly. If such majority fail to remonstrate within fifteen days or shall petition the Board for the im»vrovement, said Board may by a majority vote approve the same, and shall cause an ordinance to be prepared and reported to the Assembly therefor. See note at end of this section. Board may provide that work be guaranteed and Kept in repair for term of years.—In all cases the Board may include 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 years to be specified in such ordinance. mee note.at end of this jsection. Special taxes to be levied and assessed according to frontage and area, appointment.—Special taxes for the improvements of streets, avenues and public highways shall be levied and assessed as follows: The total cost of grading and preparing the roadbed for the superstructure, placing foundation, curbing, guttering, roadway paving and cross-walks for the street embraced in the improvement, including all intersections of streets and alleys, shall be ascertained, and one-fourth thereof shall be levied and assessed upon all the property fronting upon or adjoining the improve- ment, in the proportion that the frontage of each lot so fronting or adjoin- ing bears to the total aggregate of frontage of all lots or parcels of ground fronting upon or adjoining the improvement, and the remaining three- fourths of the cost so ascertained shall be levied and assessed as a special tax upon all the property in the district to be defined and bounded as hereinafter provided, in the proportion that the area of each lot or parcel of ground or the part of such parcel of ground lying within the district bears to the total area of the district, exclusive of streets and alleys. See note at end of this section. Benefit districts for special taxation established, method. The districts herein referred to shall be established as follows: A line shall be drawn midway between the street to be improved and the next parallel or converging street on each side of the street to be improved, which line shall be the boundary of the district, except as hereinafter provided, name- 396 CHARTER OF TEE, CLRY OFS Lh LOuLS: (ART. V1,.Se0. te: ly: If the property adjoining the street to be improved is divided into lots, the district line shall be so drawn as to include the entire depth of all lots fronting on the street to be improved. If the line drawn midway as above described would divide any lot lengthwise or approximately length- wise, and the average distance from the midway line so drawn to the nearer boundary line of the lot is less than twenty-five feet, the district line shall in such case diverge to and follow the said nearer boundary line. If there is no parallel or converging street on either side of the street to be im- proved, the district lines shall be drawn three hundred feet from and paral- lel to the street to be improved; but if there be a parallel or converging street on one side of the street to be improved to fix and locate the district line, then the district line on the other side shall be drawn parallel to the street to be improved and at the average distance of the opposite district line so fixed and located. Provided that if anv property in a district estab- lished as herein provided is not Hable to special assessment, the city shall pay the proportion of cost of the improvement which would have been as- sessed against such property. All of the property in the lots, blocks or tracts of land lying between the streets to be improved and the district lines established as above specified, shall constitute the district aforesaid. See note at end of this section. Special taxes for construction of sidewalks, apportioned by front foot rule.—The cost of construction of all sidewalks shall be appor- tioned as follows: The grading of all sidewalks, and the total cost of construction or reconstruction, paving or repaving, including the cost of preparing the ground for the superstructure, placing foundation and the wearing surface of all sidewalks and necessary intersections, shall be levied and assessed as a special tax upon each lot or parcel of ground abutting the sidewalk so constructed, reconstructed, paved or repaved in the proportion that the front feet of each lot or parcel of ground so abutting such sidewalk bears to the total linear feet of all the property abutting the improvement, and shall be collected as hereinafter provided. See notegat end of this section. Terms ‘reconstruction’ and ‘“repaving’”’ construed — partial improvements by reconstruction and repaving per- mitted—contracts for improvement of sidewalks) considered distinct from those of streets, ete. grading of streets.—The term (s) E coh imei ae A ‘‘repaving”’ as herein employed, shall be construed to give full power and authority to reconstruct or repave by removing the foundation, curbing, guttering, and wearing surface of the roadway paving, or only such portion of any or all thereof as the ordinance may prescribe, and thereafter from time to time, such street may be additionally improved if so ordered, by ordinance, and the cost of the additional improvement assessed as a special tax in like manner and to the same effect as the original improvement; and provided, further, that the roadway of streets, avenues, boulevards or pub- lic highways may be improved as herein provided, irrespective of sidewalks and the contracts therefor shall be deemed separate and independent of the contracts for the improvement of sidewalks. Provided, that nothing in this section shall be construed to prevent the city from constructing cul- verts and partially grading streets, to make them passable.in advanee of their improvement, at the expense of general revenue, or by the labor of prisoners in the workhouse. See note at end of this section. Special taxation for improvement of alleys.—The total cost of oerading, regrading, preparing the roadway for all the superstructure, placing ARTE Vi; See: 14.) CHARTER OF THE CITY OF ST. LOUIS. 397 foundation and roadway paving of all alleys, shall be levied and assessed as a special tax upon all lots in the block in which the alley is located in the proportion that the area of each lot in such block afforded access by such alley bears to the total area of all the lots in such block so afforded access, and shall be collected as hereinafter provided. See note below. ‘Lot’? defined.—The word ‘‘lot’’ as used in this section, shall be held to mean the lots as shown by recorded plats of additions or sub-divisions, but if there be no such recorded plat, or if the owners of property have disregarded the lines of lots as platted, and have treated two or more lots or fractions thereof as one lot, then the whole parcel of ground, or lots so treated as one, shall be regarded as a lot for the purposes hereof. Amendment: This section is an amendment passed at the charter election of Oeti goa. 9012 Ordinance provisions upon street constructions and repairs (and preventing ob- structions), see Rev. Code, Chap. 12, Art. 2, sees. 884-940; see also as to duties of B. P. I. recommending ordinances R. C., secs. 1913, 1919; and what conditions to be contained in contracts let by board R. C., 270, 1919 e¢ seg. For distinction 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 so taken; and also for distinction between issuance of tax bills for benefits because of street openings, and tax bills for public improvements, see note to sec. 2 of this article; see also Keith vs. Bingham, TOOMVMGswa0U Te ata mOUlLS VS. SUS aod MO. 95) lac Bureess Jc, in aeémans Const. Co. vs. Wabash (Sup. Ct. July 2, 1907, not at this writing reported). As to the strictness 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. 25 of this article; as to same respecting street openings and benefit assessments therefor, see note to secs. 1 and 2 of this article. The validity of this section (14) was attacked as being unconstitutional on a number of grounds but it was sustained as valid in all respects: Meier vs. St. Louis, 180 Mo. 391, 408, and cases cited. Special assessments for public improvements are not referable to the power of eminent domain, but are referable to the taxing power and sustained there- under: Meier vs. St. Louis, 180 Mo. 391, 408; 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, 100 Mo. 300; Farrar vs. St. Louis, 80 Mo. 379 (with a review of the prior cases, the 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. Wabash Ry., (Sup. Ct. July 2, 1907, not at this writing reported) says: ‘‘While a distinction is made between local assessments and taxes levied for general revenue purposes, in that an assess- ment for a local proceeding is not a tax within the meaning of the constitutional provision for uniformity of taxation, it is in a sense a tax, not however for the purpose of sustaining the government, but imposed upon individual property upon the theory that such property receives a special benefit different from the general one which the owner enjoys in common with others; in other words an assessment for benefits.” What property is subject to special taxation: State constitutional provisions on taxation are held to be inapplicable to special taxation: Meier vs. St. Louis, 180 Mo. 391, 408: Farrar vs. St. Louis, 380 Mo: 379 (reviewing the cases); St. Joseph vs. Owen, 110 Mo. 1. c. 455; Adams vs. Lindell, 72 Mo. 198; see cases cited in Barber Asp. Co. vs. St. Joseph, 183 Mo. 1]. c. 458; Heman Const. Co. vs. Wabash R. R. (Sup. Ct. in bance, July 2, 1907, not yet reported). Hence the compensation clause under eminent domain for property taken, uni- formity clause, taxation according to value clause, etc., do not affect such legis- lation: See cases cited above, especially Meier vs. St. Louis (uniformity clause, etec.), Keith vs. Bingham (eminent domain and compensation inapplicable); Heman Const. Co. vs. Wabash, supra (uniformity clause, etc.) 398 CHARTER OF THE CITY OF ST. LOUIS. [LART. V1, Sec. 14; Constitutional provisions of exemptions from taxation do not apply to special taxation: = Clinton vs. COs elo lore bone 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, 89 Mo. 34, 39; Railroad vs. Decatur, TREMP OI TS ARNE 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. Coy vs: Wabash “Ri2Co., (Sup. Ct. inw banc» oulyez- 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 property and persons: Session Laws 1907, pp. 92-93. So in case of Burial Grounds, Laws 1907, p. 86. 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, 183 Mo. 451, 455. The provisions of the U. 8S. 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. 158 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 vs. Barber NSO COLO), Th IBIS She Gand, hase; Front foot tax under former provisions upheld: Paving Co. vs. Peck, 186 Mo. 506, 515-5162 Paving Co, vs. Munn, 185 Mo. b02, 563) (Kansase City) >) Hrenche vs. Barber Asphalt Co., 181 U. S. 324, affirming s. c. 158 Mo. 534; Heman vs. Gilliam, 171 Mo. 258) 264-5 Marrarsvs, St. ouis.. SOMO. ol Seman de cases clled. 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 indépendent of the depth of the lot: Collier Est. vs. Paving Co., 180 Mo. 362, 374. Area district: The validity of both the front foot and area district is settled beyond question: Collier Estate vs. Paving Co., 180 Mo. 362, 374; Prior vs. Const. Co., 170 Mo: 349, 448; and cases cited: WFarrar-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. Joseph vs. Farrell, 106 Mo. 4387. The benefit district, under the new charter provisions, and the method of ascer- taining same, has received a full and elaborate discussion in the case of Col- lier Est. vs. Western Pav. Co., 180 Mo. 362, decided by the court in banc; the court points out the general midway line rule to be observed under the new provisions and under what conditions the same is altered by the exception thereto made. ART. VI, Sec. 14.] CHARTER OF THE CITY OF ST. LOUIS. 399 The words “fronting,’ “adjoining” and ‘abutting’ as used in the amendment, are not synonymous: Collier’s Est. vs. Paving Co., supra. And in the exception to the ‘midway line” in the charter Seiten provides that “if the property adjoining the street to be improved is divided into lots, the district line shall be so drawn as to include the entire depth of all lots fronting on the street to be improved,” ete. The words “fronting on the street to be improved” refer only to the street on which the buildings fvont: Collier Est. vs. Paving Co., 180 Mo. 362; Meier vs. St. Louis, 180 Mo. 362, 410 (the court observing that it did not modify the case of Wolfert vs. St. Louis, 115 Mo. 139, in a case where applicable). Denmtion=or, lor.) Collier hst. vs. Paving) Co; 160) Mo. 362. The benefit district for platted lots (under the new charter) which lots end on the midway line, extends only to such midway line, although the owner dis- regarded the lot lines and for residence purposes use them as one lot extending beyond the midway line and from street to street: State ex rel. vs. Paving Co., 183 Mo. 230; Collier Est. vs. Paving Co., 180 Mo. 362. Where the platted lots extend beyond the midway line the benefit district should include them to their entire depth, deviating to that extent: State ex rel. vs. Paving Co., 183. Mo. 230. Where the tract fronting the street is unplatted (or if so, the platting is un- recorded) only that part between the improved street and the midway line to the next parallel street should be included: State ex rel. vs. Paving Co., 183 NMOmeso0se COllEerSteuvsa avin CO. sLS0.)) Mose 3625) Meier vs. St. Louis, 180 Mo. 391. Under the old provision a judgment declaring liens against two lots, in aggre- gate, where suit brought on two bills against two different lots belonging to same person, is erroneous: Brockschmidt vs. Cavender (memo. opin.) 3 Mo. App. 568. And if several contiguous lots are treated as one lot the assessment is void and will not authorize a separate judgment as to each or against the whole: Christian vs. Taussig, 8 Mo. App. (memo. opin.) 602. Unless the two lots are used as one in which case they may be treated as one lot in assessing special tax bills against them, whether improved or not: Loevy vs. Const. Co., 64 Mo. App. 430; Hill O’Meara vs. Sessinghaus, 106 Mo. App. 163, and cases cited. Actions on special tax bills, essentials thereof and incidents thereto, etc., see notes to sec. 25 of this article. The notice to the property owners of the proposed meeting of the board is sufficient when naming a day, 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: Verdin vs. St. Louis, 131 Mo. 26, 81 ef seg.; see Sherwood, J., on p. 158 ef seg. The notice to the property owners of the material to be used is sufficient, if the published notice refer to the specifications on file in the office of the board: Swift vs. St. Louis, 180 Mo. 80, 96. A notice required to be published a certain number of days may include Sun- days: Barber Asph. Co. vs. Muchenberger, 105 Mo. App. 47; Clapton vs. Taylor, 49 Mo. App. 117, 126; Curtice vs. Schmidt (Sup. Ct., March, 1907) 101 S$: WwW. 62. Notice of the letting, see note to sec. 27 of this article. Owner concluded to dispute benefit or necessity of work: Where thetaxing dis- trict is fixed by valid legislation, as is also the apportionate of the cost, the owner of the property taxed cannot be heard to contend in court that his property was not in fact benefited, that being a legislative question: Meier vs. St. Louis, 180 Mo. 391, 409, and cases cited. To same effect: Prior vs. Con- struction Co., 170 Mo. 439, 451, and cases cited. (See also French VS. Asphalt Co., 181 U. S. 324; Railroad vs. Barber Asp. Co., 197 U. S. 430, 433.) Nor that there was no necesstty for the construction or reconstruction Of the pavement, that being a legislative question, not reviewable in the absence of 400 CHARTER OF THE CITY OF ST: LOUIS: [ART. VI, Sec. 14. bad faith: Heman vs. Franklin, 99 Mo. App. 346; Skinker vs. Heman, 148 Mo. 349; Heman vs. Schulte, 166 Mo. 409; McCormick vs. Patchin, 53 Mo. 32 (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 cases 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 ys. Ring, 85 Mo. App. 231. Maintenznece clause, er work guaranteed and Kept in repair by contractor: See notes to next section of this article. Special taxation for construction of sidewalks: As to general ordinance for width of sidewalks see R. C., sec. 899. 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. MaGre 434) 2 Determination of width of sidewalks cannot be delegated: Ramsey vs. Field, 92 SOA WS ODO NGIMaAnSass CieveaGtUOtmeAD DE): 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 nuisances: See Charter, Art. XII, sees. 6, 7; tev. Code, secs. 666, 667, 669. Partial completion insufficient: A city cannot partially complete the improve- ment called for by ordinance and issue tax bills therefor before full completion of the contract: 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 the preceding paragraph of this note); McGrath vs. Clemens, 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 fit: Moran vs. Lindell, 52 Mo. 229; Stifel vs. McManus, 74 Mo. App. 558, 562; Springfield vs. Weaver, 137 Mo. l. ec. 669. And see authorities cited in note to sec. 1 of this article in how far street improvement is legislative, and how far ministerial. And that the contractor does not improve the Space between railroad tracks, which is a duty imposed by law on the railroad, is no ground to defeat the tax bill: Farrar vs. St. Louis, 80 Mo. 1. c. 3983; Bank vs. Hayward, 62 Mo. App. 550; Springfield vs. Weaver, 137 Mo. 650, 668 et seg. 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 recovery see also note to sec. 15 of this article. Remonstrance: The provision in the charter provides that in case the owners of the major part in area file a remonstrance a two-thirds vote OLDNthe: Ba eae is required to recommend the ordinance, otherwise a majority vote. Where a remonstrance deprives the city assembly of power it has no jurisdiction to pass on ordinance to improve: See discussion in Sedalia vs. Montgomery, 109 Mo. App. 197, certified to the Supreme Court for final decision as being in con- flict with the decisions of the Kansas City Court of Appeals decisions in Sedalia vs. Scott, 104 Mo. App. 575 and Knopfe vs. Co., 92 Mo. ADD 29: ART. VI, Sec. 15.| CHARTER OF THE CITY OF ST. LOUIS. 401 A finding by the B.P.I. (under the St. Louis charter) that a majority of the owners had not signed a remonstrance is not conclusive (though it may be prima facie evidence) of such fact, which is jurisdictional to the validity of the ordi- nance passed in pursuance: Construction Co. vs. Geist, 37 Mo. App. 509, 514. It is not necessary that an owner should sign a remonstrance in person; his authorized agent may sign for him: Construction Co. vs. Geist, 37 Mo. App. 509, 514, 515. An administrator not legally in charge of the real estate cannot sign as a re- monstrator: Sedalia vs. Montgomery, 109 Mo. App. 197, 220; Sedalia vs. Scott, 104 Mo. App. 595, 604. Sec. 15. Improvement ordinance, requisites—may specify term of years for which work shall be maintained—estimate of cost to be endorsed—street, ete., to be established or dedicated prior to improvement. ecommended 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, the fund out of which it shall be paid for, and may specify a term of years for which the work shall be maintained by the contractor, and shall be endorsed with the estimate of the cost thereof; provided, that no improvement or repairs shall be ordered upon any future street, alley or highway which shall not have been opened, dedicated or established according to the provisions of this charter and law. This amendment was also adopted at Charter election of Oct. 22, 1901. For ordinances on this subject, see R. C., secs. 1919, 1920. The Ordinance.—That an ordinance required to be recommended by the Board of Public Improvements is void if not enacted in that manner, see cases cited in note to sec. 17 of this article. The power of a city to impose special taxes can only be exercised by ordinance enacted in the manner prescribed by Charter: Trenton vs. Coyle, 107 Mo. 193, 196, and cases cited; Saxton vs. St. Joseph, 60 Mo. 153. In the absence of any evidence to the contrary, it will be presumed that the of- ficers acted rightly in passing an ordinance authorizing an improvement, and that the meeting at which it was passed was properly convened: Rutherford vs. Hamilton, 97 Mo. 543, 548-549; see as to presumptive regularity in passage of ordinances in general, cases in note to Charter Art. III, sec. 12; as to pre- sumption that the city officers act rightly in case of tax-bills for improvements, see also Asp. Co. vs. Ullman, 137 Mo. 568, cited in note to sec. 25 of this article; and as to street opening cases, see secs. 1 and 2 of this article. While it is true that the Municipal Assembly cannot delegate legislative duties imposed by the charter, an ordinance for street improvements is not invalid because it leaves details of construction to the discretion of the street commis- sioner or other proper city officers, to whom some discretion must necessarily be left: St. Louis vs. Swift, 180 Mo. 80, 91, 96; Sheehan vs. Gleeson, 46 Mo. 100, 104: Moran vs. Lindell, 52 Mo. 1. c. 231; St. Joseph vs. Owen, 110 Mo. 1. c. 455; Gallaher vs. Smith, 55 Mo. App. 116; Bank vs. Woesten, 147 Mo. 1. c. 481-482; St. Louis vs. Von Phul, 133 Mo. 1. c. 567. And it is sufficient if such matters be regulated by general ordinance, in which case the special ordinance need not set such matters forth: Loevy vs. Construc- tion Co., 64 Mo. App. 430, 434 (see s. c. 179 Mo. 1. c. 465); see also State ex rel. vs. St. Louis, 56 Mo. 277. Specifications may 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. Ullman, 137 Mo. 543, 570, 571; Dickey vs. Porter, 101 S. W. 586, 596 (Sup. Ct. March 30, 1907); see also Swift vs. St. Louis, 180 Mo. 80, 1. c. 96, applying same 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 be delegated to other officials: Sheehan vs. Gleeson, supra; Ruggles vs. Collier, 43 Mo. 353 (determining what streets should be paved): St. Louis vs. Clemens, 43 Mo. 395; s. c. 52 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. Cleméns, 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; Dickey 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 Recovery: 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 wy 3 Te MOsela Gh oGo ne WahGeltaay. Same Comes el Senn Ou VOnm lp suCola o:a)c mt Es Onl CO sume oemmnicED 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. ec. 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 charter itself recognizes that 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, 37 Mo. App. 460, 465. Guarantee of Contractor to Maintain Pavement in Repair for a certain time: For ordinances, see Rev. Code, secs. 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, 688; Allen vs. Labsap, 188 Mo. 692, 708. Hence where the contract is 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: Asphait 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 (which is to be paid by the city): See cases supra; also note to section 18-of this article. Board Specifies Material to Be Used: 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. 80; Verdin vs. St. Houiswis 1] wio. 26> Barber Asp. Co.) vs. untae LO0MMOM 22 ebavinewC Oma Sam nica. 188 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, 10f 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 municipality is not forced to use other clearly inferior material on account of the requirement for competitive bid- ding.”’ ; Estimate of Cost: Where a statute or charter requires an estimate of the cost of the contemplated work, such estimate is a pre-requisite to the letting, and it has been said that the contract must be within the price: De Soto vs. Showman, 100 Mo. App. 323, 326, citing several authorities; see also as to the necessity and purpose of an “estimate” and what is an “estimate”: Booneville vs. Rogers, 101 Sova eel120 (ks Ce. Court Apps) May, 6371907): But as to the effect of the provision in the’ St. Louis Charter, see Sherwood, J., dissenting, in Verdin. vs. St. Louis,, 181 Mo. loc. cit. 138; and in Hill vs. Swingley, 159 Mo. 45, 48, referring to sec. 28 of this article, requiring every ordinance for improvements to contain a specific appropriation “based upon an estimate of cost, to be endorsed,’ etc., the court says that “it is very apparent that that clause refers only to contracts for work to be paid for out of the public treas- ury. The limit that is put on the price to be paid is the amount of the specific appropriation, not the estimate submitted,” and held that the section did not apply to work to be paid for by special tax against private property affected. See to same effect, Seibert vs. Cavender, 3 Mo. App. 421. | Where after introduction an ordinance is submitted to the Board of Public Im- provements by the Assembly with certain recommendations, which are adopted by the Board and the ordinance returned to the Assembly so amended, but with- out any alteration of the original estimate of cost by the Board, and as so re- submitted is passed by the Assembly, the original endorsement is sufficient: Bambrick vs. Campbell, 37 Mo. App. 460. Nor is a separate estimate required for each street, where a number of streets are included in one ordinance: Sei- bert vs. Cavender, 3 Mo. App. 421. But where the original ordinance is amended so as to include paving of other streets at increased cost and no new estimate is submitted, the ordinance so passed is void as is the tax-bill under it: Kinealy vs. Gay, 7 Mo. App. 208. The Proviso that the highway must have been opened, dedicated or established. according to the provisions of “this Charter and Jaw,’ comprehends both statu- tory and common law, and does not exclude a common-law dedication of a street: McGinnis vs. St. Louis,.157:: Mo. 191, 198. Sec. 16. Vote of Assembly on improvement bills.—Upon the ree- ommendation of any ordinance by the Board of Public Improvements, the Assembly shall have the power, when such ordinance shall be accompanied by a remonstrance as hereinbefore provided, by a vote of two-thirds of the members elect of each house, and in all other cases by a vote of a majority of the members-elect of each house, to pass such ordinance, and order the making of such improvement. As to presumption that an ordinance has been enacted according to the legal requirements, see notes to preceding section; and as to such presumption of regu- larity in general, see cases in note to Art. III, sec. 12, showing that where two- thirds vote is required it will be presumed to have been so passed; but see also note to next section herein below. See. 17. All ordinances for public work to be recommended by the Board of Public Inprovements.—The Board of Public Improve- - ments shall recommend to the Assembly all ordinances for the establishment or change of grade of streets, avenues$ boulevards, public highways and alleys, and also for the construction or reconstruction of streets, avenues, boulevards and _ public highways, and for the maintenance, repairing, lighting, cieaning and sprinkling thereof; for the construction or reconstruction, maintenance, repairing, lighting and cleaning of alleys; for the construction or recon- struction, maintenance and repairing of sidewalks ;for the construction or reconstruction and the repairs of sewers, and all ordinances tor the doing of all other public work of every nature and kind which is required by this Charter, or by ordinance, to be done under the supervision of said. Board, or of any of the members thereof. Amendment passed Oct. 22, 1901, submitted by ordinance 20444. . 404 CHARTER OF THE CITY OF ST. LOUIS. {LART. VI, Sec. 18. Where the recommendation of the Board of Public Improvements is required, it is jurisdictional, and an ordinance without it is invalid: St. Louis vs. Franke, 78 Mo. 41; St. Louis vs. Gleason, 93 Mo. 338, 37 (both these cases under superseded charter provisions, but the principles are still applicable). And where a majority of the owners remonstrate,it was held (when in such case a unanimous recommendation was required by the then charter) that an ordi- nance was void, where the board erroneously found that a majority had not remonstrated; such fact could be shown as being jurisdictional: Const. Co. vs. Geist, 37 Mo. App. 509. The ordinance is valid, although after its introduction the Assembly submits a suggestion for amendment to the Board, which is adopted and embodied in the erdinance by the Board, the ordinance being returned to the Assembly with recommendation for passage without altering the endorsement of estimated cost, and thereupon passed: Bambrick vs. Campbell, 37 Mo. App. 460, 463. Elevation of streets and alleys, how determined: See note to sec. 1 of this article. Sec. 18. Apportionment of cost of improvement— portion paid by the city and property owners respectively—no limit to special taxation.—The cost of construction or reconstruction of all the foregoing improvements within the city shall be apportioned as follows: The regrad- ing of streets and sidewalks to conform to the change of grade thereof, the lighting of boulevards, alleys, streets, avenues and public highways, and the repairs of streets, avenues and public highways, shall be paid out of the general revenue of the city. The grading, improving, constructing, re- constructing, maintaining, repairing, cleaning and sprinkling of all boule- vards shall be paid by special tax bill as in this article hereinbefore pro- vided; the grading, regrading, preparing the roadway for the superstruct- ure, placing foundation and roadway, paving of all alleys, shall be paid by special tax bill as hereinbefore in this article provided; the construc- tion, reconstruction, paving or repaving, including the cost of preparing the ground for the superstructure, placing foundations, and the wearing surface of all sidewalks, shall be paid by special tax bills as hereinbefore in this article provided; the grading, preparing of the roadbed for super- structure, placing foundations, curbing, guttering, wearing surface of the roadway paving, cross-walks, including all intersections of streets, ave- nues, highways and alleys, shall be paid by special tax bill in the manner hereinbefore in this article provided. The repairs of all alleys and side- walks shall be charged upon the adjoining property as a special tax, and shall be collected and paid as hereinafter provided. This amendment, also, was adopted at the election on Oct. 22, 1901, submitted under ordinance 20444. The validity of special taxation, though not sustainable on any logical ground, is no longer to be questioned: See cases cited in note to sec. 14 of this article, By 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. Refergnce to decisions upon the old law on this point are therefore omitted. It is also to be observed that, differing from the former law, vepairs, for alleys, Sidewalks and boulevards are now paid for by special tax, as well as construction work, ete. On this and other points the changes must be borne in mind in determining the application of the cases cited below. .Repairs of Streets to Be Paid by City: For ordinances on repairs, see R. C., sec. $90, and following. A contract providing for special deposit by a contractor to maintain his con- struction work for a certain period is 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 bill cannot be avoided on that ground: See Allen vs. Labsap, 188 Mo. 692, 703, and numerous cases cited in note to sec. 15 of this article. ART. VI, Sec. 19.] CHARTER OF THE CITY OF ST. LOUIS. 405 That such a guarantee of maintenance for a certain number of years in a con- tract for construction is not a contract for repair, but only a guarantee of the quality of the work, see cases cited in note to sec. 15 of this article. Distinction between rules applicable to streets and those applicable to alleys and sidewalks (before amendment): Skinker vs. Heman, 148 Mo. 349, 359, re- citing the charter provisions before the present amendment. As to what is to be considered as repairs and what reconstruction, see Farrell vs. Rammelkamp, 64 Mo. App. 425, 429; Perkinson vs. Schnaake, 108 Mo. App. 255, and cases infra. Repairs must be paid by the city and the city cannot shift the cost on the abut- ting owner by calling the work reconstruction: O’Meara vs. Green, 25 Mo. App. 198; and abutting owners are not liable for repairs where the streets were con- structed before the locality was taken into the city limits: O’Meara vs. Green, 16 Mo. App. 118. Nor can there be a recovery on a special tax bill for repairs (allowable under former charter provision), where the work was reconstruction: Farrell vs. Ram- melkamp, 64 Mo. App. 425, 428; the latter requiring an ordinance to authorize the work, but repairs being permissible under the order of the street commissioner on notice to the owner: Ritterskamp vs. Stifel, 59 Mo. App. 510. (See in con- nection herewith R. C., secs. 904 to 910.) Under 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. vs. Peck, 186 Mo. 506. Under that provision (before amendment) there was full authority to charge the cost of paving alleys against the adjoining property: -Heman vs. Gilliam, 171 Mo. 258, 264. As to cost to intersections of streets, and for ‘‘grading,’ ‘‘cross-walks” and “curbing,’ see Gibson vs. Kayser, 16 Mo. App. 404; intersections: See Allen ys. Krenning, 23 Mo. App. 561. NUISANCES—CHANGE OF GRADE. Sec. 19. Nuisances caused by public works to be abated by city— | damages by change of grade to be paid by city. is caused upon private property by any work or improvement done by and for the city, the same shall be abated at the expense of the city; and when- ever a grade of the street is fixed by the city and an improvement shall have been made in conformity thereto, if the city shall thereafter alter such grade to the damage of such improvement, the city shall indemnify the owner of the improvement for such damage. Nuisances: As to the powers of the city where the nuisance is not caused by the city, but by third persons, see Charter Art. III, sec. 26, clause 6; Art. XII, secs. 6, 4, 3; Rev. Code, Chap. XI, Art. 12 (secs. 584-689) and notes thereto. For statutory provisions respecting change of grade, see R. S. 1899, secs. 623% et seq., which are set out herein, with notes, under ‘‘Laws Specially Applicable to St. Louis,’ in Chap. 32, secs, 585-590. Change of grade: Prior to the constitution of 1875 the city in the legitimate exercise of its powers could change the grade by ordinance without being liable for consequential damages, unless the injury could be shown to have resulted from the negligent or improper manner in which the work was done: St. Louis vs. Gurno, 12 Mo. 415; Taylor vs. St. Louis, 14 Mo. 23; Hoffmann vs. St. Louis, 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; Imler vs. Springfield, 55 Mo. 119; Wegman vs. Jefferson, 61 Mo. 5°: Stewart vs. Clinton, 79 Mo. 603; and see dicta in the cases below cited. To uproot this doctrine the Constitution was so amended in 1875 that com; sation was required when property was damaged aS well as taken for public use, and since that time it is settled law that when property is damaged by estab- 406 CHARTER OF. THE CITY OF ST. LOUIS. [ART VL, Sec. 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., 83 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., 88 Mo. 488; Keith vs. Bingham, 100 Mo. 300; Sheehy vs. Cable Co., 94 Mo. 574, 578 ef seg. 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. bt. 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’g report, so as to allow an appeal, see St. Louis vs. Nelson, 169 Mo. 461. A railroad company is as much liable asa city Lor 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 private land resulting from inadequate sewer is not taking or damaging property for publle 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 without 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 they are not really well grounded: Lester Realty 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 the street; and the plaintiff, in order to recover, or to bring himself within the amendment, must show a special and peculiar injury to his property, 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. 83; Rude vs. St. Louis, 93 Mo. 408; Knapp Stout & Co. vs. St. Louis, 153 Mo. 572; see also (where a street railroad was constructed): Ruckert ‘vs. Grand’ Ave. Ry., 163 Mo. 1. c. 278; and (steam railroad) De Geoffrey vSs., Mer- chants Bridge, 179 Mo. 705 e¢ seg. In a suit by an abutting owner for damiees caused by changing the grade, whether the change be from the natural to an artificial or from one artificial to ag ART. VI, Sec. 20.] CHARTER OF THE CITY OF ST. LOUIS. © 407 another, the measure of damages is the difference in value of the property be- fore and after the change of grade, less any special benefit not common to all property in the neighborhood, caused by such change 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, 191 Mo. 459. As to measure of damages where access to a highway is cut off, being the dif- ference in market value before and after such cut off, see also: Slattery vs. St. Louis, 120 Mo. 183; Chouteau vs. St. Louis, 8 Mo. App. 48. The benefits to be deducted from the damages sustained by the landowner by the taking or damaging his property is only the direct and peculiar benefit that would result in particular to his tract, and not the general benefit that his lands would derive in common with the lands of other owners in his neighborhood: Cole vs. St. Louis, 132 Mo. 633, 640. 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 vs. Ry., 119 Mo. 180; Fred vs. Railway, 65 Mo. App. 121. The change of grade need not be the whole width of the road-bed: Stickford Vest. IuOuism @ NLO.cApD Dp. ali. Action for damages for changing grade is in nature of trespass; possession alone is sufficient; title need not be shown: Schrodt vs. St. Joseph, 109 Mo. App. 627; but see Clemens vs. Ins. Co., 184 Mo. l. ec. 56, ez seg. City not liable in absence of valid ordinance authorizing such change of grade: Gardner vs. St. Joseph, 96 Mo. App. 657; Clay vs. Mexico, 92 Mo. App. 611; Calvert vs. St. Joseph, 118 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, 298-299. And 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 affected by a change of grade, inferentially 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., 65 Mo. App. l. c. 124; nor because the plaintiff, after the grading of the roadbed by the cable company, requests that the grading of the street be finished: Hickman vs. Kansas) City, 1260) Mo. )110) 120. Damages for change of grade—landlord and tenant: St. Louis vs. Nelson, 108 Mo. App. 210. Damages because of removal of shade trees, when allowed: Walker vs. Sedalia, 74 Mo. App. 70. And when not: Colston vs. St. Joseph, 106 Mo. App. 714. See also Scott vs. Marshall, 110 Mo. App. 178 (condemnation of sidewalk improved by shade trees). Damages On condemnation of property for public use: See note to Charter, Art. VI, sec. 1. eee oa, bag SEWERS. Sec. 20. Classification of sewer system—“‘public,”’ “‘district,”’ ‘joint-district”’ and “‘private.’’—A sewer system is hereby established, which shall be divided into: four classes, viz.: ‘“Publie,’’ ‘‘District,’’ ‘*Joint- District’’? and ‘‘Private’’ sewers ; the classes in any case being determined by the authority of its construction, and the definitions hereinafter specified, irrespective of the area drained, the size, character, or purpose of the sewer. 408 CHARTER OF THE CITY OF ST. LOUIS. JART. VI. 8ec. 20. Public sewers are defined to be those heretofore constructed or acquired under authority of an ordinance, and paid for wholly out of the general revenue. Public sewers hereafter constructed shall be such sewers. as the Board of Public Improvements may deem it expedient to establish and construct without 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 under such regulations as may be provided by ordinance recommended by the Board of Public Improve- ments, and shall also consist of such branches to sewers already constructed as may be considered expedient by said board; provided, however, that no sewer shall be run diagonally through private property when it is practica- ble to construct the same parallel with the lines of such property, nor shall any public sewer be constructed through private property when it is prac- ticable to construct the same along a street, alley or public highway. An appropriation shall be made to meet the cost of each public sewer from the public revenue. Public sewers may be connected with any other sewer of any class, or with some natural course of drainage. District sewers are defined to be those constructed or acquired under authority of ordinances, within the limits of an established sewer district, and paid for by special tax assessed upon the property in the district. Joint-district sewers are defined to be those constructed or acquired under the authority of ordinances uniting one or more districts or unor- ganized territory, for the purpose of providing 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 property in such joint sewer district. Private sewers are defined to be those built with or without permits, paid for by the parties, persons, associations or corporations constructing the same. This section and those following were amended at the charter election of Oct. 21. 1901, making a material change in the sewer system of the city. State Law: See in connection with the charter, Laws Mo. 1905, sec. 1-6, set out herein in “Laws Specially Applicable to St. Louis,’’ Chap. 28, secs. 535-549, au- thorizing Drainage and Sanitary Districts between the city and county. Charter Authority to construct, keep in repair and regulate the use of sewers: See Art. III, sec. 26, clause 2, and note thereto. For ordinanees respecting sewers in general, see Rev. Code, Chap. 34, secs. 2302 to 2322 inclusive: sewer condemnation proceedings, secs. 876-882 (see also notes to Charter sec. 2 et seg. of this article); sewer connections, R. C., secs. 898, 1798, 145, 2314, 2302; permit construction, etc., 2303 and following. Liability of City for Damages for defective sewers and sewer overflows: See note to clause 2, section 26, Art. ITI. Definition and object of sewer in general: Fuchs vs. St. Louis, 167 Mo. loc. cit. €36; (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 Art. IIT.) The classification of sewers under the new charter provision and the right of the city so to classify, 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- tween the new and former classification. This distinction should be borne in mind in applying the decisions under the former law to the present conditions. Under the former provisions: Public sewers can be created only by ordinance, not by user alone: Heman vs. Payne, 27 Mo. App. 481, 486. ART. VI, Sec. 20. ] CHARTER OF THE CITY OF ST. LOUIS. 409 What are public, district or private sewers prior to present amendment, see He- man vs. Allen, 156 Mo. 534, 542; Hill vs. Swingley, 159 Mo. 45; Eyerman vs. Blakely, 78 Mo. 145. In how far the municipal assembly must fix the construction, materials, route, dimensions, ete., of a sewer by ordinance and in how far the details thereof may be delegated to the proper officials, see State ex rel. vs. St. Louis, 56 Mo. 277, showing that the power of the city in this respect was enlarged by charter amendments so as not to be governed by the decisions in Murphy vs. Clemens, 48 Mo. 395 and Ruggles vs. Collier, zd. 375. And see further, cases on the same subject with respect to street improvements, note to sec. 15 of this article. Discretion as to location of branch or lateral sewers in B. P. I.: State ex rel. vs. St. Louis, 56 Mo. 577; Eyermann vs. Provenchere, 15 Mo. App. 1. c. 267-268. The action of the Board of Public Improvements in accordance with charter au- thority to recommend creation of private sewer to the Municipal Assembly, which enacts an ordinance in pursuance thereof, is conclusive that such sewer is a pri- vate sewer, no matter how beneficial it is to the public: Heman vs. Allen, 156 Mo. 534 (affirmed without discussion of this point in 181 U. S. 402). The recom- mendation of the board and subsequent enactment of the ordinance relieves the ‘contractor from the obligation of inquiring as to the grounds on which the work is done: HEyermann vs. Provenchere, 15 Mo. App. 1. c. 270. The Municipal Assembly, when thereto moved by the Board of Public Improve- ments, may pass ordinances looking to the construction of sewers, public and district, and the policy of constructing sewers is delegated to them. It is for the Municipal Assembly, acting in the manner prescribed by charter, to say when and where sewers are to be constructed, and the kind, whether public or district. But it cannot by ordinance or otherwise, authorize the 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 difference between a public and district sewer is not a mere difference 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. Swingley, 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: Vicksburg vs. Waterworks Co., 202 U. S. 453, 471-472. As to special taxation, see in connection with the cases below, also the notes to sections 24-25 and 14-15 of this article, for those points common to streets, alleys, ete., as well as sewers. Special taxation for the construction of sewers, assessed either according to the area, benefit district, or the front foot rule, is now valid beyond question: Prior vs. Construction Co., 170 Mo. 439, 448; St. Joseph vs. Farrell, 106 Mo. 437; He- man vs. Allen, 156 Mo. 534, affirmed as Schumate vs. Heman, 181 U. S. 402. The question whether a lot owner is benefited by the sewer so as to make his land taxable therefor, is legislative and he will not be heard to the 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 to justify the action of the assembly: Prior vs. Construction Co., 170 Mo. 439, 450-451; Heman vs. Schulte, 166 Mo. 409; Heman vs. Allen, 156 Mo. 534, 544-561, affirmed 181 U. S. 402; Akers vs. Kollmeyer, 97 Mo. App. 520, 529. See also John- son vs. Duer, 115 Mo. 366. But the Municipal Assembly cannot authorize tax-bills by designating a public sewer to be a district sewer, when in fact not such, and the tax-bills are void: Hill vs. Swingley, 159 Mo. 46, 49-50. Area taxation without reference to value of land is valid: Johnson vs. Duer, 116 Mo. 366. Ascertaining assesement: See Creamer vs. Allen, 3 Mo. App. 546. 410 CHARTER OF THE CITY OF. ST. LOUIS. (ART. VI, Sec. 21. The basis 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 for public 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. Farish, 97 Mo. App. 393, 401; Heman vs? Allen, 156 Mo. 534; also authorities generally in notes to secs. 27 and 14 e Seq., 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. Joseph vs. Landis, 54 Mo. App. 1. c. 326. See also Dickey vs. Porter, 101 S. W. 586, 596 (GS. (Ores MWe SD, USE. Special tax is not the exclusive remedy of the contractor; there is nothing in the charter preventing the city from enacting that other regulations, such as the payment of the tax before permitting a connection with the sewer, must be ob- eerved under its other powers: Hill vs. St. Louis, 159 Mo.‘159, 167 (upholding an ordinance to that effect, now sec. 2304 of Rev. Code). Limit of taxation for sewers: There was no limit to special taxation of sewers even before the present amendments: Heman vs. Wolff, 33 Mo. App. 200; Hill vs. Swingley, 159 Mo. 45. See. 21. District sewers, establishment and construction of— districts may be changed—special taxation for, authorized—re- pairs and other incidental expenses paid by city—reconstruction of sewers permitted at expense of property. istrict sewers shall be established and constructed or acquired within the limits of districts to be pre- seribed by ordinance recommended by the Board of Public Improvements, and may be connected with a sewer of any class, or with some natural course of drainage. District sewers shall be of such dimensions and material as may be considered necessary and expedient by the Board of Public Improve- ments, and authorized by ordinance. "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 jaccordings, sto, contract: Carroll evs t-aelOU 1S ae VOM Dae lo lames Hoes ce 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, 74-80, 100, and in dissenting opinion in the same case, 108 ef seg., also 152 ef seq. See also as to cancelling special tax-bill, Heman vs. Skinker, 148 Mo. 3879. Installments (under Kansas City charter, when due and how pleaded): Jaicks vs. Merrill, 98 S. W. 758 (Sup. Ct. Dec. 22, 1906). Sec. 26. Special tax bills may be assigned—formality re- quired —payment.—Such special tax bills and len thereof shall be assig- able. Hach and every transfer of special tax bill shall be registered in the office of the comptroller, and no transfer thereof shall be valid or effectual until it is so registered. [Every transfer shall be in writing, and witnessed by the Comp- troller personally, or by one of his deputies, duly acknowledged before a 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 whom payment of the said tax bill, or of any of the installments thereof, or of any interest on any installment thereof, may be made at or after maturity; and payment made to the City Treasurer, whose duty it shall be to receive and receipt for the same, if tendered, or to the designated bank or trust company, shall be sufficient to procure the partial or total entry of satisfaction of such tax bill, as the case may be, in the office of the Comptroller on presentation to the Comptroller of the tax bill duly re- ceipted, or on presentation of a receipt of the City Treasurer or of such designated bank or trust company showing such payment. AIl payments made to the City Treasurer shall be by him paid over to the party or parties entitled thereto upon the warrant of the Auditor. This section, like those preceding, was one of the amendments adopted Oct. 22, 19 01% Special tax-billSs 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. 586 (Sup. Ct. March 30, 1907). Substitution of assignee by amendment in pending suit: Springfield vs. Weaver, 13% Mo; 1:,e:) 670: ' ART, VI, Sec- 27.] CHARTER OF THE CITY OF ST. LOUIS. 421 CONTRACTS FOR PUBLIC WORK. Sec. 27. Assembly forbidden to contract for public work b. P. I. to submit ordinance for proposed work— advertising for bids, requisites—contract to be let to “lowest responsible bidder’’— one having failed to carry out prior contract with city deemed not responsible—bids may be rejected— sureties on contractor’s bond. —The Assembly shall have no power directly to contract for any public work or improvement, or repairs thereof, contemplated by this Charter, nor to fix the price or rate therefor; but in all cases, except in case of emergency work or necessary repairs requir- ing prompt attention, the Board of Public Improvements shall pre- pare and submit to the Assembly an ordinance, with an estimate of the cost endorsed thereon by the President of the Board, authorizing the doing of any proposed work, and, under the direction of the ordinance authorizing the same, shall advertise for bids, in the papers doing the city printing, three times, the last publication to be at least ten days before the day appointed for the opening of the bids, stating the general nature of the work to be done and the time and place when the bids will be received, and shall let out said work by contract to the lowest responsible bidder. Any 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 different period, and in other papers than those provided above. No security on any bond shall be taken unless he shall pay taxes on property equal in an amount to his liability on all bonds on which he may be security to the city. And no contract shall be made under this section without bond for its faithful performance, with at least two sufficient securities. No person, firm or cor- poration shall be deemed such a responsible bidder who has failed or re- fused to fully carry out any prior contract let to him or them for doing any work contemplated by this Charter; provided, however, that the said Board of Public Improvements shall have full power and authority to reject all bids so advertised for and submitted, whenever, in its judgment, the inter- ests of the city may require, and in such event shall, in like manner, re- advertise for bids for such work. See note below. Certified checks to accompany all bids.—A1]I bids for the doing of public work shall be accompanied with a certified check on some bank or trust company in the City of St. Louis, payable to the order of the Treas- urer of the City of St. Louis, for the amount of the deposit required, en- closed in the sealed envelope enclosing the bid. Also an amendment adopted Oct. 22, 1901. For ordinance provisions concerning the advertisements of public improvements and the awarding of contracts see Rev. Code, Chap. 24, Art. 8, being sections 1976-1994a inclusive; also sec. 1165. Under the charter 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 approved 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 lettings, subject to council’s approval, with provision for temporary CONILTACES. GtG;a Art. XV, sec: 1. What is public work: Under the provision that the B. P. I. is to lef all cone tracts for public work, the Board of Health has no power to contract for re- 422 CHARTER OF THE CITY OF ST. LOUIS. [ART. VI, Sec. 27. moval of garbage, and such a contract is void: State vs. Butler, 178 Mo. 272. See as to garbage ordinances R. C., Ch. 11, Art. 10, secs. 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. Letting out work to lowest responsible bidder: (See also R. C., secs. 1987 ef seq.) 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, 180 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: Verdin 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. 161-164) 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 responsible bidder, thus according discretion. In the one case it 13 a contract 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. I. ec 123 et seg., Gibson vs. Owen, 115 Mo. 258 (allowing award to next lowest bidder with- out readvertising 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. 18. 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. COMVS ML eZeL elo eNO. AD Dalen Geli as Mistake in bid; withdrawal of bid by contractor, etc.: See Moffett vs. Rochester, 173 U. S. 373 (under charter of City of Rochester). As to lost bid see Morley vs. Weakley, 86 Mo. 451, 457. Contractor’s bond; and also for contract provisions, time for completion of work, etc., see note to section 28 of this article. ART. VI, Sec. 28.] CHARTER OF THE CITY OF ST. LOUIS. 493 Ustimate of cost required: See on this point cases cited in note to section 15 of this article. Also see next section (28). Notice of letting of a contract for public work, the cost of which is to be col- lected from the citizens nolens volens by special assessment is a condition precedent which must be fairly complied with, whether prescribed by Charter or ordinance: Clapton vs. Taylor, 49 Mo. App. 117, 126, and cases there cited; Keane vs. Cushing, 15 Mo. App. 96; see s. c. 21 Mo. App. 485. Where one of the days of such a publication is Sunday, this does not make the notice illegal: Clapton vs. Taylor, susva,; Barber Asp. Co. vs. Muchenberger, 105 Mo. App. 47; St. Joseph vs. Landis, 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, susra,; Barber 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 facie correct; to show that a publication did not take place as therein stated it is not sufficient simply to produce what purports to be a copy of the newspaper, but such copy must be shown to have been intended for circulation: Ross vs. Gates, 117 Mo. Apps 237,246 ¢2 seq. Caiscussinge also effect 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. 96 (s. e¢. 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). Delay in the letting does not invalidate the tax-bill: Jaicks vs. Middlesex, 98S: W. 159 (Sup. Ct. Dec: 22, 1906). As to delay by the contractor in com- pleting the work, see note to next section. See. 28. Improvement ordinances to contain specific ap- propriation—work may be done in parts, but appropriation Shall be made for each part.—Every ordinance requiring work to be done shall contain a specific appropriation from the proper revenue and fund for such part thereof, as may be payable by the city based upon an estimate of cost, to be endorsed by the President of the Board of Public Improvemenis on said ordinance, for the whole of the cost of the proposed work. Provided, however, that when the work contemplated by such ordinance is of such mag- nitude that the total cost thereof would exceed the amount of money then in the city treasury, and available for such purpose, the ordinance may provide for the whole work, which 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 parts shall be limited to the amount appropriated for the doing of such sections or parts, and in this manner ultimately to com- plete the work specified. See note below. Contract provision—suspension of work on complaint—B. P. I. to examine and report—cost.— Every contract shall contain a clause to the effect that it is subject to the provisions of the charter, that the aggregate payments thereon shall be limited by the amount of such specified appropriation, and that, on ten days’ notice, the work under said contract may, without cost to or claim against the city, be suspended by said Board with the approval of the Mayor, for want of means, or other substantial cause; provided, that on the complaint of any citizen and taxpayer, that any public work is being done contrary to contract, or the work or material used is imperfect or different from what was stipulated to be furnished or done, the said Board shall examine into the complaint and may appoint two or 424 CHARTER OF THE CITY OF ST. LOUIS. [ART. VI, Sec. 28. more members of said Board to examine and report on said work, and after such examination, or after considering the report of said commissioners, they 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 contractor, if such complaint is decided to be well founded, and by the complainant, if found to be groundless. Amendment adopted Oct. 22, 1901. Contract provisions: See ordinances Rev. Code, secs. 270, 1918 ef seg., 884 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, 188 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., see. 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 ACKING VS: scan sac aol Dee Sea OloE An ordinance for street improvements is not void because it leaves certain details of construction to the discretion of the proper city officials: 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. 1899, 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 may 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: ios Ibeepicy Aus \Weeek IRioybUl, sia: 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. Wright 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. LOUIS. 425 owners 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 right to protect him if the contractor violates his agreement to the city. Time for completion of work: The tax-bill will not be void if the work is completed within a reasonable time, provided 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, 188 Mo. 692, 696; Heman vs. Gilliam, 171 Mo. 258, 267 et seg. reviewing all the cases, dis- tinguishing them, and overruling Ayers vs. Schmoll, 86 Mo. App. 349; Curtice vs. Schmidt, 101 S. W. 61 (March 28, 1907). But even under the above conditions if the work is not finished in reasonable time and the contractor does not proceed in reasonably good faith to finish in the time specified in the contract, the tax-bill is void: Schibel vs. Merrill, 185 Mo. 534, and cases cited. And if the ordinance does provide within what time the work is to be completed, 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-completion in time, or undertakes to extend the time, for the ordinance controls the contract whenever repugnant: Paving Co. vs. Munn, 185 Mo. 552, 568, reviewing the cases; and see Hund vs. Rackliffe, 192 Mo. 312, 323 e¢ seg. And 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. cit. 267-268; see also Hund vs. Rackliffe, 192 Mo. 312, 323. If the contract contain no time limit but the letting notice did specify a limit, which formed the basis of the bids, such limit will be considered as intended: Turner vs. Spring- field, 117 Mo. App. 418. Delays caused by injunctions, bad weather, ete. (when not contracted against) furnish no excuse: McQuiddy 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 Assembly 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: Neill vs. Gates, 152 Mo. 585; Hund vs. Rackliffe, 192 Mo. 312, 322 ef seg,, 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 determination as to what is a reasonable extension: Hund vs. _ Rackliffe, 192 Mo. 312, 325; see also Hilgert vs. Barber Asp. Co., 108 Mo. App. 384, 395 e¢ seg. 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 Jetting 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: Jaicks vs. Middlesex, 98 S. W. 759 (Sup. Ct. Mo., Dec. 22, 1907). Specific appropriation: See R. C., sec. 1920. The provision of sec. 28, Art. VI, applies only to contracts for work to be paid out of the city treasury; the limit put on the price to be paid is the amount of the specific appropriation, not the estimate submitted to the assembly by the B. P. I. The section has no application to work to be paid for by special tax-bill against the _ realty affected by a sewer construction: Hill vs. Swingley, 159 Mo. 45, 48. See remarks as to the wisdom of such requirements of specific appropriations by Marshall, J., dissenting in Pryor vs. K. C., 153 Mo. 151. 426 CHARTER OF THE CITY OF ST. LOUIS. [ART. VI, Sec. 28. A contractor cannot recover for work, under order of a city official, in excess of the appropriation therefor: Perkinson vs. St. Louis, 4 Mo. App. 322. Estimate of cost: See cases in note to sec. 15 of this article: see also Hill vs. Swingley, supra 159 Mo. 1. c. 48; Bambrick vs. Campbell, 37 Mo. App. 460, 464; Kinealy vs. Gay, 7 Mo. App. 203; Seibert vs. Cavender, 3 Mo. App. 421; Sher- wood, J., dissenting in Verdin vs. St. Louis, 131 Mo. 1. ec. 133. Suspension of work on complaint of citizens, and investigation by B. P. IL. etce.; Ordinances carrying out this charter proviso, and providing for investigation on complaint of tax-paying citizen, etc., see Rev. Code, secs. 1922-1932 inclusive. As to reduction of amount of tax-bill for imperfect work see sec. 25 of this article and note thereto; as to pro tanto recovery where ordinance partially void see sec. 15 hereof. Sec. 29. Street sprinkling authorized by ordinance—special tax bills therefor issued in favor of city—contracts made annually by B. P. I.—sprinkling district—date of special tax lien—interest--cost of sprinkling paid out of city treasury —City reimbursed by special tax bills. —The Mayor and Assembly shall have power within the city by ordinance to cause the streets and public places of the city, or any part thereof, to be sprinkled, and the cost thereof to be provided for and defrayed by a special tax to be assessed in favor of the city on the adjoining property fronting or bordering on the streets or public places where such sprinkling is proposed to be done, in the proportion that the linear feet of each lot fronting or bordering on the street or public place so to be sprinkled bears to the total number of linear feet of all property chargeable with the special tax afore- said in the territory embraced by the contract under which said sprinkling is to be done. The above work shall be contracted for annually by the Board of Public Improvements at such time and under such terms and conditions as shall be provided by ordinance, and the city shall be divided into at least forty sprinkling districts for the above purpose, and each district shall be let separately. The special tax bills spoken of shall be and become a lien on the property charged therewith from the first Monday in April in each year, and shall be prima facie 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 per annum from the first 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 per eentum per annum from the first day of April in each year, and they shall be issued and collected in the manner hereafter pro- yided by ordinance. The cost of the sprinkling shall be paid out of the city treasury to the contractors, and the City Treasurer shall be reimbursed for such expenditures by the proceeds of the special tax bills aforesaid. Amendment enacted at charter election held Oct. 22, 1901. Ordinances concerning street sprinkling: See Rev. Code, Chapter 12, Art. 38, sees. 941-1082; sprinkling between street car tracks by car companies: R. C.,, sec. 1901. Special taxation for sprinkling 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.Y. Life ins.) Cos vs. Prist, it Med (Carey as8i5. ART. VII, Sec. 1-3.] CHARTER OF THE CITY OF ST. LOUIS. 427 ARTICLE VII. WATER WORKS. SECTION SECTION 1. Water commissioner; his term, bond, 9. Collections to be deposited in treasury etc. daily—monthly statement to comp- ller. 2. Water commissioner to assume charge ued of the department, ete. 10. Issue of water licenses, ete. 3. Contracts for work to be submitted to 11. Assembly may regulate water rates— revenue from water-works, how 4. City to be liable for real estate taken applied. for water-works, ete. council. 12. Water rates to be fixed so as to pay current expenses of works and in- 6. Owners of buildings may be compelled terest on water-bonds—exceptional to take out water license as a san- discriminations forbidden. itary measure, etc. ol Laying of water pipe. 13. Sale or lease of water-works forbid- den—fund to renew and extend water-works, and to pay interest 8. His salary and bond. and principal of water bonds. -~1 . Assessor and collector of water rates —clerks, duties, etc. Sec. 1. Water commissioner—his term, bond, ete.—The water works, except the assessment of water rates and the collection of the reve- nue therefrom, shall be under the control and management of a commis- sioner, to be known as “Water Commissioner,’ who shall be appointed by the Mayor, and confirmed by the Council, and shall be a duly qualified engineer, hold office for four years, and give such bond as may be required by ordinance. He shall appoint such subordinates as may be necessary for the management and efficient operation of said water works as may be provided by ordinance. Charter, Art. IV, sec. 37, designates the general powers and duties of Water Commissioner; Art. 1, sec. 1, and Art. III, sec. 26, clause 2, confer power to estab- lish and maintain waterworks. For ordinances see Rev. Code, secs. 1957-1963,inclusive,and secs. 2001, 2005-2010. Statutes: R. S. 1899, sec. 6488, confers power on city to contract to supply other municipalities with water from its works, also persons and corporations beyond the city limits; sec. 6489 authorizes procurement of water from other cities; sec. 6490 authorizes laying of pipes, ete., to carry out the foregoing sec- tions; sec. 6491 provides condemnation proceedings, etc. Sec. 2. Water commissioner to assume charge of the depart- ment, ete.— Upon the appointment of the Water Commissioner under this Charter, he shall take charge of the water works, and all the appurtenances thereto, and shall assume supervisory control over the operation of the same, and enforce the performance of all existing and future contracts and work; and it shall be the duty of the Board of Water Commissioners, and all other persons having charge of the water works, or connected therewith, upon demand of said Commissioner, to turn over all books, records, property and assets belonging to said water works to said Commissioner, and thereupon the official terms of said Board of Water Commissioners and their ap- pointees shall cease and determine. Sec. 3. Contract for work let by Commissioner to be submitted to Council.—The doing of all work, and the furnishing of all materials and supplies for the water works, shall be let out by the Commissioner in the same manner as other public work, except in cases where it is not practical to do such work or furnish such materials by contract; and all contracts shall be submitted to the Council for approval. Ordinance provision R. C., sec. 1957, follows this section; see note thereto. 428 CHARTER/OF THEACIDY, OF STs LOULS. [ART. VII, Sec. 4-6. Sec. 4. City to be liable for real estate taken for water works, ete.—The City of St. Louis shall be liable for all damages that may be sustained by any person in his or her property, by the taking of any real estate, for the purposes necessary for the efficient operation 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 prescribed in this Charter in the matter of street openings. Where condemnation is authorized only in case no agreement can be other- wise attained, the proceeding to condemn must show such inability to agree: Graf vs. St. Louis, 8 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, secs. 1 to 12, and notes thereto. Sec. 5. Laying of water pipe.— Whenevera majority in interest of the property-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 the 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 pipe 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 was 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 show 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. Owners of buildings may be compelled to take out water license as asanitary measure. etce.—The Water Commissioner may require owners or lessees or their agents, of houses, stores and other buildings in the city, or in such part ther eof as he is ready to supply, to take out license for the use of water for such house, store or building, according to the rates and assessment as fixed by ordinances ofthe city for the use of water, whenever the Board of Health of the City of St. Louis shall, by order duly made, declare that the use of water from the water works of the city in any such house, store or building, is demanded as a sanitary measure for the pres- ervation of the health of the inmates or inhabitants of such house, store or building; and the said rate and assessment shall be paid by all such pro- prietors, owners or lessees, or their agents, as well by those who consent as by those who refuse to place in their houses, stores and buildings the water pipe to convey the same, and shall be payable whenever the Assessor of Water Rates shall have notified the proprietor, owner, lessee, or his or her agent, of the readiness of said Water Commissioner to supply such house, store or building with water as aforesaid. The parties who fail or neglect to comply with the provisions of this section shall be subject to penalties as may be provided by ordinance. See ordinances in pursuance of this section: Rev. Code, secs. 2462 to 2664. See also St. Louis vs. Tiefel, 42 Mo. 578, 1. e. 593. ART. VII, Sec. 7-11.] CHARTER OF THE CITY OF ST. LOUIS. 429 Sec.7. Assessor andCollector of Water Rates—clerks, duties, ete.—The assessment and collection of water rates shall be under the control and supervision of an Assessor and Collector of Water Rates, who shall be appointed by the Mayor, and confirmed by the Council. He shall have authority to appoint such clerks and assistants as may be authorized by ordinance. It shall be the duty of said Assessor and Collector to collect all revenue due, or to become due, to the City of St. Louis for water, or accruing to the City of St. Louis on account of the water works thereof, in virtue of any ordinance now existing or hereafter to be passed. For ordinances relating to Assessor and Collector of Water Rates see Rev. Code, Chap. 38, Art. 1, sec. 2447 ez seg.;, duties, sec. 2456; clerks and assistants, 2451, 2452, 2455. See. 8. His salary and bond.—The Assessor and Collector of Water Rates shall receive a salary to be fixed by ordinance, not exceeding three thousand dollars a year, and shall give a bond of one hundred thousand dollars, with not less than four good sureties, owners of unincumbered rea] estate, within the City of St. Louis, of the assessed value of one hundred thousand dollars, to be approved by the Mayor, conditioned that he will faithfully and punctually collect and pay to the Treasurer of the City of St. Louis all moneys due and collectible for and on account of the water works, and that he will faithfully perform all the duties of his office ac- cording 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 is a part of his term so that an increase in salary does not apply to that period: State ex rel. vs. Smith, 87 Mo. 158: and he and his sureties on his bond are liable for breaches during such holdover period: Jézd l. ec. p. 160, citing Long vs. Seay, 72 Mo. 648 and State ex rel. vs. Kurtzeborn, 78 Mo. 99. See. 9. Collections to be deposited in treasury daily—month- ly statement to Comptroller.—At the close of each day, the Assessor and Collector of Water Rates shall deposit in the city treasury the revenue col- lected during the day, taking triplicate receipts for the same, one of which shall be deposited with the Comptroller, and one with the Auditor. Every failure in this respect shall be reported to the Mayor, upon which the Mayor may suspend or remove said Collector. He shall monthly furnish the Comptroller with a full and complete statement of all collections made by him, also the number of blank licenses not used. Ordinance provisions are the same: Rev. C., secs. 2457, 2460. Sec. 10. Issue of water license, ete.—The Comptroller shall coun- tersign all blanks received from the Register for water license, and shall issue the same to the Collector and Assessor of Water Rates, taking his duplicate receipts therefor, one of which he shall file with the Auditor. The Comp- troller is further instructed to examine the monthly statement of the said Assessor and Collector, and to certify to the Auditor whether it is correct or not. See R. C., sec. 2459. Sec. 11. Assembly may regulate water rates—revenue from water rates, how applied.—The Assembly may make alterations in the prices or rents to be paid for the use of water from the water works, and the whole net income from rents and receipts of the water works, in excess of what may be necessary for completing, constructing, operating and repairing the 430 CHARTER OF THE CITY OF ST. LOUIS. [ART. VIII, Sec. 1. water works and for interest on water bonds shall be transferred quarterly to the fund commissioners of the City of St. Louis, and shall be by them invested in St. Louis Water bonds, if the same can be done advantageously, and if not, in other bonds of the City of St. Louis; and if none such are procurable, then in bonds of the State of Missouri, or the United 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 Bonds,” and shall be applied solely to that purpose until the whole of said bonds be fully paid; and the fund commissioners shall, whenever required by the Assembly or either branch thereof, render a just, true and full account of all their re- ceipts, payments and proceedings under this section. Ordinances fixing water rates, licenses, and regulations, see Rev. Code, Chapter 38, Art. 3, secs. 2468-2503. See also notes of cases cited there. As to Water Bonds see R. C., Chap. 38, Art. 2, secs. 2528-2530 inclusive. Authorities: As to effect of payment of a consumer of city water under express or implied threat of shutting off the water, and the exaction by the city ot 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 secs. 2468, 2482. Sec. 12. Water rates to be fixed so as to pay current expenses of works and interest on water bonds—exceptional discrimina- tions forbidden.—The water rates shall be fixed at prices that shall produce revenue sufficient at least to pay the interest upon the city water bonds, and the running expenses of the water works department. No water rate shall be allowed or fixed by any other principle or consideration than that of pro- ducing revenue, and exceptional discriminations in rates are forbidden. Ordinances fixing water rates: R. C., secs. 2468-2502. See note to heading of Arty ono tee na pamots: Sec. 13. Sale or lease of water works forbidden—fund to re- new and extend water works, and to pay interest and principal of water bonds.—The water works shall never be sold, leased or otherwise disposed of. The Assembly shall have power from the income, rents and receipts of the water works to provide a fund for the renewal and extension thereof, and for the payment of interest and principal of bonds issued for such re- newal or extension. This section is as amended at the charter election of Oct. 22, 1901. Submitted by ordinance 20444. ACTICLE VIII. PUBLIC PARKS. SECTION SECTION 1. Park commissioner—term of office and or lease parks—action to be ratified bond—reports, etc. by popular vote. 2. Appointment of assistants, etc. 5. Proceeds of O’Fallon park bonds to be 3. Anna appropriation for parks— turned over to the fund commis- entrance and exit gates. sioners. 4. Authority of municipal assembly to sell 6. Repeal of special park acts. Section 1. Park Commissioner—term of office and bond—re- ports, ete.—The public parks, places and squares of the city, except Tower Grove Park, shall be under the supervision and control of a commissioner, to ART. VIII, Sec. 2-4.] CHARTER OF THE CITY OF ST. LOUIS. 431 be known as the “Park Commissioner,” to be appointed by the Mayor, and confirmed by the Council, who shall hold office for four years, and until his successor is appointed and qualified, and give bond for the faithful perform- ance of his duties in the sum of at least ten thousand dollars, with at least two sureties, residents of the city and owners of unincumbered real estate in said city. He shall keep a record of all receipts and expenditures on account of said parks, squares and public places, and make a monthly re- port of the same to the Comptroller. Ordinances concerning public parks, andregulations, etc.,see Rev. Code, Chapter 25, secs. 2018 to 2035 inclusive. And see note to heading (Chap. 25) giving refer- ences. to the various provisions relating to parks in general, as well as to the respective city parks in particular. As to Tower Grove Park (which is specifically excepted from the charter provisions) see Session Laws Mo. 1867, pp. 172 et seq.; Session Laws 1872, p. 469, and Laws 1871, p. 189, all set out herein in ‘Laws Specially Applicable to St. Louis,’ Chapter 23, secs. 400-426 inclusive, ante pp. 170-173. As to the Park Commissioner and hisoffice see Charter, Art. IV, sec. 39; Rev. Code, secs. 1970 to 1975; and as to his employes and salaries, secs. 2000-2002, 2015-2017. Under its Charter powers the city can provide rules for the nfanagement and government of the parks, and secure by contract some one to serve refresh- ments therein for the service of the public; the control of the city is a discretion- ary one and a matter of local concern, the park being held and owned by the city, not in its political or governmental capacity, but in a quasi-private capacity, in which the municipal authorities act for the exclusive benefit of the cor- poration whose interests they represent: State ex rel. vs. Schweickardt, 109 Mo. 497. A public park is a public use authorizing condemnation of private property therefor by proper proceedings: County Court vs: Griswold, 58 Mo. 175 (uphold- ing establishment of Forest Park under the act ‘‘repealed”’ by sec. 6 of this Peele casa Sele leven Vis mmValde lou VLOntlueGse LCi phoemaker visy & Uses. 147 ees. 252, 29. But it must be established at’ the expense of those to be benefited by it, and must be for public and municipal purposes: State ex rel. vs. Leffingwell, 54 Mo. 458, 471 ef seq. Special taxation upon those specially benefited, to pay the cost (as in case of streets) is sustained: Kansas City vs. Ward, 134 Mo. 172, 178; Shoemaker vs. eS l4a Ul eee 2s zee Wansas City, VS... Baconn 141 Moee259. 273°) Craizhill: vs. Eambert, 168 U.S. 611. Sec. 2. Appointment of assistants, ete.—It shall be the duty of the Park Commissioner to execute all ordinances of the city regulating the management and improvement of the public parks, squares and places of the city, and for this purpose shall have authority, with the approval of the Mayor, to appoint such assistants and employes as may be provided by ordinance. See references to ordinance provisions in note to preceding section. Sec. 3. Annual appropriation for parks—entrance and exit gates.—The Municipal Assembly shall, as in its judgment may be deemed necessary, annually make such appropriation, but not less than thirty thou- sand dollars, out of the revenue of the city, for the purpose of embellishing, improving, and keeping in order all the parks and squares and places under the supervision of the Park Commissioner. Every public park of the City of St. Louis shall be provided with at least one entrance and exit for public use on each side thereof, appropriate to the purpose for which said park may be used. Sec. 4. Authority of Municipal Assembly to sell or lease parks —action to be ratified by popular vote.—The Municipal Assembly shall have authority, upon the recommendation of the Board of Public Improve- 432 CHARTER OF THE CITY OF ST. LOUIS. _[ART. VIII, Sec. 5-6. ments, to provide by ordinance, for the sale, or lease, of any of the parks, places and squares under the supervision of said Board, but such ordinance shall provide that the proceeds of the sale of any such park, place or square shall be paid to the fund commissioners of the city, and that all rentals shall be placed to the credit of the Board of Public Improvements, for the improve- ment and embellishment of the parks of the city: Provided, however, that no such sale or lease shall be made by the Municipa: Assembly unless the ordinance providing therefor be submitted to a vote oi the qualified voters of the city for ratification at a general election, ard it be ratified by a ma- jority of the qualified voters of the city. See also power to “inclose, improve, regulate or sell all parks and other public grounds,” Art. III, sec. 26, clause 3. Ordinances providing for lease for resi- dence purposes of buildings in certain parks, see R. C., secs. 2025-2026; leasing boat privileges, sec. 2027 e¢ seg. A contract pursuant to ordinance, made in writing by the Board of Public Improvements of the City of St. Louis, with one for the exclusive privilege of selling refreshments and intoxicating liquors in Forest Park, and giving the so-called ‘lessee’? possession of certain buildings on the premises, is held not to be in effect a technical lease nor in violation of the provisions of the Charter that no sale or lease shall be made unless the ordinance providing therefor shall be submitted to a vote of the people: State ex rel. vs. Schweickardt, 109 Mo. 496. Sec. 5. Proceeds of O’Fallon Park bonds to be turned over to fund commissioner.—lIt shall be the duty of the Auditor of the County of St. Louis, and the presiding justice of the county court thereof, after the adop- tion of this Charter and upon demand of the Mayor of the city, to draw a warrant on the county treasurer in favor of the fund commissioners of the City of St. Louis for the amount realized by the sale of bonds authorized by an act approved March 22, 1875, entitled “An act to amend an act en- titled an act to establish O’Fallon Park in St. Louis County, and author- izing the county court of St. Louis County to issue bonds for the purchase of lands therefor, and for the government of the same when established, ap- proved March 27, 1874,” and the fund commissioners shall purchase the bonds of the city for the same. Sec. 6. Repeal of special park acts.— S. c. 54 Fed: 100 Cdistinguished in Alma vs. Bank, 50 Ped) 208-25 Uns. Cl CA 504): Sec.3. Proofs of printing to be submitted to officers interested. —Proofs of all printing shall be submitted to the officer directly interested therein, and no publication or printing shall be done or paid for except when done in the manner herein prescribed. This provision is re-enacted by ordinance: Rey. 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 appropriation would be a donation of city money and is prohibited by law: Campbell vs. St. Louis, 71 Mo. 106- : ARTICLE XVI. MISCELLANEOUS PROVISIONS. SECTION SECTION I~ bxistine ordinances, contracts, . etc, co 10. Regulation of public processions. remain in force until repealed or 11. Penalty for voting in favor of or al- abrogated. lowing unauthorized claims—penalty 2. Existing recognizances, obligations, for the misapplication of public forfeitures, actions, etc., to remain funds. in force. 12. Penalty for violation of provisions of 3. Management of Mullanphy bequest. charter. 4. Street opening ordinances repealed— 13. Oath of office. pending cases to be conducted under 14. Records of board of police commis- former laws—city counselor to act sioners to be open to inspection. as land commissioner. 15. City counselor and attorney to furnish 5. Mayor to promulgate charter. legal advice to police commission- 6. Appeal bonds by city—mayor to exe- ers. cute such bonds for the city. 16. Expenses of police force to be paid 7. Execution of city contracts—contracts out of city treasury. to be numbered, filed, ete., in reg- 17. Assembly to fix salaries of officers— ister’s office—attested copies to be increase of salary forbidden during furnished city officers. term. 8. Citizens of St. Louis exempt. from road 18. Limitation of salaries—all fees, etce., work. to be paid into treasury—officers’ 9. Damage suits against the city—per- salaries to be paid monthly. sons and corporations, when liable, 19. Amendments to Charter to be _ sub- to be made co-defendants, and judg- mitted to the people. ments to be first enforcad against 20. Existing city officers continued in of- them. fice until April, 1877. ART. XVI, Sec. 1-6.] CHARTER OF THE CITY OF ST. LOUIS. 453 Section 1. Existing ordinances, contracts, ete., to remain in force until repealed or abrogated.—All Ordinance es in force at the time this Charter and Scheme go into operation, not inconsistent therewith, shal] remain in full force until altered or repealed by the Assembly, and all rights, actions, prosecutions and contracts of the city, not inconsistent therewith, shall continue to be valid as if this Scheme had not been adopted. Under this section only so much of an existing ordinance at the time of the adoption of the Charter is superseded as conflicts with the Charter, the remainder thereof continuing in force: Quinette vs. St. Louis, 76 Mo. 402. As to effect in general of ordinances in conflict with Charter see note intro- ductory to sec. 26 of Art. III of Charter. Sec. 2. Existing recognizances, obligations, forfeitures, ac- tions, ete., to remain in force.—All recognizances, ‘obligations, and all other instruments entered into or executed to the city before this Charter goes into operation, and all fines, taxes, penalties and forfeitures due or owing to the city, and all writs, prosecutions, actions and causes of action, except as herein or in the Scheme otherwise provided, shall continue and re- main unaffected by this Charter going into operation. That suits, forfeitures and proceedings pending at the time of the repeal of an ordinance are not affected by such repeal see Revised Code, secs. 1405, 1406; see also as to effect of repeal, note to Charter, Art. III, section 28. Sec. 3. Management of Mullanphy bequests.—The Assembly shall provide by ordinance for the administration of the Mullanphy bequest by a board of thirteen members to be elected by the Council, of whom not more than five shall reside in any one Congressional District, said Board shall receive no compensation for their service. Mullanphy bequest: For ordinances upon this subject see Rev. Code, Chap. 19, secs. 1654 to 1672 and note at heading of said chapter, discussing the Mullanphy bequest and ordinances, and referring to adjudications touching the same. Sec. 4. Street opening ordinances repealed—pending cases to be conductedjunder former laws—City Counselor to act as Land Commissioner. dinances for the opening of any street,avenue or high- way, upon which proceedings shall not have been commenced at the time this Chater goes into operation, shall be and are hereby repealed. Provided, however the provisions of this Charter shall not be construed to affect any case, pending at the time when said Charter shall become operative, but every such case shall be conducted under the law in force when it was com- menced; and any act necessary to be done by the Land Commissioner of the City of St. Louis, in the execution of any such cases after the seventh day of April, 1877, shall be performed by the City Counselor of said city. That proceedings for street openings begun under the old Charter and con- tinued prior to the time when it was finally ascertained that the Charter had been adopted (March 5, 1877) are validated by the ade facto principle, see note to Charter, Art. VI, sec. 2; also note introductory to sec. 26 of Art. III. Sec.5. TheMayor to promulgate Charter.—The Mayor shall, imme- diately after this Scheme and Charter go into effect, take measures to promulgate the same, by causing them to be printed in pamphlet form, with accurate head notes to each article, and as full an index as practicable. Sec. 6. Appeal bond by City—Mayor to execute such bond for City. City of St. Louis in taking an appeal in any judicial proceedings, 454 CHARTER OF THE CITY OF ST. LOUIS. [ART. XVI, Sec. 7. shall give bond as required by law, but is hereby released from the obliga- tion of law to furnish security therefor. All such bonds shall be executed by the Mayor, and shall be taken in all courts as a full compliance with the law in such cases, and all acts or parts of acts inconsistent with this pro- vision are hereby repealed. See Rev. Code, sec. 1678, as to appeal bond. An appeal in a suit to which 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: Steffen vs. St. Louis, 135 Mo. 44, 48-49; Straub vs. St. Louis, 175 Mo. 413; Northcut vs. Eager, 132 Mo. 265, 273. Sec. 7. Execution of city contracts—contracts to be numbered, filed, etc., in Register’s office—attested copies to be furnished city officers.—All contracts relating to city affairs shall be in writing, signed and executed in the name of the city, by the officer authorized to make the same, after due notice; and in cases not otherwise directed by law or ordi- nance, such shall be made and entered into by the Comptroller, and in no case by the Assembly or any committee thereof. All contracts not made by the Comptroller shall be countersigned by the Comptroller and filed and registered by number, date and contents, in the Register’s office, and at- tested copies furnished to the Comptroller, Auditor, and such other officers as are interested in the performance thereof as required. Contracts: Constitution, Art. IV, sec. 48, provides that the General Assembly has no power to . . . pay nor authorize the payment of any claim against State, county or municipality under any contract made w#thout express authority of law; and all such unauthorized agreements or contracts shall be null and void. State Law: No city, ete., shall make any contract unless within the scope of its powers or expressly authorized by law and upon consideration to be per- formed subsequently; and same _ shall be in writting and dated when made, and subscribed by all parties or agents duly authorized in writing: R. S. 1899, sec. 6759. (An ordinance and written acceptance is sufficient to meet this section: California vs. Telephone Co., 112 Mo. App. 722, 727.) Duplicate copies to be made one to be kept with proper officer, which in case of variance controls: Sec. 6760 (but such filing and execution in duplicate is only to preserve the contract as evidence and is not a condition precedent of its validity: Saleno vs. Neosho, 127 Mo. 627, 688). All contractors for public work to give bond, etc.: Sec. 6761; material men or laborers may sue on the bond: Sec. 6762. (On last point see also Rev. Code, sec. 1989: St. Louis vs. Von Phul, 133 Mo. 567.) By the charter also (by this provision, i.e. sec. 7, Art. 16) all contracts must be in writing, etc. And by Charter, Art. IV, sec. 46, it is made the duty of the Mayor to see that the contracts of the city are enforced; and it is made the duty of all officefs to report all violations to the Mayor; and Art. XVI, sec. 11, makes participation in an unauthorized contract a high misdemeanor, with severe penal- ties. And by ordinance, contracts must bein writing, countersigned by proper officer designated or comptroller, etc., filed with register, etc.: Rey. Code, sec. 2395. (The filing is however not a condition precedent to the validity of the contract: See Saleno vs. Neosho, 127 Mo. 1. c. 6387 e¢ seg.). Contracts to be registered, numbered, etc., and be in custody of register: Rev. Code, sec. 2062. Validity of city contracts and liability of city: Those who deal with the officers of a municipal corporation must ascertain at their peril, that such agents are acting within the scope of their powers; and the city may plead wultra vires and the invalidity of a contract made in violation of law: Cheeney vs. Brookfield, 60 Mo. 538, 54; Mister vs. Kansas City, 18 Mo. App. 217, 227; Verdin vs. St. Louis, 13.5 Movs ce 9S Construction }Com vs-5 GeisStaro (MOntA Dial Camo lo mineatin cmc: Kansas City, 84 Mo. 415; Carroll vs. St. Louis, 4 Mo. App. 191; Pryor vs. Kansas City, 153 Mo. 135, 142, 150, citing numerous cases. The city cannot be held on a quantum merutt 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, 18 Mo. App. 217, approved but distinguished in Pryor vs. Kansas City, 153 Mo. 135. mrt. VL, Sec. 7.] CEA Lhe Of bre Gi iy. CL Len Cle. 455 But, of course, where one is otherwise entitled to lawfully recover against the city (as salary out of the general revenue), the fact that there is not enough money appropriated to pay him, will not defeat a judgment on the claim: 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 before suing: Kansas City Loan Co. vs. Kansas City, 98 S. W. 459 (Sup. Ct., Nov. 21, 1906). 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 where a verbal contract was held sufficient, see McQuade vs. St. Louis, 76 Mo. 46, 48 (but only the title indicates that the suit was against the city; nor is men- tion made of the provisions first above referred to from constitution, statute and charter); See also ‘“‘The Maggie P.,”’ 25 Fed. 202. A verbal contract is absolutely void as to a city: Savage vs. Springfield, 85 Mo. App. 323, 329 (incapable of ratification), citing the constitution; but the point must be raised in the trial court: Lancaster vs. Briggs, 118 Mo. App. 570. All persons dealing with the city must take notice of the charter and ordinance provisions (see note introductory to Charter), and these enter into and form part of the contract, whether expressly so made or not: Pryor vs. Kansas City, 153 Mo. 135, 142, 150; Carroll vs. St. Louis, 4 Mo. App. 191; St. Charles vs. Hack- man, 133 Mo. 1. c. 642; State ex rel. vs. Kent, 98 Mo. App. 281, 286; see also San Antonio vs. Altgelt, 200 U. S. 304, 308; Citizens Bank vs. Owensboro, 173 U. S. 636, 644. Contracts referring to ordinances incorporate the latter in the contract: St. Louis vs. Gas Co., 155 Mo. 1. c. 17, and cases cited. The Municipal Assembly cannot let contracts: see Charter, Art. VI, sec. 27 (public work); Art. IV, sec 29 (supplies); Art. XV (printing). Compensation on a con- tract not authorized (such agreement being void), cannot be provided for by the Municipal Assembly; such action would amount to a prohibited donation of the city’s money: Campbell vs. St. Louis, 71 Mo. 106. The rule of contemporaneous interpretation of contracts largely controlling their effect in case of ambiguity, applies to contracts with the city: 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. The sameequity exists andthe same moral obligation restsSupon the city to pro- tect those whose labor and material is employed in the improvement of its streets under contract with a contractor as rest upon those making private improve- ments; and hence the furnishing of such material or such work, creates such a privity between those furnishing same and the city as will entitle them to the benefits intended to secure them against loss, under a bond expressly so pro- viding, exacted by the city from the contractor doing public improvement work; the city has authority under its charter powers to require such provision: St. Louis vs. Von Phul, 133 Mo. 561, 566 et seq.; Kansas City vs. Surety Co., 196 Mo. l. c. 305; (see also Rev. St. 1899, sec. 6762; Rev. Code, sec. 1989). And the con- tract between the material men and the contractor is independent of the con- tract between the city and the contractor; the fact, therefore, that the contract between the city and the contractor is invalid has no effect upon the contract between the material man and the contractor: Kansas City vs. Surety Co., 196 Mos 1c. 302. So also the city may contract that enough of the contract price be withheld to meet the claims of laborers and material men: St. Louis vs. Lumber Co., 114 Mo. 82. After the contract is executed, the sureties on the contractor’s bond to the city are estopped from claiming that the contract was void: Kansas City vs. Surety Co., 196 Mo. 1. c. 302. But where there is no privity between the city and a third person for whose benefit a contract is made by it, such contract is invalid; hence a private citizen cannot recover for loss by fire, from a water company which had obligated itself to furnish water sufficient to extinguish all fires and be responsible for a failure so to do: Howsman vs. Trenton, 119 Mo. 305. A city cannot contract to do for a compensation that which is a public duty imposed upon it by law; but it may contract to do things of a private nature not inconsistent with its municipal powers (such as raising a sunken boat), and be liable for a breach thereof: The Maggie P., 25 Fed. 202. City officials are disqualified from being directly or indirectly interested in any contract with the city (see Charter Art. IV, sec. 10, including assemblymen: Art. CHARTER OF THE CITY OF ST. LOUIS. [ART XVI, Séerde III, sec. 6); it is made a misdemeanor if they are (R. S. 1899, see. 2346, Charter Art. XVI, sec. 11); and in view of these and the other statutory, charter and constitutional provisions cited at beginning of this note, there is little doubt that such contracts are void: (See note to sec. 10 of Art. IV of Charter). For additional authorities that city contracts not in accordance with law are void, see cases below on ratification, estoppel, ete. Contracts lawfully made by a city are binding on it (Steffen vs. St. Louis, 135 Mo. 44), and the obligations of contracts made by franchise ordinances cannot be impaired by the city; and such impairment will be prevented by the courts, as a matter of law, and as contrary to the constitutions prohibiting such legis- lation: See cases cited in note to sec. 1 of Art. X of the Charter, as to street railway ordinance franchises; and see in general, Vicksburg vs. Waterworks Co., 202 U. S. 453, and cases cited; Walla Walla vs. W. W. W. Co., 172 U. S. I. But a mere repudiation ef a contract by a city, in the absence of legislation, amounts to a mere breach of contract, and does not amount to the impairment of its obligation within the federal constitution: Dawson vs. Columbia Trust (Coy AHA BE Sy ariel A city may be held to have received money to the use of another; the obliga- tion to do justice rests upon all persons, natural and artificial, and if a munici- pality obtains the money or property of others without authority, the law, in- dependent of any statute, will compel restitution or compensation: Wood vs. KansasiOity sl6ZeMon 3037) scious. A clause in a contract between the city and a contractor, leaving disputes as to the amount of the work to be paid for and questions as to the execution of the contract work, to be determined by the city’s commissioner is valid and his de- cision is final in the absence of fraud, partiality or misapprehension of the facts: McCormick vs. St. Louis, 166 Mo. 315 (see also dissenting opinion and cases cited); but such provision does not give the commissioner jurisdiction to deter- mine the Jegal question whether the contractor has incurred a penalty provided for in the contract: King, -etc.,;Mntfe. Co. vs) St) Louis, 43° Hedy (CG) i6sCap- peal dismissed: 149 U. S. 769). Ratification: A city may ratify the unauthorized acts and contracts of its of- ficers when within the scope of the corporate powers. But the ratification must be by the same authority that could have done the act lawfully originally: Dougherty vs. Excelsior Springs, 110 Mo. App. 623, 627, 629; Unionville vs. Mar- tin, 95 Mo. App. 28; State ex rel. vs. Milling Co., 156 Mo. 620, 634; Clay vs. Mexico, 92 Mo. App. 611; Ruggles vs. Collier, 43 Mo. 353, 367; Kolkmeyer vs. Jefferson City, 75 Mo. App. 678. A sewer not legally constructed by ordinance may be accepted and used by a city, and such subsequent ratification estops the city, but not an abutting owner to dispute a tax-bill: Akers vs. Kolkmeyer, 97 Mo. App. 520; see further, St. Louis vs. Clemens, 43 Mo. 395. Nor can a void contract be ratified: Savage vs. Springfield, 85 Mo. App. 323 329. The doctrine of estoppel applies to a municipal corporation when it enters into a contract which it has authority to make, with the same force as that doctrine applies to individuals: Un. Dep. Co. vs. St. Louis, 76 Mo. 393, 396; Unionville vs. Martin, 95 Mo. :App. 28, 38; see also National Subway Co. vs. St. Louis, 169 Mo. 319 (refusing to allow the city to charge as per contract for the use of its streets during the period it itself prevented such use); The Maggie P., 25 Fed. (C. C. Dist-.iMo;))202..2065 "See alsov Kine eter Cov vs, Sl COUlS atom elm (Co NEO e 768. But estoppel cannot be applied against the city to validate a contract the city had no authority to make: Unionville vs. Martin, 95 Mo. App. 28, 38; Wheeler vs. Poplar Bluff, 149 Mo. 36. Although it may be invoked against one dealing with the city who has received the benefit of an unauthorized contract which is not prohibited by charter or law: Unionville vs. Martin, 95 Mo. App. 28, 38; Kansas City vs. Surety Co., 196 Mo. 281, 301; St. Louis vs. Davidson, 102 Mo. 149; Henderson vs, Koenig, 192 Mo. 690; Cali- fornia vs. Telephone Co., 112 Mo. App. 722. But see Wood vs. Kansas City, 162 Mo. 312, holding that one cannot be estopped by a void ordinance from claiming ART. XVI, Sec. 8-9.] CHARTER OF THE CITY OF ST. LOUIS. 457 fees received as notary public, though obtaining his employment by such ordi- nance which required him to pay said fees to the city, his salary to be in full thereof, and such fees being earned in connection with city business and in city hours. A city cannot be estopped from claiming property to be a highway because it had been included in a cause seeking to condemn private land for public use: Moses vs. St. L. Sec. Dock Co., 84 Mo. 1. c. 246-247. Tt was held that where the City of Joplin entered into a contract with a water company to supply it with water, it cannot accept the benefits of the water sup- plied and defeat a recovery because the amount supplied was not as much as agreed: if it intends to escape payment altogether it should 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 intended to meet the default claimed, it waives the right that the company can recover only on the quantum meruit: Waterworks Co. vs. Joplin, 177 Mo. 496. Assignability of contraet: The rule that a contract is assignable applies against a municipal corporation, unless there be some statute or ordinance forbidding: Gordon vs. Jefferson City, 111 Mo. App. 23, 27; St. Louis vs. Sullivan, 42 Mo. 69, 73; Kansas City Loan Co. vs. K. C., 200 Mo. 159. 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 (200 Mo. 159), but the case was decided on the point that 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 the city, as not preventing recovery by the assignee of the claim, in the same manner as the assignor could have recovered had no warrant been issued. : Deeds by municipal officers, acting in pursuance of ordinances or resolutions of the law-making power need not recite such authority, nor show that the con- tingency has happened which authorized the sale; the rule applicable to trustees does not apply to a city: Jamison vs. Fopiarea, 43 Mo. 565. Where the city has charter power to dispose of lands, its deed therefor is pre- sumed to be executed in pursuance of that power, and no special authority by ordinance or resolution need be shown: Chouquette vs. Barada, 33 Mo. 249; a deed by a city, regular on its face, under the corporate seal, is prima facie evi- dence that all the prerequisites authorizing the sale have been complied with: Wells vs. Pressy, 105 Mo. 164, 179, and cases cited. Sec. 8. Citizens of St. Louis exempt from road work.—The citi- zens of the City of St. Louis are hereby exempt from working on the roads or public highways of the city, any law to the contrary notwithstanding. Sec. 9. Damage suits against the City—Persons and Corpora- tions,when liable to be made co-defendants, and judgments to be first enforced against them.—Whenever the city shall be made liable to an action for damages, by reason of the unauthorized or wrongful acts, or of the negligence, carelessness or unskillfulness of any person or corporation, and such person or corporation shall also be liable to an action on the Same account by the party so injured, the injured party, if he sue the city for damages suffered by him, shall also join such other person or persons or corporation so liable, if residing in the State, so that they can be served with process, as a defendant or defendants in his suit, and no judgment Shall be rendered against the city unless judgment is rendered against such other person or corporation so liable to be sued as aforesaid; and if any action be brought against the city alone, and it is made to appear that any person or corporation ought to be joined as a defendant in the suit, accord- ing tu the provisions of this section, the plaintiff shall be non-suited; but no person shall be liable under this act to be sued jointly with the city, who would not be liable to be sued separately, irrespective of its provisions. When a judgment shall be obtained against the city and the other party liable as aforesaid, execution shall issue against all the defendants in the ordinary form, but shall first be enforced and collected of the other defend- 458 CHARTER OF THE CITY OF ST. LOUIS. [ART. XVI, Sec. 10-11. ants, and shall not be collected of the city unless the other defendants are so insolvent that the same can not be made out of them, and in that case the city shall pay only so much of the judgment as can not be made out of the other defendants. Seetion void: This section of the charter was held to be void as inconsistent with the state law in Badgeley vs. St. Louis, 149 Mo. 122. In lieu of it a statute was enacted authorizing the city to compel a plaintiff to bring in as co-defendant with the city one who is liable with the city on account of the same cause of action: Laws 1901, p. 78 (set out herein in ‘“‘Laws Specially Applicable to St. Louis,” as sec. 227), cited in Baker vs. St. Louis, 189 Mo. 375. Liability of city in damage suits for defective streets and sewers, see note to clause 2 of section 26 of Art. III of the Charter. As to suits jointly against city and other parties, see (with other cases in that note cited) also Perrigo vs. St. Louis, 185 Mo. 274; Gerst vs. St. Louis, 185 Mo. 191; Hesselbach vs. St. Louis, 179 Mo. 505; Reedy vs. St. Louis, 161 Mo. 523; Loth vs. Columbia Theatre, 94 So. West. 847 (Sup. Ct., May 22, 1906); Hranke vs. St. Louis, 110 Mo. 516; Carvin vs: St Louis, 151 Mo. 334; Grogan vs. Co. 87 Mo. 321; Donoho vs. Vulcan Iron Works, 75 Mo. 401; Schweickardt’vs. St. Louis, 2 Mo. App. 571; Waltemeyer vs. K. C., 71 Mo. App. 354; Rice vs. St. Louis, 165 Mo. 636. Sec. 10. Regulation of public processions.—The Municipal As- sembly shall provide by ordinance for the regulation of public processions so as to prevent interference with public traffic, and to promote the good order of the city. Ordinances as to processions and parades: Rey. Code, sec. 1540; processions of carriages prohibited in parks. J. sec. 2018. Sec. 11. Penalty for voting in favor of or allowing unauthor- ized claims—penalty for the misapplication of public funds.-—Any member or officer of either house of the Assembly, and any officer of the city, and any member or officer of any board organized under or inconnection with the city government pursuant to any law of this State, who shall in his offi- cial capaeity, or under color of his office, knowingly or willfully, or cor- ruptly vote for, assent to, or report in favor of, or allow or certify for al- lowance, any claim or demand against the city or any department thereof, or against any such board as above mentioned, which claim or demand shall be on account or under color of any contract or agreement not authorized by or in pursuance of the provisions of this Charter, or any claim or demand against the city or any department thereof, or any such board as afore- said, which claim or demand, or any part thereof, shall be for work not in fact performed for and by authority of said city or such board, or for sup- plies for materials not actually furnished thereto, pursuant to law or ordi- nance, and every such member or officer as aforesaid, who shall knowingly vote for, assent to, assist or otherwise permit or aid in the disbursement or disposition of any money or property belonging to the city or any depart- ment thereof, or held by or in charge of any such board as aforesaid, to any other than the specific use or purpose for which such money or property shall be, or shall have been received or appropriated, 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 imprisonment in the city jail tor not less than six months, and by fine of not less than five hundred, nor more than five thousand dollars. See references in note to Art. IV, sec. 10 and Art. XVI, sec. 7, as to prohibitions and penalties for unauthorized contracts, ete. For liability of officers see note to sec. 43 of Art. IV. ART. XVI, Sec. 12-17.] CHARTER OF THE CITY OF ST. LOUIS. 459 Sec. 12. Penaltyfor violation of provisions of Charter.—-Any per- son who shall violate any of the provisions of this Charter, for the violation of which no punishment has been provided therein, shall be guilty of a mis- demeanor, and shall be punished by fine not exceding five hundred dollars, or by punishment (imprisonment) in the county jail not exceeding one year. Sec. 138. Oath of office.—Each member of the Assembly and officer of the city, or of any board thereunder, shall, before entering upon the duties of his office, take and subscribe an oath or affirmation*that he will support the Constitution of the United States and of this State, and that he is not subject to any of the disqualifications enumerated in this Charter, and that he will demean himself faithfully in office. Oath: See oath elsewhere required in Charter: Art. IV, sec. 43. See note thereto referring to ordinance and authority. See. 14. Records of Board of Police Commissioners to be open to inspection.—The journal and books of the Board of Police Commission- ers, required by law to be kept by them, and all documents relating to their office, shall always be open to the inspection of the Comptroller and Munici- pal Assembly of the City of St. Louis, and of any committee appointed by it for that purpose. Sec. 15. CityCounselor and Attorney to furnish legal advice to Police Commissioners.—-The City Counselor and Attorney shall furnish the Board of Police Commissioners with the legal advice and services desired by them, and the said Board shall not employ any other at the city’s expense. Sec. 16. Expenses of Police Force to be paid out of city treas- ury.-—All claims against the Board of Police Commissioners, including salaries, shall be paid out of the city treasury in the same manner as other claims against the city are paid; and said claims shall be certified to by the Presi- dent and Secretary of said Board, and audited as provided in this Charter for claims against the city; and all acts or parts of acts inconsistent with or in conflict with this section are hereby repealed. Salaries and expenses of police: As to the payment of the police under the pres- ent Metropolitan Police Law, see State ex rel. vs. Mason, 153 Mo. 23; also State ex rel. vs. St. Louis, 174 Mo. 125, 1. c. 1381, and State ex rel. vs. Smith, 89 Mo. 408. See full discussion and notes to that act, State Laws “Specially Applicable to St. Louis,’ ante, Chap. 24, secs. 427-459; see also Chart. III, sec. 26, clause 2, and end of note thereto. Sec. 17. Assembly to fix salaries of officers—increase of sal- ary forbidden during term.--The Municipal Assembly shall fix the salaries of all elective or appointive officers 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 offices or departments, and may increase or diminish the same by ordinance, except in cases where otherwise provided in this Charter: Provided, that no such increase shall be made during the term for which any such officer or assistant or clerk may be elected or appointed. Salaries: Limitation on salaries: See next section. By Charter Art. III, sec. 26, clause 8, it is provided that the salary of no officer shall be changed during his term, and that no officer receiving a salary shall receive any fees or other compensation: See note to that provision. The constitution (Art. XIV, sec. 8) provides that “thecompensation or fees of no state, county or municipal officer shall be increased during his term of office.” 460 CHARTER OF THE CITY OF ST.LOUIS. [ART XVi, SeeaT: In State ex rel. vs. Johnson, 123 Mo. 43, 48, it is held that this does not apply to any official whose term of office is not definitely fixed, and who holds at the pleasure of the appointing power. But both constitutional and charter provision are held to apply to that part of an incumbent’s term during which he holds over after the regular term, and before his successor is qualified: State ex rel. vs. Smith, 87 Mo. 158. The right of a public officer to the salary of his office is a right created by law, is an incident to the office, not the creature of contract, nor dependent upon the fact or rendition or value of services actually rendered: State ex rel. vs. Walbridge, 153 Mo. 194, 208, citing numerous cases; Bates vs. St. Louis, 153 Mo. 18, and cases cited; Cavanee vs. Milan, 99 Mo. App. 672. See also Sanderson vs. Pike Cos e195" Mow lssC...6.05% Not being fixed by contract, express or implied, a public officer is entitled to compensation, if at all, only where such right is created by law as an incident to the office; no implied liability to pay will arise: Givens vs. Daviess Co., 107 Mo. 603, 608-609, and cases cited; so see Garnier vs. St. Louis, 37 Mo. 554 (holding that there is no implied liability of the city); Sanderson vs. Pike Co., 195 Mo. Lc 05: If a city official is otherwise entitled to recover, the fact that there is not enough money appropriated to pay him will not defeat his claim: Magner vs. St. Louis, 179 Mo. 495, 501. Absence from the city without leave suspends salary: Rev. Code, sec. 1688. Where an attempted removal of an officer is unlawful, he is still the in- cumbent, and he will not be prevented from recovering his salary, in a mandamus proceeding against the proper officials: State ex rel. Gieselman vs. Hawes, 177 Mo. 387; State ex rel. vs. Johnson, 123 Mo. 43; State ex rel. vs. Walbridge, 153 Mo. 194. See also U. S. vs. Wickersham, 201 U. 5S. a0 Oso ON. Salary during suspension by Mayor, see Rev. Code, sec. 1705. An officer legally suspended is not entitled to the salary during such period whether finally re- moved or not: Blackwell vs. Thayer, 101 Mo. App. 661; Westberg vs. Kansas City, 64 Mo. 493; Howard vs. St. Louis, 88 Mo. 656; Lewis vs. St. Louis, 12 Mo. App. 570 (memo. opin.). Contra: State ex rel. vs. Carr, 3 Mo. App. 6 (allowing recov- ery for the period of suspension, under ordinance now R. C. sec. 1705). As to salaries of police see notes to Metropolitan Police Act (set out State Laws Specially Applicable to St. Louis, Chap. 24, secs. 427-459). Salary attaches to the legal title and an officer who is de facto such but not de jure cannot recover the salary attached to the office: Sheridan vs. St. Louis, 1838 Mo. 25 (House of Delegates member). Nor can an officer de jure recover from the city for salary paid in good faith to the officer de facto while in office: State ex rel. vs. Babcock, 106 Mo. App. 72. He who holds the commission is entitled to the salary until his authority is properly cancelled: State ex rel. vs. Clarke, 52 Mo. 508. An officer has no vested right to his office, and abolishing the office cuts off the right to the salary attached to it: Magner vs. St. Louis, 179 Mo. 495; Primm vs. Carondelet 22 Mo. 22. A de facto officer is entitled to be paid the necessary expense of earning the fees in derogation of the rightful officer to whom they belong and a fortior7 the city should be allowed expenses and clerk hire paid for it relying in good faith upon the validity of a statute and ordinance authorizing that course though such laws be subsequently declared void: Henderson vs. Koenig, 192 Mo. 690. By accepting the benefits of compensation under an unconstitutional statute the officer waives its invalidity as to himself so far as recovering com- pensation: /6.; State ex rel. vs. Messerly, 198 Mo. 351, 357. An ordinance is valid, providing against assignability of salary or wages of city employes: State ex rel. vs. Kent, 98 Mo. App. 281. Under general principles of law a partial assignment of salary not yet due is void: Beal vs. McVicker, 8 Mo. App. 202. ART. XVI, Sec. 18-20.] CHARTER OF THE CITY OF ST. LOUIS. 461 A contract by a public officer for the assignment or sale and collection of his future salary is void as against public policy: State vs. Williamson, 118 Mo. 146. An ordinance providing that an employe of a city shall pay fees earned by him as a notary public in connection with the city’s business shall be paid into the city treasury and that his salary shall be in full of such services, is void, and the notary’s fees may be recovered by him from the city which had received them: Wood vs. Kansas City, 162 Mo. 303. But where the city has paid a city official his salary as understood to be due by it, and the same has been received by him as such, over a long period of time, he is thereafter estopped from claiming a greater sum: Galbreath vs. Moberly, 80 Mo. 484. Sec. 18. Limitation of salaries, fees, ete., to be paid into treasury—salaries to be paid monthly.—The annual salary of no officer of the city shall exceed the sum of five thousand dollars, nor of any assistant or deputy exceed the sum of twenty-five hundred dollars, nor of any clerk in the sum of eighteen hundred dollars; and all fees, perquisites and emoluments of such officers shall be paid over monthly to the Treasurer, and all such sal- aries shall be paid monthly, as may be provided by ordinance. See note to preceding section. Sec. 19. Amendments to Charter to be submitted to people. —When amendments to this Charter are proposed, they shall be submitted separately to a vote of the people. The method of amendment is pointed out by the Constitution: Art. IX, sec. 21. This section of the Constitution was amended in 1902. An amendment now re- quires a three-fifths vote of the qualified voters voting for or against each of the amendments submitted. Formerly it required three-fifths of all votes cast at the same election: State ex rel. vs. Mayor, 73 Mo. 435; State vs. Winkel- meier, 35 Mo. 108. It was at first held that the Charter of St. Louis could be amended only in the method pointed out in the Charter and not indirectly by the General Assembly: Murnane vs. St. Louis, 123 Mo. 479; St. Louis vs. Dorr, 145 Mo. 466, 480: and such of course must be the case where the Charter is to be technically and directly amended. But it is now held that the legislature has an unquestioned right to enact such laws for the city as it thinks necessary, and in so far as in conflict with the Charter the latter is thereby superseded: See cases cited in the first note at beginning of this Charter under “General Considerations Respecting the Charter.” A city adopting under the constitution a freeholders’ Charter (in thiz case Kansas City) has the power not only to amend it from time to time but to frame,and adopt a new Charter: Morrow vs. Kansas City, 186 Mo. 675. Sec. 20. Existing city officers continued in office until April, 1877.— All the present city officers, except where otherwise provided in this Charter and in the Scheme, are hereby continued in office until the election provided herein to be held in April, 1877, and until their successors are qualified. INDEX) TO SG BEANIGneixe INDEX TO CHARTER. Index to Scheme, pp. 279-286. Index to State Laws for St. Louis, pp. 225-256. finaex to Ordinances at end of Rev. Code. INDEX TO CHARTER. ABSTRACTS— of corrected assessments to be sent to mayor, when........ SveLOgseerOT warded tO stale Auditors... .s.c.. 6s sau cee mes ve of proceedings of assembly, to be printed.................. ACCOUNTS— See Auditor. Pr rOUm One Kenc DY COUDLG CTIUCY a © ashe eis. tleielate ‘ole les ein een mitre to examine, adjust and audit... .:......- oe. cena e must be certified to by proper officer before auditing........ Maman Comptroller may allow... 5785 «66 sec bhava nue in case of their disagreement, either oneand mayor may allow all audited accounts to be registered in comptroller’s office to be filed and preserved in auditor’s office................ ACTIONS— See Special Tax Bills; Tazes. NMEA ey Vane IN IT eA (LEd CTC) i. oo op eouclc o sw 6 de dai st alee w ele Bmvecounseior Lo-prosecute and defend: ...)..5...0...6. 8605 Merve Olitrone ct City GCOMUTACtS: .-s. ec. . 65k es we a lk Pe etd carts s BOE MBE CUIUT Cnty) TPATSNAL) Mat chee clare sw oe sp ekeienen*ad pe veo 0% causes of, to be unaffected by the Charter, when.......... CURT MrE BLOT CAS Ck, eine ola i's cis) alee & Mints &6 aoa ecce me eer ercherer rer (es De eT OU ia LL) a see care ess cc vette foe Sa ate [ANNOTATIONS. ] injunctions—See Injunctions. mandamus—See Mandamus. against city for damages, and liability of city—vSee Damages. by private persons based on violation of ordinances...... by city paying damages, torecover from primary wrongdoer on special tax-bills—See Special Tazx-Bills. against city by contractor, where city prevents work...... Camvonori, contractor for public Work... .d.5.6 -ewecenns on contractors’ bonds by material men and laborers...... ADVERSE POSSESSION— [ ANNOTATIONS. ] title to public or city property cannot be lost by......... Pra VEE: ACuniITEd: D¥eCILY UY ..5 .. «04 <> clon ae cae a 8 yar 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)............ Berane ee MUTE: LFLLL SESE) o's go ow Sock av orn we doh ocd) aboupi eves, Wal oreo MUOPE wi'aueie power to tax, license and regulate (clause 5)............... SE EEE eee E A IBTES, Fos a eoac rs nix oe ee Gob ee Oe ines. ae SUMATRA TICE ALY ) 0. ses, arure sen wee eo ee oe ne eee “ie [ ANNOTATIONS. ] power in charter to require owners to move buildings con- SE METREMTISV ETS VOL Ci vii ie ¢ cecil Shue Deus Ne Roca s ie Sale, A dig 2 PAGE. 375 375 451 304 304 371 371 atl d71 371 294 308 364 414 453 457 457 320 326 420 424 455 384 384 330 330 330 330 330 338 III III III III III 463 26 26 26 26 26 464 INDEX TO CHARTER. Index to Scheme, pp. 279-286. Index to Ordinances at end of Rev. Code. | index to State Laws for St. Louis, pp. 225-256. AIR FLUES— PAGE. ABT: SEG; may order and regulate building of (clause 12)............ oo III 26 ALE— may regulate the inspection of (clause 7)................. 333 III 26 ‘ALLEYS— opening; widening, and altering’ same. orca eee 385 Vii 2 condemnation ,ofeprivatec pronerty. 106. 45 ee eee 385 VI 2 City Counselor to: conduct proceedines...7..45) ee 385 VI 2 damages, how ASSessedticicc cs inte re et ae a ee 385 VI Z benefits ‘tO bé. paid a OVa WHOM. cea. eee ca ee ee 389 VI 5 ordinance, for Am provemente Obie... «eet as eee 395 VI 14 action of Board of Public Improvements on alley improve- MON (See Peirce aia charg vue a eaters © 6 ene eee One ees ies 395 VI 14 special taxationsilor improvement: Ole 2.5 eee ee oe 395 VI 14 must be established and dedicated before improvements are Ordered’ os Seek ackhe oo ele ste ee ee 401 VI 15 repairing, Cleaning 6tegs. .. sie te ea eer ee ee ei Me - apportionment. of cost: of improvements... «94. ae ee 404 VI 18 [ ANNOTATIONS. ] and streets—-See Streets, Alleys, etc. What! AVE), a ise ela nSe 3-50 & oreeeokeeds eee es ee eee ee ee ere O82 distinction between alleys and streets................... 382 nature of proceedings to open, widen, etc................- 381 ClEVATIONS LOL iss 2. ooo ake aie one te anes levied Uletee teas Cen dee, ce ee iiereeae 381 GaMmares ins Proceed INES vtO,, Open vee... vac a uae tee eee oes 390 special: taxation for 1M provenret ae. lone ak eee creer 405 AMENDMENTS OF BILLS— changing ‘original -purpose=forulddeny-) on cae ea eee ee 310 1 | is to ‘be’ incorporatedy Dy) GhZrossmeniy 2. re oe er eee atl IIf 15 form wl Fe ee See Re Sead ee Oy ee anare olZ LTT 19 AMENDMENTS OF CHARTER— to be. submitted: separately to the people...) 124s. ae ee 461 XVI 19 [ANNOTATIONS. ] how may be“ehected nin woe eee ee Be ee ee eee ee 461 by inconsistent statutes. aac os aie eee et ee ee 461 AMUSEMENTS— power to tax, license, regulate or suppress (clause 5)...... 330 Tit 26 power to restrain or prevent dangerous amusements CGlanse (By 7 sii rea etch cach ee ticles Or ate aie ae RR On 330 III 26 ANIMALS— . may prevent driving through city (clause 6). ......-..-) Bo2 Ill 26 power to prohibit the running at large of (clause 9)....... mo III 26 APPEALS— respecting =assessmentof property. ae te ree eee ee 374 V 24 in judicial proceedings: Dy City Ue See es ee ee 453 XVI 6 mayor to execute: bonds for City co oe ee i eres 454 XVI 6 city not: required :tomurnish S€curity.jo..a. 2s eee ee 454 XVI 6 [ANNOTATIONS. ] from assessments of property, decisions.................. 374 from: condemnations proceed inesii72 7, 2 oe ee eee ee 393 in suits to which city is a party, go to Supreme Court.... 454 ™ INDEX TO CHARTER. Index to Scheme, pp. 279-286. Index to State Laws for St. Louis, pp. 225-256 Index to Ordinances at end of Rev. Code. APPOINTMENTS— See Mayor; Offices and Officers. of officers, assembly may provide for (clause 8) One) Ce) eee ee eee OFFICERS APPOINTED BY MAyorR UNDER CHARTER PROVISIONS— IE CLOT erat Ge a hae oe eee © nya cle ee Superintendent House of Refuge......... Superintendent Work House............. Souimissioner of Supplics:.......c-sc08. Assessor and Collector of Water Rates... Woe Sie oe Ae) ae a. 6 (eee) a Od, © CLO UG vee Sik. e Se Bw ne eee Cee eke aw) ee ela Cw i 2) owe) eee 6 ae see Superintendent of Fire and Police Telegraph.............. ESN, halen ea oats ats bce ela las o's CTE I UIGCICES . oss spe astg bk we cee ws NEE CUTIE UO ites, Mush tieiake tg PR -w as Oe Fol, & 6a w « SS SS etre wm ae 6S. U Waeee ls kh Sree Rh ee VLey ee MR ere we, wt 6s. mae (5) Commissioners on Charitable Institutions.............. SPL AISLYACE MN SSCSSOPS os so lcs ce ce es pe eOOTIIINISSIONGY: ©. ae ce als e-toc wv a es Seema raKTIISITI TEE LOTIONS vnc « So cee sted ed oa we mtr OUIIMISSIONGT 0). sis cn ce cos he hws Harbor and Wharf Commissioner ........ Pa CITINUITESIOLLOL © oa sie bo oe pesca ses te Gas Commissioner, when......... ASS Pan ., Mme iiieVACANCieCs,- WHEN! so. ou Soe oe Suet Ol fire WDepartment. .. .o.6.. ete es PLE CsOTOTISSIONCL» cece s wie a wea osteo 08 (2) Members of Board of Health......... Superintendent of City Hospital......... Superintendent of Female Hospital....... Superintendent of Insane Asylum......... Superintendent of Quarantine............ [For ENUMERATION OF OFFICERS APPOINTED PROVISIONS OF ORDINANCES—See Index under “Mayor.” | Oss be wis es 6 Ce em O eo 6) 0 i as BTS 6 Ww @) 8) 68 6 2 SBS aed AS Oe OR Da a Pat de mC PN ee Cura We CCC tal ee a met WET) Tea) SCORY at gC eat ltr te Pat sei CS £68) CORO Srey © sles ere We © 0" ew) SO eB 0 Odie a ob. 6 oc SYS eS) os) fe ano. (h Oe: Ae e. © ole 6 sth, 6) 6! 0118) #0) 6) o <. a © CLs A Ce A te, OO Oe ela ete ee wis he 6 te <0, 0 sie e © 6) wt ei 68S oe alleles) aloe). oF & bi Ne ete, a eS SPel ia Ue Lense) 6) 6 im) Bier & ale. may weerre! “e wile ele @ fel a's) We BY Mayor UNDER to Revised Code [For OFFICERS APPOINTED By MAyYoR UNDER STATUTES—See Index to State Laws for St. Louis, under [ANNOTATIONS. ] “Mayor.” | not void, ordinance requiring qualifications greater than UL Sig PG See eae om APPROPRIATIONS— powers of assembly to make (clause 1)... DUE ON DTOCCCUE: . . . 6 6.<.. m a.vo s » vite YON for charitable purposes forbidden ........ to be in conformity with constitution..... limitations of appropriations............ gre, va tera away ever e eC <) ape ¢ a? OC eee ee ee ee WSL 6550. Ble ws 6. © ea, ot Oo Ae © tee Gs Be eee, 6 8 le ters 8 ee Sorc eos te. 6 Re OP yee Sew o) WAS 6 eee elare lee © 4.8 6. © ole Jeh's 6 ea ere dae) a an pe) a ee payments on, not to exceed unexpended balance............ ordinances involving expenditures to be indorsed by comp- RUS OR Lc 19 Wh eva i a A oe vet aie ory. eta aie of money, can only be by ordinance....... Oo BS elec 6 eo 6 w 018 ae 6168 OS cer OFe eA WL 6 16l's. 6 © 1) w to pay damages in condemnation proceedings............... a TER LE A: ge a a oe ar ors RETIN Res Gy le eww tas ae en ee oe Un et ae SO Ree) D0) el ae oF SG e See (ees EC OE Be Ss ere for improvement and maintenance of parks................ annual, for payment of bonds and interest PAGE. 348 348 349 320 32] 343 370 370 370 370 o71 093 408 423 431 450 ART. III IV IV IV IV IV IV XII XIT XIT UE XII XII 465 SEC, bo oO Oot OT ON DD eH Rw OO OT RE OW DD Wt OC WW OTN OD ND DS DO DS DO DS bo 466 INDEX TO CHARTER. Index to Scheme, pp. 279-286. Index to Ordinances at end of Rev. Code. Index to State Laws for St. Louis, pp. 225-256. [ ANNOTATIONS: ] for public work must be specific, etc., applies to what... contracts in sexGeSS7vOLAeiey cee ar ee ee eee ARCHITECTS— [ANNOTATIONS. ] power. togicense 2" -s.. 8 Se eee AREA RULE— in special taxation, when [ ANNOTATIONS. ] validity of, upheld 6 8) Ae 8) Oe @) 6 a oe a) ee a ee ee. 6) 6 Sy, Le) .@, of ca et weer (6h ote) Sane ARTISTS— power to tax, license and regulate (clause 5) ew, el By a) te) Le ce ene 8.) hem ASHES— power to direct the safe deposit of (clause 12) ASSEMBLY— See Council; House of Delegates; Municipal Assembly. ASSEMBLAGE— disorderly, may be restrained and prevented (clause 9).. ASSESSMENT OF PROPERTY— See Board of Assessors; Board of Equalization; President of Board of Assessors. powers as to for state purposes same as St. Louis County Court (Glause’ 13) 20 er Goss cc ee ee ee to be in accordance with general state laws..... HR Speer aac al PEA to be made ‘by. board “oltassessors. . eee ee re municipal assembly to establish assessment districts........ public notice to be given of completion of Same............ duty of recorder of deeds in reference to conveyances...... changes in ownership of real estate to be noetd on assess- ment. plats ee Sa ee a, ere ee ie ee ee eee ee expenses ofassessment, how paid’. iavvs ae. 2. eee ee correction of; by board ‘OL equalization... 2.2 ee ee assessment books when corrected to be copied.............. abstract of same sto:be-madete: 2gonce eee ee ee ee copy.of abstract: to*besent, toi mayor, wien. scree. tee eee. copy. of .-abstract::to, be sent«to_ statesauditor,.... 4404 state, school and city tax-bills, how prepared............... tax-bills and assessment books to be delivered to comp- Croller rics aie wee ow ee Ae ce eee a a ee comptroller to stamp bills and deliver to collector.......... form: of receipt: to. be taken irom collecitore.. <7. ..5 receipt for state taxes to be sent to state auditor.......... ordinance fixing percentage of taxes required annually.... comptroller smayrcorrect; manifest. errorseil.. es oe of “school: taxes hows made =.) 2440 eee eee [ANNOTATIONS. ] effect: of AaSsessMent icc oi5. 5 ccs en ete eee ie ee ee assessment return cannot be raised without notice...... ApDeal« FLOM aves lake osha ocean oe a ete Ree oe Oe ee ene valid; essential to specialstaxaplllsa. 2 eee ASSESSMENTS FOR LOCAL IMPROVEMENTS— See Special Taxation; Special Tax Bills. C0. 8 ee) ea 6 (ee Sip pore) wow 6) Ore er 66) a eee ees se ART. VI ava VI VI VI III III ELT dddddiq cis cep Ss adage a et ae es Pet CE TTT DATS OF “DOAIG pie vials nae sorte oe i a) Fake che ialca eR et ETE CCE L118 oe oN 5 asian dca 2 05 v) w esoch Sees ak ok aa acetate [ANNOTATIONS. ] appeals to, necessary to correct assessment.............. nature of proceedings and jurisdiction................... romiewearsactions- Of, by: Cerciorariy yas oi tn sue few eee eee BOARD OF HEALTH— See Health Department. may declare use of water from water-works necessary, when INNATE SNS ACL Rees Fre rae son on- se dard, ORI ee ee eke boat wie el 2 health commissioner to be a member oOf.............0ecee0. PAGE. 422 330 330 444 374 374 374 o74 374 O74 374 374 374 374 374 374 374 374 374 428 443 443 ART. III Sdddsddddddd< dddddddddd 0. ec eee ene eee ee ee [ ANNOTATIONS. ] are: state NOU CITY i ei Le RU Ee AS ees Be Re ies ee renee ordinances for improvement to be sent to assembly by.. PAGE. 4435 443 443 443 444 444 444 444 445 447 447 443 443 445 459 459 459 459 459 362 459 ART. XII XII XII XII XII XII XII XII XII DG EI XII XVI XVI XVI XVI XVI IV IV IV IV IV IV IV IV IV IV IV IV VI VI IV IV IV IV IV VI VI VI VI bv E VI DM = COW OOD Db hh. 14 14 14 15 15 16 16 v 14 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. day for public meeting to be designated to consider im- Bre TOUGLLGR. oS balers 6 kata 2 ee eee ee oe eee notice, contents and time of publication............... remonstrance against improvement, time of filing....... BOLE DOME COTO ws cos ee Oe ee ae majority vote of board sufficient in absence of remon- ogee he bs oe sae NE aan SRE Dod eee Mace. Anny Ba We Need Husrurites andekeen: I sTeDail: ork Awe oo Lee ere ee Spertia macau LOY 1m provements, a. ss eee retiise mreocOnusurucuon and ‘‘repaving’ 2-64.20... ¢ partial improvements by reconstruction and repaving... contracts torsimprovement of: sidewalks, : 2 i42%0 22... Culver ange parlial eradine of streetsee. 1... 2 te oe. special taxation for improvement of alleys............. Bre OLCII GUL sc srs SR Coals Lat a os Seed BRN Ok ee ee recuipitesoL ii provement, ordinance’. | 3..45.u woe le may specify term of years for which work shall be main- Bek SIEGES ear OEE ee Ps «Soa tgces nee en ee streets,-etc., to be established or dedicated prior to im- PP a VTC Rr eee Pied creer ss ois tel alate Voces Sores ee ree ee eee shall recommend ordinances for repairing and cleaning of BeeCeLseauu aitsnublic- WOrk.. 72 on. cae eee sewer, public, district, joint district and private, defined. SCT Y One GET hy Ca a RS pte a eR RE arcane ge Ale a Pe a Breer aL CEP ENE ogc adc hes Saow ye el wee eos weak De beers See president of, to make out all special tax-bills.......... emergency work and repairs requiring prompt attention. shall submit to assembly estimates of cost of work...... ete VOreine 21 OY. W108 ids tose, 8 eta eel ea Oe ca ele ak ee oe shall award contract to lowest responsible bidder...... Securicy On CONLTACCOIS, DON ..y. 2%. 6-<.¢-« ee St ae ate Mmavesnepend. work on-contracts, when: ......<.. o....> special provision to be embraced in contract............ shall examine complaints of citizens against contractors. iow eee ANC FODOnt. Ol) “WOOP. as ccdecue en Wacker wiv neleree cost of examination to be borne by contractor, when..... mares respecting street sprinkling ....7:.4; sees ree ans we ches ordinance for sale or lease of public parks to be recom- TCE) CCT Met PR ns ena 5 Jo ei le cde aad Mas cite Mae Cee tate he president of, shall ascertain cost of abatement of nuisances Ponteacie torabatement. of nuisances... ...45.3%. et bie cba ees [ANNOTATIONS. ] Eee ESRC CO 1GL, VOLTS: At, bo.rae be, «oats. wsiten ae med een eet: record of, when admissible as evidence.............. effect of remonstrance by property owners against street ERPS OTIOMLS ese ho ud ats Olan a ee meaner es oe Ran Rs regularity and integrity of action presumed.......... Serving imiaLterial for street PAVING Cxasce we mista bet” must recommend all ordinances for public work...... ordinance for what sewer work to originate with...... letting out public work to lowest bidder............. PAGE. 395 395 395 395 395 395 395 395 395 396 396 396 396 396 397 401 401 401 421 423 472 INDEX TO CHARTER. index to Scheme, pp. 279-286. | inaes to Ordinances at end of Rev. Code. Index to State Laws for St. Louis, pp. 225-256. BOARD OF WATER COMMISSIONERS— See Water Works. to turn over property to water commissioner.......... term of, CoO Cease, WhGNt cas 2 oaks Eee en tn ee term of their appointees to cease, when............... BOATS— See Wharf Boat. BOILERS— See Steam Boilers. may remove or prevent construction of (clause 12)...... BONDS— city has power to borrow money by issue and sale of Claris 1) Gs once are ee he w a oer waa aa es ee alates eae of city; may be issued for what purposes......% s2..-682.5.- vote, of people to authorize: 1Ssue Ol ae oe ae eee refundine-oOrerenewal DONS ie ee ee how; payable BiG 1. oe kihoe el res eee power conferred cumulative AUGPTOVALA Of Seater bate o heseteee betes rane Pes aes Cae ee eee eee OF COMPLTOMGERA. © oso Sea eek ee etree tens coca tc nee re OL AUGTEOM icc? Ha ob icele te cerns te has es ee on ae oa eee OL TYCRSITE? Gren yh hake ce oe ee eee ee Dot wile) 6 Sie. eis be 1e.18 el.) @ S10) e) 6) 0) Sw eee, @h4 es sale r (6 be te, 6 ene 2 1a5e) 0.8 Of, GOLLECCOT Be a are eae ee ree OF MuUnIC Pal OMIGETS.s Soe ae See ee eee ek ee ee of officer, when not given within prescribed time.......... Suit, may De anstituted (On DONdS,- WitGn ye «een eee ee of president of board of assessors and district assessors.... Of deputy + COMeClOrs se ake se weirs ce eee ee ee of contractors for public work sureties on contractors’ bonds Cae hae el ee ae es ee CM ee a te RY Cy Mt ey yal far var Bice yy ey ot O46 ‘S ¢. 0, s2 1s © © 0 8) wre « sb eus ue 6 © @ 5) 0 Ke & 6 fe We (ee 8 6 6 Re Oye ae 2) eB) Bie, ce 816 8 6 ee 9) ©)'s) Sy 8 ae 8. of water works, providing fund for payment of of -harbor*and *whart/Gommissioner: ses 3. Ce ee for street railroads to insure compliance with law, required. health commissioner 2 OU) CS, OS) pw els) fel fe ee) oe 916 9 eb 6. Sen a me) A ew) ehialel is, fella ore 8: wie Wad ee er lavie’ ene) a6) & 16s [ ANNOTATIONS. } for free bridge, etc., sustained power of city to issue intaid' of World's Mairzcas ee sae ee ue pak ee ee ee ee compelling iapproval-by -mandanius.. 0-2 .sey ee eee compelling payment of city bonds by mandamus of contractors for public work 5.6 JCP Ce ie ee She 6) ene la) ph elie lie) @ 6 6: abieliete le ae @ 8) 9S 38. & So Ha ee (o> oer be: fe es a aera! by ais) oh 0m Jahn) Le contracts bonds Be GO RB) CSS 18 5658s. 0) Tele Oe Le rive’ (a) 616.6. ale Dehiei el ake een & BONDED INDEBTEDNESS— See Indebtedness. BONE FACTORY— not to be opened within 300 feet of any dwelling <7 .9) 920) 8 6) & ele) (alters BOOKS— to be open to inspection 219.2) 2 6s, 18. we) Spies) 818. fell we level eile cené ) afie) & le) 6) wos eo) ewe. BORROW MONEY— City sMay “CClda USGs 1s) eer oe ee ee ee note for, limited to 12 months (clause 1) Sel |e oe) en¢) © we we. = ¢ v8 6 76 e we We se Bes s « BOULEVARDS— how established and maintained how discontinued D6) BL se WW 0, dom (Ue (6 Ue 6nte tae 0 6! Shs Ch ae rane *) Ose eet se 66) e 9 18) ©) 8) oe wish aes. wee es 10) oO © ©: 0) © S16 6 6 oe 6 0 6 « % 6 8 (@ F Se 6. = ss 6 Sas OC 620: 8 18.58 1g aS. Slate) es 60) 8 elle sy paie, @ 618 power of city to protect laborers and material-men in city moo 09 09 00 09 Dw DMwW bw Pow Ndt He Ol Ol ART. VII VII VII III Ill II] III IT] III III ITI IV Ill hig 3 VI VI VI 26 et het INDEX TO CHARTER. Index to Ordinances at end of Rev. Code. | Hex to Scheme, pp. 279-286. Index to State Laws for St. Louis, pp. 225.256. [ANNOTATIONS. ] PAGE. SrrUmieen Saline. WUENGVOIG chido cele um bedidteia en a eee 385 Pee ere ELC METALL ef yieiat co lain c's eats ay eta ule Cea west a ee 404 BOUNDARIES— See Corporate Boundaries; Ward Boundaries. WEGMe tp SD ee Pa ruaat) ALS dee ae ce ee hc ee og ee week Mins eRe aa Plone 295 DOTERILT AN LOR OSCR an Pa wt greeh a's 4 olsen ale.a yw RVe-8 hues GR eels hk 296-3038 BO EPeCUIUMIOUL War, GVELY Ue VOALSe : cio ccrd bw silo kwle race at¥iore es 303 MOTMANENL CLUISLOMe lines yn. hac cle och ale /e 2 tell Set ek, Baa ae Sing 303 [ ANNOTATIONS. ] “291 Tie Peter U Lei Ti Se ell YS vce Kies clea tek Soke ee sl eo oes a 296 368 Devine Ore weitere COUCCEINIMNS Coton gnc dictuee ak ew Gyew ae 296 changed, ordinances apply to new. territory.............. 296 BRANDY— Seer Pee TIS DCELLON, Oli CLAUSG (Jie he cie's ao Wa Seace cee whe 334 BREAD— may regulate weight and quality of (clause 7)............. 334 BRICK KILN— not to be located within 300 feet of dwelling except by con- Ser gee eee tee eens het Sane eke ee eis bee Oa Aer 343 BRIDGES— power to construct, repair and regulate (clause 2)........ = ype here rete g OR ate inet gr dike hc ea UD OF ios ge a ee ne een eS Dee ie Se aes oO 320 [ ANNOTATIONS. ] ( 294 free bridge across Mississippi River.................... J oa | 382 BROKERS— power to license, tax and regulate same (clause 5)......... 330 BUGGIES— Peet es Olea SCLC. CC IAI SE: Th) cade ove lccale se, 5-818 © & or ALi OL dae Se earee 330 BUILDINGS— See City Hall; Municipal Buildings. power of city to issue bonds for public (clause 1).......... 320 power to order removal of same at owner’s expense........ oot BAe REIS SLOP UCCTEINOVER : 2.00 =< sia aconsteey a clade Sete ae ates ooh 337 may provide for inspection and measurement of............ Sat BOWE Telus ler: a0 oth CXAMING Cis oye witaesa-skere 4 tee Wal we oot may provide for safe construction, inspection and repair of PATA REC kr) Ch a ters ea Nh, vad eee eieieat a ee reead A ah ona ae oot power to regulate construction of partition and fire walls, PCL CLELTIM EES 9) Nery ou ete oe ones eee Ae tnt ae ea alee eras nL power to prohibit erection of wooden buildings within pre- BOP Dermal toe ( CLAUSE: Lo). s te ee ork rte ee eee erate at diced By may compel owners to have scuttles on roof (clause 12).... of power to enact stringent laws to guard against fire in public BSS DEEeOCETINL VILER LCLLEL ES ree ok = oem Bee re eee eee ER ee vintala ay Bo 339 Peto ne tt) TTBS DULCE Bs ate cad ank Boks ees, sick sk a acm 442 [ ANNOTATIONS. ] inspection of, transferred to Building Commissioner..... 442 inspection of, when in course of construction............ 442 BURIAL CERTIFICATES— imei oN ee eine 1) TELCTencerlO.. . 7 shi. ve aes ea a. ss 446 Bien AMNUOTEARers Ill TELETONCS LO}. sob eet Su einawie e's as os 447 Setrnicy. fOr Tallurea tO TepOTi~dealpbas oi .m. eae x gos yt Ko wwe 447 MerrmetevEtoreqirin! Without COTLIUCRIE. J. gens) oe ose eK ae 5 447 Heoaitvetor failure to report interments......%.. 2.2.6... 54 447 ART. = eS RS III III Ill III III CBE III II] IIl III III III SEC. Hm He CO DS 26 9 6 474 INDEX TO CHARTER. Index to Scheme, pp. 279-286. Index to Ordinances at end of Rev. Code. Index to State Laws for St. Louis, pp. 225-256. BURIAL OF DEAD— city May purchase or hold- property. Loris. 6) eee BURIAL GROUNDS— See Graveyards. BUSINESS— power to license, tax and regulate all kinds of ‘clause 5).. may prevent when dangerous or detrimental to public health (CLAUSC, Bs SSR olee mae errr ee ta Peal Se ae se ee BUTTER— may’ regulate; inspection sot (Celause <7) -. one ele ee may restrain and punish tne forestalling of (clause 7).... BY-LAWS— See Ordinances. (c. CABLES— See Electric Wire, Tubes and Cables. CANDLES— may prevent use of in stables, shops and other places (ClauSenlZ) Vi. o-5 eee hoe ee Le ee ee ee ae CARONDELET PARK— repeal. Of “special tact... - i. s cto conte nny Pe oe ene eee ee eee CARRIAGES— power to license, tax and regulate (clause 5).............. CARS— of street railroads power to license, tax and _ regulate (clause)5 ee ee ee ee ree ese uta te aan er eee 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 provided for (clause 14)........... CERTIFICATES— See Burial Certificates. relating to revenue to be issued by register................ CHANGE OF GRADE— See Grading. CHARCOAL— may regulate inspection and weighing of (clause 7)....... CHARITABLE BEQUEST— cityamay takesand, CxXeCULeie nan ha. dae ean hee CHARITABLE INSTITUTIONS— See Commissioners on Charitable Institutions; House of Refuge. PAGE, ART. pT Ill Ii! III TEE Whe III III III ITI Ii! ES III SEC. 26 26 26 26 26 26 ou 26 wens INDEX TO CHARTER. Index to Scheme, pp. 279-286. Index to State Laws for St. Louis, pp. 225-256. Index to Ordinances at end of Rev. Code. CHARITY— PAGE. See Hospitals; Poor House; Etc. appropriations for, forbidden, when—See Gifts. CHARTER— adoption, effect on ordinances, contracts, etc.............. 453 Mea uOne el. cto reinain “in iLOrCeyc os oak oak bee ee: 453 Wavor.oo promulratasin, pampniet form Jo. ee pees shes ae 453 amendments to be submitted separately to people......... 461 [ANNOTATIONS. ] PeVerAaL COnsiueEracions. respecting © Ci.0 ues eee wee 289-293 BUODLION soe And. awhen-elfective..+ 451. cee. oh ee ea tas 289 Sister Parae OUEIOT MOE. < 75\s 4 css cidtn Oe pare eee & NS 289-290 BEA te DOWere RUGICCALEO S11 2 asi 5 ey Aedecniely Des Soe a 289 PNB LIONs sin DOWEL. CONTEFred. DY. ca cece eee nes aw acs we 290 must be in harmony with statutes and constitution....... 290 UNCER PePTRC LACE POL rier e a: oie aw, eocie ge terete ete tele aeermeecal tg ates Sens 291 Noweiar civureated as county, UNGErsain. eee eee ee 291-292 318 wie Omer CONStTUCLION: OL 9c... hae ee ee ee {3s 315 Aenamence Of. now) Cflected.. .. os <7 phere ee ee 461 CHEESE— Miasareeiacesinspection. Of, (clause 7) . 0. cscs ee eens len 334 CHICKEN COCK FIGHTING— ; power to suppress CCLAUSE, fy) 0 os, x releaete cls chen er meio Ete 22 300 CHIEF OF FIRE DEPARTMENT— See Fire Department. CHIMNEYS— power to regulate construction of (clause 12)............. 337 power to regulate cleaning of (clause 12).................. aL CHOLERA— reermcuons .as to ‘treatment of. patients... .6..24.s...cee, 343 CIRCUSES— power to license, tax or suppress (clause 5)................ 330 CITIZENS— Drei sours, exempt {rOM TOAG WOK. wa ius 5 .-cres seein eee alt 457 [ANNOTATIONS. ] EPRICE ME TILE SU PDE cars oes sie eee hack Deh ureters Wloka Sen ee ee 349 CITY— STRIP IGYT REAULIEOL pour tes Se Tak chine esi stati meat ee eee ae 294 POLOUTaLemiIainos ANG) DOWETS 2.5 '. sexe ol ole Waele ob atin cates ake ate 294 may purchase and hold property for certain purposes........ 294 may sell, etc., or dispose of property for benefit of corpora- EEC eae ee cre ere be tae o> ae ae OS ee eerie cr 294 Pie werecCorr raped Uests> Cll. 2.) eens cee ee eee aes ee 294 Vee MES COIMIINOM: SGAl a. sts acs he teenth ne Sanat rs en ae 294 nowoer-o: assembly. to Maintain Peace OL, Ac.. 0. eee ese be 33 Peevey trade.and manufactures Ofiincc. «sie vee ee 338 PMN ToOUnBe erent Or lease Properly... «cae wae lt Ceres 30 when not liable for damage for taking building for improve- Rt EEO TIT O POSCU SLT OG i rivis 5 aio ie cate ceo arate yp enn hel o 380 shall not. be lable on special tax-bills..... 5.61.22... 065 Pais fo be. at no expense for private S@WErs. i000. e ee eee 412 shall be liable for real estate taken for water works....... 428 retiree 2 Wy ARGOAE BCLOOL LALOR os in cy teheta enter e ot Khare co see 449 Bement Ore LO COLECU SCHOO] tAXCG nc. al eaten ee we ee 449 Soe OPC USTs GF ON Gea oa Se ee ay re en i ei he eo ure 453 Maeieretnll Gxecite: appeal, DONG 5. s+ + 5 ces wie kb cee wins nie bles 454 ART. XVI XVI XVI XVI II! 1G III III 475 SEC. co Odo 26 476 INDEX TO CHARTER. Index to Scheme, pp. 279-286. | Index to Ordinances at end of Rev. Code. Index to State Laws for St. Louis, pp. 225-256. a) bt He CO 08 G2 GO BS bo =) BO LO PAGE. ART. SEC. citizens..of,exemptitrom road work. o.c6e 1 eee 457 XVI damage’ suits against ase oa eee ee ee ee ee 457 XVI judgments against city to be rendered against all other par- ties’ Liable sim. Sagas ease ck et ci eaten oe 457 XVI judgments to be first enforced against other defendants ...... 458 XVI lability of city 2limited 6 e248. see ee eee 458 XVI [ANNOTATIONS. ] 1s’ NOU In “anyclass*OfClllert pet ete ee 289 291 is. politicdlsaub-divisionwot States..5.. ewes eee ie 369 454 how:-tar’ and ,when treated as a CcOUnLY- © oa. wee ee tie authority of, to purchase, hold or dispose of property.... 294 corporate powers ol an serneral yas eee eee eee fs She may build and maintain free bridge, condemn property in LLIN O18 eg Fae re Raia ieee be ee eat cea cee 294 may be testanientory trustees... lee: eo eo ene ane 295 cannot confer monopoly franchise. .-2.. ©... oe) one ee oe be liability of, for damages—See Damages. power of, respecting taxation, discussed................ { a power of to open, widen, etc., streets and alleys—See Streets, Alleys, etc. power of, etc., to condemn for streets, parks and public uses—See Condemnation. power of, and liability of, respecting contracts—See Contracts. CITY ATTORNEY— shall -be-appointed Dy Mayors cc fee cee ee ee eee ae 345 IV first appointment .to "be for*lw0syears sas. ee este oe tei 345 IV term) TOUr WVEATS< ce6 paws Soe Oa ene ou eek ree nee ee ee 345 IV ADDFOVEAT DY. COUNGH og arc so cn sb ele eee te eee 348 1B to* be: subject to: control sof-city, counselor... .5 254 eee 358 IV 3 shally maké annual reports * to. Mayors ey ee ee ae 364 IV 4 to furnish legal advice to police commissioners............ 459 XVI 1 CITY COUNSELOR— shall. be. appomted: . DY. sma yor se se ee ne ee eee 5345 IV term Of Office Tours Vears oo ace ete a in eee cette eee 345 IV first appointment ‘to be for AWo7yearsecn. co eee 345 IV approved DY 4 COUNCIE od We Rete yee oe ee is ees ee 348 IV duties:of insreference tol sults... en eee ieee ee 359 IV 3 shall “be. chief law: officercoreLNexnGity, ec acters haere ace ee ee 359 IV 3 shall advise either house of essembly or any committee when TOCA TCG Sees ei eee cale ial vm “bata tata aes te catia oa oe ee are eee 309 IV 3 shall advise mayor, and through him all other officers...... 359 IV 3 shall have a superintending control over business of city PUARA) sith eee Rhy ar eee et a eel sy Sty ox Speke wie NG Bod IV shall, aid -himein discharge cot duties. Wien aes aere eee 359 IV shall make ‘annual yeports-10: Mayor). + in. eee a ene 364 IV shall conduct proceedings for condemnation of property.... 385 ava form of peti tionissh eecee ye ores cia eee ates et ee ee eee 385 VI notice. to: defendants.2'.2 + <%...2 50s © eae ee es es es 388 VI proéess: to sbegservedaby > city -Mmarshnal . scence oe cc eeie eee 388 VI notice: Dy PuUbliGationc® &ciei. ois Wkces Thelen eee ee 388 VI shall apply to circuit court for assessment of damages to real estate :for-water. worksS<.ca.. =. - “ec eee ee 428 VII shall act.as Jand.commissionermww hens... ee eee 453 XVI to furnish legal advice to police commissioners............. 459 XVI 1 © oO ow CO o1st bo © po bs be bo bo © bo DO bo bo bo 1 > —= a) a 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. CITY DIRECTRIX— [ ANNOTATIONS. } determines elevations of highways, etc....... CITY HALL— power to erect, purchase or rent (clause 3)...... PTT LC COL AUSOy.1, Wins 4 cea aan kd ck ee ham CITY REGISTER— See Register. CLAIMS— See Auditor. assembly forbidden to compromise.............. assembly cannot ordain payment of unauthorized penalty for unauthorized payment of............ CLERKS— PGA tOl wrod lary Of, o.. sess os Ne dh oh pate 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 6 COAL, STONE— may regulate inspection and weighing of (clause COCK FIGHTS— Pe wetetse press. CClAUSG, 8) iu vis's testa e ele eee eee ate COLLECTIONS— of state revenue, power respecting (clause 13). of public money to be paid into city treasury.... by collector to be paid into treasury daily....... collections from water works, how applied...... collections from harbor fees, how applied........ COLLECTOR— Srtaecoec elec ed. Lor .fOur: Years. .2356 oo Pe eee we Caen dle shall collect all city, state and school taxes...... shall collect all license, wharfage and all claims. Pe Sri e ee eee Say we Rey 6 ee ® aaa) weg Woes lew er re RN aay ate. 3 eo 6S es wierel eS). e Sie ald pa) 6 let wane shall pay over collections to treasurer once each day....... Sinte ano Bschool taxes to be, paid» how... sees eee, Mreivo Done in not, less: than: $200,000), 5 yack. ack sae Les manner of keeping books and accounts.......... RUN CME LGOUOT © oeip. yo dca0 oir Sn any, pate er lack eae PC eet Gs FOLULTICU: «2 x 476.5. 2» Whe cree oD kes ast ee shall give receipt to comptroller for tax bills.... ae ef 6 we we ese ye a WRRwwwwe Ww MO ANwats 381919 YW Le ODOD- o 7 oO III III 26 26 Conroe =e ee) Coho pe Aor HD DORs — 478 INDEX TO CHARTER. index to Scheme, pp. 279-286. Index to Ordinances at end of Rev. Code. Index to State Laws for St. Louis, pp. 225-256. bond of. collector” Svc Hn AUS SRR ac ee eae ae eee ee bond to*be a5 22) fees ee exempt from restriction as to holding other offices........ not required to devote entire time to duties................ shall have supervision over penal and charitable institu- LIODS: % sgh aG fest ek daar veto bate eee ee Realtors OP Rae aaa emi may remove appointed officer of institutions............... mayor shallifillivacancy.c i wc eve eee sete ee mayor not to reappoint any person removed by............ commissioners to meet once a month at’city hall.......... shall: visitvall institutions once: a monthw os ee ee may recommend ordinances to assembly, when............ shall receive.nio. payetor Services 72... ee eee [ANNOTATIONS. ]} cannot remove officers without notice and trial.......... COMMISSIONER OF SUPPLIES— shall be:appointed by mayorrs+s +2 - ee ee ee eee eee term: of office; four sears]. ...2- are ee eee eee first-appointment to, be for two: years... ee ee eee approved. DY + COUNCI] Was eee eaters teers ae ee ee ee shall purchase all articles needed by city.................. municipal assembly to provide for all purchases............ purchases made without advertising to be approved by comp- LY OVO LGR a nahere gd ade ee Cesta re ere ee aes Ot eR form of advertisements for: proposals seer eee bidders may bid: for-any one articles... +. +.0ee are eee awards to vbe-torthe- lowest: plddere 4a. ee ee ee to:furnish printed blanksito-thesbidderss:- 67 eee opening '‘ofsbids. fib eee ree ee ee ee eee bids having alterations or erasures to be rejected.......... all contracts*to’'be-approved by MaAyory..-.4.. 45 oo shall’ make*annual reports (to; mMayor:. 225% vee eee ee to purchase engines or apparatus for fire department...... COMMITTEES— all’ bills: must, be reported upon Dy. - sue. ee ee PAGE. 376 376 376 376 376 376 376 376 377 377 377 377 377 434 449 449 293 345 348 345 345 349 350 365 365 365 365 365 365 365 365 365 345 345 345 348 357 307 357 357 357 357 357 358 358 358 364 442 310 ART. IV IV IV IV IV IV IV IV IV IV IV IV Lvs IV IV IV IV IV IV IV IV IV IV IV IV IV IV IV IV XI III SEC. 30 30 30 30 30 31 31 ol 32 33 33 33 34 6 3 3 INDEX TO CHARTER. 479 Index to Scheme, pp. 279-286. Index to Ordinances at end of Rev. Code. Index to State Laws for St. Louis, pp. 225 256. required to report certain bills within 40 days from time PAGE. ART. SEC. EGLO OeNCG.. ids tek Sa La ee ee EE clot eee 310 III 13 in event of failure, bill to be considered before house or BE TAS hy Ge “a nce St ice anv ace Gea bre Hanalei ate en ea 310 Lut 13 bill to be acted upon by committee of whole............... 310 Bia 13 engrossing of bills to be under supervision of............. Saal III 15 Prmmessrirerenioe.s TepOrce Ol ides ais ce eetc a cate tke Ax ais Comer: Solera aga bad ly chairman of, authorized to administer oaths to witnesses.. 342 III al shall obtain indorsement of comptroller on bills contem- Pieuinon expenditure Of MOnGYy .syi7e scaeis taeateckis soe aes 370 V 12 COMPENSATION— See Salaries. COMPROMISE— of claims, forbidden by municipal assembly, when.......... 341 III 30 COMPTROLLER— POSSE LOM FOUL: VCATS: < is.s steele acke coe cieceutae ecuneutalays 344 IV ai to have general supervision of the fiscal affairs of the city.. aii biate 20 to supervise collection and disbursement of revenue...... 353 IV 20 to see that all necessary legal proceedings are had........ 300 LV 20 to prescribe rules and regulations for public accounts...... o00 IV 20 elareedewilLuepreservation of credit. of city ices5 oc. © os 353 IV 20 to draw requisitions in payment of public debt............. 300 1 20 353 IV 20 to make anual reports to assembly and mayor............. | LY; 47 364 IV 48 fOrBupeLvipe-all property and assets: of. city.) 223.265. ee 353 IV 20 reeoraevorenis Ofice. spall show; what... 0-0. ee eee SoG IV 20 Porcoulncersictiiall. warrants on treasury: coos 2a pee eee ee ao IV 20 to have access to books and records of any department...... Boa IV 20 shall see that accounts of city are kept in proper manner... aoa IV 20 shall give bond to city in not less than $300,000............ 30a IV 20 Sha rmuave a-seat in municipal: assembly.:%.. 2. «eel eae ee S00 IV 20 may effect a temporary loan to meet judgments............ 353 IV 20 to have custody of delinquent and special tax bills, deeds, SEE PIETER Ore oak tre Meir sleds ahd Fichter othe te UPON ahah eee a ate 000 IV 20 Pence a.complete) register. thereol soe4.4.9 is ae eee en eee ae IV 20 Pmiiemayvor tnequit-claim deedss. .... ses .eees oe See ek 354 IV 20 to act with mayor and treasurer in selecting bank for city ORG ATV ERS og Sak Oe ea ae Sag“ Sete d aaa UM A 354 IV 22 shall prescribe manner of keeping accounts by collector, Tee Vee, Sa at, gs, ve pid ag Whe al Gene Se eee ee erate 356 IV 24 to approve purchases made by the commissioner of supplies, SHUTS aD,» en Seated Aer ie Non a a rere 2 ire ah ole hte i ado oe BOL IV 29 Pomrecervessi: Ulank: licenses, et... aia). ce oes etek se ee ee 369 Vv 5 ETO RPRTUDNCALE: TOCEIDIS c. A. es W's cha hee COME. Hoe ee 369 V 5 shall adjust settlements of officers, engaged in collection TEE Fg TRISTE Pe ge ie i 5 APR RE AI BE oe hci aa Ope cn ogg oR 370 V 8 Baer erurieunused DlAnKSs to registers oc... eee eee 370 V 8 ordinances for disbursements to be endorsed by........... 370 V 12 audited accounts to be registered in office of............... Srl V a3 to allow accounts with approval of mayor, when.......... 371 V 13 tax bills and assessment books to be delivered to.......... 375 Vi 26 Sieaeeetining ang .stuiinp Dbillsvacts an oe eee ae Pee 375 V 26 Brmemucivers pills’ to collector: <> 3 ae5.0 esr oe toate ae he BY 65) V 26 mnt akosreccipt trom COlLECtOTr ..s cis dates te ae ee a 5 Y A5) V 26 receipt for state taxes to be forwarded to state auditor.... 375 V 26 may correct manifest errors in assessments................ 375 V 28 authority of, in reference to delinquent taxeS.............. 376 V 29 report of commissioners in condemnation proceedings to be TTT ACME CO eee hah te 0a! ches sh eae Chet ae MPa kL eres Gara 393 VI 10 BUMP RCOLU A TADOTLS: 11) OLLICG cis tha encase at fae eetinde bs shale ape 393 VI 10 Shall furnish copy of report to assembly. .:......2......:;. 393 VI 10 mari ceduc. benefits from damages: oc ices tens hdc vce ees 393 VI 1 Wy 480 INDEX TO CHARTER. index to Scheme, pp. 279-286. Index to Ordinances at end of Rev. Code. | index to State Laws for St. Louis, pp. 225-256. PAGE ART. to register, countersign and deliver all special tax bills.... 413 VI shall enter “satisfaction vot special*tax pills... ee ee eee 420 VI shall -countersizn “all--water licenses; 32... .. se te ee 429 WIT shall examine monthly statement of collector of water rates 429 VII shall furnish blanks for wharfage dues; etc. 27.0. 2..5..... 34 IX shall register contracts for abatement of nuisances........ 446 XII to’ make deductions-‘in’school-tax “when +... 5s ee ee eee 449 XIII LO exectite .CONTFACtS LOR CI y, eee ors re emt ei eeeee tat ree 454 XVI to ‘countersien Contracts .wheliet. 2s eae eee 454 XVI may inspect books of police commissioners................ 459 aa | [ANNOTATIONS. ] functions of former county court now partly in.......... 298 CONCERTS— power to license, tax and regulate same (clause 5)......... 329 III CONDEMNATION— See Streets, Alleys, ete. powers to condemn private property for public use (clause 2) my III of private property tor public usen-.ie eee eee 385 VI eat s 385 Vi commissioners tobe frecholtdersa. so eine ae ee ee ee | 388 VI majority “of commissioners Mavelrepork. «. ..aateh ee eae 388 VI commissioners to asses damages........ Soke oe he a eee 388 VI duty of; COMMISSIONeGrss.) bas ave eee oe eee eee 388 VI COUTL TEVIGWdTCDOTU: <4. 1s tees be ie eRe eee eeccee eee a eee 390 VI costs°of (proceedings. n.a pec Oe ee ewe Oe ee ee et ae 391 VI compensations! COMMIsSSIONers. + 6 ll ok eee ee ee 391 VI dismissals or withdrawals of proceedings for by city........ 392 VI proceedings, may be discontinvleder. 58 tue cake ee ee 392 VI damares and sbenehits, (now pald. <> snide eae oa ee en oe ee 393 VI Set-off, “WHET evo sie or eae Sarria ec ee re 393 VI paid:into court, when 6225 aoc ee eee 393 VI city may aeduct benefits from damages.c ci st: ace eee 393 VI city not liable for interest on damages paid into court...... ouD VI when title in dispute, damages paid into court............ 393 VI when, improvement. May: Proceed. 1. ..65 se eee ee ee 393 VI condemnation. for-particular suses 2.2 145s sate ae ee 394 A | of property -Lor-water -works——damaces..% 40. ae eae 428 VII when charter went into effect, how conducted.............. 453 XVI [ ANNOTATIONS. ] 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 proceedings must comply with all essentials............ 386 whats petition ‘Mustssno Wi bres eae ae ee ete 386 conclusiveness and effect of street opening proceedings.... 387 distinguished from assessing benefits or taxing for local IMPTOVEMENS Space 26 cicicls a cnteene enoe ete yes eee ae ee eee 387 parties to-proceedings) Tors se 2.5. ess re ee oniae ae 388 damages and benefits in proceedings.................. a report of commissioners, exception, jury, etc............. 391 COS OF. e600 ois os tale, wn weiss wikaie tims Ane OUR Re re et ey ee ee ook Gismissalool ProOCeedin SS .c veda matinlces + pee eee ei eee 392 ADPCA Le ees Be ie ot hee ix deep the dhe Dt aes ee ee 393 when payment of damages becomes due................ o%5 payment into court of damages, when city permitted, and effect. thereciakc.... awe dawece me Eee fu Adare teat tare abana 394 change of grade, when) operating asc sen neue oie ee ee 406 for (park? purposes io a ates oe eas Ge ee en eee 431 of one street car company of the right of way so as to run over tracks ‘of anothers ena, cieaccc steeper oes ee 440 womonmMmNOrE PENNS INDEX TO CHARTER. Index to Scheme, pp. 279-286. Index to State Laws for St. Louis, pp. 225-256. Index to Ordinances at end of Rev. Code. CONNECTIONS— See Sewers. CONSTITUTION— [ ANNOTATIONS. ] SOU gcer Gin CILY 8) OWES S.C oe ee ee ee ey controls over charter or ordinances, when conflicting.... what is a conflict between, and ordinances or charter.... Peet ci Lys AI GOULET UNG kk Ne bee Oe provisions of, do not apply to special taxation........ Hrovisicnstas: toO-Streat.rallways../l2.0 oe ee eee Proyastonsvas: to ischools,vete: 7f. ois eran rae ee CONTAGIOUS DISEASES— may prevent introduction and spread of (clause 6)........ CONTRACTS— See Board of Public Improvements; Public Work; Public Printing; Street Sprinkling. members of assembly not to be interested in................ Civ Otucers. noc; to be interested: in i. uA eae Drieiigiseoune mete ly, TeLIste?. sc. vs440e a ee coe ie proposals and awards for supplies............. GARR Tsing Aces all contracts for supplies to be approved by mayor.......... SAME Rene CT CODY HIMAVYOT. (oe se oe ls CURE eee es MUCemeo MOUuLy mayor OL Violation’... {sce sch eee Mity Oreille caise: suit toy enforce, 14 oh daca el ce shall not be let unless specific appropriation is made... Nt OTPRT IMAL OT) A re lor ts Ubi S |. asa se Dete tee aa ee ee eee es fesitenanee Ang SUarTanty. Clase h))6o8s Oi ee ee ee Bera, OVETNENL. OL, SIGE WAIKS. 5 < oss > s Boldin Hed ells aes emergency work and repairs requiring prompt attention ex- CoV OL 8 Co et RSE IR Maa RO ia dition eMC EL Der tas AEN aN ee SeeITALSS MET EELCLGTE SCO. TOAK Oo. gb ana tise Mudra sae IC ieee: late Hoard Or public. improvements to awardi... ts, .osiseuk..s BEI IALIPRSOLEGCONLTACLOLS. (DOTS oat) b kis da ee ee elo eon Buaiepessupject to provisions of. charter... 200. yk. Jakes). ae MoLanOn tay, be suspended, Whe)... isk.) es cee daa nc nes complaints of citizens against contractors, how examined.. POPU TeRt SUIT D el iThe 52 '5.u winter ae « ble ewe nie Nes ten eONEL Oat oe dae Ui ee Pee OTE WCGTc, WOLKS fens Gos 6 '5)b x it erence te ottkete er erate: for work, etc., of water department, to be approved by CeO ET NGG Umi bie OMS) 2 Oks, Sear el Fe WRN pW aL Ae a al ahh tana ean: sot eel alk te ron abatement. of specified: nuisances... Peds: view «win ois oth ree Pore nnoNlGaprinting, NOW AWATdE slcc cc ivcs weru aie Rainer e CACO IG & OL) LOTR ULTUDALLS « & sie ie oby oorace ee Rede, Lusk egies ee ELS SRT OTL OLLOC Ar YW ITGIlis) Atctnis wae kk ined ascii ee erp Uhhaaee Lee existing contracts to remain in force, when................ EVE COTLEACLS, ). DOW. .CEXCCULEGs 5:2 jie sa OES ae BIS ode to be numbered, filed and registered in register’s office..... MMNeME COM DGsTUTTiSned) OLCONS ays sit git tkdeay oh tus wes Sax isles We manailsbe countersizned. by .comptroller,. si... 2 nsw d= os [ ANNOTATIONS. ] state cannot change city’s boundaries so as to impair.... members of municipal assembly not to be interested in... officers of city not to be interested in, discussed.......... exempting from taxation is void, when.................. exempting from special taxation is void................. ART. III IT] III XVI VI VII VII XIT XV XVI XVI XVI XVI XVI 481 SEC, 26 oo H He DO DD DOH ARNOWOWOND | a ell od ae oO Fete pk ped Lor Po bo bo qQ-] ~] DO DS po bY bo wo © 00 moos) =] “PQA HR Ee Aw 482 INDEX TO CHARTER. index to Scheme, pp. 279-286. Index to Ordinances at end of Rev. Code. | ndes to State Laws for St. Louis, pp. 225-256. 26 ~ PAGE. ART. SEC. special taxation where, partially completed.............. 400 guarantee and maintenance clause in, for public im- PFOVEMENUS Ps SVs tee oe Rte errata era eele Uren eee 402 for public work, what strictness of compliance with necessary for recovery on special tax bills............ 416 for public work—See Public Work; Board Public Im- provements. for; removals OL (karogsey oe eee ot eens se Waele ree oe letting .out.totlowest bidder. 2s.u wars eee ook ee eee 422 notice. Of SRLIN G Hes. Nee eee cere eke terree Cones as Serene 423 delay intletting see gu Aare eS ee cae aie ae ee etre 423 PrOovVisionsiain) TOL. DUDNGyWOriee Jc ae oc te ee ee eee 424 validity of provision that commissioner decides disputes. . 424 for public work, time: for completion? -.... ere ee eee 425 Cannotibe. validated: after; forfeiture. cee ate ie ee 425 extension of time before expiration................. Sone sy 425 ( 425 in excess of appropriations pes dhe atats 13 so aun ectat One eae ee ete 454 | 455 suspension of work on, for defective execution........... 426 : 403 estimates GLcCOst: AeA. Stone eek cee, oes ee 496 by city for serving refreshments and liquors in public DEAT KS heh ele hT4 Worse OS aero aco cei ee Ne Taine Re enema wa ede 431 streeti Trailways franchises ‘treated jas vic vec be eee ee 43 in name of one acting for city, name of city not necessary 44? provisions concerning city, in constitution, statutes, char- LEM ANd OLAINAN GES IE. eo Cal ra iN We ial oR A Cen eee near eee aa aE 454 essentials: of PtTOUDINGUCILY 7s 4 o coe eiette eau ae ees Sine nee 454 liabilitysof-city (on, discussed. Vee. oeo eee eee 454-457 must be in writing, within appropriation, etc............ 454 charter and ordinances always read into, as part thereof. . 455 contemporaneous interpretation as a rule of construction. 455 power of city to protect material men and laborers in city 455 estoppel of sureties to contend, are void................ 455 power of city: toumake Cereain es... cad. ieee ela ede eters © 455 DINGING OT WCE. aiaccnt har cme ask aie ie aie cae Re ats ei ae ee 456 impairmentivofl, within’) U.S CODStIVILION | 22) cee ee ine provisions in, that commissioner decides disputes........ ie ratification . 3.1... sds wsce os a) area ae 305 III to consist of thirteen members, elected at large.....,...... 305 III ( 305 III Benoa Llondeo: members: Of ‘COUNCH! wiies ie. sha ess ee Cele el oe fe 352 IV one-half of council to be elected biennially................ 305 III femnemoramempersof first councils. fs sere ae te ees 305 Tiy members of, shall not be interested in city contracts....... ve i er VMRLIEPOL OW LLG» eis ic the eo, hd ny ala eis a te vice ee S0Gem Ga TIT IEC ele GOW) OLUCETS.),.ca)c sce... 9 Wu wtbte te claret oom tee Ore 306 III to be judge of election and return of its members..:....... 306 III SMITE TACIO VOCO LOVINAV OT ars 2 oieic'c ot wd anata wis eh 8iatlen a aaveigl'e et ote pals 306 III SME ATi TOL CONTCINDL.fc cs ole sos x ein oie cimn cl ca aeaed cs brates 306 III may expel a member by a two-thirds vote.................. 306 III the presiding member to be designated as president........ 307 III president to be elected on general ticket.................. 307 III majority of members necessary for quorum................ 307 III consent of both houses necessary to adjourn for more than Bee aL OREN S 2 Pine ota Gude cd wae 8 to wre SRA eraDIS tia ocho OMS 307 III may compel attendance of absent members................ 307 III sessions to. be held with open doors... .......5.0-ca0c-ss0s 307 III members absent without leave to forfeit one dollar........ 311 III PRMIEOACIO TIT STUCITIOGIS oie vil id Ss cat ang ae ed Se ee SEL III president authorized to administer oaths, when............ 342 III mieveremove clocted Officers for Cause. 60... co. wa ww esse cee 346 IV may remove appointed officers for cause.................. 346 IV to examine charges by mayor against elected officers...... 348 IV eee SetMITIC IT. CHGETOON oi, 5 sisie’s bisa ak eee eee eed hk cd we 348 IV council to fill vacancy in appointive office in case of removal CITT U OTMERED Adis Wists b aves, ¢ Wah, cee He ae ce Ak ead i ies mele 348 IV BEC. 14 26 26 16 pt — WMHOWMNHMOMDWAOAWWWOANNH OS at et AAO — SP CO CH OO ~] 484 INDEX TO CHARTER. Index to Scheme, pp. 279-286. Index to Ordinances at end of Revised Code. | Indes to State Laws for St. Louis, pp. 225-256. PAGE may remove any officer appointed by mayor................ 348 president of council may call special session to consider re- TOO a fer ae eo aah ah tata eA at gee ot a RS td eS 348 appointments by mayor no confirmation, when............ 348 appointments by mayor to be confirmed by................ 348 action of, on" appointments! Dy Mayor. wy ec ae eee 348 may remove officer not devoting entire time to duties...... 350 may remove .elected,,.officer, when v/s. i.ii 2s .e6 lee eee 350 may fill vacancy in elective office, when.................. 350 president of, to be ex-officio mayor, when.................. 350 president of, to perform the duties of mayor, when........ 352 to approve contracts for work of water department........ 427 to confirm or reject awards for public printing............ 451 COUNTER-CLAIM— See Set-Off. COUNTY— [ ANNOTATIONS. ] how far ‘city GAMBLING HOUSES— WEE OSU pDTeSsr( CLAUSO 1G ) oo. s.<:ecn ais Comp dates lggha ne aneate (2h 330 ITI 26 GAS— city may regulate price and quality of (clause 7).......... 334 Ill 26 GAS COMMISSIONER— mermiber ofb. PF. 1. .when appointed ¢ iaiseeew ees ithe ys 345 IV 4 to be appointed by mayor, when...........ceeeeercnvesens 345 IV 4 to have control of all property belonging to gas works...... 361 IV 40 shall supervise erection, repairing, lighting, etc., of street Sie yo) 5 2 rn ee eet Mane Ene ae eeie 361 IV 40 492 INDEX TO CHARTER. Index to ‘Scheme, pp. 279-286. { inaex to Ordinances at end of Rev. Code. Index to State Laws for St. Louis, pp. 225-256. GAS PIPE— PAGE. connections to be regulated by the board of public improve- TOTES. a Sea he Ee ROS In ered eles no es ON ne a ne a ae 394 GAS WORKS— city may ‘purchase and hold “property Lore... wey aa sie ater ct 294 to .besunder charge! of gas: COMMISSIONEL i. rai sues ners es 361 GAUGE— uniform: gauge: for. street: railroads... ae ee oe 439 GENERAL ORDINANCES— See Ordinances. revision; of requiredrevery. tlvecyedre: tole ee eee 5340 . [ ANNOTATIONS. ] PE VISION SOL seit ae Se tee eek ote ee ion 4 Si eens, Muah 340 GENERAL WELFARE CLAUSE— city may pass ordinances to maintain peace, good govern- ment, and general welfare (clause 14)................. 338 [ANNOTATIONS. ] Cases, WHETC AP DITAM ey gehts ies aisle ere ee gata el ee 339 GIFT ENTERPRISES— power to license, regulate, tax or suppress (clause 5)....... 330 GLFTS— city may receive same for charitable and other purposes... 294 341 city carinotimake; whens... :. ected tte ae Gees eae eee ce | 458 [ANNOTATIONS ] City;.as testamentary, .72ac es cee eke ee ee 295 by..city of public;money,jare-void.oe nek vise ae te 342 GOATS— ; may regulate and forbid running at large (clause 9)........ 3090 GRADE— See Special Taxation. city to pay damages OY Chanee: Of is, ua. ee oleae ie aa een 405 GRADING— of streets parla bey sso ten atin erga aa. i uamanete eyelet nee eDiets 395 BpeClal Taxation TOV sinc eo anaes ea tela e imal en ta Uaemnene wren al 404 [ ANNOTATIONS. ] change of grade of streets, action for damages........... 405-407 rights and liabilities of the city and property owners.... 405-407 SUDIECT GISCHSSE dc eH wie A ile Rice hoa a tei eae 405-407 GRAVE YARDS— all interments to be reported weekly.................--.--- 447 interments forbidden without certificate................... 447 penalty for failure;to report weekly c, sc.t ance taaeecrar eo ane 447 [ ANNOTATIONS. ] not: exempt, trom: speciabwaxation:... 40 ee mie ae 398 GROCER— power to license, tax and regulate (clause 5)............. 329 GROUNDS— public, power to sell, lease, etc. (clause 3)................. 328 GUARANTY— In CONTACTS) LOT SDUDLIC! WOTK pe oo ae ohn oe ale ag te ee 1 401 ART. Ill III III VI VI VI XII XII XII Ii! Iil VI VI 29 26 ike 14 18 11 12 INDEX TO CHARTER. Index to Scheme, pp. 279-286. Index to State Laws for St. Louis, pp. 225-256. Index to Ordinances at end of Rev. Code. GUNPOWDER, ETC.— power to regulate storage of same (clause 12) 05 2 Vall © eee 8 66) ee } eg HACKNEY CARRIAGES— power to license anuaitax: (clause 5 )eoci%. i ec uty a eben e cles we HALLS— public, power to license, tax and regulate (clause 5)....... HARBOR— See Harbor and Wharf Commissioner; Harbor and Wharf Department. power to construct improvements in (clause 4)............ to regulate wharves and marine railways (clause 4) to guide or deflect currents of river (clause 4)............. to regulate and license ferries, towboats, etc. (clause 4).... to sell ferry privileges and regulate ferries (clause 4)..... to create office of port wardens and regulate the mooring of ESC LE MTEL LSC OAR) varies Dora ahs ehiou sh ove /ranaye ahakorenet Gere eae oie to charge and collect wharfage and tonnage dues, levee rates, etc. (clause 4) limits of harbor 4 0 "ei <6: (eo +6), © SEG at pe weet or eSehe. tet nt a ef of ah at atetearele query etereneret 6s) s,s 6) ele 9 6 me 6146.6 je) 0) ee) €)'S reve! Oe. 6/0, 6 6 (6) @ ee age (ee) & 6 eke Ts 6 16:61 6) «0 a) ef 6 6 S10) ie 6. \e) (Ol 6)! 6 we ie) eh enieyera) Oe 6.4 (©. 1d 0) a wet e .« ADDTOVEO TO VE CUUNCLL Gee eval bs nko Pee ately cian tains shall make annual report to mayor shall be lead of harbor department... sical. 6 athe etoarstyew diate shall have charge of construction of repairs of dykes, wharf BEES Ch LE Cee iia Neu ad's ay ca it'c Yer cote (aa w Weta ian h es eis iar mick neta Baan shall have charge of execution of all ordinances in reference UN TRAY CRT IOP Ne oh coca vk heal cece Pain ad ah Ramee dear MeL ee Ks ore osha shall furnish collector information, when.................. to devote whole time to duties of his office................. IAPs LOL ee UC OTs chs epee tees sds oaset cha be tier heen Bap tbs: ots as A oka Pisseelary a GEDULICS “ANG” ASSIGCAIN Siu Sccds ast thereto ss Serduaye: Bt oe EIB Ctl Ons OF COMIMISSIONET + alsa. ack ate Meo ise eutenserer ane aay ehensaten.s regulating the landing and stationing of boats, etc.......... M1 Pees TOMOvVAl OL CATEO, ATC) TEGlE LG ae os es coreatiw te te sus So oresmane keep wharf and shore free from obstructions.............. BltLnority ananuties- of COMMISSIONGH eae suchas + eee dren ois shall make out bills for wharfage and levee dues, etc...... shall report violations of city ordinances, when............ HARBOR AND WHARF DEPARTMENT— to be under control of harbor and wharf commissioner...... collections from harbor to be placed to credit of harbor fund FesIe CRE COLLGCLOO LOW. Tesla ease) ata ie otueiehe wale teen tr are Sats) Osiee BPTI OL OW List LOR LE ok sstathie ch oie ie, a ames aye aetna HLS, coe Rekas owners of wharfboats forbidden to receive commissions, War EY CRIM ion an x A di vite hs oad ab ia iaal eer RRL Anabel aeddeeeaiere: tt oe bo BDL CV SORA EACLE oid onl s Boece sod Se ace ev ieigials ote ce era Tes . wharfboats not to affect wharfage dueS..........c0c.s00005 HAWKERS AND PEDDLERS— power to license, tax and regulate (clause 5)............... HAY— may regulate inspection and weighing of (clause 7)....... HEALTH— public, may be secured by necessary measures (clause 14).. O79 (at0 0919. wet ee) a lelte ee) sells a ve) 6) 6, 6 PAGE. 6) & vow ART. II] III III IT] III III III II] ti FLY IX IV IV IV IX IV IX IV IV IV IV IV IX IX IX IX IX IX IX IX IX IX IX IX IX IX IX IX IX Ill III III 493 SEC, 26 26 26 26 co CO he w” rm ~] DS © DO CO CO LO Co ty ODOVUNOFPNWNwWWODW ona 494 INDEX TO CHARTER. index to Scheme, pp. 279-286. Index to Ordinances at end of Rev. Code. Index to State Laws for St. Louis, pp, 225-256. [ANNOTATIONS. } PAGE. ART. SEC. general: welfare, | 6tG 3205 Gas Se ores etic Pete ee eae 333 HEALTH COMMISSIONER— See Board of Health, Health Department. appointed! “DY; MAYO) hls yor ietn iets Pete ule Sede ene ner es 443 XII 1 : 348 IV 9 approved DY: COUNCIL: Fora as Wide ee ete cen ae eee eee 443 XII i shall devote his whole time to duties of office............. 350 IV 11 HEALTH DEPARTMENT— See Board of Health. CYERCLON Of Nee SORE, oat oboe Peoeneieh welche Ree a ent Seen 443 XII 1 to be controlled by board of health and health commissioner 443 XII ] health commissioner to be appointed by mayor............ 443 XII 1 z 364 IV 47 Bhal makevannual Yeports LOsImavoD.. se. eee ree XII 3 term’ of officéiand bond yoo. c.. be eke ee ee ee ee 443 XII i! Galification col evi eke sie ele eke Wikia create Gen Cen re es 443 XII 1 dutiés' of, Commissioner..02. ioe, ee ee ee 444 XII 3 may make rules and regulations with approval of board.... 444 XIt 3 may appoint employes with approval of board.............. 444 XII 3 may. examine, bulldings lots etc... s.r eee een oe 444 XII 3 may require employe of police force to examine............ 444 XII 3 may declare-or-abate nuisances: uetoe eu oie eee sees 444 40 3 condemnations must be approved by board of health....... 444 x LE 3 action “of board’ of -nealth"to berinal..s. 4 ee ee ee eee 444 > 6 w| 3 commissioner shall obey all orders of board................ 444 XII 3 shall provide for registration of births, marriages and CLGAUIS -s Sa" Eis eis ac a tal ater ee an beste orcas peta eR cade rae ah 444 XII 4 shall have charge of hospitals, asylums, etc............... 444 et 4 superintendent of hospitals, how appointed................ 444 XII 5 superintendent of insane asylum, how appointed............ 444 XII 5 appointment of employes by health commissioner.......... 444 XII 5 power of board and commissioner in reference to nuisances. 445 XII 6 notification’ LOFOWNErSinn: 2. oes ee ee a ee ne ee eee 445 XII 6 penalty fori failure: to abate fs ice ie sca ee eee ee 445 XII 6 notice by, Duplication ey a eh perenne eee 445 XII 6 cost of abatement to be assessed as special tax, when...... 445 OL 6 gontracts for*abatement fee en eed © ee re ee ene eee 446 XII ff proclamation “in; times *omepidemicw t,o vcs cee Were eee 446 XIT 8 authority of commissioner and board in such cases......... 446 XII 8 extraordinary powers to cease upon order by mayor........ 446 XII 8 record of: acts and order of commissioner. v0 4.2) ees eek 446 XII 9 duties of puysicians in reference to burial certificates....... 446 XII 10 all interments to be reported weekly to commissioner...... 447 XII vel reports to specify names;ages, eters ya. % fins hima we bee 447 XII ar board of health to keep a full record of proceedings........ 447 XII 14 clerk of commissioner to be clerk of board................. 447 XIT 14 [ANNOTATIONS. ] board of health—See Board of Health. abatement of: nuisances 22 04 Fue ae ee ee ee 445 HIGHWAYS— See Streets, Alleys, ete. citizensexenipted | from working oniai hc. es eee ee 457 XVI 8 [ ANNOTATIONS. ] See Streets, Alleys, etc. Mississippi rivervis (a nhighwayisoc. os 6 crs ee eee 296 bridge over Mississippi is proper*highway............... 382 HOGS— may regulate and prohibit running at large (clause 9)...... 335 III 26 HOLIDAY— legislative act prescribed half, 9n Saturday.........\...... 350 INDEX TO CHARTER. Index to Scheme, pp. 279-286. Index to State Laws for St. Louis, pp. 225-256. Index to Ordinances at end of Rev. Code. HOROSCOPIC VIEWS— power to license, tax and regulate (clause 5).:............ HORSE AND CATTLE DEALERS— power to license, tax and regulate (clause 5).............. HOSPITALS— Cliy many purchase and nold property [or .f. o.vede ssc ee ee Biuy iiay. issue ponts, ete. for (clauseécl)} ?sieci. cc 2. ste cee power to establish and regulate same (clause 5).......... to be in charge of health commissioner and board of health superintendent of city hospital, how appointed, etc......... superintendent of female hospital, how appointed......... superintendent of insane asylum, how appointed.......... superintendent of quarantine, how appointed, etc.......... HOT AIR FLUES— may order and regulate building of (clause 12)............ HOTELS— power to license, tax and regulate (clause 5)............... HOURS— ; eb rea a TLS IEE VAC oo os osc cl yb. ea ho ate See ate eT chs Gece ee ne SaLoriae wi aluOonday. .DY SLALG: IAW 2 oS) Jase cradle cuales cltia ota tons HOUSE OF CORRECTION— Siveliay Durciace ang Nold' property fOr. ie ees porn aes power to erect, purchase or rent (clause 3)................ HOUSE OF DELEGATES— See Municipal Assembly. rate wr ocemunnlicl Dal ASSCMDIY ... 3 5 cic Asters s./a.cne wines ore Mees kinks LO_ecOnsiIst. OL, One member: from each ward... 3... cc. ec eee ke Pee ere BVEPY! CWO. VECALS di icials a wicie stele wilenpe le aie ee wa see qualifications of members of house of delegates............ Pere MeE ETC TITOTY) IGT ES Ae ot le basteh goad se es a 6s oar aon te CET members of, shall not be interested in city contracts....... OEE CE ROL LCE WHLOD 5.) ohars le Bix. Din *cie «la ois 'eMarge whactalene re eietdlalate wee pene EGRET TIMELY AL LEO 4 9a Cue alee tease cata hous tal oh Nema ian eaelt whe he Pere ETI LoL OW VC ONMLCOT Sir, 3 dte'd a beatae eh oda eon ales Wiaie ere kel to be sole judge of election of its own members............ Pe woe pe COLLinGOK LO WAV OR: i. occ eee bac as Boe uel enue iayranon Tules.to FOvern proceedings... <5 sa ae ee es ok & msvrarvescconu punish for contempt. iii. sews ase cae e bee & may expel a member by a two-thirds vote.................. presiding officer to be designated “speaker”................ majority of members necessary for quorum................ lesser number may adjourn from day to day.............. may compel attendance of absent members................. Seecrone: 16 pesneldewith:open | dO0oTssn.s Wikies Wh ea Ra consent of both houses necessary to adjourn for more than BUCRSYE CELE ES ac sts cacao) he Tee a to, 4. a We Pe A gag Se eo ot an BOeEGe a JOUrnal Of PYOCCCCIN AS)... - ai. jathinm web yele sede celelewmin, ans mempers miay demand yeas and NAYS. cee ci ws we eine ee members absent without leave to forfeit one dollar........ See Me MELEIOTT CT CTO DCIS... vis «e's dis sw eae alg 6 0 ie Vinee HoeLsoe a power to compel attendance of witnesses and production of BE EY rain sic bfx wo soos «Ose PS 9 bal et OE sope Be ee ev ek speaker or chairman of any committee authorized to admin- TPL Te SIVA WT I CTICRSOS ue s a cine fdas he alae cbr Oe pe ak speaker of, to discharge duties of mayor when............. PAGE. 330 330 294 320 330 444 444 444 444 444 307 329 350 350 294 328 305 305 305 (305 1 305 \ 348 | 352 306 306 349 306 306 306 306 306 306 306 306 307 307 307 307 307 307 307 307 311 311 342 342 352 ART. Ill 495 SEC. 26 bo for) bo bo STOTT OT OTR DO eH 26 26 11 A _ MHA DDMMHAMADARDOAAGOTAOYS SE 496 INDEX TO CHARTER. Index to Scheme, pp. 279-286. Index to State Laws for St. Louis, pp. 225-256. HOUSE OF REFUGE— power of city to issue’ bonds ‘for ‘(elause®l jG hea superintendent of shall be appointed by mayor............ term :Of office four: Veard ee ee eed eee Rare ae eat eae first: appointment for two “yearssow. see ee eee Shallomake annual reperts, to: NAVOr. 66 ee eee Index to Ordinances at end of Rey. Code. [ ANNOTATIONS. ] now “St. Louis Industrial School.’ See that title in Jn- dex to Revised Code. HOUSES OF ASSIGNATION— power to: suppress: (clause :3) oy a ee Rain ce te ra teeters HOUSES OF ILL-FAME— POWET tO SUDDTESS SC ClAUSELD). ct ein ewe hes eee eee ea HUCKSTERS— may be regulated and suppressed (clause 5).............. I IMPROVEMENT ORDINANCE— TEGDISIEE “OR Oia. Wea ie to eG ade or creat ie Den a (Nak tie ane may specify term of years for which work shall be main- CALM Me ontms aretace tele alata cae le at an aie eae en dee ee Yea estimate’ of cost, toc bev endorsed ons wei aes eee eee LO* Contain specific ADProDrigtlONs c. sae e eee ee ere [ ANNOTATIONS. ] CISCLUISSEC Bere aren ana! Ue AS Hee ae aeons es bina Wa iat Save deat ea ae IMPROVEMENTS— See Board of Public Improvements; Condemnation; Ordi- nances; Public Improvements; Special Taxation; Spe- cial Tax Bills; Streets, Alleys, etc. ordered” Dy -ordinancevonly duns sis cous eis aie oe eee edeie eee wise recommended by board of public improvements.......... ig INDEBTEDNESS— NOWUDLOVIGEC EEO cre re eth east ene iene RG eee een arn aie awe aa © DY (bonds. of city “(Clause “UN ttc ches wanes age ae ee ee oa [ANNOTATIONS. | BETO WHATS. Uy Ree chit Baba ents eect Oe a srk fa We ae an Provisions, limitations, SlCr. weiss se Ge ie ores INJUNCTION— [ ANNOTATIONS. ] when will lie against enforcement of void ordinance...... azninst steam ‘railroads /invstreetsr sce aude meee eerie ee against change ofverad@. cx. yo ee Fea tee ee ee does not lie to compel construction of sewer in certain manner: Or; locality Us aise Gwe alee Cae ae ie ce delay from, no excuse for not completing public works on 10: ORME UE RPMS MOS YB IP) Acie ke SPY SINT Bid ay a VELA MURA ara Doel aM MA by street car company against another to prevent use of ATSOLTACK DS wo. five ck a ice Ee ein RAN e this a ee INSANE ASYLUM— right of cityoto issue bonds for) (Clause 1). 7 kaveweoaeeen power to erect, purchase or rent (clause 3)................ to be in charge of health commissioner and board of health superintendent of, how appointed, etc..................008- INSANE PERSONS— power to provide for support and maintenance of (clause 13) ART. III IV IV IV IV Ill II] II! VI VI VI VI VI VI VI III III XII XII Th) SEC. 26 2 2 2 = 47 26 26 INDEX TO CHARTER. Index to Ordinances at end of Rey. Code. Index to Scheme, pp. 279-286. ( Index to State Laws for St. Louis, pp. 225-256. INSPECTION— of lumber and building material (clause 7) DLEMAE OOM Gh Ss CLOUBE. 1) a ony cols w atete ate tlie ait aloe, ole Bethea of steam heating apparatus (clause TD aia ere Bee Ona elie miata of various articies of food and manufacture (clause 7) of hay and stone coal (clause 7) IMPLIIPCRITe OL LUG COLAMAGL TP ol sti iln ine eh aly gia ie eaicla Oude Nhat CLBNOAL, /DOWIEDN CUS eLCon( ClausGo7) ) faut didi omdae meu wn BrUciGSiOL SUIPMEeNL ExempU (ClAUSE: C) 2... kucielh ceric ey bc ele Oreecn les welents ANG sNeasureast {it cw ac sake Cac wae owe eaves fogs 0) De Sea DVLASBEIM DIV? uc ee ce oaks wilelk aera use of uninspected scales, weights or measures prohibited. . es Bie) O20 (0) 6 ce. te ee 6S) 9 e S72 8) Sse Ube Oe 8). 0,9 Oe [er OSG) ef Os 10, ® [ANNOTATIONS: ] of milk, cream, butter, etc., ordinance valid INSPECTION OF BUILDINGS— See Buildings. Cer a) 40) oe eye, oe) aeene 16, of buildings, lots, etc. (clauses 6 and 12).... Tesulaclonevgs tO frame. DuUldINgS. ais daa cee ee See. chief of fire department to inspect all buildings in course of RESET REEL OLE Codie koe este ood dire es) Giese ATA en eC ee SS 6 OO Ne OS, @ 6) 6) 6 [ANNOTATIONS. ] duty, transferred to commissioner of public buildings... INSPECTOR OF WEIGHTS AND MEASURES— must be qualified by practical experience (clause 7)........ LORNOREICCLOC TL EVOCLY, LOUD VOATS.. oiler cnc ei SI Ge alate eens cd shall inspect all scales, weights and measures.............. AeeGnOLy LOviia. Lees (form inspections ae Oa oer ay inspector to report collections monthly to comptroller..... to pay ‘collections daily into city treasury...:......0.....- LOE RPO APeGOTIL) OL ITISDOCELONG ocie cided asic cg isan el ete caste aes shall receivera. fixed: salary for services; +... 065.560 ewe es use of uninspected scales, weights or measures prohibited. . siigiiemare sanniial (reports to Mayor i ak ssa eee ole Rte ee Pree OT UEDR I EPO E IIT ILO (cs. aicinid ek oath Ss ier wa ke ody nua Rot nare INSPECTORS AND GAUGERS— power to license, tax and regulate (clause 5)............... INSTALLMENTS— See Special Tax Bills. Cetrain special tax bills payablevin. vale ele us ee eek [ANNOTATIONS. ] TOTS Cater 110) © 1 OWe DPICAGEGs, ons outer eincaieens Mavs fick eee atari hs INSURANCE AGENTS— Dower ouicense. | tax. etG. (Clause Goes AOL Were Game ew oe INSURANCE COMPANIES— power to tax, license and regulate (clause 5).............. INTELLIGENCE OFFICES— power to license, tax, regulate or suppress (clause 5)...... INTEREST— SMnanCeenLco wis Ol CILY:, DONGS.\: kb ve alole Mey me vid ate ee ten URC ICHMTL RTE SOT. WT IMGT c)c distace) Seach abets svete wihie) & obaln, © ture eters aie MATOTIOL WET ELIE ATL) STIATAIIMIONIG. a5) curs sb See's aed pttetase OVtAe Fgh esere SSRI CORE DE eM LIAS 2 occ, o dapie bidic Dathay ie cid, BiG GA etka Mh ameetel sak & 9 on-special tax bills for street. sprinkling. - i... cs aes [ANNOTATIONS. ] when and how city may avoid, in condemnation proeeed- TUR EUs the ares hs 27, Bin “Givl ¢ WET whew deh tu We a aakala chin ok akon: COTTE E OR TENOR TELE A TIESAG So desire «90's espe) ow A archers Naa te bod ab a, lea eee PAGE. ART. III III Ill III III Ill III III IV IV IV Ill XI XI III III VI III III III III VI VI VI VI 497 SEC. 26 26 26 26 26 26 26 26 30 30 ay v 26 498 INDEX TO CHARTER. Index to Scheme, pp. 279-286. Index. to Ordinances at end of Rev. Code. Index to State Laws for St. Louis, pp. 225-256. INTERMENTS— PAGE. weekly report of, to be made to health commissioner....... 447 reports ‘to. specify names; \azes; ete.) Jos es oe ee 447 penalty. for-burial’ without certincate cc wa. ee eee 447 penalty for fallures toereports soar pe ci nik ates eae eee ee eee 447 JAILER— shall“be-appointed Dy *MayoOrn. ves. rd eee 345 terrmosol ‘office; Tour Fears nin eis \ cntcisk wits a a ered ee x on ee 345 firstvappointiment-to be for, twWouyvears 26 oe ee eee 345 ADDLOVEA“DY (COUNCIL ee ces ee ee oe od i A on 348 shall make annual Teports 10; MaVOreee a i ee 364 JAILS— ‘ power of; city to issue ponds for Nelausesi yy: -3) 4. ee 320 JOINT DISTRICT SEWERS— See Sewers. JUDGMENTS— temporary loans authorized to meet same.................. 353 in condemnation proceedines.2 ci. eis te coe Se 393 againstucity for) damawzes este. aces et meee kis ies eee See 457 to be first enforced against other defendants............... 457 liability sof the: city climited sv). ce ctes a eee ae) erent enema 457 [ANNOTATIONS. ] executions “in: street Openings 75 ee es ee eee 387, 389 executions against-school: property oes 03 see eee ee 448 JUDICIAL NOTICE— [ ANNOTATIONS. ] Of CHATCED e's ise ae wa ¥isratace acd okie 4,881 Oe ee oe eke we Teese 291 of city’s population, city is political subdivision, etc...... 291 Of LOTAINANCES iss ss Sala Wee eke die ee eae ee eee 309 JURISDICTION— [ ANNOTATIONS. ] over! MISSISSIDDI CR IVGTa scion cay Sco a conee be ene eee | 236 of: board).of equalization metic optim cee ies ae 374 in street: opening, widening. ete. 2G ee ees eee 386-387 on appeal from street openings and condemnations...... 393 to pass ordinance for street improvements in case of re- MonNnstrance |. Wacs see ile een Bs es a ere ee oe 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 Casesi:i: dae. an eee Get aso ieee de 391 JUSTICES— See Police Justices. JUSTICES OF THE PEACE— concurrent jurisdiction with police justices, when......... 356 JUTISAICLION “OTs Ge he Oe oie tia ip tee oe ere ee ee ee gen eee 356 hold police court; .When ©. oo 3 sn voc cs oia's are meine eee ee ae ee 357 [ANNOTATIONS. ] city considered as county, respecting.................... 292 ART. XII XII XII XII IV IV IV IV IV III IV VI XVI XVI XVI III IV IV IV SEC. 11 11 12 13 “10 BD bw bo 20 10 26 26 27 27 INDEX TO CHARTER. Index to Ordinances at end of Rev. Code. Index to Scheme, pp. 279-286. 499 Index to State Laws for St. Louis, pp. 225-256. | Kk may remove or prevent construction of (clause 12)........ Uae 1 LABORERS, DAY— assembly may not establish compensation of (clause 8).... 334 LAND— See Real Estate. LAND COMMISSIONER— Milos Cilye COUNSELOL.Siiall. act.aS. ». . «ys eae toes clue 453 LARD— city may regulate inspection of (clause 7).................- 334 LATHS— powers<0 collect. wharfage. on (clause-4) 4.22/43... bene 329 LAW YERS— Dower tax aud regulate (clause 5 )'s<% aco. wn «ote be Ces 329 [ANNOTATIONS. | PERCE TULOLOS. CASING AS... fvcjcdene oe aiete bitte sae! LEASE— See Wharf. RUPEE O LOR LEVELS i ya Sg os mo «a afc oda le PLS cates ee a ee ee Peet Dee nwal ATi te Clase 4) oo 5c ain ve: oie Cateye eee CREE: aL 329 Rig@tras eutares: eu, NOW Made. o.oo. ecebcay oe ee eee 432 LECTURERS— power to license, tax and regulate (clause 5).............. 330 LEGISLATIVE DEPARTMENT— See Council; House of Delegates; Municipal Assembly. LEGISLATIVE POWERS— See Municipal Assembly, and the Various Subjects and Ob- jects of Legislative Action. Pero miunicipal ASSCINDLY yo. 73 2.6 doe ss on eke wee es 305 Sn eet he ASSEN DIV. sos ole as acid edn hase weal ee ee ne 320 [ ANNOTATIONS. ] and their limitations, general note thereon.............. 315-319 can only be exercised by assembly and mayor, not by reso- METMRPaMECTIa POTTING. a atc cee. Svs vteheke aleen dal tk siemens e eeae ates 318 Bity not liable for non-enforcement ofits... 53. cee ee ae 319 how far opening of streets is an exercise of............. 382 LEGISLATIVE PROCEEDINGS— See Municipal Assembly; Ordinances. LEVEE— See Harbor and Wharf Department. LEVEE RATES— See Wharfage. LIABILITY OF CITY, OR OFFICERS, FOR DAMAGES— See Damages. LICENSE COLLECTOR— [ANNOTATIONS. ] TAREE BOO LI OCT OG DY. viv 2a. 0/s, 0 cdot Nadas eR eae os wate 376 LICENSES— power to license trades, avocations, etc. (clause 5)........ 329 power of assembly to provide for levy and collection of.... 369 ART. ITI III XVI ile III III III II] SEC. 26 26 500 INDEX TO CHARTER. Index to Scheme, pp. 279-286. Index to Ordinances at end of Rev. Code. Index to State Laws for St. Louis, pp. 225-256. PAGE bankidicenses) how issuedia: 20.5 ee ASAIN Weare Ge Meet ahem ane 369 blanks ‘toxbe ‘returned 23 2e si oth ae aes eee teen care een een 370 forse of Water, NOW: S806. ai eine nikon ie aletan. tet eaten 429 [ANNOTATIONS. ] collections for, now transferred by statute to License Col- LQ GEOR (Nin de siete ase ot Phare, vee ede ee TCS Oe eT I, Lt ea 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 yanGWwhenuvold ysis oc, Aa ccn fee la ae eeat nee 330-331 LIENS (of Special Tax Bills)— street) ODenIN RS Fr ae el cc neem Rare EN Renee en ee 388 ; 414 other: specialotaxs Dilley tts ia ere eles een eats ees 426 445 Hm tation |Oiec Save Cite okies elses ce eT ON oc ea kun Oe en ne 415 [ANNOTATIONS. ] 5 F 389 Of (epecial -tax-billeices ee ee mavere werk sO ee nie ete ear 416 Of7VOId (special tax-Dill ClOUGTONALIUIG ania). ate Gee 420 399 of special tax against two lots, when erroneous.......... 405 410 ofispecial tax-bills; when attaching fac 9.6 oe a eee 420 LIGHTS— use of, in stables, shops, etc., may be regulated (clause 12). 337 LIMITATIONS— of Tien }on specials taxa eae ae ia oe eee eee ee 415 [ ANNOTATIONS. ] statute of, not running against city so as to lose its DIOPOLUHE 6 i) Fe phe cua cle 8 aude a Ree Wend ete ole ee ee 384 Dut .runsain favoreol CiCy circ) ae et tame arch orate en eee 384 ofactions jonvenecial tax Dilisw. (inn. i) cue one ae 419 LIQUORS— may regulate inspection) of 7 (clause DY sieu. . Ae cata chattel eee nad 362 PMN Melinerciey LO Day 1lS, GOONS DY. © cfi/acces cess ew aie cbatane eke 367 of auditor denied where no appropriation................ eM BE Beainse ecnool poarda to ‘compel ‘taxclevyt. .. mee ecu - 448 PeEroCOvorarsa lary? (tue OMICEL © ci-col ee ce eerie ai oe eee el 460 MANUFACTURE— of articles detrimental to health may be prevented (clause 6) 332 III 26 MARINE RAILWAYS— municipal assembly may regulate same (clause 4)......... 329 III 26 MARKET PRODUCTS— may restrain and punish forestalling of, etc. (clause 7)..... 334 III 26 MARKETS— power to erect, purchase or rent (clause 3)................ 328 III 26 city may designate place in city for sale of articles (clause ORME CRG Yow k SOL he Ra se one) eM ee ee RECN Wea, 08 So III 26 Condemnavon ol private: property Tors vas gay et Aca ae 385 VI 2 MARRIAGES— power to enforce registration of (clause 5)............... 330 III 26 health commissioner to provide for registration of........ 444 XII 4 MARSHAL— See “Marshal” in Index to Scheme; also in Revised Code. PratlapeneleCleds 1 Ory LOUT. YEArd 5.0. «oss aw por aks Crass oe Wher nucleus 344 IV 1 may have such deputies as are provided by ordinance.... 351 IV 14 Pe SEMIS EES ESN Sa eC) ch rs ot chia tah ag ean ls vole Sa oMenUanLe oer e CLD RLe i ease eae 358 IV 3 ; ; : IV 3 to serve notice of Snecial tax) DINIS hs. Sle tenes ike ee eke ener ie VI 25 shall keep a detailed account of the receipts of money...... 308 IV 3 shall report receipts and delinquencies monthly to comp- Ber ay Leen GP ne inh css deotg, nko wid TK nal od eden ee aaa as 358 IV 31 may appoint deputies with approval of mayor.............. 358 IV 31 ( 364 IV 47 Ie GOD Re Gass a ae oho On ha Sa ibin ee BAe HS 2, Aree a ware am MN - 1364 Iv 48 tomerve process of. circuit’ court, When.) i). ou cies a op a 388 VI 3 Berrotioarninet. 101) falseerelurni< 022 suicide wloin «rae @ sbepinm heelals 414 VI 25 MASQUERADES— power to license, regulate or suppress (clause 5).......... 330 III 26 MAYOR— ; to order an election to fill vacancy in assembly............ 306 III 7 to order a new election in case of a tie vote.............. 306 III 8 to approve or disapprove ordinances within ten days...... ee III 23 may approve or reject items of appropriation, when........ 314 III 24 502 INDEX TO CHARTER. Index to Scheme, pp. 279-286. Index to Ordinances at end of Rev. Code. | Index to State Laws for St. Louis, pp. 225-256. PAGE. ART. to submit to assembly statement of items objected to........ 314 III to transmit statement of items objected to, to register, when 314 i) veto! OF Ordinances yy os anise sie ee aR ee 314 III veto—how disposed of in assembly....................000- 314 III legislative powers of mayor and assembly................ 320 III and assembly, authority concerning election for bond issues. Earp | Tit summary power of in reference to nuisances (clause 6).... 332 III to ‘be electéd, for Tours years vice cee eee eee eos 344 1Va officers-appointed -DYvAs 2. Swe eee oe ae We cee 345 IV first appointment under charter to be for two years........ 345 IV subsequent appointments to be made at beginning of third year OL Mayor's (CEri. ae e cicie ein ie as tee eee ee en ae 345 IV shall appoint board of public improvements............... 345 IV may. suspend elecled oOrncers les ier vane tre eae eee rete pen eeens 346 IV may.itemporarilyo hilevacancies aves. 7008s Sees ae 346 IV shall notify council of the suspension of elective officers.... 347 IV shall’ present.charves to *Counel ly. ote nate eee eee 348 IV shall furnishvcopy:' of (charges to: officers....8 occa eee 348 IV removal: ofcappolntive: officers. DY 4.8 4. a ee ee 348 IV shall notify council of sich: removal=.. ace ee ee eee 348 IV may temporarily fill vacancies, whens ae cue ete 348 IV may remove officers elected by council.................... 348 LV; appointment by mayor, no confirmation, when.............. 348 IV shall) fill vacancies: created by COuUnCIT. -3 4.2 fie eee 348 iv appointments by mayor to be confirmed by council.......... 348 IV may continue to nominate until nominee is confirmed...... 348 IV new nominations to be made within ten days from rejection of riominee s. . 5 heed SES Se ie ee ce een eee 348 IV 349: IV qualifications Ofemay.0r 2s. a: eee ce sees Fi ae es ae eee {30 IV 352 IV not required to devote entire time to the duties of office..... 350 IV to remove or suspend officer failing to devote entire time to duties: ‘oft Offices. is 8a tease eran ed, ee ce peas ee 350 IV removal Of @MAVOR. Ge. we Se ees are ate a a tte RE ete ee ee 350 IV vacancy-in mayor’s office, how filled... .....0. 5.8). ee 350 IV may remove any assistant [or Callsew,. oe. ee eee BOL IV office to be \ineCity Hall eee Vian vie eee ane OL IV to be chief| executive’ officer of Cily +. se. oe eee SEGA IV seneral duties! of (MAYO. +s ee ciao 6 ee oe ee ee eee 351 IV to’ enforce ‘laws and: ordinances? guebdin asia ata a to regulate weight and quality of bread) (Clause sTi). « «3.00 to regulate price and quality Of P85: (CISUSEL ED) Sonia. wees ait to provide for inspection of meat, poultry, fish and vege- tables (Clause TZ). ie. ce ee sk Be cs ates We ales mad orm a's ogi to designate places where such articles may be sold (clause Sor. ihackr ee veneer nae Nee ne TE es o @ 8 6. @ 6 * @, « 12 (0 0 6 0 @ 6,6 je PAGE. 323 ART. III ITI III III III oe III II] VIIl II] III III it III II] III 1 III Ill III III III 507 SEC. 26 508 INDEX TO CHARTER. Index to Scheme, pp. 279-286. {nae to Ordinances at end of Rev. Code. Index to State Laws for St. Louis, pp. 225-256. to restrain and punish forstalling (clause 7).............. to declare and abate nuisances (clause 6).................. to regulate or suppress hawkers (clause 5)............... to regulate and provide for election and appointment of Officers; (clause: SNe ae as a ie ae ee to provide for suspension and removal of officers (clause 8) to establish salaries of officers and employes (clause 8).... to restrain and prevent riots and disturbances (clause 9).. to restrain or prevent dangerous amusements (clause 9).... to regulate or prohibit running at large of stock (clause 9). to prevent and remove obstructions on sidewalks, streets, ELC CIAWSONG Ly enatale en aiaiae eet eroe Reta hee ele Che bane ce to nee to regulate and prohibit building of vaults under sidewalks COLA NS OE Pee teeta la fmm te 2 Re eaten relies hah nr Oc une a, Re eae to impose and collect fines, forfeitures and penalties (clause ARIE PGMA eM Di Riiat Foe eR NS PRE SIN BSB ge TE os ein ee las to authorize commitments to work house (clause 10)...... power respecting offices and officers...................000- to protect rights of the city in any corporation (clause 11). to have sole authority to grant railway franchises (clause DD) eg Ne BR Nn REO tea COONS CPOs EPIRTID otk Ng a OR ence Pm to regulate and control railway franchises (clause 11).... work on franchises to be begun within one year (clause 11). free passes on street railways forbidden (clause 11)....... may authorize examination of premises in reference to clean- liness and safety, (clause il2) 3.722 hes wee ee en eee may remove dangerous walls or buildings, or require owners LO(GO SOP CElAUIBSE! 12) 8) ci BO Ee, Hil aee ieee eae a Gain eee aac may regulate storage of gunpowder, dynamite and other dan- Erous COMDOUNASC, CLAUSE L290 Caine oe eerie eee eee ee may regulate the use of lights and candles in stables and other places: (clause ylo) yy eave ear ee te atere wero ie ee may remove or prevent construction of fire-places, chimneys, ete=2( clause 128 oe hk Gre ee aes are too ee cue eter a rene may direct safe deposit of ashes and other dangerous rub- dish ( clause 123 2 hehe goa’ Cree aan, al omen e alee eee cee eee a may regulate building of partition fire-walls, smoke-stacks, ete) (clause 12 yr ei Bow Re he steed ae A ae may provide for safe construction of buildings (clause 12). may regulate or prohibit wooden buildings within prescribed Limits (CClause dl 2k x Gancaa oem eton atobe ete igs tual atts may compel persons to aid in extinguishing fires (clause 12) may compel owners of buildings to have scuttles on roof (elavse) 22 Vier ere aloe aes Lan een ee ane cee may provide for the support and maintenance of insane persons: (clause y1s Ji ny Fs Yel Vi ita areiae tobe at eae tea wie ale may provide for the support and maintenance of poor per- BONS “CCIAUSE LS ) ee atc a ao tae sales cutie rere, may exercise power of county court in assessment and col- lection‘ of, state ‘revenue (clause 23). 2.5 ree ae ee may pass ordinances to maintain peace and good govern- mente] ans) 14 ieee ee ba Tice Sa tae a uw &ddlacemenonnie sletat ek tastel may enforce ordinances by fine and penalty (clause 14).... fines ‘and :forfeitures (limited): (clause (14) 0 iy. ae ese eee aes may purchase, rent or lease real or personal property COLAUSE LAD cc eke cite 7s ee cee petec eet atta fx taal nalts an eee eee may provide for taking census of city (clause 14).......... shall enact laws to secure safety from fires in halls and OLiBU CHG Bree: MRT er gO EL ite ey pee cl 4 Se i ce IRS in) Bs forbidden to remit taxes or compromise claims .......... payment of damages prohibited except by a two-thirds vote gifts or donations or compromise forbidden, when......... ART. III III III III III III III III III III III III III III III IV IV iT III III III III II] III III III III Tit III III III III III III III III III III III III III III III Ill III iB XVI SEC, 26 26 26 INDEX TO CHARTER. Index to Scheme, pp. 279-286. Index to State Laws for St. Louis, pp. 225 256. {ines to Ordinances at end of Rev. Code. may compel attendance of witnesses ...................-- Mie POUM Der DLOCICLION: Of Papers wo veel wear cee wes eee Hisy 1aeuG eu Dpoei aA duces tecum (6's. os beans cise ies Baleceee power to distribute powers and duties of officers........... OWE LO) AR OTORALE, ORTICO Be ois in w a's os Pea i Dern bee LAU shall enforce restrictions as to stone quarries, rendering MCLOTIOBS CUS oaths can Soe & 3 tie Scene nate he le Lae eet SO ae Bia. Us UONES. OLAClIiY OfACEOrs yj... v..k Lema toes Cee ene. Bpecial Sessions Off ibew, alles V%-. Peas ets cle eeiieeas ae ke same, to what: actions to be confined, etc. .:.. 0.0 erence, comptroller to have a seat in either branch of.............. may increase number of police justices, how............. may divide the city into police justice districts............ may provide for holding police courts, when.............. shall define the duties of all city officers.................. Loiprevide fer purchase: of supplies. )3 60.0226 Gees Tae to provide for inspection of scales, weights, etc..........-. LOptetices tor such inspections: J ..6 2s 64a chee eee Le ee may require reports from city counselor.................. aAvVereduire1eral-advice from. Same: .e2sieciie te ee eee shall provide additional duties for board of public improve- STR ae at 3 OR ee Poe vay Wi ccBNG pie Galea ee ae OE ae eet shall provide for appointment of assistants and employes of BRA CRIM Dyce e Bidens bis" dc 4 nye: bralndple Hokterd de Tae Oar eee aed were 2 MYO WET Be TORGALE LOLIICES | 5. °2) snls! wie algea aie elaly eee e600 TRMTNA a BPE abe SEOUL) Aras CE: RE a: eB RU ie bP Th eee TI power to increase rate for payment of public aaih ANE 2 POO TOCELIS TI DIIC DULL SE Ll Gin oe nic estas tera! aus bale Pema enna separace sinking funds required, when. .o6)6s Ge. Vie ee aes nower to levy and collect wharfage, et@...i.5. S20 0kdN soe. appropriations to be in conformity with constitution...... RISMUR IO Cad EDD TOT LBLAONS 2 Sisco obs oalete od ek ar lee ae Le: all ordinances contemplating payment of money to be en- ROTEL MONSILLOLLOD | 6.5 5:5.shale oiehe eas ante ata e Hale LER Stat estavilen -ASSESsment. CIStrICLe wisi oie OU. ool Tete cea eanane b rate of taxes shall be established by fourth Monday in May MMC LROPOAT IG ue cn cae wid a (sates ee eh Whe kl SOG w ala ae Pi ean ead mre LUN FEU E CT) CLO IO 53, a1 bla tay p be aa dh, Grebe MIR ke Sinks Th TREES tee od ak every improvement ordinance to contain specific appropria- CRISIS % 2° 2 SAR A AS Sn ra Se Wm CGO Oak Ta AE? REN Rye nat RU Can SAA streets to be established by ordinance by.................. Sa MEMITTE SISO UEITICT U.) DL LIS, Sc2ic. bc sacv role sips ota ons Pataca atonal ecadohel votes two-thirds vote necessary to pass an ordinance for public REMOTE LON) bees kW LOTUS aay adden Gum aielaln Aaa Gh alert es kta enh menarane ordinances for all public work to be recommended by board CET FOVCTNIED 65 1's oy 2 oi crare xy abel at iat te Ata Te eR oh eI Pree LOL COULPACT TOY DUDLLC WOLK yo ues gcc «thew eneie may direct by ordinance advertisements for bids........... may authorize by ordinance the laying of water pipe...... Pee emreest re! WALGT TALES. eis. csi +s be iais, } Mucleelo voenms ea wieleleveteme may require report from fund commissioners.............. shall make annual appropriation for parks................ authority of to sell or lease parks, squares, Ghiyires was 5 proceeds to be paid to sinking fund ................-+,4.-.. sale or lease of parks, etc., recommended by board of public improvements to be submitted to vote of people........ power of in reference to street railroads .............+.+.. may sell franchise or right Of Way.........-..seseeseeeees may impose tax per capita, or may tax gross receipts...... may regulate running Of Cars..........s eee e rere er eeees may tax property of companieS......... esse eee e ee ee bee eeee PAGE, 342 342 342 342 342 343 346 352 352 353 357 307 B57 357 357 ART. III III III III III VI 509 SEC. 31 31 dl 32 32 34 4 18 18 20 27 27 27 510 INDEX TO CHARTER. Index to Scheme, pp. 279-286. {inaex to Ordinances at end of Rev. Code. Index to State Laws for St. Louis, pp. 225 256. may..rezulate«rates of fares) cia «cm «os + aot See ee ee width OL rail’ prescribed ..ior rar. s ciate aca ae eee ee shall establish a uniform: fauses aussi cee cee eee shall keep streets in repair between rail.................. shall require’ companies: to ieive bond... cass wo escent shall prescribe regulations for one railway company using the tracks of another s.r pee ae ee ee ee eee eee eee may prescribe duties of Health Commissioner............ shall fix’ bond: of Health Commissioner... .c.0.0e) cane Gee shall publish abstract of proceedings within forty-eight TOUYS sig close le ta. woetata cl elo e canes MOR: «te Meee aaa ae coe ee eG two-thirds vote necessary to print a document a second time shall determine the number of the mayor’s annual messages CTO DE) PTINTEGh a. ed oes eel ae eee ee ee ieee ae to provide by ordinance for the regulation of public pro- COSSION Si) Bis doe we lese lereg We oe detente ey Cachan eine: aint Cone Snead penalty for members voting unauthorized claims.......... penalty for misapplication, of ‘public.tunds jew wie. ees Oath) of: Office, cern CYS ue ee Soe cil ac ce erathten a elaels eee eae eee may inspect books of Police Commissioners.............. shall fix salaries of ail officers 2.0.0.2 sue ee eee eee shall not increase same during the term of office.......... [ANNOTATIONS. ] performs duties formerly in county court................ members of not to be interested in contracts ......... payments of taxes as a qualification of member......... vacancy in. bow. filled (oun ae ee ee ee is sole judge of qualification of members............... functions of presiding officers legislative............... journal of as VevidenGetce sc ainels sien genie oe arn eee de facto member cannot recover Salary..............+00- legislative functions of, how far subject to judicial con- trol——frau de ec eae cds t cat sheets ae ee nh tea ee Pec koe ie nae when acts legislative, when ministerial .............. a, powers of, must not conflict with constitution or statutes. powers of, emanate only from the charter................ Cannot legislate Dy Tresoliwklon we he. cee ee ee ee power of, to compel attendance of witnesses and punish fOr COMTOM PU: VE este shag hse ae ree oes. ie nee en ee eee special sessions of, what may be considered.............. may define duties. of OTncerss.4'. vine «ae ee eee Se ee members70L, are citys oihcersy.¢.55.. ee ee ee ee power. to create offices <0. cee hele ee ee Ree eee ee delegation of authority by—See Delegation of Powers. powers over railways—See Street Railways; Franchises. MUNICIPAL BUILDINGS— city may erect, purchase or rent property for (clause 3)... bonds for/erecti on) Of ace de ee ee eee ee eee ee MUNICIPAL COURTS— See Police Courts; Police Justices. MUSCLE DEVELOPERS— power to license, regulate or suppress (clause 5)........... N NAME— See Corporate Name. NAPHTHA— may regulate inspection’ of: ‘(clause+7)%.. 7.206 oe eee 320 330 333 A III III III III bd Pd bd bd bd OO bm pp 2 26 26 26 26 INDEX TO CHARTER. 511 Index to Scheme, pp. 279-286. Index to Ordinances at end of Rev. Code. | Indes to State Laws for St. Louis, pp. 225-256. NITRO-GLYCERINE— PAGE. ART. SEC. Tues roe vince Storace Of (clause 12) 20. 02.. hn ns weve es 30”9 ITI 26 NOISE— ° may restrain and prevent (clause 9)........c..ccccecceece 335 III 26 NOTES— power of city to borrow money on (clause 1)............. 320 III 26 no note to be made for longer period than twelve months USE ALSC LL ae Meters ee keer h nk Rtas, cee ety ood Aras ae) wet ee oie Mea be 320 III 26 NOTICE— See Health Department; Marshal; Nuisances. : at 358 IV 31 Prepocialotaxsbilliserved Dy marshals: oc vcloe sce ciety «ern © 114 VI 25 to defendant in condemnation proceedings................ 388 VI 3 Tomestrees. tuiprovements, etc hearing, 02). Js we eee. 395 VI 14 [ ANNOTATIONS. ] of meeting of B. P. I. for street improvements, materials, Ree ern Rete OUGE yas fuk, oc ix e HOM Ea ee eee Vt ee ee 399 Sreieteine or contracts for public’ work... /< 0. sel: seen 423 NUISANCES— See Health Department. : city may declare, prevent and abate (clause 6)......... aw A 332 III 26 summary power of mayor in reference to (clause 6)........ 332 III 26 on private property to be abated, when .3..<... 08 dius: sas 405 VI 19 power of Health Commissioner in reference to............ ‘ is at : condemnations to be approved by board of health.......... 444 OL J 3 Doce: to repor: to health ‘commissioners .s4.0:3)/ cee. ees he 444 XII 4 BerucOmDoaie OL nealth to be final.« o:\:. ew. ae ee ae 444 XII 3 Aaternetitenite TSGMmOyal OL! /. os sf leet y ae aaee are ae ie 445 XII 6 board of health shall officially declare.................... 445 XII 6 ROP ALION MLO OWHGCTS) se-8: 0. inne 0 ole woe is i opiate ea eae 445 XII 6 Pelier CaO rea fUTGTLO) ADALG osc: as stad see Wa ele a ee 445 XII 6 MOM eLESVORIEE NOW TLOUILICU. ois cork b.. vida wcecne 04 Coe ete oie 445 XII 6 Rae Rate ea PANIED SCALLION a. 6)a'a, ob) och ota teba: Creu cute abanee bial e teeth once ate 445 XII 6 cost of abatement to be assessed as special tax, shall be a RTery RANT OW ACOLLOCLEG « ))scs je creosote a eieonho © aL aL MAL Che 445 XII 6 BOnETAC tT TOTeRUALCGINONT os oo Oo. uaotas 5 geet eae lane alae hate damesate 446 XII {( [ANNOTATIONS. ] 333 SPeETeLeTENICES: CO. CISCUSSIONS 0.02% os lctenieacs emcee ities ale eine 10s 445 street railways without authority in streets are........ 437 Piiereriecis DY. DOArG Of Nealth er. iat wen ola peees satis eae 445 O OATH OR AFFIRMATION— TomeitietnperssoL municipal assembly s<...< 52.00 ert ee ee 305 III 6 may be administered by president of council............. 342 IIf 31 hnyeencawmer.ol nouse of delegates 0). sc a spiiclihuun em 6 be 342 III aL by chairman of committee of either house............ 342 ITI he register to preserve all taken by city officers.............. 355 IV 23 Time NOnAdiintstered «DY TELIStEI: Fs alesse ae ns bs sce ek ea 355 IV 3 Suermeoricermand assistant to takes 22 tee. vce eee ale va 361 IV 43 for member of assembly and all city officers................ 459 XVI 13 OBSTRUCTIONS— power to prevent or remove on sidewalks, streets, ete. LSI Ya i Pe PEE VAL Ra OOTP ge i rs 2 oh, asta 335 III 26 may prevent. or remove (clause 9) 2.00. e546 ils cS wk is ws 335 III 26 [ ANNOTATIONS. ] of river—See Mississippi River. of streets—See Streets, Alleys, etc. 512 INDEX TO CHARTER. Index to Ordinances at end of Rev. Code. | tnaex to Scheme, pp. 279-286. Index to State Laws for St. Louis, pp. 225 256 OCCUPATIONS— See Various Occupations. power to license, tax and regulate (clause 5).............. OFFICE BUILDINGS— power to license, tax and regulate (clause 5)............. OFFICE HOURS— charter: (provisions Tresuiarineiic oe. ween te oka Leta serena [ ANNOTATIONS. ] hait holiday ‘ont Satnrada yes Via ae ee i ei ae ener OFFICES AND OFFICERS— eneral ‘eleCLiOW OF Wee es cl) Giealerak bate Reena bio a t ee WraRa: qualifications of elected and appointed officers............. power to provide for election or appointment of (clause 8).. power to provide for suspension and removal of (clause 8) power to establish the salaries of (clause 8).............. salary not to be changed during term (clause 8)............ salaried officers forbidden to receive fees ................... office may be changed and abrogated, transferred and dis- tributed=-three-fourths' ‘VOte sa. esc e auch cies ateh ienedniys elet elective officers*and) their ternis; Spr ee ae ee ees appointive \orfiicers/and their, terms: scene oe ee tee Hirst) appointments: under, charters.) (vvnlee). soe ee ete es bonds of: topes fxed by ‘ordinance. . eee vain See ey eer bonds to be approved by mayor and council................ suspension ‘and removal) Ofi-f5.< cen che ee ene aie ene suspension of elected officers by mayor.................65. vacancy in event of removal, how filled.................. removal ‘of’ appointed officers. hy fre ac Rie a eh toe one tele vacancies; hows filledtyice se Cine ase eh neh aaa icra sire iene removal of appointed officers by council................ MAYVOr, tO Hi Vacancy SO;/Creavediycs owe eee ele eee ee appointments by mayor no confirmation, when............ appointmentsof officers by Mayors... 643 ae ee eee mayor’s nomination to be confirmed by council............ council: to: elect’ officers, (when. ta9o. so pee ane ee ee shallinot hold‘any state or Tederalvofmices 467. a wise eer officers to devote entire time to duties.................... Hours Tor NIUNici pals DuUsSinessw eee Vtech obra tee removal ‘of. elected (officers “by /COUNCIL Gy 5 hie ve ceran ated tastiaiees vacancy in. mayor's: office, “how flledy cus ee ask eae ts hewe deputies of sheriff, coroner and marshal................., all offices to be in City Hall unless otherwise provided by BLES TILLY, (is 25) ci crane Saws Nile we ee Rea rei tee ean oe remoyvel of assistants, of any officer. 52.2. sce rine aes 4 mayorto be: chief executive otficer’of city! iin. wee ee absence .of, mayor, Now providedstOr ie ones eee eee ce permanent residence to be within limits of city............ collections of money by to be deposited in treasury........... < duties of officers to be defined, increased or diminished by ASSEMBLY Ais inte oi cee Said oe een Woes, Foe cleats eaccer ae eek ee arnneey additional duties may be required of members and board of public improvements by assembly.................... addiitional assistants:and ‘employes... ... 2. . 54 sve eeewas ART. Ill III Ni II III III IV IV IV Il III III Ill III XVI III IV SEC. INDEX TO CHARTER. 513 Index to Scheme, pp. 279-286. {ies to Ordinances at end of Rev. Code. Index to State Laws for St. Louis, pp. 225-256. PAGE. ART. SEC. Ee POT LT OL LICOTE oi Abs reise sale wie We cael ava ote dt ee 361 IV 43 bond of to be given within fifteen days after election or BESATOEIEGIINGINES 3 6G aforuin cela whet OR ae eis ace Ut eh RR bl ee cE 361 IV 43 Per eeLILCCl Ss Cat OU NOs Co.cc... w wos ahs ein wis nkoreie ee G ae ee TES See 361 IV 43 Lormaaueceal officers’ qdefined:;.. 00.0. ea ee 361 IV 43 OulcemetO-Lorrelt’ office,; whens 2) A, danke dees ees 362 IV 43 difficulties between to be settled by mayor... ............ 363 IV 44 new offices may be created by assembly—two-thirds vote... 363 IV 45 BAM Mmake annual reports: to mayors... s4045 602. eck cans 364 IV 47 reports of comptroller, auditor and treasurer............... 364 IV 48 TOUULLEEOL: COMSCLOr And marshall eye atacand oe tials ee 364 IV 48 Fepure.ol. board OF public‘improvements:. 3.5. .¢.sor ts enews. 364 IV 48 settlements of officers engaged in collection of revenue...... 370 V 8 Nnusea DiankeeO De TELUIrNed ie 8s 2 ee ae. 370 V 8 prodre: OL alltprinting to be submitted: to.c5 Veigs. 42 eee 452 XV 3 criminal liability of municipal officers, agents and servants. 458 XVI 17 penalty for misapplication of public funds................ 458 XVI gi penalty for allowing unauthorized claims.................. 458 XVI Ww ii eal, COsesceed sob, 000) persannumur thi es eee 461 XVI 18 SalatyeoL OeCDULy timited. to .$2;500. sn soe si kee lee we w nee 461 XVI 18 Be eC LOL HIEU BL SUT ets ioe wa suas Sw das ea 461 Gal 18 fees and perquisites of to be paid into treasury............ 461 XVI 18 Alloes las ear toe pe.Dald .monthly iii eo Oe Se a 461 XVI 18 Cones naOices Until A Dril, ASTT & . 05 sc ccuw te a obi epeeeteleterece 461 XVI 20 [ ANNOTATIONS. ] transfer of former county functions to corresponding city OPN G LOTR Tol Myo ere cre aru iw Sk oad) ached ong Ris erates: Wiese neertts 292-293 de facto member of assembly cannot recover salary...... Le | PRL LICL LEO TS her Ge el sho og iso WC vie BBs ig le els Swe eee 363 de facto officers, whether can recover salary............ 460 ordinances of de facto body, when valid.................. 318 street openings begun under old charter valid on de facto Sie ts NOG) | page DAeras Oh Rane, Ca aR RPE OAT ERP RLS bn 8 ee 5 1S, 386 342 assembly may abolish office, salary ceases.............. {8 460 Ti Wet (ARSE) DLV LOVER 6a) <, sla pte ts caus!) s,0: pa) = = er eheete enim 363 CleeriOiie ae terms Of: OF ICEIS «osc oie dia: 5's ea yege le oc enele ohh ele lee 345 : 346 eee TREY PRET CO SISUS lana U0) 5 cya: trots 's10 ea al see wieeardee Whe Wee Suet gials 1 350 CENT et ee EL SCAT SOU a wo. vie: ely a's Sees bye aim eh myw iar Ge, epsrataral hui since ke 346-347 removal of by commissioners of charitable institutions... 365 appointment of officers, etc.—See Appointments. qualifications necessary for office. $.... 2.1... on Se eild awe 348-350 Noto pester estedsin: city ‘contractSin..) ia ets an is 349 SPITE LEMOLCU SL OAC UCICS Ac 24. ok og ce « 20a ve We ae ow RAMA Wie cos 350 PEEL A TELE OLLICOTS oo 5) inyt om. 2's als als alia on erm satel Sy elk ay eet iop 351 eR CGS OL OLLICONS. <8 sla v2 hoa te disie 0 ote atenn are hoy « 357 FIRIIE) TELCO TOLLICOTS ors © ass ool wo hy 26 26 26 26 26 INDEX TO CHARTER. {ndex to Scheme, pp. 279-286. Index to State Laws for St. Louis, pp. 225-256. {index to Ordinances at end of Rev. Code. Sere etre RT iCLy eT eiis Cy WILOTY Sara. fois Cohen Caen al dv 0:4) cen wale cic en aeaine ‘failure to make water connections 6 SD 80 OS 0 6 OSES 6 4) 6's 6 ow eo See C. wee Oe OL ee Rerttiver Or leport: GOGLD. « yc caleg giv orelacd Ry Si ele oie hae eee feuosunanected by charter, ;when...-.: < fs csen ceo as misapplication of public funds, voting or allowing un- PASETOLIEOO CIAITINIAG eke le 40 wi cid ose mee ea oie atone irae nese for violation of charter PERMITS— URSIN LER. GOW). USCC e Gres 3s 6.0 kia oe See kn Cerne water and gas pipe connections may only be made under.. sewer connections De .6 2. & = a ele ww 6 & 6 lew le ORO, Sie ae 1G (eee Se eee [ ANNOTATIONS. | from mayor void where ordinance required G6 4 °C, OOM! Se ele Ome mandamus to revoke illegal S O0 6 & Ge 6, 6 © 0's Ow te 6 610 eo) ws a tapal eae «ie PERSONAL PROPERTY— See Property. comptroller authorized to hear and determine allegations of manifest errors in assessments of Oe Ky @ 0 Mes OE ee eat ee. 6le ae PETITION— in condemnation proceedings oS © 6 8) ee 6 Sine @ 6) Wale) ioe eee ie eae ol [ ANNOTATIONS. ] in condemnation proceedings in actions on special tax bills PHOTOGRAPHISTS— power to license, tax and regulate same (clause 5) oc) a & Oe Bl © 4) pi ee. 6) Lele Aish eek ew eo iuery a O96 @. € mise 6. Vela yee, La) eee nee ee Oaen An te si Ope) @ el 1a PH YSICIANS— members of board of health, to be duties of, as to burial certificates 1.6 SO) 6) 8! CO ee © .8 6) €) e680) SUG e.e ire & oS @ 6 4) ’e.'e) 0, os (0) m6 a) @ 8) ae) Oe we tee PIG PENS— power to prohibit within certain limits (clause 6)...... PISTOL GALLERIES— power to regulate, tax or suppress (clause 5) \PLATS— Hapsnpdivisions or dedications, .etc... os... ee ae nmrrenerinsnccordance with law. i.v..4 e506 ain es es shall not be recorded until indorsed by board of public BIIICIPEPVOIION Ga.) hey cliln: «che Sie 0 toe, Oey a das de eee PEER POONER TD) LILES co ico. Sr 5c 2s! 04,3, ha ah ats ieee al te tae ee fompaenapproved by SurveyOr.. 2s 26k Te ele ee we [ ANNOTATIONS. ] Prien ign Of Atreets, GCs, (DY sccge’e nserel eos ape ote ae era ueemenare POLICE— See Board of Police Commissioners. no system to be established other than metropolitan ETT oP 9 eet ee rare rare e rk rarer er ly aoe “ officers to observe sanitary condition of districts....... chief of, to report nuisances... .....-- ss eew es ceees city counselor and attorney to advise...........-..+-. commissioners forbidden to employ special counsel at MAEM A OXDENISCS | 5.5.0) 0 3 hoe eee ee oid olery Wie misters ete deen expenses of force to be paid by City.......--+.-+.05-- VI III AEE XII III III VI VI VI VI VI III XII XII XVI XVI XVI 517 SEC, 16 28 _ et et 518 INDEX TO CHARTER. Index to Scheme, pp. 279-286. Index to Ordinances at end of Rev. Code. | Index to State Laws for St. Louis, pp. 225-256. [ANNOTATIONS. ] state provision excludes charter power over......... are ‘state. and -ClIEY: OLNGCETS coe ele ice cae wilene salaries and; expenses Of,, HOW, DAI sees ee pe ue hee POLICE COMMISSIONERS— See Board of Police Commissioners. POLICE COURTS— See this title in Index to Revised Code. city has power to establish B10" 67-012 te aso 18) ee Ore te Teak ene oe kb @ (ee ie place of holding O/58 (0' 0') a ... aan eee 2 eee of water works cannot be sold or disposed of.............. [ ANNOTATIONS. ] authority of city to purchase, hold and dispose of........ Sibject. £0 (Laxation ce hrs. tec Dee eee eer eae title to public, not lost by adverse possession............ title to, may be acquired by city by adverse possession.... dedication of—See Dedication. condemnation for public uses—See Condemnation. special taxation of—See Special Taxation; Special Tax BUls, PROPERTY QUALIFICATIONS— commissioners in condemnation proceedings to be freehold- (Yt ete Rah AR MOE OOS “wos eokcan Gaoeceoan oe dio & ObcG Die.o! cath O cholo, Oca ee PROVISIONS— may regulate inspection and weighing of (clause 7)....... may restrain and punish forestalling of, etc. (clause 7).... PUBLIC ADMINISTRATOR— See Scheme, Sec. 5. shall*be. elected-every: fourcyearseactae on sete ee ee eee PUBLIC BUILDINGS— rate ‘of ‘taxes: for erecting, how mcreased=..o2.5 235. ees revenue for “erecting public: bulidings:.s...- 3-4-5 6ee ee ee a power’ of “city)-to: issue" bonds ior. oor nti se ee ae ee PUBLIC BUILDINGS AND HALLS— powerto license; tax, etc (clause 5) ates erste chee nee PUBLIC DEBT— See Indebtedness; Revenue. sinking Tundsd 6. SP ee ee oe ee eee ete pate ee taxes collected for to be designated “interest and public debt TRV OTUs Oh ae ecclesia ew Se pan Wee Ul eae ea atl sean eet eevee ne PUBLIC GROUNDS— to inclose, improve, regulate or sell (clause 5)............ PUBLIC HEALTH— See Health Department. may be secured by necessary measures (clauses 6 and 14). may prevent business dangerous to (clause 6)............. health commissioner to have supervision over............. PUBLIC IMPROVEMENTS— See Board of Public Improvements; Streets, Alleys, etc.; Public Work. at: city's expense, “when./. .. 5... .0 ee 5 ca of ee ee cee eas Ge eee DONS FLOR Iyr ia s ass ee Se ee ee ee ie = hs PUBLIC LECTURERS— power to license, tax and regulate (clause 5).............. PUBLIC MEETINGS— pewer to. rezulate same (clause 5) i. owe se & pena ce en ereree PUBLIC PARKS— See Parks. PUBLIC PRINTING AND BINDING— register: to-bave supervision of 4/5247. ie ee eee ee régister,to CONtrACtcfOr son Sc ve kh fate ee eee etree Tiere ee Co oo ol VI III Ill XII VI VI III Ill wR) IV XV SEC. 20 13 26 26 INDEX TO CHARTER. index to Scheme, pp. 279-286. Index to State Laws for St. Louis, pp. 225-256. {tex to Ordinances at end of Rev. Code. register to advertise for seaied proposals.................. DG LO Dor emeneG In Onice (OL TOSISter cits... .co6 nek woe a ee eo bids with erasures, etc., not to be considered............... printing to be awarded to the lowest bidder................ Hide anda wards to: bé-reported to council... occ... s..cses e if council reject, register to advertise for new bids......... Porat eed F CCRECTOTAITIIY VA. WEALULS cle aie oe Sete oe che ais tees in ee xbece cs carat CURL Tati? OUD ILS DLRILUAD Siteiec Ghose ovo. paiyess eek ares 5, chetge lave es BR CHICHUIOIIBEOLY COULIACLS ere snie lets feos ged fork sae Picea aisle gp sce ics PLAT PU EGLE Voit Gar) Le aes erie ire ea a tv a ae ce an reek SCOT INIUI II OCT OC en tcciche oie hs By Sa Tee OF ep eee TOSLOITUSC Mice COLLTAG Grier dre kece a ia ache er tdeie wns Siveca S's pr to aces SC ractues GratOU) Drills ANG POITLU LS 9. os cme ordered eae Meteie ake deo register and mayor may contract temporarily.............. Pima ETOTIMO TRON: TALL OCS Gass nohlal ate ais tare fe mo peite chick taker IC pire 3:15:50 DUiCAtION«GL, Procecdings*Ol ASSEIMDIY . cee oo em a se cite second printing of documents permitted, when............. MEU AIROLIN tine Ol CLEY : CLOCIIINCN US is. or, aikele ver eck wom neste proofs of all printing to be submitted to officer interested. . to bind city for payment, prescribed regulations must be fol- FO WOUb er tet at et ee hele ais Bras Us aa as Gud evita wicks Side [ ANNOTATIONS. ] of ordinances within five days not applicable to revising epg eu keri te see Mea, ee = Me Dr tee 4) Sa eer ae ora ee failure to publish ordinances in five days, effect........ when unauthorized, ordinance to pay is void............. PUBLIC SCHOOLS— CICYFOICeTs: (0 Assess SCnOOl taxeGn.c 5. ise. coe ee ew hs CALV COLECLOT LO COLIECE SGN OO) TAXES Uo. 2 See re Rs ee ON beard.to ix rave. or school-taxes annually tes seid al SCHOO MLA SLITSeRTONGCOFLLIM TLS aotreates i's « chdtareite twee a Sue fC whens RTL VOLO TICLE a GL cee cele cecge a cele Sele k eae he otaiel is whe bepreeye COME OMe Oa RGIOCEGICLIONS ) aca e see eee a beiecae meet [ ANNOTATIONS. ] GITECLOL OL ISP ALAPOCLOMIGEr 7 tia. oe eee coe ble mwa e eee. NOALTUVOPeCOUCALION TOL se oer had Cemiea hice C8 oe Sd Rieck oe wile school board, nagure of corporation, etc.................. Sil Onl MOAT EO LeC UL OLS tor oe © ee Reet tenet. eels foul didn Sas, Se garnishment, execution, etc., against board of............ BISCO ERO EULECCLOES § OL ert ie cr ee ec ees Bie erat power to levy and assess taxes for school purposes....... power of board to determine rate of taxes............... power of board to include merchants’ tax................ PUBLIC SEWERS— See Sewers. PUBLIC SQUARES— DEVE ORL LAE) CUE SLO Wirral >< one cpabaroee | oh caeiee aes hase es tae oin abe ee PUBLIC WORK— See Board of Public Improvements. indorsement of estimate of cost of, on ordinance.......... improvement ordinance to contain specific appropriation.... ordinances for to be recommended by board of public im- PEERY TOL Oe Ses oie eet ar dis 4 oe ae eae terete CaN cy) x's tachi etw a's e XIII XIII XIII XITl1 XI11 XII SEC. © WNNN NHR H HEH eee ee ep pp OV OV Ol co dS 522 INDEX TO CHARTER. index to Scheme, pp. 279-286. Index to Ordinances at end of Rev. Code. | mes to State Laws for St. Louis, pp. 225-256. PAGE. ART. ( 380 VI : 395 VI Maintenance Or SUAraney foo ecs-o eee ete clea sock ee ee 401 VI be VI no Hiabilityof: city) zrowin2 outsobe Whentae.. oica). a4) eet i we : { 421 VI assembly forbidden, to"contractslor: a... .. > ace eee ee ter eee two-thirds vote of board required in case of............... when made, requisite vote in assembly.........../..-:.... [ ANNOTATIONS. ] against’ street Improvements see uiscc set fede ose a erate set eee REMOVAL— : See Council; Mayor; Municipal Assembly; Offices and Offi- cers. RENDERING FACTORIES— not to be opened within 300 feet of a dwelling, except by GOUSEN tase re PA aA re WA PERN aed reas PROD. FE Th NG Cong RENT— cityicmay. Ten Ce property.c’) eee. cue. ederim eencene etan s ee REPAIRS— See Streets, Alleys, etc.; Sewers. of- district sewers; paid for by. city.2.ee ieee eae ee ae eee requiring prompt attention excepted from other public WOL Kees cee acetals cata Terese ee enone ARES canaies Get ae eee [ ANNOTATIONS. ] of street paving, clause in contract for improvement..... of streets, alleys, boulevards, etc., who to pay.......... 454 292-293 394 395 403 ( 400 \ 401 VI oo het ee OT ~j 14 14 16 21 27 INDEX TO CHARTER. Index to Ordinances at end of Rev. Code. | Ines to Scheme, pp. 279-286. 525 index to State Laws for St. Louis, pp. 225-256. REPAVING— SCT ie he ate Re oats vo, ita abide oO wine betwle kaise” alintes as osteoma! aaa wie REPEALS— See Ordinances. general ordinances of prior date may only be repealed by SEeT TS ESAT TEN Oe RS Se ea! aon etre ae bah dae bias Sietdeac’ «seh aMaoute CIF SDECIGLC DALE (ACURA ita HOP in Aiea Feta iar) Os (Ph taatete wnleed Dele os not resulting from adoption of charter, when eo) 02d) a! 0 6) er ees Te ey 6 [ANNOTATIONS. ] of ordinances—See Ordinances. of charter or ordinance provisions effected by inconsist- ent statutory enactment REPORTS— chief of every department to report annually to mayor and aU CR VTE OOIT DLT Ol LO totes, aie eiaca arden ratte e niet ets te aretits © coats sc annual reports to be submitted by mayor to assembly..... of comptroller, auditor, treasurer, collector and marshal... NPUGATOULOS eOUOLIC TMprovemenis crcces cry slene hee 6 via Met ae of commissioners to assess benefits and damages in condem- PERS Pe Tei". 0 oo eae Pir Oe One ae AP ae OT hy ky eer ea Ne ce ar of commissioners on complaint of citizens against con- EPACLOTH Ee ory cate eee eh. uae Mee sche 1 BRS EREEL ee ote ede ORS 0) Cel 6 Oe .8 w sere 6 a @ ® ere 8.8 8 6 ¢ w wee RESIDENCE— residence of officers 1b sa oF al a ele ©. £ S Je Gus Se. .elw 9116 We: @ Ge S ce 6.6, 0 #48) 6) eB! ©: [ANNOTATIONS. | and citizenship as qualification for office RESOLUTIONS— See Municipal Assembly; Ordinances. RETAILERS— power to license, tax and regulate (clause 5) RESTAURANTS (OR ORDINARIES)— power to regulate, license and suppress (clause 5) REVENUE— See Appropriations; Collector; License Tax: Licenses; License Collector; Taxes; Treasurer. of state, power same as county court of St. Louis county (clause 13) Te, O eNe Oe 8) el eee: wher ve Pi © ofa. O16 esi -el 6; 6 «ise tiles ¢ we 4) © Js * Ge. iene 67616, 6 C0. 6 0 Ce @ 6 6 .e/e 6 O16 ee 6 € Cher © 18.6 © 6 6 6 66 6 6 0 atiecollections to. be’ paid into city=treasury.: +o... sce ce See RIETatitGrt PEM ILE DPOROS et de ok eee ee lie hots oie en ee tke for erecting public buildings levy and collection of taxes rates of taxes eRe) by eee ee) O86 OOS gw) & Se) ees, 8 e) ole eee fs CAO LON e 06S ee STS wb Bene oe! QS. Sm as 0, @ 8 isl 16. ¢. © ee mW Of Waa) @ & 616d. ee) C.e he, S.C ‘eaters. @ Wiese ie 610 Oe Le © 6 648 © mw is: 6 EL ole Si 4),,6) 80 ee 8 6 18 payment of taxes, how enforced A TOMELO Es VALEUR LEO ULL hee eee at ae aes coy e Bo fade ae won Beek wh PBBTIGLOL ORD et LICGIIMe LCs a te ae Me hd awie Lp estate ie Ee dese taxes collected for municipal purposes designated ‘‘municipal TRV OIC ee 5 cant eotra te Copreae Bod BE eo: oc RS TAO Rae eat AGs taxes collected for the payment of the public debt to be designated “interest and public debt revenue” classification of taxes ie) ea 6 8206S Coe a We |b) em 6 Gey © 'e) ek) a 6 ‘ee 6 Bsa 4 o © o Scere Se eee! ee Oe ee eo Oe) ee eee 6 bh) ee Sis, Se 6. Lee ART. V1 Il VUul XVI Il Il dd < 355 IV 23 to affix same to public instruments and official acts of mayor 355 IV 23 to certify under te copies of original documents............ 355 IV 23 SESSIONS— See Municipal Assembly. Seer DUeTER UNE A Ak SAGs Siac cig pees ree wr eaa et Oma ELL Cre e Stee » ys whies 6 308 Ill 11 OEE LS eh is aS aS oan a EAE Nn a ORR ie oe een sh eae 3D2 IV 18 [ ANNOTATIONS. ] POBEi a OF TUN ICINAl ASECINDIY oasis ese ss dis ete be eee s 352 SET OFF— ; damages and benefits in condemnation proceedings.......- 393 VI 11 SEWER COMMISSIONER— M NN TTT TEENS OL GAY aah acts Hotes ob ine Detcagss Bile lo Fque int yen ee tana ee ond yayo s. 345 IV 2 POR DeSaDUOINTEN DY TOAVOD.. 6 sie soles ee Oe ee le ee es 345 IV 3. 8 [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. shall be a member of board of public improvements........ approved Dy COUNCIL, s 26:5 ese w eck oes ie share epee ene wh tea shall devote his whole time to duties of his office.......... shall be head “of seweridepartment.22 +20 eee ee ee oe shall be responsible for action of his employes............ shall:;shave charge ot all’sewers a.) os oe ees Cae alae assembly may provide additional duties and employes...... shall*‘make- anmiual’ reports (o°mavor: 7-5 eee ae ee SEWERS— See Special Taxation. power ot. city Sto, issue; DONGS 1OF: + y..4 eee ae eo oe oe power to construct and repair (clause 2).................. city mnay rezuwlate use of. (clause:2) .., cee een Ge ce ee construction, repairs, etc., of all sewers to be under charge of sewer commissioner... oc... 500 ee ee eee a ai ok ae condemnation, of private Dropercy Ors ee eee es oa ese classification: of sewer: System... te eee eee ees public. sewers) defined .42 7.0 ees a ee ee Ae district_ sewers defined... 7a... . a eenreeie cfs Ve Ah ae joint, district ‘sewers defined: si 33.5 ee ee oe kk private sewers ‘defined s J 44 ws. ne eee ee district sewers, establishment and construction of.......... district maybe ‘changved.. .. 3 ac. ae eos ee. special taxation) for authorized; 22.4. 35 eae repairs and other incidental expense paid by city........ reconstruction of, permitted at expense of property...... joint’ district sewers, how established. +. ..¢c2 see eee. special taxation for how levied and assessed............. when territory outside of city limits is drained, apportion- MENG OL EGR. yi ye eid ess es aw deere ne ee a, may be constructed) inisections.cs } ase eee een ee ie private sewers, city to be at no expense for same........... sewers and drains deemed private... 2.) es ee ee may beéacquired Dy ‘City 0 oe oe eee eee ae special” taxation ‘therefor authorized vi. 2e-e ewes. ee connections with other sewers, compensation for at option OT CLEY Sabie one vente wo ea eee aoe o sek Lule te TENG OE ate cet 9 2 [ANNOTATIONS. ] connection with denied until special tax-bill paid........ city’s right to lay, superior to water company’s rights.... liability of city for defective, or for overflows............ classification of; under ew .charter. 15 ao eee sw definition. and; Object.0fs. 8 poe. 7. cole cn eeeenieiaie’s cae 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. <0... cee we ee in whom discretion for construction of, vested........... SPECIAL BCAKACLON —LOT ais nie a teset sacneta wea we ee etait eee Penis pedi Soe ordinance for construction, where to originate........... repairs -Of, SNOW! DAI ee te eal ees ot lee coe ee ae ets SEXTONS— shall make a weekly report of interments................. penalty for permitting burial without certificate............ penalty forsfailnre tosreportisaccis ak cee Gee ee ee eee SHERIFF— See Scheme, Section 5. to be: elécted sTormiiourrVearsy no. Ole. 60.6 0. i0: a8, OF Ss Oe. CLO Free A 66le ene & &) @) 18, 1618 SMOKEFLUES— power to regulate construction of (clause 12).............. SMOKESTACKS— ® power to regulate construction of (clause 12)........ aprons SNOW AND ICE— [ANNOTATIONS. ] Beerinesetree. clear OL, 16) Police DOWEL a. 00 lk ee i de ee ee liability of city for damages caused by, on street........ SOAP FACTORIES— power to prohibit within certain limits (clause 6).......... not to be opened within 300 feet of any dwelling.......... SPEAKER— See House of Delegates. is presiding officer of house of delegates................. ROE TEE EI EMTIIY GE so dia N w'nce Kate eerie ehh s vA P widlous le ei Gul dimeiea’s eee MneeI Tl UNTIL MAY LOTR Pe. arty (i a hee rd eal a eA es wg ates we Qe nS oe [ ANNOTATIONS. ] TmneeOruCe at Wille Ol GGlORALCH. << ceesis so Vie ses ccs peas oe SOE Gis Ca EOE 0 i ee as ee a Se eee eer PAGE, 329 ART. III III VI VI V1 VI Ill Ill III III III Ill IIT SEC. 26 26 14 14 17 18 bo SSO Wl os or) me bo lor) bo mr) 530 INDEX TO CHARTER. Index to Scheme, pp. 279-286. Index to State Laws for St. Louis, pp. 225-256. SPECIAL ORDINANCES— See Ordinances. SPECIAL SESSIONS— See Municipal Assembly; Sessions. SPECIAL TAXATION. See Streets, Etc., Area rule and Front foot rule. TOP: DOUIOVATAS do tits eek eis See eae ache enone et eke, ciate Ac mer ahs Sharan aot levied and assessed according to frontage and area, appor- TEOTLINIGT BS) Ay Re Mae Tae UPS rn UN he ee cee at nA I {inaex to Ordinances at end of Rev. Code. NZHtcor tachlon On WEXLSCS Yes cee aan oe Gee er earn yeti) vat at benefit and assessing district, how established............. for construction of sidewalks, apportionment by front foot PS Ue Mex, a Sila lav wie sa ale faleae te. ene auire ee elas eneaatie ie Conn MUMMIES DORE eae, for admprovement Vofiialleys i ditns cider case enene iran ame anen as oh ae apportionment of cost of improvements................... portions paid by city and property owner respectively..... NOMEXDPESS CD arver WLM Ce. Cain alice taletaratetete ene nee Lane es LOT A CISULICE SC WEIS orcs 6 5.0 Gina eee ech lel hiohe ket ane et ty Name oeTN rie aS POP IOMCISTICDN SO WEIS. 61 Ciera: cial ks Mae et Siri Me Se a LOTEPTAVATE JSO WETS ie Nil chee ial Greve itae olkel ASUS 1p cite ete Hee cera a ak oe area TOT StTeSt SPFIN RUINS ees Pusch te alo lake anata ne ed eae ae ee [ANNOTATIONS. ]} distinguished’ from ‘condemnation ...... 0...) Sy ess distinguished from general taxation..................... upheld as ‘exercise Ofilaxin®= power. isha et aaerele VALICITV OP i HALROTee S haa SUN nnn torch Dt ota ee EN creates ML what) property is subiece tOce Meneses we enc int: ee Henenel AIStrice: {cc weR wae. hee ee, gene eer, Ma tht Emenee owner concluded from disputing benefits or necessity of WORKS rere: We SIC BAT AEN EAB ghar tn dN) Sym cecal Ue Ha Tete So eae or EOL BOWELS a prcid cin late aly a ake so catelar mul Mich cha Wane Mapa alan CUR tna manana ats nature of liability under, actions to enforce, etc.—See Special Tax-Bills. how far in rem,and how far in personam...............+ not regarded with disfavor by the courts................ for sprinkling) held: void (where. js eee ae Ye ae eee aye LTOT DEPRES Ae w tas eae are) Shelia etd ve GFE cue RESIS ve oa Lene SPECIAL TAX BILLS— Marshal LOVSErVEUNOEICAT OR si tired ta ale cmt aie lat ee ene eer ee to be authenticated by president of board of public improve- THOTT Ye Re en Nl an vwbreise ROU linea c ghe le fc aia at eames Dice PAGE. 380 395 389 414 (389 } 414 426 | 445 389 415 395 396 f 396 \ 404 { 404 411 404 404 410 411 412 426 387 397 (397 1 398 398 397 138 416 397 {3 419 398 398 398 | 390 399 400 409 410 416 417 426 431 § 358 (414 361 413 ART. VI VI VI va VI VI VI XII VI VI VI VI VI VI VI Mg VI VI VI VI Vi VI IV vi! TY, VI SEC. 22 31 25 41 24 INDEX TO CHARTER. 531 Index to Scheme, pp. 279-286. Index to Ordinances at end of Rev. Code. | Iades to State Laws for St. Louis, pp. 225-256. PMI EME NOR ITs She ee ee ee es ee 2 lee Tl 417-418 PAGE. ART. SEC, SIT EOL Wi TIBTs CUM OINT ALLO ite nl tate ony) alten Bisleane ccd 389 VI 5 ; 410 VI 21 OMAP C OCR WALEED CWE’ SY OTIC Gs cl ooo di Tne ted ae EA Pec th tas eae {411 VI 29 how made out, registered and delivered................... 413 V1 24 Ca ar GE kG UE Ea oth Eee eee ea A ee a DLA pane At 413 VI 24 PPR a Pe eral ate a Lee aire TEL wah Cel os Rein td ae TRIE aoe aie Oh 413 VI 24 eee a {413 VI 24 ReeIEPA RELIG ELE Verte CAL OTL ame bce iee eee ds Poh co lk ed ihe gb elses clad bette sd atime a 1414 VI 95 PIMCOGOLSOAVINCTLG LOUNGE. TIOSIETIGLO( hc sree pers sia sicle by cg alge 413 VI 24 PR OCeUo Lit Tae OL GONLECUOT ps ste ira) ai nty’ Halahalels ol dGigioslla aio th 414 VI 25 Wer eeeCIL EUS OR SOLES Wey hal seh er ai afer ss dials at Gotv! phd f sie. cl'el f'dlaoM sean Bel 414 VI 95 EMME E MEI LP Pe tee TENG UET SD weer co ate ord ok wa sas hPuhale dies a! a Reta Fal ew aie he 414 VI 25 suit by attachment against non-resident on................. 414 VI 25 certified bill is prima facie evidence—defenses.............. 414 VI 25 certain, to be divided into parts and may be paid in install- TELM tory en are aM Mateos oo edaat ath lh Bie gata ten un Ge Moe 414 VI 25 See AE TERT ON ITN. 4 CLOLONIBE 2 0). ths a hs als ese ons Sie Peete wah ete at 414 VI 25 eT ROLT ae eee a Ce ky te Au, be cocks eur ras. cia teen ure 414 VI 25 effect of non-payment of interest or installments when due. 415 VI 25 MEMTPLRIVOLOTIMOL® LLCTE LOLA geen ahalee ack ehh ore stein ove whatateie Sie de ae neues Wi eek 415 VI 25 Bir OT Batts ACORN OL 7 cy ac wis & «avs PR erebi gs bien 8 ete Neate ate 415 ve 25 UMM EPORTY TAMLY St Where Nan wig ka «aise as oe SHr-oF DE CAEE Nites a ah a av aR, EN ayo ah he a may be assigned—formality required...................... 420 VI 26 MEE UTM EYE TIC ICI LIL on uy HU, eet Vela te dutata) Sdacee e eile! gigi vets’ Wat aha fadla-w Oe 426 VI 29 SUPRRIEET A CSC PTU TE IRALIICOS wratghs tact tlio. share fig abel atuie aie apenar ae e! o'pe ete 445 XIl 6 [ANNOTATIONS. ] not paid, connection with sewer denied.................. BY A execution or scire facias cannot issue for, in original street 387 THULE ES TY OCCCU UR tig a PAN ange pier hela et tte Saale aera ey 329 for local improvements distinguished from proceeding to CREO TT OGLE: CULO. terre ara S Beet fe Beers wud tet tad e ahems SOO ENG 387 399 lien against two lots in one judgment............. | 410 foc work where partially completed 2). oS ewes sae aes 400 MEIC OLS DATLO TOL SCLCEEN s culale tots the etait wink alla Wraps Stet ecelsi's 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 CE COUSIN cab a (C2 U0 ag MO) TR BD Sole teak OME Orr wrath Sf ts ate Rr 406 fees POU Sg ll Je Fe lear bere, Saad OF PS Penta Fekete ie Ban arn SE Ar ON ames aa 409 must be founded on proper assessment................... 410 for sewer work is not exclusive remedy of contractor.... 410 PMNS A TATA ORE MPL i LOL? VOLS ei renter cjatere oF acaete hate ane oa te 413 amendment of, irregularly issued or void................ 413 computation, levying and assessing by president B. P. I.. 413 MEetLUrercOe DY: NICHIGONL 1D... b. Paes foam cam Be ene eet 413 Bret y ON LICH a WICH VALIC Sa cera erin s oie ec ce ate ell as eal eG MUR REA S IE Tg) dg Ge i dh Pe Aa a a doe RAN LOK SUT Micke Oh Kae S 415 reduction of amount, because of defective work.......... 415 actions to enforce, nature of liability on, essentials of... . 416 Meter men DHE DMDLIC DFODGILY. «i ciatsllsse Setar aik alee gels sce eb ors 41€ may be issued against what property................... {305 what conditions and compliances necessary to recovery on 416 technical defenses to, how regarded..................... 417 actions of officers, presumed correct, in.................. 417 532 INDEX TO CHARTER. Index to Scheme, pp. 279-286. Index to Ordinances at end of Rev. Code. {ndex to State Laws for St. Louis, pp. 225-256. detects in: GOMDNUtINS Fy. ee ets cates alo riche eyes eat reine cen te must be, based on. valid: assessments), 2. 2. 2. eens es real party tin-interests oy 2. Se Pe ee Se aes eee rete eee description aft property Mia... b oats sv asics aie tee attachment€#in aid Of sult: ON si. oe ates a er ee oan eenen demand: before. action not required: .. 05.0 4. 023155 «eee ae ahlogzationssine petition fi 2 Sor w tic wa eieccie vi aie as aus eae ene ee how far pringa facie evidences: 7. ce. sone s wee eee aoe esteppel: oftmwner-in sult O12. oe eee eee limitation pfsactions On UA hae cite ese Ce oh eee eee delivery ‘presumed “When. fe. tie ey hak nd wits be ele ero a eae ween ) lien pattaches vsti se sare rie cond ecntete il ists ect ae liability of city to contractor, where it prevents completion Of WOTK ES k ss Ay se Sie et aie 6 Dee nae theta eae ee Installments) 35) chase TE ieee peeted ciate aTaieta hal ollc cnet chat d ane oe AMBIT! MEE Goin alee ha cee come PARMA ats LL sea aye heiee MeN paren sine Ti notice of letting of public work, and delay in letting..... public work for which issued—See Public Work. delay in completion of work, when defense to suit on.... not defeated because space between railway tracks not im- BVOVed | DY. CONCTAClOr ss cesar serra et, areca eee ae railway depots and yards are subject to................. SPRINKLING— See Street Sprinkling. SQUARES— See Public Grounds; Parks. city may establish, regulate, etc. (clause 2) STABLES— See Livery Stables; Sale and Livery Stables. city may regulate use of light in (clause 12) STATIONARY ENGINEERS— may be licensed (clause 7) STATUTES— © Chet) 0). kd” @ yes) 6h 916) tore © (Oba) 6 666) 09.6) elie wt Fo We Sb Ce cet .e) ea ee, oe) 6 ee) ee es, RIO. w) et wile, sel wie) ne et (6, [ANNOTATIONS. ] overrule conflicting charter provisions or ordinances, when what is a conflict between ordinance and................ providing city to be treated as county, when of limitations—See Limitations. STA VES— power to collect wharfage on (clause 4) STEAM BOILERS— may provide for inspection of (clause 7) may license engineers using (clause 7) STOCK DRIVING— power to prevent same through city (clause 6)............ STOCK YARDS— power to license, tax and regulate proprietors of (clause 5) power to prohibit same within certain limits (clause 6).... STONE COAL— may regulate inspection and weighing of (clause 7)........ STONE QUARRY— See Quarries. STORAGE— power to regulate storage of gunpowder, etc. (clause 12).... STOVE— may remove or prevent construction of (clause 12)........ O16 3,26 0) 6 eo ‘6, 6p 6, 6 & eu di wily: » obeal se) eal wt a) by aes ® PAGE. 418 418 418 418 418 418 418 418 419 419 419 420 420 420 420 423 425 439 440 OoT ART. Ill Ii Ill Ill Ill III Ill III Ill Ill Ill iil SEC. 26 26 26 26 26 26 26 26 26 26 26 26 INDEX TO CHARTER. Index to Scheme, pp. 279-286. Index to State Laws for St. Louis, pp. 225-256. {inaes to Ordinances at end of Rev. Code. STREETS, ALLEYS, ETC.— power to open, vacate, improve, sprinkling, ete. (clause 2).. power to grade, light, clean and repair (clause 2).......... WRC CLO ree CLM IESO acs) 75 dere y « ar Ling. ketone ide a hates ate board of public improvements to recommend all ordinances for street improvements and openings................. foray etc. to contorm to established ‘streets... oco. sen cde se map or plat of new blocks, etc., to bear certificate of re- SHORE) tLe ARVO LEMOS can) cea: 5 Ua V'avarel tie! Goeia GEG bee ewe b cuera sie map or plat to be approved by board of public improvements dedication to public use of streets, alleys and public places city not liable for damages for taking building on proposed, eee Me OE ot Lee ire we CONN e we halal aera Scere nna aheianiacd limitations as to heavy hauling and business traffic, condi- LOS an, tare Pdeena ea eed ea eR ene, oh ete Soleus Fhe ees 4b HOUR Vet Le Meee a ote teen ee Pra gate oooh. 4 he whole 0/6 Eun wy aes Mh ws GeO int ee Or DOME V ALCS tee pee iets ler dakese 4 how ites Hack opening, widening and altering same can only be done on recommendation of board of public improvements..... improvements to be done under contract.................. condemnation of private property for....... Pe CAE] ny CieyECOUlSeLIOLy Loe COUUUCU- DYOCeCOINGS . ee a eek te ak as ree CrIMRC) PMMT SAL EC] ON) ree, RS oat ced hay tier os ee ona: n 3 deae isi ace, 4a) 6am eedwetale Se PEC RIE LOTS Ca titre lat fae tedar ee tata Saal ayes! cunle lela sige tole POiIGe LO MOGCIANU AU EA sedi iy wets bac is 4.ahhe ois Agito ANG Fie «SOT RTMCeeS LOT eT SCrVens UV. CIUY CITICISIIALLE 6 cleo rates oS vette ae Reet) Vas TCL) LESSER A ENIOe MeMESLe s ee tock sicig wv thehtte adie core eats spas eet sk commissioners to asSeSS daMageS.............02 cece cece PRTUITISATOMOGrE COs bent PGGITOIUIEES 0078 clits 2/5 weeks ss boc oa eRe Pa tOtl a Tm ina kG ATO POLL Ante nets iia tare UO. wig! satetere oe duty of commissioners as to damages and benefits.......... assessment of benefits to be a lien against from date of final RVC TIMOTL Mae eae ete FR hae ORM ee, ole Vets SY ae RC vie a Ale Lace atieu's benefits in opening alleys, by whom paid.................. report of commissioners to be made under oath............ report may be reviewed by circuit court, when............. Bale DEOCEECINGS lO W wal aa ones dale aute ssi eels otis vente ra le «5 report of commissioners to be submitted to assembly....... BAM rOeLO SAL DCO VE OL) GIS DDLOVG crag otleilels oh salem Ko Shee Bicnt O-city, tO Withdraw Proceedings... ois ce 6 oe ak Rereiiraw olaloe Dena ila LOT? Cell VOATSs osc seis e salen tee ale hosts proceedings may be renewed, when.................%.....- final action of court to be reported to comptroller........ PonvEtO. De LUT AISNeUT tO AGSCMDIY .. 4 cise oie cea e bebe Mae Ses eRTE ATI ACION | LOU DAN he UL OS oc sits. i st Sin hod la seni a) cio see eae 8 mine failure to appropriate to operate as dismissal............. PEI eA SL? OE AIG INCO COUTL, VWIKGD idee yi eat. ocho s Vig sen cies praprovemerts tO Proceed, WGI. .).5.: Fg iiss. i. cape Sikes Pree Talo LOT: sPaAlliCuLar USES ¢ .y ata sole « splot. dss peek ence 400 meeting of board to consider proposed improvements...... improvements how made and paid for.................... Sa ETE AIEEE b> og Sek dh a ao tod ara Pepe's RT WaLE RS dha hk Grete HE rs Qld 8 UME RTE LS AMEE POULT si ob ate oi Pirated ale. ee Tele nigh tpe diem, of mie v0) ¥f a 3 SERPS SEPP UN | Ol / o0r 5, 0 06: din 6, ls, UR iae 2, ReMi vnesearelayspnel Oe Byls specifications in ordinances to be recommended by board.. must be established and dedicated before improvements eI Renae Sy eo Pais Ce hack aha tars a) Box! eka.» PAGE, 322 323 ART. II SEC. 26 26 26 1 2 14 i at? 27 1 L 1 1 — ROTH HE bE OP FP Ret wWM WwW Ww ~I1 bp wmowwmowwowoonnon 534 INDEX TO CHARTER. Index to Scheme, pp. 279-286. Index to Ordinances at end of Rev. Code. | Inaex to State Laws for St. Louis, pp. 225-256. vote of assembly on improvement bills.................... apportionment of cost of improvement.................... the: portion (to. be) paid Dy. CECY s. teas hoe late ads eee re, awe city to pay damages caused by change of grade, when...... special tax bills for;DOW MAGE ONL de des cee cla + ice teietee improvements to be done under contract.................. ordinances for opening of, repealed................-2c200- pending cases to be conducted under former charter...... [ ANNOTATIONS. ]} CONTrOL of. StALOTOVER i weet ces Sas oisicain is Stone Rene for what purposes may be used—use must be public. obstruction of, when permitted, and when not........... what are proper uses of, and what not................. vacating when NOt. permissiDleu. one cis. ees te sre rece steam railways in, when ordinance for void............ street railways in, when ordinance for void, etc........ vacating; effect, irules, (poweres. cn eee eee ee ee eee liability of city for damages for defective, etc.......... keeping’ clear of snow, and-ice; ete. 6k ieee cles fe LeMporary, ClOSINS "OL sy ee ee, ee sine el meee erent, opening, widening, etc., nature of proceeding............ elevations of, who determines—city directrix............ opening and improvement of, how far legislative and howa(far ‘ministerial oo. ae ie eae beeen elon what is street, sidewalk, highway, what included....... distinction between streets and alleys.................. free bridge across Mississippi is highway............... special rights of property owners abutting on............ ownership: ofsfee, ind whomeds teu Was ieee siren ee vee How westaplisned jy evenc nye tue we oe ete ele een en Eee a all mete dedication of—See Dedication. as boulevards—See Boulevards. condemnation of property for—See Condemnation. openings begun under old charter after new de facto valid proceedings for opening, widen, etc., what necessary.... effect and conclusiveness of proceedings to open, widen, OU a sii Ei bel ancl wb i cWAdes teh a CLR Renee rs Lolbe litte ta) in CW Se arene a Bey opening proceedings distinguished from assessing benefits for local improvements and taxation.................. parties to street opening proceedings.................... damages and benefits in proceedings to open............ exceptions to commissioners’ report................+08- cost) of / condemnation proceedings. o.. east hoe dismissal of condemnation proceedings.................. APPOAls POM Fes eo yehek hss ie ve laisse la ha, ruta os ARR UC nn ote nn ee 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.... improvement of parts: OL iene cia cu ce oe oe ee remonstrance against improvement of................... 323 fe 386 386 387 391 392 393 399 400 400 401 INDEX TO CHARTER. Index to Scheme, pp. 279-286. tndex to State Laws for St. Louis, pp. 225-256. {inaex to Ordinances at end of Rev. Code. DERI IRCerY POL AEE VETIONC COL set a Ge bein ee ea le AT ae tioe tin os guarantee and maintenance clause in contracts for im- NEE Meee ni en ata CE Talia Lig Wy ane Pela ale ae aval bon bse specification of materials for paving, by B. P. I......... dedication of, before improvement (‘“‘proviso’’).......... ordinances for improvement of, must emanate from CRANES SIO OTAUG 7) CLSCUSSION oiiscp keels ale-crosel'y Sloe lo Beara wee BC VF Wa LIE eee athe ahaa eiaie ar dns Sha ovale viet w vigielelo dads STREET COMMISSIONER— TS ag OI ty 9 Car ee ee 2 ol a BY Eg eR BALES OG, COUCITICOMT UO VPILIA VOR y cicceric te todo Hievaie had ae are atmo shall be a member of board of public improvements....... POCO ae OUDLOT LY Cer cid)! de vice Sra SRE sial e & Vinke WatReGs orate shall devote whole time to duties of office................. Shall be, nead- of, Street. departments i twee oeiale t Gaede be responsible for action of his employes.................... shall have charge of construction, reconstruction, repairing and cleaning Of Streets, "“AMIGYS), GlGa Toe iia eats da eee assembly may provide additional duties and employes for... BUMIINAReraniial TeNOLte: LO TIANOL is oie sis) accor. o alalolaiieg BO ate te STREET EXHIBITIONS— power to license, tax or regulate (clause 5).............. STREET RAILROAD CARS— power to license, tax or regulate (clause 5)............... STREET RAILROADS— power to license, tax and regulate (clause 5).............. city may regulate fares, trips, repairs of tracks, kinds of PalScan) VEUIGles ( CLLUSO MEL) acy a's ana a atoms She emer alate be free passes on, forbidden (clause 11)...............¢..... Dower tO £rant tranchisess (Clause. 11). 2.24 ic wcees wld hes Mero. Sell) fPancnine OL FILNY OL WAY oe ak ctinwina ls sla cela oe ote NOweraOL ASeeUI OLY vill, TOLErENGe (COs .< Ged ss aie acs eile arste Bl sha, s)s power to impose per capita tax on passengers.............. DUMericouMnpose Lax, ON STOSS .FECELDUS co & eels Ora diate sicterens’s § all companies hereafter incorporated to be subject to charter assembly may regulate running of carsS.................00- Tew OC uIaLeITHLeS (OL Lares co cara k Ghote oc n ee motel ee sa es Mie Lee LODOLLY: OF \COMMDANICS tisis, vis aie mk ce aleta elas cles, elena as SUrronoden of franchise. NOW. eCMected cnn. acces cee aloo be ee TOC MLO ETON ITO fn seat cere cease hed ee Oenie Sees Cer TTT COCT TUCUS 2.0 teins) bis eS OK Ae Oe we ane cian deane company to keep streets between rails in perfect repair.. Semese LATA LOO Ws DOTLCS eG win tart essai naam) coke aha die desta ohale mis right of one company to run cars on track of another.... franchises to be forfeited unless put in use within one year, ODEN SUNS Wy Magee eRe alae ofa cee I SPR ARs ALE ea a Or RS OR [ANNOTATIONS. ] MOT UIN ANCOR: LOLs VOL sy orks i ee EI bee abel Ie EROLECELY, (OVOIs sor 'ctis Wale Vo ew agrees cca iceuhele fy tik te wide date effect of reservation to alter, amend or repeal ordinance. general discussion of constitutional, statutory, charter and ordinance powers of city, respecting.............. eV I Us LES DOCLITS filots ela, Maueata che Ore okt aiatete aby bares als ee Brmntvor ITanChige LO, DOWEIS. OL CICY aay se ee oe ek eee coer PEO er HCHISOn “NOW: COLL VEO. cin. ced eke pa tite delves bale'e PPE CUrerOl TrANCHISOS.” OLWG sy Duis Wabi he eee Nee eee Ook PAGE. 401 ART. Mattel pw ee ete 7 oe shall have supervision of entire water works department EXCEL [WALETIAT ACES, cu wie vie ee eoelerehele MERE Reel gaol assembly may provide additional duties for....... shallvmake annual *reportssto-Mayor.- sects aes térm: of Office and Donde stat: cet ae eee rer eres appointment ol isubordinaltes2, ... 2. aut ee shall assume charge of water works............... contracts for work to be approved by council...... tovlay “water, Pipex «Wels triselin + sen eee eee ee may -enforee, use! of water,“ When ice . saa seeders WATER PIPES— connection can only be made under permit........ [ ANNOTATIONS. ] city may purchase, laid by private citizens when laying’ of, (what Ordinances vaildce vane ere ee WATER RATES— See Assessor and Collector of Water Rates. assessment and collection -O1:2 om cree eee eee issue of (water Jicenses . aia fees vivceetea eels Bk ee ioe municipal assembly may regulate.................. oe ee we we we S08) 6) avie. (8) 7@ 6)‘ be) ete) 6-6 1.6 es © © 6 we rey vam, a @ 0 @¢ 29 046 ¢ mg) si fe ie co, fe @ je) ae) Mel en eee e066) 48) et 1¢ to be fixed so as to pay expenses and interest on water bonds exceptional discrimination forbidden.............. WATER WORKS— city may purchase and hold property for........... right: of city toussue bonds. forys on. crane epee power to establish and maintain (clause 2)....... commissioner be appointed by mayor.............. to be under charge of water commissioner........ condemnation of private property for route of water pipe, CUS a Bae ee ak Pe veel te ee nea se eee ener Re tae ene regulations for pipe connections.................. secs © 0 2 © © e @ Sele ee ae Cote Che Co, C68) a eee ky Ge, to be under control and management of water commissioner shall be duly, qualified engineer, .2 2. 7422455 ee. term: ofrotficerand bond... 2.8 o. Aritele VI. missioner. Article VII. Of park commissioner. Article VIII. Of regulations concern- ing the advertising of public improve- ments and the awarding of contracts. Article IX. Of salaries and bonds of members of the board of public im- provements and their employes. Chapter 25. Chapter 26. Chapter 27. Chapter 28. REVENUE DEPARTMENT. Chapter 29. Article I. Article ITI. Article III. Of harbor and wharf com- Of public parks. Of public printing. Of recorder of deeds. Of register. Of assessment of property. Of board of assessors. Of board of equalization. Of taxes. Chapter 30. Of license collector and li- cense revision, Chapter 31. Of subjects and objects of li- cense, Article I. Of 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- trologists. ATEICLOMV Lice | Of houses. Article VIII. Of house and real estate agents and brokers. Article IX. Of intelligence offices. Article X. Of manufacturers. hotels and boarding Article XI. Of merchants. Article XII. Of ordinaries and restau- rants. Chapter 36. OF PUBLIC BUILDINGS. 547 Article XIII. Of pawnbrokers. Article XIV. Of peddlers and hawkers. Article XV. Of railway ticket brokers. Article XVI. Of steamboat, hotel and railroad runners. Article XVIY. Of stockyards, sale sta- bles and horse and cattle dealers. Article XVIII. Of street railway com- panies. Article XIX. Of vault cleaners. Article XX. Of sundry vocations and miscellaneous provisions, Chapter 32. Of collector. Chapter 33. Of second-hand dealers. Chapter 34. Of sewers. Chapter 35. tors. Of steam boilers and eleva- ‘ Supply department. é ee Chapter 37. Article I. Treasury department. Of the department. Article II. Of auditor. Article III. Of comptroller. Article IV. Of treasurer. Chapter 38. Article I. Article II. Article III. Water rates, department of. Of assessor and collector. Of swimming baths. Of water rates. Chapter 39. Of water works. Article I. Attachment with water pipes. Article II. Water works bonds. Chapter 40. Weights and measures, de- partment of. Article I. Of inspector. Article II. Of weights and measures. Article III. Of public scales. Article IV. Of city weighers. Article V. Of lumber measurers. (SOA EE au BUILDINGS, DEPARTMENT OF ARTICLE I,—Of public buildings. Il.— Of commissioner of public buildings. Ill.—Of gunpowder. IV.—Of the inspection of buildings, protection of lives of persons in public build- ings and of the protection of property against fire. ARTICLE I. OF PUBLIC BUILDINGS.* *Ordinance 21226, approved Sept. 28, 1908, creates the “New Public Buildings Commission,” and defines its duties and powers. 548 REVISED CODE OR GENERAL ORDINANCES. [CHAP 1. Section 1. City hall established—what offices located therein. —The building erected, owned and controlled by the City of St. Louis on Twelfth, Thirteenth and Market streets and Clark avenue is hereby estab- lished as a city hall, and the offices of the mayor, municipal assembly, auditor, comptroller, treasurer, register, collector, commissioner of public buildings, inspector of weights and measures, license [collector] commis- sioner, president of the board of public improvements, water commissioner, street commissioner, sewer commissioner, park commissioner, harbor and wharf commissioner, commissioner of supplies, city counselor, 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 boilers and board of engineers, supervisor of plumb- ing and supervisor of city lighting shall be located therein, and such other public officers as may be ordered by the proper authorities. (M. C. see. 1.) Ord. 19608. Plans and specifications for the building of the new City Hal) 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, ete., and for letting the contract, were made in ord. 15558, app. March 29, 1890; this ord. was amended Dy Ord ui2s, 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, ete. Charter authority concerning municipal buildings, Art. III, sec. 26, clause 38. Sec. 2. Mayor to assign offices.—The assignment of offices in said city hall shall be made under the direction of the mayor, and the management of the building shall be as hereinafter directed; Provided, that this section shall not apply to the rooms occupied by both branches of the municipal assembly. (M. C., sec. 2.) Sec. 3. United States flag on public buildings.—Upon and over the court house, four courts, new city hall, old city hall, work-house, house of refuge, insane asylum, poor-house, hospital for females, city hos- pital, engine houses, police stations, and a public building in such public parks as the park commissioner may direct, shall be erected a flag staff, on which the flag of the United States of America shall fly at full mast height between municipal office hours (weather permitting), on all the days of the week, except the Sabbath, usually called Sunday. (M. C. sec. 3.) Sec. 4. Art building in Forest Park.—The board of control of the St. Louis School and Museum of Fine Arts, a department of Washington University, are hereby authorized to erect within Forest Park in this city a building which, together with the site upon which it is located, shall be devoted to the use of this institution forever for the exhibition of pictures and sculpture and such other means as are usual in such institutions for the education of the public in art. (Ord. 19969, sec. 1; M. C. p. 976.) 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 ef seg.. set forth in this work under “Laws Specially Applicable to St. Louis,’ Chap. 2a, being sections lla to 11j inclusive ( ante p. 81). See. 5. Loeation of building how determined.—The loca- tion of said building shall be determined by the board of control, herein- after provided. (Ord. 19969, sec. 2; M. C. p. 977.) Are. (I1,] OF COMMISSIONER OF PUBLIC BUILDINGS. 549 Sec. 6. Board of Control, how constituted—public exhibi- tions.—Said building shall be erected subject to the following provisions : The building when completed shall be the property of the city for the uses hereinafter provided, and no other. The building and its affairs shall be under the direction and jurisdiction of the board of control of the St. Louis School and Museum of Fine Arts augmented by the mayor, comp- troller and park commissioner of the City of St. Louis, who shall be ex- officio members of such board of control of said building. There shall be an exhibition of pictures and sculpture in said building which shall be free of charge to the public every Sunday afternoon from one o’clock to sun- down, except at such times as repairs of the building and the rearrange- ment of collections are in progress; provided notice of such fact shall ‘be given by public advertisement on two different days; and such exhibitions shall be open free to the public as much oftener as, in the opinion of the board of control, the financial condition of the institution will permit. bras Lv9G69, sec:-3 >. M..C. p. 977.) ARTICLE II. OF COMMISSIONER OF PUBLIC BUILDINGS.* *Ordinance No. 10371, approved Sept. 25, 1877, created office. See. 7. ce of Commissioner of Public Buildings con- of public buildings, heretofore created and now Pease, shall be continued. (M. C. sec. 4.) Sec. 8. Appointment and term.—The commissioner of public buildings shall be appointed by the mayor and confirmed by the majority of the members of the council. He shall hold his office for four years, and until his successor shall have been duly appointed and qualified. (M. C. sec. 5.) Sec. 9. Qualifications.—The commissioner of public buildings shall be an architect who shall have had at least five years’ practical experience in building. (M. C. sec. 6.) Sec. 10. of public buildings shall give bond in the sum of ten thousand dollars for the faithful performance of his duties, with not less than two good sureties, holders of unencumbered real estate in the city, which bond shall be approved by the mayor and council. paC: sec. 7.) See. 11. Salary. of public buildings shall receive a Salary of twenty-five hundred sate per annum, payable in monthly instalments, in full for all services. (M. C. sec. 8.) No extra compensation can be recovered for work done in line of duty. Chamberlain vs. Kansas City, 125 Mo. 430.. See Charter, XVI, sec. 18, note. Sec. 12. General duties.—The commissioner of public buildings Shall execute all orders that may lawfully be made for the performance of work within his department. It shall also be his duty to devote the whole of his time to the work of his office, to exercise supervisory control over the repair, alterations and improvements of all of the public buildings 550 REVISED CODE OR GENERAL ORDINANCES. POrLAS si: of the city (subject to the order of the president of the board of public im- provements), including all institutions and hospitals, the city hall, court house, jail, four courts, fire engine houses and morgue. He shall see that said buildings are kept in good condition. He shall prepare all plans and specifications for new buildings and also such as relate to the repairs, alterations and improvements of all public buildings, when directed by the president of the board of public improvements. (M. C. sec. 9.) Seer Charter iive secnral: See. 13. Care of buildings—appoint janitors and assist- ants—janitors.—It shall be the duty of the commissioner of public buildings to make all necessary regulations and arrangements for the care and cleaning of the city hall, the court house, jail, and four courts and other buildings under his charge. For this purpose he is authorized to appoint a janitor for each of the three buildings herein named, and such other assist- ants, not to exceed nine for the city hall, five for the court house and six for the four courts, as may be necessary to keep such buildings in an orderly or cleanly condition, and he shall also appoint one night watchman for each building, and he shall be held to strict responsibility for the acts of his em- ployes. (M. C. sec. 10.) The Commissioner and not the criminal court has power to appoint a janitor for said court: State ex rel. vs. Smith, 82 Mo. 51. Sec. 14. Heating apparatus—engineers.—The commissioner of public buildings shall have in his charge all heating apparatus in connec- 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 public 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 fire 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 steady habits and good character (M. ©. sec. 11.) Sec. 15. Approval of appointments—removal.—All appointments 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 janitors shall not 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 class, and does not include inspectors: State ex rel. vs. Longfellow, 95 Mo. App. 660, 663; State ex rel. vs. Longfellow, 93 Mo. App. 364, 372. This section is a part of the original ordinance passed in 1877, 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. Purere 111.) OF GUNPOWDER. 551 See. 16. Janitors and night watehmen—salaries and bond. ——The said janitors shall each give bond to the City of St. Louis in the sum of one thousand dollars, to be approved by the mayor and council, ‘for the faithful performance of their duties, and the janitors of the court house and four courts buildings shall receive as full compensation for their services the sum of seven hundred and eighty dollars each per annum, payable monthly. The assistant janitors of the above mentioned buildings shall receive as full compensation for their services the sum of fifty-five dollars each per month. The janitor of the city hall shall receive as full compensation for his services the sum of eight hundred and forty dollars per annum, payable monthly. The assistant janitors of the city hall shall receive as full compensation for their services the sum of sixty dollars each per month. Night watchmen of the three buildings mentioned above shall receive as full compensation for their services the sum of six hundred dollars each per annum, payable monthly. (M. C. sec. 13.) Sec. 17. Engineers and firemen—salaries.—The engineer at the four courts shall receive as compensation for his services the sum of ninety dollars per month; and the engineer at the court house shall receive as compensation for his services the sum of seventy dollars per month. If assistant engineers are required for either or both of the above named buildings, the assistant engineer at the four courts shall receive a salary of seventy dollars per month, and the assistant engineer at the court house shall receive a salary of sixty dollars a month. Firemen, fifty dollars per month. (M. C. sec. 14.) Sec. 18. Publie buildings—what employes in, appointed by commissioner.—The necessary employes in public buildings not in charge of a resident superintendent shall be under the superintendence of the com- missioner of public buildings, and shall be appointed by him with the ap- proval of the mayor and president of the board of public improvements ; their number and salaries shall be established by ordinance. (M. C. sec. 15.) ARTICLE III. OF GUNPOWDER.* *For Charter authority to regulate storage of gunpowder and other explosives see Charter, Art. III, sec. 26, clause 12. See. 19. Quantity of gunpowder, ete., which may be kept and where.—Not exceeding five pounds of gunpowder shall be allowed to be kept by any person or persons in any store, dwelling, building or other place within the city, except that retailers or venders of gunpowder in small quantities may, for that purpose, keep any quantity not exceeding thirty pounds; Provided, that the same shall be kept in tin or metal canis- ters or stone jars, with good and closely-fitting and well-secured covers thereon ; Provided, however, that those parties now having magazines within the limits of the city are hereby allowed to store in such magazines such quantities of gunpowder as may be necessary for their business; Provided, further, that no person or corporation shall hereafter be permitted 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 above, except gunpowder, not to exceed ninety 552 REVISED CODE OR GENERAL ORDINANCES. LGHAP GL: days from the approval of this ordinance in which to remove said prohibited explosives to a place or places outside the limits of the city. (M. C. sec. 16.) Sec. 20. Sign to be displayed—notice to be given.—Every retailer of gunpowder, giant powder, dynamite, nitro-glycerine or blasting powder shall place on the building containing the same, over or at the side of the front door thereof, a sign with the words “powder for sale” printed 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 be kept of record in the said commissioner’s office. (M. C. sec. 17.) See. 21. Gunpowder, etc.—how carried on streets.—No person shall carry gunpowder, giant powder, 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 be laid upon and covered with sheets of canvas or other cloth. (M. C. sec. 18.) Sec. 22. Gunpowder, etc.—time within which may be kept. —Any person having charge of any vehicle conveying more than one keg of twenty-five pounds of gunpowder, giant powder, nitro-glycerine, dyna- mite or blasting powder, and who shall have such vehicle with the gun- powder, giant powder, nitro-glycerine, dynamite or blasting powder 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 pounds of gunpowder, giant pow- der, nitro-glycerine, 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, however, that such quantities of gunpowder, giant powder, nitro-glycerine, dynamite or blast- ing powder as may be required for the supply of merchants and of wholesale dealers making up bills for the country trade, may be brought from the powder magazine or depots during the day, and such powder shall be al- lowed to be kept in the city during the business hours of the day. (M. C. sec. 19.) Sec. 23. Gunpowder, ete.—penalty for bringing in concealed. —Any person who shall knowingly bring within the corporate limits of the city any quantity of gunpowder, giant powder, dynamite, nitro-gly- cerine or blasting powder concealed in a box, barrel, parcel, package or other thing marked and purporting to be other than gunpowder, giant powder, dynamite, nitro-glycerine or blasting powder, shall be deemed guilty of a misdemeanor, and the gunpowder, giant powder, dynamite, nitro-glycerine or blasting powder so concealed shall be forfeited and seized and sold by the marshal as hereinafter provided. (M. C. sec. 20.) Sec. 24. Search warrant may be issued—when.—lIf an affida- vit be presented to the mayor showing probable cause to believe that any person keeps, has, possesses or conceals any gunpowder, giant powder, dynamite, nitro-glycerine or blasting powder, in violation of this article, he shall issue to the marshal a search warrant, commanding him to search any place in quest of gunpowder, giant powder, dynamite, nitro-glycerine or blasting powder, which warrant shall be forthwith rigidly executed. (M. C. sec. 21.) Sec. 25. Penalty for violating article—seizure.—Any person who skall violate any of the provisions of this article shall be deemed guilty of a misdemeanor, and on conviction thereof be fined not less than twenty-five and not exceeding one hundred dollars. And all gunpowder, giant powder, dynamite, nitro-glycerine or blasting powder kept, stored, ART. IV.] BUILDING CODE. 553 removed, transported and exposed within the city, or unladen from or laden upon any steamboat, vessel or railway car contrary to and in viola- tion of any of the provisions of this article, shall be liable to be seized by the marshal, or by any city officers cognizant of the fact, and it is hereby made the duty of the marshal and all other city officers, forthwith to seize such gunpowder, giant powder, dynamite, nitro-glycerine or blasting pow- der, and convey the same to a safe place beyond the city limits; and any and all quantities of gunpowder, giant powder, dynamite, nitro-glycerine or blasting powder seized as aforesaid shall be sold by the marshal at public vendue to the highest bidder for cash, first giving three days’ notice of the time, place and terms of such sale, in the newspapers employed by the city. (M. C. sec. 22.) See. 26. Quarries—construction of article with reference. The provisions of this article shall not be construed to prohibit, or prevent, quarrymen from keeping upon their premises at the quarry blasting pow- der in quantities not exceeding one keg of fifty pounds, provided the same is well secured from danger of explosion; and provided it is so situated and located that an explosion could work no injury to the inhabitants in the vicinity, or persons passing in the vicinity convenient to said locality where the powder is stored. (M. C. sec. 23.) ARTICLE IV.. OF THE INSPECTION, CONSTRUCTION, REMOVAL, SAFEGUARDING OF BUILDINGS, PROTECTION OF LIVES AND SAFETY OF PERSONS IN PUBLIC BUILDINGS AND OF THE PROTECTION OF PROPERTY AGAINST FIRE. Sec. 27. Duties of Fire Chief to inspect buildings transferred to Building Commissioner.—The duties imposed on the chief of the fire department by section five of article eleven of the city charter shall be hereafter performed by the commissioner of public buildings. (M. C. sec. 24.) Transfer authorized by Charter, III, sec. 32. See Magner vs. St. Louis, 179 Mo. tne} 25.00. See. 28. Deputy commissioner — appointment — qualifica- tions.—The position of deputy commissioner of public buildings, hereto- fore created and now existing, shall be continued. Said deputy shall be appointed by the commissioner of public buildings and approved by the mayor, and shall possess the qualifications prescribed by section ten of article four of the charter. (M. C. sec. 25.) See. 29. When deputy to act for Commissioner.—In case of the absence from the city, sickness or other inability of the commissioner of public buildings the deputy commissioner of public buildings shall per- form all the duties of his principal. (M. C. sec. 26.) ‘ Sec. 30. Salary and bond of, deputy.—The deputy commis- sioner of public buildings shall receive a salary of one hundred and twenty- five dollars per month, payable monthly. He shall give bond to the City of St. Louis for the faithful performance of the duties of his office in the sum of five thousand dollars, with two good and sufficient sureties, to be approved by the mayor and council. (M. C. sec. 27.) 554 REVISED CODE OR GENERAL ORDINANCES. [CHAP 1. Sec. 31. Chief and assistant [and permit] clerks—salaries and bonds.—There shall be appointed by the commissioner 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 hundred and twenty-five dollars per month, payable monthly. He shall give bond in the sum of twenty thousand [two thousand*] dollars, with 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, payable 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. 21463 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. 22778 in full.) Sec. 32. Chief Inspector—salary and bond.—There shall be one chief inspector of buildings appointed by the commissioner of public build- ings, to be approved by the Mayor, who shall be a practical builder, whose salary shall be one hundred twenty-five dollars per month, payable monthly. He shall give bond to the City of St. Louis for the faithful performance of his duties in the sum of five thousand dollars, with two good and sufficient securities, to be approved by the Mayor and Council. (M. C. sec. 29.) Sec. 33. Six inspectors—salaries and bond.—There shall be six inspectors of buildings appointed by the commissioner of public build- ings, to be approved by the Mayor, who shall be practical builders, and whose 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 appointment of inspectors 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 plans, record clerk, stenographer — salaries — qualifications — bonds — dis- charge—horses and buggies allowed.—In addition to the inspectors provided for in section thirty-three of this article, the Commissioner of Pub- lic Buildings may, when necessary for the proper performance of the work of the department, employ, with the approval of the Mayor, additional in- spectors, not exceeding six in number, and whose salaries shall be one hun- dred dollars each per month, payable monthly. [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 ART. IV.] BUILDING CODE. 555 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 appoint, with the approval of the Mayor, one-examiner of plans, whose salary shall be one hundred and twenty-five dollars per month, payable monthly, and one record clerk, whose salary shall be one hundred dollars per month, payable month- ly, and one stenographer, whose salary shall be seventy-five dollars per month, payable 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 faithful performance of his duties in the sum of two thousand dol- lars with two good and sufficient securities to be approved by the Mayor and Council. All of the employes herein authorized to be approved or em- ployed shall be subject to dismissal by the Commissioner of Public Build- ings at his pleasure. Seven horses and buggies shall be allowed to the office of the Commissioner of Public Buildings to be acquired and main- tained at the cost of 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. (Ord. 20661 and 22749, amend. M. C. sec. 31.) *The portion in brackets is not a part of sec. 34 of the “Revised Code,” but is an amendment passed after the submission of the Code to the assembly and before its passage, in ordinance No. 22749, approved Feb. 5, 1907. See appendix for the complete ordinance. Sec. 35. Architectural draughtsman—salary.—There shall be one architectural draughtsman appointed by the commissioner of public buildings, and approved by the Mayor, whose salary shall be one hundred dollars per month, payable monthly. (M. C. see. 32.) Sec. 36. Additional help—salaries.—The commissioner of public buildings, with the consent of the president of the board of public improve- ments and the approval of the Mayor, shall have authority to appoint such additional help, either draughtsmen or local superintendents, as may in his judgment be necessary for the proper fulfillment of the duties of his department. The salaries of such additional help shall be at the rate of four dollars per diem for draughtsman and five dollars per diem for local Superintendents. (M. C. sec. 33.) See. 37. Inspector on request fire prevention bureau—no com- pensation from city.—In addition to the force provided herein, an addi- tional inspector shall be employed, with the advice and consent of the Mayor, upon written application of the St. Louis Fire Prevention Bureau, who shall devote his time to the examination and supervision of buildings in process of construction in the City of St. Louis, and who shall report to the Commissioner of Public Buildings all violations of this or any other city ordinance relative to the same. The said inspector shall serve without compensation from the city, and hold his position until removed by the Mayor at the request of said St. Louis Fire Prevention Bureau. (Ord. 20532, amend. M. C. sec. 34.) Sec. 38. Commissioner shall inspect construction of all build- ings.—It shall be the duty of the commissioner of public buildings to visit and inspect each and any house or houses, building or buildings, which may be in the course of erection, construction, alteration, enlargement, 556 REVISED CODE OR GENERAL ORDINANCES. [CHAP 1. repair or removal within the limits of the city, and to see that such house or houses, building or buildings, are being erected, constructed, altered, enlarged, repaired or removed according to the provisions of this article, and all acts and ordinances in force in said city, and in manner adapted 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 or houses, building or buildings, and until all the walls shall have been completed and the same enclosed, when his duties shall terminate, except as otherwise provided in this article. He shall, on application 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. (M. C. see. 35.) Sec. 39. Duties of Commissioner—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 keep in proper books for that purpose a register of all transactions of said department, to submit to the City Coun- cil a yearly statement in detail of such transactions; to enter upon the prem- ises wherein any fire has occurred, if necessary, in order to investigate the origin of the fire, and to enter into all buildings, yards and inclosures, 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 required of him. He shall also have a general supervision and direc- tion over the subordinate officers of the department. (M. C. sec. 36.) Sec. 40. Commissioner’s power as to construction and re- pairs—to approve plans within three days.—The commissioner of public buildings shall have power to pass upon any question arising under the provisions 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 building in the City of St. Louis, subject to section fifty-nine of this article, and he shall require that plans and speci- fications of the proposed erection, construction, alteration, enlargement or repair to be submitted for inspection before issuing the permit; provided, that any application or plan presented for a permit shall be acted on by the commissioner of public buildings, within three days from the day they are presented. (M. C. sec. 37.) Sec. 41. New building code—not retroactive. — It is hereby enacted that the construction, erection, repairing and altering, or removal, of build- ings in the City of St. Louis shall hereafter be in conformity with this article. Provided, that nothing in this article shall be construed to pre- vent the completion of any building operations for which permits shall be in force at the time of the approval of this article, in accordance with the terms of the ordinances in force at the time of the issuance of such permit. (Ord. 22022, sec. 1.) : This ordinance, No. 22022, was approved April 7, 1905. Sec. 42. Permit required.—No work, except minor repairs shall be done upon any structure, building or shed in the City of St. Louis without ART. IV.] BUILDING CODE. 567 a permit from the Commissioner of Public Buildings. Before proceeding with the erection, enlargement, alteration, repair or removal of any building in the city, a permit for such erection, enlargement, alteration, repair or removal shall first be obtained by the owner or his agent from the Commis- sioner of Public Buildings, and it shall be unlawful to proceed with the erection, enlargement, alteration, repair or removal of buildings or of any structural part thereof, or of any structure which is to be used for the support, shelter or enclosure of persons, animals or chattels within the city, unless such permit shall first have been obtained from the Commis- sioner of Public Buildings. (/b., sec. 2—corresponds to M. ©., sec. 75.) See Chart., XI, sec. 4. After a permit has beén granted and the building con- structed the Building Commissioner has no power to restrict the use to which the building 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: EKichenlaub vs. St. Joseph, 113 Mo. 395. Sec. 43. No building to be altered without examination by the Commissioner. ildi ected, or hereafter to be erected in the City of St. Louis, shall be eiiakbod: raised, altered, or built upon in such manner that were such building ‘wholly built or constructed after the passage of this ordinance, it would be in violation of any of the provisions of this article. And before any building, in any part of said city, shall be enlarged, raised, altered, built upon or moved, the same shall first be examined by the Commissioner of Public Building gs, or his assistants, to ascertain if the building or buildings are in a safe and good condition to be enlarged, raised, altered or built upon, and no such buildings as aforesaid shall be enlarged, raised, altered or built upon until after such examination has been made, as provided in this article, and the fee for such examina- tion has been paid. (/0b., sec. 3; corresponds to M. ©., sec. 38.) Sec. 44. Alterations to conform to ordinances.—No wall, struc- ture, building, part or parts thereof, shall hereafter be built, constructed, altered or repaired, except in conformity with the provisions of this article. (Ib., sec. 4; corresponds M. C., sec. 40.) Sec 45. Reconstruction of buildings damaged by fire.—In any case when any building is, hereafter, damaged by fire to an extent exceed- ing fifty per cent of the amount required to newly erect a similar building on the identical site, if such building is repaired or rebuilt, the requirements of this article shall be conformed to in every particular, precisely as re- quired for new buildings. (/b., sec. 5; corresponds M. C., sec. 39.) _ Bee. 46. Penalty for constructing or altering without permit. ry person who, as owner, agent lessee, builder, architect, mechanic or ee tox shall commence any building in the City of St. Louis, or do or cause to be 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 open shed, or pavilion now built, or hereafter to be built, without having first procured a permit from the Commissioner of Public Buildings author- izing the same, shall be deemed guilty of a misdemeanor, and upon convie- tion shall be fined not less than five dollars, nor more than five hundred dollars for each offense. (/b., sec. 6; corresponds M. C., sec. 41.) 558 REVISED CODE OR GENERAL ORDINANCES. DCRAr SL: Sec. 47. Form of application.—Applications for permits shall be made in writing, signed and sworn to by the owner or his agent, and shall state clearly and fully the work contemplated to be done, and the cost thereof, and shall be made upon forms or blanks to be issued for the pur- pose by the Commissioner of Public Buildings, and such applications shall remain on file in the building department. The Commissioner of Public Buildings may require that said application shall contain, or be accom- panied with 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, upon which it is proposed to do any work, or, if the work is proposed to be done or executed by any other person than the owner or owners of the ground, then the Commissioner of Public Build- ings may require a statement in writing, sworn to as aforesaid, giving the full name and residence of such person or persons so acting as agent, lessee, or in any representative capacity, and that he or they are duly authorized to perform said work. (/b., sec. 7; corresponds to M. C., sec. 76.) Sec. 48. Plans and specifications.—True copies of so much of said plans and specifications as may be required, in the opinion of the Commis: sioner of Public Buildings, to illustrate the features of construction and equipment of the building referred to in this article, shall be filed with the Commissioner of Public Buildings, and shall remain on file in his office until the completion or occupation of said building, after which such plans and specifications shall be returned by the Commissioner of Public Build- ings to the parties by whom they have been deposited with him, upon the demand of said person or persons. It shall not be obligatory upon the Commissioner of Public Buildings to retain such plans and specifications in his custody for more than three months after the completion of or occu- pation of any building. All plans presented for examination or filing must be drawn on tracing cloth, or other material equally durable, to scale in India or other indelible ink, or may be drawings reproduced by the sun print, or other process. The building line must be indicated on the foundation plan, and the plan of each floor and all necessary elevations and sectional drawings to fully and clearly represent the character and construction of the proposed work must be fur- nished, together with a plat of the lot upon which any building is to be, built or altered, showing its proposed location on the lot, and the location of all other buildings then upon the lot. Such plat shall be drawn to a scale, and shall have written thereon the principal dimensions of the lot and buildings, and their location. No plans will be considered nor accepted unless accompanied by specifications sufficient to enable the Commissioner of Public Buildings to obtain full and complete information as to the char- acter of the work to be done, and the time to be occupied in doing it. Such specifications and plans must be in duplicate and shall agree in every respect, and shall state block and lot number where the house is to be erected, and contain the name and address of the owner, architect and vuilder. (/b., sec. 8; compare M. ©., secs. 77, 79.) Sec. 49. Approval of plans and specifications on compliance with building code.—lIf the matters mentioned in any application for a permit, or if the plans and specifications accompanying and illustrating the same indicate to the Commissioner of Public Buildings that the work to be done is not in all respects in accordance with the provisions of this article, he shall refuse to issue a permit until such applications and plans and specifications shall have been made to conform in every respect to the requirements of this article, and when such applications and plans and ART. IV.] BUILDING CODE. 559 specifications conform to this article the Commissioner of Public Buildings shall issue a permit, and shall file said application, and shall apply to the plans and specifications an official stamp, which shall imply that the plans and specifications to which the same have been applied comply with the terms of this article. The one set of plans and specifications so stamped shall then be returned to such applicant. (/b., sec. 9; corresponds M. C., sec. 78.) See. 50. Alterations of plans.—lIt shall be unlawful to erase, ma- terially alter, or modify any lines, figures, or coloring contained upon plans and specifications stamped by the Commissioner of Public Buildings, or filed with him for reference. If, during the progress of the execution of such work, it is desired to materially deviate in any manner affecting the construction, or other essentials of the building, from the terms of applica- tion, plans, or specifications, notice of such intention to materially alter or deviate shall be filed in writing with the Commissioner of Public Buildings, and his written assent must first be obtained before such alterations or de- viations may be made. (/b., sec. 10; corresponds M. C., sec. 80.) Sec. 51. Revocation of permits.—If work upon any building shall be conducted in violation of any of the provisions of this article, either as to occupation of sidewalk or street, or the use or application of material or workmanship, or deviation from the approved plans and specifications, or if any false statement, in any material point, be contained in, or accom- panied with the application upon which any permit has been issued, it shall be the duty of the Commissioner of Public Buildings to revoke the permit for the building operations. And it shall be unlawful, after the revocation of such permit, for any person, firm, or corporation, to proceed with such building operations until such permit shall first have been rein- stated or reissued by the Commissioner of Public Buildings. Before a permit, revoked for the cause, or causes before mentioned, can be lawfully reissued or reinstated, the entire building and building site must first be put into condition corresponding with the terms of this article, and any work or material applied to the same in violation of the terms of this article shall be removed from said building. Any person, firm or cor- poration violating any provision of this section shall, upon conviction, be subject to the penalties provided in section 46 of this article. A permit reinstated or reissued shall be reissued or reinstated, without cost to the owner, unless the cost of said building has been found to be materially in- creased over the amount stated in the application, in which case the fees shall be prorated, as provided in section 54 of this article. (J/b., sec. 11; corresponds M. C., sec. 84.) See. 52. Expiration of permits.—lIf after a permit for the erection, enlargement, alteration, repair or removal of a building shall have been granted, the operations called for by the said permit shall not be begun within one year of the date thereof, or if such operations when begun are not completed within the time fixed in the said permit for the duration thereof, then said permit shall be void, and before such operations can be begun or completed, a new permit shall be procured by the owner or his agent, and fees as herein fixed for the original permit shall be paid therefor. (Ib., sec. 12; corresponds M. C., sec. 83.) Sec. 53. Extension of permits.—If it shall be found that the time called for in any permit for building operations shall expire before the said building or buildings can be completed, the Commissioner of Public 560 REVISED CODE OR GENERAL ORDINANCES. (CHAP 1. Buildings shall have the power to extend the time called for in said permit, without extra cost or charge therefor, if it shall seem to him proper to do so, from evidence he may obtain in regard to same, from the owner or architect thereof, or from the contractor for such building operations. (JD., sec. 18; corresponds M. C., sec. 85.) See. 54. 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 fraction thereof, the further sum of fifty cents shall be paid. If it should appear to the Commissioner of Public Buildings, 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 provided for in this section. The fee to be paid for a permit to remove a building shall be one dollar if the building cover twenty-five hundred square feet or less of area, and the further sum of fifty cents shall be paid for every additional twenty- five 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 portion thereof. Each 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 permit 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 apparatus, as required in sections 149 and 150, shall be one dollar for every such apparatus. (JD., sec. 14; compare M. C., sec. 82.) Sec. 55. Inspection fees.—The fee to be paid for each inspection, as provided in sections 56, 57, 150 and 151 of this article, shall be one dollar for each inspection. It shall be unlawful for any person or persons 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 paid. (Jb.. sec. 15; compare M. C., sec. 86.) Sec. 56. Of Inspection; duty to notify when ready for inspec- tion.—No building, partition or structure shall be covered in by lath- ing, plastering, sheathing or otherwise, until the Commissioner of Public Buildings has, by examination, ascertained that the said building, partition or structure has been built in accordance with the provisions 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. partition or structure, shall be covered in by lathing, plastering, sheathing or otherwise, until such inspection is made, and the Commissioner of Public Buildings has issued a certificate to the effect that the said building, partition or structure has been built in compliance with the requirements of this article, and the fee for said inspection has been paid, as provided in section 55 of this article. (/b., sec. 16; compare M. C., sec. 156.) ART. IV.] ; BUILDING CODE. 561 See. 57. Alterations.—Before proceeding to raise, enlarge, alter, build upon, move or tear down any existing structure or building in the City of St. Louis, the person or persons proposing to raise, enlarge, alter, build upon, move or tear down any such structure or building shall make appli- cation in writing to the Commissioner of Public Buildings for an inspection of such structure or building. The fee to be paid for such inspection shall be as provided in section 55 of this article. Alterations in buildings which do not involve any change in their structural parts or of their stairways, elevators, fire escapes or other means of communication or ingress or egress may be made without such inspection and the payment of said fee. (Jb., sec. 17.) See. 58. Board of Appeals.—There shall be in the City of St. Louis a board to be called the Board of Appeals, from the rulings of the Commis- sioner of Public Buildings, which board shall consist of three members to be appointed as follows: One inspector of the St. Louis Fire Prevention Bureau, who shall be appointed by the Mayor, with the approval of a ma- jority of the Council, and who shall hold his office for three years from the date of his appointment. One architect, who shall be appointed by the Mayor, with the approval of a majority of the Council, and who shall hold his office for two years from the date of his appointment. One master builder, who shall be appointed by the Mayor, with the approval of a ma- jority of the Council, and who shall hold his office for one year from the date of his appointment. The terms of the several members of said board shall be three years each after the expiration of the first term. Any mem- ber of said board may be removed by the Mayor or Council for malfeasance, incapacity or neglect of duty. Said board shall meet the second and fourth Mondays of each month to consider such matters as may be brought before them. Special meetings may be called by the Commissioner of Public Buildings, with the approval of the Mayor. Each member of said board shall be paid by the city a compensation of ten dollars for each meeting. The reasonable expenses for said board, including clerical assistance, shall be paid by the City of St. Louis. (J/b., sec. 18; corresponds ord. 20532.) Sec. 59. Appeal from the decision of the Commissioner of Public Buildings.—Any applicant for a permit from the Commissioner of Public Buildings required by this article, whose application has been re- fused, or revoked; or any person who has been ordered by the Commissioner of Public Buildings to incur any expense, may, within fifteen days after being notified of such refusal, or order, appeal from the decision of the Commissioner of Public Buildings, by giving the Commissioner of Public Buildings notice in writing that he does so appeal; said notice shall be ac- companied by a certificate that said applicant has paid into the City Treas- ury the sum of five dollars, to be retained by the city; provided, however, no appeal to the board shall be legal in case of unsafe structures and con- demnations, as provided hereafter in section 212 [216] of this article. Any person, the value of whose property may be affected by work to be done under any permit granted by the Commissioner of Public Buildings, may, within three days after the issuing of such permit, appeal by giving to the Commissioner of Public Buildings notice in writing that he does so appeal, and payment of the fee as aforesaid. All cases in which appeals have been taken as above provided, shall be referred to the Board of Appeals, and said board shall, after hearing, direct the Commissioner of Public Buildings to issue his permit under such conditions, if any, as they may require, or to withhold the same. (J/b., sec. 19; corresponds M. C., 247.) 562 REVISED CODE OR GENERAL ORDINANCES. [CHAP 1. See. 60. Right to enter premises.—Any member of the Board of Ap- peals and any officer of the building department may, so far as may be necessary for the performance of his duties, enter any building or premises in the City of St. Louis. (Jb., sec. 20; corresponds M. C., sec. 249.) Sec. 61. Definitions of terms used.—In this article the following terms shall have the meanings respectively here assigned to them: ‘Com. of Pub. Bldgs.” shall mean the Commissioner of Public Buildings of the Sity of St. Louis. “Repairs” shall mean the renewal or restoration to its original condition, of any part of a building which may have become wholly or partly unsound or dilapidated 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 conyert- 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. “Minor repairs” shall be taken to mean insignificant repairs not affecting 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 support, shelter or enclosure of persons, ani- mals or chattels; and when 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 dressed timber, exposed beams, girders and planking and supported upon masonry walls, or on wooden or fire proofed_iron or steel columns. “Building of the third-class” shall be taken to mean any building not of the first or second-classes, the external and party or division walis of which are wholly of brick, stone, concrete, or other equally substantial and incombustible materials. “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-inflammable, but fire-resisting and non-heat conducting. “Cellar” or “basement” shall be taken to mean the 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 floor 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 for that wall. “Building line” shall be taken to mean the established boundary line between private property and any public highway. “Height of a building” shall be taken to mean the vertical distance between the highest part of the roof and the highest point of the grade. “Foundation” shall be taken to mean that por- tion 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 used for the com- mon separation or support of adjoining buildings of separate owners. ‘“Dji- 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 ART, iV.) BUILDING CODE. 563 any interior wall of masonry. “External wall” shall be taken to mean every outer vertical enclosure of a building other than a party wall. “Curtain wall” shall be taken to mean an enclosing wall built and supported between columns or piers, and on girders or other supports, and sustaining no weight but its own. “Skeleton building” shall be taken to mean a building of the first-class, the walls, floors, and other parts of which are supported upon and carried by a metal framework. “Slow combustion construction” or “mill construction” shall be taken to mean buildings of the second-class as herein defined. “Dwelling” shall be taken to mean any building wherein the second story and all stories above it are occupied by a single family. “Lodging House” shall be taken to mean a building wherein persons are accommo- dated with sleeping apartments, and includes hotels, boarding houses and apartment houses where cooking is not done in the sever: al apartments and where there are more than five bedrooms for hire. “Tenement house” shall be taken to mean a building which, or any portion of which, is occupied by more than two families living independently of each other, and doing their cooking upon the premises, or by more than one family above the first story, so living and cooking. “Theater” shall be taken to mean a building, or por- tion of a building, wherein it is made a business to carry on the presentation of dramatic, operatic, or other performances, or shows, for the entertain- ment of spectators and having a permanent stage for such performances, whereon are employed scenery and other movable appliances. (Jb., sec. 21; corresponds M. C., sec. 94.) Sec. 62. First-class buildings.—A first-class building shall be con- ‘structed wholly of non-inflammable materials, with walls, floors and roofs constructed of masonry or concrete; or of iron or steel frame work, filled between and around with masonry, concrete, terra cotta or other durable non-inflammable and fire-resisting materials. All columns, girders, beams, struts and all structural members shall be protected with fireproof ma- terials, so put on and held in place as to effectually protect such members from the effect of fire, corrosion or abrasion. All exterior columns and all girders or other framing, supporting more than one story of masonry, shall be protected by a thickness at any point of at least eight inches of fire-proof material. All structural members of buildings of this class which may be subjected to unusual responsibility shall be especially protected and _ fire- proofed in such a manner as to effectually protect such members and their loads from risk of accident by fire or otherwise. All columns other than those above mentioned shall be protected by fire-proofing not less than three inches in thickness at any point. Floor and roof beams and other framing shall be protected by fireproofing not less than two inches in thickness. In buildings of the first-class wood shall only be used for the wearing surface of floors, and the necessary sleepers for their attachment, for windows and door-frames, sashes, doors and finish around them, hand rails and treads for stairs, and wainscoting except where especially prohibited by this article. There shall be no woodwork of any kind built into masonry walls. Rough frames and nailing blocks of wood may be permissible to be built into non- bearing partitions of fireproof materials. There shall be no air spaces be- tween the top of any floor construction and the floor boarding, or below any wooden stair tread, or behind any woodwork, but all such spaces shall be solidly filled with tee te or plaster, or other fireproof materials. ins sec. 22; compare M. C., sec. 100.) Sec. 63. What buildings shall be first-class.—Every building here- after erected and to be used as a school building, hospital building, asylum or Sanitarium, having more than two stories above the basement; and every 564 REVISED CODE OR GENERAL ORDINANCES. LOR ARS I; building hereafter erected to be used as a lodging house or tenement house or office building and having fifty or more rooms above the first story, or more than four stories in height above the basement; and every building hereafter erected to be used as a theater, seating one hundred or more per- sons, and having seats for spectators above the main floor thereof, shall be a building of the first-class. Every building hereafter converted or enlarged for use as a school, hospital, asylum, sanitarium, hotel, lodging house, tene- ment house, office building, or theater, shall comply with the provisions of this article, relating to such buildings. Every building hereafter erected, altered or enlarged to a height greater than ninety feet above grade, shall be a building of the first-class, and shall comply in its construction with all the Drow sions of this article relating to buildings of the first-class. (J0., sec. 23; compare M. C., sec. 101.) Sec. 64. Second-class buildings.—Second-class buildings shall have walls and partitions of masonry or concrete of the thickness required by sec- tion 86. Walls at every floor level shall have masonry corbels or offsets 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 fireproofed in the same manner as is required in section 63 for buildings of the first- class. There shall be no hollow wooden partition or any hollow or concealed Spaces in any wooden construction. But whenever wood shall be used, it shall be solid; and it shall not be permissible 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 shall be chamfered or rounded. Wooden columns shall be bored the full length on their axes with one and one-half inch holes; and transversely at top 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 properly 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 planking not less than two and five-eighths inches thick. This planking shall constitute the under floor, upon which shall be laid a top floor of tongued and grooved material and crossing the under floor at an angle of not less than forty-five degrees. There shall be laid between the under floor and top floor a firestop of approved fireproof materials, which shall not be inferior to a double thickness of two-ply asbestos paper, well turned around all walls and col- umns. There shall be provided approved water outlets for all floors, so dis- tributed as to provide one outlet for every two thousand square feet of floor area. These outlets shall be set two inches below the floor level and be ar- ranged to convey water to the outside of such building. Windows shall be provided with fire shutters or be otherwise made fire- ‘resisting as provided in section 141 of this article. Every building exceeding two stories in height and having an undivided floor area exceeding seven thousand five hundred square feet, and every building exceeding seventy- five feet in height, when not required by this ar ticle to be a building of the first- class, shall be a build- ing of the second-class. But nothing in “this section or in the preceding sec- tion shall be so construed as to prevent the erection of grain elevators as provided in section 67 of this article. (J/b., sec. 24.) Sec. 65. Third-class buildings.—Third-class buildings shall not have a height exceeding seventy-five feet; nor an undivided floor area exceeding seven thousand five hundred feet square, when more than two stories in ART. IV.] BUILDING CODE. 565 height. The floors and roofs of such buildings may be of joist construction, and partitions may be of studs and plaster, or wood, except where required by this article to be of masonry or fireproof materials. The roofs of such buildings shall be covered with slate, tile, metal, gravel, or other equally non-inflammable materials. All buildings hereafter erected, enlarged or al- tered within the fire limits as described in section 66 of this article shall, when not buildings of the first or second class, be buildings of the third- class. But nothing in this section shall be construed to prevent the erection within the fire limits of such buildings as are provided for in sections 67 and 68. (J/b., sec. 25; compare M. C., 206.) , Sec. 66. Fourth-class building's not permitved within the fire limits—fir o shall hereafter be built within the disthict known as the ae limits, Nas hereinafter defined, except such buildings as are provided for in sections 67 and 68 of this article. The fire limits shall consist of a district bounded by a line one hundred and fifty feet beyond the following described boundary: Beginning at a point on the Mississippi River where the north line of Adelaide avenue extended eastwardly meets said river, thence westwardly along said extended north line and said north line of Adelaide avenue to North Broadway, thence northwardly along the east line of North Broadway to Carrie avenue, thence westwardly along the north line of Carrie avenue to Newstead ave- nue, thence southwardly along the west line of Newstead avenue to Natural Bridge road, thence westwardly along the north line of Natural Bridge road to Kingshighway, thence southwardly along the west line of Kingshighway to Easton avenue, thence westwardly along the north line of Easton avenue to the city limits, thence southwardly with the city limits to a point where the north line of Forest Park extended westwardly intersects the city limits, thence eastwardly along said north line of Forest Park extended westwardly and said north line of said park to the west line of Kingshighway, thence south along the west line of Kingshighway to Arsenal street, thence east- wardly along the south line of Arsenal street to Morganford road, thence south along the south line of Arsenal street to Morganford road, thence south along the west line of Morganford road to Meramec street, thence east along the south line of Meramec street to Grand avenue, thence south along the west line of Grand avenue, and its extension to Loughborough ave nue, thence east along the north line of Loughborough avenue to Highth street, thence south along the east line of E ighth street to Marceau street, thence east along the north line of Marceau street to the Mississippi River, except that said fire limits shall not extend beyond those portions of Lough- borough avenue, Eighth street, and Marceau street, here named as bounding said district. (J/b., sec. 26; compare M. C., secg204.) {Above section amended after passage of Rev. Code by ord. 23186, approved Aug. 29, 1907. ] Charter Regulations as to frame or wooden buildings: Chart., Art. XI, sec. 4; and also Charter Art. III, sec. 26, clause 11. Where a city charter confers author- ity to prohibit wooden buildings 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 materials: Eichenlaub vs. St. Joseph, 113 Mo. 395. See. 67. Tron-clad building zases Where no permanent founda- tion for a substantial building exists, and an iron-clad building will not prove hazardous to surrounding property, a permit may be granted for the erection of such building within the fire limits, in accordance with the provisions of this section. No such building shall exceed seventy-five hun- dred square feet in area, nor exceed twenty-five feet in height, nor exceed one story in height. It shall not be permissible for any such building, 566 REVISED CODE OR GENERAL ORDINANCES. [CHAP 1. when exceeding one thousand square feet in area, to have any wooden floor- ing, unless laid on sleepers imbedded in the earth or in concrete, so that there shall be no open space beneath such floor. Each piece 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 number twenty-four gauge, attached directly to the framework without the use of wooden sheathing of any kind. No such building shall be placed nearer to the line of any ground of any other owner than five feet; nor nearer to another building than ten feet, unless separated there- from by a brick wall of the standard thickness, as required by sections 86 and 96 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, between it and another building, unless separated therefrom by brick walls as aforesaid. (J/b., sec. 27; compare M. C., sec. 205.) Sec. 68. Frame buildings inside of the fire limits.—Frame build- ings inside of the fire limits, as established in section 66 of this article, shall have roofs of gravel, slate, tile, metal or other equally incombustible materials, and shall not be built nearer than three feet to the line of any eround of another owner, nor nearer than six feet to any other building, unless separated therefrom by a brick wall of the standard thickness re- quired in sections 86 and 96, 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 habitation, or be used 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 69 of this article; and provided, further, that nothing in this section contained. shall be construed to apply to, or prevent, the erection of grain elevators as usually constructed, provided they are erected on or adjacent to the river front or railroad tracks, in isolated localities, and under such condi- tions as the Commissioner of Public Buildings may prescribe, including location, provided that nothing in this section shall prevent the construc- tion of lumber sheds in lumber yards to protect lumber and other material carried in stock. And, provided further, that it shall be permissible to erect open shelters within the fire limits, in accordance with the provisions of this section. Such 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 open for at least one-third of their height on all sides, unless closed with brick walls of the thickness prescribed in sections 86 and 96 of this article. No 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 four hundred square feet of area of such shed, unless separated from such other owner, or other building, by brick walls of the thickness provided in sections 86 and 96. (Jb., sec. 28.) ART. IV.] BUILDING CODE. 567 See. 69. Fourth-class buildings where permissible.—No fourth- class building in the City of St. Louis shall exceed four hundred thousand cubic feet in size, nor forty feet in height; nor shall any fourth-class building be Sate nearer to the line of the ground of another than three feet, unless aly ‘ated therefrom by a brick w all of the standard thickness required by sec Bins 86 and 96, and this distance shall never be less than one foot for every ten thousand cubic feet of size of such building. Nor shall any fourth-class building be built in any block nearer than seventy-five feet to the line of any street where there are fronting upon either side of such street along said block six or more buildings of the first, second or third-class, unless the writ- ten consent of a majority’of owners of property fronting upon both sides of said street along such block, be filed in the office of the Commissioner of Public Buildings. No fourth-class dwellings, tenements or stores shall be built in a continuous row, except there be brick division walls of the thick- ness required in sections 86 and 96, separating such buildings and extend- ing through the roofs as provided in section 102. (J0b., sec 29.) See. 70. Quality of materials.—All materials are to be of such quality for the purpose for which they are to be used as to insure, in the judgment of the Commissioner of Public Buildings, ample safety and secur- ity to life, limb and neighboring property. Building materials are to con- form to legal, trade, and manufacturers’ standards, and to be subject to the approval of the Commissioner of Public Buildings, who may require tests to be made by the architect, engineer, builder, or owner to determine the strength of the structural materials before or after they are incorporated in a building, and may require certified copies of results of tests made else- where from the architect, engineer, builder, owner, or other interested parties. (Jb., sec. 30; compare M. C., sec. 95.) Sec. 71. Heighth of buildings.—No building or other structure here- after erected, except it be an hotel or office building or a spire, tower or smoke stack, shall be 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 shall not exceed two and one-half times the width of such street; and no hotel or office building hereafter erected shall be of a height exceed- ing two hundred and six feet, measured from the sidewalk to the top of the roof covering. (Ord. 22133, amending ord. 22022, sec. 31.) See. 72. Protection against excavations.—Al] excavations shall be so protected by the person causing same to be 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. (Ord. 22133, sec. 32; M. C., sec. 106.) See note to next section. Sec. 73 Depths of excavations—duties of adjoining owners.— The legal depth for excavations to the bottom of footings shall be nine feet for dwellings, and fifteen feet for all other buildings—to be measured from the curb level on the part line. Whenever an excavation shall be carried to a greater depth than the legal depth above given, it shall be the duty of the person making or causing such excavation to be made to preserve any con- tiguous legal wall or walls from injury; and sustain, protect and underpin the same at his own cost and expense, so that said wall or walls shall be and remain practically as safe as before such excavation was commenced. He shall give timely written notice to adjoining property owners of his in- tention to do so, and adjoining property owners shall permit the occupancy of their ground ‘and any buildings, so that their walls may be underpinned 568 REVISED CODE OR GENERAL ORDINANCES. (CAA ie and sustained. If such excavation shall not be carried to a depth greater than the legal depth above given, the owner or owners of such adjoining or contiguous wall or walls, shall preserve their walls from injury, and so sustain, protect and underpin the same at their own cost and expense, that the said wall or walls shall be 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 upon the premises where such excavation is being made for that purpose when necessary. (Jb., sec. 33; corresponds M. C©., sec. 106.) 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 test.—The Commissioner of Public Buildings may require any applicant for a permit to ascertain, by boring or other test, the nature of the ground upon which he proposes 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 produce settlement, and the amount of load imposed thereon shall be based upon data thus derived, but in no case shall the load exceed three tons per square foot. (J/b., sec. 34; compare M. C., sec. 108.) Sec. 75. Loads to be carried by the soil.—The load carried by the soil shall be the total dead load, and an average live load of not less than ten pounds per square foot of all the floor area of the building, when used as an office building, lodging or tenement house, and an average live load of not less than twenty pounds per square foot of all the floor 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 load of three tons to the superficial foot. The area of footing courses shall be sufficient to meet this requirement. (JD., sec. 35; compare M. C., secs. 108, 109, 222.) See. 76. Piling.—When the nature of the ground requires that build- ings shall be supported on piles, the number, diameter, bearing and spacing of such piles shall be sufficient to support the superstructure imposed. All piles shall be capped with concrete having a firm bearing on the piles. Such concrete to be made as provided in section 82 of this article. All piles shall be driven and the tops cut off on a level to insure constant moisture in all parts of the piles. (JZb., sec. 36; corresponds M. C., sec. 114.) ART. IV.] BUILDING CODE. 569 See. 77. Foundations.—Every building of the first, second and third- class, and every building of the fourth-class of more than one story in height, shall have foundations of stone, brick or concrete, which shall ex- tend not less than two feet six inches below the adjoining exposed surface of the earth, and shall have suitable footings and rest on solid ground, or on benched and leveled rock, or upon piles. Foundation walls of stone shall not be less than six inches thicker than the walls next above them, to a depth of ten feet below grade, and for every additional five feet in depth, or part thereof, they shall be increased six inches in thickness. No stone foundations supporting a three-story building shall be less than twenty-one inches in thickness. All stone walls twenty-four inches or less in thickness shall have at least one header extending through the wall in every three feet in height from the bottom of the wall, and in every four feet in length, and if over twenty-four inches in thickness shall have one header for every six superficial feet on both sides of the wall, and running into the wall at least two feet. All headers shall be at least eighteen inches in width and consist of good flat stone. No stone shall be laid in such walls in any other position than on its natural bed. Foundation walls of brick or concrete shall not be less than four inches thicker than the walls next above them, to a depth of eight feet below grade, and for every additional five feet in depth, or part thereof, they shall be increased four inches in thickness. (J/b., sec. 37; compare M. C., secs. 115, 116, 117, 118.) Sec. 78. Ground dampness.—In all cases where the nature of the soil is damp or contains water, suitable provisions shall be made to carry off all such dampness or moisture, by means of drain tiles, laid outside of the walls, or inside of the walls, or both outside and inside, such drain tiles to be connected with a catch basin or other suitable device, and thence dis- charged into the house drain. (J/0b., sec. 38; corresponds M. C., sec. 110.) See. 79. Retaining walls.—Retaining walls shall not be less than thirty inches thick at the bottom for a height of twelve feet, and for every additional five feet or fraction thereof in height at least six inches shall be added to the thickness of the wall at the bottom. Such walls may be bat- tered to eighteen inches at the top. All retaining walls shall be laid up in first-class hydraulic cement mortar, to be made as provided in section 83 of this article, and shall be well grouted in against the earth bank, or pointed on the outside at least four feet down from the top of the wall. (Jb., sec. 39; corresponds M. C., sec. 113.) Sec. 80. Footings.—Footings shall be of stone or concrete, or both, or stepped-up brick work, of sufficient thickness and area to safely bear the weight to be imposed thereon. If footings be of concrete, the concrete shall not be less than eight inches thick under walls, and not less than twelve inches thick under piers, columns and posts; if of stone, the stone shall not be less than six inches in thickness under walls, and at least twelve inches wider than the bottom width of said walls; if under piers, columns or posts, such footings shall not be less than eight inches in thickness and at least twelve inches wider on all sides than the bottom width of said piers, col- umns or posts. All footing stones shall be well bedded and laid crosswise, edge to edge. If stepped-up footings of brick are used in place of stone above the concrete, the steps or offsets, if laid in single courses, shall not exceed one and one-half inches, or if laid in double courses, then each shall not exceed three inches, starting with the brick work, covering the entire width of the concrete, so as to properly distribute the load imposed thereon. If steel or iron rails or beams are used as parts of foundations, they must 570 REVISED CODE OR GENERAL ORDINANCES. OE So ie 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. (Jb., sec. 40; corresponds M. C., sec. 119.) Sec. 81. Materials for walls.—The walls of every building other than buildings of the fourth-class (see sections 61, 67, 68 and 69) shall be con- structed of stone, brick, iron or other hard, incombustible materials, and the several component parts of such buildings shall be as hereinafter pro- vided. (J/b., sec. 41; compare M. C., sec. 96.) Sec. 82. Conerete.—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 pieces, 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 shall be a uniform mass. All concrete shall be used at once, and before it has become set or hard. (Jb., sec. 42; corresponds M. C., sec. 120.) Sec. 83. Quality of mortars.—In all buildings 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 top 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 described above, or a mortar composed of equal parts 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 required 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 required 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 mortars shall be made with such materials and such proportions of sand as will secure thorough adhesion to the materials with which they are to be used; and it shall be unlawful to use mortars not so made, or to use mortars inferior to those herein de- scribed. (Jb., sec. 43; compare M. C., sec. 97.) Sec. 84. Quality 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 inferior to “ordinary hard and red” bricks. The bricks used in all other buildings shall not be inferior to “merchantable” bricks. The bricks used in the foundations of all buildings shall not be inferior to “straight hard” bricks. All walls of brick shall be thoroughly bonded and tied and solidly built; ART. IV.] BUILDING CODE. 571 all joints not covered in shall be struck. Every sixth course, at least, of a brick wall shall be a heading or bonding course, except where walls are faced with face brick, in which case every sixth course shall be bonded with bond brick, Flemish headers, or with a metal bond satisfactory to the Com- missioner of Public Buildings. (J/b., sec. 44; corresponds M. C., sec. 98.) See. 85. Wetting brick’s.—Bricks when laid in warm weather shall be wetted, when laid in cold weather shall be thoroughly dry and protected from the elements. (J/b., sec. 45; corresponds M. C., sec. 99.) Sec. 86. Thickness of brick walls.—The minimum allowable thick- ness for brick external and division bearing walls for buildings of the first, second and third classes, except for dwellings, lodging houses and tenement houses (see section 103) shall be, for the two top stories, thirteen inches; for the next two stories below, eighteen inches; and for each succeeding two stories of increased height, the walls shall be four inches thicker than the two stories next above them. Party walls and division walls of any length in building for mercantile or manufacturing 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 inches thicker than the minimum thickness first given above, unless there be intersecting walls of equal height, or solid buttresses extending to the top of the wall, and having a projection beyond such wall of not less than nine inches, with a sectional area of not less than three hundred square inches, for each eighteen lineal feet of such wall. (Jb., sec. 46; compare M. C., secs. 121, 122, 128.) See. 87. Walls of buildings supporting trusses.— The walls of churches, theaters, foundries, machine shops, armories, markets, assembly rooms, halls, and buildings of like character shall not be less in thickness than the thickness prescribed in preceding section, with such piers or but- tresses in addition as may be necessary to make such building safe and substantial within the terms and provisions of this article. (J/b., sec. 47; corresponds M. C., sec. 123.) See. 88. Increased thickness of bearing walls with openings. If any horizontal section through any part of any bearing wall in any building other than a skeleton building, shows more than fifty per centum area of flues or openings, the said wall shall be increased four inches in thickness for every ten per centum or fraction thereof of flue or opening area in excess of fifty per centum. In any wall the same amount of ma- terials may be used in piers or buttresses having the same sectional area as would be required for a solid wall. (Jb., sec. 48; corresponds M. C., secs. 130, 126.) Sec. 89. Recesses and chases.—Recesses for stairways and elevators may be left in the foundation or cellar walls of any building, but in no case shall the walls be of less thickness than the walls of the third story, unless reinforced by additional piers or iron columns and girders, securely an- chored to the walls on each side. No chase for water or other pipes shall be made in any pier, and in no wall more than one-half of its thickness. No horizontal chase or slot shall be permissible in any wall, except the wall be reinforced in such a manner as to fully compensate for any reduction of its strength by reason of such chase or slot. Recesses for alcoves and similar purposes shall not be deeper than half the thickness of the wall, and in no case shall there be less than nine inches of brick work at the back of such 572 REVISED CODE OR GENERAL ORDINANCES. (CHAP 1. recesses, provided that such recesses shall not be more than eight feet wide, and shall be arched over and not carried up higher than a point eighteen inches below the bottom of the beams of the floor next above. The aggre- gate area of recesses in any wall shall not exceed one-fourth of the whole area of the face of the wall on any story, nor shall any such recess be made within a distance of six feet from any other one in the same wall. (Jb., sec. 49; corresponds M. C., sec. 144.) See. 90. Walls with air spaces and hollow bricks.— Brick 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 such walls shall be built unless the parts of the same are connected by proper ties of brick or iron placed not over twenty-four inches apart, horizontally and vertically, throughout the entire surface of the wall. The inside four inches of standard walls may be built of hard burned hollow clay or porous terra cotta bricks of the dimensions of ordinary bricks, properly tied and bonded. (J/b., sec. 50; corresponds M. C., sec. 143.) : Sec. 91. Restrictions on use of timber in walls.—No wooden blocks or timbers shall be built into any 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 upon wooden girders, rafters or lintels, or to support any such wall by any wooden support whatever; but all such supports shall be of iron, brick or stone, and of sufficient size and strength to support the superstructure. (Ordinance 22209, amending 22022, sec. 51; compare M. C., sec. 136.) The amendment merely corrected a clerical error by omission of the word DOUORE a xehiteye” Ghilge. Sars bldg: Sec. 92. Non-bearing walls may be of reduced thickness.—Non bearing walls may be four ‘inches less in thickness than the minimum thick- ness provided in section 86, provided,. however, that no wall be less than thirteen inches thick, except as hereinafter specified. (/b., sec. 525; corre- sponds M. C., see. 131.) Sec. 93. Thickness of curtain walls may be reduced.—Curtain walls may be less in thickness than the minimum thickness (see section 86 of this article) for walls of buildings of the first, second and third class, but no curtain walls shall be less than thirteen inches thick. (J/b., sec. 53; compare M. C., sec. 1382.) Sec. 94. Brick or stone piers, bond and cap plates.—Kvery pier built of brick or stone having an area of less than nine square feet at the base, and supporting any truss, beam or girder, arch column or lintel spanning an opening over ten feet, or supporting a wall, shall be capped with an iron plate of sufficient strength and size to safely distribute the Joad on such pier. Brick piers shall be built of hard well-burnt brick. Brick or stone piers shall be laid in cement mortar, as provided in scetion 83 hereof. Isolated brick or stone piers shall not exceed in height eight times their least dimension. (J/b., sec. 54; corresponds M. C., sec. 138.) _ ART. IV.] BUILDING CODE. 573 See. 95. Heights of stories.—The maximum height of stories for brick walls of the thickness given in section 86 shall not exceed for the first story, eighteen feet; for the second story, fifteen feet; for the top story, fifteen feet; for intermediate stories, fourteen feet; where story heights ex- ceed the heights above given, the walls so increased in height shall be four inches thicker than the minimum thickness given in section 86 for every ten feet of increased height or part thereof. (Jb., see. 55; compare M. ¢ sec. 127.) Sec. 96. Brick walls for one-story building ick walls for one story buildings may be built nine inches in Te where such walls do not exceed fifteen feet in height, nor fifty feet in length, but no wall sup- porting girders shall be less than thirteen inches thick. Sec. 97. Stone ashlar, terra cotta and metal facings.—Any brick wall may be faced with stone ashlar—which ashlar shall not be less than four inches in thickness and the combined thickness of brick work and ashlar shall be at least four inches greater than the standard thickness of walls. (See section 86 of this article.) Stone ashlar shall be substantially anchored to the brick backing at least every two feet in height and four feet in length. Terra cotta facings on brick walls or piers may be used, without any increased thickness of walls, provided all such facings be backed up solid with brick or concrete, the brick or concrete to fill all the hollow spaces in the terra cotta in such a manner that the same shall be thoroughly» incorporated with the wall. Where metal facings are used on brick walls no extra thickness of brick work shall be required. (/b., sec. 57; corre- sponds M. C., sec. 133.) See. 98. Existing party walls may be used.—Walls heretofore built for or used as party walls, whose thickness at the time of their erec- tion was in accordance with the requirements of the then existing ordinance but which may not be in accordance with the requirements of this article, may be used if in good condition, for the ordinary uses of party walls, pro- vided the height of the same be not increased. (/b., sec. 58; corresponds M. C., sec. 134.) Sec. 99. Height may be increa: the height of existing walls, which walls are less in thickness than the standar d required under this article (see sec. 86), the same shall be done by a lining of brick work to form a combined thickness with the old wall of not less than four inches more than the thickness required for a standard wall corresponding with the total height of the wall when so increased in height. The said lining shall be supported on proper foundations. However, no lining shall be less than nine inches in thickness, and all linings shall be laid up in cement mortar and thoroughly anchored to the old brick walls with suitable wrought iron anchors plac ed two feet apart and properly im- bedded into the old walls in rows alternating vertically and horizontally with each other. The old walls must first be cleaned of plaster or other coatings. In place of a brick lining as above, a skeleton steel or iron frame may be erected against said old wall and be properly anchored to same. The strength of said steel or iron frame and its foundations shall be the Same as called for in buildings of skeleton steel construction for walls of Similar height, and such steel or iron frame shall be fire proofed as provided in this article. Where the brick walls of dwellings, erected before the passage of this article, are found, upon inspection by the Commissioner of Public Buildings, to be sound and in good condition, and to be capable of Sustaining safely an additional story, he may, at his discretion, issue a 574 REVISED CODE OR GENERAL ORDINANCES. [CHAP 1. permit for the erection of such additional story of brick work, even though the walls of the existing building be of less thickness than that required by this article. (Jb., sec. 59; compare M. C., sec. 135.) See. 100. Walls not to be carried up in advance of others. No wall or walls of any building, other than a skeleton building, shall be carried up 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 properly 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. (JD., sec. 60; corresponds M. C., sec. 139.) Sec. 101. Walls 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 story, and when necessary shall also be braced from the outside, until the building is inclosed. The roof tier of beams shall be safely anchored to the beams of the story below until the building is inclosed. (Jb., sec. 61; corresponds M. C., sec. 140.) Sec. 102. Parapet fire walls and copings.—In mercantile or manu- facturing buildings, all division or party walls shall be carried thirty inches above the roof covering as a fire wall and shall be not less than thirteen inches thick above roofs and shall be coped 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 above the roof covering at any point, and for residences not less than twelve inches at any point, and shall be coped as required above. (Lb., sec. 62; compare M. C., sec. 141.) Sec. 103. Brick walls for dwellings, lodging and tenement houses.—The minimum thickness of brick external and division bearing walls, for dwellings, lodging houses and tenement houses, shall be for the three top stories, thirteen inches; for the next two stories below, eighteen inches; and for each succeeding 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 86. (Jb., sec. 63.) Sec. 104. Slated walls and gables.—In dwellings, lodging houses and tenement houses, when required or permitted by this article to be buildings of the third-class, and a portion of a story is omitted, or roofed at a lower level than another part, and where there are no masonry walls at or below the line of such division, then it may be permissible to enclose such parts with wooden studs or sheathing, covered on the outside with slate or other durable fire-resisting material; and it shall be permissible to cover the sides of dormers, gables and bay windows of such buildings with like materials. But no such construction shall have an exposed surface exceeding two hundred and fifty square feet, nor shall it be permitted nearer than three feet to the line of any adjoining owner. (J/b., sec. 64.) See. 105. Fireproof walls for light and vent shafts.—In every building four stories or more in height hereafter erected all the walls or mies LV.) BUILDING CODE. 579d partitions forming interior light or vent shafts shall be built of brick or other approved fireproof materials. (Jb., sec. 65; corresponds M. C., sec. 146.) See. 106. Height of hollow tile partition walls.—Four-inch and six-inch hollow tile partition walls of hard-burnt clay, porous terra cotta or other suitable fireproofing, may be built not exceeding in their vertical portion a measurement of fifteen feet and twenty feet, respectively, and in their horizontal measurement a length not exceeding seventy-five feet, un- less strengthened by a steel frame, cross walls, piers, columns, or buttresses. All such walls are to be carried on proper foundations or on iron girders or columns. In no case, however, are such partition walls to be used as bearing walls or to support any load except their own weight. (Jb., sec. 66; corresponds M. C., sec. 147.) Sec. 107. Partition walls.—Every building not of the first-class here- after erected, to be used as an office building or a tenement or lodging house, and having a height of three or more stories, shall be divided by brick partition walls of the standard thickness provided in section 103 of this article, so placed that no division of such building above the first story shall exceed an area of two thousand five hundred square feet. All such division walls shall, where possible, start from the foundations; and all partitions in the basement and first story of such buildings, if occupied for business purposes, shall be of brick or concrete, and shall extend to the top of the floor joists of the floor above such partition, effectually closing all spaces between the ceiling and floor with fireproof materials. Every building hereafter altered or converted to be used as an office building, or a tenement or lodging house, shall comply with all the requirements of this section. (/b., sec. 67; compare M. C., sec. 125.) Sec. 108. Partition and wall furring.—No partitions of wooden studs or scantlings, or wooden wall furrings, shall be employed in the base- ment or cellar of any building hereafter erected or altered to be used as lodging or tenement house or office building or mercantile or manufacturing building, of four or more stories in height; nor shall any wooden or stud partition be used for the support of floors in any such building hereafter erected, altered or converted to the uses aforesaid. Nor shall any wooden partitions, or partition of wooden studs be hereafter permitted to be erected between stores, or places of business, or tenements to be occupied by sep- arate tenants, but such partitions shall be of approved fireproof materials. (Ib., sec. 68.) Sec. 109. Fire stops.—Every stud partition in every building of three or more stories in height, hereafter erected or altered, to be used as an office building, or a tenement or lodging house, shall have a solid continuous shoe and cap not less than two inches thick, the full width of such parti- tion, effectually closing all spaces between the studs of such partition and the spaces between the floor joists below or above such partition; where stud partitions in such buildings extend down to a partition cap, or a girder or plate below the floor, then the space between the studs shall be filled solid to two inches above the floor with approved fireproof materials, so as to effectually stop the passage of fire from the spaces between the studs to the spaces between the joists. Where brick walls of such buildings are furred with wooden furring, the brick work between the joists in each tier of floor beams shall project the full thickness of such furring. All slots or chases in the walls of such buildings or spaces between studs shall 576 REVISED CODE OR GENERAL ORDINANCES. [CHAP 1. be solidly stopped with fireproof materials at every floor. Where pipes or ducts or wires pass through the fire stops herein required, they shall be surrounded at such places by mortar or metal or other approved fireproof materials, in such a manner as to effectually stop the passage of fire. (J/D., sec. 69; compare M. C., sec. 145.) See. 110. Wall to be plastered back of wainscoting.—W hen wood wainscoting is used in any building such as is mentioned in the preceding section, the surface of the wall or partition behind such wainscoting shall be plastered down to the floor line, unless said wainscoting is placed against a brick, stone or tile wall or partition. (/b., sec. 70; compare M. C., sec. 150.) | Sec. 111. How cellar or basement ceiling to be plastered.— The ceilings over every cellar or basement of all dwelling, lodging or tene- ment houses, shall be plastered; when more than three stories in height, they shall be lathed with wire or metal lath and plastered thereon with two coats of brown mortar of good materials. (Ord. 22272, amend. 22022, sec. 71.) [Sec. llla. Ceilings, partitions, ete.; how plastered.* | *This section is one enacted after the submission of the ‘‘Revised Code” ordi- nance to the assembly and before its passage, hence could not be inserted therein, and referred in its title to the Municipal Code instead of Revised Code. If in time it would have appeared in the Revised Code as section llla, hence is in- serted at this place, in the note below; the ordinance, omitting caption, is as follows: - (22748) Section One. Ordinance Number Twenty-two Thousand and Twenty-two, en- titled [here follows title, etce.] is hereby amended by inserting a new section to be known as Section Seventy-one A, as follows: Section Seventy-one A. All ceilings and stud partitions of all dwellings, lodg- ings 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 thoroughly dry before applying; second coat or brown mortar, for three coat or scratch work to be mixed with 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. Mia LY, | BUILDING CODE. 577 To mix thoroughly before applying use two parts of lime to one-half part of plaster of paris. For cornice work equal parts of lime and plaster of paris should be used. All lime should be slaked at least ten days before using. All 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 moldings and casings. When patent plasters are used, such as Acme, Climax; Royal, Laramie and other standard cement plaster: For three-coat work, lath to be spaced not less than three-eights 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, and add sufficient water to temper to proper consistency. Mortar to be applied promptly with sufficient 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 measure of fibered cement plastered add two measures of clean, sharp sand, mixed thoroughly 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. Unfibered cement plaster with sufficient water to temper to a proper con- sistency trowelled down with the least water possible and brush*d with a perfectly dry brush. Second coat work. Grounds to be not less than one-half inch. Lath to be spaced not less than three-eights 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. See. 112. Roofs.—Every building required by this article to be of the first, second or third class shall have a roof covering of metal, slate, tile, gravel, or other equally durable and incombustible material. All roofs other than flat roofs, on buildings over forty-five feet high, and which are used for mercantile or manufacturing purposes, shall be wholly of fireproof materials, supported on iron or steel rafters and supports. (Ord. 22022, sec. 72; compare M. C., sec. 154.) Sec. 113. Roofs in contiguous buildings.—In all cases where two or more buildings are built adjoining, and separated by means of a division wall or walls, the roof sheathing, cornices or ridge mouldings shall not extend over or cover any portion of such division wall or walls unless such roofs are constructed wholly of fireproof materials as mentioned in the preceding section. (J/b., sec. 73; corresponds M. C., sec. 155.) Sec. 114. Mansard roofs.—Mansard roofs shall be considered as roofs having an angle with the horizon of not less than fifty-five degrees, nor more than eighty degrees, and no such roof shall be permissible, when 578 REVISED CODE OR GENERAL ORDINANCES. [CHAP 1 parallel with and nearer than three feet to the property line of another owner, unless such roof be made wholly of fireproof materials. (/b., sec. 74.) See. 115. Repairs and renewals of roofs.—The roofs of all build- ings, erected from and after the passage of this ordinance, within the fire limits, as described in section 66 of this article, shall be covered with such materials as are mentioned in section 112, and when such roofs are renewed, it shall be done with such materials as will conform to the requirements of this section. (J/b., sec. 75, amended by ord. 22143.) Sec. 116. Metallic leaders from roofs.—tThe roofs of all buildings shall be provided with proper metallic leaders for conducting the water away from the roofs in such a manner as shall protect the walls and foundations of such buildings, or of adjacent buildings, from injury. In no case shall water from such leaders be allowed to flow upon adjoining walls or premises or upon the sidewalk, but shall be conducted by proper pipes to the sewer. If there be no sewer available, then the water from such leaders shall be contucted by pipes below the surface of the sidewalk to the street gutter. (Ord. 29022, sec. 76; see M. C. 178.) Sec. 117. Cornices.—In all cases where a wall is finished with stone or terra cotta cornice, sixty-five per 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, excepting residences, shall be constructed of non-combustible materi al, and shall be well secured to the walls with anchors of metal brackets. The lookouts to which such cornice is secured must in all cases be of metal. In all cases the walls shall be carried up to the sheathing of the roof, and where the cornice- projects over the roof the walls shall. be carried up to the top of the cornice. All exterior wodden cornices, except for residences and build- ings under forty-five feet in height that shall hereafter require to be re- paired or replaced, shall be constructed of some non-combustible material, as required for new buildings; and all exterior wooden cornices or gutters, except residences and buildings under forty-five feet in height, that may hereafter be damaged by fire or otherwise, shall be taken down, and if re- -placed shall be constructed of non-combustible material. (Jb., sec. 77; cor- responds M. C., sec. 152.) Sec. 118. Baleonies.—Balconies may project over the street lines of buildings only when such balconies are constructed wholly of incombustible materials; but no part of such balconies shall project more than three feet beyond the street lines. No part of such balconies shall be nearer than fourteen feet from the sidewalk grade. (J/b., sec. 78; corresponds M. C., sec. 212.) See sec. 1243 prescribing penalty for projecting balconies, ete., and making same a misdemeanor, and sec. 1092 permitting balconies at theaters. Sec. 119. Projections over sidewalks on street or alley lines. The walls of all bay or oriel windows, except in dwellings, shall be con- structed entirely of incombustible materials. The limitations, dimensions and locations of bay and oriel windows projecting over the street or alley building line shall be as follows: No part of any bay or oriel window shall be at a less distance than fourteen feet from the sidewalk grade. No part ART. IV.] BUILDING CODE. 57Y of any such bay or oriel window shall project more than three feet over the street or alley building line. No part of such bay or oriel window shall have a greater frontage than fifteen feet. No bay or oriel window shall project over the building line of any street or alley where said street or alley is less than twenty feet wide. There shall not be more than one bay or oriel window for any twenty-five feet of frontage. Nothing herein con- tained shall, however, limit the number and size of bay or oriel windows which are built in such manner as not to project over the street or alley line. (J/b., sec. 79; corresponds M. C., sec. 211.) See. 120. Show windows.—No part of fixed or permanent store fronts, show windows or storm doors on the first story of any building intended for a protection, or to contain goods or wares for display or sale, shall be constructed so as to project beyond the building 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 rearrangement, or in case of removal or resto- ration necessitated by fire or other damage, such alterations, renewals or restorations shall be so made as to comply in all respects with the provi- sions of this ordinance relating to the construction of new store fronts or show windows. (J/b., sec. 80; compare M. C., sec. 213.) See. 121. Signs.—Any signs now erected, or that may be hereafter erected, on the top of any building, or attached to the walls of any building, and that may become rotten or unsafe, shall be taken down and removed upon notice so to do from the Commissioner of Public Buildings. No sign exceeding twenty square feet in size shall hereafter be erected on any build- ing without a permit from the Commissioner of Public Buildings, as pro- vided in sections 42 and 54 of this article. No sign exceeding three 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- combustible 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 the spaces between the signs shall be in- cluded in the width of the signs, unless there be a clear space of at least six feet between the signs. No sign shall hereafter project more than eighteen inches over the building line of any street or alley, nor shall any projecting sign be placed nearer than eight feet to the ground or pavement of any street or alley; nor shall any sign be so placed as to obstruct any fire escape, or interfere with the operations of the fire department. Every sign hereafter erected upon any building shall be supported upon 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 person, firm or corporation to erect or cause to be erected any sign in violation of this section. (Jb., sec. 81; compare M. C., sec. 210.) But see R. C., sec. 1216, which seems to be not in harmony in respect to height in the clear. Sec. 122. Towers, dormers and spires on top of buildings. Towers, dormers and spires may be erected on the roofs of buildings, but shall not occupy more than one-quarter of the street frontage of any build- ing, and shall not in any case have a base area of more than sixteen hundred square feet. All such dormers, towers or spires shall be built of non-com- bustible materials. Towers, dormers or spires shall not be permitted on buildings of the second and third class where the extreme height of the top 580 REVISED CODE OR GENERAL ORDINANCES. (CHAP 1. of the tower, dormer or spire shall exceed one hundred and fifty feet above the street grade. (J/b., sec. 82; corresponds M. C., sec. 104.) Sec. 123. Pent houses, how constructed.—Pent houses used as in- closures for 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 top of water tanks placed on roofs may be made of wood, covered with sheet metal. Where party or division walls form one or more sides of pent houses, such walls shall be carried up as fire walls above the roof of the pent house. (/b., sec. 838; corresponds M. C., sec. 176.) Sec. 124. Water tanks on iron supports. cs erected over roofs of buildings shall be supported on brick or stone bearing walls or on metal beams or posts. (/b., sec. 84; corresponds M. C., sec. 177.) Sec. 125. Least thickness for beams used in any building other than a building of fie 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 Building Commissioner may require the beams to be spaced in a way to adequately insure the safety of the building. (/b., sec. 85; compare M. C., sec. 164.) Sec. 126. Joists to be covered during building. duty of the person or persons having charge of the construction of any building hereafter erected, to have joists or girders of each floor above the second floor covered with scaffold boards or other suitable material as the building progresses, so as to sufficiently protect the workmen, either from failing through such joists or girders, or to protect the workmen or others who may be under or below each floor from falling bricks, tools or other substances, whereby accidents happen, injuries occur, and life and limb are endangered. (/b., sec. 86; corresponds M. C., sec. 165.) Sec. 127. Wooden beams in party walls.— All wooden beams and other timber entering party or division walls of buildings shall be sep- arated from the beams or timbers entering in the opposite side of the wall by at least four inches of solid masonry. (J/b., sec. 87; compare M. 166.) Sec. 128. Ends of beams to be bev floor and roof: beams, where they rest on brick walls, shall be cut to a bevel of one inch in five inches. (J/0b., sec. 88; corresponds M. C., sec. 168.) Sec. 129. Bridging.—All fioor joists shall be properly bridged with cross bridging; in no case shall the rows of bridging be more than eight feet apart. (/b., sec. 89; corresponds M. C., sec. 167.) See. 130. Anchoring walls to joists, girders or beams.—lIn all buildings 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 manner, such anchors to be placed not more than eight feet apart, and to be built into the masonry walls. The form and construction of said anchors shall be optional with the owner or > Katrin ART. IV.] BUILDING CODE. 581 owners of the building or buildings, but in no case shall they be so con- structed or placed as “to cause any strain on the masonry walls, in case of giving way of the floor or roof construction caused by fire or otherwise. The anchors must in all cases be self-releasing, and secured to the joists, girders, beams, etc., whether of wood, iron or steel, at or near the lower edge. The size of such anchors must in all cases be in proportion to the joist, girder or beam, but in no case of less strength than a bar of iron one and one-quarter inch by one-quarter inch. Where joists, girders, beams, etc., abut or lap over a girder, they shall be secured to each other by nail- ing, or by means of strap anchors made of iron or steel nét Jess than one and one-quarter inch by one-quarter inch, and securely nailed to joists, girders or beams when of wood; and bolted or riveted when made of iron or steel. In all cases the system of wall anchors and anchors where joists, girders or beams abut or join shall be so arranged as to secure a continuous tie from wall to wall. Where joists, girders or beams are parallel with the walls, suitable anchorage to walls shall be provided for, but m no ease shall such anchorage be nearer than four feet to the center of such joist, girder or beam. (J/b., sec. 90; compare M. C., sec. 173.) Sec. 131. Beams and woodwork near flues.—All wooden beams shall be trimmed away from all flues, whether the same be for smoke, air, or any other use. The trimmer beams to be at least nine inches from the inside face of the flue in a straight line, but in no case shall wooden beams be built into any chimney breast, and the header beams shall be at least two inches from the outside face of the chimney breast. No wooden furring or wooden lathing shall be placed against or across any chimney breast. (1b., sec. 91; compare M. C., secs. 169, 190.) Sec. 132. Trimmer and header beams.—The trimmer and header beams shall be at least double the thickness of the floor or roof beams, or shall be made of two beams forming such thickness, properly spiked or bolted. When the header is more than fifteen feet in length (or where the header is framed to the trimmer beams more than five feet from the bear- ing end thereof) wrought iron flitch plates of proper thickness and depth shall be placed between the wooden beams, and all suitably bolted together through the iron plates; or steel beams of sufficient strength may be used in place of flitch plate beams. Every beam, except header and tail beams, shall rest not less than four inches on the wall, or upon a girder. (J0., sec. 92; compare M. C., sec. 170.) See. 1383. Stirrup irons.— Every wooden header more than eight feet long used in any building shall be hung in stirrup irons of suitable strength for the size of the timber. (Jb., sec. 93; compare M. C., sec. 171.) Sec. 134. Cutting beams for pipes.—No gas, water, or other pipes. which may be introduced into any building shall be let into the beams un- less the same be placed within thirty-six inches of a wall or supporting partition; in no case shall the said pipes be let into the beams more than two inches in depth. (J/b., sec. 94; corresponds M. C., sec. 172.) See. 135. Stairways in mercantile and manufacturing build- ings.—Every building two stories or more in height occupied for mercantile or manufacturing purposes shall be provided with at least one stairway, not less than three feet in width and extending from the ground floor to the top of the building, in buildings in which fifty or more persons are em- 582 REVISED CODE OR GENERAL ORDINANCES. [CHAP a1; iad ployed above the second story at least two stairways shall be provided, said stairways to be inclosed in partitions plastered on metal lath, or a single stairway may be provided, said stairway to be inclesed in a fireproof shaft. The openings into the shaft to be equipped with standard fire doors as provided in this article. In buildings in which more than one hundred persons are employed above the first story, the stairway or stairways shall be of sufficient width, but in no case less than three feet wide, and said stairways shall be inclosed in brick or concrete shafts, all openings into said shafts being provided with standard fire doors, as provided in this article. Every building exceeding three stories in height, hereafter used for mercantile or manufacturing purposes, and occupied by more than two tenants above the first story, shall have all stairways inclosed with walls or partitions of approved fireproof materials. [Every basement room used as a salesroom, or as a work room, in which twenty or more persons shall be employed, shall have stairs leading directly to the outside of the building, and such stairs shall be so located, and be of such width as shall afford a safe and adequate means of exit from such basement. Any building here- after converted to uses bringing it within the provisions of this section as to stairways shall be altered so as to comply with this section, as provided for new buildings. And it shall be unlawful in any such building to ob- struct the stairs, passages, or landings with materials of any kind or to place any inflammable or combustible materials in the stair halls, passages or shafts. (Jb., sec. 95; compare M. C., sec. 148.) Sec. 186. 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. (Jb., sec. 96; com- pare M. C., sec. 149.) Sec. 187. Stairways in hotels, lodging and tenement houses— scuttles, bulkheads and ladders.—Every hotel, public boarding or lodg- ing house and every office building, hereafter erected, having more than ten rooms above the first story, or having more than five rooms above the second story, when not a building of the first-class, shall have at least two stairways leading from the ground to the upper story, and every such stair- way shall have the soffit plastered or covered with approved non-inflamma- ble materials. And such buildings shall further have such a number of stairways and so located that the entrance to every room in such building shall not be more than one hundred feet from a stairway. When such building shall have more than ten rooms above the second story, then all stair partitions shall be of approved fireproof materials, and the stair soffits shall be covered with metallic lathing and plastered, or covered with other approved fireproof materials. Every building not of the first-class used as a lodging or tenement 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, public boarding ART. IV.] BUILDING CODE. 583 or lodging house, and every office building, when not a building of the first-class, shall have metal covered scuttles or bulkheads leading to the roof, with ladders or stairs leading thereto, and accessible to all tenants, and in readiness for use at all times. The scuttle or bulkhead door shall not be locked, but may be fastened with hooks on the inside. (J/b., secs. 97, 174.) Sec. 138. Fire escapes.—lIt shall be the duty of the owner, proprietor, lessee or keeper of every hotel, boarding and lodging house, tenement house, school house, opera house, theater, music hall, factory, office build- ing and every building where people congregate, or which is used as a business place, or for public or private assemblage, which has a height of three or more stories, to provide said structure with stair fire escapes, at- tached to the exterior of the building and with staircases located in the interior of the building. The fire escapes shall commence at the sill of the second story window and run three feet above the upper window sill of the upper story, with an iron ladder from the upper story to the roof. The fire escape shall extend downward from said second story by means of a sta- tionary or drop stairway to within at least nine feet of the ground, pave- ment or sidewalk. School buildings, opera houses, theaters and church buildings, also hospitals, blind and lunatic asylums and seminaries shall each have a stair fire escape. All factories, stores and all places wherein twenty or more women or girls are employed or congregated above the sec- ond story thereof, shall have a stair fire escape with a drop stair to reach from the lower landing to the ground, of such construction as shall be re- quired by the Commissioner of Public Buildings. Ali fire escapes shall have proper and safe balconies for each story thereof surrounded on the sides with pipe railings not less than three feet in height, and inclosed below such railing with heavy wire netting or other substantial enclosure. Stairways shall not be steeper than an angle of fifty-five degrees, and shall be placed on a blank wall where practicable. Stairways and landings shall have railings as required for balconies. All fire escapes shall be so located as to afford the greatest security to the oc- cupants of the buildings and there shall be suitable openings in every story of such buildings so arranged as to offer free and unobstructed access to the fire escapes. The location of every fire escape shall be designated by a Sign with letters not less than three inches in length and located adjacent to such escapes on each floor of said building above the first. The location of fire escapes to be attached to any building shall be determined by the Commissioner of Public Buildings. And he shall have authority to sus- pend the requirements for fire escapes in the case of any public or private 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 three or more stories in height used for manufacturing or mercantile purposes, hotels, dormitories, schools, seminaries, hospitals or asylums shall have not less than one fire escape for every fifty persons for whom working, sleeping or living accommodations are provided above the second story; and all public halls which provide seating room above the first story shall have such a number of fire escapes as shall not be less than one fire escape for every one hundred persons calculated on the seat- ing capacity of the hall, unless a different number is authorized in writing by the Commissioner of Public Buildings. Whenever a fire escape attached to any building shall be found to be in an unsafe condition it shall be the duty of the owner, lessee, proprietor or keeper of said building to forthwith rebuild or repair the same or replace the same in a safe condition, subject to the penalties of this article. (J/b., sec. 98; compare M. C., secs. 191, 192.) For fire-escape regulations see also Rev. Code, secs. 189-191. 584 REVISED CODE OR GENERAL ORDINANCES. [CHAP 1. Sec. 139. Stand pipes.—Every building of more than four stories in height shall have in connection with every fire escape on such building, a wrought iron stand pipe three inches in 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 St. Louis Fire Department: Provided, however, that this section shall be held not to apply to theaters and other buildings in which stand pipes have been placed by directiou of the Commissioner of Public Buildings or his predecessors in office. (J/b., sec. 99.) See. 140. Duty of occupants of buildings to keep stair- ways and fire escapes free from obstructions — penalty for violation. — It shall be 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 stairways as provided in sections 135, 186, 187 and 188 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 provision of this article shall be deemed guilty of a misdemeanor, and, upon conviction, shall, except in such cases where other penalties are provided, be fined not less than five dollars, nor more than five hundred dollars. (J/b., 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 doors, 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, excepting 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 matched boards 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 shutters, of such mechanism as may be ap- proved by the Commissioner of Public Buildings. They shall in any case comply with all requirements provided for standard hinged fire 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 placed on the openings of buildings in cases where lots which were vacant when the buildings were constructed are built upon, so that said openings become within forty feet from any building. (Jb., see. 101; compare M. C., sec. 193.) [ Above sec. amended after passage of Rev. (. by ord. 23181, appr. Aug. 19, 1907. | See. 142. Shutters to be opened from outside.—All shutters above the first story of any building shall be so arranged that they can be readily re. ART. IV.] BUILDING CODE. 585 opened from the outside by firemen. All rolling iron or steel shutters here- after placed on the first story of any building shall be Pee elastase fea so that said rolling shutters may be readily opened by the firemen. (Jb., 8 102; corresponds M. C., sec. 194.) Sec. 148. Inside fire doors.—Where openings in interior brick walls are required to be fitted with fire doors to prevent the spread of fire between buildings, or parts of any buildings, the said fire doors shall be made of wood covered with tin or galvanized iron, as described for standard fire doors and shutters. (Section 141, this article.) (/b., sec. 103; corresponds M. C., sec. 196.) Sec. 144. Doors and shutters to ! scupants of all buildings provided with fire doors and shutters shall close the said fire doors and shutters at the close of business each day. (J/b., sec. 104; corresponds M. C., sec. 195.) . Sec. 145. Sewer connections.—In all buildings now erected, or here- after to be erected in the City of St. Louis, used or intended to be used for mercantile or manufacturing purposes, and located where a sewer connec- tion can be made, there shall be in the basement or cellar a sewer connec tion, which can be opened immediately for the purpose of drainage in case the building or any of the floors or basement or cellar thereof shall be flooded from any cause, and the location of such sewer connection shall be indicated by a permanent and conspicuous sign near the ceiling or on the wall near the same, and such sign shall never be hidden or obstructed, ae shall always be in plain, open view. (Jb., sec. 105; corresponds M. C., se £19.) See as to sewer connections Rev. C., secs. 898, 1798, 2314. Sec. 146. Fire places, chimneys and flues.—All fire places, flues and chimneys in any building hereafter built, and all chimneys or flues here- after altered or repaired, without reference to the purposes for which they may be used, whether for gas or other fuel, shall have the points struck smooth on the inside. The brick walls inclosing all chimney shafts used for furnaces, heating boilers, bakers’ ovens, large cooking ranges and heat- ing furnaces, and all flues used for similar purposes, shall be ‘at least nine inches in thickness; or there shall be a cast iron or fire clay pipe built in- side of the flue, in which case the brick work surrounding such pipes may be four inches in thickness. All chimneys containing ordinary flues shall be built to a height of at least four feet above the roof covering. All smoke flues of smelting furnaces, or of steam boilers or other apparatus, which heat the flues to a high temperature, shall be built with double walls, with an air space between them, the inside four inches to be of fire brick or fire clay slabs or blocks laid in fire clay mortar to a height of twenty-five feet from the bottom. Smoke stacks built entirely of steel, cast or wrought iron, may be erected for any of the above uses, provided they are effectually inclosed in masonry or fireproof shafts, in such a manner as to render the building safe against damage by fire. (/b., sec. 106; corresponds M. C., sec. 180.) See. 147. Chimneys and flues to be built how.—All chimneys and flues in buildings of the fourth-class, or detached from the brick walls of buildings of the second or third class, shall be built of brick with sur- rounding walls not less than nine inches thick, unless there be flue linings as before specified in section 146 in which case such chimneys and flues may be built with four-inch walls. (/b., sec. 107.) 586 REVISED CODE OR GENERAL ORDINANCES. [CHAP 1. Sec. 148. Supports for chimneys—unsafe chimneys.—No chimney shall be supported or built upon any floor or beam of wood. In no case shall a chimney be corbeled out more than nine inches from the wall, and in all cases the corbeling shall consist of at least five courses of brick or stone corbeling of equal height. Where chimneys are supported by piers, the piers shall start from the foundation on the same line with the chimney breast, and shall not be less than thirteen inches on the face and properly bonded into the wall. No chimney shall be cut off below, in whole or in part, and supported by wood, but shall be wholly supported by stone, brick or iron. All chimneys which shall be dangerous, in any manner whatever, shall be repaired and made safe, or taken down. (Jb., sec. 108; corresponds M-C., sec. 181.) Sec. 149. Fire places, hearths.—All fire places, whether for gas or other fuel, shall have fire backs and jambs of brick work not less than nine inches in thickness, and shall have hearths not less than twenty inches wide from the face of the breast, and extending the full length of the chimney breast, laid upon trimmer arches of brick, stone, tile or concrete, turned in such a manner as to be self-supporting. The centering must be removed upon completion of the arch and before plastering, and no wooden center- ing or support shall be allowed to remain below and in contact with any trimmer arch or hearth. (JD., sec. 109.) Sec. 150. Installing of boilers, furnaces and ovens.—No steam boiler or heating boiler, or heating furnace, or smelting furnace or forge or baking oven or roasting oven or like apparatus, whereby the danger from fire is increased, shall hereafter be installed or erected or used in any build- ing; nor shall any such stove, range, oven or heating apparatus, as is men- tioned in section 151 of this article, be installed, or erected, or used, until a permit so to do from the Commissioner of Public Buildings has been issued and the fees required by section 54 have been paid. Provided that ordinary cooking and heating stoves in dwellings or other buildings wherein not more than fifty persons are lodged or assembled or employed, may be installed and used without such permission from the Commissioner of Public Buildings. All such apparatus shall be so installed as to conform to all the require- ments of this article, and it is hereby made the duty of the owner, manager, lessee, tenant, or agent of every building to comply with the requirements of this article in the erection and installation of such boilers, furnaces, ovens, ranges, and like apparatus. In all buildings, the floors under and around all boilers, hot water heaters, heating furnaces, ovens, coffee roast- ers, or other apparatus, in which fires are maintained, shall be non-combusti- ble or protected by a covering of brick or concrete not less than four inches in thickness, and extending not less than ten feet in front, and at least four feet on all other sides. On top of this fireproof covering shall be placed a ventilated hollow brick or tile foundation, upon which shall be set such low pressure boilers, hot water heaters, heating furnace, oven, coffee roaster or other structures in which fires are maintained. The space between the sides of any low pressure boiler, hot water heater, heating furnace, oven, stove or other apparatus in which fires are maintained, and any woodwork or wooden construction shall not be less than five feet, unless all such wood- work be protected by metal shields, or other fireproof materials; and then such space shall not be less than eighteen inches, and no woodwork shall be within eight feet of any furnace door of such apparatus unless similarly protected. The space between any such apparatus and any wooden ceiling or wooden ceiling beam shall not be less than five feet, unless such wood- work be protected by metal shields or other fireproof materials extending ART. IV.] BUILDING CODE. 587 at least eighteen inches in all directions beyond the sides of such apparatus ; and if the. space between such ceiling and such apparatus be less than two feet, then such shield or protection shall be double and be separated by metal furrings with an air space of at least two inches between such cover- ings, but in no case shall it be permissible for any such apparatus to be nearer to any wooden ceiling or wooden ceiling beam than one foot. No steam boiler, or heating boiler, or heating furnace, or forge, or apparatus, whereby the danger from fire is increased, shall her after be used in any building until the same has been examined and approved by the Commis- sioner of Public Buildings, who shall then issue a permit for the use of such apparatus, and his certificate that it conforms to the requirements of this article, upon the payment of the fees required in sections 54 and 55 of this article. (J/b., sec. 110; compare M. C., sec. 187.) Sec. 151. Stoves, ranges and as ‘ranges are set upon combustible floors, except in dwelling houses as mentioned in section 152, they shall be so set as to leave an air space of not less than four inches between them and the floor, and the floor shall be protected by sheet metal extending three feet in front and one foot on all other sides. The space between the sides of any such stoves or ranges and any woodwork or wooden construction shall not be less than four feet unless all such wood- work be protected by metal shields or other fireproof material; and then such space shall not be less than eighteen inches. Metal or non-combustible ash boxes, raised off the floor, must be provided where ashes are kept in a building. No stove, range, oven or heating apparatus shall be used in any hotel, theater, hospital, school, hall or other building in which more than fifty persons are lodged or assembled or employed until the same shall be examined and approved by the Commissioner of Public Buildings, who shall then issue a permit for the use of such stove, oven or heating apparatus and his certificate that it conforms to the requirements of this article, upon the payment of the fee required in section 54 of this article. (Jb., sec. 111; compare M. C., sec. 189.) Sec. 152. Setting of stoves and ranges.—Every stove or range or other apparatus in which fires are maintained, excepting such as are pro- vided for in sections 150 and 151 of this article, when set upon combustible floors, shall have the floors under them protected with sheet metal extending two feet in front of and one foot on all other sides of same. The space be- tween the sides of any such stoves or ranges and any woodwork or wooden construction shall not be less than three feet, unless all such woodwork be protected by metal shields or other fireproof materials; and then such space shall not be less than eighteen inches. It shall be the duty of every owner of every such stove or range, as is mentioned in this section, to cause the same to conform in every particular with the requirements of this section. (Ib., sec. 112.) Sec. 153. Smoke pipes, hot air pipes and registers and steam pipes.—No smoke pipe shall extend through any external wall un- less connected with a flue, chimney, or stack, built as required by this article. No smoke pipe shall pass through any window, door, floor, roof or partition constructed of combustible materials, unless there be a space of at least eighteen inches between such smoke pipe and such combustible material ; or such smoke pipe may be surrounded by a double metal thimble of suf- ficient length to extend completely through such window, door, floor, roof or partition and having a ventilated air space of not less than four inches around the pipe, but such air space shall not be less than one-third the 588 REVISED CODE OR GENERAL ORDINANCES. [CHAP 1, diameter of the pipe. No smoke pipe shall be placed nearer than eighteen inches to any combustible material, unless such combustible material be protected by a coating of plaster on metal lath, or by a metal shield two inches distant from such combustible material, in which case the smoke pipe shall not be placed nearer than nine inches to such combustible ma- terial. No smoke pipe having a greater diameter than nine inches shall be placed nearer than twice its diameter to any combustible material, un- less such material be protected as aforesaid, and when so protected shall not be placed nearer thereto than three-fourths of its diameter, unless by written permission of the Commissioner of Public Buildings. All smoke pipes shall be put together with rivets, bolts or approved lock joints, and must be maintained in good order. All pipes for the distribution of hot air shall be of metal or non-combustible material, and when vertical pipes are inclosed in partitions or any covering of combustible materials, such pipes shall be double, with an air space of at least one-half inch between the inner and outer pipes and between the outer pipe and any woodwork or combustible material; or, if such pipes are single, then they shall be covered with asbestos paper of not less than two-ply in thickness, or with other approved material of equal non-conducting and non-combustible qual- ity, and be kept at least two inches away from all woodwork or combustible material unless such woodwork be tinned, and then they shall be kept not less than one inch away from such woodwork or combustible materials. Horizontal hot air pipes shall be kept at least six inches away from all woodwork or combustible material, unless the same be protected by metal shields or by plaster, and then they shall not be nearer than two inches to such woodwork or combustible materials, and where such horizontal pipes are concealed or surrounded by woodwork or other combustible material, in the same manner as is herein required for vertical pipes. All hot air regis- ters when placed in a floor next above a furnace or other heater shall be set in approved non-combustible borders not less than two inches in width, and shall have an air space of at least two inches on all sides and bottom of register box. All register boxes shall have a separation from all wood- work or combustible material, equal to that herein required for concealed hot air pipes. No wooden lathing shall be placed in front of or over any hot air pipe. No steam pipe or steam return pipe or hot water pipe shall be placed nearer than one inch to any woodwork or combustible material, unless the same be protected by metal shields, and then they shall not be placed nearer thereto than one-half inch. (/0b., see. 113; compare M. C., sec. 188.) See. 154. Penalty.—It shall be the duty of the owner or user of every apparatus of the kinds described in sections 150, 151, 152 and 153 of this article, to cause the same and its appurtenances to be kept in a condition to comply with all.of the provisions of this article relating thereto. Every person who shall maintain, or use, or cause to be maintained or used, any such apparatus as is described in sections 150, 151, 152 and 153, in viola- tion of this article, or who shall maintain or use any such apparatus in a condition to endanger life or property, shall, upon conviction, be deemed guilty of a misdemeanor and fined not less than five dollars nor more than five hundred dollars for each offense. (Jb., sec. 114.) Sec. 155. Boiler rooms, coal or fuel rooms.— All high pressure steam boilers, hereafter to be placed in any building (except when in sep- arate brick boiler house), shall be placed in a fireproof room, the walls of which shall be constructed of brick, stone or concrete, of not less than thir- teen inches in thickness, and all openings into such fireproof room shall be ART. IV.] BUILDING CODE. 589 provided with standard fire-proof doors. The ceiling or floor over all such boiler rooms and the ceiling or fioor over all such coal or fuel rooms in such buildings, shall be constructed of concrete or masonry, supported upon iron or steel beams or masonry arches. Every boiler room when below ground, or when under any sidewalk, shall have stationary iron ladders or stairs leading directly to a man-hole or other opening to the outside, or other adequate means of exit, which shall be approved by the Commissioner of Public Buildings. (Jb., sec. 115; compare M. C., sec. 183.) Sec. 156. Boiler houses.—All buildings hereafter to be erected for boiler houses, unless entirely of fireproof construction, shall have walls of either brick or stone of thickness as required by sections 86 and 96 of this article, and shall be so constructed that a clear space of at least eight feet shall exist between any part of the boiler and the roof, ceiling, or other woodwork. (/b., sec. 116; compare M. C., sec. 184.) Sec. 157. Cupola chimneys.—Cupola furnaces for foundries shall have chimneys extending at least ten feet above the highest point of any roof within a radius of forty feet of such cupofa, and shall be provided with an approved spark arrester. (Jb., sec. 17; compare M. C., sec. 186.) Sec. 158. Height of smoke stacks and chimneys.—The tops of all smoke stacks and chimneys, hereafter erected, shall be carried above the roofs of surrounding buildings so as to protect them from smoke, gases and fumes; and they shall have approved spark arresters when necessary to prevent the escape of sparks. The heights of such smoke stacks and chimneys shall not be less than here given, to-wit: Smoke stacks and chim- neys having a sectional area of one hundred square inches or less shall ex- tend at least four feet above the top of every building within twenty feet thereof; smoke stacks and chimneys having a sectional area of more than one hundred square inches and less than three hundred and eighty square inches, shall extend at least eight feet above the top of every building within one hundred feet thereof; smoke stacks and chimneys having a sectional area of more than three hundred and eighty square inches, shall extend at least twelve feet above the top of every building within two hundred feet thereof. (fb., sec. 118; compare M. C., 185.) See. 159. Building Commissioner may enter premises and raise smoke stacks and chimneys.—The Commissioner of Public¢ Buildings is herehy authorized to enter upon any premises whereon any smoke stack or chimney, erected prior to the passage of this ordinance, shall be maintained of a less height than provided in the preceding section, and raise such smoke stack or chimney to a height to conform to the require- ments of section 158. It shall be the duty of every owner or occupant of every such premises to permit said Commissioner to enter upon such prem- ises for the purposes aforesaid. (/b., sec. 119.) Sec. 160. Penalty.—Every person who shall maintain or use any smoke stack or chimney erected after the passage of this ordinance, in viola- tion of the provisions of section 158, or any person who shall refuse to ad- mit the Commissioner of Public Buildings or his agents to any premises for the purpose of raising any smoke stack or chimney maintained thereon, as provided in section 159 hereof, shall, upon conviction, be deemed guilty of a misdemeanor and be fined not less than five dollars nor more than five hundred dollars for each offense, and every day whereon such violation Shall exist or such admission be refused the Commissioner of Publie Build- ings, shall constitaite a separate offense. (J/b., sec. 120.) REVISED CODE OR GHNERAL ORDINANCES. [CHAE Le Sec. 161. Gas, when turned on, to be Kept burning.—No person shall in any building in this city turn on the gas, or cause or suffer the same to be turned on, or escape from the gas pipe in such building, un- less such gas be lighted at once, and kept burning until properly turned off. (/b., sec. 121; corresponds to M. C., sec. 63.) Sec. 162. Gas Fixtures.—All gas lights shall be placed at least three feet below any ceiling or exposed woodwork, unless the same be properly protected by a metal shield suspended at least one inch below ceiling or woodwork, in which cases the distance shall not be less than eighteen inches, and all gas fixtures or devices for the use of gas shall be so lo- cated and protected that the use thereof cannot ignite any combustible ma- terials. Every bed room in every lodging house, hereafter erected, in which there are gas fixtures or devices, or outlets for the attachment of such gas fixtures or devices, shall have ventilating openings at or near the ceiling, which opening shall have an unobstruc ted area of not less than one hun- dred square inches, and such greater area as shall be determined by the Commissioner of Public Buildings. These ventilating openings shall open into the public corridors of such house; and it shall be the duty of every keeper or proprietor of every public lodging house to see that the ventilating openings required by this section are kept open and unobstructed. All buildings hereafter altered, or converted to be used as lodging houses, shall be made to conform to the requirements of this section. It shall be the duty of the owner or keeper or proprietor of every lodging house now in the City of St. Louis to cause such lodging house to conform to the requirements of this section within six months after the passage of this ordinance. (JD., sec. 122; compare M. C., sec. 203.) Sec. 163. Gas pipes and fixtures to be Kept in order— upon whom duty rests.—lIt shall be the duty of the owner or lessee of every building wherein gas pipes are installed, to maintain such pipes in a state of good repair and keep them tight, and to immediately repair or make tight any defective or leaking gas pipes upon notice from the Com- missioner of Public Buildings. It shall be the duty of every occupant of a building who uses gas, whether he be owner, lessee or tenant, to maintain all gas fixtures, gas stoves, gas heaters or other devices for the use of gas, in a state of good repair and keep them tight; and to immediately repair or make tight any defective or leaking fixture or device upon notice from the Commissioner of Public B uildings. It shall be the duty of every company or person supplying gas to any building when notified by the Commissioner of Public Buildings of any leaking or defective gas pipe or gas fixture or device in any building, to immediately shut off the gas supply to such building, and not to turn on or supply gas again to such building until such defec- tive gas pipe or fixture shall have been repaired and made tight. (Jb., sec. 123; compare M. C., 203.) Sec. 164. Hatchways or well holes to be barred or inclosed. —ITEvery hoistway, hatchway, stairway, or well hole in every building, shall hereafter be securely guarded by means of proper gates, railings or guards, or other inclosures, which may be approved by the Commissioner of Public Buildings. Such guards or railings shall. not be less than three feet in height nor more than one foot above the floor, and shall be so constructed as to effectually prevent persons from falling into such hoistways, hatch- ways, Stairways, or well holes. The owners, lessees, or occupants of any building in the City of St. Louis, in which hatchways or well holes exist, or shall hereafter be constructed, shall cause the sanfe to be effectually 7M SAN a Bey BUILDING CODE. 591 barred or inclosed, as provided in sections 167, 168, 169 and 170 of this article, for the prevention of accidents therefrom. (Jb., sec. 124; see M. C., secs. 42, 197.) See. 165. Same—notice.— It shall be the duty of the Commissioner of Public Buildings to notify such persons mentioned in the preceding sec- tion who have hatchways or well holes in their buildings, to have the same properly guarded or inclosed. (Jb., sec. 125; compare M. C., secs. 43, 198.) Sec. 166. Same — penalty. If any person mentioned in section 164 shall fail, neglect or refuse to comply with notice aforesaid for the period of thirty days after same is given, as provided in section 165, he shall be guilty of a misdemeanor, and upon conviction shall be fined not less than fifty dollars, nor more than five hundred dollars for each offense. (1b., sec. 165; compare M. C., sec. 44.) See. 167. Hateh doors for elevators or hoistways.—In every building hereafter erected or altered to be used for manufacturing or mer- cantile purposes, in which there shall be hoistways, or elevators, or well holes, not inclosed in walls constructed of brick or other fireproof material and provided with fire doors, the openings thereof through and upon each floor of said buildings shall be provided with approved automatically closing metal clad hatch doors for every such hoistway, elevator, or well hole. Outside windows or openings into every elevator shaft or hoistway shall have such sign or device to indicate the existence of said shaft or hoistway as shall be approved by the Commissioner of Public Buildings. (Jb., sec. 127; compare M. C., secs. 198, 199.) Sec. 168. Ineclosure of elevators in mercantile or manufac- turing buildings.—Elevator shafts in all mercantile and manufacturing buildings, exceeding three stories in height, hereafter built or altered, to be occupied by more than two tenants above the first story, shall be in- closed with walls or partitions of approved fireproof material, and have automatically closing metal clad doors at ali openings thereto. (J/b., sec. i25> compare M.C., sec. 199.) Sec. 169. Elevators in connection with stairways.—In all buildings hereafter erected or altered, wherever elevators are placed in the well holes of or adjacent to stairways, such elevators and stairways shall be inclosed with partitions of approved fireproof materials. (/b., sec. 129; compare M. C., sec. 200.) See. 170. Grating and floor under machinery and top of ele- vator shafts.—There shall be placed below the machinery and sheaves at the top of every elevator shaft, hereafter constructed or altered, a substan- tial grating or screen of iron, so constructed as to prevent persons or ob- jects from falling into such shafts, and sufficiently open to permit flames and smoke to pass through to the skylight’ or windows provided in section 172. If such shaft be floored over with a solid flooring, such flooring shal] not cover more than one-half of the area of such shaft, and at least one-half of the area of such shaft shall be covered with an approved open grating. (Ib., sec. 1380; compare M. C., sec. 201. Sec. 171. Dumb waiters. — Dumb waiter shafts, except in dwell. ings, shall be constructed of approved non-combustible materials, and there shall be approved metal clad doors at all openings thereto. (Jb., sec. 131; compare M. C., sec. 202.) 592 REVISED CODE OR GENERAL ORDINANCES. [CHAP 1. =~ Sec. 172. Skylights over elevators, ete.—In all buildings here- after erected or altered, the roof immediately over every hoistway, elevator, open shaft or well hole, shall be provided with a skylight containing not less than twenty-five square feet of glass; said glass shall be set in metal sashes or frames, in lights of not less than two hundred square inches each, and shall not exceed one-eighth inch in thickness. There shall be suspended immediately below this glass a strong wire netting. Provided, that if in the sides of an elevator pent house, or at the top of any such shaft or well hole, there be windows having thirty-five square feet of glass of the thick- ness herein specified for skylights, then the Commissioner of Public Build- ings may, at his discretion, permit the skylights above described to be omitted. (Jb., sec. 182; compare M. C., sec. 175.) See. 173. Strength of floors and roofs—definition of live and dead loads, — The minimum live loads which the floors of buildings shall be capable of supporting, when uniformly loaded over their entire surface, shall be: For stores, factories, commercial buildings and ware houses, one hundred and fifty pounds per square foot; for office buildings, on all floors above the first, seventy pounds per square foot; for office buildings on the first floor, one hundred and fifty pounds per square foot, for places of public assembly, including schools, one hundred pounds per square foot; for dwellings, lodging and tenement houses, sixty pounds per square foot. For all flat roofs, forty pounds per square foot. When the purpose for which any building shall be used subjects its floors to greater loads than those given above, then such building shall be so constructed as to safely support such loads, with the factor of safetv prescribed in this article for the materials of its construction. Live loads are here taken to mean loads that are movable and transient, and that are not a part of the building, as distinguished from dead loads, which are here taken to mean the fixed and component parts of the building. (J/b., sec. 183; compare M. C., sec. 158.) Sec. 174. Load on floors to be safely distributed. — The weights placed on any floor in any building shall be safely distributed thereon. The Commissioner of Public Buildings may require the owner or occupant of any building, or portion thereof, to redistribute the load on any floor or to lighten such load where he may deem the same to be neces- sary for the protection of life and property. No person shall place, or cause or permit to be placed, on any floor of any building any greater load than the safe load thereof, to be estimated and ascertained as provided in section 175 of this article. (/b., sec. 134; compare M. C., sec. 159.) Sec. 175. Strength of floors to be computed—Commissioner may enter premises and revise computation. — In all manufactur- ing or commercial buildings, where heavy materials are kept or stored or where heavy machinery is operated, it shall be the duty of the owner or occupant of such building within ninety days of the passage of this ordi- nance to have the strength of the floors of such building, and their sup- ports, computed by some competent person to be employed by the owner or occupant, to estimate the weights which may be safely sustained per square foot of floor in such building, and to reduce such estimate to writing, stat- ing the materials, sizes, distance apart and span of beams and girders, posts or columns supporting each floor in such building, and the correct- ness of such estimate shall be sworn to by the person making the same, and it shall thereupon be filed in the office of the Commissioner of Public Build- ings. But if the Commissioner of Public Buildings shall have cause to ART. IV.] BUILDING CODR. 593 doubt the correctness of said estimates he is empowered to revise and cor- rect the same, and for the purpose of such revision the officers and employes of said building department may enter any building and clear so much of any floor or portion thereof as may be required to make necessary meas- urements and examinations. (Jb., sec. 185; compare M. C., secs. 160, 161.) Sec. 176. Approval—notice to be posted on each floor,— When the correct estimate of the weight that the floor in any manufacturing or commercial building will safely sustain has been ascertained, as provided in section 175 of this article, the Commissioner of Public Buildings shall approve the same, and thereupon the owner or occupant of said building, or any portion thereof, shall post a copy of such approved estimate in a conspicuous place on each story of the building to which it relates. Before any building shall, after ninety days from the passage of this ordinance, be used and occupied, in whole or in part, for any of the purposes aforesaid, the weight that each floor will safely sustain upon each superficial foot thereof shall be ascertained and posted as hereinbefore specified. (J/0., sec. 136; compare M. C., sec. 163.) Sec. 177. Columns. — All columns in building required by this article to be buildings of the first-class, or columns supporting brick walls in buildings more than four stories in height, shall be of iron or steel and made fireproof by a covering of not less than three inches in thickness of approved fire-resisting materials. No column of cast iron shall have a less thickness of shell than three-quarters of an inch nor have a length exceed- ing twenty-five times its least diameter. No column of wrought iron or steel shall have a less thickness of metal than one-quarter inch. No column of wood shall have a greater length than forty times its least diameter; nor shall any column of wood be permissible in the cellar or basement of any lodging house, tenement house, or office building of more than three stories in height; nor shall any column of wood in any building of more than three stories in height, stand upon any bolster or girder of wood, but all such columns shall stand upon metal caps or plates of sufficient size to receive the columns and their loads. (J/b., sce. 157.) Sec. 178. Loads on columns.—Every column shall have a calcu- lated capacity to support in addition to the dead loads imposed thereon, the live loads for which dependent floors are calculated (see section 173), in not less than the following proportions: For the floor immediately above every column, its full live load; for the floor second above, ninety-five per cent of its live load; for the floor third above, ninety per cent of its live load; for the floor fourth above, eighty-five per cent of its live load; and for each succeeding floor above, a proportion diminished by not more than five per cent, but in no case shall the live load of a floor be taken at less than forty per cent of its calculated amount; and the required supporting ca- pacities so determined shall be the minimum permissible for the factors of safety and allowable stresses given in section 181. (Jb., sec. 138; compare M. C., sec. 225.) Sec. 179. Loads on girders.—FEvery girder shall have a calculated capacity to support, in addition to the dead loads imposed thereon with the factors of safety given in section 181. (Jb., sec. 139; compare M. C., 226.) 594 REVISED CODE OR GENERAL ORDINANCES. [CHAPS Sec. 180. Loads on beams.—Every beam shall have a calculated capacity to support the full dead and live loads imposed thereon, with the factors of safety given in section 181. (Jb., sec. 140; compare M. C., sec. 227.) Sec. 181. Factors of safety and allowable unit stresses.— The factors of safety for materials of construction shall not be less than the following: For materials subject to transverse or tensile strains: The unit stresses allowed shall not exceed the following proportions of the ulti- mate breaking strength, to-wit: For steelior wrought irony wes a Os io ee ee One-fourth FOr: WOO Soke os. 2 SAO A aloe ee sche cate Rca OT Loot ste eat a ee a One-sixth FOr Cast rom eS ilul ah BAe aa ets ee eee eee ee One-eighth For materials subject to compression, the strains shall not exceed: For brick work (a), three hundred pounds per square inch. For brick work (b), two hundred and ten pounds per square inch. For brick work (c), one hundred and twenty pounds per square inch. (a) Strictly hard bricks laid in Portland cement -mortar. (b) Ordinary hard and red bricks laid in natural cement mortar. (c) Merchantable bricks laid in lime mortar. For concrete, as described in section 82, two hundred and fifty pounds per square inch. For wooden posts with square ends, the compression in pounds per square inch shall not exceed the amounts given in the following table, for the respective ratios of length to the least diameter: Pounds per Unsupported Length Square Inch, Divided by the Oak or Least Diameter. White Pine. Yellow Pine. VOT 5: séduioegae se teas: Ree ane LUk Ceirgk cae een ee me 700 pounds. 800 pounds. Fifteen 6.5652 sain a hae tha ti a ee 615 pounds. 710 pounds. T went ys. psc d cn het, ties Wey cer ens cena i eres euleeraete den UT) LL) emt Oa Leas Twenty -f1VeGr ec in tol, Pet eee ae ec 445 pounds. 530 pounds. TRIPE a's oe ee eae en ee eee eee eee 360 pounds. 440 pounds. TRIPE yA Veo ui ge db alee oka sa a a 275 pounds. 350 pounds. HOrtynd ie SBR A ee er 190 pounds. 260 pounds. For cast iron, round or rectangular columns, with square ends, the compression in pounds per square inch shall not exceed the amounts given in the following table for the respective ratios of length to the least diam- eter: Unsupported Length Divided by the Pounds per Least Diameter. Square Inch. TOT ss hj ahicee tees ae eR. AeA ail a ee a Ce at la 8,900 pounds. Fifteen: .\ spe piscie eked atlocers tf Gong wey ane getty Oe oe ery ee ee 7,800 pounds. Twenty. 5) sispa ibe) Pe eet iy mae. cosas ads ee le ee ee 6,700 pounds. Twenty-five :.cse ie Noe iia s sarees ioe mee inn ee eee 5,600 pounds. ART. IV.] BUILDING CODE. 595 For medium steel columns with flat ends, the compression in pounds per square inch shall not exceed the amounts given in the following table for the respective ratios of length to least radius of gyration: Unsupported Length Divided by Least Radius Pounds per of Gyration. Square Inch. a PHT Che Pa et date x ein Nal vu Pal Bin PA aAce Ana era lcs FN Os 12,444 pounds. ag RIE cade Tae ts DU ERR fa) 8, PRR rn ee ee ae 11,262 pounds. INS 5 Ui gRLe RE Ge Nace, tard OL Sr Re Be a eee ea 10,613 pounds. UST AN TECH mtr Pty, ro Reg SRN ted tee a eit Gia cm atehiee tes 9,782 pounds. MUIERIRICICE TR LIVCLEL WOlLU ete er craters te ee arts eels ole teat nat eh 8,925 pounds. EAE GUY PSS HOTS OA eis eee a ara me a 8,182 pounds. CODES SSE MESS Sy Bg ry tS a fe ea ee 7,306 pounds. aE ead 0 ae ee ac 6,579 pounds. 0 UES 5c Si RIES SON TE i ain ees er ae a ee oe 5,925 pounds. UMMM UEC EDT LUA TLC ENG SV OTL Viet ate cate Poe as tik Tuite Pes abn ato a Shale «lee ee 5,332 pounds. MMMM PITRELECCLRLILCE LOE G Vane oe tate tee ee gs, Lark Mel tele Nets Meh has O td. 4,807 pounds. (Zb., sec. 141; compare M. C., sec. 229.) Sec. 182. Restriction of floor areas.—The undivided floor area permissible in buildings of three or more stories in height, shall not exceed twelve thousand square feet for buildings of the first-class; nor exceed seven thousand five hundred square feet for buildings of the second and _ third- class. Larger buildings shall have brick partition walls of the thickness required in section &6 of this article, so located that no undivided floor area shall exceed the figures above given. There shall be automatically closing fire doors on each side of the wall of approved construction for all openings in such partition walls, and said walls shall be carried above the roof and capped as provided in section 102 of this article. (Jb., sec. 142; compare Bim, Lol.) Sec. 183. Unrestricted floor areas.—Buildings of the first-class, or buildings of the second-class, as provided in section 64 of this article, and having all stairways and elevators or other openings from story to story, inclosed with wall of brick or concrete, provided with approved self-closing fire doors at all openings in such walls, may be constructed without restric- tion as to floor areas, provided such buildings be equipped with approved automatic sprinkling devices throughout every story. (J/b., sec. 143; com- pare M. C., secs. 158, 159.) Sec. 184. Unrestricted floor areas—when stairs and _ ele- vators are open. — Buildings of the first-class or buildings of the second- class, when equipped with approved automatic sprinklers, may be built ex- ceeding the floor areas provided in section 182 of this article, and have open stairs and elevators; provided such buildings have in addition to such open stairways and remote from any open stairway, elevator or open shaft, such a number of fireproof stairways inclosed in walls of brick or concrete, as shall not be less than one such fireproof stairway for every fifteen thousand Square feet of floor area, or portion thereof, for buildings of the first-class ; or one such fireproof stairway for every ten thousand square feet or portion 596 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 1. thereof of floor area for buildings of the second-class. Such fireproof stair- ways shall be so placed that they may only be entered from the open air in every story; they shall not be less than three feet eight inches wide, without winders, with handrails on both sides, and shall have treads of not less than ten inches, nor risers of more than eight inches. All doorways leading to such stairways, on all floors above the ground floor, shall open towards the stairs and shall be plainly indicated by means of conspicuous signs; doors leading from such stairways on the ground fioor shall open outwardly and to the open air. (Jb., sec. 144; compare M. C., secs. 157, 158.) See. 185. Skeleton construction buildings.—Buildings of skele- ton construction shall be buildings of the first-class, and constructed upon a steel or iron framework, so designed and constructed as to be capable of resisting all strains from the weight of the structure, its contents and the pressure of the wind, within the limits of the factors of safety and unit stresses provided in section 181 of this article. AJl structural members of such buildings shall be fireproofed and protected as provided in section 62 of this article. (Jb., sec. 145; compare M. C., sec. 219.) See. 186. Exterior walls of skeleton buildings.—Exterior walls of skeleton buildings shall not be less than eighteen inches in thickness, un- less they be supported in each story height by the framework, in which case they shall not be less than thirteen inches in thickness. All exterior walls shall have at least eight inches of masonry outside of all girders support- ing more than one story of the masonry, as provided in section 62, and all such walls and masonry shall be securely anchored to the columns and frame- work. (Jb., sec. 146; compare M. C., sec. 220.) Sec. 187. Wind pressure on skeleton buildings.—The frame work of a skeleton building shall be constructed to resist a horizontal wind pressure of thirty pounds per square foot on all exposed surfaces above grade. Where there are buildings immediately adjoining, the wall surface covered by such buildings will be considered as not exposed to wind press- ure. The factors of safety to be used in computing the sections required to resist wind pressure shall be such that the unit stresses provided in section 180 of this article shall not be exceeded by more than twenty per cent. (JD., sec. 147; compare M. C., sec. 228.) See. 188. Construction shall conform to accepted standards,— The materials and workmanship of construction for the framework of skele- ton buildings shall not be inferior in quality to the requirements of the standard specifications of the “Association of American Steel Manufac- tures.” (/b., sec. 148; compare M. C., sec. 230.) See. 189. Hotels, boarding houses, ete.—fire escapes to be provided—red_ light.—It is hereby made the duty of every keeper or proprietor of every hotel, public boarding or lodging house in the city, of three stories and over in height, where such building is not a building of the first-class, to provide with and securely fasten in every lodging room in said hotel, public boarding house or lodging house above the first story, which has an outside window, and is used for the accommodation of cuests or employes as a sleeping apartment, a rope or rope ladder for the escape of lodgers therein, in case of fire, of at least one inch in diameter, which shall be securely fastened within such room, and as near a window as practicable, and of sufficient length to reach therefrom to the ground, on the outside of ART.IV.] BUILDING CODE. 597 such hotel, public boarding or lodging house, and made of strong material; such rope or rope ladder shall be kept in good repair and condition. In lieu of a rope or rope ladder, there may be substituted any other appliance that may be deemed of equal or greater utility by the Commissioner of Pub- lic Buildings; but such appliances shall in all cases be so constructed.and situated as to be under the control and management of any lodger in such room. It is hereby further made the duty of every keeper or proprietor of every hotel, public boarding or lodging house in this city, of three stories and over in height, to provide and keep in plain view at the head of each flight of stairs, and also adjacent to the opening leading to each stationary fire escape on each and every floor of said hotel, public boarding or lodging house, a lamp or light with a red glass globe surrounding the light for the purpose of designating the location of said stairway and fire escape, re- spectively; said lamp or light shall be kept burning from twilight in the evening until daylight in the morning of each and every day. (J/b., sec. 149; compare M. C., sec. 52.) See also as to fire-escapesante R. C., sec. 138 et seg. Sec. 190. Same—notice to guests.—It shall be the duty of the proprietor or proprietors, or keepers, of every hotel, public boarding or lodging house, mentioned in the preceding sections of this article, to post or cause to be posted up notices in every room of such hotel, public board- ing or lodging house, calling attention to the fact that the provisions of this article have been complied with, and specifying in said notice the part of the room or building where the appliances to be used for the purpose’ of escaping from said buildings in case of fire are located and situated. (J6., sec. 150; corresponds to M. C., sec. 53.) Sec. 191. Same—watchman—alarm bell.—In all hotels, public boarding or lodging houses in the city containing more than twenty rooms and being more than three stories in height, the proprietor or proprietors, manager or managers, lessee, keeper or keepers, of each and every such hotel, public boarding or lodging houses, shall constantly keep and employ at least one competent and trustworthy man as watchman upon the base- ment floor and upon each and every floor above the second story thereof, whose duty it shall be to keep watch and guard in such hotel, public board- ing or lodging house, against fire, and to give warning in case fire should break out. Such watchman shall be on duty between the hours of nine o'clock p. m. and six o’clock a. m. of each and every day of the year, and in ‘ase of fire shall do all in his power to awaken each guest and all other persons therein, and inform them of such fire. . UG ana Viyers vst sta Louis) s.iMor App. 266) ‘Sic: 482.2Mo. 367, us. ¢. LEeUse 8.9566: In 1853 under its Charter the City of St. Louis had power to acquire property outside its limits for wharf purposes: Hafner vs. St. Louis, 161 Mo. 34. The city’s title to the wharf property has been much litigated but the title and accretions finally determined to be in the city. See Sweringen vs. St. Louis, it MO o45 cGwrite Of error dismissed in U.S: Sup. Ctseels5 U. S. 385 see: also Ove Sa Soe LOWuisnen) aU aaa ood le ator nene vse ot, sOUulSeeloL Mo: loca cit, 41: «St. Louis vs. Mo. Pac., 114 Mo. 13; Moses vs. St. L. Sectional Dock Co., 84 Mo. 242 (south wharf). Property may be condemned for wharf purposes: Waddingham vs. St. Louis, 14 Mo. 190. Property condemned for wharf purposes cannot be appropriated to a different and inconsistent use, nor can any part of it be disposed of by the city for private purposes: Belcher S.. R. Co. vs. St. L. G. El. Co., 82 Mo. 121; s. c. 101 Mo. 1. ec. 200; but the maintenance of a warehouse building on the wharf, to be used in connection with a grain elevator is a use incident to a ‘public vwhants Belcher. S. @.. Cob vs. St. L..G.Co., 101 Mow192. If the river is diverted by the city to make a new wharf line, or by extend- ing streets into the river, it is liable to the riparian owner as a taking of his property for public use, etc.: See Meyers vs. St. Louis, 8 Mo. App. 266 (see SecrsceMO..oot; bhoeleus, 566): By an act passed June 12, 1866, Ch. 116, sec. 9, 14 St. 63, Congress relinquished to the City of St.. Louis all the right, title and interest of the United States “in and to all wharves, streets, lanes, avenues, alleys and of the other public thoroughfares” within the corporate limits; but this did not purport to authorize the city to impair the rights of other riparian proprietors by extending streets into the river: St. Louis vs. Myers, 113 U. S. 566, 567. As to the construction of a free bridge across the Mississippi see references in note (a) to sec. 27, Chap. 4 of ‘Laws Specially Applicable to St. Louis,’’ ante page 86, and case of Haeussler vs. St. Louis (Sup. Ct. in banc, 103 So. West. 1034, decided July 2, 1907). As to the right of the city to charge wharfage, see below, note to Rev. Cone Ants 2eotechis Chapter: Sec. 346. Eastern boundary line of wharf—The eastern boun- dary line of the wharf as herein established shall be eastward from the base line described in section 348, and it shall be two hundred and fifty feet distant and parallel thereto from point (one) at the southern limit of the City of St. Louis to point (thirty-four A), near Franklin avenue; and from point (forty) at Mound street to point (sixty) at the northern city limit; between Franklin avenue and Mound street it shall be distant as follows: Two hundred and forty-seven feet at a point (thirty-four B), two hundred and forty-two feet at point (thirty-four C), two hundred and thirty-eight feet at point (thirty-five) Biddle street, two hundred and thirty feet at point (thirty-six) Ashley street, two hundred and twenty-five feet at point (thirty-six A), two hundred and twenty-two feet at point (thirty-seven) Smith street, two hundred and twenty-eight feet at point (thirty-eight) Florida street and two hundred and_ thirty- seven feet at point (thirty-nine) Mullanphy street. (Ord. 21256, sec. 1.) See preceding note. The Western boundary line of the wharf was fixed in part by ord. 5403, approved Aug. 6, 1864. As to condemnation proceedings in pursuance thereof, and establishment of the wharf see facts stated in Belcher 638 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 10. S. & Ri Co. vs. .St: La Goa El Cols 10iteMor loc. cit, 198.) and sin Moses eV Sa tae les Sectional Dock Co., 84 Mo. loc. cit. 244-245. This ordinance establishes the western line from a point in Biddle street northwardly to the then (1855) city limits and from Hazel (Chouteau) to the then southern limits of the city (Keokuk), making no provision from Biddle to Hazel. This ordinance was afterwards repealed by ord. 9889, approved Jan. 22, 1876, in so: far as the southern portion (from Anna street, now St. George, to Keokuk street), was defined, and by the latter ordinance a new line was enacted from the north line of Anna street to the southern city limits at River des Peres. Ord. 9889 was in. turn repealed by ord. 11078 (which is see. 379 of Mun. Code 1901) and the latter ordinance again repealed by ord. 21236, though in the repeal no mention is made of M. C., sec. 379, which as stated’ was ord. 11078 which is in terms repealed. (All of these ordinances also fixed the eastern wharf line, but in so far as the east line goes they are repealed by ord. 21236, being secs. 346 to 351 of this Re- vision.) The undefined western line of the wharf in the central portion of the city (from Biddle to Chouteau) must be determined by the effect of the condem- “nation proceedings for that purpose (see sec. 345 and note thereto). The eastern wharf line fixed by ordinance is identical with the outer harbor line of the system of harbor and.wharf lines adopted by the United States War Department April 6, 1903, and approved by the Secretary of War. * Sec. 347. Same—distances and ordinates.—All distances given herein [secs. 346 to 351] are horizontal and all ordinates described as rect- angular. (J0b., sec. 2.) Sec. 348. Same—boundary line.—Commencing at a point (one) in the southern boundary line of the city, which point is in the eastern prolongation of the line from “stone two” to ‘‘stone one,” and two hun- dred and twenty-five feet from “stone one;” thence to a point (two) in the north line of Davis street, seven hundred and eighty feet eastward from the southwest corner of block number thirty-one hundred and eighty-seven ; thence to a point (three) in the north line of Stein street two hundred and seventy feet eastward from the southwest corner of block number thirty hundred and eighty-eight; thence to a point (three A) twelve feet from the middle and on the westward side of the straight line joining the fixed point (three) with a point (four) hereinafter described ; thence to a point (four) in the eastern prolongation of the south line of Kraus street one thousand and seventy feet from the northwest corner of block number thirty hundred and eight; thence to a point (five) in the eastern prolongation of the south fine of IKansas -street seven hundred and eighty feet from _ the northwest corner of block number twenty-nine hundred and_= seyv- enty-six; thence to a point (five A) ten feet from the middle and on the westward side of the straight line joining the fixed point (five) with a point (six) hereinafter described ; thence to a point (six) in the east- ern prolongation of the north line of Dover street three hundred and fifty feet from the southwest corner of block number twenty-eight hundred and eighty-eight; thence successively to three points (six A), (six B) and (six C), in the ordinates which divide into four equal parts the straight line joining the fixed point (six) with a point (seven) hereinafter described, the said three points, in order northward, being twelve, seventeen and twelve feet westward from the said straight line ; thence to a ‘point (seven) in the eastern prolongation of the south line of Maeder street five hundred and eighty feet from the northwest corner of block number twenty-seven hun- dred and ninety-one; thence successively to three points (seven A), (seven B) and (seven C), in the ordinates which divide into four equal parts, the straight line joining the fixed point (seven) with a point (eight) hereinafter described, the said three points, in order northward, being fourteen, eight- een and fourteen feet westward from the said straight line, thence to a point (eight) in the eastern prolongation of the north “line of Neosho street west of Broadway, one thousand four -hundred and forty feet from the ART. I.] j OF HARBOR AND WHARF REGULATIONS. 639 southeast corner of block number twenty-seven hundred and eighteen ; thence successively to four points (eight A), (eight B), (eight C) and (eight D), in the ordinates which divide into five equal parts, the straight line joining the fixed point (eight) with a point (nine) hereinafter de- scribed, the said four points in order northward, being twenty-one, thirty- four, thirty-seven and twenty-eight feet westward from the said straight line; thence to a point (nine) in the eastern prolongation of the south line of Meramec street west of Marine avenue one thousand three hundred and twenty-five feet from the northwest corner of block number twenty-six hun- dred and sixty-five; thence to a point (nine A) ten feet from the middle and on the westward side of the straight line joining the fixed point (nine) with a point (ten) hereinafter described; thence to a point (ten) in the eastern prolongation of the south line of Osage street eight hundred and ninety feet from the northwest corner of block numbered. twenty-six hundred and twelve; thence to a point (ten A) five feet from the middle and on the westward side of the straight line joining the fixed point (ten) with a point (eleven) hereinafter described; thence to a point (eleven) in the eastern prolongation of the south line of Cahokia street one thousand two hundred and sixty [feet] from the northwest corner of block number seventeen hun- dred and sixty-two; thence to a point (twelve) in the eastern prolongation of the south line of President street one thousand and thirty feet from the northwest corner of block number seventeen hundred and seventy-four ; thence to a point (thirteen) in the eastern proiongation of the south line of Cherokee street nine hundred and thirty feet from the northwest corner of block number seventeen hundred and eighty-seven; thence to a point (four- teen) in the south line of Utah street eight hundred and ninety feet eastward from the northwest corner of block number twenty hundred and thirty- eight; thence to a point (fourteen A) five feet from the middle and on the eastward side of the straight line joining the fixed point (fourteen) with a point (fifteen) hereinafter described; thence to a point (fifteen) in the north line of Arsenal street one thousand four hundred and twenty-five feet east- ward from the southwest corner of block number twenty hundred and seven- teen; thence to a point (fifteen A) five feet from the middle and on the east- ward side of the straight line joining the fixed point (fifteen) with a point (sixteen) hereinafter described; thence to a point (sixteen) in the south line of Dorcas street one thousand three hundred and fifty-five feet eastward from the northwest corner of block number twenty hundred and seventeen ; thence successively to three points (sixteen A), (sixteen B) and (sixteen ©), in the ordinates, which divide into four equal parts, the straight line joining the fixed point (sixteen) with a point (seventeen) hereinafter de- scribed the said three points in order northward, being twenty, twenty- five and twenty feet eastward from the said straight line; thence to a point (seventeen) in the eastern prolongation of the north line of St. George street fifty-three feet from the southeast corner of block number seven hundred and seventy-six; thence to a point (seventeen A) five feet from the middle and on the eastward side of the straight line joining the fixed point (seventeen) with a point (eighteen) hereinafter described; thence to a point (eighteen) in the eastern prolongation of the south line of Victor street fifty-three feet from the northeast corner of block number seven hun- dred and seventy-seven; thence to a point (eighteen A) five feet from the middle and on the eastward side of the straight line joining the fixed point (eighteen) with a point (nineteen) hereinafter described; thence to a point (nineteen) in the eastern prolongation of the south line of Barton street ninety feet from the northeast corner of block number eight hundred and ‘seventy-one; thence successively to three points (nineteen A), (nineteen B) and (nineteen C), in the ordinates which divide, into four equal parts, 640 REVISED CODE OR GENERAL ORDINANCES. [CEVA a0: the straight line joining the fixed point (nineteen) with a point (twenty) hereinafter described, the said three points in order northward, being twelve, sixteen and ten feet eastward from the said straight line; thence to a point (twenty) in the eastern prolongation of the north line of Lesper- ance street fifty feet from the southeast corner of block number eight hun- dred and sixty-six; thence to a point (twenty A) five feet from the middle and on the eastward side of the straight line joining the fixed point (twenty) with a point (twenty-one) hereinafter described; thence to a point (twenty-one) in the eastern prolongation of the north line of Carroll street one hundred and ten feet from the southeast corner of block number eight hundred and sixty-three; thence to.a point (twenty-two) in the eastern prolongation of the north line of Miller street one hundred and forty feet from the southeast corner of block number eight hundred and sixty; thence to a point (twenty-three) in the eastern prolongation of the south line of Rutger street one hundred and forty feet from the northeast corner of block number eight hundred and fifty-nine; thence to a point (twenty-four) in the eastern prolongation of the south line of Convent street one. hundred and twenty-seven feet from the northeast corner of block number eight hundred and fifty-eight; thence to a point (twenty-five) in the eastern pro- longation of the south line of Chouteau avenue one hundred feet from the northeast corner of block number eight hundred and fifty-seven N.; thence to a point (twenty-six) in the eastern prolongation of the south line of Gratiot street seventy-two feet from the northeast corner of block number eight hundred and fifty-five; thence to a point (twenty-seven) in the east- ern prolongation of the south line of Plum street eighty-four feet from the northeast corner of block number eight hundred and fifty-three; thence to a point (twenty-eight) in the eastern prolongation of the south line of Spruce street eighty-six feet from the northeast corner of block number three; thence to a point (twenty-nine) in the eastern prolongation of the south line of Elm street eighty feet from the northeast corner of block number five; thence to a point (thirty) in the eastern prolongation of the south line of Market-street seventy feet from the northeast corner of block number seven; thence to a point (thirty-one) in the eastern prolongation of the south line of Pine street forty-five feet from the northeast corner of block number nine; thence to a point (thirty-two) in the eastern prolongation of the south line of Locust street fifteen feet from the northeast corner of block number eleven: thence to a point (thirty-three) in the eastern pro- longation of the south line of Washington avenue twenty-three feet from the northwest corner of block number thirteen; thence to a point (thirty- four) in the eastern prolongation of the north line of Morgan street twelve feet from the southeast corner of block number sixteen; thence successively to three points (thirty-four A), (thirty-four B) and (thirty-four C), in the ordinates which divide, into four equal parts, the straight line joining the fixed point (thirty-four) with a point (thirty-five) hereinafter described the said three points in order northward, being thirteen, twenty and fifteen feet eastward from the said straight line; thence to a point (thirty-five) in the eastern prolongation of the south line of Biddle street three hundred and twenty feet from the northwest corner of block number nineteen ; thence to a point (thirty-six) in the eastern prolongation of the north line of Ash- ley street one hundred and twenty-six feet from the southeast corner of block number two hundred and twenty-eight; thence to a point (thirty-six A) five feet from the middle and on the eastward side of the straight line joining the fixed point (thirty-six) with a point (thirty-seven) hereinafter described; thence to a point (thirty-seven) in the eastern prolongation of the south line of Smith street two hundred and five feet from the northeast. corner of block number two hundred and thirty; thence to a point (thirty- ART. I.] OF HARBOR AND WHARE REGULATIONS. 641 eight) in the eastern prolongation of the south line of Florida street two hundred and twenty feet from the northeast corner of block number two hundred and thirty-two; thence to a point (thirty-nine) in the eastern pro- longation of the north line of Mullanphy street one hundred and forty- seven feet from the southeast corner of block number two hundred and thirty-four; thence to a point (forty) in the eastern prolongation of the south line of Mound street one hundred and eighty-five feet from the north- east corner of block number two hundred and thirty-five; thence to a point (forty-one) in the eastern prolongation of the north line of Brooklyn street two hundred and fifty feet from the southeast corner of block number two hundred and thirty-seven; thence to a point (forty-one A) six feet from the middle and on the eastward side of the straight line joining the fixed point (forty-one) with a point (forty-two) hereinafter described; thence to a point (forty-two) in the eastern prolongation of the north line of Tyler street three hundred and eighty-five feet from the southeast corner of block number two hundred and eighty-nine I; thence to a point (forty-three) in the eastern prolongation of the north line of Madison street four hundred and thirty-seven feet from the southeast corner of block number two hun- dred and ninety-one E; thence to a point (forty-four) in the eastern pro- longation of the south line of North Market street five hundred feet from the northeast corner of block number twenty-one hundred and forty-two thence to a point (forty-five) in the eastern prolong gation of the north line of Warren street five hundred and fifty feet from the southeast corner of block number six hundred and seventy-two Ic; thence to a point (forty-six) in the eastern prolongation of the north line of St. Louis avenue five hun- dred and eighty feet from the southeast corner of block number six hun- dred and sixty eight IX; thence to a point (forty-seven) in the eastern pro- longation of the “north line of Dock street four hundred and ninety feet from the southeast corner of block number twenty-five hundred and forty- four; thence to a point (forty-eight) in the eastern prolongation of the north line of Destrehan street four hundred and sixty feet from the south- east corner of block number twenty-five hundred and thirty-eight; thence to a point (forty-nine) in the eastern prolongation of the north line of Salisbury street four hundred and thirty-five feet from the southeast corner of block number twenty-five hundred and thirty-four; thence to a point (fifty) in the eastern prolongation of the north line of Bremen avenue three hundred and ninety-five feet from the southeast corner of block number twenty-five hundred and twenty-five; thence to a point (fifty A) ten feet from the middle and on the eastward side of the straight line joining the fixed point (fifty) with a point (fifty-one) hereinafter described; thence to a point (fifty-one) in the eastern prolongation of the north line of An- gelica street two hundred and seventy feet from the southeast corner of Rack: number twenty-five hundred and seven; thence to a point (fifty-two) in the eastern pr olongation of the south line of Ferry street one hundred and fifty feet from the. northeast corner of block number twenty-five hun- dred and six; thence successively to three points (fifty-two A), (fifty-two >) and (fifty-two C), in the ordinates which divide, into four equal parts, the straight line joining the fixed point (fifty-two) with a point (fifty- three ) hereinafter described, the said three points in order northward, being thirty-five, forty-five and thirty-five feet eastward from the said straight line; thence to a point (fifty-three) in the north line of Grand avenue three hundred and ninety feet eastward from the southeast corner of block num- ber thirty-three hundred and twenty-two; thence to a point (fifty-three A) ten feet from the middle and on the eastward side of the straight line join- ing the fixed point (fifty-three) with a point (fifty-four) hereinafter de- scribed; thence to a point (fifty-four) in the eastern prolongation of the 642 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 10. south line of Prairie avenue four hundred and twenty feet from the north- east corner of block number thirty-three hundred and thirty-four; thence successively to eight points (fifty-four A), (fifty-four B), (fifty-four C), (fifty-four D), (fifty-four IX), (fifty-four F), (fifty-four G) and (fifty-four H), in the ordinates which divide, into nine equal parts, the straight line joining the fixed point (fifty-four) with a point (fifty-five) hereinafter de- scribed, the said eight parts, in order northward being forty-seven, one hun- dred and twenty-five, two hundred and ten, two hundred and seventy-five, two hundred and ninety, two hundred and eighty, twohundred and thirty and one hundred and forty-five feet westward from the said straight line; thence to a point (fifty-five) in the north line of Humboldt avenue two thousand and seventy feet eastward from the southeast corner of block number forty- two hundred and ten; thence successively to nine points (fifty-five A), (fifty-five B), (fifty-five C), (fifty-five D), (fifty-five IX), (fifty-five F), (fifty-five G), (fifty-five H) and (fifty-five I), in the ordinates which divide, into ten equal parts, the straight line joining the fixed point (fifty- five) with a point (fifty-six) hereinafter described, the said nine points, in order northward, being one hundred and forty-seven, two hundred and sixty, three hundred and fifty, four hundred and eight, four hundred and thirty, four hundred and sixteen, three hundred and _ sixty-three, two hundred and seventy-eight and one hundred and fifty-five feet westward from the said straight line; thence to a point (fifty-six) in the eastern prolongation of the north line of Baden avenue two thousand nine hundred and eighty feet from the southwest corner of block number forty-two hundred and sixty- four; thence successively to eight points (fifty-six A), (fifty- Sixes ts (fifty- six Gy, (fifty-six D), (fifty-six IE), (fifty-six F), (fifty-six G) and ee Six H), in the ordinates which divide, into nine equal parts, the straight line joining the fixed point (fifty-six) with a point (fifty-seven) hereinafter described, the said eight points, in order northward, being one hundred and ten, one hundred and ninety-three, two hundred and sixty, three hundred and three, three hundred and sixteen, two hundred and ninety, two hun- dred and twenty-eight and one hundred and thirty feet westward from the said straight line; “thence to a point (fifty -seven) in the eastern prolonga- tion of the north line of St. Cyr avenue nine hundred feet from the south- east corner of block number forty- -three hundred and thirteen E; thence successively to nine points (fifty-seven A), (fifty-seven B), (fifty-seven C), (fifty-seven D), (fifty-seven E), (fifty-seven F), (fifty-seven G), (fifty-seven H) and (fifty-seven I), in the ordinates which divide, into ten equal parts, the straight line joining the fixed point (fifty-seven) with a point (fifty- eight) hereinafter described, the said nine points, in order northward, being one hundred and thirty-seven, two hundred and forty-seven, three hundred and thirty-seven, three hundred and seventy-seven, three hundred and eighty-five, three hundred and sixty-seven, three hundred and seven, two hundred and twenty-three, and one hundred and fifteen feet westward from said straight line; thence to a point (fifty-eight) in the southern prolonga- tion of the line which coincides with the west face of the coping on the east wall of the settling basins at the Chain of Rocks, the said point being three — thousand two hundred and forty-five feet from the north face of the coping on the south wall of settling basin number six; then successively to thir- teen points (fifty-eight A), (fifty-eight B), (fifty-eight C), (fifty-eight D), (fifty-eight IX), (fifty-eight F), (fifty-eight G), (fifty-eight H), (fifty-eight 1), (fifty-eight K), (fifty-eight L), (fifty-eight M) and (fifty-eight N), in the ordinates which divide, into fourteen equal parts, the straight line join- ing the fixed point (fifty-eight) with a point (fifty-nine) hereinafter de- scribed, the said thirteen points, in order northward, being one hundred and seventy-five, three hundred and forty, four hundred and eighty-three, six ART. I.] OF HARBOR AND WHARF REGULATIONS. 643 hundred and ten, seven hundred and three, seven hundred and sixty, seven hundred and eighty-seven, [and], seven hundred and eighty-seven, seven hun- dred and fifty, six hundred and seventy-five, five hundred fifty-five, four hundred, and two hundred and twelve feet eastward from the said straight line; thence to a point (fifty-nine) in’the northern prolongation of the line which coincides with the west face of the coping on the east wall of the settling basins at the Chain of Rocks, the said point being one thousand two hundred and fifteen feet from the south face of the coping on the north wall of settling basin number one; thence successively to four points (fifty- nine A), (fifty-nine B), (fifty-nine C) and (fifty-nine D), in the ordinates which divide, into five equal parts, the straight line joining the fixed point (fifty-nine) with a point (sixty) hereinafter described, the said four points, in order northward, being thirty, sixty-five, eighty-seven and sixty feet west- ward from the said straight line; thence to and ending at a point (sixty) in the northern boundary line of the city in the eastern prolongation of the line “stone one hundred and seventy-two” to “stone one hundred and seventy-four,” “one hundred and seventy” feet from “stone one’ hundred and seventy-four.” (Jb., sec. 3.) See. 349. Building over wharf line—penalty.— junome 3A0qB 34} jo Tuy ul yuotmAed PIATIIIY OF GARBAGE DISPOSAL. 803 ARTICLE X. OF GARBAGE DISPOSAL.* *See in connection herewith Chap. XI, Art. 13, secs. 685-693; and also R. C.,, secs. 607, 614 and 688, relating to garbage and offal. The provisions for the dis- posal of garbage and slops were, prior to the passage of ordinance 21416, in- cluded in the duties of the Health Department (Mun. Code secs. 675 ef seq.) But it was held in the case of State vs. Butler, 178 Mo. 272, that under the St. Louis Charter the authority could not be conferred by ordinance upon the Board of Health to contract for the disposal of garbage (which was ‘public work” and under the jurisdiction of the B. P. I.), and that such ordinances were void; there- after this subject was transferred by ordinance No. 21416 from the health depart- ment to the street department, the B. P. I. to let the contracts. Ord. 21417 re- pealed Ord.: 20476, and provided for an emergency contract with the St. Louis Sanitary Co. for the disposal of garbage and dead animals up to Nov. 14, 1904 (said company having had the prior contract under the void ordinance, which con- tract was declared canceled by the latter one); Ord. 21418 and 21419 provided for the relief of Excelsior Hauling Co. and St. Louis Sanitary Co., both of which had been under contract with the city, and was in compromise of their claims. Ord. 21420 provided for the purchase by the mayor and comptroller of certain realty (part of the garbage plant) and repealed secs 674-703 of the M. GC. Ord. 21608 authorized the street commissioner to appoint employes in the garbage division, ete., Ord. 21609 authorized the purchase by the city of the hauling plant formerly owned by Excelsior Hauling Co.; and Ord. 21568 authorized the erection for the garbage division of the brick houses at Vandeventer avenue and Forest Park boulevard. See. 1196. B. P. I. to contract for disposal of garbage.—The board of public improvements is hereby authorized and directed to provide by contract for the disposal of garbage of the City of St. Louis, by removal thereof not less than five miles outside of the corporate limits of the City of St. Louis. (Ord. 21416, sec. 1.) The B. P. I. and not the board of health should let the contract: State vs. Butler, 178 Mo. 272. Sec. 1197. Contract to run fifteen years,—The term of said con- tract shall be for a term of fifteen years from date of approval thereof by the city council and shall become operative at the date designated by the _board of public improvements. (J0., sec. 2.) Sec. 1198. Term “garbage’’ defined.—The term “garbage” shall include the refuse matter from kitchens, pantries, dining-rooms and other parts of hotels, restaurants, boarding-houses, tenement houses, dwelling houses, the public institutions belonging to the City of St. Louis, the State of Missouri, the United States and all other public institutions, market- houses, private hospitals and club-houses, the animal refuse from slaughter- houses, the refuse garbage and animal matter from butcher shops, meat shops and vegetable stands, the refuse fruit and vegetables from stores and commission houses, the refuse animal matter from poultry stores, the refuse from fish stores, all dead animals, including dogs, cats, goats, sheep, fowls, horses, mules, steers, cows and bulls that may be collected from the streets, alleys, parks or from private premises in the City of St. Louis, and all ani- mal and vegetable matter that may be delivered or caused to be delivered to the contractor by the City of St. Louis or any person or corporation therein. (Jb., sec. 3.) See R. C. sec. 685. k to be un- act shall be made in Sec. 1199. Contract controlled by der 804 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 12. accordance with such rules and regulations as may from time to time be approved by the board of public improvements and the work done there- under shall be under the direction of the street department. (Jb., sec. 4.) Sec. 1200. B. P. I. to advertise for bids, ete.—It shall be the duty of the board of public improvements to advertise for bids for the dis- posal of said garbage within thirty days after the passage and approval of this ordinance; provided, however, that the said board shall have full power and authority to reject all bids so advertised for and submitted, if in its judgment, the interests of the city may so require, and in such event shall, in like manner as herein provided, readvertise for bids for such work. (1.0:, BEC. %D;,) Sec. 1201. What contract to cover. —Said contract shall provide that the contractor for the disposal of garbage shall receive garbage from the city or anyone authorized by said city to deliver garbage to the con- tractor at such points within the City of St. Louis as may from time to time be designated by the board of public improvements. (JD., sec. 6.) Sec. 1202. Same.—Said contract shall also provide that the con- tractor shall, in a manner approved by the board of public improvements, establish suitable receiving stations at points to be designated by the board of public improvements, and provide proper means of transportation from the city for all garbage that may be delivered to said contractor. (JD., sec. 7.) Sec. 1203. Same—bond.— Said contract shall provide that the con- tractor shall furnish bond for fifty thousand dollars to guarantee the fulfill- ment of said contract. (J/0., sec. 8.) Sec. 1204. Emergency contract when authorized.—The board of public improvements is hereby authorized to enter into an emergency contract, pending the awarding of a new contract, for the disposal of said garbage in case of the failure of the contractor to fulfill the terms of said eontract. (J/D., sec. 9.) See. 1205. Subordinates in garbage division of street de- partment—tenure-—-duties.—The street commissioner is hereby author- ized and empowered, with the approval of the mayor, to appoint the follow- ing subordinates, who shall hold their respective positions during the pleas- ure of the street commissioner, and who shall perform the duties herein- after specified and such other duties as pertain to their respective positions and such as may be required of them by the street commissioner, to-wit: One superintendent of garbage division, four inspectors of garbage division, one first clerk and one second clerk in said division, one stable superin- tendent who is a thoroughly practical horseman and can perform the duties of a veterinary surgeon when required, one carpenter, one blacksmith, one wagonmaker, one harness-maker, one painter, one foreman dead animal wagons, two drivers dead animal wagons. The superintendent of garbage division shall have supervision over the work of collecting and disposal of the garbage in the City of St. Louis, as well as of the removal of dead ani- mals. The four inspectors of garbage division shall assist the superintend- ent of said division in supervising the work above mentioned. The first clerk and the second clerk shall be under the directions of the superintend- ent of garbage division and perform such clerical duties as may be assigned to them. (Ord. 21608, sec. 1.) ART. XI.] OF OFFENSES CONNECTED WITH HIGHWAYS. 805 Sec. 1206. Same—salaries—bonds.—The superintendent of garbage division shall receive a salary of two hundred 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 first clerk 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 the same division shall receive a salary of seventy-five dollars per month; the stable superintendent shall re- ceive a Salary of two hundred dollars per month, and shall file a bond in the sum of five thousand dollars, to be approved by the mayor and council ; the carpenter shall receive a salary of ninety dollars per month; the black: smith shall receive a salary of seventy-five dollars per month; the wagon: maker shall receive a salary of seventy-five dollars per month; the harness: maker shall receive a salary of seventy-five dollars per month; the painter shall receive a salary of sixty dollars per month; the 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. (JD., sec. 2.) See. 1207. Same—additional employes — tenure—salaries, —In addition to the employes hereinbefore authorized the street commis- sioner, with the approval of the mayor, may appoint such drivers for garbage wagons, drivers of mud wagons, stablemen and blacksmith helpers as may be required for the efficient working of the garbage division, and who shall hold their respective positions during the pleasure of the street com- missioner. The salaries of the employes authorized to be appointed by this section shall be as follows: Drivers for garbage wagons shall each receive a salary of fifty dollars per month; stablemen shall each receive a salary of fifty dollars per month; blacksmith helpers shall each receive a salary of fifty dollars per month. (JD., sec. 3.) ARTICLE XI. OF OFFENSES CONNECTED WITH HIGHWAYS.* *For offenses against public safety (fast driving, automobiles, 'etc.), see R. C. secs. 1551 ef. seg. (Ch. 18, Art. 3). For violations of ordinances respecting shade trees, city forestry department, etc., see R. C. Secs. 1258, 1259. Sec. 1208. Barbed wire fences prohibited.—lIt shall be unlaw- ful for any person, or persons, company, or companies, corporation, or cor- porations to erect, construct or hereafter maintain, or use any fence com- posed, in whole or in part, of barbed wire, upon any street having an im- proved sidewalk parallel therewith and adjacent thereto, within the limits of the city. (M. C., sec. 1149.) Sec. 1209. Same—penalty.—Any person or persons, company or companies, corporation or corporations, violating the provisions of section 1208, after being duly notified by the police in writing to remove same within ninety days, shall be deemed guilty of a misdemeanor, and shall be fined not less than five dollars nor more than one hundred dollars for each and every offense, and each day such fence shall be used or maintained after July eleven, eighteen hundred and ninety-three shall constitute a separate Offense. (M.C., sec. 1150.) See. 1210. Driving on sidewalks or hitehing to trees. Whoever shall, in this city, lead, drive or place any beast of burden or 806 REVISED CODE OR GENERAL ORDINANCES. (CHAP. 12. vehicle on any paved sidewalk or footway, otherwise than 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. (M. C., sec. 1151.) Sec. 1211. Excavation for public 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. C., sec. 1152.) Sec. 1212. Vaults 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 guilty of a misdemeanor. (M. C., see. 1153.) Sec. 1213. Openings in sidewalks—how fitted.—Any opening 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 grating shall have no lock. hinge nor any fastening projecting 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 ten dollars, nor more than one hundred dollars. (M. C©., sec. 1154.) See. 1214. Cellar doors and gratings to be Kept closed. —Whoever in this city shall keep or leave open any cellar door, or grating of any vault on any highway, thoroughfare or sidewalk, or shall suffer any 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 guilty 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. Louis, 178 Mo. 635, holding that cellar doors are not nuisances er se. See. 1215. Down pipes—how constructed.— Every person own- ing or occupying any: building in this city shall cause the pipes 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. (M. C., sec. 1156.) See. 1216. Regulations as to signs, projections over sidewalks, obstructions, merchandise on walk, ete.—misdemeanor—ex- ceptions. —Whoever shall in this city set up, or cause to be set up, or who shall hereafter in this city maintain any 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 more than eighteen inches from the wall thereof, if less ART. XI.] OF OFFENSES CONNECTED WITH HIGHWAYS. 807 than eight feet above the pavement, or more than two feet from the wall at any height above the pavement, and whoever shall place or throw, or cause to be placed or thrown, upon any street. highway, thoroughfare, side- walk or other public place any article whatever, so as to obstruct or other- wise encumber the same, or shall, upon any such place, expose or offer any merchandise or other property for show or sale by auction or otherwise, Shall be deemed guilty of a misdemeanor: Provided, that nothing in this section shall be so cunstrued as to prevent merchants or manufacturers 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 and less 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 to prevent merchants from occupying a greater space on the sidewalk when receiving or shipping goods, if said goods are not permitted to remain on such 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 passage; and, pro- vided, further, that nothing in this section shall be construed as applying to movable awnings made of cloth or canvas, which, when lowered, shall not be less than seven and one-half feet, in the clear, above the sidewalk. (Ord. 20529. ) Amending sec. 1157 of Mun. C. But this section seems 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. 8328, 350, a case of damages for personal injuries against the theatre company and the city because of the fall of a large sign from above upon a pedestrian. As to temporary obstruction of sidewalk for highway, and to what extent lawful see note to Rev. Code sec. 928. Sec. 1217. Fruit stands, etc.—regulations concerning. occupation of any portion of any street, avenue, alley or sidewalk with any stand (in the common acceptation of the term fruit stand), table, shelving, wagon or cart for the purpose of selling or offering for sale any fruits, candies, nuts or other merchandise, when such occupation interferes with or obstructs the passage of any vehicle, is hereby prohibited (and in no case shall there be more than four peddlers or hawkers vending their goods in any 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 five dollars; provided, that this section shall not be so construed as to prevent persons dealing in fruits candies, nuts, and other merchandise, and who rent stores, cellars or othe portions of buildings, from occupying the walls of their respective stores or buildings and the sidewalks upon which they front in the same manner, and to the same extent as other merchants are permitted to do by law, and subject only to the restrictions and provisions contained in the preceding section; provided, this section shall not apply to book, newspaper or fruit stands logated on any sidewalk and against the outside wall of any building, upon the following conditions: First, that the sidewalk shall not be occu- pied to a greater extent than merchants are allowed to occupy with their merchandise: second, that they shall only be permitted at such places where the occupants of the store consent thereto; third, that the owners of said book, newspaper or fruit stands shall pay a merchant’s tax and license therefor. (M. C., sec. 1158.) See. 1218. Throwing fruit on sidewalks forbidden.—Any person who shall throw or place upon any sidewalk or cross-walk, any part 808 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 12, of fruit or vegetable or other substance, which, when stepped upon by any person, is liable to cause him or her to slip or fall, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not less than one dollar, or more than twenty-five dollars. (M. C., sec. 1159.) Sec. 1219. Seetions to be posted in fruit stores.—The proprietor or keeper of any store, stand or other place where fruit, vegeta- bles, or other substances mentioned in the foregoing section are sold, shall keep a copy of this and the next preceding and the next succeeding sections suspended or posted in a conspicuous place on his or her premises, failing in which, he shall be punished by a fine of not less than five dollars nor more than ten dollars. (M. C., sec. 1160.) Sec. 1220. Hoisting of merchandise, etc., over thorough- fare forbidden.—Any person in this city who shall hoist, lower or let down on the outside of any building, over any thoroughfare, any merchan- dise, grain, or building or other material or article, shall be deemed guilty of a misdemeanor. (M. C., sec. 1161.) See. 1221. Injuring public property a misdemeanor.—Any person who shall in this city wilfubly cut, hack or otherwise injure any awn- ing post, sign, fire plug, hydrant, ornamental or shade trees, railing, fence er other inclosure, or any property belonging to the city, shall be deemed guilty of a misdemeanor. (M. C., sec. 1162.) : See. 1222. Coal or firewood not to be thrown on side- walks.—Any person 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. 1163.) Sec. 1223. Obstruction of highways with vehicles forbid- den. —If any wagoner, carter, drayman or the driver of any carriage, sleigh, sledge, buggy, furniture car, or any other vehicle for pleasure or burden, shall stop or place any such cart, wagon, dray, carriage, sleigh, sledge, buggy, furniture car, or other vehicie for pleasure or burden, in any street, lane or publie 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 public alley, he shall be deemed guilty of a misdemeanor; and upon conviction thereof, shall be fined not less than ten nor more than five hundred dollars. (M. C., sec. 1164.) Sec. 1224. Unauthorized obstruction and excavations for- bidden.—Any person who shall, himself, or by another, place upon any highway or other public place any obstruction not authorized by ordinance, or make any excavation in such place without lawful authority, or displace or remove any stones, stakes or other landmarks placed by any, officer of this city, under authority thereof, or injure or deface any crop shall be deemed guilty of a misdemeanor, and upon conviction thereof be fined not less than ten dollars nor more than five hundred dollars. (M. C., sec. 1165.) Any encroachment upon any part of a highway, whether on the traveled part thereof or on the sides comes clearly within the idea of a nuisance; State vs. Campbell, 80 Mo. App. 110, 113. See note at beginning of Art. 12, Chap. XI., and cases there cited. See. 1225. Penalty for spilling articles on streets from wagons, ete.—Any person who shall drive over or along any street or ART. XI.] OF OFFENSES CONNECTED WITH HIGHWAYS. 809 highway in St. Louis, any wagon or other vehicle containing dirt, earth, clay, stone, macadam, brick, wood or any material used in the construction of streets or buildings, or containing coal, garbage or other refuse, which said wagon or vehicle shall be so constructed or loaded that any portion of the contents thereof shall drop, be spilled or thrown on such street or high- way, shall be guilty of a misdemeanor, and shall, upon conviction thereof, be fined not less than ten nor more than twenty-five dollars. And the haul- ing of each and every load from which any portion of the contents shall drop or be spilled or thrown as aforesaid shall constitute a separate offense. (M. C., sec. 1166.) Sec. 1226. Duty of police.—lIt shall be the duty of the police in their respective districts to enforce the provisions of the next preceding section and to arrest any person found violating the same. And it shall also be their duty to promptly report to the street commissioner any and all streets or parts of streets or highways upon which any article has been placed, spilled or thrown in violation of the preceding section, or of sec- tions 598 and 1235 of Revised Code of St. Louis. (M.C., sec. 1167.) Sec. 1227, Who liable under section.—If the driver of any wagon or vehicle who shall violate the provisions of section 1225 shall be a person other than the one to whom the license for such wagon or vehicle shall have been issued then the person to whom such license shall have been issued shall be deemed equally guilty with such driver of a violation of the next two preceding sections, and shall be stibject to the penalties provided herein. (M. C., sec. 1168.) Sec. 1228. Asphalt and bituminous macadam paving protected against liquids.—No person shall pour or spill, or permit to drip upon any asphalt or bituminous macadam pavement laid on any street or alley or public place 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. ° 21233, sec. 1.) See. 1229. Same—regulations as to oil wagons and tanks—oil receptacles.—All oil delivery wagons or tanks shall have securely fas- tened under the taps or faucets thereunto attached, an absolutely oil or water-tight zine-lined box or tray, and in filling any measure or other ves- sel from said taps or faucets, such measures or other vessels must be held so that any drip or overflow shall flow into said box or tray; and in remov- ing the same from over the asphalt or bituminous macadam pavement, no drip or overflow from such measure or other vessel must be permitted to fall upon such pavement, and no receptacle for holding oil shall be placed on the asphalt or bituminous macadam pavement. (Jb.. sec. 2.) Sec. 1230. Same—regulations as to vehicles using oils.— All automobiles and auto-cycles and all other vehicles using kerosene, benzine, gasoline or other similar oils, shall be provided with a pan or pans or other efficient receptacles so that no drip or overfiow shall fall upon the asphalt or bituminous macadam pavement. (/b., sec. 3.) Sec. 1231. Same—ice cream wagons.— fore, to command you to levy the said debt and costs of the goods and chat- tels of said defendant within the City of St. Louis, and expose the same for sale agreeably to law, and for want of sufficient property whereupon to levy said debt and costs, you are hereby commanded to take the body of said defendant into your custody and convey said defendant to the Work- house of the City of St. Louis; the keeper whereof is hereby commanded to receive said defendant, and said defendant safely keep until the said debt and costs shall have been paid by said defendant’s labor according to the laws of the State of Missouri, and the ordinances of the City of St. Louis, or until said defendant shall be otherwise discharged by due course of law, and you are also commanded to make return of this execution within thirty days from the date of the same, with your return indorsed thereon, stating how you have executed the same. Given under my hand and at the district police court in the City of St. Louis, this day of : nineteen , Clerk of District police court.” (M. C., sec. 1229.) See next note. Sec. 1308. Executions—how enforced.—Upon receiving the exe- cution above stated, the marshal shall immediately take the defendant into custody; and if said defendant does not before the sundown of the same day, satisfy said execution either by paying the same in money, or by discovering to the marshal sufficient goods or chattels, the property 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 prisoners to the Workhouse. (M. ©., sec. 1280.) For authorities that the constitutional guarantee against imprisonment for debt does not apply to police court penalties for violating ordinances, see note to sec. 1265. Defendant cannot object that execution was not issued forthwith, where he himself occasioms the delay; and a strict compliance that execution issue forth- with is not essential: Hx Parte Thamm, 10 Mo. App. 595: The clerk of the Police Court may issue the execution upon judgments in his court: Ex Parte Ki- 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 Higgins, 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. 1809. Appeals, by parties committed—procedure.—Any defendant who shall have been sent to the Workhouse by authority of the preceding section, and wishing to appeal from the judgment of the police justice under the provisions of section 1305, shall, on application made to the police justice of the court in which his case was heard, be brought be- fore the said police court, at the next sitting thereof after such application, and to this end the police justice shall cause an order to be issued upon the superintendent of the workhouse to deliver said defendant to the marshal, and the marshal shall present said order to said superintendent, who there- upon shall deliver the body of said defendant to the marshal, who shall pro- duce the said defendant before said police court at its first sitting there- after. (M. C., sec. 1231.) Sec. 1310. Appeals—defendant may deposit fine and costs, pending giving bond, when.—Any defendant wishing to appeal from the judgment of a police justice, and not being ready to enter into bonds, may, before his release from custody, deposit with the marshal the amount of fine and costs imposed, which shall be received by the said marshal as collateral security for such fine and costs until an appeal is perfected, when 830 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 18. it shall be returned to the defendant, but if said appeal shall not be per- fected within the time required by law, the said collateral shall not be re- turned to the defendant, but shall be applied to satisfy the fine and costs imposed on him. (M. C., sec. 1232.) See. 1311. Costs—deposit for by complainant—when required. —The city attorney, when he is satisfied that a complaint or information of a violation of ordinance is made for vexation or without just cause, may, before commencing any proceedings, require the complainant or in- formant to deposit with the marshal double the amount of costs, that will, in his judgment, accrue in the suit, and the police justice may, at any time, after the filing of a statement by the city attorney, upon motion of the de- fendant, require the deposit of costs aforesaid, but the provisions of this section shall not apply to any report, complaint or information made by any officer of the city, in the discharge of his duty. (M. C., sec. 1233.) See. 13812. Contempts—power of justice to punish. 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.) Sec. 1813. Costs—from city, how ¢ audit and allow all accounts for costs, which shall have accrued in suits before the police justices or suits appealed from the police court to the Court of Criminal Correction, and for which the city shall have become liable by reason of judgment against it by the police justice or judge of the Court of Criminal Correction, as the case may be; provided, that such ac- counts duly certified as correct by the clerk of the proper police court or the clerk of the Court of Criminal Correction, as the case may be; and the auditor shall thereupon draw his warrant therefor upon the treasurer, piy- able out of the appropriation for expenses. (M. C., sec. 1235.) 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 applicable. (M. C., sec. 1286.) See note to sec. 1265. This section authorizes a change of venue: see In re Jones, 90 Mo. App. 318, 323. Sec. 13815. Marshal—special daily report by. make daily, for the information and use of the mayor, a special report of the proceedings 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 the police justice, the date of trial, the violation or offense alleged and the judgment rendered, which report shall be carefully compared with the docket of the police court, at the adjournment of the police court, and when So compared shall be signed by said marshal and immediately forwarded to the mayor. (M. C., sec. 1237.) ART. II.] OF POLICE COURT SOUTH OF ARSENAL STREET. $31 See. 1316. Prisoners—duty of marshal concerning.—lIt shall be the duty of the marshal each day after the session of the police courts to deliver each and every prisoner convicted and sentenced by either of said courts to the officer designated and appointed to superintend the convey- ance of said prisoners to the workhouse or elsewhere, in accordance with the judgment of the court, together with the original execution or a true copy of the same, and said officer, having in charge the prisoners as afore- said, shall deliver said prisoners with a true copy of the execution against each party sentenced and convicted to the superintendent of the workhouse, or other proper person designated, taking his receipt for each and every person delivered to him, which shall be indorsed upon the original execu- tion, and which shall be returned to the marshal at his office. (M. C., see. 1238.) Sec. 1817. Salaries. —Each of the police justices shall receive a salary of twenty-five hundred dollars per annum, and the clerks of said courts shall receive each a salary of twelve hundred dollars per annum, payable monthly. (M. C., sec. 1239.) ARTICLE II. OF POLICE COURT SOUTH OF ARSENAL STREET. Sec. 1318. Jurisdiction—appointment, salary of justice.—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 be tried before a justice of the peace of the City of St. Louis, to be 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 first and second district police courts, to said justices of the peace as afore- said, shall likewise be tried before said justice of the peace. The said just- ice shall receive as full compensation for his services the sum of seventy-five dollars per month out of the city treasury. (M. C., sec. 1240.) e 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 re Jones, 90 Mo. App. 318 See. 1819. Clerk—appointment of—bond—salary.—The mayor shall appoint a clerk who shall perform all the duties required under the charter and ordinances of the 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 approved by the mayor, in the sum of one thousand dollars, with two good and sufficient sureties, owners of unin- cumbered real estate, conditioned for the faithful performance of his duties. He shall receive a salary of seventy-five dollars per month, payable out of the city treasury. (M. C., sec. 1241.) Sec. 1820. Attorney—appointment of—salary.—The mayor shall appoint an attorney, who shall have the same powers and possess the same qualifications as the city attorney, to prosecute, on behalf of the city, all cases before said justice, and all appeals from said court to any court havy- ing appellate jurisdiction of the same. He shall receive a salary of seventy- five dollars per month, payable out of the city treasury. (M. C., sec. 1242.) 832 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 13. Sec. 1321. Marshal—to execute writ.—The city marshal shall execute all writs and processes of said court. (M. C., sec. 1243.) Sec. 1822. Court—where held.—tThe place of holding said court shall be at the first 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 of holding court and the practice and proceed- ings before said justice, shall be the same as that governiug 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 Courts of the city, as the case may be, in like manner and form as is now provided for by law from changes of venue between said First and Second District Police Courts. Said justice of the peace may also, on his own motion, transfer any cause pending before him to either the First or Sec- ond District Police Courts, and shall 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 rendered 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 governing the practice in cases before the First or Second District Police Courts shall likewise be had and observed in the trial and procedure in cases before said justice. (Ord. 21202, amending M. C., sec. 1245.) / See In re Jones, 90 Mo. App. 318. ARTICLE III. OF JUSTICES OF THE PEACE.* *Justices of the Peace and Constables are governed by the State statutes: See R. S. 1899, secs. 6508-6536, set out, with notes, herein under ‘‘Laws Specially Ap- Plicable to St. Louis,’ Chap. 5, Art. 6, (secs. 173-202, pages 114-117), which should be consulted in connection with these ordinances. Sec. 1824. Suitable office to be provided.—lIt 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., see. 1250.) Sec. 1325. Form, ete., of records, ete., to be prescribed. —It shall be the duty of the city counselor 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.) See. 1326. Requisitions for supplies.—All requisitions for supplies of whatever kind, whether required by a justice of the peace, clerk or con- stable, shall be submitted to the comptroller for his approval before either the commissioner of supplies or register shall be authorized to purchase the same; provided, however, that if said supplies are in the nature of print- ing and binding, the same shall be submitted to the city counselor for his in- spection, in order that he may determine as to the correctness of form, size and:style. (M. C., sec. 1252.) Asta LV) OF MARSHAL. 833 Sec. 1827. Inspection of books of justices, and constables. —The comptroller shall, once each month, thoroughly inspect and examine the books of accounts of the several justices of the peace, clerks and con- stables of the City of St. Louis, and verify the same; and he shall prescribe the form of all fiscal statements required to be rendered by them under the law. (M. C., sec. 1258.) Sec. 1328. Office expenses to be paid.—The comptroller is hereby authorized to pay all expenses necessarily incurred by the justices of the peace and constables in connection with their offices from the time they qualified under the present law, provided he is satisfied that such ex- penses were necessary and the amount thereof reasonable. (M. C., sec. 1254.) ARTICLE IV. OF MARSHAL. See. 1829. Marshal—power and authority.— The marshal shall have and exercise all the power and authority which by law and ordinance were heretofore vested in the marshals of St. Louis county and the City of St. Louis at the time of the separation of St. Louis county from the City of St. Louis, so far as the same does not conflict with the laws of the State and the charter of the City of St. Louis, and he shall be subject to all the duties and obligations heretofore imposed upon the marshals of said county and city by law and ordinance. (M. C., sec. 1255.) See. 1330. Bond.—The marshal shall, within ten days after he shall have received his commission, give a bond to the City of St. Louis, in the sum of ten thousand dollars, signed by two or more securities, who shall be owners of unincumbered real estate in the City of St. Louis, conditioned for the faithful performance of his duties. Said bond shall be approved by the mayor and the council. (M. C., sec. 1256.) See. 1331. Duties of marshal.—The marshal shall execute and re- turn all processes and orders of the mayor, law department, health depart- ment, police justices or justices of the peace, under any law or ordinance; he shall keep a detailed account of the receipts of all money collected by or in his office, and of all delinquencies, and shall report all receipts and delinquents monthly, to the comptroller; except in cases of police courts he shall make daily statements and returns at two p. m. of all fines imposed fines collected, fines remitted, also all costs paid in each case to the comp- troller, and at the same time pay all fees received by him into the treasury, taking receipt of the treasurer therefor in triplicate, one of which he shall file with the comptroller, and one with the auditor. (M. C., sec. 1257.) Duties: See Scheme, secs. 18, 6; Charter, Art. IV, sec. 31. Sec. 1332. Marshal—deputies to be appointed by.—The marshal shall, with the approval of the mayor, appoint one chief deputy, one deputy of the first class and two deputies of the second class and such other deputies of the third class as he may require, and such other assist- ants as he may from time to time find necessary. Such deputies shall have 834 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 18. and exercise the power and authority which by law and ordinance were heretofore vested in the deputy marshals of St. Louis county and the City of St. Louis at the time of the separation of St. Louis county from the City of St. Louis, not in conflict with the laws of the State of Missouri and the provisions of Scheme and Charter, and shall hold their respective positions during good behavior, but may be removed for cause by the mayor and by the marshal at his pleasure. (M. C., sec. 1258.) See. 1333. 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 approved by the mayor. (M. C., sec. 1259.) ARTICLE V. OF JURY COMMISSIONER. See. 1334. Jury commissioner—salary of—office—where located, etce.—The jury commissioner of the City of St. Louis, appointed in pursuance 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 thousand inhabitants,” approved April eleventh, eighteen hundred seventy- nine, shall receive from the city treasury out of any money appropriated therefor by the municipal assembly, a salary of twenty-five hundred dol- lars per annum, payable in equal monthly installments, at the end of each month; and he shall occupy a room in the court house to be designated by the mayor, and upon his requisition, approved by the mayor and comp- troller, shall be furnished with the necessary fuel, stationery, books and furniture for the proper discharge of his duties under said act; and the deputies appointed by said jury commissioner in the manner prescribed in said act, shall draw their salaries not in excess of the appropriation made for that purpose, for the periods during which they are employed in monthly installments out of any moneys so appropriated, upon pay-rolls, which shall be certified by the jury commissioner and approved by the mayor; pro- vided, that the Jury commissioner shall devote his entire time in the dis- charge of the duties of his office, and shall not employ any deputies or as- sistants or incur any liability whatever, not provided for by appropriation. (M. C., sec. 1260.) . As to jury commissioner, see State statute R. S. 1899, secs. 6539 et seq. set out herein under “Laws Specially Applicable to St. Louis’ (Chap. 5, Art. V), secs. 140 and following, being ante, page 106 ef 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 COMPENSATION OF JURORS. . Sec. 1835. Jurors—pay of.—Each grand and petit juror on the regular panel of the Circuit Court and the Criminal Court of the city, shall ARTS. VII, VIII, I.] OF THE CITY ATTORNEY. 835 receive one dollar fifty cents per day for every day he shall actually serve as such, without mileage, to be paid out of the city treasury. (M. C., sec. 1261.) As to pay of petit jurors, see R. S. 1899, sec. 6562 (set out under “Laws Specially Applicable to St. Louis’’ herein, sec. 163); Scheme, sec. 31; in police court, see R. C., sec. 1297. As to grand jurors, see Scheme, sec. 28; R. S. 1899, sec. 6569- 6570 (set out “Laws Specially Applicable,” etc., supra, sec. 170-171. All jury fees must be collected within:a year: R. C., sec. 2412. ARTICLE VII. OF THE PROBATE COURT.* *There are now no ordinances in force on this subject. The provisions of the Municipal Code relating thereto (secs. 1246 to 1249, inclusive, which were ord. 19668), were founded upon Rev. St. 1899, sec. 1764 and especially R. S. 1899, secs. 6244-6246, inclusive (passed in 1897); but in Henderson vs. Koenig, 168 Mo. 356, the Supreme Court, in banc, declared the statute void (and necessarily with it secs. 6244-6246, supra, and all the ordinances based thereon), and in 1905 the statutory provision, sec. 1764, was in effect repealed by Session Laws 1905, p. 155, leaving the whole matter to be governed by the state statutes. See also the sec- ond appeal of said case, Henderson vs. Koenig, 192 Mo. 690, also decided by the court in bane. Hence the ordinance provisions are void and at all events super- seded by subsequent legislation. The ordinances were expressly repealed after submission of the Revised Code to the Municipal Assembly, in ord. 22572, ap- proved Oct. 2, 1906. ARTICLE VIII. OF THE JUVENILE COURT.** **See Appendix (Ch. 13, Art. VIII, ord. 22549, approved July 12, 1906, too late for incorporation in the Revised Code). As to the act creating and concerning the Juvenile Court see “Laws Specially Applicable to St. Louis,’ Chapter 5, Art. 7, p. 118 et seq. CHAPTER 14. LAW DEPARTMENT. ART: I. Of city attorney. II. Of city counselor. ARTICLE I. OF THE CITY ATTORNEY. Sec. 1336. City attorney—qualifications.—No person shall here- after be qualified to fill the office of city attorney, who has not been a licensed and practicing attorney for at least two years prior to his appoint- ment, and who shall not have been for two years next preceding his appoint- ment, a resident of this city. (M. C., sec. 1262.) Sec. 13837. Assistant city attorney.—The office of assistant city attorney is hereby created, which said officer shall aid generally in the per- formance of the same duties as are by law enjoined upon the city attorney. (M. C., sec. 1263.) Sec. 1338. Same—appointment of.—The assistant city attorney shall be appointed by the mayor and confirmed by the council, and shall hold his office during the same term as the city attorney. (M. C., sec. 1264.) 836 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 14. Sec. 1339. Same—city attorney and assistant—duties of.— It shall be the duty of the city attorney and assistant city attorney: First, to prepare all charges and to prosecute and to defend before the police justice or justice of the peace, St. Louis Criminal Court or St. Louis Court of Criminal Correction, all actions on behalf of the city, or emanating from the board of police commissioners or the health department, and defend be- fore said courts all actions against any officer, or servant, or agent of the city, or of said health department, or said board of police commissioners, on account of his official acts, and to attend in appellate courts to all appeals or writs of error, in any case originating as aforesaid; second, to keep an office in the first district court building, and, also, keep an office in the second district court building, and at no other place or places; third, to prepare all charges, and to prosecute or defend in any court of record, any suit or action originating there, and when required by the mayor; fourth. to take an appeal or writ of error on behalf of the city, with the consent and approval of the comptroller, and make the necessary affidavits therefor, and prepare the necessary bond in the name of the city; fifth, to advise the municipal assembly or its committees, or any city officer, as the city coun- selor is required to do; sixth, to furnish the board of police commissioners and the board of health with the legal advice and service required by them. (M. C., sec. 1265.) City attorney can only act when the law confers the authority to do so, and then only when he pursues the mode therein prescribed: St. Joseph vs. Harris, 59) fot: App. 122. Sec. 13840. City attorney—reports by. shall report to the comptroller all suits and judgments in favor of or against the city in any court of record, which it is the duty of the city attorney to pros- ecute or defend, and he shall make also quarterly reports to the comptroller of all unsatisfied judgments, their date, and amount recovered, in favor of the city before the police justice or any justice of the peace. (M. C., sec 1266. ) Sec. 1841. Salaries. —The said city attorney shall receive a salary of twenty-five hundred dollars per annum, payable monthly, out of the city treasury, in full compensation for his services. The said assistant city at- torney shall receive a salary of fifteen hundred dollars per annum, upon the same conditions and payable in the same manner as said city attorney. (M. C., sec. 1267.) The city attorney is entitled to the compensation fixed by ordinance, and no other, nor can the Mayor appoint an attorney so as to make the city liable, in the absence of authority conferred on him: Carroll vs. St. Louis, 12 Mo. 444. Sec. 1342. Bonds of attorney and assistant.—The city attorney — shall give bond to the city to be approved by the mayor and council, in the sum of ten thousand dollars, with two good and lawful securities, con- ditioned for the faithful performance of his duties, and that he shall pay over to the city treasurer, or any other person or persons entitled thereto, any money that may come into his hands, and the assistant city attorney shall give a similar bond in the sum of five thousand dollars. (M. C., sec. 1268.) Sec. 1848. Associate city. attorney—duties—control of.— The office of associate city attorney is hereby created. The associate city attorney shall perform 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. 21651, sec. 5, repeals Mun. Code, secs. 1269, 1270, 1271. ART. II.] OF THE CITY COUNSELOR. 837 Sec. 1844. Sam e—appointment—term.—The associate city attorney shall be appointed by the mayor and confirmed by the city coun- cil, and shall hold his office until the expiration of the term for which the city attorney is then appointed. (JD., sec. 2.) Sec. 1845. Salary of associate city attorney.—The associate city attorney shall receive a salary of fifteen hundred dollars per annum, payable monthly. (J/b., sec. 3.) Sec. 1846. Bond.—The associate city attorney shall give bond to the City of St. Louis for the faithful discharge of his duties, in the sum of five thousand dollars, with at least two good and sufficient sureties, owners of unincumbered real estate in the City of St. Louis, to be Seite by the mayor and council. (Jb., sec. 4.) Sec. 1847. City attorney or assistant may appoint substitute, when—shall not appear against city.—The city attorney may, in case of temporary absence from the city, sickness, or inability to attend any court, at his own expense, with the approbation of the mayor, appoint some person to act in his stead for the occasion, in city cases, and when either, before assuming his office, shall have been retained as counsel ad- versely to the city in any case to which it is his,duty to attend on behalf of the city, he shall inform the mayor thereof, who may appoint another person to represent the city in such case. The city attorney shall not appear against the city in any suit or case in court to which said city is a party, nor shall be voluntarily interested, either directly or indirectly, in any case or suit against the said city. The provisions of this section shall also ap- ply to the assistant city attorney. (M. C., sec. 1272.) ARTICLE II. OF THE CITY COUNSELOR.* *Charter provisions as to rights, duties, etc., see Art. IV, sec. 32, in general; also see Art. VI, secs. 2, 3 (as to condemnation proceedings); 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, secs. 2, 9. Speaking of city attorney and counselor, the court in an old case said: “We are of opin- ion that the ordinance which prescribes the duties of these officers, designed to secure the services of one or the other of them in every case where legal services were supposed to be necessary:” Carroll vs. St. Louis, 12 Mo. 1. c. 446. Like any other officer, a city counselor has no vested interest in the office, and it may be abrogated by the assembly: Primm vs. Carondelet, 23 Mo. 22. The article concerning the city counselor’s office was amended in many re- spects by ordinance No. 23038, approved April 1, 1907 (which was after the ap- proval of the Revised.Code, and hence could not be included therein). That ordi- nance amended sections of the Municipal Code (corresponding to the sections of the Revised Code as indicated below), to-wit: ME CeESsecr Latin nev: Cy eSe6C yy LobaGevin CO) eIseCe LaSO Clive, Co. SC: L360). Me tC: Ne Cee Tun ho, SCCAM od) Me Os, SCG Luco wUruarC we SOG: to00).e Mose 1286 CRa iG. . HeCaro GI eM es Cun AO it. Gr eSeG. lobo) Mi ease leone. C.sec. 1666)¢.M. C..' 1292 Cin Gree. lL So) vison seGn L296 ChrnGuaeseen Toul) tM. .G.- secre 129.7% GRC. sec. 1372). The new ordinance provides as follows: Section Twelve Hundred and Bighty-two (R. C., sec. 1857): In addition to the qualifications prescribed by Section Ten of Article Four of the Charter, the Associate 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 Associ- ate 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 Coun- 838 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 14. selor shall have been licensed to practice law in. the courts of this State at least five years previous to his appointment. Section Twelve Hundred and EHighty-five (R. C., sec. 1860): 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 Twelve Hun- dred and Highty-six (R. C., sec. 1361): In addition to the qualifications pre- scribed by Section Ten of Article Four of the Charter, the Clerks and the Sten- ographérs shall be qualified voters of the City. Section Twelve Hundred and Ninety (R. C., sec. 1865): The Assistant City Counselor shall receive a salary of Twenty-five Hundred Dollars per annum, payable monthly. Section Twelve Hun- dred and Ninety-one (R. C., sec. 1366): The Chief Clerk shall receive a salary of One Hundred and Fifty Dollars per month; each of the clerks shall receive a salary of One Hundred Dollars per month and Twenty-five Dollars per month for expenses in the discharge of duties that may be assigned to him, and said salary and said expense money shall be paid monthly. Section Twelve Hundred and Ninety-two (R C., sec. 13867): Each of the Stenographers shall receive a salary of One Hundred Dollars per month, payable monthly. Section Twelve Hundred and Ninety-six: It shall be the duty of the Chief Clerk and of the Clerks to Keep a record of all cases pending in any of the courts, showing the proceedings therein, both in court and before commissioners, write the reports in condemna- tion and change of grade proceedings, prepare the final judgments therein, make investigation of facts and collect evidence in cases in which the city is a party, make preparation thereof for trial, keep suitable indexes, prepare the oaths of commissioners in street opening proceedings, keep a record of the attendance of such commissioners, read proof on printed briefs, advertisements of benefit dis- tricts in street opening proceedings and other necessary printed matter, answer inquiries of members of the Municipal Assembly and of other interested parties respecting the progress of street openings, procure the investigation of titles and the preparation of suitable plats and blue prints in street opening proceedings, keep 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 pending litigation in which the City of St. Louis or any of its officials is interested, make lists of assignments and settings of cases, make preliminary examinations of all bonds and contracts which are to be submitted to the de- partment, attend to telephone, run errands, assist in the investigation of any question of law or of fact submitted to the department, assist in the preparation of briefs, motions, pleadings, bills of exceptions, and other legal papers and docu- ments, and perform all such other duties as may be assigned to them by the City Counselor. Section Twelve Hundred and Ninety-seven: The Stenographers shall perform all services usually incident to such positions, and shall also per- form such other duties as may be required by the City Counselor. Approved April list, 1907. By ordinance 23150 (enacted after Revised Code) the office of Second Assistant City Counselor was created; see appendix for same. Sec 1848. Law department created.—There is hereby created a law department of the City of St. Louis. (M. C., sec. 1273.) Sec. 1849. Qualifications of city counselor.—In addition to the qualifications prescribed by section ten of article four of the charter, the city counselor shall have been a practicing lawyer for ten years, and li- censed to practice law in the courts of this state at least seven years pre- vious to his appointment. (M. C., sec. 1274.) Sec. 1850. Bond of city counselor.—tThe city counselor shall give bond for the faithful discharge of his duties in the sum of ten thousand dollars with at least two good and sufficient sureties, owners of unincum- bered real estate in the City of St. Louis, to be approved by the mayor and council. (M. C., sec. 1275.) Sec. 1351. Office of associate city counselor created.—The office of associate city counselor is hereby created, to begin from and after the third Tuesday of April, eighteen hundred and ninety-five. The associ- ART. II.] OF THE CITY COUNSELOR. 839 ate city counselor shall be appointed by the mayor and confirmed by a ma- jority of the members of the council. (M. C., sec. 1276.) a Sec. 1352. Qualifications of associate city counselor.* — The associate city counselor shall possess the same qualifications as the city counselor.* (M. C., sec. 1277.) Sec. 1353. Bond of associate city counselor.—The associate city counselor shall give bond for the faithful discharge of his duties in the sum of five thousand dollars, with at least two good and sufficient sureties, owners of unincumbered real estate in the City of St. Louis, to be approved by the mayor and council. (M. C., sec. 1278.) Sec. 1354. Office of second associate city counselor created. —The office of second associate city counselor is hereby created to begin from and after the tenth day of December, eighteen hundred and ninety- seven. The second associate city counselor shall be appointed by the mayor and confirmed by a majority of the members of the council. The first ap- pointment to be made on the tenth day of December, eighteen hundred and ninety-seven, and to be for a term ending on the first Tuesday in April, eighteen hundred and ninety-nine, and until his successor is appointed and qualified and thereafter the appointment to be contemporaneous and for a like term as that of the city counselor. (M. C., sec. 1279.) See. 1855. Qualifications of second associate city counselor.* —In addition to the qualifications prescribed in section ten of article four of the charter, the second associate city counselor shall have been licensed to practice law at least five years in the courts of this state next preceding his appointment.* (M. C., sec. 1280.) See. 13856. Office of assistant city counselor created.—The office of assistant city counselor is hereby created. The assistant city coun- selor shall be appointed by the mayor and confirmed by a majority of the members of the council. (M. C., sec. 1281.) Ord. 23150 (enacted after Revised Code) created the office of Second Assistant City Counselor; see appendix for same. Sec. 13857. Qualifications of assistant city counselor.*— In addition to the qualifications prescribed by section ten of article four of the Charter, the assistant city counselor shall have been licensed to practice law in the courts of this State at least four years previous to his appoint- ment.* (Ord. 20757, sec. 1; amending M. C., sec. 1282.) Sec. 1358. Bonds of second associate and assistant.—The second associate and assistant city counselor shall each give bond for the faithful discharge of their duties in the sum of five thousand dollars, with at least two good and sufficient sureties, owners of unincumbered real estate *Amended by ordinance No. 23038, enacted shortly after Revised Code; see above note to heading of this article (II), where the amendments are given. The ordinance is set out in full in the appendix to Rev. Code 840 REVISED CODE OR GENERAL ORDINANCES. [CHAP i. 84. in the City of St. Louis, to be approved by the mayor and council. (M. C., sec. 1283.) Sec. 1359. Terms of associate and second associate.—The associate city counselor and second associate city counselor shall hold their: respective offices for four years and until their successors are duly ap- pointed and qualified, but they shall be subject to removal by the mayor and council, provided that the first appointment _of the second associate city counselor shall be for a term ending on the first Tuesday in April, eighteen hundred and ninety-nine, and until his successor is duly appointed and qualified. (M. C., sec. 1284.) See. 1360. Chief clerk, clerk and stenographer—tenure.*— The city counselor shall, with the approval of the mayor, appoint a chief clerk, a clerk and a stenographer, who shall hold their respective offices at the pleasure of the city counselor.* (Ord. 20757, amending M. C., sec. 1285.) Sec. 1361. Qualifications of clerk and stenographer.*—In ad- dition to the qualifications prescribed by section ten of article four of the Charter, the clerks and stenographer shall be qualified voters of the city.* (Ord. 20757, amending M. C., sec. 1286.) Sec. 1862. Salary of city counselor.—tThe city counselor shall re ceive a salary of five thousand dollars per annum, payable monthly. (M. C., sec. 1287.) Sec. 1363. Salary of associate.—The associate city counselor shall receive a salary of four thousand dollars per annum, payable monthly. (M. C., sec. 1288.) Sec. 13864. Salary of second associate.—The second associate city counselor shall receive a salary of three thousand dollars per annum. pavy- able monthly. (M. C., sec. 1289.) Sec. 1365. Salary of assistant.*—The assistant city counselor shall receive a salary of twenty-five hundred dollars per annum, payable month- ly, provided, however, that this shall not apply to the present incumbent of the office of assistant city counselor during his present term, who shall receive a salary of.eighteen hundred dollars per annum, payable monthliy.* (Ord. 20757, amending M. C., sec. 1290.) Sec. 1866. 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 shali receive a salary of one hundred dollars per month and twenty-five dollars per 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. 20757, amending M. C., sec. 1291.) *Amended by ordinance No. 23038, enacted shortly after Revised Code; see pp. 837-838, note to heading of this article (II), where the amendments are given. The ordinance is set out in full in the appendix to Rev. Code. BIGLs, bie} OF THE CITY COUNSELOR. 841 Sec. 1867. Salary of stenographer.*—The stenographer shall re- ceive a salary of one hundred dollars per month, payable monthly.* (M. C., sec. 1292.) Sec. 1868. Duties of city counselor.—In addition to the duties prescribed in section thirty-two of article four of the Charter it shall be the duty of the city counselor: First, to initiate and prosecute in the cir- cuit court all proceedings for the appropriation and expropriation of pri- vate property, for opening, widening or altering any street, avenue, wharf, market place or public square, or route for a sewer or water pipe, as pre- scribed and required in article six of the charter; second, to do and perform any act necessary to be done in the prosecution of proceedings for street openings commenced before the land commissioner, and pending at the time the charter became operative, and conduct the same as provided in section four, article sixteen of the charter; third, to furnish to the board of police commissioners, health commissioner and board of health, all legal advice and service desired by them respectively; fourth, to take charge, prosecute or defend, as the case may be, all suits pending for or against the county of St. Louis as heretofore established and which the county counselor had in hand and in which the city is interested; fifth, to keep a record of all legal opinions officially given by him, in writing, with the request there- for, and an index thereto, and an account book showing all claims placed in his hands for collection, all moneys received by him on account of the city, and all payments to the city treasury, within twenty-four hours after its receipt by him, for which triplicate receipts shall be taken, one of which shall be filed in the auditor’s office, and one in the comptroller’s office; sixth, to keep a book or docket in which he shall enter an abstract of all suits pending in favor of or against the city, in tabular form, substantially as follows: Names of parties; suits, when brought; in what court; nature of action; names of witnesses; proofs, etc., for the city; amount of judg- ment; date of judgment; date of execution; remarks, etc.; which book or docket shall be delivered by him to his successor in office; seventh, to prose- cute an appeal or writ of error in any case in which the city is concerned and make proper affidavits thereof when so directed by the comptroller. (M. C., sec. 1293.) Sec. 13869. Duty to pass on form of pending bills.—When- ever any committee of either house of the municipal assembly, or any mem- ber of either of said houses, shall submit to the city counselor or to the as- Sociate city counselor a copy of any bill pending in either of said houses, or a draft of any proposed ordinance about to be introduced into either of said houses by any member thereof, with the request that the city coun- Selor or the associate city counselor make such alterations or modifications in the form of such copy of a bill or draught of an ordinance, if any are nec- essary, as will make such bill or proposed ordinance as altered or modified conform to the proper charter requirements as to the form of ordinances, it shall be the duty of the city counselor or of the associate city counselor, as the case may be, to make such alterations or modifications as expedi- tiously as possible and return the copy of the bill or draught of the ordi- nance so altered or modified to the committee by which, or to the member by whom, the same was presented to him. (M. C., sec. 1294.) See also hereinafter, sec. 1413 of Rev. Code. *Amended by ordinance No. 23038, enacted shortly after Revised Code; see pp. 837-838, note to heading of this article (JI), where the amendments are given. The ordinance is set out in full in the appendix to Rev. Code. 842 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 14. See. 1370. Associate, second associate and assistant—du- ties. — The associate city counselor, second associate city counselor and assistant city counselor shall be under the control and direction of the city counselor, and shall perform such duties in the line of their respective offices as may be designated from time to time by the city counselor or by the charter or ordinances. (M. C., sec. 1295.) Sec. 1371. Duties of chief clerk and clerk.*—The chief clerk shall write the reports in condemnation and change of grade proceedings, and keep a record of all such cases, showing the progeedings therein both in court and before the commissioners, and such other duties as shall be as- signed to him by the city counselor, or provided by ordinances. The clerk shall make investigation of facts and collect evidence in cases in which the city is a party, and perform such other dutiés as shall be assigned to him by the city counselor or provided by ordinances.* (Ord. 20757, amending M. €., sec. 1296.) Sec. 1872. Duties of stenographer.*—The stenographer shall re- port and transcribe all testimony taken before commissioners in all pro- ceedings for the opening of any street or alley when required so to do by the city counselor, and he shall also perform such other duties as may be re- quired by the city counselor or ordinances.* (M-. C., sec. 1297.) See. 1878. Commissioners in street openings to meet in office of city counselor.—The commissioners in all proceedings 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 upon the session docket for that day and such session docket shall be open to the inspection of the public. (M. C., sec. 1298.) See. 1874. When and how special counsel may be employed —how compensation fixed.—In case of the disability or inability only of the city counselor to act in the performance of his duty, special counsel may be employed; provided, however, that no special attorney or attorneys shall be employed 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 employment, and 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 the yeas and nays, then, and in such case, the mayor shall have power to contract with such attorney or attorneys upon the terms and conditiogs approved by the council; but when the council is not in session, then, in case of emergency, the mayor may act without the approval of the council, provided, however, that the city counselor, with the approval of the mayor, may engage local counsel to assist him in the trial cases in nisi prius courts outside the City of St. Louis, where the city is a party to the suit, *Amended by ordinance No. 23038, enacted shortly after Revised Code; see pp. 887-8388, note to heading of this article (II), where the amendments are given. The ordinance is set out in full in the appendix to Rev. Code. ART. I] OF MUNICIPAL ASSEMBLY. 843 at a fee not exceeding fifty dollars, to be paid out of the fund for costs and legal expenses. (Ord. 20863, amending M. ©., sec. 1299.) In the absence of authority conferred on the mayor he cannot employ an attorney so as to bind the city for his compensation: Carroll vs. St. Louis, 12 Mo. 444. See. 1375. Additional stenographer—compensation.—In addi- tion to the employes herein mentioned, the city counselor may, when in his opinion the efficient working of the department requires it, employ an addi- tional stenographer at a rate not exceeding three dollars per day, payable out of the fund appropriated for costs and legal expenses, who shall per- form such duties as may be required by the city counselor. (Ord. 21889, providing new sec. 1299a to M. C.) orn Gai se LEGISLATIVE DEPARTMENT. PASE Tne I. Of municipal assembly. II. Of ordinances. ARTICLE I. OF MUNICIPAL ASSEMBLY.* Sec. 1876. Elections to house of delegates.—An election shall be held on the first Tuesday in April, eighteen hundred and eighty-seven, and every two years thereafter, and at said election the house of delegates, consisting of one member from each ward, shall be chosen by the qualified voters of each ward, for the term of two years from the day of election. (M. C., sec. 1800.) Sec. 1877. Elections to council.—At the election to be held as aforesaid, upon the first Tuesday in April, eighteen hundred and eighty- seven, six members of the council shall be elected on a general ticket by the qualified voters of the city, whose term of office shall continue for four years from the day of election, and at the election to be held every two years thereafter, members of the council shall, in like manner, be elected to suc- ceed those whose terms expire, for the term of four years from the day of election. (M. C., sec. 1301.) Sec. 13878. Compensation, members of assembly.—Each mem- ber of the municipal assembly shall receive for his official services of every kind, annually, during his term of office, the sum of three hundred dollars, to be paid quarterly, and may be paid his reasonable expenses, authorized and incurred in any such service, to be approved by the house of which he is a member. Whenever a member of the municipal assembly is absent *As to the charter provisions respecting the Municipal Assembly organization, election of councilmen, delegates, etc., see Chart., Art. III, secs. 1 to 11 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. 26; and that the acts of the assembly must be in harmony with the Laws and Constitu- tion: note introductory to charter p. 290. 844 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 15. without leave from his house first obtained therefor, for an entire sitting of any meeting, he shall forfeit one dollar of his official compensation, and the secretary or clerk of the respective houses (as the case may be), shall report 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 incurred as aforesaid. (M. C., sec. 1302.) Compensation ‘is fixed at. $3009 by,...charter: | Chart, ,Art,) IIft, sec. 14... For this reason ordinances increasing the compensation were vetoed a number of times. Sec. 13879. Special sessions—how called.—Three days’ notice of all special sessions of the municipal assembly, convened by proclamation of the mayor, shall be given in ‘the newspapers doing the city printing. Upon the issuance of such proclamation the secretary of the council and the clerk of the house of delegates shall send written notice thereof to the members of their respective houses. (M. C., sec. 1303.) Special sessions: Called by Mayor see Charter, Art. IV, sec. 18 and note thereto, stating what may and may not be done thereat; see also Rev. Code,. sec. 1496. . Sec. 13880. Offrcers of the council.—The officers of the council shall be a president, who shall be elected by the qualified voters of the city on the first Tuesday of April, eighteen hundred and eighty-nine, and every four years thereafter, a vice-president, a secretary, an assistant secretary, and sergeant-at-arms, each of whom shall be appointed by the council. (M. C., sec. 1304.) Sec. 1381. Officers of the house of delegates.—The officers of the house of delegates shall be a speaker, who shall be elected by said house, a speaker pro tem., a clerk, an assistant clerk, a sergeant-at-arms. and messenger, each of whom shall be appointed by the house of delegates. The messenger shall be under the control of the sergeant-at-arms, and shall assist him in the duties of his office. (M. C., sec. 1305.) Sec. 13882. Removal of salaried officers.-—Either house may, by a vote of a majority of the members elect, remove any of its salaried officers, and upon such removal the salary of such officer shall then cease. (M. C..,. sec. 1306.) Sec. 13883. Duties of secretary of council and clerk of house. —It shali be the duty of the secretary of the council and clerk of the house of delegates, respectively : First. To keep a correct, full and explicit record of the proceedings of their respective houses. Second. To prepare and to furnish the newspapers doing the city printing as soon as may be after each meeting of their respective houses an abstract of its proceedings, revised by the presiding officer, for publication. Third. To file and preserve all papers and documents belonging to the respective houses, upon which shall be indorsed a succinct history of all proceedings had thereon. Fourth. To prepare copies of all resolutions and transmit them to the parties therein designated. Fifth. To keep in tabular form a synopsis of the proceedings had at each meeting, showing the term, number of each petition, resolution and bill presented, and by whom introduced, the substance of each petition and resolution, and the title of each bill, the date when the same was intro- * ART. I] OF MUNICIPAL ASSEMBLY. 845 duced, and of the second and third readings, passage or rejection, enroll- ment, approval or veto, and of the registered number of bills; also of the reference of all documents, to whom referred and when reported, together with such other of the proceedings, if any, as may be deemed necessary to give a brief history thereof and furnish an index thereto; all of which shall be at the expiration of each term, printed for the use of the members of the municipal assembly and city officers. Sixth. To perform such other duties appertaining to their respective offices as may be required of them or may be necessary to systematize the business and promote the efficiency thereof. Seventh. The assistant secretary and assistant clerk shall each per- form such duties as they shall be directed to perform by the secretary or clerk of their respective houses. (M. C., sec. 1307.) Sec. 13884. Sergeant-at-arms of assembly—duty of.—It shall be the duty of the sergeant-at-arms of the council to attend all meetings of the council, to take care of the council chamber and to keep it clean, to provide fire and lights and other articles necessary therefor, and perform such other duties as the council shall require by rule or otherwise. It shall be the duty of the sergeant-at-arms of the house of. delegates to attend all meetings of the house, to take care of the hall of the house of delegates and keep it clean, to provide fire and lights and other articles necessary there- for, and perform such other duties as the house of delegates shall require by rule or otherwise. (M. C., sec. 1308.) Sec. 1385. Salaries.—The salary of the secretary of the council shall be at the rate of twenty-one hundred dollars per annum; the salary of the assistant secretary of the council shall be at the rate of fifteen hundred dollars per annum; the salary of the clerk of the house of delegates shall be at the rate of twenty-one hundred dollars per annum; the salary of the as- sistant clerk of the house of delegates shall be at the rate of fifteen hundred dollars per annum; the salary of the sergeant-at-arms of the council shall be at the rate of twelve hundred dollars per annum; the salary of the ser- geant-at-arms of the house of delegates shall be at the rate of twelve hun- dred dollars per annum; the salary of the page of the house of delegates shall be at the rate of six hundred dollars per annum. Which salaries shall be in full compensation for all services of said officers respectively. (Ord. 22113. amending M. C., sec. 1309.) This section was amended by ordinance 23080, approved June 21, 1907, so as to make the salaries at present as follows: Secretary of Council, $2,400; As- sistant Secretary of Council, $1,800; Clerk House of Delegates, $2,400; Assistant Clerk, $1,800; Sergeant at Arms of Council, $1,500; Sergeant at Arms of House, $1,500; Page of House, $900 Sec. 1386. Janitor for council—house — salaries.-—The president of the council is hereby authorized to appoint a janitor, whose compensa- tion shall be fifty-five dollars per month, and the speaker of the house of delegates is also authorized to appoint a janitor, whose compensation shall be fifty-five dollars per month. (Ord. 19920, M. C., p. 998.) See. 1887. Same — duties— control of janitors. — It shall be the duty of said janitors, respectively, to keep the chamber and offices of the council and house of delegates in a cleanly condition, and to be under the control and supervision, respectively, of the president of the council and the speaker of the house of delegates. (Jb., sec. 2.) 846 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 15. Sec. 1888. Rules and regulations, each house to make. Each house may determine the rules of its own proceedings, and may adopt such rules and regulations for its organization 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; provided, no committee or member thereof shall have the right to as- sume or perform any executive duties, either in the execution of ordinances, in the settlement of claims, or in any other manner. (M. C., sec. 1810.) See Charter, Art. III, sec. 8 and note thereto. Sec. 1389. Resignations, to whom addressed.—Resignation by members of the municipal assembly shall be addressed to the presiding officer of the respective houses. (M. C., sec. 1311.) Sec. 1890. Vaecancies—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 shail 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. «(Mo Os sec, 15125) See Charter, Art. III, sec. 7 and note thereto. See. 13891. Proceedings—copies to be furnished members.— For the purpose of affording the members of the municipal assembly better facilities for obtaining information on matters pertaining to the pending municipal legislation and the proceeding in the municipal assembly. the register shall contract with the paper doing the city printing in the #ng- lish language for the printing of copies 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 apart out of the appropriation for printing and no expense for print- ing the second time shall be incurred. (M. C., sec. 13138.) See.1392. Subpoenas—when committees empowered to issue. —Whenever either house of the municipal assembly of the City of St. Louis shall, by resolution, authorize any of its committees to make investigation of any question or matter on which such house may lawfully take action and shall empower such committee to send for persons and papers, such committee shall, thereupon, have authority to issue writs of subpoena, and of subpoena 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 committee belongs, and shali be attested by the secretary or 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 are served and returned by the sheriff. (M. C., sec. 1314.) See Charter, Art. III, sec. 31. As to the power of the house to punish for contempt, compel attendance of witnesses and production of books, see briefs of counsel in In re Conrades, 185 Mo. 411, and some discussion by the court, al- though the case itself was decided on the ground that the resolution appointing a committee in that case did not purport to confer power on it to examine the books and papers. The court reversed the majority.of the Court of Appeals which had held petitioner in contempt for failure to obey the committee, Bland, J., ART. I] OF MUNICIPAL ASSEMBLY. 847 dissenting: 112 Mo. App. 21, with full discussion in majority and dissenting opin- ions of the authorities. This ordinance provision (sec. 1392) was held to be within the constitutional] 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 pending inquiry properly called for in a subpoena duces tecum: In re Dunn, 9 Mo. App. 255. Sec. 13893. Writs of attachment— when to issue.—In case any person named in any such writ, and who was personally served there- with, shall fail to appear before the committee at the time and place named in the writ, the committee shall have authority to issue a writ of attach- ment against the body of such person, to be signed as writs of subpoena are herein required to be signed and to be executed and returned to the chairman of the committee by the sergeant-at-arms, in like manner and with like effect as such writs of attachments issued by the circuit court are exe- cuted and returned by the sheriff. Any person refusing to be arrested or resisting the sergeant-at-arms in any case provided for by this chapter, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than five dollars nor more than twenty-five dollars for each offense. (M. C., sec. 1815.) Sec. 13894. _Contumacy—how dealt with.—In case any person appearing before a committee in obedience to a writ of subpoena or sub- poena duces tecum or attachment, shall refuse or fail to answer any ques- tion propounded to him by said committee, or shall fail to produce and submit to the examination of the committee any book, record or paper which he is required to produce by a subpecena duces tecum, or shall in the presence of the committee be guilty of contumacious, threatening or disorderly language or conduct, the committee shall immediately report the facts to the house to which it belongs. Upon the coming in of such report, the presiding officer, if so directed by the house, shall issue a warrant, signed by himself, and directed to the sergeant-at-arms, commanding him to arrest such witness and have his body before the house at its first meet- ing held thereafter to answer for contempt. The sergeant-at-arms shall execute such warrant. On the hearing of the matter the house, if it shall ‘adjudge the witness to be in contempt of its authority, may, for the first offense, punish him by a fine of not more than one hundred dollars, or by imprisonment in the city jail of not more than ten days, or by both such fine and imprisonment. For every repetition of contempt by such witness in the same investigation he shall be punished in at least double the amount of his first fine and imprisonment, or both. Any person fined under the provisions of this chapter shall, on default of payment thereof, be forth- with committed to the city jail for the terms of ten days. (M. C., sec. 1816.) See next preceding note. Sec. 13895. Subpoenas, ete., either house may issue. — In case either house shall, without the agency of a committee conduct an in- vestigation or desire to take evidence on any question or matter in which it may lawfully take action, it shall have authority to issue writs of sub- poena, subpoena duces tecum, and attachments and warrants of commit- ment, as hereinbefore provided in cases of investigation before committees. Every such writ or warrant shall be signed by the acting presiding officer and attested by the secretary or clerk and returnable to the acting presid- ing officer. All penalties hereinbefore provided for shall apply and obtain in cases of investigation made under the provisions of this section. (M. C., sec. 1317.) 848 REVISED CODE OR GENERAL ORDINANCES. {[CHAP. 15. Sec. 1396. Requisitions—by whom made.—tThe secretary of the council and clerk of the house of delegates shall make requisition, as pre- scribed by ordinance, for such articles as are required in the department under their charge, shall myke out the pay-rolls of members and officers of their respective houses and shall certify in proper form to all vouchers drawn on the respective funds. (M. C., sec. 1318.) ARTICLE II. OF ORDINANCES.* Sec. 1397. Mayor—action of, required on_ Dbills.—Every bill, immediately after its passage in both houses, shall be presented to the mayor for his approval or disapproval. And the mayor shall, within ten days after such presentation, consider and return such bill to the house in which it originated with his approval indorsed thereon or accompanied by his objection. If he approves the same it shall become a law, or in case the municipal assembly remain in session for ten days after such presenta- tion, and the mayor fails to return such bill as herein required, it shall be- come a law as if approved by him; provided, 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 bill to the register, with his approval or reasons for disapproval, otherwise it shall become a law as if approved. (M.C., sec. 1519.) See note to Charter, III, sec. 23. Sec 1898. Veto—action of assembly on.—Every 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 upon the journal and proceed, 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 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 upon the bill. This bill, thus certified, shall be deposited in 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 approval of the mayor. (M. C., sec, 1320.) See Charter, Art. III, sec. 25. Sec. 13899. Ordinances—to be bound and published.—lIt shall be the duty of the register, as soon as practicable after the adjournment of any stated or special session of the municipal assembly, to cause the original ordinances of the municipal assembly, passed at such stated or Special session, to be bound in a strong and substantial manner and prop- erly labeled, and shall make a written index of the subject of each ordi- *See for discussion on the subject of ordinances, notes to the Charter, Art. ITI, pages 308-311. : | | —— —_— | ee ee en ee ee a ART. IL.] OF ORDINANCES. 849 nance, its number and date of becoming a law, and the register shall pre- serve the volume thus bound safely, in his office; and he shall cause one hundred and fifty copies of the printed slips of the ordinances to be bound in pasteboard, at the expiration of each session, for the use of the members of the municipal assembly. (M. C., sec. 1321.) Sec. 1400. Ordinance in revision a continuance of ordi- nance provisions.—The provisions of the ordinance in revision of the general ordinances of the city so far as they are the same as those of exist- ing ordinances shall be construed as a continuance of such ordinances, and not as new enactments. (M.C., sec. 1322.) See note to Charter, Art. III, sec. 28, and authorities there cited. Sec. 1401. Effect of repeal.—The repeal of an ordinance or part thereof shall not revive any ordinance or any provisions thereof heretofore repealed or superseded, nor any office heretofore abolished. (M. C., sec. 1323.) | See Charter, Art. III, sec. 28; also R. S. 1899, sec. 4177. Sec. 1402. Private or local—not affected.—All ordinances and resolutions of a private, local or temporary nature, in force at the com- mencement of the present session (1906-1907) of the municipal assembly, not repealed by or repugnant to, some ordinance passed at the present ses- sion of the municipal assembly, shall continue in force or expire, according to their respective provisions or limitations. (M. C., sec. 1824, amended.) Sec. 1403. Repeals do not affect rights or suits.—The repeal of any ordinance, part of ordinance or resolution shall not affect any act done or right accrued or established in any proceeding, action, suit or prosecution or other thing had or commenced previous to the time when such repeal shall take effect, but every such act, right or proceeding, shall remain and continue as valid and effectual as if the provisions of any such ordinance or resolution had remained in force. (M. C., sec. 1525.) An ordinance may be repealed conditionally, for instance excepting as to such violations thereof and forfeitures thereunder as had been incurred thereto- fore: Kansas City vs. White, 69 Mo. 26. Unless there is a provision to the con- trary (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. Ordinance to be numbered, printed and pre- served. — Every ordinance when passed and approved by the mayor, or when it shall have become a law, shall be sent to the city register, and by him shall be numbered, printed, filed and preserved in his office. (M. C., sec. 1326.) Same as Charter, Art. III, sec. 28, which see, with note. Sec. 1405. Repeal of—not to affect offense or penalty. —No offense committed and no fine, forfeiture or penalty incurred, previous to the time when the provisions of any ordinance, parts of an ordinance or resolution shall be repealed, shall be affected, released or in any way dis- charged, by such repeal; but the trial, conviction and punishment of all such offenses, and the recovery of such fines, forfeitures and penalties shall be had in all respects as if such provision had remained in force. (M. C., sec. 1327.) See note to Charter, III, sec. 28. 830 REVISED CODE OR GENERAL ORDINANCES. [CHAP? "15. See. 1406. Ordinance—repealed—revised—to control sub- sequent proceedings.—No action, prosecution, suit or proceedings, pend- ing at any time any ordinance or part of an ordinance shall be repealed, shall be affected in any way by such repeal; but any such action, prosecu- tion, suit or proceedings shall proceed, in all respects, as if such ordinance or part of ordinance, had not been repealed; except that any such action, prosecution, suit or proceeding, had or begun after the ordinances revised at the present session of the municipal assembly shall take effect, shall be conducted in conformity with the provisions of such revised ordinances and shall be, in all respects, subject to the provisions thereof so far as they are applicable. (M. C., sec. 1328.) See sec. 1403, supra. Sec. 1407. ‘‘Hereafter’’ and ‘‘Heretofore”’ defined.— Whenever the term “heretofore” occurs in any ordinance, it shall be construed to mean any time previous to the day when such ordinance shall take effect; and whenever the term “hereafter” occurs, it shall be construed to mean any time after such ordinance shall take effect. (M. C., sec. 1329.) Same as statute: R. S. 1899, sec. 4155. For rules in general on construction of ordinances, see note to Charter, introductory to Art. III, sec. 26. Sec. 1408. Plural number—how to be construed.—When- ever, in any ordinance or resolution words importing the plural number are used in describing or referring to any object, matter, parties or persons, any single object, matter, party or persons, shall be deemed to be inciuded, although distributive words to that effect may not be used. (M. C., sec. 1330.) Same as R. S. 1899, sec. 4157; referred to in 93 Mo. loc. cit. 41. Sec. 1409. Number and gender—how construed.—When any subject, matter, party or person is described or referred to in any ordi- nance, by words importing the single number, or the masculine gender, several matters and persons, and females, as well as males, and bodies cor- porate as well as individuals, shall be deemed to be included. (M. C., sec. 1331.) Same as R. S. 1899, sec. 4158. See State ex rel. vs. Hostetter, 137 Mo. 636. Sec. 1410. Foregoing rules to apply in all cases—except when repugnant.—The rules prescribed in the last two sections shall apply in all cases, unless it shall be otherwise expressly provided in any ordinance, or unless there be something in the subject or context repugnant to such construction. (M. C., sec.- 1332.) See cases on Statutory Construction cited in R. S. 1899, note to sec. 4160. Sec. 1411. Repealing ordinance repealed—does not revive former ordinance.—When an ordinance, repealing a former ordinance, clause or provision, shall itself be repealed, such repeal shall not be con- strued to revive such former ordinance, clause or provision, unless it be expressly so provided. (M. C., sec. 1333.) See note to Charter, Art. III, sec. 28. 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- \ CHAP. 16.] OF MARKETS. 851 vision, unless it be otherwise expressly provided in the repealing ordinance. (M. C., sec. 13834.) See note to Charter, Art. III, sec. 28. In State ex rel. vs. Longfellow, 93 Mo. App. 364, 370, the court says of this section: ‘‘We apprehend that the pur- pose of the ordinance was to prevent the repeal of the term of an office created by one ordinance by repealing or amending 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 purpose and aim of the amendment, or that an ordinance creating an office could not be repealed and a new 6ne enacted in lieu of it, leaving out the clause creating the office.” See s. c. 95 Mo. App. 660, 666. See. 1418. Bills embodying general ordinance provisions— submission to city counselor to approve form.—All bills em- bodying general ordinance provisions before final passage by the municipal assembly may be submitted to the city counselor or the associate city coun- selor, whose duty it shall be to examine the same without unnecessary de- lay and recommend such alterations or modifications in the form thereof, if any are necessary, as will make all such bills as altered or modified conform ‘to the proper charter requirements as to the form of ordinances and to the general plan of the municipal [Revised] code, provided that nothing herein shall be construed as requiring bills not embracing general ordinance pro- visions to be so submitted. (M. C., sec. 1335.) See also sec. 1369 of Rev. Code. See. 1414. Reference to revised code sufficient.—In all offi- cial reference to any provision or provisions of the general ordinances, em- bodied in “The Revised Code of St. Louis,” after said code shall have been adopted legally, as provided in ordinance number twenty-two thousand and forty-six, approved June twenty, nineteen hundred and five, it shall be sufficient to refer to said provision or provisions by section number or numbers, as the reference may require, of “The Revised Code of St. Louis.” (Ord. 22594; see M. C., sec. 1336.) GENERAL NOTE ON SUBJECT OF ORDINANCES: See note to Charter, Art. III, pages 308-311; and see p. 309 as to evidence of ordinance, when same to be pleaded and how, ete. CHAPTER 16. OF MARKETS.* TNA GIS Bt I. Of names and boundaries. II. Of location of stalls, stands and wagons. Ill. Of-leasing and renting of stalls and stands. IV. Of market masters—appointment, powers and duties. 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, secs. 6248, 6249. Ordinance regulations in pursuance of the charter are, when not unreasonable, 852 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 16. upheld: St. Louis vs. Weber, 44 Mo. 547; Jackson vs. St. Louis, 25 Mo. 37. But the city has no authority to lease out spaces on a street to produce dealers, etc.: Schopp vs. St. Louis, 117 Mo. 131, 135, and cases cited. Where realty is conveyed to the city to be used for the purpose of a public market, with the provision that if the city did not erect such market house within a year, others might upon the like condition, but with no further reservations or right of re-entry, it was held that after the city had erected and maintained a market house in pursuance of the terms of the deed, for a number of years, it could use the same for other municipal purposes: Hand vs. St. Louis, 158 Mo. 204. Ordinances regulating markets and weights are an exercise of the police power: Lamar vs. Weidman, 57 Mo. App. 507. ARTICLE I. OF NAMES AND BOUNDARIES. Sec. 1415. City market.—The lot of ground bounded on the north by O’Fallon street, east by Third street, south by Biddle street and west by Broadway, with the buildings thereon, shall constitute and be known as the city market. (M. C., sec. 1337.) As to the rights of the city under the ordinance relating to the Biddle Street market and the contract with the Harney heirs, see Harney vs. St. Louis, 90 Mo. 214. Sec. 1416. Union market.—City block number one hundred and twenty-one, fronting two hundred and twenty-six feet on the west side of Fifth street (Broadway), by a depth westerly of two hundred and seventy feet, bounded north by Morgan street, east by Fifth street (Broadway), south by Christy avenue, and west by Sixth street, with the buildings thereon, is hereby declared to be a public market, to be known and called the Union Market. (M. C., sec. 1838.) : ; Sec. 1417. Soulard market.—City block number three hundred and seventy-four, three hundred by one hundred and fifty feet, and bounded north by Carroll street, east by Seventh street, south by an alley, and west by Fulton street, and city block number three hundred and eighty-one, three hundred by one hundred and fifty feet, bounded north by Carroll street, east by Fulton street, south by an alley, and west by Decatur street, with the buildings thereon, shall be known as Soulard Market. (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. 1840.) ARTICLE ITI. OF LOCATION OF STALLS, STANDS AND WAGONS. * Sec. 1419. Wagon stands, ete., comptroller to locate. Authority is given the comptroller to locate wagon or market stands in such manner that those in the same business shall occupy contiguous spaces. (M. C., sec. 1341.) *That stands and stalls can not be authorized by ordinance to occupy parts of the public street, see Schopp vs. St. Louis, 117 Mo. 131, 135. ART. II.] OF LOCATION OF STALLS, STANDS AND WAGONS.* 853 See. 1420. Market stands—regulations of.—The sidewalks and space outside the market-houses of all markets are hereby appropriated and set apart for stands for the sale of vegetables or any other articles which under this chapter, are permissible to be sold outside the market- houses, at wholesale or retail, from tables, vehicles, or in any other man- ner. Each stand shall be made to occupy not less than eight nor more than twelve feet along the building line, nor more than three and one-half feet deep, except at Union Market on the north side of Christy avenue, which shall be eight feet in depth; provided, however, that at Union Mar- ket, on the Broadway (Fifth street) side, nothing, herein shall be so con- strued as to interfere with the right of any occupants or tenants thereof to use for the purpose of receiving and shipping their goods, the space of five feet inside of the curb line of said Broadway, being the space now existing between said curb line and the row of iron posts which support the roofed covering over the sidewalk. (M. C., sec. 1342.) Sec. 1421. Markets—inner portions, how used.—All the inner portion of all market-houses shall be and are hereby set apart for butchers’ stalls; but when not needed for this purpose may be used under the direc- tion of the comptroller for the sale of fresh, smoked or salted meats, bacon, ham, sausages, dressed fowls and all other kinds of provisions or goods, except fish. (M. C., sec. 1348.) See St. Louis vs. Freivogel, 95 Mo. 533-539-540, as to this section. Sec. 1422. Market wagons—spaces 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.) Sec. 1423. Wood stands, etc.—where to be located.—Eighth street, from Cass avenue to Mullanphy street, and Mullanphy street, from Eighth street to West Sixteenth street, and all that part of Broadway from Cass avenue to Howard street; also that portion of Cass avenue from Broadway to Ninth street; also the southeast quarter of the block in South St. Louis in which the South Market is located, are hereby set aside for the sale of coal, wood, hay, corn, oats and straw by the load, and no other place except those above mentioned shall be used as a stand for the sale of such articles. (M. C., sec. 1845.) Sec. 1424. Farmers’ wagons—space reserved for.—All that por- tion of Third street, on either side thereof, which is between Christy ave- nue and its intersection with Broadway, and all that portion of Broadway from its intersection with Third street north to Howard street, and all that portion of O’Fallon street from Collins street to Sixth street, is hereby set apart for farmers’ and other wagons bringing produce to market for sale; provided, that a space of ten feet shall be kept vacant opposite each store or building, alternately, in such manner that there shall be a continuous space 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 previsions, and when necessary to summon a suf- ficient number of police to accomplish that object; provided, further, that farmers’ wagons shall occupy the above space only under permission of the market master, and all persons owning or controlling space on Third street and on Broadway between the limits specified above, are forbidden to grant such right or to collect any toll therefor. (M. C., sec. 1846.) 854 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 18. ARTICLE III. OF LEASING AND RENTING OF STALLS AND STANDS. Sec. 1425. Market stalls, ete., not to be occupied with out license—penalty.—No person without a lease or other proper permit from the comptroller or market master, or whose lease or legal per- mit shall have been forfeited, shall, for any purpose, 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, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined not less than five nor more than fifty dollars for each offense. (M. C., sec. 1347.) See. 1426. Market stalls, ete., 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 May and November of each year he shall lease all other stands and stalls in said market and market places for a like term of time; provided, that before such leasing shall take place the comptroller shall locate, establish the terms of renting, and grade the prices of all such stands and stalls according to the different purposes on account of which they are occupied. (M. C., sec. 1348.) Sec. 1427. Market stalls, ete., 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 papers employed 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 stands, in any market, nor re-lease or rent to others any portion 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., sec. 1849.) Sec. 1428. Market stalls, ete.—rent of, how 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 when required to, or fails to pay all rents when due, or otherwise violates any of the provisions of this article, or any of the rules and regulations made in pursuance thereof in yelation to stands: or stalls, - he shall forthwith forfeit such stand or stall, and all that has been paid thereon, without any other process of law. Renters of wagon stands shall ART. 1LV.<) OF MARKET MASTERS. APPOINTMENT, POWERS AND DUTIES. 855 in all cases, be required to pay their rent semi-annually in advance. (M. C., sec. 1350.) Sec. 1429. Market stalls, ete.--when vacant, how rented. Vacant stands or stalls and wagon stands not rented as required in the foregoing sections, or which, by forfeiture to the city or any reason become vacant, may be rented for the best attainable price and term of time; pro- vided, that stalls shall not be rented for less than one month; but no fees shall be exacted from farmers or gardeners for selling their produce in the market places or public streets from their vehicles. (M. C., sec. 1351.) Sec. 14380. Leases—to what condition subject.—The renting of all stands and stalls and wagon stands, shall be subjeet to the condi- tions that the lease therefor may be cancelled by the city at any time after thirty days’ notice to the lessee, and returning to him the proportionate amount of rent paid, according to the unexpired time of the lease. (M. C., sec. 1852.) See. 1431. Market stalls, ete.—lease with seewrity when re- quired.—Every lessee of a stall or stand to be used for a longer period than three months, shall execute a lease therefor with two good securities, to be approved by the comptroller, for the payment of all rents semi-an- nually in advance, and the performance of all other obligations, 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 lease or this article by any lessee, shall work a forfeiture of said lease and the stall or stand. (M. C,, sec. 1353.) Sec. 1482. Market stands—contract of sale of—cancelled when. —The comptroller is hereby authorized for good and sufficient cause to cancel any contract made for stalls or stands, or wagon stands, and to relet the same, as by ordinance provided. (M. C., sec. 1354.) See. 1433. Market stands—vacated—how.—The comptroller with the approval of the mayor, is hereby authorized to vacate and abolish any stand or stall and wagon stand in any city market as in his opinion the interests of the public or market may seem to demand; provided, that said vacating or abolishing shall always be done at the expiration of the lease or term for which the rent has been paid, and after at least thirty days’ notice to the occupant thereof. (M. C., sec. 1355.) ARTICLE IV. OF MARKET MASTERS—APPOINTMENT, POWERS AND DUTIES. Sec. 1434. Market masters—appointment—salaries—subordi- nates. —The several market masters of the markets herein named shall be appointed by the mayor and confirmed by the council, and hold their respective positions, as provided in section two, article four of the charter, and until their successors are duly appointed and qualified, and shall give bond to the city in the sum of one thousand dollars each, with two or more good and sufficient securities, owners of unincumbered real estate in the city, to be approved by the mayor and council, and shall receive as full compensation for their services, viz.: the market master of Union Market, one thousand dollars per annum; the market master of City Market, nine 896 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 16. huneéred dollars per annum; the market master of Soulard Market, seven hundred twenty dollars per annum; the market master of South Market, seven hundred twenty dollars per annum; the number and salaries of the several market Sweepers in said markets, who shall be appointed by the respective market masters, and confirmed by the comptroller, shall be as follows, viz.: Union Market, four sweepers at six hundred dollars each; City Market, two sweepers, five hundred forty dollars each; and for a period 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 South Market, one sweeper at five hundred doljars; to be in full compensation for their services per annum, all payable 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. 1356.) 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 place, 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 general 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 exposed for sale; fifth, to examine weights and measures of all articles exposed for sale, and to seize all which are of less weight than represented by the seller according to the provisions of this article; sixth, to enforce order in the market place, and decide all disputes 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 printed tickets for rent of stands and stalls and wagon stands for short periods, and sign and deliver same to renters of stalls and stands, and to collect money therefor, ninth, to pay into the city treasury all moneys received by him on account of the city, at least once in each week. (M. C., sec. 1357.) Sec. 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 he is appointed, and all persons are required to obey his rules, regulations and directions in all such matters. (M. ©., sec. 1858.) Sec. 1437. Market masters to superintend cleaning, ete. The market masters shall superintend the cleaning of the market and mar- ket places for which they are respectively appointed, and cause the streets, footways and market places to be sprinkled with water whenever it shall be 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 enforced. —The market masters shall cause the market-house and market places to which they shall be respectively appointed to be thoroughly cleaned, and Wai LV OF MARKET MASTERS, APPOINTMENT, POWERS AND DUTIES. 857 all the filth to be removed therefrom by the scavengers employed for that purpose by the city, and keep the footways and steps in the winter season clear of ice and snow. (M.C., sec. 1360.) See. 1439. Market masters, seales to be kept by— charge—no one else to w alty.—Kach market master shall keep as many scales and other implements for weighing, duly stamped and certified by the inspector of weights and measures, aS may be necessary to conveniently do all the weighing in said market, and shall, whenever re- quested, weigh all articles belonging to marketers and others intended for sale, and shall charge five cents for each separate and single article, to be paid bv the person or party requesting the same to be weighed, which fees shall be paid weekly into the city treasury. Any person who shall weigh an article of marketing within the market places, except the market master, or his legal deputy, and charge therefor, shall be deemed guilty of a mis- demeanor, and on conviction thereof, be fined not less than twenty nor more than one hundred dollars for each offense. (M. C., sec. 1861.) Sec. 1440. Market masters—seizures by_s sale of berries. It shall be the duty of the market master to seize all articles offered for sale in any market which are prohibited by ordinance, or which are exposed for sale without the venders having proper authority therefor under the ordi- nance; or where such article or thing is short in weight or measure ac- cording to the representation of the venders; all which articles or things so seized shall be forfeited to the city and sold at public outcry by the market master, and the proceeds paid into the city treasury; provided, that nothing in this article shall be so construed as to prevent the sale of every description or kind of berries and tender fruits by the package, and said package shall not be required to be gauged or stamped by the inspector of weights and measures, nor forfeited for ‘short weight or measure, but shall be weighed or measured at the option of the buyer. (M. C., sec. 1362.) Sec. 1441. Market masters may remove certain persons— special policeman.—It is hereby made the duty of each market master to order or remove from the market-house or market place, in a summary manner, any person who is guilty of any vioient, turbulent, or disorderly conduct, or who shall in any way interfere with him or disturb the mar- keters, or buyers; or who shall violate or refuse to obey any ordinance, rules or regulations for the government or management of the markets and mar- ket places; or who shall expose as if for sale, sell or attempt to sell anything in the market, or market places, that is prohibited by ordinance; or who shall sell or offer for sale, or expose as if intended for sale, anything in the market or market place without first having obtained a license or other proper authority so to do, according to the spirit and intent of this chap- ter; and for the purpose of enabling the market masters of the several mar- kets more effectually to carry out the provisions of this chapter, it shall be the duty of each respectively to apply for and obtain an appointment from the police commissioners as special policemen. (M. C., sec. 1863.) Sec. 1442. Offenders to 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 provisions of this chapter, and bring them before the police justice of the district in which the market may be located, and upon information being filed by any other person that he has good reasons to believe and does believe that any person has been guilty of violating any of the provisions of this chapter, 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 directing 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.) Sec. 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 penalty is prescribed in this chapter, shall be fined not less than five dollars nor more than one hundred dollars. (M. C., sec. 1865.) ARTICLE V. OF RULES AND REGULATIONS. Sec. 1444. Hours of. —All the markets aforesaid shall be open for the sale of all meats, vegetables, victuals, provisions 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) ; 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. C., sec. 1866.) See. 1445. Lights to be kept.—The market masters of all the mar- kets are required to keep at least two lights burning in said markets re- spectively the whole of each night during the year. (M. C., sec. 1367.) Sec. 1446. Time of closing market-houses—how announced. Kach market master shall be provided with a bell, and shall announce by the ringing thereof the closing of the market-house at least ten minutes before the time for closing. (M. C., sec. 1368.) See. 1447. Lessees of stalls—duties of, on closing market. Every lessee or occupier of a stall or stand in either market shall, within thirty minutes after the ringing of the bell as aforesaid, cause his vegeta- bles, provisions, 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 offal 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. 1869.) Sec. 1448. Hydrant to be provided—sales must be during hours. —Each market shall be supplied with a hydrant for the use of persons 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 offer 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, except at the stall of which he is lessee, and such sales shall otherwise be made in conformity with the regulations prescribed by this chapter. (M. C., sec. 1371.) Adee Vy OF RULES AND REGULATIONS OF MARKETS, ETC. 859 See. 1450. Stands—restrictions in use of.—Any stand or stall outside of any market-house may be used or employed for the sale of poul- try, game, vegetables, fruits, coffee, or other articles, except fresh meat. (M. C., sec. 1872.) See St. Louis vs. Freivogel, 95 Mo. 538, 1. c. 539. See. 1451. Sales—outside of market.—Nothing in this chapter shall be construed to prevent any farmer or producer from selling his meat by the quarter, or any person who follows the business of packing beef and pork, from selling bacon, shoulders, hams and sides of their own curing, or spare-ribs or sausage meat in the winter months, or any person from selling wild game not otherwise prohibited; provided, that such sales are made outside the market and market places. (M. C., sec. 1373.) Sec. 1452. Sale of diseased animals forbidden.—No person shall sell or expose for sale in the market or any other place within the cor- porate limits of the city any sick or diseased live animals for the purpose and with the design that the same shall be slaughtered and used for food, knowing or having reason to believe the same to be sick or diseased. (M. C., sec. 1374.) Sec. 1453. Sale of unsound meat ete. prohibited—penalty. —No person shall expose or offer for sale in market or any other place within the corporate limits of the city the flesh of any animal which was sick, overheated or run down by dogs or otherwise at or before the time 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 person sell, expose or offer for sale in this city any putrid, blown, plated, raised, stuffed or unsound meat, flesh, eggs, poultry or other articles of food, nor shall any person in this city sell, ex- pose or offer for sale the flesh 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 find in the market and cause the same to be condemned, and removed, and if the person offer- ing the same be lessee of the stall or stand his lease shall be forfeited and he shall never be permitted to lease or occupy a stall or stand thereafter in any market, and such person so offending shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not less than twenty- five nor more than one hundred dollars. (M. C., sec. 1375.) Sec. 1454. Market place—animals not to be driven into —offal to be kept off.—No person shall ride, lead, drive or place any horse or other animal into or upon any market, market place, or footway pertaining thereto, or kill or slaughter any animal in market, or throw or deposit any animal or vegetable offal, filth, meat, dead animal or fowl, fish or any nauseous substance, in anv market-house or market place, or streets or street or sidewalks adjoining said market or market places. (M. C. see 1377.) As to Keeping offal, garbage, filth and dead animals off streets and side- walks, see R.- C., secs. 685, 686, 1198. See. 1455. Market place—vehicles to be removed from, when.—Whenever any person shall have sold or disposed of the commodi- ties brought by him to market for sale, he may be required to remove his vehicle from the market place forthwith. (M. C., sec. 1377.) See. 1456. Refreshments, where sold.—Coffee and other refresh- ments may be served at such stands, in any of the city markets, as may 860 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 16. be designated by the market master and approved by the comptroller, sub- ject to the provisions of this article, but no person shall, in the market, sell or give away any wines or spirituous or fermented liquors. (M. C., sec. 1378.) See. 1457. Stalls—how painted by lessees.—Each butcher rent: ing stall in any market shall, as a condition of such leasing, be bound semi- annually to paint his stall such a color and at such a time as he shall be- required by the comptroller; provided, that all stalls in each market shail be of a uniform color. (M. C., sec. 1379.) Sec. 1458. 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 in any other place than that designated by him, except that charcoal, under the direction of the market master, may be burned in movable earthen 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. 1380.) Sec. 1459. Lounging forbidden.—No person not having lawful business in market shall sit, lounge, stand, walk or lie in or about the market place. (M. C., sec. 1381.) Sec. 1460. Market place—intoxicated persons forbidden access to.—No person in a state of intoxication shall go upon a market place. (M. C., sec. 1382.) See. 1461. Market place—dogs, ete., to be excluded from. No person shall bring, or suffer to come with him, into or upon any market place, during market hours any dog or unruly or dangerous animal. (M. C., sec. 1383.) - Sec. 1462. Animals—full grown—where to be sold.—No per- son shali sell, expose or offer for sale, in market, any horse, cow, ox, mule, jack or hog, or other full-grown animal, except at such places as the market master may direct. (M. C., sec. 1384.) Sec. 1463. Butter, ete.—by what weight sold.—Butter, lard and honey sold in market shall be sold by weight, avoirdupois. (M. C., sec. 1385. ) Sec. 1464. Sale—exposure for, what to constitute,—When- ever any article shall be exhibited in market, as if the same were intended for sale, whether sold or not, or directly offered for sale or not, such exhi- bition shall be held to be an exposure of the same for sale, and an offer to sell within the meaning of this chapter. (M. C., sec. 1386.) Sec. 1465. Market stall—grounds of forfeiture of lease of. If the lessee of any stand or stall fail for six consecutive days to expose for sale, at his stand or stall, articles usually sold thereat, unless such failure be proven to the satisfaction of the comptroller to have been caused by sick- ness, or other unavoidable circumstances, his lease shall be forfeited. (M. C., sec. 1387.) Sec. 1466 Market stall—further erounds of forfeiture of lease of.—If any lessee or renter of any stall or stand, or wagon stand, ART. V.] OF RULES AND REGULATIONS OF MARKETS. 861 be twice convicted of violating any ordinance in relation to markets, his lease shall be adjudged to be forfeited. (M. C., sec. 1388.) Sec. 1467. Article—application of provisions of.—The provis- ions of this article are declared to apply to all markets in this city, except where the same are confined in terms or by context to a particular market; and the market masters of private markets are invested with the same power, and required to perform the same duties as the market masters of the markets owned by the city are invested with and required to perform. (M. C., sec. 1389.) Sec. 1468. Sales—further regulations on.—No grocer, huckster or other person shall sell or offer for sale in any market or market place any produce, vegetables or fruits, or other articles purchased within the city limits during market hours, and all farmers, gardeners and producers are hereby authorized to sell it during market hours in any market subject to the provisions of this chapter. (M. C., sec. 1390.) See. 1469. Structures —as independent rooms forbidden, — The comptroller shall not allowsany shanty or structure in the nature of an independent room to be built in any market place. (M. C., sec. 1391.) Sec. 1470. Comptroller—general supervision to be exercised by—what structures prohibited.—All proceedings for the collection and return of market rents, for the enforcement of ordinances and other proper regulations for the control and management of the markets and business therein, for the appointment, location and leasing of all stalls and stands, and for the construction of all tables, fixtures, repairs, changes and improvements, and the employment of all assistants therein shall be under the supervision of the comptroller; but no shanties, inclosures, stands, fix- tures or improvements shall be erected or permitted in the market or market places that are shabby, unsightly or inconsistent with the general character of said markets, respectively, or their improvements or surroundings. (M. €., sec. 1892.) See. 1471. Comptroller—further regulations by, authorized —duties of market-master.—In addition to the rules and regula- tions prescribed by this chapter, authority is hereby given to the comptrol- ler, and it is made his duty, to make all other needful rules and regulations touching the designation, location and arrangement of all stalls and stands, and for the arrangement, stationing and removal of all wagons, carts and other vehicles used or brought within the limits of: the respective market places, and for the control and management of the business in said market not inconsistent with this chapter; and it shall be the duty of the several market masters to carry out and enforce all such rules and regulations pro- vided for the markets as herein prescribed. (M. C., sec. 1898.) See. 1472. Regulations—publication of, to be made.—Imme- diately after the making of any rules and regulations for either of the markets it shall be the duty of the register to cause such rules and regula- tions to be printed in hand-bill form in sufficient numbers for posting, and deliver the same to the market masters, respectively, to be posted, and they shall post up the same in the most public and conspicuous places in and about the several markets and market places, and each market master shall keep posted up in a conspicuous place in his office a copy of all the rules and regulations made in pursuance thereof for each and all the market houses and market places, respectively, within the city. (M. C., sec. 1394.) 862 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 16. ARTICLE VI. OF MEAT SHOPS.* Sec. 1473. License to conduct necessary.—No person, persons or copartnership of persons shall open or keep a meat shop in the city without first having obtained a license therefor, and any person, persons or copart- nership of persons doing business as a meat shop keeper or keepers shall pay an annual license of fifty dollars in advance; and said annual license shall be payable on the first day of July of each year; and each license issued shall date from the first day of July of each year; which license shall authorize and empower such person, persons or copartnership of persons to sell in their shops all kinds of fresh and salt meat, fresh and salt fish, sausage and sausage meat whether made by them or not, and also all kinds of fowl and game in their proper seasons that is not prohibited 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 quantities, for one year from 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 otherwise, without taking out an additional license therefor. If any person, persons or copartnership of persons shall exhibit for sale or offer for sale any of the above enumerated articles (vege- tables and fruit excepted) in any market, stall, place or shop in this city, whether sold or not, such person, persons or copartnership of persons shall be considered to be meat shop keepers, 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 smoked sausage. (M. C., sec. 1395.) Under 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 there. Such 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 the city: St. Louis vs. Spiegel, 90 Mo. 587 (reversing 16 Mo. App. 210); St. Louis vs. Spiegel, 75 Mo. App. 145 (reversing 8 Mo. App. 478). 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. Hackman, 133 Mo. 634, 644. Sec. 1474. License to contain what—register—transfer. Kvery license shall contain the name of the 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 licenses, and no license shall be *Charter authority for city to establish and regulate: Art. III, 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. July 2, 1907, not at this writing reported). Alta. Vit.) OF REGULATIONS CONCERNING THE SALE OF GAME. 863 transferred, nor the location of the meat shop changed, without the written consent of the license collector, and the approval of the comptroller in- dorsed on said license; provided, that no such transfer shall be made ex- cept for the bona fide successor in business of the holder of such license desired to be transferred. The license shall be and remain during its con- tinuance posted in some conspicuous place in the meat shop. (M. C., sec. 1396.) Sec. 1475. Meat shop—hours on Sunday.—Any meat shop or market may be kept open on Sunday morning until nine o’clock a. m., for the sale of the articles described in section 1473. (M. C., sec. 1397.) See case cited in note to next section. Sec. 1476. License—penalty for keeping shop without.—Any keeper of a meat shop who shall fail, first to obtain any license therefor, or shall fail to keep said license and all transfers thereof posted up in his shop, or shall open said shop or sell therein, any article on a Sunday after nine o’clock a. m., shall be deemed guilty of a misdemeanor, and upon con- viction thereof, be fined not less than twenty-five nor more than one hun- dred dollars for each and every offense. (M. C., sec. 1398.) This section was attacked as unconstitutional on several grounds, but was sustained as valid by the Supreme Court in the recent case of St. Louis vs. Delassus (July 2, 1907, not at this writing reported). See. 1477. Shops to be kept clean.—TEvery person who is duly licensed as herein required shall keep his meat shop or stand properly cleaned and free from all foul smells and nuisances of every description, and on failure thereof shall be deemed guilty of a misdemeanor, and on conviction thereof be fined not less than five nor more than fifty dollars for each offense. (M. C., sec. 1399.) See. 1478. Shops under control of board of health.—All meat shops shall be under the control of the board of health, who shall have power, by a majority of the board, to declare any one of the same a nuisance for a good and sufficient cause, which finding when recorded in their pro- ceedings and a copy thereof served upon the party licensed, shall operate as a canceling of his license and a prohibition of all sales thereunder. (M. C., sec. 1400.) Sec. 1479. Principal of meat shop.—Every person, whether prin- cipal or agent, who transacts the business of a meat shop shall be deemed a principal.as far as the penalties of this article and his liabilities thereto are concerned. (M. C., sec. 1401.) Sec. 1480. Article excludes sausage-makers.—Nothing in this article shall be construed as applying to persons manufacturing sausages, who do not sell or dispose of any other kind of fresh meat; and provided, said persons shall have paid a manufacturer’s license. (M .C., sec. 1402.) ARTICLE VII. OF REGULATIONS CONCERNING THE SALE OF GAME. See. 1481. Game—when not to be exposed or sold.—No per- son shall sell or expose for sale in any market, street, lane, alley, booth, cellar, store, or in any other place in the city, any pheasant, quail or part- ridge, between the first day of January and the first day of October; any woodcock between the tenth day of January and the first day of July; any prairie chicken, grouse or heath hen, or wild turkey, between the first day 864 REVISED CODE OR GENERAL ORDINANCES. [CHAP.’ 16. of February and the fifteenth day of August; any wild buck, doe or fawn, or fresh venison, between the first day of February and the first day of October. (M. C., sec. 1408.) The subject of the sale of game is largely affected by the state game laws which cover the subject: Laws 1905, pp. 159-171, amended, and act in lieu thereof passed Session Laws 1907, pp. 277-285. Sec. 1482. Penalty.—Whosoever shall offend against any of the provisions of this article, by selling or offering 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 vent- 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 upon a failure to pay the same, the mar- shal shall commit the offender to the city workhouse as in similar cases. (M. C., sec. 1404.) ARTICLE VIII. OF REGULATIONS CONCERNING THE SALE OF PERISHABLE ARTICLES. Sec. 1483. What perishable vegetables and fruit to be sold only in original packages at depots.—Receivers of potatoes, onions, cabbage, apples, pears, oranges, lemons, grapes, watermelons, bananas and other perishable goods are prohibited 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. (M. C., sec. 1405.) Sec. 1484. Same—to be sold at regular place of business. It shall be unlawful for those who purchase 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. 1406.) See. 1485. Sale at place received required. - It shall be unlawful for any person 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. (M.°C., sec. 1407.) Sec. 1486. Penalty—exceptions.—Any person violating the pre visions of this article shall, upon 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; provided, that nothing herein contained shall apply to itinerant venders who peddle fruit from baskets arotind and within railroad passen- ger depots and steamboat landings. (M. C., sec. 1408.) CHAP. 17.] OF MAYOR. 865 UCBARLERGL?: OF MAYOR. Sec. 1487. Salaiy.—The mayor shall receive a salary of five thousand dollars per year, payable monthly. (M. C., sec. 1409.) No deduction from the mayor’s salary can be made because he is absent from the city on private business: Bates vs. St. Louis, 153 Mo. 18. o Sec. 1488. Mayor’s secretary, assistant secretary, sten- ographer, page and janitor—tenure.—The mayor is authorized to employ five suitable persons to act as mayor’s secretary, assistant secretary, stenographer, page and janitor, who shall hold office at the pleasure of the mayor and may be removed and discharged by the mayor at any time. (Ord. 22066, amending M. C., sec. 1410.) Sec. 1489. Same—salaries.—The salary of the secretary of the mayor shall be twenty-five hundred dollars per annum; the salary of the as- sistant secretary shall be fifteen hundred dollars per annum; the salary of the stenographer shall be nine hundred dollars per annum; the salary of the page shall be six hundred dollars per annum; the salary of the janitor shall be sixty dollars per month; all of said salaries to be paid monthly. (J0., amending M. C., sec. 1411.) Sec. 1490. Mayor to convene municipal assembly— organiza- tion of new administration.—The mayor shall immediately after an elec- tion issue his proclamation convening the municipal assembly on the Saturday succeeding such election, for the purpose of organizing a new administra- tion and the installation of the officers elect. (M. C., sec. 1412.) Sec. 1491. Municipal assembly to determine who elected mayor—notice of installation of mayor.—The municipal assembly, when so convened, shall proceed to ascertain from the poll books of the several wards and certificates of the judges, who has been elected mayor, and shall give notice to the person elected that on the Tuesday following said Saturday, or on some other day to be designated by the municipal assembly, at twelve o’clock noon, in the chamber of the house of delegates at the city hall, in the presence of the municipal assembly, he will be installed mayor of the City of St. Louis. (M. C., sec. 1418.) Contested election must be in circuit court: State ex rel. vs. Hough, 193 Mo. 615, 640. Sec. 1492. Installation of mayor.—Upon the day designated the municipal assembly shall meet for the purpose aforesaid, when the oath of office prescribed by the charter, shall be administered to the mayor elect. (M. C., sec. 1414.) Sec. 1493. Duties and powers.—The mayor shall from time to time give the assembly information relative to the state of the city, and shall rec- ommend to their consideration such measures as he may deem expedient in the interests of the city, and shall submit with his message to the municipal assembly all annual reports of officers. He shall take care that the laws of the state and the ordinances of the city are respected and enforced within the city and may remit fines, costs, forfeitures and penalties duly imposed 866 REVISED CODE OR GENERAL ORDINANCES. | WEGHAP. 17 for the violation of any ordinance, and shall make a report of the same to the assembly at every session thereof. He shall have power to appoint a competent person or persons to examine the affairs of any department or departments whenever he shall deem it necessary. (M. C., sec. 1415.) This section is a literal repetition of the Charter. Art. IV, sec. 16. Art. BX, sec; 9 Art. VIL, sec./6- Art. “Vi, seca Ls: ART. IV.] OF TREASURER. 1093 returned and credit the “treasurer’s pay-roll account” with the amount paid thereon and charge the treasurer’s general account with the amount re- maining unpaid. The pay-rolls so returned to the auditor shall be filed by him with the respective original vouchers in his office. The amounts re. maining due on pay-rolls shall be entered by the auditor upon a book kept for that purpose, names, sums, account, number and date of the original voucher, and such amounts shall thereafter be paid only by separate war- rants or pay-rolls. During the time the pay-rolls remain in the treasurer’s hands the amounts due on same shali be separately accounted for by said treasurer in his daily reports to the mayor and comptroller. His books shall at all times be open to the inspection of the mayor, comptroller or any mem- ber of the municipal assembly, and he shall furnish an itemized report of the condition of the treasury each day to the mayor and comptroller. He shali give bond for the faithful performance of his duty in the sum of five hundred thousand dollars, with not less than five securities, who shall be holders of unincumbered real estate within the city, to be approved by the mayor and council. The mayor, comptroller and treasurer shall annually select a bank or banking institution which shall give the highest rate of interest for the current deposit of the city’s funds; provided, however, before any deposit shall be made therein by the treasurer the said banks or banking institutions shall give a bond for five hundred thousand dollars, with good and sufficient securities, to be approved by an unanimous vote of the fund commissioners, 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 securities on its bond satisfactory to said commissioners. Provided, however, that unless directed by the mayor and comptroller, the bank offer- ing the highest rate of interest for such current deposits shall be entitied to the first five hundred thousand dollars thereof, the bank offering the next highest rate to the next five hundred thousand dollars thereof, and so on until the amount to be deposited is provided for; and thereafter the treas- urer shall, unless otherwise directed by the mayor and comptroller, draw first against the deposit in the bank offering the lowest rate of interest until such deposit is exhausted, and then next upon the deposit in the bank offer- ing the next lowest rate of interest, and so on drawing against the deposit drawing the lowest rate of interest until it is exhausted, and shall not draw against the deposit in any bank paying a higher rate of interest, until the amount of deposit in the bank paying a lower rate of interest is exhausted ; and when the deposit in a bank so authorized to be drawn upon is exhaust- ed, the treasurer shall not be entitled to draw upon the bank paying the next highest rate of interest until the officers of such bank shall be notified by the comptroller that the fund in such bank is needed and will thereafter be drawn upon; and in making deposits the treasurer shall, unless otherwise directed by the mayor and comptroller, fill up the total amount: to be de- posited in the banks in the order of the rate of interest paid by each, and shall not deposit in a bank pa ying a lower rate of interest until the amount to be deposited in the bank paying the next higher rate of interest shall have received the full amount to be deposited therein. And it shall be the duty of the bank so authorized to be drawn upon, at the close of each day’s business, to mail a statement to the comptroller showing the balance due to the credit of the city at the close of business hours for ‘that Gays) CM On see. 2310.) See Charter, IV, sec. 22 and note thereto. Sec. 2440. Additional rules.—It shall further be the duty of the treasurer: First. To keep in proper books a full and comprehensive ac- count of all moneys received and delivered by him in behalf of the city, representing the time when, and the persons from whom all funds are re- 1094 REVISED CODE OR GENERAL ORDINANCES. (CHAP. 37. ceived as well as the time when, and to whom all moneys are paid out, and on what account all moneys are received and disbursed. Second. To keep a register of all warrants which are received into the treasury redeemed and paid, describing all warrants by their dates, amounts, numbers and the names of the payees, and specifying the time when, from whom and on what account they are received and paid respectively, and all warrants so redeemed and paid shall be canceled by the treasurer. At the close of each day he shall turn the same over to the auditor, together with a list of the same, taking the auditor’s receipt on his cash 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 be filed by the auditor with the vouchers in his office. Third. To settle at the close of each month with the comptroller and auditor all accounts on his books, and to ascertain and state therein the balance of funds in his hands. Fourth. To deposit daily to the credit of the 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 hours, except sufficient currency to meet the necessary expenses during the remainder of the day not exceeding ten thousand dollars. The treasurer shall perform all other duties required of him by law. (M. C., Seer 2oldy) See. 2441. Prohibition from personal use of moneys.—The treasurer is hereby expressly prohibited from paying out or using himself or allowing any one else to use, directly or indirectly, any of the public woueys, warrants, checks, or other evidences of debt in his custody or under his control for any purpose whatever, public or private, which is not au- thorized by law or ordinance, and any violation of the provisions of this section shall cause a forfeiture of his office. (M. C., sec. 2312.) Sec. 2442. Assistant treasurer and other employes—du- ties, ete.—There is hereby created the office of assistant treasurer, who shall act as teller, also the office of paymaster, also the offices of two clerks and one assistant clerk, each of whom shall be appointed by the treasurer subject to the approval of the mayor, 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 paymaster shall have charge of all pay-rolls of the city, and it shall be his duty to receive from the treasurer the amount of money necessary to pay such pay-rolls; all such payments, whenever practicable, shall be made by such paymaster at the treasurer’s office in the city hall; such as cannot be paid there shall be paid by such paymaster at some convenient place near the points at which the persons to be paid are 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 the 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 day at the office of the treasurer. (Ord. 19970, amend- ing M. C., sec. 28138.) This section was again amended by ord. 23084, approved June 25, 1907. ART. is) OF ASS#HSSOR AND COLLECTOR. 1095 Sec. 2443. Treasurer responsible for acts of employes— bonds.—The treasurer shall be responsible for the acts of his subordinate or appointees, and shall require of each subordinate or appointee a bond in such amount as he may deem necessary, conditioned for the faithful per- formance of all the duties pertaining to the position to which he has been appointed. (M. C., sec. 2314, and ord. 19970.) Sec. 2444. Rules as to transaction of business may be es- tablished.—tThe treasurer may establish such rules and regulations for the transaction of business generally in his office, and especially in re- lation to the payment of pay-rolls of the several departments and public institutions as he may deem expedient, subject to the approval of the mayor, not inconsistent with the charter and ordinances. (M. C., sec. 2315.) See. 2445. Horse and buggy allowed office.—One horse and buggy shall be allowed to the office of the city treasurer, to be acquired and maintained at the expense of the city; the purchase price of the outfit, consisting of a horse, buggy and harness, shall not exceed three hundred and seventy-five dollars. (M. C., sec. 2316.) Sec. 2446. Salaries.—tThe treasurer, the assistant treasurer, the pay- master, the two clerks and the assistant clerk shall receive the following salaries: Treasurer, five thousand dollars per annum; assistant treasurer, two hundred doilars per month; paymaster, one hundred and seventy-five dollars per month; two clerks, each one hundred and twenty-five dollars per month; assistant clerk, one hundred dollars per month. (Ord. 19970.) This section is amended by ord. 23084, approved June 25, 1907. CHARTER s38: WATER RATES, DEPARTMENT OF. ART: TI. Of assessor and collector. Il, Of-swimming baths. III. Of water rates. ARTICLE I. OF ASSESSOR AND COLLECTOR.* Sec. 2447. Office assessor and collector created.—There is hereby established and created the office of the assessor and collector of water rates. (M. C., sec. 2318.) See. 2448. Appointment.—The assessor and collector of water rates shall be appointed by the mayor and confirmed by the council, and shall nold his office for the term of four years, and until his successor is duly appointed and qualified. (M. C., sec. 2319.) See Charter, Art. VII, sec. 7. See. 2449. Salary.—The assessor and collector of water rates shall receive a salary of three thousand dollars per annum, payable monthly. (M. C., sec. 2320.) Charter VII, sec. 8. His salary cannot be increased during his term, and the period during which he holds over after his four-year term is considered part of the term, so that a law increasing the salary does not apply to him during such holdover period: State ex rel. vs. Smith, 87 Mo. 158. *Charter provisions: Art. VII, secs: 7-13; Art. IV, secs. 2, 47. 1096 REVISED CODE OR GENERAL ORDINANCES. [CHAP,; 38. Sec. 2450. shall, before entering upon the duties of his office, give a bond in the 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 hundred thousand dollars, to be approved by the mayor and council, conditioned that he will faithfully and punctually collect and pay to the treasurer of the city all moneys due and collectible for and on account of the water works, and revenue derived therefrom, and that he will faithfully perform all the duties of his office, and that he will cause all the ordinances in relation to his office to be strictly enforced. (M. C., sec. 2320 A.) Charter, VII, sec. 8. For a period during which he holds over after his regu- lar term, the sureties are liable on the official bond: Per Black, J., in State ex rel. vs. Smith, 87 Mo. 158, 160, citing Long vs. Seay, 72 Mo. 648, and State ex rel. vs. Kurtzeborn, 78 Mo. 99. Sec. 2451. Deputy—appointment—d uti es—b ond .—The as- sessor and collector of water rates shall have authority to appoint, subject to the approval of the mayor, a deputy, who shall act in his place when absent, and shall at all times act as superintendent of district inspectors, and perform such other duties as may be required of him. He shall give bond 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 enumerated.—The assessor 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 principal clerks, eleven general office clerks, one draughtsman, one meter and hydraulic elevator inspector, eight assistant meter and hydraulic eievator inspectors, one night watchman, and twenty district inspectors who shall also act as turnkeys, and each of said employes shall perform such other work as the assessor and collector of water rates may require of them. (M. C., see. 2322.) For additional employees and their salaries, see infra, sec. 2455; and also ordinance 23000 (enacted after the Revised Code). See. 2453. Principal responsible for acts of employes— assessor and collector of water rates shall be responsible for the acts of his deputy, clerks and other subordinates, and may require for his own protection from any of his employes charged with the collection of money, a bond in the penal sum of ten thousand dollars conditioned for the faithful performance of their duties, and for the paying over of all moneys belonging to the city. (M. C., sec. 2325.) Sec. 2454. Salaries of deputy and clerks.—The appointees of the assessor and collector of water rates shall receive the following com- | pensation per annum in full for their services, payable monthly, to wit: Deputy assessor and collector, twenty-four hundred dollars; cashier, eight- een hundred dollars; principal clerks, each, twelve hundred dollars; gen- eral office clerks, each, one thousand and eighty doliars; draughtsman, twelve hundred dollars; meter and hydraulic elevator inspector, twelve hun- dred dollars; four assistant meter and hydraulic elevator inspectors, each che thousand and eighty dollars; four assistant meter and hydraulic eleva- tor inspectors, each, nine hundred dollars; night watchman, seven hundred ART. I.] OF ASSESSOR AND COLLECTOR OF WATER RATES. 107 and twenty dollars; twelve district inspectors, each one thousand and eighty dollars; eight district inspectors, each, nine hundred dollars. (M. C., see. 2324.) Sec. 2455. Additional employes*—salaries.—In addition to the inspectors and clerks now appointed by the assessor and collector of water rates he shall have authority to appoint the following, to wit: Two assist- ant meter and hydraulic elevator inspectors, who shall each receive the sum of one thousand and eighty dollars per annum; one district inspector, who shall also act as turnkey, and who shall receive nine hundred dollars per annum, and two general office clerks, who shall each receive one thousand and eighty dollars per annum, all of said salaries to be payable in equal monthly installments. (Ord. 20219.) *By ordinance 23000 (enacted after the Revised Code), three additional clerks and inspectors are provided for, at $90 per month, and two inspectors and turn- keys at $75 per month. (See this ordinance set out in Appendix.) Sec. 2456. Duties of assessor and collector.—It shall be the duty of said assessor and collector to collect all revenue due, or to become due, to the city for water, or accruing to the city on account of the water- works thereof, by virtue of any ordinance now existing or hereafter to be passed or otherwise. (M. C., sec. 2325.) Charter y Artaavlilo SG. i. Sec. 2457. Moneys deposited, where—suspension in case of failure.—aAt the close of each day the assessor and collector of water rates shall deposit in the city treasury the revenue and all other moneys collected during the day, taking duplicate receipts for the same, one of which shall be deposited with the comptroller and one with the auditor. Kvery failure in this respect shall be by the treasurer and auditor reported to the mayor, upon which the mayor may suspend or remove said collector. (M. C., sec. 2326.) Charter. Arte VeLieseg sg: See. 2458. Blanks for water license, ete.—It shall be the duty of the register to cause to be printed all bianks for water licenses, tap permit receipts, turn on and other receipts, and deliver the same to the comptroller, and take his receipt therefor. (M. C., sec. 2327.) / See. 2459. Same—comptroller to countersign and deliver. The comptroller shall countersign all blanks received from the register for water licenses, and deliver the same to the assessor and collector of water rates upon his requisition, and take his duplicate receipt therefor, express- ing therein the number of each ciass of license and the aggregate amount of same, one of which he shall file with the auditor. No license or receipt is- sued by the assessor and collector of water rates shall be valid unless countersigned by the comptroller. (M. C., sec. 2528.) Charters Arey Liresecr 0: Sec. 2460. Report to comptroller monthly,—The assessor and collector of water rates shall, on the first day of each month, make to the comptroller a full and complete statement of all collections made by. him; also, the number and face value of each kind of blank licenses and receipts not used by him, which statement the comptroller shall examine and verify. (M. C., sec. 2329.) Charter, Art. VII, sec. 10. 1098 REVISED CODE OR GENERAL ORDINANCES. .[CHAP. 38. Sec. 2461. Annual report to municipal assembly.—lIt shall be the duty of the assessor and collector of water rates to report, through the mayor, to the municipal assembly, at its first stated session in each year, a particular account of the affairs of the department under his charge for the preceding twelve months, together with such suggestions and recom- mendations as he may deem proper. (M. C., see. 2350.) Gharter.2Act; LV seG at: Sec. 2462. Board of health may use’ city water—pro- cedure. —The board of health shall have power, wheneyer in ane opinion it is demanded as a sanitary measure, to issue an order to the water com- missioner for the use of water from the waterworks of the city, in any house or building within the city, and shall cause such order to be made a matter of record in their proceedings, and a copy of said order, signed by the presid- ing officer of the board of “health and attested by the clerk of said board, shall be transmitted to the water. commissioner, who shall immediately, upon the receipt of said order, refer the same to the assessor and collector of water rates, who shall enforce said order as provided in the next suc- ceeding section. (M. ©., sec. 2331.) See Charter, Art. VII, sec. 6, for authority for this and next two succeeding sections. See also Tiefel vs. St. Louis, 42 Mo. 578, 593. Sec. 2463. License to be required as sanitary measure— when—penalt y.—The assessor and collector of water rates may require owners or lessees or agents of tenement houses and other buildings rented to tenants in the city, or in such parts thereof as he is ready to supply with water, to take out license and make the proper connections with the water main for the use of water for such house or building, according to the rates and assessments as fixed by ordinances of the city for the use of water, whenever the board of health shall, by order duly made, declare that the use of water from the waterworks of the city in 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 paid by all such proprietors, owners or lessees or their agents, as well by those who consent as by those who refuse to place in their houses and buildings the water pipe to convey the same, and shall be 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 supply such house or building with-water as aforesaid. Any person or persons having received a notice from the assessor of water rates, as provided for in this section, and who shall or will neglect to comply with the provisions of said notice within five days after the receipt of said notice, shall be deemed guilty of a mis- demeanor, and shall, upon conviction thereof, be fined not less than twenty- five dollars nor more than five hundred dollars, to be recovered for the use of the city before any court or officer having competent jurisdiction. (M. C., sec. 2332.) See /drd. Sec. 2464. When owners shall comply with notice of as- sessor—p enalty.—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 persons, then and in that case it is hereby made the duty of the owner or owners, agent or agents of such houses or buildings, to comply with the pro- visions of the notice of the assessor of water rates, and any owner or owners, agent or agents, failing or neglecting to comply with the provisions ART. TT) AIT.) OF WATER-RATES. 1099 of said motice of said assessor of water rates shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be fined not less than twenty-five dollars nor more than five hundred dollars for the use of the city, before any court or officer having competent jurisdiction; provided that nothing in this and the next two preceding sections shall prevent the accused, on “trial for a violation of any of their provisions, from setting up in defense that the premises complained of were well supplied with good, wholesome water, and proof of said fact shall work a discharge from all pains and penalties of this and the next two preceding sections. (M. C sec. 2333.) ARTICLE OF SWIMMING BATHS. Sec. 2465. Rates for swimming baths.—The water rates for swimming baths or schools, maintained or kept open for public patronage in this city, are hereby established at three hundred dollars for the season, from April first to November first in each year, payable as follows: One hundred dollars on the fifteenth day of June, one hundred dollars on the fifteenth day of July and one hundred dollars on the fifteenth day of August; provided, that in consideration of a faithful compliance with the provisions of the next following section, the said license shall authorize and entitle party to the use of such reasonable quantity of water as may, in the opinion of the water commissioner, be sufficient; and to prevent undue waste of water, a meter shall be used at each establishment licensed hereunder. (M. C., sec. 2334.) Sec. 2466. Charges to patrons, on certain days—penalty. —Every bathing and swimming establishment availing itself of the pro- visions of this article shall upon every Tuesday and Friday during the season charge only ten cents for adult persons bathing or swimming therein, and five cents for persons under fifteen years of age. Any failure on the part of a bathing or swimming establishment to observe Bi SOON Stee of this section shall work a forfeiture of its license. (M. C., sec. 2835.) Sec. 2467. Waste of water—penalty for.—Whenever it shall come to the knowledge of the water commissioner that the proprietor or proprietors of any swimming bath or school is allowing or permitting an undue waste of water, the said water commissioner shall cause the license issued to said swimming bath or school to be immediately revoked. (M. C., sec. 2336.) ARTICLE ITIL. OF WATER RATES.* *Provisions of Charter: Assembly may regulate water rates; how revenue from water rates applied: Art. VII, sec. 11; water rates to be fixed so as to pay current expenses of works and interest on water bonds, and exceptional dis- ecriminations are forbidden: 7%., sec. 12; sale or lease of water works forbidden; fund for payment of interest and principal of water bonds: 7., sec. 13. Payment by a consumer of water under aé_e threat of shutting off the sup- ply unless the fees demanded be paid, is payment under compulsion, even with- out tender of the rightful amount, and the excess may be recovered: Brewing Assn. vs. St. Louis, 140 Mo. 419; Westlake vs. St. Louis, 77 Mo. 47. And such compulsion or duress sufficiently appears, it was held, from a petition which al- leges the plaintiff to be “entirely dependent for its supply of water’ upon the 1100 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 38. city works, coupled with a declaration that the city exacted an illegal charge, which plaintiff paid: Brewing Co. vs. St. Louis, 187 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. Se eaeT coe TOE TA chance Kee Te Ke nth ik ee dele 30 eR MMMM REINIES® ¢. cSt iC eh cE? OL TE ACE ogo pee Oia tras Siete FON She as dow Rosle ao 40 ae PO eR LG tas oe, EY ce crue heh en ein na eee chs BO ea ee Ake Kime 50 PON a gla ba UNA A TE IEA A elie ag aa Sanya tye ot Ale ie A oy ee gO 450 METRE RRC CLEUNIY Delieed, ies og xe AG cats OA ee ave eae Ce tet Cech b 480 ROMP Gr RPAPE IS a eee tN er. CTP ee. 2. Oe ese Vc tale tbe 2 ola 2 % 490 a A? ee CLUE OREM IEE! He oe ot dea Neb e bsg AMT ee Ew we Ghee ee tea cle 8 100 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 NUMBER TWO. Dead load, pounds per square foot. Column ‘‘A.”’ Corresponding live load, pounds per sq. foot. i 2 3 4 AMD G9 Ei 8 oc tj geo, NEO, Ba AP aaa ee Ona ee a 72 103 155 194 1 Pati ah Sy | RE ee A epee 63 93 140 175 SLES ai) SM le yo ANE RAS (hl Ae ee 59 84 126 158 CNY og Oe Se ee 2 A a i AO ae ves 76 114 143 LEG Uta hae 8S eg Eg aoa eM a gr ae cee res 48 69 104 130 ree Beste Ase, Peak oe ean) s Sx ete SE IES ol eo e-e eee 46 64 96 120 cE Ue tn be eae eg a Oe ey a 41 58 87 109 Pate at Se hee ae ah Ces ix Ca ed Re oT 53 80 100 ey ae Se Fee ee Dale Bt ae eS 34 49 74 93 cB RG ee Ee Baa lee ay ate ae en ag 44 66 81 PAL eerie et een etre fe A sia of tae 29 41 62 78 DOE VEL Cre eee oo when Meg NE SE 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 column. For columns carrying more than five floors, the live loads may be reduced as follows: For columns supporting 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 fiber is directly propor- tionate to the distance of that fiber 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 pounds per square inch. All other concrete, two million pounds per square inch. Third, that concrete does not take tension, except that in floor 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. All Other Concretes—Direct compression, 500 pounds per square inch; cross bending, 800 pounds per square inch; direct shearing, 300 pounds per square inch; shearing where secondary tension is allowed, 25 pounds per square inch. 1138 APPENDIX TO REVISED CODE. CHAP, I, ART. IV. BUILDING CODE. STEEL. Medium steel. High elastic limit steel. TENSION eu teee k e ae en eee 14,000 20,000 * The compression in the steel shall be computed from the corresponding com- pression in the concrete, except for hooped columns. The bonding stress between steel and concrete under working load shall not exceed the foliowing for plain steel: For medium steel, fifty 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 working 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 bar 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 working 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 shall have longitudinal steel members so arranged as to make 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 the 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 inch. If a concrete column is hooped with steel near its outer surface either in the 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, then the strength 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-enforeement 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 same 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 flat 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 inch around the entire column shall be neg- lected. For flat slabs continuous over two or more supports and uniformly 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 twa 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 April 1st, 1907. aT ee rn eee APPENDIX TO REVISED CODE. 1139 CHAL. VT. FIRE DEPARTMENT. * CHAPTER VI. FIRE DEPARTMENT. (ORDINANCE 22809.) Fire Department.—An ordinance to repeal Ordinance Number 22278, ap- proved March 5, 1906 [R. C., secs. 285, 287], and to enact a new ordinance in lieu thereof, in relation to the Fire vepartment. Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: Section One. Ordinance Number 22278, approved March 5, 1906, is hereby repealed, and the following new sections are hereby enacted in lieu thereof; to be known as Sections 296 and 298, respectively. [R. C., secs. 285, 287.1 Section 296. The Fire Department shall consist of a Chief, one First Assist- ant Chief and eleven District Assistants, one Secretary, one Assistant Secretary, one Master Mechanic, two Hostlers, for Horse Hospital, and such num- bers of Engineers, Captains, men and employes as are herein provided. Each company located in the district bounded south by Park avenue, north by Howard street, west by Jefferson avenue and east by the river shall consist of one Captain, one Lieutenant and one Engineer, one Fireman, two Drivers and six Pipe- men. Each company located in any of the territory not included in the district above bounded shall consist of one Captain, one Lieutenant, one Engineer, one Fireman, two Drivers and three Pipemen. All Hook and Ladder companies in the district bounded above shall consist of one Captain, one Lieutenant, one Driver and eight men, and all hook and ladder companies outside of said district shall consist of one Captain, one Lieutenant, one Driver and seven men. There shall be one Watchman for each engine house in the city, and whenever there are double or adjoining houses used by the department, the Watchman’s duty shall extend there- to. The Watchmen shall be disabled or old firemen, if there be such in the depart- ment. There shall be two Firemen in the service of the Fire Department, to be stationed at each of the following institutions: City Hospital, Emergency Hospital Number Two, Insane Asylum, Poorhouse, Hospital for Females and St. Louis In- dustrial School. One of the two men so designated and stationed at each of said institutions shall be on duty during the day and the other during the night, so that one man shall be on duty at all times. There shall be two men to each fuel wagon necessary. The Master Mechanic shall have at least three years’ experience in the St. Louis Fire Department, and shall have been a resident of the city at least five years, and shall be a licensed engineer of the city and a practical’ me- chanic. The Master Mechanic shall have charge of the repairs of all apparatus of the Department, and shall see that same is kept in perfect order. Section Two Hundred and Ninety-eight. The First Assistant Chief shall re- ceive as full compensation for his services the sum of One Hundred and Seventy- five Dollars per month. The eleven other assistants shall receive for their services the sum of One Hundred and Sixty-six Dollars and Sixty-six Cents per month, and all other assistants shall have at least three years’ experience in the St. Louis Fire Department, and have been a resident of the city for at least five years. The Sec- retary shall receive as full compensation for his services the sum of One Hundred and Fifty Dollars per month. The Assistant Secretary shall receive as full compen- sation for his services the sum of One Hundred and Fifteen Dollars per month. The Master Mechanic shall receive as full compensation for his services the sum of One Hundred and Sixty-six Dollars and Sixty-six Cents per month. Captains of each company shall receive as full compensation for their services the sum of One Hundred and Fifteen Dollars per month. Lieutenants of each company shall re- ceive as full compensation for their services the sum of One Hundred and Five Dollars per month. Engineers shall receive as full compensation for their services the sum of One Hundred and Ten Dollars per month. All other members of the Department, except Hospital Firemen, Watchmen and Hostlers, shall receive as full compensation for their services the sum of Ninety-five Dollars per month, pro- vided, however, that new men appointed to the department shall, for the first six months’ service, receive Seventy Dollars per month, and for the second six months Eighty Dollars per month. Hospital Firemen shall receive as full compensation for their services the sum of Highty 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 department, if 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 month. Section Two. This ordinance becomes effective on and after May first, Nine- teen Hundred and Seven. Approved February 18, 1907. CHAPTER X. HARBOR AND WHARF DEPARTMENT. ARTICLE I. REGULATIONS AND OFFENSES. (ORDINANCE 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. Louis. 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. (ORDINANCE 22810.) Assistants to City Bacteriologist.—An‘ ordinance authorizing the appointment i. two laboratory assistants in the office of the City Bacteriologist. [R. C., sec. 75a.] 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 18, 1907. APPENDIX TO REVISED CODE. | 1141 CHAP. XI. HEALTH DEPARTMENT. (ORDINANCE 22561.) Snodgras Laboratory.—An ordinance authorizing the establishment of the Snodgras Laboratory of Pathology and Bacteriology on the property of the City of St. Louis, in City Block Twelve Hundred and Fifty-two, and adjoining the City Hospital, and making appropriations for the equipment of the same. Be it Ordained by the 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 Block 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, Autopsy Room ea Chemicals and Supplies, and Furniture, the sum of fifteen thousand ollars. ; 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 ANIMALS, OF GARBAGE AND OFFAL. (ORDINANCE 22580.) Disposal of Dead Animals.—An ordinance to amend sections 665, [R. C., sec. 676], 666 [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. — ections 665)[£R. Cy sec 676], 666 [R:,C., see: 677], and 673 [R. C., sec. 684], of “The Municipal Code of St. Louis’? are hereby amended by striking out said 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 time when reported. Sec. 666. The aforesaid book shall at all times be open to the inspection of the public, and any person may report the existence of any carcass or remains 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 hours or daylight time 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, 1906. 1142 APPENDIX TO REVISED CODE, CHAP. XI. HEALTH DEPARTMENT. ARTICLE XV. OF REGULATIONS CONCERNING MEDICINE AND SURGERY AND MIDWIFERY (ORDINANCE 23001.) 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 by the Municipal Assembly of the City of St. Louie, as follows: 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 inserting in lieu thereof the word ‘“‘seventy-five,”’ so that said Section Number 738 will read as follows: Sec. 738. [R.C., sec. 715..]——Nurses—Rules of selection of.—A1l 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 specified 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 preceding 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 April 1, 1907. (ORDINANCE 22998. ) Regulation of Private Hospitals, Lying-In Institutes, Foundling Establish- ments, etc.—‘‘An ordinance to regulate hospitals, sanitariums, lying-in establish- ments, lock hospitals, 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 follows: 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 partnership, a corporation, and any or all of the officers, managers or board 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, 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, 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- Board ‘to grant to the applicant therein named permission and authority to establish, main- tain, operate and conduct the kind of institution therein described, which applica- tion shall contain the following information: First, the name or names of any Oo ae SR | APPENDIX TO REVISED CODE. 1143 CHAP. XI. HEALTH DEPARTMENT. and all persons who are to control, operate or manage such institution, including the matron, superintendent, resident physician or surgeon, medical staff, including any and all physicians or surgeons who are in any manner connected or identified with such institution; also the names of any midwives attached to or connected with the institution, and if a corporation, then also the names of the officers and board of directors thereof. Second, the location of the proposed institution and the name under which said institution will be operated or conducted. Third, the size and dimensions of the building or buildings, and the number of rooms in such building. Fourth, the maximum number of patients that the institution can prop- erly accommodate. Fifth, whether any business is or will be conducted or operated in the same building or buildings or on the same premises, and if so, what other business. Sixth, a written statement from each member of the medical staff, the resident physician or surgeon, superintendent and matron, certifying that he or she will serve on the staff of said institution as stated by the applicant in the appli- cation for such permit. Sec. 3. Upon the filing of such application the Health Commissioner shall cause the building or buildings, and premises, to be thoroughly examined and in- spected, but no building shall be used for any of the purposes herein specified which does not, among other things, conform to the following requirements: Every room, including water closet compartments and bathrooms, shall have at least one window opening directly upon the street or upon an areaway, a yard or court; the total area of the windows in such room shall be at least one-eighth of the super- ficial area of the room, and one-half of the sash shall be made to open full width. If, as a result of such examination, it shall be found that the building or buildings and premises conform to the requirements of this ordinance and the Health Com- missioner shall be of opinion that the building or buildings and premises are in all other respects in a sanitary condition, that the statements made in the application for a.permit are true and that the applicant is a person of good character, he shall refer such application to the Board of Health for its action, with his report and in- dorsement thereon. Sec. 4. In all cases in which the Board of Health shall act favorably upon any application, it shall issue a permit authorizing the person named therein to establish, maintain or conduct an institution of the kind described in the applica- tion for such permit, under the name and at the place designated in such applica- tion, for the period of one year from the date thereof, which permit shall be sub- ject to revocation by the Board of Health at any time for any of the causes herein specified. Said permit shall not be transferred by the person to whom it is issued without the consent and approval in writing of the Board of Health, and any trans- fer or attempted transfer thereof, or any change in the name of such institution, or change in the management or managers of such institution, or the location of such institution without the approval of the Board of Health in writing, shall render such permit absolutely void and cause the immediate forfeiture of such permit and of all rights thereunder to establish, maintain, operate or conduct any such institution within the limits of the City of St. Louis. Every person who se- cures a permit from the Board of Health to establish, maintain, operate or conduct any institution described in this ordinance shall immediately notify the Health Commissioner of any change in the medical staff, resident physician or surgeon, superintendent, midwives or matron, attached to or connected with such institution. Sec. 5. Any and all hospitals, sanitariums, lying-in establishments, lock hos- pitals, homes, retreats or other places, or like or similar institutions, intended for the boarding, lodging, nursing or care of the sick, or such other 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, shall keep a physician, licensed to practice medicine and surgery in the State of Missouri, and who is actively engaged in the practice of medicine and surgery, resident therein. Sec. 6. Any person who shall establish, maintain or conduct any hospital, sanitarium, lying-in establishment, lock hospital, retreat, home or 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 in- firmities or ailments of any kind whatsoever, or pregnant women, or an institution for the care of orphans, vagrant or destitute children, a foundling home, or a dis- pensary, in the City of St. Louis, after the passage and approval of this ordinance without first having obtained a permit from the Board of Health so to do; or any person who shall continue to maintain, operate or conduct any such institution or place after the Board of Health shall have revoked the permit so to do previously issued to such person; or any person to whom a permit shall have been issued to establish, 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 other 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, lock 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 viviation of this ordinance. See. 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. See. 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 women, 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 such institution or place. Approved April Ist, 1907. ARTICLE XVI. OF CITY. HOSPITAL: (ORDINANCE 22935.) Nurses at City Hospital.—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. Louis. 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- APPENDIX TO REVISED CODE. 1145 CHAP. XII. OF HIGHWAYS. vising nurses, each of whom shall be graduated trained nurses, and shall be paid fifty dollars per month, and shall perform duties which shall be defined 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. CHAPTER XII. OF HIGHWAYS. | ARTICLE II. CONSTRUCTION AND PREVENTING OBSTRUCTIONS. (ORDINANCE 22885.) Temporary Occupation of Streets, etc.—An ordinance to amend the third para- graph of Section Number 925 of the Municipal Code of St. Louis, as amended by Ordinance Number 21394 [R. C., sec. 928], in relation to the occupancy of streets and sidewalks with building materials. Be it Ordained by the Municipal Assembly 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 purpose 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, firm 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 duty of any person, firm or corporation 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 operationgy and at the expiration of the time stipulated in said permit, which shall not exceed the time 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 all 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 fire 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, firm 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- 1146 APPENDIX TO REVISED CODE. CHAP ATE ART OLE 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 Jong 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 safe 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 approaches 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 inclosing 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. It 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 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 abutting upon the site of the proposed building is first obtained and filed with the Street Commissioner, the permission to occupy 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 APPENDIX TO REVISED CODE. 1147 CHAP. XII, ART. VIII. HIGHWAYS. required by this section, to the satisfaction of the Street Commissioner. The Presi- dent of the Board of Public Improvements shall certify said voucher to the Auditor who thereupon shall 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 his receipt in full of all claims against the city on account of said payments. Approved March 13th, 1907. ARTICLE VIII. OF CITY LIGHTING’ AND LIGHTING PLANTS. (ORDINANCE 22878.) Contracts for Electric Lighting of Public Buildings.—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 out of which the cost thereof shall be paid, and repealing Ordinance 19914, approved January 16, 1900. Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: 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- cationg 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 on insane asylum grounds, female hospital and buildings on female hospital grounds, poorhouse and buildings on poorhouse grounds, Four Courts and buildings on same block, new city hall, city buildings Number Twenty-three Hun- dred Twenty-two Clark avenue and city buildings on same lot; Forest Park build- ings, including Lindell Pavilion, park department stables and observatory; water department buildings, including pumping 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 pipe yard at Taylor avenue and Duncan avenue, Union Market and Soulard 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 Four North Grand avenue, while occupied and used by the city; Health Department buildings Number Thirty-five Hundred Sixty-four South Broad- way and Thirty-six Hundred Highteen North Broadway, while occupied and used by the city; temporary city hospital and buildings, on temporary city hospital grounds, while occupied 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 August Thirty-first, Nineteen Hundred 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 city limits, the south line of Washington avenue and the same produced to the western city limits and the Mississippi river. Sec. 4. 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 furnished at the main branch block in the buildings designated at one hundred ten volts. See. 5. The amount of the bond required under all contracts let under this ordinance shall be the full estimated amount to 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. ry Sec. 7. Ordinance 19914 is hereby. repealed. Approved March 13, 1907. 1148 APPENDIX TO REVISED CODE, CHAP. XIII. JUDICIAL DEPARTMENT. CHAPTER XIII. JUDICIAL DEPARTMENT. ARTICLE VIII. JUVENILE COURT AND OFFICERS. (ORDINANCE 22540.) Sec. 1. Building in Connection with Juvenile Court—Detention of Juveniles— Superintendent, Matron, etc., Appointed—Duties—Salary—Bond—Requisitions— 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 follows: 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 one 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 per 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 out 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, 1906. APPENDIX TO REVISED CODE. 1149 CHAP. XIV. CITY COUNSELOR. CHAPTER XIV. LAW DEPARTMENT. ARTICLE II. OF CITY COUNSELOR. (ORDINANCE 23038.) An ordinance to amend Sections 1282, 1285, 1286, 1290, 1291 and 1296 of the Mu- nicipal Code of St. Louis in relation to the Law Department, as amended by Ordi- nance 20757, approved July 2, 1902, and entitled ‘‘An ordinance to amend Sec- tions 1282, 1285, 1286, 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 Department, by striking out the same and enacting new sections in lieu thereof. Be it ordained by the Municipal Assembly of the City of St. Louis [R. C., secs. 1352, 1855, 1357, 2060, 166151865. 1866, 1367, 1371, 1972], as follows: Section 1. Sections 1282, 1285, 1286, 1290, 1291 and 1296 of the Municipal Code ot 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 qualifications prescribed by Section Ten of Article Four of the Charter, the Associate 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 per month for ex- penses in the discharge of duties that may be assigned to him, and said salary and expense money shall be paid monthly. Section 1292: Each 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 condemnation 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, keep 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 progress of street openings, procure the investigation of titles and the prepara- tion of suitable piats and blue prints in street opening proceedings, keep 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 interested, make lists of assignments and settings of cases, make preliminary examinations of all bonds and contracts which are to be submitted to the department, attend to telephone, run errands, assist in the investigation of any question of law or of fact submitted to the department, assist in the preparation of briefs, motions, plead- ings, bills of exceptions, and other legal papers and documents, and perform all such other duties as may be assigned to them by the City Counselor. Section 1297: The Stenographers shall perform all services usually incident to such posi- tions, and shall also perform such other duties as may be required by the City Counselor. Approved April ist, 1907. 1150 APPENDIX TO REVISED CODE. CHAP. XV-XVITI. LEGISLATIVE DEPT.—MISDEMEANORS. CHAPTER XV. LEGISLATIVE DEPARTMENT. ARTICLE II. OF ORDINANCES. (ORDINANCE 22594.) The Revised Code.—An ordinance in relation to ‘‘The Revised Code of St. Louis’’ and making reference to sections therein by number sufficient. [R. C., sec. 1414.] Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: Section 1. In all official reference to any provision or provisions of the gen- eral ordinances, embodied in ‘“‘The Revised Code of St. Louis,’ after said Code shall have been adopted legally, as provided in Ordinance Number Twenty-two Thousand and Forty-six, approved June Twentieth, Nineteen Hundred and Five, it shall be sufficient to refer to said provision or provisions by section number, as the reference may require, of ‘‘The Revised Code of St. Louis.’”’ Approved October 15th, 1906. CHAPTER XVIII. MISDEMEANORS. | ARTICLE Il. OFFENSES AFFECTING PUBLIC ORDER AND PEACE. (ORDINANCE 22564.) Throwing Confetti, Flour, etc.—An ordinance to amend Chapter Eighteen of the Municipal Code by adding a new section, to be known as Section Number Four- teen Hundred and Fifty-nine A. [Rev. Code, sec. 1537a.] Be it Ordained by the Municipal Assembly of the City of St. Louis, as foilows: Section 1. Chapter Eighteen of the Municipal Code is hereby amended by adding a new section, to be known as Section Fourteen Hundred and Fifty-nine A [R. C., sec’ 153%a], as follows: Sec. 1459a. Any person who, in this city, shall ev the public streets or high- ways or in the public parks, or other places where the public congregate, toss at or throw upon any one any quantities of flour or confetti,-or any other substance, shall be deemed guilty of a misdemeanor, and on conviction thereof, before either of the Police Justices of this city, shall be fined not less than Five Dollars nor more than Twenty-five Dollars for each offense. Approved Oct. 2, 1906. CHAPTER XXIl. PLUMBING AND DRAINLAYING. (ORDINANCE 23007.) Plumbers.—An ordinance to promote the public health; to create a Board of Examiners of Plumbers; to define the powers and duties of said board; to fix their term of office and compensation; to require the examination and registration of plumbers, and prescribing penalties for the violation of the ordinances relating to plumbing; to amend Sections Sixteen Hundred and Highty-nine and Sixteen Hun- dred and Ninety-seven of Chapter Twenty-two of the Municipal Code. [R. C., secs. 1788 and 1796.] APPENDIX TO REVISED CODE. 1151 CHAP. XXII. PLUMBING. Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: Section 1. Board of Examiners of Plumbers: There is hereby created a Board of Examiners of Plumbers. The Mayor shall appoint one master or employ- ing plumber and one journeyman plumber, each of whom shall be a citizen of the United States and the State of Missouri, and a residént of the City of St. Louis for at least three years next before his appointment, and who shall have been actively engaged at the trade or business of plumbing for not less than five years, which two members, together with the Supervisor of Plumbing, who shall be chairman ex-officio, shall constitute the said Board of Examiners of Plumbers. Sec. 2. Term of office and compensation. The members of the Board of Examiners of Plumbers shall hold their office for the term of four years and until their successors are duly appointed and qualified. They shall, except the Super- visor of Plumbing, receive a salary of Twenty-five Dollars each per month, payable monthly. Sec. 3. Board to adopt rules, and ete. It shall be the duty of the Mayor to provide suitable quarters for the use of said board, and within ten days after this bill becomes an ordinance the Mayor shall notify said board to meet and organize) and when so notified said board shall meet, organize and adopt rules to carry into effect the provisions of this ordinance, and designate the time of meeting for the examination of applicants for plumbing license. Said board shall meet once each month, or oftener, as necessity requires, for the examination of any applicant or applicants for license as plumbers, or to hear and determine any charges which may be made against any master or journeyman plumber, or for the transaction of arly other business by the board. Sec. 4. Secretary, duties. The clerk to the Supervisor of Plumbing shall be secretary of the Board of Examiners of Plumbers, and shall be required to execute a bond to the City of St. Louis in the sum of One Thousand Dollars, to be approved by the Mayor. He shall keep a full and complete record of the proceedings and acts of said board; he shall register in a book to be kept by him for that purpose the name and residence and place of business of every licensed person, firm or cor- poration engaged in or working at the business of plumbing in the City of St. Louis; he shall provide all applicants for license application blanks and shall receive and file the same with the board when filled out by the applicant. He shall account to the board for all moneys received by him as secretary thereof. Sec. 5. Qualifications of licensees, ete. Upon satisfactory proof of the qualifi- cations and fitness of the applicant for plumbing license, the Board of Examiners of Plumbers shall thereupon issue to such applicant a certificate of qualification, which shall entitle the person named therein to engage in or work at the business of plumbing, as master or employing plumber or journeyman plumber, for the period of one year. No person shall be entitled to obtain from said board a certificate of qualification as master or employing plumber or as journeyman plumber, except as in this ordinance otherwise provided, who shall not have first passed a satisfactory 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 shal} 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 Board of Examiners of Plumbers. Every such person, firm or corporation so regis- tered shall notify the Supervisor 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 Board of Examiners of Plumbers of any other city within this state, and desiring to engage in the business of plumbing in the City of St. Louis, upon presentation of such license the Board of Examiners 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. Examination 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. All fees so paid to the secretary shall be paid by him to the Treasurer of the City of St. Louis. Each license issued by said board shall be renewed annually upon the payment to the secretary of said board of a fee of One Dollar. 1152 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 1689 amended. Section 1689 of Chapter Twenty-two of the Municipal Code is hereby amended by striking out of the fourth line thereof the words ‘ ylumbing 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 1689. 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 ape 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- APPENDIX TO REVISED CODE. 1153 CHAP. XXITA. PUBLIC RECREATION. vided, and shall, within ten days after the finding or decision of the Board of Examiners of Plumbers appealed from shall have been made, file with said Board of Public Improvements his petition stating wherein he had been prejudiced or aggrieved by the finding or decision of said Board 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 Board of Examiners of Plumbers. Third. Whenever any person shall have complied with the provisions of Clause Two of this section it shall be the duty of the Board of Public Improvements, within twenty days there- after, to examine into and determine said appeal, and if said board be of the opinion that a correct determination of appellant’s complaint can not be had without the aid or advice of the Board of Examiners of Plumbers, they shall call said Board of Examiners of Plumbers before them to aid them in determining said appeal, and said Board of Examiners of Plumbers, when nofified that their aid and advice are required by the Board of Public Improvements, shall appear before said board and assist in the determination of said appeal. Fourth. The Board of Public Improvements shall certify to the Board 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 Board 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. PUBLIC BATHS AND PLAY-GROUNDS—PUBLIC RECREATION COM- MISSIONER. (ORDINANCE 22869.) Public Recreation 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 by 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-:commission of five mem- bers. The Park Commissioner of the City of St. Louis shall be, ex-officio, 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 serve 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 play grounds or recrea- tion buildings or baths, who, when working half days, shall receive salayies not exceeding Forty-five Dollars per month. Working whole days, salaries not ex- ceeding Seventy-five Dollars per month. Sixth. Janitors, custodians and matrons 1154 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 and 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. See. 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 Mullanphy 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- nance 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 Number 21796, and thereupon the Park Commissioner shall be discharged from the duties imposed upon him under said ordinance. Approved March 11th, 1907. : CHARTER ats PUBLIC CARRIERS AND LICENSING OF VEHICLES. ARTICLE II. RATES OF LICENSES. (ORDINANCE 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: TR. C.; sec, 1814]; 714 [RUC seccLsis 1s 191.5 (agramendeneny Ordinance Number’ 22673)" Riv Covsee es22), anda ieould. 1C .escemisno) ean 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 1718 (as amended by : Ordinance Number 22673) and 1726, and by substituting and inserting in lieu thereof rew sections, bearing the same numbers, as follows: Sec. 1710. [R. C., sec. 1814.] Registered Number, How Kept—Penalties.— 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 shall 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 for 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- ee Woe ee ee a ne ae capadeg fer «Gee APPENDIX TO REVISED CODE. 1155 CHAP. XXIII. LICENSES. ing 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 mis- demeanor, and upon conviction the owner of the vehicle shall be fined 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 person taking out a 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 either 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 complied with the provisions ot this article, and in accordance therewith paid his license under said classification, shall be permitted to place the number cf said license upon the harness of the horse or horses intended to be used in connection with said vehicle, and a registered num- ber of a higher grade may be used on or for a vehicle taxed for a less amount by the same person; and provided, further, that all vehicles kept at hotels for the 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. 1714. Additional Bond Required.—W henever application is made to the License Commissioner by the owner of any baggage wagon or hackney ‘carriage for a license, and bond shall have been given by such person as provided in the preceding section, the License Commissioner shall, before issuing the license to such person, certify to one of the Police Justices the name of the person applying for the license, the kind of the vehicle and the number thereon, and such person shall enter into additional bond with good and sufficient security to be approved by the Police Justice, in a sum not less than one hundred dollars, conditioned that he will strictly observe and abide by all requirements, provisions and pen- alties of this article, and the Police Justice after approval thereof shall transmit said bond to the License Commissioner, who shall file the same in his office, whereupon the License Commissioner may issue the license to such person.-—(a.) (a) [Note.] 7Zhzs section was repealed by a former ordinance: see note ta sec. Rev. Code, sec. 1818. Sec. 1718. [R. C., see. 1822.] Vehicles—What Lights to be Exposed On. Every 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. All 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. m. and five a. m. A 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. Set: bine. PRe C.. sec. 13350. ] Posting Rates in Carriages, Etc. The owner or driver of any hackney carriage, or other vehicle used for the transpor- tation of persons for hire, shall keep on the inside of each carriage or vehicle 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 rates shall be roman type not less in size than that known as double primer, 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. Sec. 2. Hackney Carriage Defined.—Article Two of Chapter Twenty-three of the Municipal Code is hereby further amended by adding thereto a new section to be known as Section 1739 A [R. C., sec. 1843a], as follows: Section 1739 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 ecar- riage kept by a livery firm for private use or for private orders only. Approved March 18th, 1907. 1156 APPENDIX TO REVISED CODE. CHAP. “S-XTIT. , VEHICLES. (ORDINANCE 22673.) Vehicles—Signal Lights.—An ordinance to amend Section 1718 of the Mu- nicipal Code of.the City of St. Louis [R. C., sec. 1822] in relation to signal lights on vehicles. Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: Section 1. Amend Section 1718 of the Municipal Code [R. C., sec. 1822] by striking out said section and inserting in lieu thereof the following: See. 1718. Vehicles—What Lights to be Exposed. On every hackney car- riage, cab cr cabriolet, when driven in the night, shall have [be] fixed cn some con- spicuous 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. All 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. m. and five a. m. A fine of not less than five nor more than twenty-five dollars shall be as-- sessed for a violation of any of the provisions of this section. Approved November 15, 1906. ‘CHAPTERSXXYVIT: RECORDER OF DEEDS. (ORDINANCE 22883.) Recorder of Deeds—Employes.—An ordinance to repeal Ordinance Number 21569, entitled “‘An ordinance to repeal Sections 1937 and 1938 of the Municipal Code of St. Louis, and to enact two new sections in lieu thereof, to be known as Sections 1937 [R. C., sec. 2054], and 1938 [R. C., sec. 2055], respectively, in re- lation to the Recorder of Deeds, approved September 26, 1904, also Ordinance 15107, entitled ‘“‘An ordinance amendatory of Chapter Thirty-five of an ordinance in revision of the ordinances of the City of St. Louis and to establish new ordinance provisions for the government of said City, approved April 12, 1887, as amended by Ordinance Number 14341, approved March 6, 1888, in relation to the Recorder of Deeds, approved June 26, 1889, and also Sections 1940 of the Municipal Code of St. Louis, and to enact in lieu thereof two new sections to be known as Sections 1937 and 19388, respectively, in relation to the Recorder of Deeds. Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: Section 1. Ordinance Number 21569, entitled “An ordinance to repeal Sections 1937 and 1938 of the Municipal Code of St. Louis, and to enact two new sections in lieu thereof to be known as Sections 1937 and 1938, respectively, in relation to the Recorder of Deeds, approved September 26, 1904, and Ordinance Number 15107, entitled ‘““An ordinance amendatory of Chapter Thirty-five of an ordinance in revision of ordinances of the City of St. Louis, and to establish new ordinance provisions for the government of said City, approved April Twelfth, 1887, as amended by Ordinance 14341, approved March 6, 1888, in relation to the Recorder of Deeds, approved June 26, 1889, and section 1940 of the Municipal Code of St. - Louis are hereby repealed and the following two new sections are hereby enacted in lieu thereof, to be known as Sections 1937 and 1938, respectively. ; Sec. 1937. [R.C., sec. 2054.] The Recorder shall receive a salary of Four Thousand Dollars per annum, he shall collect all fees as prescribed by law, and pay the same into the City Treasury daily. He is authorized to appoint the fol- lowing deputies, clerks and assistants: One Chief Deputy and six deputies, one of whom shall be known as releasing deputy; one marriage license clerk, one assistant marriage license clerk; each of the above employes shall be empowered to administer oaths; one superintendent of index, folio department, one competent draughtsman, eight comparers, two indexers, ome delivery clerk, two janitors, one ee a eee ee a ae, ee ee oe APPENDIX TO REVISED CODE. 1157 CHAP. XXVII. RECORDER OF DEEDS. watchman of records; one marriage indexer, who shall be a competent stenog- rapher, and such recording clerks in folio department as the business of the de- partment may require. Sec. 1938. The above-named employes shall receive in full payment for their services the following salaries: The chief deputy two hundred dollars per nyonth; the deputies each one hundred and twenty-five dollars per month; the superin- tendent of index and folio department one hundred dollars per month; the draughtsman one hundred dollars per month; the comparers each ninety dollars per month; the indexers each one hundred dollars per month; the delivery cterk seventy-five dollars per month; the janitors each fifty dollars per month; the watchman of records fifty dollars per month; the marriage license clerk one hun- dred dollars per month; the assistant marriage license clerk seventy-five dollars per month; the marriage indexer seventy-five dollars per month; the recording clerk shall be paid at the rate of five cents per folio of one hundred words. The number of recording clerks shall not exceed ten unless the increase of business of the office renders additional recording clerks indispensable, and all recorder clerks in excess of ten shall be appointed only with the approval of the Mayor. Approved March 13th, 1907. CHAPTER XXIX. OF ASSESSMENT OF PROPERTY. ARTICLE I. BOARD OF ASSESSORS. (ORDINANCE 22930.) Assessment Districts.—An ordinance to amend Sections 1968, 1969, 1970, 1971, 1972, 19738, 1974, 1975,,1976 and 1977, of the Municipal Code of the City of St. Louis [R. C., secs. 2085 to 2094], in relation to assessment districts. Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: SeclU ele mecliNus J90S, tensed Ot). LOTS) TOTS. 1974, 1975. 1976 and 1977, of the Municipal Code are hereby amended by striking out said sections and inserting in lieu thereof the following: Sec. 1968. First District. Shall embrace all that territory bounded on the north by Cherokee street from the Mississippi river to Grand avenue, and Mc- Donald avenue from Grand avenue to Morganford road and Fyler avenue from Morganford road to center line of River des Peres and Piccadilly avenue from center line of River des Peres to City Limits of Highteen Hundred and Seventy- six. East by the Mississippi river and south and west by City Limits of Eighteen Hundred and Seventy-six. ; Sec. 1969. Second District. Bounded on the north by Trudeau street and North Trudeau street from Mississippi river to Broadway and Shenandoah ave- nue from Broadway to Tower Grove avenue, thence south along east line of Tower Grove avenue to south line of Magnolia avenue; thence west along Magnolia ave- nue to King’s Highway boulevard, thence south along King’s Highway boulevard to Fyler avenue; on the south by the north boundary of the First District from Mississippi river to King’s Highway boulevard; on the east by Mississippi river. Sec. 1970. Third District. Bounded on the south by the north boundary of the Second District, on the north by Miller street from Mississippi river to Breoad- way and Park avenue from Broadway to west line of Tower Grove avenue, thence north along west line of Tower Grove avenue to Manchester avenue, thence west along Manchester avenue to King’s Highway boulevard, west by King’s Highway boulevard, east by the Mississippi river. Sec. 1971. Fourth District. Bounded on the south by north boundary of the Third District, on the north by Market street from Mississippi river to junc- tion of Market street with Laclede avenue, thence west along Laclede avenue to Taylor avenue, west by Taylor avenue and east by Mississippi river. Sec. 1972. Fifth District. Bounded south by north boundary of Fourth Dis- trict, on the north by Lucas avenue from Mississippi river to Grand avenue and Delmar boulevard from Grand avenue to Taylor avenue, on the east by Mis- sissippi river, on the west by Taylor avenue. 1158 APPENDIX TO:REVISED CODE. CHAP. “XA ASSESSMENT OF PROPERTY. Sec. 1973. Sixth District. Bounded on the south by north boundary of Fifth District, on the north by Mullanphy street from Mississippi river to Broad- way and Cass avenue from Broadway west to its junction with Haston avenue, thence west along HBaston avenue to Taylor avenue, on the east by Mississippi river, on the west by Taylor avenue. Sec, 1974. Seventh District. Bounded on the south by north boundary of Sixth District, on the north by St. Louis avenue from Mississippi river to Tenth street, Hebert street from Tenth street to Prairie avenue and Ashland avenue from Prairie avenue to Taylor avenue, on the east by Mississippi river, on the west by Taylor avenue. Sec. 1975. Eighth District. Bounded- on the south by north boundary Ole Seventh District and Natural Bridge road from Taylor avenue to City Limits of Highteen Hundred and Seventy-six, on the east by Mississippi river, on the north and west by City Limits of Eighteen Hundred and Seventy-six. See. 1976. Ninth District. Bounded on the north by Natural Bridge road from Taylor avenue to City Limits of Eighteen Hundred and Seventy-six, east by Taylor avenue from center line of Lewis place to Natural Bridge road, on the south by center line of Lewis place from Taylor avenue to Walton avenue and Fountain avenue from Walton avenue to King’s Highway boulevard, Cabanne avenue from King’s Highway boulevard to Union boulevard, Maple avenue from Union boulevard to City Limits of Highteen Hundred and Seventy-six, and west by City Limits of Highteen Hundred and Seventy-six. Sec. 1977. Tenth District. Bounded on north by south boundary of Ninth District, east by west boundaries of Districts Two, Three, Four, Five and Six; south by north boundary of First District from King’s Highway boulevard to City Limits of Eighteen Hundred and Seventy-six, and west by City Limits of Highteen Hundred and Seventy-six. Approved March 21st, 1907. CHAPTER XXXI. SUBJECTS AND OBJECTS OF LICENSES. ARTICLE IV. OF DRAMSHOPS. (ORDINANCE 22868.) Dramshops—Saloons Near Certain Parks Prohibited.—An ordinance to re- peal Section 2037 of the Municipal Code of the City of St. Louis, relating to the establishment and location of saloons, and to enact in lieu-thereof a new section, to be known as Section 2037. Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: Section 1. Section 2037 of the Municipal Code of the City of St. Louis is hereby repealed. Sec. 2. The following section, to be known as Section 2037, is hereby enact- ed in lieu of Section 2037, hereinbefore repealed. Said new section to read as follows: Sec. 2037. No saloon shall hereafter be established, opened or located on any lot of ground, or in any building within four hundred feet of Lafayette, Tower Grove, O’Fallon, Carondelet and Forest Parks; provided, however, that this provision shall not apply to hotels or apartment house buildings of not less than two hundred and fifty rooms, which buildings are so constructed as to be build- ings of the first class, as defined by the building laws of the City of St. Louis. Approved March 11, 1907. ARTICLE VII. HOTELS AND BOARDING HOUSES. (ORDINANCE 22573.) Hotel License.—An ordinance to amend Section 2054 of the Municipal Code of St. Louis [R. C., sec. 2174], in relation to the licenses of Hotels and Boarding Houses. — APPENDIX TO REVISED CODE. 1159 CHAP. XXXII. LICENSES. Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: Section 1. Section 2054 of the Municipal Code [R. C., sec. 2174] of St. Louis is hereby amended by striking out said section and substituting and irserting a new section in lieu thereof, to be known by the same number, so that the section as amended shall read as follows: Sec: 2054. There shall be levied and collected for every hotel or boarding 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 boarding 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. ARTICLE VIII. HOUSE AND REAL ESTATE AGENTS. (ORDINANCE 22597.) Real Estate Agents’ Licenses.—An 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 Ordained by the Municipal Assembly of the City of St. Louis, as follows: Section 1. Section number 2058 of the ‘Municipal Code of St. Louis, in relation to real estate agents’ and brokers’ licenses, 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. 2058. Every person or firm, composed of one or more persons, engaged in the business defined in the foregoing sections shall pay an annual license of twenty-five dollars, which shall be payable before any such person or firm 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 guilty 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 15th, 1906. ARTICLE XII. OF ORDINARIES OR RESTAURANTS. (ORDINANCE 22596.) Ordinaries and Restaurants.—An ordinance to amend Section 2086 of the Municipal Code [R. C., secs. 2207, 2208] of St. Louis, as amended by ordinance number 20528, 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 20528 [R. C., secs. 2207, 2208], 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. 2086. Ordinaries or restaurants are hereby divided into four classes: Ordinaries or restaurants 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 seating 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 shafJl 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 party therein named to carry on the business of an ordinary or restaurant of the second class for a term 1160 APPENDIX TO REVISED CODE. CHAPSAXAL 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 six 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. OF PEDDELRS AND HAWKERS. (ORDINANCE 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 Assembly of the City of St. Louis, as follows: Section 1. 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 BROKERS. (ORDINANCE 22600.) 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 by the Municipal Assembly of the City of St. Lowis, as follows: Section 1. Section Number 2111 of the Municipal Code of St. Louis ,R. 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: APPENDIX TO REVISED CODE. 1161 CHAP. 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 express 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 broker at the office only, said license to run from the first day of May of such year. Approved Oct. 15th, 1906. ARTICLE XVII. OF STOCKYARDS, SALES STABLES AND HORSE AND CATTLE DEALERS. (ORDINANCE 22599.) Stock Yards License.——An 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 by the Municipal Assembly 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. 2250], 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. 2128. 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, 1906. (ORDINANCE 22598.) Sales Stables—Licenses.—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, 1906. (ORDINANCE 22601.) License of Horse and Cattle Dealers.—An ordinance amending Section Num- ber Twenty-one Hundred and Thirty of the Municipal Code of St. Louis, in 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 said 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 person 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 TO REVISED CODE. CEEAPTEXEX OG LT, TREASURY. ARTICLE XX. MISCELLANEOUS PROVISIONS. (ORDINANCE 22576.) Licenses—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 follows: 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 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 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 first, and Mercantile Agents, July first. Approved October 2, 1906. CHAPTER XXXVII. TREASURY DEPARTMENT. ARTICLE I. ; OF THE DEPARTMENT. (ORDINANCE 22865.) Renewal Bonds.—An ordinance authorizing the Mayor and Comptroller to issue and sell bonds of the City of St. Louis in renewal on bonds for which the City of St. Louis is liable. Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: 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. APPENDIX TO REVISED CODE. 1163 CHAP. XXXVIII. COLLECTOR WATER RATES. Sec. 3. Said bonds shall be engraved and shall be signed by the Mayor, Comptroller and Treasurer of the City of St. Louis, and attested by the Register with the seal of the City of St. Louis thereto affixed, and shall in all respects be numbered and registered as other city bonds, the name of the City Treasurer may be engraved on the coupon. Said bonds shall contain a provision that they may, at the option of the holder, be exchangeable for registered bonds. Sec. 4. 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 Comptroller 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 proceeds of the sale of said bonds are hereby appropriated to and to be used in the payment and redemption of the principal of the two million dollars of bonds of the City of St. Louis, dated June twenty-fifth, eighteen hundred and eighty-seven, maturing June twenty- fifth, nineteen hundred and seven, and for no other purpose, and said maturing bonds when paid shall be stamped by the City Auditor as follows: This bond is paid and cancelled out of the proceeds of bonds issued and dated June twenty- fifth, nineteen hundred and seven. Approved March 8, 1907. CHAPTER. XXXVIIL. WATER RATES DEPARTMENT. ARTICLE I. OF ASSESSOR AND COLLECTOR. (ORDINANCE 23000.) Assessor and Collector of Water Rates—Additional Clerks.—An ordinance authorizing the Assessor and Collector of Water Rates to appoint three additional clerks and two additional inspectors. Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: Section 1. In addition to the number of clerks and inspectors now em- ployed in the Water Rates Department, the Assessor and Collector of Water Rates shall be empowered to appoint five additional employes, three to serve as clerks ‘" and inspectors, at ninety dollars per month salary, and two as inspectors and turn- keys at seventy-five dollars per month; salaries to be paid monthly; the above ap- pointments to take effect in the beginning of the next fiscal year, April ninth, nine- teen hundred and seven. Approved April 1, 1907. 1164 APPENDIX TO REVISED CODR. MISCELLANEOUS. (ORDINANCE 22593.) Missouri Historical Society.—An ordinance authorizing the erection in For- est Park of a building to be devoted to the purposes of preserving objects of his- torical archaeological interest. Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: Section 1. The Missouri Historical Society, a Missouri corporation, is hereby authorized to erect within Forest park in this city a building which, together with the site upon which it is located, shall be devoted to the use of this institution forever as trustee for the people of Missouri for the preservation and exhibition of objects of historical and archaeological value and interest and such other pur- poses as are or may become usual in institutions for the promotion of historical study, research and instruction. Sec. 2. The location of said building shall be determined by the Board of Control hereinafter provided. Sec. 3. Said building shall be erected subject to the following provisions: ‘The building when completed shall be the property of the city for the uses herein- after provided, and no other. The building, its erection and its permanent man- agement shall be under the direction and jurisdiction of a Board of Control to consist of the President and members of the Advisory committee of the Missouri Historical Society, the Mayor, the President of the City Council, the Speaker of the House of Delegates, the Comptroller, the President of the Board of Public Improvements and the Park Commissioner of the City of St. Louis. The collec- tion of articles of historical and archaeological interest in said building shall be kept on exhibition free of charge to the public, within reasonable hours of the day, under the reasonable rules and regulations of said Board of Control. Approved October 12, 1906. INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1165 Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. Index to State Laws for St. Lowis, pp. 225-256. INDEX TO REVISED CODE. A ABATEMENT— PAGE. SEC. of nuisances, see Nwisance. Dr proceed ines7104 b DlICe; COULUS,» DYy COAL dy -f8e oars sareua’S a tunis wae’ oes 818 ABORTIONS— Bale sOMmrOU Lure DOM TEORUGCE SLOLOMIUGIT 190.5 's' dale seach ak ais ole aided dreck alate 687 546 ew MISLED CO eat VErtISi nes MaAtlOret Ole CLG i sak cue dete Cauelei e's 873 ! fee publication in newspaper of advertising matter concerning...... 873 1625 ABSENCE— p Se eye, phe Sead Tae) eMNg Goo ttle SE ie iG. enone ARON hg A Be re on aR 908 1688 TOD POUeAWECK as WLLOOUL. IGHVOs, VACALES, OLNCO oko. Pe oa ee be ke Jes 908 1688 of chief, who may act. See names of Officials. ACTIONS— for recovery of money paid by city to correct violations of PTL U ETS eR CUILL OP er rete tec eer a aeeaes Wnts te Pane At aeetacs 16 Gi wath Sis ives 611 219 COCR EYy ASU EVOY OFS. toe cle cape to ait hie ate wus eee eve ha eters 614 ni for expense occasioned by erection of drinking fountains........ 620 272 against city for damages by Fire Department. (Note to Sec. 302) 629 302 eyo GH POUT Von GODOT ree taal scat fas chin cratetlebain tae Wok > oie lehe Mess es 659 421 RI COUUNCATION. Ol Mitt kk OLlnCeL: DIOLECLCO. Sedees aks 4s ds se lhwe as 679 509 against contractors failing to reconstruct when ordered........ 756 892 to private persons, based on violation of ordinances. (See note to Sec. 1234, p. 810; also to Sec. 1864, p. 951). in Police Courts for fines, violating ordinances, on civil........ 816 1265 in Police Courts, when civil and when criminal in nature. (See NS) Foe pb BaP ROG TG GAGS TR ORS woe UO Oe Sten OR gen SAS Al na ia nee 816 in Police Courts—See Police Courts. inswhich City a party. record, of by 1 Cits:- Counselor: 2. 6.52.45. 841 1368 duties of Clerks of City Counselor respecting—See Appendix, CAGE, Gea ain cide o's d thera ans 2 i RE POR S ok PLN RTO er ODE 1149 849 1403 HOtmauecveapy-1repeals OF “OTGINANeeSae i.e ce 2 cee cee sh aie ele a bre 849 1405 850 1406 MEPOLMLOr Ca lisom ES taCUCiOl Olu ce earet orcas ole eiess SEE slaves ove b's 866 1495 on bonds securing public work. See note to Sec. 1989......... 987 Ono Mapulaceturers WONnGS) When | direGCved eirees sues. ec kc eee de ad 103 2190 on drainlayers’ bond for defective sewer work................. 1060 2306 for defective sewer work or done without permit............. 1060 2307 against officers owing money to City over ten days............. 1087 2417 ADULTERATED FOOD OR DRINK— of milk—See Milk. Feet LAL AER teAT Area rine ey Suan ONS Sy any ices as ue ORL UNEITS Goas seeks shee aod Coleavele. ake 688 551 EOP DIC Clie at ee eM es Bete gt aehale cic tursh a Bee Mee at wearele wd chi dace Wetec’ 688 552 ek CL Vs rene er eee cea ce Ler EL, fed ose soared eee WA tole ies! Boerwile lela See 688 556 ROCTULLC Ys GUUS OIL EY Cl iret Reet e files dicctkie) so Mehes he keto tal es’ Lbs haps ig tees 688 ay ADVERTISEMENTS— by publication—See also Publication. of proposals connected with street-construction work, etc.—See Streets and Highways. of proposals for street-sprinkling contracts — See Street Sprinkling. of application for conduits, ducts, appurtenances, etc., in streets 781 1100 for hearing to place poles for electric wires, etc., in alleys..... 787 112) for garbage contract—See Garbage. painted on sidewalk, misdemeanor J improper, for alleged cure of venereal diseases, misdemeanor... . 873 1166 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. ADVERTISEMENTS—Continued. PAGE. for purposes of abortion, or treating venereal disease, etc..... { tS in newspapers about venereal diseases, abortions, ete., misde- WIGAN OL, (o's a anes 6 2 Patee MW igneie Sieae Protas ois Rte nntee ene ne 873 of. lottery; misdemeanor: ys colitis ornate eda a Tene ee 875 of: lottery tickets, \6UG.'o.5 oe oc ee tie ee eee 876 in- publics: parks’ prohibiteds). Sac.) ce eee ear ee eee S97 by bands of music in street, permit necessary................... 878 by billboard, when allowed—See Billboards. ordinances Teen laine, for public work, to be recommended by Bi PS TB RA sis lb bois GR aad ered te Re Pn ie eee ee 968 of noticeofAettines of DuUbHG Wark. \..— re eee eee 985 what such' notice torcontaing 2e ict seh acne ee 986 of notice -forvlettings. Of (public) CiLy sprinting ov) Cee ee ee 999 for lettings for supplies to city by Supply Commissioner—See Supply Commissioner. for proposed sale of surplus or refuse articles by Supply Com- MISSIOUEL SY sei eco ke alate eee spe we eee ee Py pers Srey, tM 1079 AGENT— See Real Estate Agent; also see under names of Fae Ue of owners, duties ast privies; Closets, vetGn seen ee ee 692 of owners of tenements, etc., when liable for nuisance............ 699 [ 607 liability (off fore nuisances. a: sous ey. alt iy earn een ec ENE, erat) (eet 11. of. meat-shop ‘keeper, liablev as principalstceve 6 oe. 7 ew ae 863 of theatrical performance responsible for discharge of loaded FP OATS Hcy Lie ee ei eee GP ears Pc 882 responsible for-smoke nuisances, s.avsicerori oe + baa ea ere 893 financial. requires liGense 172i a ane er ere eats ote eee 1021 of. merchandise brokers, require license yrs oe 2 ce ee eee 1023 for pawnbroker, where cannot do DUSINeSS Gn 2... Ns aes wa ee 1040 of runner for railroad, steamboat, hotel, ete.—See Runners. mercantile agent—See Mercantile Agent. of second-hand dealers, when principal liable for....... Ce cei fame 1057 of: second-hand: dealer, swhenvilables. = ovaries fu cee ee 1057 fiscal, of city—See Bankers. 758 repair of streets, or sidewalks, or alleys, notice to............. 759 759 ALARM— See Fire and Pol. Tel. Dept. Dell. nse Rotel ade ay ees veh ee aid etek ele, ese eee Ree ee ee enti Ree poe 597 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: tor :COBi ia... 2 > secte hoete hee cee ee ante, Se 759 : 3 ; : 787 placing poles for clectric¢.-wires, ete, ify a sere ete eer ee { 709 to ‘be kept; freestrom filth, Dye Whomies - tc. wrt ie oe iene Bees ee 810 ALTERATIONS IN BUILDINGS— See Buildings. definition: Of ‘LEKM.s. Vac. nicca uri eons eles ie 2 cen 6c Senne een re ree ee ee 562 AMENDMENT— of ‘statement in spolice court Cwith note) >see ee 823 ANCHORING— walls, girders or beams, ete. See Buildings. 910 1121 118 1234 61 128@ a INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1167 Index to Scheme, pp. 279-286. | Index to Charter and Notes, pp. 463-542. Index to State Laws for St. Louis, pp. 225-256. ANIMALS— PAGE. SEC. See Dead Animals; Nuisance. BererOrnrpoaee. LLVG.1OF 1 OO fLOFULGGOI yo ons x fle Windies a mous d ene ee 859 1452 not to be driven in market-places, etc............. Pi eae 859 1454 BARN SOTOUS- TLOT DG KONG TrOMIs IIA E ROMS a oe oie srs < eio e Riete gre. aonee, due ie 860 1461 COR PO We SOLU HII TOG ROLE were weit Rak cleo aise he Ca pws ow ew aiaeme 860 1462 : 890 1607 Ge TUNA ap ome RES TNO RE a ge ory ak ee cele Yip ain a ee ae A f 881 1558 decisions on ordinances on cruelty to animals. See note to or gL Cem eR a ec een TA MeO GAS PEON Yat arg aie Os Pipvace Gimiete 890 fines for cruelty to, one-half to Humane Society—See Humane Society. bells on, when prohibited, and when required—See Bells. regulations as to cattle, hogs, horses, cows, ete.—See Cattle; Cows; Horses. impounding—See Cattle; Marshal; Dogs, ete. right of city to restrain, running at large—See note to Sec. 1578.. 885 throwing articles on highways that may injure, misdemeanor... . 891 1609 calves and sheep not to have legs tied or be confined............ 891 1610 molesting birds—See Birds. dogs—See Dogs. Pee OF ECO COT IT LIT Ss, 11) ST K hay ote ee tls ote ore iene 8 Ge Smale ony « 996 2018 APARTMENT HOUSE—See Buildings; Hotels. height of rooms, ventilating skylights, windows, etc., in........ 598 194 APPEALS— from rulings of Building Commissioner—See Board of Appeals. from ruling Superintendent Fire and Police Tel, Dept......... 630 al GOCKeLefOr CNeDluity ECleri LE O1ICE: COUTES yay ele fale BA oe oni bedls ote 820 Lats ( 828 1305 | 828 1306 : } 829 1309 frome Olleer OOlUEt enw elt ATICe LLOW viv site Mente far ah ec eel ete ois ee \ 399 1310 | 832 1323 | 836 Tas decisions on appeals from Police Courts and Court Crim. Cor. SS GGeIOLE LO, DECSs LoU Oye OUO ce a aie etd eoksias oti syntlcD we #laye 828 DVSCiUV AY OL LO, exeCule; all DONdS LOK. eek ites wise whe ethcale-diaed 3 868 1507 from Board of Examiners of Plumbers—See Appendix, Ord. OU MRC RE ee circ ta «ciate harap tae peek sitter oe Pt Age eae te ne 1150-1153 from decision and report of Commissioners on use of railroad Wino veraTLOLUer ,COMPANY. ccs c's gee < bistdhe ge nants totded ore Wakes sly 965 1898 information concerning, President Board of Assessors to give 1009 2081 to Board of Equalization from assessments—See Assessment of Property. to Board of License Revision from license assessments—See Licenses. to Board of Engineers from decision of Inspector of Boilers SPELLS MRO USD CULE RMON 0 cats Rhea alias wi ieheel baa calaweNeaT waren ne Dimerastl ae oe 1068 23306 APOTHECARIES—See Druggists. APPOINTMENTS OF OFFICERS— by Mayor—See Mayor. APPROPRIATIONS— See respective departments or officials. in ordinances for public work contain: specific.................. 971 1920 claims cannot be audited unless there be a sufficient............ 1086 2410 RL Pet Gi CO POC Py mer seer rts Om ee say ee se winla nab htes Aap 8 1087 2411 duties of Auditor as to transfers of, etc Comptroller to see that, not overdrawn ARCHITECTURAL DRAUGHTSMAN— POPC aL tts E Li Le 9 Ce Oie eT OI oo Weta okie 4 iin Re dO aN 6 here al 555 35 AREAS—See Buildings. ARMORIES— NS rh ON etme ORE fet ey eh oo DT lig Sooke ely Sse Oe One Sea oe 571 87 1168 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. Index to State Laws for St. Louis, pp. 225-256. ART BUILDING— PAGE. SEC. located: in: Porest*Park yc. ec uc witness se tact che ata y ee te 548 4 how location determined 0 yates al eto e cies ree es ees eee 548 5 under Board of Control of St. Louis Museum of Fine Arts..... 549 6 ASH BOXES— See Buildings. rezulation: for, In sDUTIGINGS an cee ee ee ee ee 587 iyivl ASHES— on-premises; when: WUISANGE . Waar sten orerthcn st tae @ heieie leh stata thane ets 698 590 term’: in’ nuisance “article, defined si) i sata ce er ete ee eee 698 594 to) be carried: through’ Streets, snow oe ce os < bere Viuecldalle eth utee 702 614 depositing on, or removing from, another’s premises....... thee eee 1603 ASSAULT, etc. misdeMeanory 35 fo i heres hie Sie whee eral ee eke, oan etch Eee eee ee 877 ass a ASSESSMENT OF PROPERTY— SMV ST : : f 868 1509 district assessors appointed “byz May Or saw. aceon ene ee 11011 _ 2095 board of assessor for, created, composition Of.2.1....5..<...... 1007 2070 President of, ‘ands District Assessors," DONGS# ie tcp seared atatas «aaah 1007 2071 qualifications of President and District Assessors.............. 1007 2072 appointment of what deputies and clerks by President.......... pags pile clerks ,as!deputies o.gA cee ea ee ee ete eco ede mre a 1008 2074 Presidentmay -remove'; what .employess ae ov nas nice hls ple alee 1008 2075 salary “CLI Presidentaot en: Scio eae eRe Ee be sereie Faas oc ete) ielae 1008 2076 salary /of) Chiets Deputy /-ASSeSSOr® Ole ganesh cain): oon eet aera 1008 2077 compensation!) ofs district, assessors varmntae wees established 2 iavemwn ts «aes sce eee 1009 2084 1010 2085 boundaries. of said ten districts, respectively... .........2.2. 2. to to LOL 2094 same; amendment thereof—See Appendix Ord. 22930.......... 1157 additionalioduties of /.district) aSsessols arr eee he les cheer 1011 2095 notice to be given of differences in tax assessments of personal PFOPELLY “COV O WET or iet he oak ee coe at tae Per alc op hee a eRe ae 1011 2095 notice of completion of books, in newspapers.................. 1011 2096 Recorder of Deeds to furnish Assessor all deeds, etc........... 1011 2097 President Board Assessors to make changes on plats........... 1011 2097 costs and expenses of, how) met and certifiede. v.24 seek 1012 2098 Board of Equalization, how constituted, duties, powers, hear appeals? wheninn session oy vio eee ay ence en ee 1012 2099 compensation of members of Equalization Board.............. 1012 2100 compensation of carpenter and builder of board................ 1078 2101 qualification and oath of builder on the Equalization Board, QUtLES Sone Re eerie ee ee gee elec ei ee Pa 1013 2101 pay roll- of Hqualization Board, to;show, whate.e. s.5c ee 1013 2102 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. INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1169 Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. Index to State Laws for St. Louis, pp. 225-256. ASSESSOR AND COLLECTOR OF WATER RATES— PAGE. SEC. d 868 1509 BODOINLGH DY MAYOR oe cmirenien as vie oi ce vies e Sante Riad KPa ees vee ne cece 1095 2448 GLUuCe EO CLOAlLOU ne arte a wk eviews FP sins SASS visi ck we eink » a piers bony 1095 2447 MIL MAAS are oo Pe coe ele se tia ne Teen dad to coe aS A Ow Wie etn Sarah pvacilosiela fog Je 1095 2448 BTW OL ga ers cel We ale oT ne Lea Thy. palo den ec 08 Scot a}e a Were se) sielnlane wighy 5 1095 2449 NecislOneaAn: LOvEAIAL Vee OUG COo SOC. pate. ce een dts eure ews 1095 SECRET Of re ee eel er ee ca led Dicks alee Wewnis daha es opus wai Wes 1096 2450 deputy, appointment, duties, Dond.. <2... vec cece eee eens 1096 2451 OGLUNGTI GM DIG V eS CWE eta ern coin! iste ety x peal ose pls ous Mia's? 4a ale Te acaiie 1096 2452 responsible for acts of employes, bond from employes......... 1096 2453 salaries of deputies, clerks and employeS..............+.++e-- 1096 2454 Haditional GMPlOVESs ANG SAlaries. io. vein wus oie eb ie eel Fe eae ae os 1097 2455 same, by late Ordinance 23000, Appendix...............+....- 1163 duties of, to collect what revenueS........ cc ccesescceeeeccees 1097 2456 water rates, collection thereof, etc—See Water Rates. where and when deposit funds, suspension or removal for ORD T bie y Se tare linen ies eb ai Zee ie ene ELT aa ns Ne. a eee a 1097 2457 Hats LO ODOR UGIIVErOGmDY TILeLISLOl aoe), ee sek wa te hen 1097 2458 blanks» countersigned: by Comptroller, etei. os cn ee ee ee ee 1097 2459 NnOnLO vee repOris OlmtLOn COMPLTOllOr. 2... ae cca ce Wald oleh eal wae 1097 2460 Srynuae Tresor Or, cor vuunicipal AssemDply iw. oy ecb eds eas eee s 1098 2461 may compel taking out of water license as sanitary measure, 2463 CHWS, ro gs Pat ce ah le ae a ey ce, MA ar Pa chs RN a 1098 1 2464 LUMISS em ICON SOGe OTe Wavelr {Ler lit. see eee We se ee ee shee es 1100 2468 to divide city into districts, may shorten term................ 1100 2470 RUA Ver alow srOUALES: eWVuLOllahs foc ae iw's sa) dhalaehale ¢ o¥e Fes Meteo ght a tua stake ts 1100 | ies Tia vee LEE YOLU SInCCHBCS ss WOT ce dcmia tae Siti and ee ke idle ae alaele dh dees 1101 2479 may require license to be for all purposes, when.............. 1101 2480 for certain purposes, exposed for other purposes, revocation.... 1102 2481 may shut off water when service-pipes are not repaired........ 1108 2510 may shut off water for non-payment of license................ 1102 2482 Same; note of cases—See note to Sec. 2482............... ce eee 1102 Tia reduiTe OALD) Ol; ADDIUCATL ALOT IICONSCiis oe cic bam elelele 6 ots bel 1102 2484 ieee Ole. ONLs Vaile st Proll ses tae tle) danas Gc clever e aelala' a Uidealw os 1102 2485 shall charge what annual water rates for use of water........ 11038 2487 same—meter rates : : 2104 at Fie ap ee ee Hak PhS attr RI ee a a 1106 2497 COPTeauire -Tlew sl StOp-DOX WWHEU) DOFOKEM ie oi ciecs, cats ole ole «ete ste ale 1105 2491 ' meters in- public. institutions in discretion of... s. 66.68.0080 o 1106 2494 1106 2499 POUT Sy Abele 1CO 2 GeO VOLTINGIG RA LM Ec Les ie alate alate stl aries haha sie, alana } to to ‘ LOs 2502 to furnish certificate before attachments allowed to city water- DIPGSAPOL a ILOLalOU Se NOL atelier re ehc Wagers elcre a dine arajateresutass “e Shuyede 1107. 2504 ASSESSOR OF SPECIAL TAXES— See President Board Public Improvements. ASSISTANTS— See names of chief officer or office. ASSISTANT CITY COUNSELOR— See City Counselor. ASSOCIATE CITY ATTORNEY— See City Attorney. ASSOCIATE CITY COUNSELOR— See City Counselor. 1170 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. Index to State Laws for St. Louis, pp. 225-256. ASTROLOGISTS— PAGE. license: -TeEGUITEd & DV ies Boeck gees eeeten ais lots Selene Pelee ahs EEL ale Seen nen 1029 Term: \CEOHMEG 455 cP slew Sha Ae ere ia ale ce et ee 1029 amount. of HCense raid trike cdo arta ih cea Reha eb tal die (ee Rene Cie ene 1029 penalty ‘doing: business “without: Heensey. J ci7... nin cae teen 1030 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 Buildings. definition*-of."ine Building -Codewecnc ct ces see eae eee 562 AUCTION— sale of articles seized—See Market-Masters; Condemnation. ringing! of bells: to ssw: ity, 0) Pictas Shahan fd oho 1098 2464 BOARD OF LICENSE REVISION— See Licenses; License Collector. BOARD OF POLICE COMMISSIONERS— See Police Commissioners. BOARD OF PUBLIC IMPROVEMENTS— See President of Board of Public Improvements. contracts for construction, reconstruction and maintenance of highways—See Streets and Highways; Public Work. contracts and regulations for street sprinkling, and regulations —See Street Sprinkling. grants permit for stationary awnings—See Stdtionary Awnings. powers respecting wires, tubes, conduits, cables in streets, etc. —See Electric Wires, Tubes, Conduits, Cables. LOR BUDGI aU DEP ViIsOl Oly GELY AgIOTLLINS oy ode nce ce de wiclh wie toa Wie cc 790 1139 has control over Supervisor of City Lighting—See Supervisor of City Lighting. to provide for lighting streets, buildings, etc—See Lighting of Streets, Public Places and Public Buildings. powers and duties respecting garbage and its disposal—See Garbage. may prescribe duties for Workhouse Superintendent........... 919 1749 1176 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. BOARD OF PUBLIC IMPROVEMENTS—Continued. PAGE. SEC. 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: s28007 5. 2) ive ices © bade one Gia te ee eee 1150-1153 may remove ‘Supervisor: of -Plumbingian ee. 2 ee eee 927 1793 authority of, as to public baths and playgrounds—See Public Baths and Playgrounds. powers -as;to;Tenders’ oni streetcars... 2-10 5 ieee a oe eee eee { a a powers ‘as’ to brakes) on street-Carss. Voce (cee ee eee See 959 ieee to--approve..street, rallWay rail pattern... eras 4 ee ee ee 959 1879 to approve device for street railway sprinkling................ 966 1902 regular) meetings (OL) ici ekaee oo oe ast, cat eee ee 966 1904 special meetings, called by President of, and how.............. 967 1905 when special meeting may be called by Secretary............ 967 ise special meeting, election President pro tem.; powers........... 967 1908 President pro tem., not to authenticate special tax bills........ 967 1908 when and what. subordinates to the respective commissioners may-act; forjthelr chietx alr cy ee ante ee eee gee 967 1909 by-laws and regulations to be made and printed............... 967 1910 secretary, £of7* Salary, [O0ONd 2. acs,. Orel. eles cae ee ere ee 967- ub Pal duties':cf Secretary, records, papers mprintineg wee ee ee ee 968 1912 decision as to effect of record of—Note to Sec. 1912............ 968 duties of, cin) ZEneral ain. sae aes eee eer ert nnn eee 968 1913 to prepare all ordinances for public improvements, lettings, ete. —See Ordinances; Public Work. quorum, ‘fihalvaction “when not taken, notice... pene 969 1914 when :yeas and nays: required: 0n svotel-nee sas oe fe oo te ee 969 1915 members of, responsible for acts of employes.................. 969 1916 plans dedications of streets, etc., or subdivisions, etc., to be SUDMItTEd LEO ei Pa aiccehe ae oil egies I toes ct on eee 969 1917 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. contaitin.. or eiovarins «2 ol opera ee 970 1919 letting: of ‘annualsrepair]contractepy. se nereete ee oe. oe een 970 1919 duty of, where complaint defective work being done—See Public Work. permission by, to construct vaults under sidewalks, and sign-posts 973 DB a permission: by .for weighing -scalesiis 2 sae Gia eee rr 973 1934 Presidéent.‘of, presides (4c tae. ea setae cert oe re ey, 973 1935 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 Compensatton. may make treculations efor driving’ marksie eee ne ee 997 2021 approve leasing of buildings in certain parks.................. 998 2026 may lease boat privileges on .ponds in parks..:................ 998 2027 may lease privileges for games, tennis, ball, etc., when.......... 998 2028 when to-approve sewer: COnSEruCtiOn jie. toe ae ren ee rarer 1058 2303 when may cancel drainlayer’s or plumber’s permit for doing de- fective work “ONMSEWeres tiie oe eae ce ene eee ee 1060 2306 when and how may grant permit to connect with private sewer without. pullder’s (consent: Set) eae en eee ioe eee 1061 2311 to: approve plans of water: closets, jetGa 4 oe. tee ee ee 1062 2313 to approve device discharging steam boilers into sewers........ 1064 2316 plumbing provisions can be varied only by................ eke giOG4 2317 to provide water meters to consumers free of charge........... 1106 2498 . . to approve pattern? of- fountains: 2.25. cee see ee eee ee 1108 2508 INDEX TO REVISED CODE OR GENERAL ORDINANCES. - ELT Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. Index to State Laws for St. Louis, pp. 225-256. BOARD OF PUBLIC IMPROVEMENTS—Continued. PAGE. SEC. to approve patterns of street washers....... Piptate.« Winneh ws ttss, ELL 2516 MOU MUUTUUE DELUOIIIE OL MMU ie ire Chere wire rac ciate aa dia sie odin 64 ww Vierdicseie”e » A fa ak 2519 to approve pattern of pipe, fixtures, etc., in plumbing.......... LED 2521 BOARDING HOUSE— See Lodging-House; Buildings. RTT IBA wWECLT CLOT OU mere Ena te fa Seno, Pere yd Ws peices See ele line 706 629 or lodging-house—See Lodging-House. Ht LIGANSEGaTUClO COUTNGU a. ee ee. cei See ae Mat eke a isle ete lowe 1030 2173 IOI Ge aC LOL Tilal Cie LiCOl SQM reg eats eo oe ke ov a cree Saree vee tere os 1030 2174 same; amendment—See Appendix, Ord. 22573 ................. 1158 TUDMIN Se wilLlOULCense.©. MISGEMCANOT Wy. . .. i we ce ele es ws d ve ate 1030 2175 decision upholding ordinance article—See note to heading Chap. LLY Caen ee Ca RANE ok saat ene UCM alec, dealv aid alee okie 1030 EL CMe ToL LONE TTS ene And ee 2 cree S Ve SND an Mae tld ee rete ets dled. ae ale 1103 2487 Henne llewater-LiCensar articles. nc ser yeah anes Vc ek ek WS Rcwe 1105 2490 BOARDING STABLES— See Livery Stables. BOATS— See Harbor; Wharf; Harbor and Wharf Commissioner. REESE UEC Ne TTL) Pare oi Oe ee ISAO Fae: cae Wada wee art acd Ge SMC eA Ste o tee eit 643 By SESOLTIIEL VEUl> RV ITE Om LO MAIIIOOINT ica c oaas bd trees ate OENGEE sic we ah alee ude Saks 644, O00 Pini eer sitay wpOaTed UllCOUL LORI VG ceil a ca Seri c cals caste sc ded 644 354 : 644 oe PIOCHSUINESEWMETGTATORWT OOK OU galls ce a itis fale bit Yin,v are Pelee kaise s | 994 2013 sinking or wreckage of wharfboats, landings, etc......... tele 651 382 PE CITIO E POUAL Ey tee Ma ated cin asc) crete sere od of Bates aba hl gee CRISES wie whe oe aPe ee 644 356 VANES Dee Tn IT LOU Oller c ag) Belais ats arch & Siete aie ce te are eee Det Oa 644 357 Steamuoaleaco snave prererence iN elANGINeS. wats os eee v bese cas 645 358 Harbor and Wharf Commissioner to set apart landings for...... 645 359 PVs POMEL SIT lO Wa SOCULCU we totetiie Ginnie «Wy claerar yy apelela ata Niaety ete 646 364 CASULIT MR IO0RG SW TG TREOlls- LET Ont i aoe, tise, oa yt NN ioe is. 2- 4 dpe or nee, ONE ' 646 365 Commissioner to make report of tonnage, arrival, departure, etc. 649 B73 TAIT ORLOL DAY TUCO SOn LUGO) se iene ites Sain cat arae Water wate o Mamteae > 650 i a | ferry—See Ferries. va : : ; 740 821 not to land persons with epidemic disease, etc., when.......... { 741 399 not to bring into city corpses of persons dying of certain diseases 744 840 NOUL.LO Urine | pallperss or insane: poor: into City oi owns ee ay ose 750 869 lotteries srunon——-see note to Sec. 1529 oo a ie oP ees oe Sle a be 875 Certain Ordinances LORDE.DOSCER - ON.) ai sas cetete ett & ates RM aisles be 4s 889 1601 emission of dense smoke from steamboats prohibited........... 893 1620 TEL TUM E DOR LMODETALILIE honctitec 1 to aisha ts wit rarels Sin cmemnere-« Motmaete Gauss a 2h 994 2013 privileges of, on ponds in parks for hire, may be let........... 998 2027 dealer-in steamboat tickets is railroad ticket broker............ 1043 2202 railroad and steamboat ticket brokers— See Railroad Ticket Brokers. steamboat runners or agents—See Runners. BOILER-HOUSES— See Buildings. BOILERS— See Buildings; Boilers and Elevators. installation of, and requirements concerning.................. 586 150 in theatres—See Theatre. BLOAIN + HOW, COMlLECLCU LW le SE WWOTR et ys ditae aia or ciriais Saw oe aetie s BOILERS (STEAM) AND ELEVATORS— LUBDERL LOL Of o4 UIAY OLD A ODOINLG. wu Bes 5 calc dak be ove ep aS ee Wc cet RUMLIDCATIONS trates itis ah AEB oR coats One he be We ales 1066 2323 insector of, appeints seven deputies, qualifications............. 1066 2324 1178 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. | Index to State Laws for St. Louis, pp. 225-256. BOILERS (STEAM) AND ELEVATORS—Continued. PAGE. inspector of, appoints clerk and assistant clerk, bond.......... 1066 inspector and: deputies; tenure of Of0ce,..)... .. . sn wena eet cree 1066 assistant boiler inspectors, how appointed, removed, etc...... 1066 Board of Engineers, appointment by Mayor.................. ieee Same: qualifications: Owe tenses sage imelee kis Wid 1s) seeer et cee ee 1066 inspector of, duties, what and how often to inspect, record..... 1067 inspector of, to be Secretary of Board of Engineer's............ 1067 notice of inspection of boilers ten days in advance............ 1067 manner of boiler inspection, frequency, certificate............ 1069 inspector of, and Board location and furnishing of office...... 1067 sessions« Board./of Engineers; duties, spOwers 4. .2: saseniee ee oie 1068 same, hear applicants for licenses as engineers, grant and revoke certificates ‘of = license etc iit. © tamer icntlnne eee Lae ois 1068 application and examinations for license as engineers, etc....... 1071 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. . 1068 when unlicensed persons permitted to act, permit how and from whom obtained? Clee as oh ak Se tr ee et ee ee eee 1068 person in charge of boilers, to have license certificate displayed. 1068 unauthorized person in charge of boilers, misdemeanor......... 1068 inspection of boilers, regulations, violations misdemeanors, cer- CITIGATES 2S Se! PE See eae ns a oe as see 1069 reports. of Doller> insurance CoOMmpanvest ewes aoe einen eevee Lee 1069 inspection of boilers, certificates, fees allowed, returns made..... 1070 DlankseoIMaNnNe Lr - Ob SS UID ak eee aa ee ne tron hae ae Seema ty a) inspector. of; to: makesreturns andy reports... 20>... -e slau ee OT inspectorsof salary. “and (DOndos suis te ee el ee ee 1070 pond df= deputy inspectors. sce ee cee en iar hel ene 1070 bond *' Of 2assSiStantwiNSPEClOLs an cy.1 cheer rene tenet aha s ieee os seus oe taal oe eer 1070 députies-devote entire time ——“salarics mvc cai git A. eae ee 107t bond and «salary. Of4clerkey Paso ieee ere ene aye ak tack, eng edegs 1071 Inspectoreresponsible LOL, Clerk yy inne ceeene ete geet ee cues ee 1071 bond and compensation of Board of Engineers.................. 1071 compensation payable out of what fund.................. ti Scere 1071 qualifications members of Board and Deputies................. 1071 misconduct of inspector, deputies, or assistants, misdemeanor, TOrPeLCU PE! US Tes Bare ect a igs sey Sine eer et eh oe as 1071 what are exempt from provisions of article on................. 1071 licensed engineers to give notice of change of employment...... 1072 application: for ‘renewal of) license sree eae creer ie es cecneleene 1072 owners or builders of boilers or elevators to notify Fan mactona: of, and SUDMIts Plans Ge tLsCervilica tes yo emer eae boss) eoecied cian. fe 1074 to. be operated bys competene Employvesiaee oe whole ieee ee ete enn 1074 violation of article, misdemeanor, general penalty.............. 1075 certificate of Inspector of, to be posted, failure is misdemeanor, firétoy-bes drawnevac har. thee aCe ae cae Penh Sated: 1072 licensed engineers to make semi-annual reports to Inspector of, penalty "fOMe Tallures y. a.7 ays tk ee ee ee ee 1072 expenses of department of, how paid and audited.............. 1072 duties of owners before setting up or repairing boilers......... 1072 boilers to have plugs,—regulations—duty of Inspector of....... 1073 inspection’ ofall elevators: by. Inspector sot. 2 yan eee 1073 inspection of elevators, duties of owners. :..22...........0.... 1073 certificate of inspection of elevators to be in view.............. 1073 inspection of dumb-waiters not-required.. 4:.2 Vey oe ae Ore fee for certificate inspecting elevator, and how paid........... CLO TS elevators operated ‘without certificate, misdemeanor............ 1074 defects in elevators, notice of by Inspector, not to be used until OLG eel a ks aS hte be ae eee io ha Ch ee Oh ane al Re eh ee a 1074 INDEX TO REVISED CODE OR GENERAL ORDINANCES. . 1179 Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463- 542. Index to State Laws for St. Louis, pp. 225-256. BOILING INFLAMMABLE SUBSTANCE— PAGE. SEC. where not permitted....... Peeatest, OR ACTOR tthe ales 0 6s See ers’ gue he a 611 223 BON D— remain in custody of Register 1006 f 2062 ALOT TCUSEOULY SOP MECORTRLOT Cee. One To hd Old ilo ics ov ae eal 1 2068 same—except Register’s bond with Comptroller................ 1006 2068 650 378 Bey ea iam eek a om an eer ea Re UL he an, SANE adultes stam tal tre ly obese anitie 651 382 652 384 AEG. eer he Ge) Cae OGLE TEL) (hate © LCT WILT Liv ts be eta bec mds bm BE ee lee ales 651 382 DRLOreeI es atiCOmOleOrry-fCeCn Ge ani ka < is Se eal | seus dme co the die ole 658 416 Blt ON Oe OLry-KeCODEL AW HO ana Vr DEINE & ay ctesin ew oe Gla Rta ere a « 659 421 Pater er CIE GLO TCL LCChge: arts air cheatin mt a. ts pa, pine der Lie ae SPO ar eee ug eae lbs 690 568 TOD eT asl TOI OVE CALGan bere. sci ot we eitie Ca ic wie oters be he be 715 679 Delorean ileine. carcasses. OF dead. animals. wic.gs cei. eseecs Vist aidyeje wr Oh 715 682 with contracts for construction, reconstruction or maintenance of streets and highways, see ovelow; also Streets and High- ways. MIE OOlEtaCts . FOr USIP eCCe eri iimlllS 5 Gaia .-cte oe Sic Sew e etl o shea h eae (72 1077 on permit for underground wires, ducts, conduits, cables, etc.. 782 1102 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 DOGG itt ee Ole CeCELDUs OU atias ch ay Sere Wie aa e Ciao, ee de Ohteee 788 1125 Miu EeaCi stl) Cley GoLeeet se. LIS tlin S weccne. civese eee ON au cide aie abe 1a5 1160 with contract for city streets lighting in southern Pee SOUR ea inks 796 1165 with contract for city public buildings lighting (repealed)...... 798 UW Was) with contract lighting public buildings under new ord. (appendix, OT Marae RES aa ce ciety either alg! sho sate Wer OP hao kae Bay Qn oy 66 lye apes 1147 of telephone companies before using streets for wires, etc...... 801 1192 PI COMMaACteL OL Ia DOSa OL Par DAS Gt eas sie cislitectaciae wipers tusls o o's s hs 804 12038 enaiee 3 ( 822 1275 for bail, in police ROU Ue Bes ary ortie ward nal RUMP ai ted aka he a aa 1 827 1299 city appealing trom. police)court need not! give...) 6. sea eon. 828 1306 when defendant appealing from police court may deposit fine and AL SE ep A Waa ECR yrs ey a A a kre ok i Cee ea, a 829 1310 CH gota gas el OCOD GT Ropes Vids ale Rama Oe gis RY la eae RE ST aE oe a 855 143 Mayoremay order renewal® Of whens... si sis os ot Se os oishe pw love’ aide 867 1498 Mayor to execute all appeal or other, for rey Rn asi otal See ne eae 868 1507 PONCE USLICE. IDG Yurediires GlLeVvaAsLAN scwict ie cais clisete Coo btehishe wat: 897 1636 from officers Mullanphy Emigrant Relief Fund..........:..... 903 1664 Dee DIES Pe OTM CT Ul PAu Ts cawle sec eve: sci cuiteh a lallc We or eke hel nial, «8 ata atin dh 928 1794 Cs DOT Celestina. een CaS Cia cd ig NSAI, Geta id SL Pb RS vf 06 932 1805 1817 for Jicensen- LO reve OICleR cA TOWalCDCALCU yf. omc dis ne in tiny so als em 938 to 1820 of railroad company using another company’s road............. 964 1897 from persons making attachments with, or altering, repairing, CUP LOS OL EON ALCIOW OLR Gadi 0 a, sate. le Mpaleccin Ne ata a mek thie 1107 2504 of portable BUCHOS MCC LEV A OW OIE TOTS. cen id ore Wr white atala: 12% retaratenee ss co atuts 1128 2585 to secure contracts for public work................. ee be SS i 987 1988 Mita COMO ee Reh tase fee's ia ater 2) eo terah ooo, Serna Wey intial Grate hs 987 1989 same—decisions on who may sue, and for what, see note to sec. LORD eee eek Vea s ens te chal BAP OR ek sail ctots hsite Reds aihe wll tone fs cao as 987 Pre AU CLIO NGG Ri meee en ti ame oe Lott LYS Gost we hrcdate Ad felk es aoa kb useless 1020 2128 Ta TUAIT eo VERIO) LEE LS ee NR Pe ire Ah fas St nya tO hae DS AGRE Gogh GER Skuse bs dr BS QR n 1021 2135 by manufacturers, before license, conditions, efic.:............. 10338 2190 by merchants, before license, conditions, CC... 6.6... eee Awd Ue 1036 2201 from pawnbrokers, before license, to observe ordinances........ 103 2211 of runners for railroads, steamboats, hotels, etc................ 1045 2240 Ghaviaui, PCOlOAeT Ss, PANE SCON (ICLONG..)s Gis'0p0b ciehe ivpials minke #0 aerate pe cava 1050 2267 Collector may take, from his deputies to secure himself......... 1056 2292 to pay unpaid special sewer tax bills, when allowed............ 1059 2304 1180 ANDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. Index to State Laws for St. Louis, pp. 225-256. BOND—Continued. bonds: for, contracts to furnish .city,supplies: i. so eee eee from employes “to secure “Treasurer: .¢ ..2 ise sees es Stee eee from employes to secure Assessor, etc., of Water Rates......... of" weighers on: privateyscales=. i... whee os ieee iis beeen peers what is: breach, of .welehersite ofc cece eitede sia 2 as eee eee BONDS, (OF PUBLIC OFFICIALS)— remain “In: Custody OFPReEsI Sterns set eee ke ce eee ee ne same—except Register’s bond, with Comptroller................ all city ofhcers*£0* 21 Ve foc ee ce eer ct eae ee ee ce approval of form of, and of sufficiency of sureties.............. approval when compellable by mandamus, see note to sec. 1677.. Mayor to approve all city bonds, also Constables’ bonds........ to. be ‘filed. with «Register? 732. Lc. sme ore ee ee et: Oe ees when new; may .be required ‘of ‘officers s.. 222 ies... eee eee to “whom *new -bond= provision” applliess).4.: an. ao aa ee bond: examining board, who constitutes; .e.. 1... ee | eee duties of bond examining board............. SORT Makes ratets te neglect. of: duty of: board, misdemeanore 7.2 ies ss eee re a eee eee of- Building .Commissioneri: x. /-3./2 cas ee ate eee ee ee ee of janitors and night-watchmen of public buildings............ of (Deputy, Buildine-Commissionere: oe + «one eee Pee ee of Chief Clerk, Assistant Clerk and Permit Clerk of Building Commissionére ss (2 Ase Acre ctee ae ort eee ee oe ee ee same amended by ord. 22778, see appendix..................... of: Ghiefinspector of “Building “Conimissioner-- «sa eee oe of other inspectors. of Building ‘Commissioner, .2: 2)... sree same—amendment to sec. 34, see appendix, ord. 22749........... of City ~Survey Ors secs 55 sisters ahs ae ete etieit a eet ees lsc code” o) a ene es Of COLON hos cers Re Re Oe cee A ene nace age, erate en ieee eee of factory inspectors deputies and *clerike. 2-0). 7... ee ee aa of chief i of ‘Fires Department 2... sac oe as ee i eee of Superintendent of Fire and Police TFelegraph................ of ‘Clerk’ of: Board’ of; Healthy yas eee ee ead eee eee of “Health Commissioner:2°2 0 cre er ee ee ee a eee of: assistant Health) Commissioner caisson eee of City Chemist: 2.42 ene so ee a ee ee eles os en eee ofsmilk: inspections employes. 2) samen a cbena: orale cre eee of veterinary surgeons appointed by Health Com’r............. of inspectors of meat, fish, vegetables, fruit, etc................ of: Superintendent: ‘of -Poor-Houses 220 eee ieee. ere ee of Supervisor of City Lighting 4: 2 eee ea ee ce tee of subordinates in garbage division of street dep’t............. Of City: POKESTER cnr ci il Slashes eet et eee meen teach? ot orca of employes in department of City Forester................... of assistant .PolicesCourt. Clerks:> 7ueieme pepe ie ee ere of ‘clerks..of: Police: Courts ars gig feces eee ee ee eee Of: MarsbalgcA nln: ta tsta siete eoerele a ole ath ove ints toteae ip eee ete mei eee CoRR onetee re of City Attorney and Assistant City Attorney.....:............ of Associates; City PAtIOTney oso, Bes ies oat re cee enn eateae ete tne a ). oa. cs. ocr cee tte one 579 signs on or attached to, regulations concerning................. 579 towers, dormers and: spires On “top Ofc.) soe ern ote oe ee eee 579 penthouses Ons: How 2GONSUEUCTEC Use eee Soni ie sie ee ie ee 580 water:/tan KS7 Om st 5 8 tae Sake ee cette eee ci rere eect dan state teks Cae et nines Sane ee 580 least. thickness .of--wooden? beams Ai. oe fe oes vi a ce ete a eee 580 joists;to-be- covered during construction Of. 65... 0s 6. eee 580 in-construction’ of, sworknien, 10, be: protected... 5... en cis ste eee 580 wooden” beams ini party walis vole. . tamer eee eee ee 580 ends'.of; beams tobe: Develedin os © #..54.4 b weak aise rete eens onees 580 bridging; obj Osta in ae rae ir ete Reet as rie ote eee be tetera 580 anchoring walls to joists, girders or beams.................... 580 wO0d WOrk« OM DeAMs- nearness. Veta.n «a ere ae eee ee ee ees 581 trimmersor Neader: DeAMBO1IN. |..e as eas ae een. ieee tee 581 StITTUD CITONS (eeciitehs 5 eck cies diets Eade te tock eden cps Re eT eae ees 581 cutting. beams=forre pipes. oi). ,. 7: ioe cele ee eee eee pee tia ee ee 581 fas ‘and avaler PIPES i Nsis Skewes pte tee tree nae el ee ee ee 581 stairways in mercantile and manifacturing bet Sep ba PA ee Se ERK 581 stairways for hospitals, asylums, schools, halls, etc............. 582 stairways in hotels, lodging and tenements, etc................. 582 scuttles. bulkheads,,laddersy j.coeecry eeee e bic W kot ns stoner erect 582 fire-escapes in) de 5000 2 Fi% Le e ee ee ee ee te Seat hz eo 583 stand-pipes ‘in. connections with mires connection withrstaimwaysi- ete oe eee 591 eleyator shatts erated SALE LOD. wti. «cee cmmnnim eevee kin un ce sarees ae HoT dumb-waiters shatismmienn. crikeore ce teie en een eer, oe. taraat Laue 591 sky-lights ,0Ver. Gl6évatorsins ik aac ys cee ede Sait ale ne ee 592 strength. of Moorssandsrools: im) reared te i ee eee 592 same—respective loads of different classes of buildings RUE ic eee 592 strength o1snoors. fo “De -COMpPuted. ee be ie ehh. cee ee 592 notice posted of strength on each floor of mercantile or manu- factur ine we dys ees Ae ed ese ictine, te ie Sano ee 593 COLUMNS VAD SRE schoo irra ew b's ors abee ot ceaen tec oie nteie oes te aires ae Teter a 593 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Scheme, pp. 279-286. 1185 Index to Charter and Notes, pp. 463-542. Index to State Laws for St. Louis, pp. 225-256. BUILDINGS—Continued. Renee MEN AcE LILI EN SS ALE sock Warls chcssde' re gus beatae yale Se eee ee a al: MMO SE LTUOIE © RP at Ae eae ey aha noe a fe er de eas Rea S UML AAEM LIGTINGS LYE ghee lb te Mean deel arash a gf sare DEES Sk a Bd « Mw 2 TACUOTSLOR PAL6tY: Stlowa ble Uni lislressesritien, ne cows okie e ccy ee POPSrIOTLON, OLWLLOGT) BrOBe Ti. sO, | tose nelle Fee one Rie eee MOTOSEPIOCOUMLOUN en Peds Ei icc wea Cen x ke Se ta eek we hiecas same—when stairs and elevators Open............cccceecceeces BHBIGLOM = CUNSEEICLIOIN CO ait hr. ue cha Pees or ee oar Sea cere hae wind pressure one skeleton...... Che ee era ene A aod AEA eat tare? ote construction of skeleton, to conform to standards.........;.... fire-escapes, rope ladders in hotels and boarding houses........ posting notice of compliance with fire-escape ordinance in...... watchmen in hotels, lodging houses to guard against fires...... height of rooms, ventilating skylights, windows, etc., in hotels, apartment houses, etc........ VS Face Pe Fite hea EP a Dae 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............... aisles not to be obstructed—See Obstructions. for private hospitals, lying-in homes, etc., regulations, see ord. CORRES hia) rae ye Valah Ge 2-8) 1 koh a Ak ls oe | Grab eile oe Un ears MA Shaan Raa PNGATEMNOLICe,. LO sTeMMOVe.: Ol MAKE SECUTE ck clerk dee eck dewe wad J unsafe, cost and procedure to remove or secure...............22- LGC eb ERG Taegan e OVATE Se aS a) eae |. Ea ua aan ae ioe a ee ok agent or owner shall not rent or lease unsafe, after notice...... commissioner may enforce any provision in building code, how.. Gosts-or enforcine-buildin=, code, Hen On CTC eo ie. ck ae ciao cones BOUT Sera isin Ula DLP IAT Let 2 OF ala arate aiarere v iual'e BR dees Rice thas alare tee cleaning and burning out of flues and chimneys in............. petroleum, naptha, benzine, hay and other combustibles to be ETT BEAD) TNA EL te ied peg oe BR rr Seer eo Sinai a iain an see wighs trot ak. + 8 concrete, etc., new ord., see ord. 23018, appendix............. 1134- PY UC DAT Les POO TELL AWLO LE Sc etc sce oiare a eins Wha) whys sha st alalgle { for cow-stables and dairies—See Dairies. vaults under sidewalks from—See Vaults. vaults, privies, water-closets in, see Vaults, Privies and Water- Closets; also Sewers. used as tenement houses—See Tenement Houses. used as boarding or lodging house—See Lodging House. used as hHotels—See Hotels. temporary occupation of highways or streets while erecting— See Streets and Highways. PTI DLSI ee LEOTIie) OULU ere tears clata a Be die wae e nade stdieiyia orb he whe a: hints on property condemned for street, etc., purposes, sold by Marshal down pipes, or spouts on, soil or waste pipes in, etc., see Pipes. sewering and plumbing—See Sewers; Plumbing. independent structures at markets forbidden...........++...--- what shall not be erected at markets.........eceeeeceeeeceees ; letting for bawdy houses—See Bawdy-Houses. letting for gambling or lottery—See Gambling ; Lotteries. damaging public, see Public Property. water-connections for erection Of.........- eee e eee eee eee enes use of water for, being erected. ........ cece eee eee e eee eeeeee water rates for different kinds Of........-:eeeeeee ee reererecees 613 768 768 SEC. 178 179 180 181 182 183 184 185 186 187 188 189 190 191 194 212 216 217 216 216 218 219 219 223 231 232 233 234 349 350 1186 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 468-542. | Index to State Laws for St. Louis, pp. 225-256. BUILDING CODE— PAGE. See Buildings. violations of, see Misdemeanor. definition-of } terms sed. Jin ace. ee oe cahecs eres © aati an Pee nen 562 provisions of how enforced by Commissioner................... 611 costs) ol correcting: violationstots now paid)... orb ee eee 611 vidlations: of, "to be reported “DY, NGHUCe.c 1 stares oc ie ete eee 611 BUILDING COMMISSIONER— See Commissioner of Public Buildings. BUILDING MATERIALS— See Buildings. . on streets, etc.—See Streets and Highways; also Obstructions. BURIAL— duty of coroner concerning—See Coroner. of dead animals—See Dead Animals. certificate for, to be signed by registered physicians............ res without. proper: certificate; penalty2 .{tn.* « ace chars 6 1055 WL Ler OCes Sat OTE COLCCLIOUNS NLONSILOW cist ciuvts bess se se Rly i lee ee es es 1055 TUNDRA COD CALeR OUR ont) Ls eg ea ire let in W El Carts is based ceed a ee 1056 deputies of, appointment, discharge, number, authority......... 1056 deputies of, collector responsible for, may take bond............ 1056 Poke ta: SHOW dally. PeCel pis FANG) SOUTCES ok cs cee c olan eo sYewin as 1056 duties of Register as to taxes on merchandise and merchants’ LiGETIBER Ts LEMIIM COL Tet t: Clr. cher eaten, Ree fans ee a a cose ie Os neha ie one: 5 1056 Bala tiee OL Ue DutiOes OlLataurii ice Warr eta loa sts whieh ew Bales eo ceo 1056 costs of office and salaries paid by, as provided by statute...... 1057 one deputy to be notary public, no compensation............... 1057 Certificates and duties as: to weighing, etC.. 22... cise ys dees pipe 1120 TOL SNTOTCE AITICIG-ON Wel DINE SCAION oo 5 tix bk oe ie eles’ oie: nce yin tee tee 1127 ao SEC. 227 378 402 1222 1423 1848 1849 2374 2540 2568 2558 2562 2564 2565 2566 2567 2571 2572 2576 2573 2574 403 435 1080 1754 2288 2289 2290 2290 2290 2291 2292 2292 2293 2294 2295 2296 2297 2558 2582 1194 INDEX TO REVISED CODE OR GENERAL ORDINANCBS. Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. i Index to State Laws for St. Louis, pp. 225-256. COLLECTOR, (LICENSE)— See License Collector. COLLECTOR (WATER RATES)— See Assessor and Collector of Water Rates. COLUMNS—See Buildings. in buildings, regulations ‘concerning e: 2. ee eee COMMISSION MERCHANT— defined os. SV Sa YBa ee aa 2 eae Sito ates a tee eee Oe ate oP oe eee license, amount, (Oath vind soks es earns ie sce case eae ee penalty, doing business without license@us- 2. es oe oes. re COMMISSIONER OF POLICHE— See Police Commissioners. COMMISSIONER OF PUBLIC BUILDINGS— O1NCe BOL RA ats “alee la daw wins canteba le eG a ote ie RRR te ie nace an ae appointments and Term. Fick. Settee ale cee nee ee eee qualifications SOD 43s. etc el reenter es ONY | amet < Hihd e- DONG: OD oe aie tacos tance tals eee Ck Gees eee ake Oe ac a ee ete SAlALry LOL aw Maw o's we ntelats Cable Rate Gi Ole ee ee ented ee Ree, eee a enre eres Peneral duties (Of. es ents cco cieieees orotate veo heke nen cnet eee beer neletaae { care, of buildings under “his, charge... sacri ee ee ee may appoint certain janitors and assistants.................... HT neatineMapparatus—-enzineers: yt weet lee eae ee tees approval ofcappointecs; thelr Tremovalen’ .winras cece ree ee janitors and night watchmen; salary and bond................ en Zineerssand Nremeny reg 20. weet te Sie cee ee ee ee other:'employes tappointed “Dy. 22%. Sec ntemi, ee eee power of removal of employes by (note to Sec. 15)............ duties-of ; Fires Chief transferred’ to. S20. a. cc eetale ete eee deputy, appointment and qualifications..........0......5....... deputy, when >to) act: for (\Commissionervs.:....8- ee ee eee deputy, esalary and DONG... iis cnvets sree alee oad eer Chief Clerk, Assistant Clerk and Permit Clerk, salaries and LnT9) 0X0 bb Pa aAaee a CMEC MUON Sn EPL UNI, i A TBE AS ek tO same; amendment thereto—See Ord. 22778, Appendix.......... Chief Inspector of, appointment, salary and bond............. other inspectors in office of, salaries and bonds................ examiner of plans, record clerk, stenographer, etc., of.......... same; removal, qualifications, salary, bond. .2...:.0..-s...se.5.. amendment to Sec. 84, Inspector of Plastering—See Ord. 22749, ADDO Xe Sicla eo al o's bel Suan Catcie iatete G oicceha tetra ao meee aoe ATCHItECLUTal draughtsman, ) Salary “ie eer eee additions) Shelnp;* salaries -)...G cee eee rete sien eee ees inspector requested by Fire Prevention Bureau............... to inspect buildings being erected, etc., furnish certificate...... duties respecting department, enter buildings burned to ascer- taineoit . daneerous,( Ot. c st eetee cee Cale ee ee ee powers of, respecting construction or repairs, and approval of DIAS HB aa ahah aly he er nis is Saree pee en olen ees ee eee ae er permit asked shall be acted on in three days................. PMETMLG TPO MI Bias ane hh Mateo eo aale hace ta ie Weta Cie ree a onto tee ets ee to inspect all buildings before alteration or enlargement........ may require fling of;plans and specifications. / wae... ee powers jsrespecting plans and (specifications... 2... dats seas { revocation of permits by, extension of permits by, cost of per- mits, ete.—See Permit. to be notified when building ready for inspection.............. PAGE. SEC. 33-34 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1195 Index to Charter and Notes, pp. 463-542. | inex to Scheme, pp. 279-286. Index to State Laws for St. Louis, pp. 225-256. COMMISSIONER OF PUBLIC BUILDINGS—Continued. PAGE. to furnish certificate that work on building complies with RATER INUR TIS SURMISED TEP Dor Chere a eis alte, oa Ga tik a Gaede es A eee ols ok 560 application to, before tearing down or altering building....... 561 PIPER URE INLILEIP POL chai giacy' si Ae ole sinia'e te'd.s. biole da eke estes ake 561 Board of Appeals—See Board of Appeals. SPOTL PER TERME RI SMP ESC AYI CONE Stage OC oI es, aoe 5 Sas hg eZ Oe ceed Le Seto 562 POPUP Larincerian used: 10 DULIGINES 204. cic ach eae cece eat 567 STI ae te CRTC LOM GH anon ales. 5 cle lvevtiomiel d Rik he ae oth re oe 568 Tin veerentiires pealtiatO. Ue SHACEC,. DOW 2. ss» «seats sels ase clethe olunta clers 580 TOMRMIO CI me mIOCALIOl TOL U1G-CSCHDCE. «....5 solace cane pe coun cuits 583 to determine mechanism of fire-doors and shutters............. 584 Meriicerrorne or povers,. furnaces and OVD). i) .).. ccc. con cee 586 Terie COL ee OMe ECO VOR TaN OS, OL sa cea okie Shih poeta allgle con tee eae ha { oral to approve exits in boiler rooms or fuel rooms................. 588 may enter premises to raise chimneys and smokestacks......... 589 Pisa Pee DeCliN eee as USTUTES: OUG. clas bese ne haere te. 590 to approve guards of hatchways, well-holes, etc................ 590 duty respecting hatchways, well-holes, etc..................... 591 may revise computation of strength of floors................. 592 PIBCLOLION LOM PeChiNG eUre-OSCADGS.: . 2 «sce Leek a oe Cahn bc ean ante 596 duty of, to inspect and enter buildings used for theatres or operas 598 duty of inspecting theatres....... eta Ade rete ede Dated sha Sots eid eh fe Oe 598 uve ee LO MALE PECs LUCALTCS, FOUC sc .6 sas ce Nie Sara, 01 ok, 8 OO |s077 1077 919 to supply workhouse and keep separate account, when......... {307 1077 OLR er Oteenl O Wirt DORSLEC ee au y as a elors e cic. wioue hale tu eae weesie ee ete 1075 CET eae Ces eT een oe one a hea ete Oe Lae dre oa ea koel ain tel Cee, ntels. 1075 BLE Feet a er a en ie ea ates eee eee ete eo Wits oe ee civic ae ea ae % one 1075 bonds ofak ses oe he oe Oe SIs Le Airco Le ie a ae Oe Py a 1075 CERUILY eA MUO UIST bet OTLLIGe a WEALALY fide cal ys obs wee sce i elec ecw he’s 1075 SLONDS TAD NOIIOL MAO DOLIGINENL Bea laly.; ch- { 843 1378 TMU LL OT Wee oe chk oi tere ea vie ce oid hee alec bid xe hae gmat 0 'h'0 wwe 6 845 1386 CSTE Cle ete TCR res fe eR Ae eo Nas wh isis bax al ais Kala 65d ace esate 845 1387 O54 Ab ATIC FOTO VELL et ALE Vie Wane he ata Sos oe ce WEE aieem 0 ws av b bdo 869 1512 to elect Commissioners Mullanphy Emigrant Fund and fill va- 901 1655 Cabo ets One ee ee I ate tiide Olas ele uk ¥ aie «0 Pee cee oa wee 902 1656 905 1672 when Mayor to send to, his appointments for confirmation..... 907 1685 1202 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. Index to State Laws for St. Louis, pp. 225-256. COUNCIL—Continued. e PAGE. SEC. when’ to fill--vacancy ‘In, electivevoficew or oo... nee 908 1689 special session of to try charges against elective officer........ 909 1695 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 .Oficer'ca; Ukr mess te eet tees aie ee tee 910 1704 removal of elective officer by on its own motion, conditions, CHAPGES; “SCG es siciw Ske ey ele eee ke vase tac e TRC LE: aeoka evel ate Geen meer 911 1706 assistant secretary of to act for Commissioners of Charitable In- StItutions soy Jessel the Hea ee ERR AET Onc Beatin oan ae 913 1708 approval or proceedings respecting contract for public printing.. 999 2036 confirmation or approval by, or: Commissioner ots Public. BUundinseeune sons ee pee eee 549 8 of members “of “Boardyob Appeals. site. sein ihe ea eis 561 58 ; : 613 Vets Of City: SULVEY Ors: tocar tere te ten ninel. eer here uses ies wean taree { 869 1511 Of \Factory {Inspectorate Corer wee iis te cicin e etl eaae es ee eta te ate 622 276 of: members. ofr Board ‘OL Healt iwem eu ictveuie ais eens ase hae 663 437 of -:City: Bacteriologis tik sue seit cea vetoes here ee ee aie 667 465 of City (Chemis tic sions cal pene ee ee ede tacos ets te er ne ana Se 669 476 of superintendents of city health institutions.............. 723 eee of (Superintendent of tPoormt os coy /o jaceteae ate eve ees We 732 vee Of ;Gity \WPOTresters 0. ay lhe uuss: nthelan eee earreoe Peer en ec onaeee ROSMRUEN Rae ghee ae 812 1248 of sPolice... aicts cian tee ve a eee permithrorsremoval Vconditions, ete. 274 Vea vee cle eee eee ee MANNEL- OPSTEMOVAL ns voters eee ed ta ees ol elbie, &, alae latatae ve ferhe Rauch aan he een NOtTZEO FDOT USEAMTONELOOU ail) OLins aot 4 cdi siesaue bet aipie tece Sek Sue eee Ce ee conditions ‘forfusine vor rendering... 12k a. os eae eee en eee penalty Lor (VlOlALION* Ol OALLICIO NON visi.) sta eicisnetc «shalaage ie eines Gumeernee not“toxube -thrownvapoutsmarket-places wi: ich... es eta ear ee ee eee ieee DEAD BODY— See Coroner; Morgue; Burial. TOEMOVA] Ol LOM sy CLC Vie ek eee See he ats ole sch eee in he ee of persons dying of certain diseases not to be brought into town physician’s, certificate..toc accompany. .s.0 i... case. 1 ue a oes disinterment denied of corpses of persons dying of certain dis- CASOS.77) Fos Ie eae lea Pe pee eco oe erates ste iaed el whe is ce veiien a eno regulation *for-didintermen prose: ce cane oe wake Mota gee opening graves, or removal of, regulations.................... SEC. 2303 2306 2307 1518 1520 924 925 926 1135 1138 1857 270 269 1253 670 671 672 673 674 675 676 676 677 684 598 678 679 680 682 1453 682 683 1454 837 $46 855 840 841 842 843 844 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1205 Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. Index to State Laws for St. Louis, pp. 225-256. DEAD BODY—Continued. PAGE. SEC. disinterment required, where burial is in unauthorized ceme- Ries AMT RUE TL lee eras a Riayat od Ele. ea ne enna OUR er dies Bh, Ph pt Lae 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 reported by Health Commissioner—See Health Com’r. Be oer ree ate Wi We EL OT ies on dee od ica treo Wee coe, eo ek eek ite 719 694 ‘ epee 719 695 Se emte tor etal Ve DUV GLC IIS, ObCe. Vel sc mh oo 8s ae Gees 6 Nis oe 0 { 742, 897 Gre ant ee mg catia ah niet d0 Xess ine aa cteme Micrel SEW alk A's aoa lave a @ Xo eeace eve. 719 696 POnb I ete GUT rOL MVOCO Lee i stilt alc is wihliel 6 Ce ws n'a rack n a ovee biboe a 744 838 DEUA VLOPrIAlULeMCOe Te DOT CEL reek eee a ereehae fs nee Pewee a oy 719 697 POLRIUCHLO LOL OVD VRECLAI Ne ci ceiceteie a © here gh tdeIe © 6 id ase, slteare ey oe, epee 742 827 certificate in case of, without medical attendance............. 742 828 DEEDS— See Recorder of Deeds. by city—See Mayor; Comptroller; Property; Register. DEPOSITIONS— FI OCLC OTL EI CONGR Mie Wise ticcsie ace arerd rans 6 se as shigcoine adie sie ele eta mats 827 1301 SIC Ge Ole CLL Va OLUICErSiiD Ve © OUNIGIEE on oi cp" F kets ak! > wiciee/labaiete i oxelaty 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 or NS CUED Bad TR SET BRA ee Ay INTE ste fs Baer eRe eae a ear or ea 667 462 same; how compensated for to employes. ..... cc .ee esc e we eence 667 462 same: \requires certificate. of CMeErgency. i. 5. ew eee ees 667 463 of residences from contagious diseases, etc..............+-2-- 736 803 Clee DOC hem ben LDN Ge PADTALY: cates ul tiie ciate stains shale pinieoae oo ala, sls o's s6.0 737 806 : - EuT39 816 of rooms of consumptives, penalty for failure................. 1 73 817 DISINTERMENT— of bodies—See Dead Body. DISPENSARIES— under the charge of Health Commissioner.................000- { ch hy requisitions and accounts—See Health Commissioner. duties of physicians at, as to insane—See Insane Persons. epiablished by Health Commissioners) io. ie cde casi ew ek 730 767 chief physician to have control of insane in jail.............. 730 768 SAIATION OL ALO GUOCELL LOREAL walt: oct sine is Oa vie Gv wialeiane' «eis afb eel eke 730 769 may prescribe medicine to Health Commissioner for sick or THOIEOT Ga DELSOIS toe ee ai are ee wes he os ous doh cs wate viele 730 770 SHlErled) OL -OLUGCCTSs GUC CHIDO V COE AG so Sir iiestle on 4 she uc. cobietele bie’ 750 872 FEMIDOFAT Yi Olea: SAAT ICSE AG i ee cee fos yy is ties «aod sn daly kids { Ge ate private, regulations—See Ord. 22998 in Appendix............. 1142 1206 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. | Index to State Laws for St. Louis, pp. 225-256. DISTILLERY— discharge: of: foul"lHauids from: = o2o a ete ole ee a ee or Cee DISTRICT ASSESSORS— for all provisions, see Assessment of Property. DISTURBANCE OF THE PEACE— decisions concerning—See note to Sec. 1537...............200. misdemeanor—See Misdemeanors. DOCKS— . See Wharf; Wharfboats. DOGS— not: permitted rat-imarkets cthy 2 oye ieee earn ates ere me ap ne ree Se counterfeiting. Wlicense-plates PLOr.2". race oe eee ee aa ee ee eee not permitted in city without paying tax or license........... decision as to right of city to impose dog-tax—See note to EGE LOS TAP Sishe Wi tare tralia Meteora Ven ete 7 OMe ed ROE Upto Meine arte al em ta AMOUNG OEM CAR VOM ss Sie, epee take airs ea ae Peete era eke bal aad ay Caen eee tax-plates .tor, rezulations: :what.towcontainye.uc. see ost eet delivery,» of :tax-plates, | Certinicater.. Vues tec uwteus perebteenee = tte ae owner to. vices wala’Gul st acclaia aie Ste c-cue Aw cid 1028 2160 PEOUVUS TANCE Hae ELC OL. Sil DereedG [occ aiocs sis Fou artiel a olblelgraueleiell’s 1028 2161 obscene or immoral pictures or paintings in, prohibited........ 1028 2162 Pree OUsese Ole DTOUSCILUCLOl, op TOUlOiLed <'.)s:c-haisfa'e wie charade wide ested cn 5 1028 2163 Wachee SEULCIOMEDLIBOOINEAT ONG ote aij ctche asad ud alee wile ore eaten es athi nie 1029 2164 duty of License Commissioner to enforce provisions [super- COUNSEL yy acme ia Be gt espe TM gr ol og ah Mel an ae CE, 6 et NUE ee RY Ry 1029 2165 Mere nalts ma reticle tiOCs NOL ADDLY) LOaied cali cree « 22's clarate 0bS evel p ls at 103 2205 DRIFTWOOD— SUM) ESL EL ome Tiae VAT Oa nae RRs ate ik ths v0 tita's, a a fk bSwrk ove Bia acu ele whe a oe 647 367 DRINKING FOUNTAINS— TILT UT OL mL e TS ITI LOI Clas ClO. eters ats foc ceure sters 2's sc 'ohp ayaust wl 6. u Biases 620 ail POU SOI OVE CLI Olly (ime. tence © Uultsa ete iatere sek aiute Glaldbetgcelle so skole 6 620 272 CO Le Ot SLOT OTECON LLM UAC Oli rare cits, erelthc ee ieNe Greve io la. e asd Geeta wi wi 621 273 POGIMmIPOUNLON Mm IAD DCAD Leh son. atin Felae abies #46, aie wile’ aly avoreed malo 621 274 BAA OCIOCUG a TTR VP CLOCE ete ote y Clitels a nlite ache stetelel sels waders serene cis 621 275 ateachinentss dr epUublic; with. cily” Waterr PIPess uiiuyecie kien ec ees 8 1108 2508 other than—See Fountains. Wah CE ee TELCOS ee ere ee aE, rash Aol clot ey iele alate lvleiaheres ala Glow 440 ete 1103 2487 DRIVING— DIP StU Gy Ali ISGOINCATOT auntie o pirtetir +. « koagere a ai inde Siete e's ce Mae 8 6 805 1210 PEVIIR EIA eA UC ERT AT GUST eel OF LOC CD as shen Mode ioraie bro aspos: ALSOP «25 aa (ols & o> oleted eiatura wed iere Bust een 591 170 Sey ISN ES VOVEL, Fees slsig Sane soc odes ets oie e's bse cavemen GPE EY pet tt Met enema nnn 592 172 Huildingseeast, OLmwharly lines. 2s c.7. cs Aina ee eee eae oiahaee eee nee eee 643 349 Inspector of—See Boilers and Elevators. inspection of—See Boilers (Steam) and Elevators. water COMNEeECLLONS 101) Trezulations su... os ule are sa win sien meeece ae ties Beek 2522 EMIGRANTS— p 4 ‘ f 904 1668 relief to, from Mullanphy Emigrant Relief Fund.............. 1 905 1669 ’ EMINENT DOMAIN— See Condemnation. EMPLOYMENT AGENCIES— See Intelligence Offices. INDEX TO REVISED CODE OR GENERAL ORDINANCES. s 1211 Index to Charter and Notes, pp. 463-542. Index to Scheme, pp. 279-286. Index to State Laws for St. Lowis, pp. 225-256. ENGINEERS— PAGE. in public buildings, appointed by Building Commissioner...... 550 at Four Courts, Court House, salary of, and of assistant engineers 551 civil, appointed as city surveyors—See City Surveyors. Et) SEABOLCIEY LO DAT cIiGiits SRLELIOS cock as ce cited Ae aa ee oe 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.... 1068 ADULIOR LIONS eLOraiCconsesi TALUIALLONS © ClO rors alles clas v ake eller .a's 1071 regulations as to, in charge of steam boilers and elevators —See Boilers (Steam) and Elevators. licensed, to make semi-annual reports, failure, penalty........ 1072 ENGRAVERS— 1051 PHrOvVisioOns-ang reeulations-as.to licensesaby i sietck een ake bl saee ss to 1054 mennition Vor. sey 2 erick a ion de Sears A WME TRE RP. Seas | Aen ipa ag 1051 ENTICEMENT— of girls, when misdemeanor—See Bawdy Houses; Misdemeanors. ENTRY INTO PREMISES— See Right of Entry. : EPIDEMICS— proclamation in time of, power of Mayor and Health Com’r.... ue quarantine in times of—See Quarantine. landings from common carriers coming from infected parts.... 741 ERYSIPELAS— See Contagious or Infectious Diseases. ESTIMATE OF COST— See Public Work; Ordinajces. when endorsed on ordinance by President Board Pub. Impts.... Spat when made by B. P. I. on complaint that public work being POLGeUr Ve lean (LOL O Pee rae mccrt one ohrcathy, dinar tae alae nig El okt ce akets 972 ESTRAYS— See Cattle; Marshal. EVIDENCE— records of Health Commissioner’s office presumptive.......... 665 SIPC L ITS LLL PCL AME EY Td Li eieg GLE sretee st teh ere ada pales eo cess oe dw ats Go ceed» 172 BVMOSUOEIL LOU eer OliCOm © OUTECCARCS el. foots esdse gs siete, Ue. Sve wiel leva era ks 827 of ordinances, etc.—See reference in note to Sec. 1414.......... 851 burden of proof in junk-shop controversies.................. oN 889 PUIE TULL ODMRV AE EOC Fores ie iris i eleven! stn e alee onetare Melk cele the agin she 897 in trials of city elective officers before the Council............ 910 on hearing of complaint of defective public work.............. ; oh on hearing before Board of License Revision.................. 1015 Ol PAVMENLvOLP Speciale BG Walrtar.> DILIS Voie. crea etslas 5% Mie Wise a eae kes 1059 proximity of weights and measures, etc., to articles, use pre- BILBO isa eerie Pea eee CUB a cit aviators tse re sik 6 6 pia wand his 1115 EXCAVATIONS— POPUIALLONAY, COMCOPIIIIS.. atime ITE Hl TEL me Gicsry nis! a Wigs ace ie eGR Ss cd 567 depth of, duties to adjoining owner.............. A yh ek ea 567 Ti Wee AB LO SOGr NOLO TRE SOC eas aco orice S walk se Gk vale Sin cates. a8 568 PEON is LEOLILTeBLICCLIIe cease eect ase wid Glee ia et Aas «Gan @ foie Venie we alas 568 SEC. 14- 17 872 633 1501 §22 1920 1925 1212 Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. Index to State Laws for St. Louis, pp. 225-256. INDEX TO REVISED CODE OR GENERAL ORDINANCES. EXCAVATIONS—Continued. PAGE on. whart=prohiblted. ree ta tbe eee le eee — 648 in streets and highways without permit, prohibited............ { ne in streets, alleys and highways, when special permit necessary 763 762 [ 763 in+streetsand ‘high ways,*reeulatlomsts 23.6 cece sccis, aioe aioe ee 806 808 lo be in’ sidewalks; -MmustiDGEeDrid sede OW <... 23. sc race, os slave's ote s ete eet ne ie nies 762 in or adjoining any highway or alley, to be fenoed atic). tama { a“ red lip hts Tor eatin Ue ci. cs ote Werle stale bs ete ie ee ee 763 ‘additional regulations for, in any street, alley or highway, fund for expenses to be deposited, restoring paving, expenses of INS PO CUL OT ater oer ponte eo eine le eae die si gOe Nera, Ree ete 763 withdrawal of fund, withdrawal of special fund................ 765 filling, inspection sariveway -over trench, -6lC-2., , on Jee eee 764 for -telefrapnes celepnone Spoles. (CLG 2 oi a ccs cet oieietea tere ees at tole wesc 787 for public work, must be protected, how, or misdemeanor...... 806 or holes or dangerous places to be fenced or filled on notice from StreeGr ComMiIsstOnerw oor ee cise aa a eiecube eras pene pag heats waded ts oe are 811 in highways, when Street Commissioner to fence or fill........ 811 SAME? OX PENSS FOL AO WDALOR ayes cis feel etahe aoeie se slams at ake Tetaetee nye ae 811 for stone quarries, retaining wall, failure, misdemeanor........ 882 connected with plumbing or drainlaying, or Sewer............. { aoe Tor “Sewer OT Water CONNeGCLIONS. .. 22 se oe ole ck om ae vie en nies Baek 930 ordinances regulating, to be recommended by B. P. I.......... 968 Street Commissioner has supervision of all................-05. 975 what subordinates in Street Department attend to, and issue METMNITS MLOV i eects bute weal Aina C koa s, Boos ee eee faeh ek ote oie ate aeons 979 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- LTee immoral.orsindecent wis) misdemeanor.’ 2, ae ee ee 870 permitsirom: Mayorsberore, license...) \s... 7. eee eee ee ee ae ToUundapouL eoreiiyvine. horses same: . i433 2 his eee eee ee x licensesfor= roundanouteor fying horses... .v..86ece eee 1052 evidence of moral character required, etc., when............... 887 ramblings 70rcloUlery ac, misdemeanor..:.: 7 en oe ad ee 887 Trevyocatlon ROLmliCensey 1Or 2). 2s win ethos 4 Bhan eels ee OR Lee 888 carrying on, after license revoked, misdemeanor............... 888 no dicense for,dramshop sat places?for, whens... 7. ceee eee 1028 LIGONSE BLOT ITE CULTO aire ce eters 4g danchome dea hc et ake tal ee ees 1051 Cefn Lion cece teccev oath ere AeA Sk se Kies cle Le wate ies ot ee 1051 AMOUNEs OLETICON SOM EO Lette ss facies tek oie arti! «/e hohe bee eee ee ee 1052 duration of term of license (Ord. 22576 in Appendix, p. 1162), ISO ich ee aie ca raceakes eis etal sais IMU e Sue aha ep cle te se: Ohare he eee c hate arene es 1052 ( 1052 other license “provisions concerning eo... vw 6 wa el ake ee eee to : 10538 application eior-icensen MOWi dade teenie... ciete sis es oot eee ee 1053 duty of License Collector to inquire before licensing.......... 1053 petition’ of. block residents swhens as ten eee bee ee 1054 SEC. 369 921 926 926 922 926 1211 1224 1239 923 924 1238 924 926 926 926 1128 1211 1239 1240 1241 1563 1793 1794 1798 1913 1945 1949 1516 1593 1606 1593 1606 2274 1594 1595 1596 1597 2159 2270 2271 2274 2275 2276 to 2278 2281 2282 2283 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Scheme, pp. 279-286. 1213 { Index to Charter and Notes, pp. 463-542. Index to State Laws for St. Louis, pp. 225-256. EXITS—See Theatres. EXPLOSIVES—See various names of explosives. FACTORY— See Building. Bie CoC Pie eae Cs ee cis eee id a ul chur ikbe wid dais ON ose aly ee a Beek ULE Cet ee CMU LOPE Ll RTL eons lan ala are cheater afwthia aera ela 5 le Giake for bone crushing or burning, when nuisance...............;. soap, bone, vitriol, or rendering factory, tannery, candle works, NO Us LOn iat a ree edule WASLO ITLO! DONS 6.0. ces ss a ce wives oo elels discharge of filthy water, etc., into street from, is nuisance..... soap, bone, vitriol, or rendering factory, tannery, candle works, , etc., not to be opened or operated without ordinance....... 1 DC Witsoe We MARL LOSE Gee TL IB CLCUICALION « ae.c..c\0.d 00s. a5ars: ete. t ointeue ohels «im wrarere { FACTORY INSPECTION— factory inspector for, appointment, qualifications, tenure.:..... SrA CEST ET LO Mere Peet ais AG 2 fogsia chee oo. e's shoe al avatele atere Mare siacoie so dire inspector and employes to give full time to duties............. powers and duties of inspector and deputies................... TEMUGMINAU CM WHC TIC Dye (NC ELOIT. Wir as gece ore ok 63 wid bo eeetal ee wlaje tales ERP UCAL Gay OGM eG tie wie ard c Lik its es IUA Clad ek occ SL em eke Salaries of inspector, deputies and clerK.........0..0. 002 dees DONUSMOLE SATO ste. pe ein ee tte Gate hye AN se Poe te aE MACE Wer eC tate tases erent tee NO ak Ne a, al cages wile tage wh Kaci te oS nm elise Ha ended VEUCORO BTN SNGCLOLMINE CLL VEL Allert va otis dP irciee sad oars a ort sts ree FALSE ALARM— See Fire and Police Tel. Dept. FARMERS— wagons of, reserved at markets, for sale of produce, etc........ nou to be charged: fees (for selling produces... ooo bee Tae cele mOAGHOLADTOCICO.s NOW scans Osis at id Seiacedlec diet heae may sell produce, vegetables, fruit, how................20ceeee ordinance against driving cattle not applicable to.............. wagons to bring in produce exempt from vehicle license and MME DAUCOLc TALUIG GMa, net Lie Giese Ofels Micah ih Sone weg whe cone Dials Gave Ss same; exempt from vehicle weighing article, to what extent.... selling their own produce, cannot be brought within ordinances on hawkers and peddlers, and license requirement for farm- ers is void—See decisions in note to heading of Art. 14, Gib ges 28D ue erie BAP eo ne a a FARES— See Fees and Rates. FAST DRIVING— See Driving; Automobile. FEES AND RATES— See Salaries; Wharfage. PGES POCULOUMOUROUT LOGINS orice tected tee ates EPs SNCs bere Gaps ced wats S02 DO—DAIlIe De OrGew OLE COM DULLGIN SS wig cule yccetcidle vigiwhs so suaise a ene ODE. 2D PEASE LOM is ORE OL Tee) OCIS Gath a Cs feivhe Wk cele er © i ssa else due JYare EP CELLO Ly VES crete eae io tee dette: 2 a) he Sha pats ley) ade "Wise buss ee ard Die SLCNOSTANDCRELOLOOLONCI ia i Nek this ce cacyitce-o: ote Pate eels mela DOBL- TILDE GGT ctecetine fy srcpe eh re sete veccone blag Pi se cern cin tank wi chs orwial Sak, 2's fei, Oeics a's COMBI UGE ie ee ee eee eee rd ic oe chao eae ie Suen shale do whee 8 arsl ware ee BEBLOMEN TOLL Vit COLON bate tates Prete Ca alt aleve le cert le sie nic Se, POT erACLOTY. ci NSDOCCIOL ge ae seokt ciate ine aie be eee one hes iw che Bella ee ase le wis PT MINCHSUT US me TITOWOOU wc rt aieets = ainte ona ca ely Ghee vie Wala Asis eo s-0 1 PAV INCHSUT INE COB LoOle GONG sir aito statis A cicke: TER giereck sahere & babe oievelnls mii Stil CTOAML INSPOGUION. VOLGe vacate os ahy efsie a, a oln to whels w) slersle la eaves PE ROOLTIONL LOXCUG ICOg se aie scele pists Seiciteels eA ain UN Sib algia 4 ote gh oa 8 of arbitrators fixing price of conduits purchased by city........ 560 560 561 614 616 617 617 617 623 633 656 656 673 690 783 SEC. 138 571 576 2313 604 608 617 625 626 1543 1544 276 276 277 278 279 280 281 282 283 284 1424 1429 1451 1468 1574 1838 2566 55 56 59 238 251 254 255 257 280 326 401 402 493 566 1104 1214 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1 FEES AND RATES—Continued. PAGE. appeal ‘and’ other; in’ Polices Courtst. fen o OPE Pt fre ahs SF oa: 821 for summoning jury in Police Court, when Marshal disqualified 825 what, assessed on. Conviction. . ek eee 825 of juvors:-and, witnesses .in [Ponce Courts: 22.4. «sic ania ee 826 witness; in Police -Court.; claim ior,“and (payment >,.5 5 ees. eee 826 payment: of fees ‘collected Eby Marshal nce. os scot. see ree a eae 833 of grand jand {petitions we ws ee acl seis ane ee eee 834 claim for all jury and witness fees must be audited within year 1087 to. Market-Master ((omdo “wel2nine icc. ic wis sate 2 sida ee a ee ee 857 LOPS OSTLPAYS ec iie So eee eee oe ook ch Bare he athe eon eae eae eee ee 885 for, Dozg-Pound' Keeper, redemption’ of -dogs). .02s% 2.4.55 eee ee 899 LOT, TAKE-UP KOLA OSs ee fie Soctchets’shs ele oe ievc one nile ns bee insets he eee Pee 899 derived ‘from-impounded “dogs, Show paid WF sere eee eee 900 plumbers’ examinations—See Ord. 23007 in Appendix.......... 1150 PIUMDINEG INSPECTOR SILT, © oye vehal eee re cle sual eels ears ie ee ee 929 Index to Charter and Notes, pp. 463-542. Index to Scheme, pp. 279-286. Index to State Laws for St. Louis, pp. 225-256. for licenses—See, under License, the particular section provid- ing for license. chargeable *by “public eporters.’.... 0. oy ease ose eeu ai eee eee 932 allowed by and for hackney carriages......... PETA Ten PO eae 940 rates allowed sfor* one-horse vehicle. 2.200. Ueno, te os een se oe 940 for. svehicles c¢byethe Vn our. sk oe Sa ole a cee ere es ce ee 940 for vehicles, “when anay ‘be doiubledsii oe niacin ie ence ee eee te 940 for ,Onini buses soo Stations: oo Ocarina ete ee eek eens ee ee 940 OF HEUTNIGOT SS CAT eee kticts, + cite «nue aks OTe oi eter renee, ree ene hee 941 when to be posted in public conveyances, regulations, etc. (amended Ord. 22899—see Appendix, pp. 1154-1155)........ 941 violation of ordinance on, applying to vehicles, penalty........ 941 attenipting ‘todetraud |: Cap-owners ClCe occas cht sc ewtcere euler clots ae 941 943 overcharge for Se "OF VERTICES MRCL Om crt. cua teteve abe Geena eel renee renee ee to 944 collection and payment by Recorder of Deeds.................. 1003 Ofy RESIST 4 Sie Aa ae ete ee LG a tate satin “ohne lee oes Re ee oe 1005 Of¢ SewerwyoOrk” inSpectiony sgh: cps cahals ala Meas te balvtein eta eNsua “ete peuene 1058 for: licenses “tO; GCNZiINeSTSy i. = ahs obi cede ote heteteice ea eotte shateae te hte 1068 for inspections of DONELB es we fa cle.-ieks epaival ele shaun ate ee eee ee 1070 for: ‘inspection Of SeleVAtors 2c. lak scocis «bao Wha ie nts oe eee ee 1073 tow be; Dald into "City ALECASUN Yana 23s tetele bcs «cia eerie ee ce) ete eee, 1092 of Inspector of Weights and Measures to be paid into treasury 1114 of swimming. baths or ‘schools,; on certain days<...2.454 0... ssw. 1099 shutting /off waterstoemiakeorépairs: ce .%.. 6 setae ote eaten ie aes 1111 fel Le 4 , 1115 of inspections of weights, measures, scales, €tCl. | 2.5%: tis canis oe } 1116 | 1116 for“ weighers” ‘certificates+from =~ Collectotiss sanedae a wewie ste aie ale 1120 of: weirhers> for weighing eo cs Gee ae seek Sees Lees cia 1124 of ‘city-cwelzhers.on portable (SCaleés wisn oo. cite ae acetates to ost caeteunhare neds ce 1128 OfeJUM Der CINSPECIOLS Moris cs ee week a, dle ake Cita SRE ie et aneeee ee eee eee 1130 FEMALE HOSPITAL— two fire, departments Men ale sis cs othe eee ote pee es eae vee eee iene ee requisitions, etc.—See Health Commissioner. students, + When o ROMITECH . sisi da ois, lech a aie chee ce sete eres yetetecese WHE aie { i OPETAatlOnS. AT hc ciate ete od ta ade eae Paste: nildeda: cual a-diue’s hecateies Gaeta AY che ree ean ane eee 722 clinical slectures; “wher lor biddeniae. a ons sos» ot tee erent. Mian erate 722 nurses—See St. Louis Training School for Nurses. salary © OLMMUTSES) LETC He cunle-aiacs ahovatctevene laid v3, taro. dca Suauete ie ue ener RE 722 same; additional nurses—see Appendix, Ord. 22935............ 1144 convalescent patients «may lADOP Al ad foie cs aed aide Puch eke aye ade al 723 SEC. 1273 1288 1292 1297 1298 1331 1335 2412 1439 1581 1645 1645 1649 LIST 1807 1823 1824 1825 1826 1828 1829 1830 (1831 cu Sao 1832 1839 to. 1843 2053 2062 2303 2332 2336 2359 2439 2531 2466 2520 2538 2537 2539 2540 2558 2568 2589 2598 285 288 710 713 TLL 712 715 716 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1215 Index to Scheme, pp. 279-285. Index to Charter and Notes, pp. 463-542. { Index to State Laws for St. Lowis, pp. 225-256, FEMALE HOSPITAL—Continued— PAGE. SEC. aU PITA UGUCLET US it Sc, co piete purse oT AG ae ale RCRD eae eae oe lee ahaa aru owhe. ates 723 aM: é : 123 717 superintendent of, appointed :by Mayor....3 2.0.53 ccc ew wane eae } 868 1509 Pi Chee GLGe RIDE DLA CE MLO Tiare ea Wii Or, eee es Steere MA nie ee a Wh wens %s 723 718 BALATYs OL cHUDerHILeHnUGIIG POle cur fre aeraloacas ak aele bled adhe as 125 719 power of Superintendent of, over patients................0000% 724 722 DOWER Grew O VOlweeiItty LO VOM tated k ark aie ate tote baci click a tate vale Mah gone 'S oe« 724 723 time of Superintendent given to, family board allowed........ 724 724 BSSIBUH LL CHEOM PSITUORSIELETIUOTIU Tra, hi, Yoo te eine weve es ok lets 724 728 formerly “Social Evil Hospital and House of Industry”........ 125 73 SLATE TEN eee eral mite crete vette © GA ate ae oe deter cl tis! Boece «taal ae esarthe vase weelere a 126 734 Sea EMESE Od Vet Parte LOI ALO 2 etait tsi ited sv ere tenia boat. .4. vee. eee ee 646 365 in market-stands without permission, prohibited................ 860 1458 city-not.to. besiiable tor-damages\ ior, ele. oy i. tl ae eee eee 961 1884 FIRE-ALARM— See Fire and Police Telegraph Department. FIREARMS— not: to bexdischargede withoutepermit: 28; v.. 000% « eho een ne 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. bé: sold .minors: under sixteeny, {6 sakes So eee 883 1568 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1217 Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. Index to State Laws for St. Lowis, pp. 225-256. FIRE AND POLICE TELEGRAPH DEPARTMENT— PAGE. SEC. puealree co. We. CONNECteU NIWELibe st nto r eins tLe re cae raed. Waa 600 195 DLE RIL TS) LODO BATT aren cae tere bey Ah ta adie 63 306 FER CS) aa ESD MABE 9 Seditelis Reagan ALE ok eS AN, MI a Raney a Re a 630 306 BrDerInLenvent, CONITOLMD VO ss. 20 ee beer ep ee eee 630 307 DOKUMOG SUDOTINCON Tents we co. colt. Ce tee, ee yyy Yaa A 630 308 appointment of assistants and employes in.................000. 63 309 WALI TOLE CIUDIOVOR ania ss otras we hee ok a Rie oe Stee oe the we 30 310 superintendents -control to. direct. -‘men) ete... 0. ei oak ee eee 63 311 control and power of superintendent in general................ 630 312 PECOrdS hye Dvr eT OCOrd COL Te BISTMISd ss Mote ce no bel caw bee uae 631 313 Die rueeto DEVE LVOI DY AWO OMI atl sci e cite fondle clete a abies 631 316 tampering with apparatus or making false key, misdemeanor... 631 316 , y 5 631 316 PoIbeat ina itirey MIU OMeANOMy se oe Lie Silke etchant cle tere wa { 879 1545 BALLOSUOMAGAT OM AIRE TY! he eS tes gs yc ae ede EN OL aah ae Rok gay 631 317 Berea Om mece ON) MAD ocr oats a ehd ees hea see a ahve hecee AIGE gia'ah Bias antics 2 632 318 Hartera *OuUse gato SUpelintendene OL ets oie vile. ce beac late od 632 319 wires of, may be placed free of charge in private conduits, etc... 781 1100 interference with wires of, misdemeanor...............ceescces 811 1236 MIDE ICONNeiE AGks ADDOINLOOR DY VAY OF va calc cities Radley os. lee eurulaks 868 1509 FIRE-CRACKERS— SVC TETRUPLT MAT OL Srod BAS INRA all a, er ae eae IA Shar ger Rt 612 230 FIRE DEPARTMENT— duties of chief to inspect buildings transferred to Building Com- SEER EST CRONE CES giants Eye ei mae A eT Cae Be BENS We nar RAS ooo OAs AU eet coe 553 27 right of chief of, to enter theatre buildings to inspect same...... 600 195 TUDE RGOMICULEH wiht = LH EAULCS tae eta Mish sare wo slcc keto vce aient ue 601 196 SO GELEOU ET Ol SuWUAbCOLNCOTS ANG MINOT oot .6 vis Svohereie ole, oat: ecbtel ghatetd,« 624 285 TTT Cumest ett MOLEC i ome erat Rie em UR ee iat MOT oie toe tts | 624 285 IA LUCAerOl OL CNH ANUMOLECOLS FIN the bso cn ng, alate: oi dlaane\n'9t ohn 625 285 amendments to secs. 285 and 287, ord. 22809, appendix.......... 1139 SHEL Or sdUaliucaciOns, sDONG, COMPCHSALlOM ..c a. 6 a oe ds aie a's ccele es 625 286 assistants and employes in, qualifications and salaries.......... 625 287 PROCES a INSULIELOLLb. s GU LICSLOL SIIOTI vig seat bel oc 'e ef 627 290 628 296 DeLee EME TSE LINCO AIO Yca UCL WOT ee ete ele ei steve > nie ay Fc es ies ehedy (pate dow ohei'g 868 1509 Per A SC UIOTE MUGEN LES IV ee coca serena whe Sek Seaiviege ale © aeck letnleseus- ays 627 290 PaO COOLS OCUNOL | Ot rite gots e alate, © ore oe se camin el ww aterbd Sp oS care 627 291 LCC SLOT eal Pete Tile ey oeat chante ctche a dihvicdit shin, Aisi aii cath we arse bs wie das 627 292 CULE eee CMe ON CT eV) Bc er rh, ty Fane oo oe alg polls el oh hicsin te dete oioeSel uel «..0.)p1 cla (a, 627 293 MPTtsed Tete elevate tat OTL OTe O bate ie) raat ose) eye sais al Saiee "eee WR eh Mia inden y 627 294 bRahiob a sats Ole Weare PRES Poche Oko. CRS Se eI Oa a aan oy ge Bae oe area 627 295 HoNceROO Mer eso Cie Le BEM Assi SCAN US 7 eis not cess a/tgh ds nye ayaisitid wale eke 628 296 TAL IClesanOLetor Pill OVECe NOSE Ol pra LLLOS2, ons en hclern ie gna ly p euk es 628 297 fab 628 298 — MTLIMY Of... . see eee cece cece eee cece eee e cece eee eens { 628 299 eT i-TATOtaLO Ue eek hea eo Brie 8 en eaeik tess ebb Rok PhS eee wick ovine hy ale. « 628 5300 Tight. Of away, PAramOUNGLOSSLICGls CAPS 05 i i's eee. diac 0 ae 6 os) Bie! sa) 961 1885 PAST VAL. Vo COP LLY Os bade ae Ge acG IE ert You only Fine ta lad whe ly shades «hho, « 628 301 street cars to slacken, passing engine house................... 950 1864 IARI OT SU ATIR EES CAULS OUI) Wok err he oe. ble Marg ain wet Cc acahete ls o.5' 629 302 payments of salary during SICKNESS... 0... cee cece cece s ences 629 303 act for pensioning crippled or disabled men of................. 629 304 wated plugs, unlawfully opening or injuring................6%. 1101 2475 water-plugs injured by sprinkling contractor................... 770 1072 water-plugs or fire plugs of, street commissioner may withdraw oe OTTO LCOULEAGCGCOL £ Hae Fy Xt PRE a. WN bie d'aC ciate) o dye nel Ciatarele UBeTe Rs 1218 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. FIRE DEPARTMENT—Continued. water-plugs, under charge of Water Commissioner.............. vehicles of, how marked..... Ce | a @-@ @ © © Se ee 8 0 6 © 6 6 8.6 6 0 86 2 6ke 6 4s ee Oe 8 & (6) » Gy @ othe 0. 8.0! 'e 0 0 07 Ue 6 6 0 (o' F)6)S Bie sb ee 8 64 FIRE-DOORS AND SHUTTERS—See Buildings. wHoen “TeQGuITed Vise se. eae ee inside .ot- puilaing eins eee to be closed at night, etc..... FIRE-ESCAPES—See Buildings. in buildings of certain kinds. > © 6 © BS @ © 6 0 © 0 0} 8 16he @ 60 6 0 +P 8 60 8816 © 6 » @ jee © © @\\e ‘a/6 0. © 80 0 6 © 6 Ge 0 = 6160 6 = ele 66 6m St © # © 6 6 0. © 0 6 6 © 1s 6 6: Se @0 6 © 0 6 6 3''4 2 8p @ 6 © eeceoeeereeerr ee eeer er eee eee er eee eer ee eee in .connection. with .stand-pipes.: 2. 2. eee alae eee ee to be kept unobstructed..... duty to provide fire-escapes, rope ladders, etc., in certain build- INZS * Lee Stee ee Ree e 8 € @ © je @8 6 ‘one Je «a jn ‘eis jae) 6 6-0, S 60 6 6 e © 6 8) (0 eevee eeeeee eevee er eee eee eevee se eevee posting notice of compliance with ordinance for................ in theatres—See Theatre. FIRE LIMITS— poundaries “Of ia, eee ek eercwvreeerereeeeeeereee eee ee ee ee ee eee ee what buildings allowed in, and what ‘not.................-..ee- frame buildings within...... eoceteeveeeereere eee eee eee eee eee eee eee hay Soristra wa within now: Suarded mien airs «ka tile obictestels veer petroleum, cotton, hemp, naptha, benzine, etc., in............... FIREMEN— in Four Courts and Court House—salary, etc................4-- composing fire department—See Fire Department.............. qualifications of—See Fire Department. actiatiectine -crippledsor misabled tim. : ons s &@ © 8 0 0 0 0 6 6's 26 6 le eye Oe yard-keepers.and “vendors, duties of. = 1. 01. 0. 2) ete a eee ee fraud in selling, misdemeanor oS, Be. e068 Ss G SO) wp ie fe\e) G) O16) b) OL a ee) oe, 6) Sene 632 632 633 633 633 633 633 656 633 633 633 633 SEC. 1958 abe 2013 2347 2379 2473 141-142 143 144 138 139 140 189 190 66 67 67 68 226 232 232 17 285 304 37 58 320 321 322 323 324 325 326 401 327 328 329 329 INvVEX TO REVISED CODE OR GENERAL ORDINANCES. 1219 Index to Charter and Notes, pp. 468-542. { midex to Scheme, pp. 275-286. Index to State Laws for St. Louis, pp. 225-256. FIRE-WOOD—Continued. PAGE. erie OL ATRL CELI CI? Uap seta ko: 9. & aie cha che Wie pk whe aid bala: puosh ala e's 633 wharfage on—See Wharfage. receiving, measuring, collecting wharfage—See Wharfage. HISLTIC LH LOR VeCel Ine eNOASUring. MELO. oS eardsen dare cig Se ee wh ae 654 apeeith titra bha@ Uru a., tigdie alergs Aes. iri nei tires Ti ch sere ieee eee 655 selling, after removing from measured cords, misdemeanor...... 655 TOMAMMS OF WHAT WUAILAZe: TALC. oo eee ce ete ce ee hele wes 655 TIM OOITTT enti VOTIVE CE tng to oes Sais ele De alata es ol OR w ie Gale Ha 655 CS PLL SIC ELIT ALEC tend corns ac ia caie ok Wee ine eels, eee Cia pe ea aie 656 MUS Dero py ecora unless for private US8e./) 1.0006 orto weaned s 1 eee duty of commissioner or. deputy to be at wharf.......0..0565%.. 656 duty of com’r or deputy to measure on request...............0%.% 656 NO Losuo, ro wEon sldewalk orstreet:.cc7 fin CPs a UDR 808 ACO GE LOI Va IC ESOL ahs 8eabarate se akdlo Wie lo eis Wis Ne eda ae edn Hees 853 FIRE-WORKS— AES ( 612 ACEP ea 0011 Cel eee OU Ge eee eS org Nil Susp tgecere over three, years. 70.0... 6.5. «eae 915 contracts: for may “bevabrokated . 4.4). sek ore ee eer ee ene 915 what city officials have full supervision of such................ 916 pay for, when ceases; appropriation required................e0. 916 orphan asylums payohalirates ftoriwaters scl. oe vos eee ee ces 1106 establishments for or orphan asylums, etc., regulations, see new OF) 22998 a VA PDCNGUXe sc foe ells okey tral hs Gee ome Cee ete ae 1142 FOUNDRIES—See Factories; Buildings. FOUNTAINS— provisions for drinking—See Drinking Fountains. ON sPpremises=-—WaAler-Tates we ce Clee a see ce taiene We aoeea dace academe cence eat 1103 attachments with water-works pipes, B. P. I. to approve pat- TOL IV FOL ak caste eee Ck SAE Ee ae OIG MLR aca >, Lue en ana, crear enone vee 1108 FRAME BUILDINGS— See Buildings; Fire Limits. FRUIT— TNSDECT] ONO lode, obese ee ecieestic wpa eeu a Greater ser Ohare lanewe wae eeta sa ter het Coane eeR ean 686 LAINTE COP PSDOTIOM om cuctscececs g eeatene end Gace ae nae aie ice a mea ae ie mere ae 686 SLING TSPOUSG ase ek ale alas eel ae else hao rere eee ie Stk see Ener eer 687 stands for selling, occupying sidewalk or highway, regulations... 807 throwing, “on ‘sidewalk, ete. «misdemeanor. ox 217k eee eet eee ees 807 sellers of, to keep certain ordinance sections posted up.......... 808 sale of at markets, need not be by weight, or stamped, etc...... 857 sale of.at'= markets, outside of market-houses 0725 os een alent ole 859 sale okie twee aie a oe bee kas } 744 836 744 838 right to enter premises—See Right to Enter Premises. abate nuisances—See Nuisances. POELLELE WORLUS CE ORIOLICE MO) eee men Ase Sloe 2's, coke hatin alia Wht ce ete tm) a:/ubiaiheilel favere 665 451 records of accounts, documents and papers to be kept by........ 665 452 same—presumptive evidence of cCorrectnesSS...........0..e0000% 665 452 : . 665 452 ER mrea ad Cee Tl Leen UIP pe Ge UIA C LOTSA otis e cece BOIbe «chee woe, GPE Gv oe iciallel eh otl ed { 665 450 IBEIMCCLL US LOtEe ree Peano ene We lel ghais teas Ae bc Abs au seal ona ee bideie wey 666 453 appointment and tenure of cea terarit PHO ony OLY Bia ears Bvt Ute Publ Laie ke 7 Re 666 454 Bee Caras] BOUT MO LAASSISLAL Geen tits ierel aie) % oc cites Weed whe arabes kee ee 666 455 Daw OLe Ale duLicee OF tASSISCHNeCe. |. cc A cn son flechette eee are am 666 456 additional help tom salaries, ete. nice. ke ks FOE re et eae RO a 666 457 lic aCe LONG Omri? ADDOLNLCES © OLs fiir) wlclei acto aitteld c's 8's Wielels ond 8 a es 666 460 St. Louis Training School for Nurses excepted.................. 666 460 Clerk Sanitary division appointed by, salary, etc............... 666 461 may require employes to work over-time and on Sundays........ 667 462 667 462 compensation for over-time work by employes.................. 667 463 667 464 disinfection ordered by—See Disinfection. LORI koet Wiese LOT OILY DACLOPIOLOPISty vac wer. oso 3.0 ei e's wlad ele ere 668 466 to make rules for assistants to Bacteriologist................... 668 471 LOcaDDOINE Gleb AGP alitoLl fOr BAClOrlOlOZiSt..s: i. wick sleicasa ce we eo 668 472 BOULEOLO Ve iGO lics OL laTttLOTs BEOTINO V Glaus wtois cts) ele) ove veo oars; aieye te alae « 669 474 control over two new laboratory assistants to Bacteriologist (see j Ue te OL emg ary Ue Death Vaated te a) Coals cy gala eck ew §,"sue alee yee are 669 475a to appoint veterinary surgeons to inspect live stock............. 683 524 PAC LLPe GUL rl eon et. reltene cto ciate aire a ck ae wate aie hee 684 529 to appoint inspectors of meat, fish, vegetables, fruit, etc......... 686 536 De Ate ne CRC LCC en ates sea hain fie, vist eiwlv ois ee,t Wie’e = Spee signs 689 558 to require reconstruction or connection of vaults, privies, etc..... 692 578 aflgeis @ hci (ellse tat abeoa end LEGM CLS Coq Gwe LP enIDE De ne SN Ri ee ae ae 692 579 power of, in case of epidemics—(See Hpidemics)..........00005 706 gD power of, to destroy dangerous or decayed articles.............. 707 634 compensation to owner of destroyed property..............+8.: 707 635 power to cause disinterment of dead animals, at whose cost...... 714 673 duty respecting disposal of carcasses—ord. 22580 in appendix, BITTE ECHO ou y 1 Crea Ny gla, eel tcle walt arose hala ales ater ue 8 1141 714 676 SANG UNCER LEY LO LG Wan, heen or ts Ga cae trays) wlas'y Seat a tehohe cals te to to 715 679 TOCHAIL OL DBEUILUAD Vis Cs POMIO VO VCOLCANSOS ss cjcte > aetel ab has orotelns d)s exe 715 681 duties respecting practice of medicine and surgery.............. { es ste signing burial certificate—(See’ Buriais).... cc cece csc wceae es 720 TOL requisitions and accounts for office, sanitary division, dispensa- MIGOs TLOSD ILA a walla ile aes YURI lar tanie y: ¥ eke ile oe v’ gas kis Sle 721 708 power to make rules for government and admission to city health InStitutionS ©... .. eee eee e eee eee ee eee cece cence teen neees 722 709 control of, over visits of medical students to institutions........ 722 710 1226 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. : Index to State Laws for St. Louis, pp. 225-256. HEALTH COMMISSIONER—Continued. PAGE. SEC. when may permit parents of children at hospital to nurse...... 722 713 appoint additional nurses—appendix, ord. 22935................ 1144 control over Superintendents pack va eos ae ees 2 we ee ee 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 matronvand supervisor, of. . ssc oa eee 726 743 to designate where incurable insane kept...................0-8- LOA; 748 to designate rules for insane at Poor-House.................... T27 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, 10 )pRYSICIANS «50.4555 hieicc Ge ciecg ete eral oils ete ahe ane Wie aerer ical vat 735 19% when placard buildings in which certain diseases............... 735 798 ; may remove persons suffering with contagious diseases, etc...... { ee a: power to disinfect premises or withdraw use of streets........ 736 803 duties and powers respecting consumption or tuberculosis, etc. —See Contagious or Infectious Diseases. powers, duties and relations to quarantine—See Quarantine. removal of dead bodies requires permit from—See Dead Bodies; Permit. when orequire, disintermenty)s.0 eect otc csels ae te ieee BLD elon amen 746 852 permission to bury in place other than authorized cemetery..... 746 850 when may require interment: Of .COrpse nic. seems tees cee ees ele 748 861 duties and powers respecting cremation of bodies............... | a ay employment of temporary mechanics, etc...................05- 751 874 to :fixysalaries ‘of: temporaryenelple.. alton oct eee ene eee T51 875 City Counselor: tO 7aGViSG how we Shirts ous wie tke Geel ere ee ere eee 841 1368 to have sick or injured work-house prisoner removed to City FLOSPIbAl is iy. ess usie ese teteue sg iayd Aner he etre ttte age [eee ie Bae 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 Ath Or oun ue con oieneenin de tee 697 586 not to be enclosed more than forty-eight hours.................. 697 587 in: PENS \MUISANCE 24> Oe SEGUE cal ri eta ie elias oe seu can es Ee etek 697 588 dead noti tebe buried’ 11 CIEY feces ce = tele cap aices eee ee 714 670 driving through streets or on sidewalks, prohibited............ 884 1575 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1227 Index to Charter and Notes, pp. 463-542. Index to Scheme, pp. 279-286. Index to State Laws for St. Louis, pp. 225-256. HOGS AND SWINE—Continued. PAGE. Pili oe ree LIMO UG OL’ GLC acs dig cA ae tak Sree ih os 885 sale of, is stockyards proprietor or horse and cattle dealers...... 1046 HORSE MARKET— See Horses; Sales-Stables; Horse and Cattle Dealers. HORSE AND CATTLE DEALERS— CU GSTT Spe eT te me ROO sie 5. Side viel Caio vg Oo Bed AN EPG bak wires 1046 HCONSEs Ol ULG ee oOU le. SCOsODUGRUIX 0 2s ok. & owls Bice oa hele Wislalon “sue 1161 BRS Grmecre! Came LOSC TL OT) Cate ease dlee ew ikcp a ile ao Pale But ocrd nw hICE Bl aewle g Bl Ce 1047 HebHRGRNelUrOSNOING DURING A a. es cc oa else Sectee ave fue Sel Urns NAOT penalty doing business without license........................ 1047 HORSES— BIG REM ML GMC WARLA DON MEE To ele. kta tc ack asda eis Lede whee Net teav dan iaiecals ' Mh NGAI COLO GROTTO OL ACRE UE 6 50h. 1c) cdl ain tare land oA ale as WES 714 Note LOMUGCUL VANS LEO COIA DUN OESe ys ores < out ct dime de Oe bo ole nn ewes 859 driving—See Driving. unattended, or loose on streets, owner liable in damages, see NOGGW. COMBO Gas LODG ie. tari: oie wien, Ce ee saad ae weeny bts 881 cruelty to—See Animals. UD TEA TATA One CELT cis re ie, Vata Ges elas, alice TT oa! et ere atl i 882 Piteued cor Lreee A aaiase) TOSU DINE. oan ee le aim ae Rubra al ane Winmlone ens 889 TAO LOUnes HN ILCUEN NEAL OT) TNA DALKS sty sb Uist bes ak Go arta eteitlaal, bs ans 996 1021 iareer Or. sanousaie7s Ol, at, AUCTION, LICENSC 2. 5 cick la 2 o/s ee eee s | 1021 1021 sales-stables—See Sales-Stables. horse and cattle dealers—See Horse and Cattle Dealers. Nate aD er LEA UCL: OLASLCEC te (oie trvele rere shale Sees cles eee nae 1021 WRU ee COE LOLEGILV Ss OILT LOSES ait ciation: Nal ttre. Seka es ah ayo te 1078 HOSPITAL—See Buildings. tO SLaDe, CORSUFUCLAG: ass HYSLtGlaseen auras cerns . Aa lon 563 ELA WR SLL ea Woe) LLP A Ce eee vat hg eon de eee a ete Sat ne gi a Se cals’ es 582 RICH TSE Mee TIAL CL CLES LLL tc ate che fre Glen thy che eater ares ie hag ee byes 587 City Hospital, see City Hospital. Female, see Female Hospital. Ware reat LOS ror Ol O=litiiis Ueki dr LUGS plc crs ei cole e didieretee a ayere Gale iehare ols 1106 private, regulations under new ordinance, see ord. 22998, ap- CIRCLES RHC lg hea! ou iced be VLA i a elias? Be OE A 6 Saarinen ae i ee 1142 HOSPITAL FUND— Mpscriatert fey 0 eake les Saige CRS aa ee a Fer AaNe eae ae eta We St ar ehe arene a 721 Wi MeIIPEROLRBSIIMAT OL o bake to ais SR see o Skane Gccerd aes eal HOTEL— REE Ce RLU Lee TAT CL TLS ciara iahcale: «acai Pt. Sh are sad do h@ a + give an shwile! @ 564 Mii GL tome Scan COprain= NeIg Nth. eee ky sete eels Ns ewe ¥ Gs 567 UAL Weve cite Oe CO) eG COMALETICLCG sre Sic. brs Bie ok loos oy 0 cir oan sce 582 583 ED eT Pal eh ee ye SR SI Ua ah os na er he 596 pee BCA ADU OTALUS MIT STOR IMALIODS tr tte d « solnieteis Suro lols «0 8 alae o aleve 587 watchmen and alarm bell in, to guard against fires............. 597 proprietor, lessee, etc., neglecting ordinances for fire-escapes, etc. 598 height of rooms, ventilating sky-lights, windows, etc., in....... 598 Drives. VAULUS ANIC RA LELECLOSCER SIT cate dale clereten os atarc's'a'e anew uly ea 691 ABlIMER DAS Dey veces IIT Oe CAEL siete ey hake! gia, os wn) ed's «/s the wo b wie, ene 1062 PERSE TADS UDUOrs LiL nae eres fend Pile wip ane eee ee eh elas wis hres 1063 Petar LOCOUUALION frie cet ee ttde BE Ah DEO ads PLN ee po dee haw ae ee TAY, removal of persons afflicted with contagious diseases from...... 139 keeper or agent to give notice of contagious disease, etc........ 736 vehicles for use of guests of, license-plate rule not apply........ 936 rT eet Te HCOTINES AT ELOL MRT On Gis ol aed oie Cate olathe rave © a ef Nls 4 ace eet 1030 SEC. ( 1578 to | 1581 2247 705 706 63 fat 137 138 189 190 151 191. 193 194 576 2313 2314 687 801 804 1814 2173 1228 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Scheme, pp. 279-28». Index to Charter and Notes, pp. 463-542. | Index to State Laws for St. Louis, pp. 225-256. HOTEL—Continued. amountvand? term VOL ticense for. . iic.s acts oe owe ea eteas to he, oh ee same—term of amended—see appendix ord. 22573...,....... metals penalty running, Without. MCenses crc. «5 ere en cele ee se te eee Water Eratesvan vicki. are peers oe i suse, Mec @ aioe) Sige wccss oot enue ane Mae EeAS HOTEL RUNNERS— | runners or agents for, see Runners. HOUSE AGENT— See Real Hstate 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 Hlections. OLCOTT Es OF 2 AAS Rie erates saben ehn oi eect ra. age ie te Be Rae RR aaa BDCAKEY SOL bas su eee retake alee ward aloo aveital Ge aelecal oat pte acd cd aaa: on tonearm duties eof athe: .Clarkor thew aise de aie ae ciel cae ie cee ee ee duties? of. Serzeant-at-arms Ol. a ae eect retudiad tele euaiee eet eee salaries’ Of (officers Meee! oy, bas eee et nate es ae ee janitor ior; sappointed ayn speaker 2c ee cen ieee er eee duties; oiegjanitor, controlled “DY \WOOM:SeLC an wae ies, ere Speakersof; “when to be.Actine Mayoran..ccs.. she «cis a tcreinteas ete alate 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.... name changed to St. Louis Industrial School, which title see for indexed matters. HOUSES— See Buildings. numbering of, provisions concerning............... ARO E ATE street. commissioner to establish all numbers.................. penalty for violating house-numbering regulations............. street commissioner to supervise and enforce numbering of..... of prostitution—See Bawdy Houses. gambling, see Gambling; Misdemeanors. HUCKSTERS— See Peddlers and Hawkers. rezulations.,as) to: Salesi-in: markeli ices, sees ieee lest aoe not. to-sell-what.on* Sunday. Hours, ol-sales#).4575..5 ve 2 eae eee VIiOINLIONIVOF ATtICIG SPenalty ce pie. ee ke he setae cet eee ae ee HUMANE SOCIETY— may erect. drinking) Tountainse. ogee see ee ee ee ea gets tone-half of fines. for: cruelty: to\animals ue, . yee eee HYDRANTS— FOP DIB KSUS ere es See ro Na hE As re Ee er a LEAKING BI NISAD OG eb atoly o ag aves hecs layers Gemeente ane fk te nee ae InjUuTINS Panisdemean ors 45 Sh ee row ae ae a aoa ee ee eee hitehineeto;e- MISGEMEAN OL. «3/2 aii fa otc tctelatne otek tue ae ete aee ICE— I not: to. bescur, Withouttpermite. 5, ee cit a at ine let oe ere ramen ee applicablOnFATOLr> DELI esse eck oh Acike over ceime Bes ate un Yah eater shke ate DeETMit DOW OTA yee oe wets odio o's copia ere velen td a7 aedtei ake oe ee police tovarréest, persons unlawiully: cutting: qc0 ch a vwatenan eae PONG > WiC CMETMTEMCEGT Te rastons potted te, ce Ceoae ole a ta: ota fe i calle na tyne et wae eae persons bringing into or storing ice in city to file statement, etc. penalty: for \failure/to) Tle: Statement. .iacs hs crhdueians che ee Boe ew pare penalty for failure to observe regulations concerning, ice...... sidewalks to be. kept ‘free.of snow and..is ... v2.6.9 wie ures PAGE. 1030 1158 1030 1103 844 844 844 845 845 843 845 845 866 869 SEC. 2174 2175 2487 1381 1381 1383 1384 1385 1328 1386 1387 1494 1083 to 1087 1086 1087 1945 1468 2225 2225 275 1608 1448 615 1221 1210 558 559 560 to 565 567 568 569 569 570 1234 928 PS he REET a aS 7 AE Ree re cer Te Oe ee ns ita pete INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1229 Index to Charter and Notes, pp. 463-542. Index to Scheme, pp. 279-286. Index to State Laws for St. Louis, pp. 225-256. ICE—Continued. PAGE. decisions on right of city to require removal of, note to sec. 1234. 810 street car companies to keep crossings, etc., clear of........... 962 conyract. tor supplying city institutions with. Jr. 7). cee. ek. 1077 ICE-CREAM WAGONS— See Vehicles. ILLINOIS AND ST. L. R. AND COAL. CO. POUCA SL OLMLOLT WR CE IAG LO se cca a 6 ik Oates o TMT ee hic Ae wa Ae 661 IMMORAL ACTS— are misdemeanors—See Misdemeanors. oT eera EST Ure IAD COME CLO PERSON cic ihc an a ee a we a ee. 2, & 896 IMMORAL PLACES— See Bawdy Houses. T110G ton De connected Dy. overhead Wires... fies ceive wees cals eles 786 permuG for wire. connections, .etc:,* for; Void. ..)4 os, cen ses teats es 789 PIE PEL AUT LL COLISG AL OTS che EM wel aa co OR eigses MMe es ad als. ou tenehe tee 1028 IMPOUNDING— ; 884 De COIs MR POEL TE FILO Bat auto waters sic be coed Le eel due ta Ded Hite be isda to 885 decisions as to validity of ordinances on, see note to sec. 1578.. 885 sf 898 dogs, MU LECT VMS Y MITA VLE ee civ Oak ene parte 0d alia Mees etek alk ty 4 eo, te 1 399 Peadeonclon. Of GOgs. from Pounds fees, SLC esis wise is cw clea 6 pete ele ‘ an pe baveds irday ete ty Be ICL s ls oF ye ERS Mina oy cS la oA bile a Sl te eae Rae cee. a tee eet lad 899 Princes dors, 10to) ClLeyy LOE DUTDOSE,) Ol aie ian) oirale is sick, dist eluiece Mia held s 899 PAM ROTEEM AST Ech in TECH geo A Da bog OE od cg et We lo eine A Rs heh 2 TR le Bas ee 996 IMPRISONMENT— for violation of ordinance, if fine not paid, is constitutional, see TIGTGRLON SOG ah ici oo ee td ac lan teers eee MRE EGY Died sate Bid aS a bom 816 for one not convicted of crime, when unconstitutional—See note ; CYR Arley 2A Ts Leas ana ay Se aha crates ce ALE Re he Cas as einai aha} woes 896 ENTER ee CIA Veet ee cia ae ea reac a aiattd tae rade eat a wid oabea'e Wieie 8 ate 897 at jail—See Jailer; Jail. at work-house—See Police Courts; Work-house. IMPROVEMENTS—See Board of Pub. Impts.; Public Improvements ; Public Work. INDEBTEDNESS OF CITY—See Bonds. INDECENT EXPOSURE— is misdemeanor—See Misdemeanors. INDIGENT PERSONS— See Paupers. when insane, see Insane Persons. INFECTIOUS DISEASES— See Contagious and Infectious Diseases. INQUEST—See Coroner. INSANE ASYLUM— Pees CuCl UC MeL reat wet ates, wi ieS. dats a) Stale tll sae sie woe 6 gs's-6 625 PILCUATSOROMAPLOM Ie OTlINISSLOLGL , at antes. ofc) ob .3.c. 9 oie eve ceiy ow ein wee { ee requisitions and accounts—See Health Commissioner. : : fie iao SUNETINLENGERY (OLA COM CADDOLNCINONG. » r0e viw n cic cee do eee bee ee 1 868 Tati One MUDSrilrenOel Gm Olen. Wars CRN Tal, kale Lib sa 68 4 eisai oie ocd als oe 723 Baar Vary CRUDE LIISLOILGn meet eu et tot Wie tw b Wintete eit\ ore nalts ofela 723 SE Ea kc ee ee ee slic cit cicie a ovh)s bie Si anise eb ate oie 722 BLOG) BERG. ALD DOD OLU aad oUs telus ts splot kide ioc: dele weve cclansic 1144 BOOLTOLe OL) BUDGTIMLANOGN VEGYVOle DEALIOUUE cc pie icicrg dlele ie owls .6 oye 0 sve sie ae 724 control of superintendent over employeS.............esss00% . re 724 superintendent give time to; family board permitted..... eet ae 724 assistant superintendent in....... hnaate i's Wenn 2 0-9 My BA A FB SEC. 1890 2374 432 1632 iG Gre { 1128 1129 2163 1575 to 1581 1642 1644 1645 1649 1646 1646 2018 1636 285 450 707 CLT 1509 718 719 715 722 723 724 729 1230 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. | Index to State Laws for St. Louis, pp. 225-256, INSANE ASYLUM—Continued. qualifications, of ‘asst; superintendent.) 4 1. se..5 cao. vale ee eee powers and duties of assistant superintendent.................. assistant, supt., ‘Salary, bDoard.s Washing2. 7. on tek eke aoe assistant supt., .tenuresor office; “suspension: 2..). . ee anus OStADIISNCE 72.5.4. Licctay che epee eee ek lead Siete ee ih het ope cae ec ree ae portion 4.0L) poor-HOUse AMSedwasa. ce ee oo eas te aie a atten ate eee persons at—See Insane Persons. admission to, records, etc., see Insane Persons. decisions ‘concerning, see note. to) sec. 7472.0. oo. eee shee cee are maniacal building at, see ord. 22923, note to sec. 747........... INSANE PERSONS— asylum for—See Insane Asylum. incurably.vinsane,) WHETAU KEDL. 2s .7c eo leas cee Ee eee Health Com’r to make rule for incurable insane................ indigent insane, how and when admitted to asylum............ applications for admission to asylum........ Bao ie eR ee nk applications.passedon. by. Board of Health 4.0 1. ee eee eee non-resident, exclusion from asylum and exception............ récord * Of, "ate ASVIUM? fe es eee ie os eee rier: eer from “hospitals cor; DO0r-NOUSEc. srceste eae areas ee ete eet es ae duty. of-dispensarys physicians astoeinsane ee ea ee woentosbe taken into ‘custody oy polices... 2 ta. © ee ee cee regulation when, taken by police, disposition................... to,/be delivered by police (to, city, shospitals wie. oe. seer eee conveying? by police {to Citys hospitals ee cet ee te es eee eee at city hospital for temporary insanity, or observation.......... at< city “hospital, duty wot superintendent. ,;. 1.2.0... s5.. cnn ee Oe COMMISSILON ‘tO SxAaMmine soOuUDLEM Ia Gasesy a. «7s tacethucsa ee cee oneal disposition of doubtful cases by Health Commissioner.......... non-resident, how: disposed of, when arrested by police......... first examined and certified as insane, by physician............ indigent, admitted, or if require restraint admitted............ removal sof; “when restored; -ormcured 15 54s i cies eee re-admission of removed or discharged, relapsing............... inthe sJjail.) Provisions “GONCErMIN eae eee i.e + oho ee ee ee ere es penalty fortbringing& intoycity awe paupers: wicked ee INSPECTION— of buildings—See Buildings; Commissioner of Public Buildings. of factories—See Factory Inspection. of weights and measures—See Inspector of Weights and Meas- ures; Weights and Measures. of gas—See Gas. of milk—See Milk. of cows, and dairies—See Dairies and Cow-Stables; Veterinary Surgeons. ofmeati fish; veretables,. fruttsepoultry, ClC..4.. 5. ces pe eee of excavations in highways, streets, alleys, etc................ by Supervisor of City Lighting—See Supervisor of City Lighting. by Smoke Inspectors—See Smoke. of plumbing, cdrainlayine, seus caer ccde cats Geeta een aerate tne ee Of, Sewers’ And rCONSETUCTION Wc calcein cies +s cab ate eee ee of Vehicles crits fee ee rene MRE gies kde gi ee ee eee of. reports*of streetirailways mechs aires oar e's om Wale heen tei cane of boilers and elevators—See Boilers (Steam) and Elevators. of lumber—See Lumber. SEC. 730 731 732 733 747 748 748 749 750 755 751 752 753 762 754 755 756 757 758 759 759 760 761 761 761 762 763 764 765 766 768 869 ee ee ee a eee oe ae ee a eee ee eee ee ae, ee an ail eum ee ee ee ee ee eS ee ee INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Scheme, pp. 279-286. 123 { Index to Charter and Notes, pp. 463-542. a Index to State Laws for St. Lowis, pp. 225-256. INSPECTORS— See under names of chief officer. in Building Commissioner’s office........ ee: eet yy! em ee Bae requests Olel ive st ravention *hureat. of... oer leek cee ce ee of Fire Prevention Bureau to be member of Board of Appeals... of factory—See Factory Inspector. of weights and measures — See Inspector of Weights and Measures. of milk—See Milk. OlsGdtm ign Reel rere aNOre erly ocd) rss os gee eile ewe Dh whee 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. smoke—See Smoke. of plumbing—See Plumbers. Doprenicies, Iv eenera le OULICS POWEISis feels lcec cols da pac elaec OLovenicies,. dutiescnow on luicense: Collector. . oc essed ecw CVE VAL Wc Vee Pk sere ete ele Sia Sica oy 6 kewl fears Ged here wig Amant WU hla We OF Rem ew eae re eee vere ew i ett ye | of lumber—See Lumber. INSPECTOR OF BOILERS AND ELEVATORS— See Boilers and Hlevators. INSPECTOR OF WEIGHTS AND MEASURES— See Weights and Measures. COP LS DCCIRCNATCOAL INCASUT ORE rier tae wre ei daleielele- Cave cle cbla a ck pale ate not to gauge or-stamp packages of fruit or berries sold........ duties and powers of, enumerated in general.................. SMe TORE ar Cn pace ORCC IEE ITD (homie ects h See ghe va, gal beiy a 2) se a shades whore! ah to make requisition for articles to Supply Commissioner........ LGR ROIsOt MI pGnIGASi LOS, JOLCE a leitcineee shld shee cal ce wis lane bewanes PORCeCC Io Wiai ais Valieticns, .ClG. GXACUT LCOS. eco ccing ais a nels dek aa Et GE iste el aeeW CLO OW ak ee eg s SAE Bee DS a a een penalty altering weights, etc., or using unstamped, etc........ TOSS Ol Ile GUNSeOUCO bh LTS DOCU OUR emi. b picid ae de cies eee 80s slate on POC Sm mene It CO d OCALOS fot. so Wale id ee sik eldss Wiican glelele w d'v se se failure to deliver proper certificate by, to be suspended........ ECL ES Crh Lae re he reer Rte gee yt eRe nw seal aes chia. e ave Wie ¢ wy w tate assistants and clerks of, appointment, salaries, duties........ ek eae as Oa ee ee era ers tala hot Vath bess abe! oseice BialS ue eae isp Horecev aha Venic lent Ose Turmisnedy wah oc ses aw cone et ek ee es to inspect scales, etc., of dairymen, hawkers, peddlers, junk or Pat snenieres la vinesnO DIaCG, OF, DISITICSS © oc se ele 66 wean aheye PG aL Ew eu Tt ee Pe IOS atti ce ed vantigies ake dns al eck oe optpanane public scales—See Weighing Scales; Weighers. private scales—See Weighing Scales; Weighers. 'O TERUG DOTLADle CASS EVCLy SLRPIMONLNS G6 are ve ple cee lee INSURANCE— COMmUSUVe Ole GeOUL TeUIreRe ICON sO ge WAL se vidie ce oni eip eis so ena e COMINSUY PUGHNEIy cma hvies ate «ay eee ee wed, Oenk Bs wah ehs,s Be ind ahh Sd Ss shone OOS DUSiINess WITHOUL ICONS. DONAILY oa. ca Salesian ales eve sees ZOTOIEN INSUTANCE? COMMMANICH HCENSG. Ny aailale Satine INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1239 Index to Charter and Notes, pp. 463-542. | Index to Scheme, pp. 279-286. Index to State Laws for St. Louis, pp. 225-256. LIGHTING OF STREETS, PUBLIC PLACES AND PUBLIC BUILDINGS—Continued. PAGE. same—contract, how awarded, deposit, bond................... 796 BTL ie OME RW GLEN. al tceghe rate dw cole oles diya cleo a discard wlan edt sic wisic saa x (97 same—on termination before lapse of time, to be re-let, etc.... 797 TIT ore OT een ca eet eho a oe a Lee va Se 19% erpene Gy MG ag Sc Vick Pe Feb) ae LES GME ep gp Ade « a RM RR a 197 ordinance in lieu of Secs. 1171-1176 of R. C. and covering same matter—See Ord. 22878 in Appendix................ 1147 = { what public buildings to be lighted..................00. 797 mae | Board Public Improvements to light city buildings...... 797 2A | contracts for lighting public buildings, duration, terms. . 798 a” { separate contracts for each district for lighting buildings 798 rey | Hoi OL, measurement ehtine. bulldings. .....06...0. 6.06% 798 26 Honds tor contracts: to, lignt: Dulldings fis oe. ee ack es 798 Ss | cost of lighting public buildings, from what fund....... 798 municipal lighting plant to light City Halls, Four Courts, Jail, etc. 798 municipal lighting plant for Insane Asylum, Female Hospital, TAC Carer er Ua ahr ee a We tens eta cas ta 5! ae he ola eee) Siete ele © s 199 Board Public Improvements let contract for power to light public buildings—See Appendix Ord. 22878................ 1147 Board Public Improvements to prepare ordinances for.......... 968 LIGHTS— See Red Light; Danger Signals. electriGzangd £45 1n) TNECALTES coc. aves ieue bee sp Dg ce Re A eee lee hae 601 DiMPete ie) Tee ae Ole) orien ean ata MeL et, Cadets. a5, x (eran e s.eie eels labe me 612 TOMB IeGe Dit DIT eit TOC OLS Le vametn cers) aii’ © oes s, A aurteraland sls. fo Sera ocs 858 : y 881 POT Pee ACL CEEIT) Cd VOSA, tens Pe eee Clan ht Seas’ cusietsode ab is oe w, Bel ere Obl wa) bate 1 939 amendment to R. C., sec. 1822, by ord. 22673, in appendix........ "1156 OTST GC re ne ae eee ee ee at 5k ota ai Wie? ole OTP awn el eted'h ‘orm 951 fala ialitelne. on sireeis, permission Of Bo Pe Leics oc twage ee eess 973 LIQUOR— See Intoxicating Liquors. LITHOGRAPHERS— 1051 provisions and regulations as to ficenses.........-+--+++esee:s fi ned CECTETIGELINY RARE renee ee nmr tee Rent. aie 0s a's a biel n, w ediee ate el sila e Sint'e 1051 LIVERY STABLE— Ase eI LOR PALO alae ce cite ers. tint tsileun oie vie ne Resid a aha 'e 6.4) 0 19 tin oe were er Walter closets, vValllts: and PTiVices IN. . pees. 8k sie eee ee ee | 691 not be opened or operated without obtaining ordinance....... 1 ti decisions concerning—See note to Sec. 625............. eee eee 704 not included when, in article on Sales-Stables, etc.............. 1047 LOADS— See Buildings. to be carried by soil in buildings... .......... cece wees cree 568 Geflmition DUS VOR AIG COAG Sutil. Pulse nte chery c ea ee oie 6 wine epic cio gee 592 how distributed on floors and roofs............ cece eee ee eeeees 592 in different kinds of buildings..:...:.....c..cessececsvereces 592 Orie COLUTIIIS oe rs aires VIR te tete his ok a Pivkelehe occ nls wig se ean’ a a ale eis Mary 593 et teabesGyy ee we ei Pb GA nk Oats Regie a a EO aCe ! ore Cris DEEL Gae ae ee ete a ee erie oe oy clwicle vial elakis 0 edie wile 04. galego 594 factors of safety and allowable unit stresseS.........+++.-++++: a of coal, measuring and certificate for.......--- 1s eee eee erees SEC. 1165 1167 1168 1169 1170 jibe a Bi gl 1172 1173 1174 1175 1176 1177 1178 1913 197 225 1445 1556 1822 1864 1933 2270 to 2285 2271 225 d71 576 625 626 2256 75 173 173-174 173 178 179 180 eee & 2558 1240 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index xo Schem2, pp. 279-286 Index to Charter and Notes, pp. 463-542. | Index to State Laws for St. Louis, pp. 225-256. LOANS BY THE CITY— PAGE. SEC. See Bonds. temporary, “to. provide. for judementy.. yee ee oe ee 1089 2427 proceeds «-paid:!.into* treasury te ee eee ee eee ae 1092 2439 LOANS BY PAWNBROKERS—See Pawnbrokers. LODGING HOUSE— term: ‘detined,: in building «codetaearcc tee wie wi. cle. ot eee 562 61 term :défined in inwisance articlemweeas oa: ee ee eee ee 706 629 when, must be first: class) pulldine iin vee 2 a ke ee eee ee 563 63 area (load «permitted. In; Construction ye. wets oar cae ee 568 75 vas! 3 574 103 thickness: of ‘rwalls Ines ocak. eh eee eee eee oe es reg ee { 574 104 oie t Beggs 107 partition’ (walls. Umby: .cihu tiie siecle ue pane Heer ae alae pc enh nen tee 1 575 108 fire-StODS UN WALSH OF oa sis ke aye nak dia 2 are Gece aiken tat tek ee een 575 109 how «plastered ey en es wis mate cece ola! solders lento ec ere Sean Bases bee ee ae 576 ED SEQIT WAYS © 100 sc i oie ibce ie ee Bal on cory Rete et Reel ty eee een ee nen ee 582 137 : 583 1388 fire -esCapes C1. i ccite clase, o cv eadhn ed eRe Oe Te Ot et Sete nee CaS cae 596 189 , 597 190 gas Txtures: (10). oh ssi sates ole etal orice artes ae eee A ae 590 162 watchmen to*euard -against. fires imps nine eee ee ee 597 LOT alarm i beliine:* sect ea she loio's: 5 Epa be th lon eee toledo eh eoeitreie ecknl ees: te cme 597 191 keeper, proprietor, lessee, etc., failing to observe fire-escape JAWS? OUCare E eh aren © elere ents ie ap ta ey Saat nen eT em Co 598 193 height of rooms, ventilating, windows, etc., in................ 598 194 when considered nuisance, how maintained....................6- 701 612 Conditions. of CONSTrUcliON POlva 7 aarti. ena we cei iene acceler, 702 613 to. provide: Garbaee DOR cette wots ies aes ioral Gera er ae ea yin be 687 removal of persons having contagious diseases................ 735 801 WaAtereTaAtes. "L1G. «Wate Gels eieerctt Ba ctee ened PINae & fat asta Ohh nat ele ane ae 1103 2487 defined “in> water-license -artiéle nt. seen so). ee eee ee 1105 2490 LOTTERIES— establishing, aiding establishing or advertising, misdemeanor... 875 Ldeo decisions on: “See; Note sto sec 1s5 ve. 5 tos. sw eoete eee eee 875 selling or. keeping, .ete-..tickets’ for, prohibited.) os. .ea0 eee es Lo 1534 letting: ‘of premises ‘for misdemeanors. ss io. t= eee eee AAS 876 1535 LUMBER— Inspector and Measurer of, appointed by Mayor { abe ee mappOinted? DY Mayra. a ctceicten ite 1129 2591 appointment of Inspectors on recommendation of St. L. Hardw. : and: Dumb; OMntrer Se oii. << st) ly s 4 do teeta ar eaten eet eee 1129 2591 ligenses; and. bondsof *inspecvote col sc. 4s «os ck one atari ee ee 1129 2592 inspection: and *MeCasurine sol gAsewad «sce beet lee Ocean Oe ee ee 1129 2593 TeVOCation. OfsliCeNSe OL Sy eee eres fate oa ci gs wie sale oneba cree ee meee ere te 1129 2594 articles subject to inspection where landed.................. 1130 2595 certificgate..of).MeasiremenGw On aa © sieves cies eon ig seeker ee ei emiaae rene 1130 2596 Inspectors not to buy, sell or be interested in.................... 1130 2597 fees. of: Inspectors . tines eee tos eee le oes vo cis Op ee eer er eee 1130 2598 — penalty acting without license or violating article on.......... 1130 2599 LYING-IN INSTITUTIONS— See Midwives; Hospitals. new ordinance regulating. See ord. 22998 appendix............ 1142 M MADISON COUNTY FERRY CO.— See Ferries. MANHOLES— connected with electric wires or conduits, etc. See note to sec. 10980 SERS OER LEE, oo nL REC a ete ete 778 ee Ss ee eS ee. ee oe ee, a oS ee ee ee ea ee Pee eee ee ‘thnitey = INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1241 Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. Index to State Laws for St. Louis, pp. 225-256. MANHOLES—Continued. PAGE. SEC. 781 1099 PETIA PE Oe Mig RN At Pies Viste fd lg Woy oe CG ERA A cee bolo bal 781 1100 783 1105 decisions on manholes for wires, etc.; note to sec. 1105........ 784 for electric contrivance, penalty for removing cover.......... 789 aa registry of persons authorized to remove covers, etc............ 790 1134 tobe euarpen how, electric companies. oo. 020. fe oh re 790 1135 VOVGUemONmuroperinit Los WOLrk av, * Ctr wi .i5% sc lk ee eee. oe es 790 1136 er Ae MIC ORIG OAUG Porc (orc feoar n'y » dakelle bs oa ba belies Lape ceeul, 790 1137 MANUFACTURERS— MESES oe oot Sh tk SNA SN ak A eee a CD in OE ee ieg ea eA 1032 2184 emer mren neue AmouUntOA Let ee eS, oo eee ke et Vi Fone) 1032 2185 violation of article concerning, misdemeanor.................... 1032 2185 statement of sales of licenses when payable....................6-. 1032 2186 Bima eUL Clete en VAI tanta ty oa il ge sues Woh oe tae ee ee On LY L033 2187 SOC ReMR PMI CELINE LON etes Uren TaN Soe ul yh! oe a8 ed WEA PE RB en A te 1033 2188 Pita ee CO COC PEW LIP CUD) OLE ath fete hae oe eek boat oy, 1033 2189 OMe LC ONciLiOis, et OFTelLUure:> Sales) CLG. rs ol wo oe eds oea ek 103 2190 account of sales!open to license collector. ........2.....0.3.. 1034 2191 Mayor, Comptroller and Municipal Assembly may inspect returns, ep pe Ao os eee, oy aia goles 8 RR Ae AR A A a a 1034 2191 penalty of, for failure to make statement....... Miser ais tebcatets be 1034 2192 MANUFACTURING BUILDINGS— See Buildings; Factory. MARKET-HOUSES— See Markets. MARKETS— decisions and references of the powers of the city concerning. MOUMIOreaLOuneriiInerOLAC Aly. LG tre giertstelais clack lea Sway wlete 851 ROC ee eet eG Le Var Neel Cele thet nal, er atts 2 a ae § 4 ble bce, hve elo a oka a gC aoa 852 1415 pe ACT IMECL Mm RTT TOT VIA TICOL IN Mista piste eee ods ccs ole coca tle Seibel gel t 852 1416 MiP RIM PSO Leer NAT Otte erin ekgre ase ald iskeve aokte Mie eke (b social aferacte lewis 852 1417 Bite rem SOL Lee EERO y viene ea a ose veh cie aes cra sieicteca Lalathte aledets 852 1418 Comptroller to locate wagon or market stands.................. 852 1419 RUAISELOT MELO EIU CLOLISMSIOOWALICS cate. a kieie foie sleet stators dtc w wteloce atetle 853 1420 iinersporv0ons. show: used. DULCNe?D Sstallse. 20% Fo dees ok eee bes 853 1421 rect ee CORDELE WW COM hall fects seta a) tls 5. c°8, have oe Wis dager dievatal's ale Veecalea ® 8538 1422 stands for sale of coal, wood, corn, hay, oats, straw............ 853 1423 BUACOMTCORE VOU TOLMIA TINGS mW aeOUS SAL.) + au cis a is aie oso 'ss cw hele eres 853 1424 stalls at, not to be occupied without permit from Comptroller or Pelee Cee ea ete ee ete le EPA ete ein acy a G's fers ao eiths aie d aad 854 1425 stalls not to be transferred without Comptroller’s permit....... 854 1425 time of leasing or letting stalls at, by Comptroller.............. 854 1426 conditions of letting or renting stalls at. ee. eee eiete sates se 854 1427 rent of space at, how paid to Comptroller, forfeiture, etc........ 854 1428 VACAT ta tie tiss tet emiiny We Pe TLC OL ed pei et iste cia aa o's aie ks dah ssa W e's, 855 1429 TATINGES TOV eer eared ILLred = GOs ay PLECO te oa eae te ate eh he Ao wie en's oh 855 1429 leases subject to cancellation by city on notice.................. 855 1430 leased, for’ stalis.s woe, SCCUTILY | FECULIITE? 6 oe G vcs eee tees scenes 855 1431 contract for stall or stand, Comptroller may cancel............ 855 1432 when Comptroller may vacate and abolish stall or stand at...... 855 1433 854 1428 BLall (ANd SBIANUe LOT elie aw etre a. ek: = aitis Aon. ¢ Sie aels dma eed & cp are | 860 1466 Market-masters of—See Market Master. 856 1438 858 1447 856 1437 PIganine. GL. BUG OLYMArHO LT NOURCH Tes we veldis ah. blue ais tie x ste SSeS weighing at—See Market Master. 1242 IDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. | Index to State Laws for St. Louis, pp. 225-256. MARKETS—Continued hours for keeping open, and days......... lishts\to 7be “kept burning ein cee. ee time of closing, how announced........... duties of lessees of stalls, on closing....... butchers to clean up on closing stalls at... putchers to paint stalin. 4) aaah eee. to be supplied with hydrants............. sales at; must) bev during hoursice- yee ee regulations for sale of meat, fresh or salted. stalls outside of, may sell what...... Sein Vy) sales outside of, not affected by sections... sale of diseased live animals at, for food... 6 @ 66 © Be 86 OS) 6 Shee of Sw wilde \ )p) erie) 8 04.6. 6) 6 ees oNeene eo S/o" 0? » ‘oe, ©) 26) 4 ema, e bs) 2) 0 D>, 6 4) oo. ce! 4. 0) 6 ie yeee wre) © 6: /e 6.6 ee | 5.0 (9. ere! 610m 10/6, SO e Le 8 @ 6 ere Cte) a6 © © « @ 60 (0 6 seers is) ere Case 0 @ 8) (6 ‘a0 6, br Se) Se) Be ee oc eee wee ee eee ee ewes oe eee eee ee eee eee eee sale of dead animals, when forbidden for food—See Dead Animals. sale of unsound meats, etc., prohibited—See penalty for sale by lessee of unsound food. animals not to be driven into, or slaughtered Meat. ose e eee eee ee ee ee eee at, market. places.. nauseous or filthy substances not to be thrown about............ vehicles to be removed from, when....... oe eee eee ee ee eee eee refreshments, but not intoxicating liquors, may be sold at........ butchers to paint stalls as directed by Comptroller.............. fires in, prohibited without permission... idling or lounging about, forbidden......... intoxicated persons not to appear in....... dogs and dangerous animals to be kept fr large animals to be sold in, where........... butter, lard and honey, how sold......... what constitutes an exposure for sale in. STroundS s1OT ORLEILUTEM OL StALe ie ee eset Application Jol Carticie Olly ee eee ee ee sales grocers, hucksters, farmers, gardeners, LATIONS. Mie ce lecVere aisha sen eal Ser eotere tale Se ioig ee!" @ 0) ef es) .0 » ele, e) 6 6, 6 6) Cae abie\sp ish le pels) sivas \edshe Hehe lelgela1\s eleiha tala petolioy «seme cbetnt sr ebepets OU aay ne cus geh cet ete ee atete silat aplneeesipiion al witewade, ‘ouelaite ke diel axel ene 1s Nepienel ouer eho aielie oer ee ewe ee eee eee we eee ©) OY Wi 6 6: a, 6, te “Ole 0 pat tm iw (Blye\'ey 8a 6 © s! oe B 6 © © @, 6 0. 6 o's © ic se 6 etc.; further regu- shanties, or independent structures at, Comptroller to forbid.... what Structures prontoited MAU erat’ «ate Comptroller to exercise general supervision over what market mat- { ters, stalls, rents, wagons, business, etc. new rules and regulations to be painted and meat shops at—See Meat Shops. public horse—See Horses. MARKET MASTERS— 6 1a be 5e 6 6). 6 le oF ee) @) Bie 16 «), @ o's «ve 66 je) a 'é\e ele. '¢ ol 2 8) @ 06 posted 3 sees to cause arrest of persons injuring or stealing certain property.. to enforce provision reserving space between vehicles and for TATMOTS SWALONS vi. nee eee Gee es ome es DELM1CS ETON, crac eos ake 6 Vin Ie Cd Bil on ks totem tee eee ae appointed iby tek Mayor re cerita craw hulls s Sri. fo taunt Clore eis salaries; SsupOrTdinates; « DONGS eee seus site ewe coe ee eee duties:of insweneral <7). oe ic eueie See a pM’ eva: c aetna gan Bre ree have powers to enforce all ordinances, rules, etc., in market MATTOS Pcs he ha laha. dic! ereee eee eet uaatts os 4 ak aus re eae pear oe Seco tee under duty to enforce all market regulations.................. superintendent cleaning of markets, may use keep market-houses and places clean, etc. to keep scales and do all the weighing... City Water, ce. eee @-e/\e \s,'e 6 lp (ele » 0|"e es 8) 0) 8 ele re fees for weighing, penalty for others to weigh.............. seizures by, when permitted............... sale of berries and fruits excepted......... oe eo ep © @ 6 © 6 64 we aie « 6 0 0-6 2 © @ 6 @ 0 )8ctl/en6! eo fe) « o's 6 @ may remove what persons, shall be special policemen........ shall arrest what offenders violating chapter 647 853 854 855 868 855 856 856 861 856 856 857 857 857 859 857 857 857 366 1424 1425 1434 1509 1434 1435 1436 1471 1437 1438 1439 1439 1440 1453 1440 1441 1442 ee Ss = ‘ 7 ’ . wes “igen ye Tata INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1243 Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. Index to State Laws for St. Louis, pp. 225-256. MARKET MASTERS—Continued. PAGE. SEC. RU RPO TOMES Me TORE e TITEL Cee ob oak Sie as cl a ae ke Pe ee te eee eae 858 1445 may direct where refreshments sold at markets................ 859 1456 fires without permission from, prohibited...............¢.... 860 1458 to direct where large animals to be sold.................... 860 1462 of.private markets governed by article on markets............ 861 1467 to post printed rules and regulations, when.................... 861 1471 of Soulard and South Markets, to act as weighers............. oer bee 2561 MARSHAL— duties where wharf obstructed by goods 645 361 BOOGE.na. 5 oot delle eek 646 269 to enforce article against importing paupers and insane poor.. 750 870 sale by, of buildings on property condemned for highway........ 768 931 933 duties in case of obstructions in highways, streets, etc.......... 769 | 934 33 Semi cong. ations, LO 1. O11CG:- Court "Dy, eOtGeo. ba) eke ee cae 823 1281 summoning jury in Police Court, when disqualified............ 825 1288 payment of witness fees by, in Police Court cases.............. 826 1298 . enforcement of Police Court executions by...................... 829 1308 takes defendants to Work-House, when...................... 829 1308 makes what records on taking prisoners to Work-House........ 919 L751 produces defendant in Police Court, if he appeals after commit- AILEGT Us eoe LACUNA OO cls eta na Shea tag ais'C tars: als) 4 a oe os Mitte sipestannte stone he 829 1309 when State laws concerning Constables apply to............... 830 1314 to make daily reports to Mayor of all fines, etc., and proceedings Te LEE FOUL ae ee eta ort nes ln eee oo Cae shed See ee 830 1315 to make daily reports to Comptroller of fines, etc............... 833 oo MID Verne NeGlss aw UTORGH BA TOLISLOL. oy aa ciaichc bw eles bie a kine, mew hae's 1040 2213 to arrest hawkers and peddlers without license, or violating ee Teenie Mery a tera ctrn g ate a ais aa a kro e\p doe ee ele ws cath w ears 1042 2226 may inspect register of second-hand dealers.................. 1058 2300 to issue writs for Police Court South of Arsenal.............. 832 1321 Wales iw aL OLEUvROl Pine PETICLal of s,s cress Peete ds oc ck 0d Cale 833 1329 lelapriay: tate ae Ao Dk UAL el aba ede oar eee CRP a ae a es as 833-1830 SRR R UTS ang! iba veet tad aR rt Ree wit CEG GAGE. ASE ey SAA kd 833 Poon to serve process of Health Dept., Law Dept., Mayor, Justices of the Eee ITED SC mI LLCS Stn fe his itee ad chun a a idie'e cass k wiatahe se’ eres eines 833 1331 deputies of, appointment, powers, tenure, etc.................6. 833 1332 AREY PGE MeALT IC Pee Os JULES cere ee te Cote ta ena se alee sie cider aiels ple sd dle Sistas 833 eon LOMUTINS ene Onenuers. abs MArketsy WHEN. ke sc ee ces wes 857 1442 rights and duties as to inpounding cattle, hogs, goats, etc., selling 885 we: eee Mee I ee te a. A ISA fea ed wc a iene areca Rislk'd eels. GK Roa 1581 C11 Gee BL CHEPE Ver sO LC i ccte en Euler has hie e Lah a\inue’' sl albuMiy o:¥ se) 6) iM hse 885 1580 TT DOL AL LLY ats Cece cena stats, Wels ot cist vie ahs'atel ge d’ec nn 8 ae eats 898 1642 serves subpoenas from Council in trying GLICOLE ee alkiah es cine eet 910 1700 serves process for Board License Revision.....,.............. 1016 2112 MAYOR— TG VSS ie OL ere eer, a rete Ee, NN Rie ek a kha al wk dS igtelie eee 0 548 2 to assign room to commissioners of charitable institutions...... 913 1716 member Of sDOard. ieee Mer ATL OM USGUIN Tees boa vinta aud we aalahs, dhsini 549 6 when may issue search warrant for explosives................ 552 24 DOLMIL LOY CIBCURTERe Ul CHE LURE DY ones tie aire» Sviara eats See ha wa we 612 228 BOLIC Co CIREDAT Gs UTReWOTHEr GLO nie wisi site Re tice Sho wis eters meipler wed 612 229 to order election to fill vacancy in coroner’s office.............. 615 242 provisions concerning burials and coronmer...............eeeeees 616 249 WSOLALTONE )LO1 EF Urol ODEY LLOGN Gascie eae easier str wlalais Aaieieacn Aerie ura 626 289 to approve claims for damages caused by Fire Dept........... 629 302 may hear and decide appeal of Fire and Police Telegraph men.. 630 311 When RULHOTIZEG | tO. ISSO STOTT Y | LICONBG bia. s sic.i se a iv vide whist y ei wo 659 418 1244 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. | Indes to State Laws for St. Louis, pp. 225-256. MAYOR—Continued. PAGE. SEC. when. may: “revoke: -ferry licenses .7:7.. 20... ee eee 659 420 shall ber presiding officer. of sBoard of Health. whi. s ae ketene 662 437 p 4 : b 706 633 power of, in case of epidemics, proclamation........:......... | 867 1501 how dispose-of non-residentinsanee, ..u.s se cola cs Bee eee 729 762 obstructions “in~istrects; Veta Ww proceedings ou ie la ce eee 769 Wade approve rules for use of water-plugs for street sprinkling...... 770 1072 when may appoint Justice of Peace as temporary Police Judge.. 815 1262 to designate location) Second. District Police: Court. acf00+ 210.9 816 1263 may take bail of persons in Police Courts, when................ 822 1275 may stay Police Court executions—See note to sec. 1308...... 829 may remit fines, penalties, stay execution, etc............... ' ne vee duties respecting officing Justices of the Peace.......... Sean 832 1324 process: of; executed byaiiarshalw a4 een kik ke eee 833 LooL to designate room in Court-House for Jury Commissioner........ 834 13834 may; require City -Attamey \towactsmwillen 0 csc). antes vine cene 836 1839 action by, necessary before employment of Special Counsel to rep- resents Cllye Gat tae hae St Ghee bach Sasa ale Re ice te 842 1374 : ; : : 866 1496 proclamation notice for special session of Mun. Assem........... { 844 1379 proclamation for special session of Council to try officer.... 909 1695 proclamation of election to fill vacancy in Mun. Assem......... 846 1390 notice of special election to fill vacancy in elective office........ 909 1690 proclamation of election to fill vacancy in Recorders office.... 1003 2050 action of, on bills—See Ordinances. may approve vacation of stalls or stands at markets.......... 855 14383 SALALY’! OL Fe sieeve de aein ye ats eco ae, Me Tee ae cerns Tal ese Snes co uct nes 865 1487 no deduction from salary because of absence of. See note to BOC, ALAS Tacit tet cae ee MEL bee rss ee a ee ee a 865 Secretary, Assistant Secretary, Stenographer, Page and Janitor of,—-Tenure,. (ete culde edi neh sled Paes bee'e x etatetedh ore o/ aac eke oe eae fe 865 1488 Same—salaries” Of -MAyOris s LOPGG sctayrs vs.e bos. 0. 1s sis es eeeeteie ai meee 865 1489 to convene Municipal Assembly, organization of new Adminis- EE ARL OW: 6p iy shes s RRO TET OREIETTY SIDE APs bs “cS “6, St onlge to Palate Pein Ne ated ten 865 1490 Municipal Assembly to determine who elected Mayor, and give NOTICE; INStaAllatiom yc eel ee eas eee fae o Fc oc St iene PRGA ee 865 1491 contested election of, in Circuit Court—See note to section 1491.. 865 installation = OF is es AA ee leat ects see wi cr'e cade thctinne Ramee rene nar ereters 865 1492 duties? and. powers OL: Ucicent erecta cut 56 sche bg etereraUn ole area een onan { se Pee to see that ordinances enforced, may remit fines, penalties and forfeitures,” etGyt.e5 tee eee Pris sien ah een eeeeee eee ae ee eee 865 1493 messages to -ASsem DIY -2rerarae ett sote acko'b nce 6 hee eee ne one eee 866 1493 absence or inability to act, who acts for Mayor, compensation OfVACtinig Mayor fa rs cael ia eo lv a. veo te NI ee Rn ee 866 1494 removal’ -of; who ‘to: act ass Mayoresss3 ss 5 e'< dcieaeter coke eves { ate ee general power of supervision over city officials, adjust differences batween»s offitials yoy 31k e eee berete ais ook ken & le canoe et en 866 1495 to enforce contracts, cause legal proceedings brought.......... 866 1495 call special’ sessions: of “AsSsemiblyen ic ... © scys + «1c uvinde Galatea veueie 866 1496 staying of fines and executions, penalties, etc., see.............. 866 1497 may require renewal of bond to city under ordinance........ 867 1498 same. of ‘bond /of: Officials weeny + patties oe 0c) brats genteel « eae ements 907 1680 on being served with process, to notify City Counselor........ 867 1499 power ‘of; as) to- nuisancess. . eee is waiters cla cy oi diesn shage ts Ola see eins 867 1500 nuisances—See Nuisances. power to larrest*-or scause! arrests, when 2.) 1. five wena wn weeieies 867 1502 powers ‘to. quell: riot; ‘call. -on Veiuzens 2 oi 0s'e'oi. see le ee eee 867 1503 powers as to secret service, expense how paid................ 868 1504 secret. service fund, ‘assist DaAUDerSeeGLCy o.i0.°0s).)- nw ees 868 1505 to approve all city bonds, also constables’ bonds.............. { ne ome to report violations. of: duty by. officers) to Council... 732. o22he 868 1508 gen ee ee a a ne INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1245 Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. Index to State Laws for St. Louis, pp. 225-256. MAYOR—Continued. PAGE. SEC. to be one of Board of Managers of St. Louis Industrial School.. 869 1510 charges against by Council, removal of, proceedings, trial, etc..... 869 1512 election proclamation to fill vacancy in office of................ 869 1 eae BUCCI IO MBOLeR Ete LOL May OT, * WOOT . 604-28 «heh acces vag de so vee els 869 1514 to grant permit for carrying concealed weapons.............. 879 1549 to give consent to bill-boards on city property................ 887 1591 . 887 1593 LOseTaAnL oper ot LOT, any. snow. or exhibition of. ene. te. Ses | 887 1594 890 1606 WAveerevORomruGwe Ore exhibition licens@ si. eies ness va ee lees 888 1596 relations and powers as to Smoke Department—See Smoke. member ex-officio Mullanphy Emigrant Relief Fund Board.. 902 1657 when to send to Council his appointment of officers for con- NTT M a LE ae 9 BOR “at eee) ER ee eee! Se ce ears ania mM From 907 1685 UE TATION vOPO UL AUSCICO. 0). «ie. Fcrwe oie oa asaj ete, soa yea’ do elanaie ak Sie selaid 908 1688 rights and duties as to foundlings—See Foundlings. Saree eam TEE: COTE ia) LOOT Se eect avn ora Srctata vel ei theiel'e dag atcha a eleie as, aees 916 1735 may control Superintendent of Work-House in treatment of un- PLE CU TOL eee cl ae Ce CELA Us ote voted dns dha Vatdeeyceusd J Glas orth t epene 920 1756 to be notified of escaped Work-House prisoners................ 921 “TDC may hold or permit intercourse with Work-House prisoners.... 922 1762 approval of, for working Work-House prisoners on public work.. 923 1770 duties with respect Board of Examiners of Plumbers. See Ap- Te pare he © ORM Nat he Pee EL Ok Gell OR UP eee ue mne Bee. ral Bases ah eterctel da 1150-1153 _approval of actions of Public Baths Commission.............. 931 1804 certificate to, of applicant for Porters’ license..............--. 932 1805 1Orapprove selection. of ‘standsifor vehicles: suv. one ss vis ob oe me report to condemn use of street railroad way to use of another ¢ 964 1896 Bra set UVP CO eC ae EV Oi tetas Win Gea te a wt a. eg) ature o Winleahd abe | 964 1897 notice to of surrender of franchise of street-railway............ 965 1900 HUDLOVAalmUM CONT ACLS. 100 + INUSIC vil » DATICS tin. o's Osis nnd con.c eee o 999 2034 Peale vOlLsaltina sand “OLLCT, INCSSAZES (OL. ca ware e's sluas ed's bse te 1001 2037 may revoke license of intelligence office keepers, when.......... 1031 2182 may inspect returns of manufacturers, for license estimates.... 1034 2191 may inspect returns of merchants, for license estimate3...... 1037 2202 mV Cis Dawn PlLOKOLS STERISLCr wc. gs cre ce'cc.k cos a ws vic co oe Seo tele 1040 2213 when may issue special short license to peddlers or hawkers.... 1043 2228 may revoke ticket brokers’ license, when and how.......... 1044 2234 with State Auditor may require additional bond from Collector.. 1054 2289 may order new election if Collector fails to give bond........ 1055 2289 may inspect registry book of second-hand dealers............ 1058 2300 ek fe { 1076 2373 to approve formal contracts of Supply Commissioner............ 1 1079 9239 to countersign orders drawn on banks selected for deposit of CUT aren) TV Cs cr er ga ee Ut CRS a oc e a Sie encei aie inveldacivs 1080 2390 duties as to city bonds—See Treasury Department. may agree with Commissioner of Supplies not to receive bids of CRE Cen PED wet i ee hee RE I Th er aets hier th aia ieee. «os ce 84 3) le awe 1079 2384 ; ; . , 1084 2401 appoints annual committee to examine accounts of fiscal officers i 1085 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 officers 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 TOT AL GLA AA aero ec ee re ee a ae Thee Gee ok cies wigs MS teal de 1089 2427 and Comptroller may quit-claim property bought in by city or (1091 2432 under lien to city, on account of special tax-bills, when and LOW er Sad cea alg ets be vib is a eee ble rie EN Oe eine we Cap yids © , 1246 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. e MAYOR—Continued. PAGE. SEC. i pooks of: Treasurer: open: to) inspection Ofs..... sce. esse ee ee 1092 2439 $ with Treasurer and Comptroller to select banks for depositing city : TUNnGS, > ‘TELULATIONS c Grces wnat ee eee hea: Seer ee eae lei 1092 2439 : to*approve rules made by #Treasurere. aun. ac cee lee nee eee 1095 2444 i to prescribe seal for weights and measures...................6. 1114 2001 4 revocation of license of lumber-inspectors, etc................-. 1129 2594 f [ to appoint the following under ordinance provisions: é Commissioner:of) Public? Bulldinese yc ee ees ne eters ores { oe Nor members ‘or Board sob AD PGals erie rere ae tans ck hate a RU aed 561 58 GILY SULVEV OLS Re ate hee re eee eee ite Pekee ane teh UN ales al oe cen ne { ae sos § FACLOTY MNSPECLOT eesked le sis AL ee eee et es Oe ce a 622 276 5 P f 662 437 certain \menrbers Nor Boards ObmrenitDy wot he akan ee eee 1 868 1509 City ‘Bacteriolozist We ae oa te mie oe nee atts sutetere tte mete anata anions 667 465 ? ; 669 476 Ga hea arn ls cv ash ES) enema aie Sein ANE IE ME CoP ere Sh) Oe hy 868 1509 superintendents of City Hospital, Insane Asylum, Female Hos- ( 723 rely Pilal Quarantine s er wee ee ae taal eee Bes ee a i 868 1509 : RY er res Superintendent: of ).POor-HOluse ys nee ere ce eee a aoene wees 1 868 1509 CIEYNSBOTESLOT Ss Si Vie idl oes ohohe evadions te we ene Cand can Reni eae eal ears 812 1248 ; : 819 1268 Police’. Justices/*and (clerks. Aaa niee ieee eee eee rane an 868 1509 Police Justice of Police Court South of Arsenal street and 831 1318 ASSES GA TEY YS Oe OC Ths Bere screen ee fate te al Bev ale. O(a i ae 868 1509 clerk of Justice South of Arsenal street.................. 831 1319 attorney for Police Court South of Arsenal street........ 831 1320 City, A LLOINEV ys cue tires tales aac cue ate ic alm, Gilets tk adt oes eee 868 1509 : ! i hp Se) 1337 Assistant City ADEOTTIOV Sy) Sareea hese ee Ah clay Sn een ee mr ae \ 868 1509 ASSOCTATC CITY ELOPI Oy etree Telot ore scn ks raiiic tpt ei titer ae A ae ea 837 1344 Cita OUNS CLOT ieee es Creel ede rete late. ns aisene. Wa eta dais nn en eee 868 1509 ‘ : 838 1351 Associate City, COUMSELOTy Wier clio se is) carat olen oedema ce eee | 868 1509 : ; 839 1354 Second Associate (ity Counselor ye4 cde ace t eee ee ee { 868 1509 : c ; 839 1356 Assistant?) CIty COUnBe LOM mates iim coe. lena s oe ene alae en aoe een { 868 1509 Market-Masters) ic ies mre micas ace Vee ea ene Cee eae oats 855 1434 Street? Commissioner irewe mr iwe wie oct ey ae ee Svea nen ne 868 1509 Sewer COMMISBIOTET ay aire eile eee is ek fase Wel rane enna een 868 1509 Water! CommissSioneniyenitor ete) tit t/ oa) he a AER ahalls en ae aoe Ra 868 1509 : Harbor :and “Whart \Qommiss1oner ss). cc. isikW eet see elec aaet 868 1509 Park) COM MISSIGHEE ee ma Wom aye ie acl oo s) Se ea Oem eo ne a pea 868 1509 { Gas: ‘COMMISSIDNGT Fie saad courts cate F)k ha cl ci Ne ae Sates oN i 868 1509 f TLAcenSs ee)! COMMSSIOTMEL ieee teeter ate sen Ciclo oral circa an Ramee cat anes 868 1509 i Health, Commission erree ec ee cake ee Se tae ee ee 868 1509 : Ae ‘ { 868 1509 CoOMMiIssiONner- OL OU DP eben vite ese ee ais oi poi ees ig ) 1077 2266 t Commissioners of. Chariraple institutions: «0 soon ee 868 1509 Vt Ut a ae Superintendent of -WorksHieuset eri. vA oe Sen ee 868 1509 Superintendent of House of Refuge or St. L. Indust. School. 868 1509 : Superintendent of Fire and Police Telegraph............... 868 1509 ‘ Assessor, andCollectors WaLeran nares. (s ct Pe aa eee 868 $509 | PATO sy op eal i Re Cenc come he pea ge a aa ae 868 1509 District: ASSESSOTS I io Bucs tite ete ia eta aT ik, Se SO SON een 868 1509 : | Chief Fire’ Departmientirn vie saws ecient! tisk ou teat Natal as evit ee 868 1509 | MilkiInsped toric he cee tanto aie sh Ere hore Laan mea 868 1509 : Weigher’ of) SGales: o's 5s teams he cere wi hrs auecae eae nese mene 508 pon INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1247 Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. Index to State Laws for St. Louis, pp. 225-256. MAYOR— (/o appoint, continued.) . PAGE. SEC. Inspector and Measurer of Lumber and Deputies........... 868 1509 Inspectors of Boilers and Elevators.................. CEE i, f 868 1509 L 1066 2328 Pee ree EERE use les 60 Co 2 oa ose ee iG, hd ed a le ae 868 1509 Board of Managers St. Louis Industrial School............. 869 1510 So mertan pee or and \ DEputles.. doy k.cguc he vesatiee a eel e 894 1622 officers to fill place of suspended elective officer........... 909 1693 officers to fill place of removed appointive officer.......... * 910 1703 Board Examiners of Plumbers, see Appendix, ord. 23007. .1150-1153 Pe ese eC OM MI SBLOLY 6 2 ob 2 ake de. ee ee ae eee 931 1803 same—Public Recreation Commission, ord. 22869, Appendix. 1153 Pee OAS UL OR. WILCTY 2 ys iss'ctels: o. . ee ee ee nee oe 899 1646 keeping .dangzerows, dog iy, cave ee cle eters cs cee tee anny ee eae 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............ SL LTS failure of officers to furnish information to Commissioners on, Charitablesinstivutions oe ci seoitin cts sues atelceeeat scarce 913 1719 trespass at work house, aiding prisoner to escape or inter- tering with vOLncers tiveness is ica sis c cacheucetrs cate eee te 924 1774 violation of article on plumbing and drain-laying........... 930 1801 violation of duties *Dyepubplic? Perlers).; wc... + een eee ee oe 933 Aaee violation.oLf articlevom vehicle -eteren.. oe Late ee ete 941 1831 refusal of vehicle driver to carry passengers or of passenger refusing TATe.iG ceeds cee Sn erotic es Eire seca ate ener 941 1832 charging higher rates for use of vehicles than fixed by ordi- MANGE Gidea lie Bee creer barrens eee neee Rta era Ger Le een eee cae 943 1839 officers conniving at overcharging for vehicles............. 943 1842 drivers of public conveyances, away from vehicle, or lounging abouts Olee men Seti Sete Is cies ee eee ees nate one apne ea 944 1843 vehicles violating article on vehicle stands................. 945 1848 VWiolatin = hack stand esectron: sins auto. eee ccc ete ee nee 945 1850 996 2018 violation of park’ regulations, set forthiicacs .eeeee ee eee | to to 999 2035 Violatine: . ie. cee wee 3 we 655 396 Violation of Milk Inspection Laws. AEP LED UT EYRE EMIT CLC Ott Serf oy ch ho! Ga 6 22D cdot ose dba elwia. eae gate «see oaoes 672 489 not keeping receptacle for milk and cream clean............ 673 492 Talluresto Opal, Milk liGense resister, CIGD cc a cre ere 673 493 failure to observe LEO rte to obtain license, register, oe a Re St ae rae Ra ta ean! PG kD os Moi a ee ‘a 'e eb ce alele a '0 has 674 494 TAU LOSUGSietiigie Wi bk-WasOls Ges wes Pie san CaN Ree eee 4 675 495 CALEY IDS PUL Oeil touOk COU CAI Gis ee aie ete. « sas wpe le eo ae en te e!wi 0c 675 497 Hawt PCOCUCLS: OL EID TO oI OUG Io. wis cain ee e005 oo bern, a eer cle 675 ye adulterated. OF SEIMMeCG MILK SUC. ia ws bale sie oe he a ae 9.0 a0 { th 555 milk containing foreign matter, coloring, preservative, etc.. 676 500 selling, ete., milk which does not contain certain ingre- RR ibs wir ot AES Nt de oe Orga Wg ae See rec ee MADR a Seah ate ors 676 501 selling, etc., cream not containing, ete., or from impure milk 677 502 condensed, preserved or evaporated milk...............206- 677 503 regulations. as. to. butter-milk) ‘violated «20.0.5. 2. wee dees cee 677 504 regulations as to skimmed milk violated................... 678 505 sale of milk or cream within certain time of parturition..... 678 506 interfering with authorized persons inspecting milk, etc..... 679 507 ‘officer or employee conniving at violation of milk inspection fae are sick cows and horses about Milles aplene ee Lee akiae { 680 B10 manufacturing, using, selling milk adulterants, preserva- PE V GSS Obras wee eka rahe ine Gm ee Maths, ha he Ua ein ect ae! AOS, bch he 679 511 1256 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. | Index to State Laws for St. Louis, pp. 225-256. MI SDEMEANORS—Continued. Violations of Dairies and Cow-Stable Reguation® failure to observe regulations to keep stables, etc., clean.... failure to have sewer connections with dairies or interfering With Catch’ DASINSi= SLC anche ness Giese be Sat ei bes ee running dairy or cow-stable without ordinance being ob- Gained Hhcs ico Sie Ra ae aces eae re 8 lca hoe ee ara aero AU violating regulations for building cow-stables or dairies..... dairies and cow-stable nuisance, failure to abate............ sick cows, milk not to be sold, cows removed, etc.......... connivance of officer to violate article of dairies and cow- BEADLE brine ark eee eee ear ica me bao ine ota Oe ara Ne tee ere ae eee sale of milk from dairy where prevails small-pox, fever or CONntaAIOUS | GISCASC POLC ME, crak Rist ste erate tec cee ee eee ie eee violation of article where no other penalty provided........ dairymen without location, failing to have weights and meas- UTeés (Tasted = ieee eee os ee eee a oy ce cae De connected with nuisances. sinks, ‘basins; "ete. “wRenunuisance ee ioe na cen enne oee nee ea filthy (water, nauseous iqduids, setCin iy cnink. swan ue losaet ct rubbish; putrid? meat; Otaly Sarhbaseverce precy venience ce burning “stuff on, street, or lot.) (See whires. Je. ee eee el dead‘animals; filth, rubbish,“ere son Stree tstes) sone, ee cee failure to whitewash slaughter-house...............2-ee+e+ failure to! cut tweeds, (orerem OVeel toi fe eke wh a ate eet aaee tsp ete ones penalty for violating provisions of article on nuisances, etc. tailureto abate nuisance -onenouce (etc scene eee eee interference with contractor for city, abating nuisances..... obstructing sewers so as to create nuisance................ connected with streets, alleys, sidewalks. gas, sewer and water connections not made in advance of Street) CONSLTUCHON ose we eta etree oo cis) a) kd ee ee ee cross-grader for, ‘alley requirement. 0) <<. che aoe ee constructing sidewalk contrary to ordinance................ misplacing gas or water stop-cocks..... PR init ee es AM Ne disregarding regulations for vaults under sidewalks........ failure to fence, etc., excavations, or display danger-signal. (see also excavations) DEM Jk fe han SRI oy yg Gos Kone TANS rubbish from burned buildings On: sidewalka: tua e wana disregarding regulations for temporary occupation of streets and highways, for building purposes. vu. e an oe ee oe cae barbed wire’ fences) alone «sidewalks 2.0.0). sis, ox cele diel, oie es driving on sidewalks, hitching to tree, etc........:......... failure to protect excavations for public works. See Hxcava- tions. making unauthorized—See Hzcavations. vaults extending into streets to be covered and protected.. openings in sidewalks, failure to follow regulations......... insecure or open cellar doors or gratings: .....6...0...2.8.% projecting signs, goods on sidewalk, obstructing street, etc.. projecting balconies, show windows, etc................06- fruit, candy or newspaper stands interfering with traffic.... throwing ‘fruit; ete. onrwalksor Dien way a7; ne ere Se hoisting merchandise, etc., over highway................... injuring public property on highway, etc..\......0......ss"% defacing public property on highway, etc..............<.... throwing coal. or firewood on highway.................eeee- obstructing'street by veliche a. cc wien) si a ee eae ee INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1257 Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. Index to State Laws for St. Louis, pp. 225-256. MISDEMEANORS—Continued. (Connected with streets, alleys, etc. continued. ) PAGE. SEC. unauthorized obstructions in highways—See Obstructions. ( 808 1225 spilling dirt, garbage, etc., on street from wagon ie hee * > og VRE NEE 2A UE WV AS Vsd ew ee te ee te et te ew } 702 614 CTL 688 SRN RRIIM CIMA LOO eyes or ie a idee tetd Petey Plc eG ea TER Ree UR 809 122 pouring or spilling liquids on asphalt or bituminous streets. 809 1228 - failure to observe regulations as to oil-using vehicles, auto- Pmt t00-Crean WaZONSs, QlGCi dade oe 6 eee ole Wike tere shen 810 1232 failure to keep sidewalks, alleys and gutters free of filth, ROUTE ACO LH Mics oo Oi uis & cece Roe oe CRs Tee 810 123 Pevowin . : ; S91 1614 g stones, shooting arrows, pellets, ete., on highways. { 891 1615 rf 97 selling horses or live stock at auction on street............ 1021 athe littering streets, advertising on sidewalks, ete............. 810 1235 injuring appliances or apparatus for lighting city.......... 811 1236 Mreakinev Or removing GANZel SIGNALS. alk so cies. oi all enc otehe 811 123 failure to fill up or fence holes or excavations on notice..... 811 1239 making fires on streets, sidewalks, etc.—See Fire. PEt aces WU Id 11 So) LY ACE act ee eters Kg enue, chee ete. Hake tava hign Wes 871 1518 throwing confetti or flour on streets, ete—See ord. 22564, Diep POUMOLELAO OeCr LOS Tar Gia. cule caste eens ae oN 877 1537a drinking on, or creating disturbances on the streets........ 877 1538 parades, processions, etc., when prohibited................. \ Ae fein Asi ‘ : 880 L551 Speco 101) TORtANTOMODUGS.0 GLC. os wis. An agiala v's «A, dieye vo os { 880 1552 driving on—See Driving. ie ITSO IES LEC es et! visits sce akicits SA hho ee Oa ee 882 1562 Neat en) VET) GOT Leen) Wek Wi ce Cire he. g's a ccc ak ies otra sl eles wae gt die 882 1564 driving cattle—See Cattle. throwing articles on streets, etc., that may injure animals DT REN STEN TH Bh ta Ce SE a oe Ne LS RL a Ten 891 1609 for violations 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 14438 Be MTP ULSOl Met Och Ol mLOOU.GLGiits kv, 04.0 ona runners oases ees lc con ecctaae eae 1046 2246 doing business without license as stockyards, sales-stables or horse and cattle dealer ita. eters ties oa ciclerct bintetonete 1047 2255 vault-cleaners, -unlicénseds 230 sen ere ee 1050 2269 billiard tables not properly licensed, etec................... 1051 2273 violation of license article for sundry vocations............ 1053 2279 penalty failure to pay licenses 105% 2284 NRE ete TORE ES Ar cia ikeets Ac cies ise 1054 9985 unlicensed persons in charge of steam boilers or elevators.. 1068 Zao using city water without license, or abusing water privilege, 1 A AMEN Menara wereree oar Mun rede iby va thn Np aye 3a evr 1101 2475 using’ portable scale without! lieensev. dyucAe ew eee 1128 2586 inspection or measuring of lumber after revocation of Rue 1129 2594 méasuring lumber without, icense: wens sess ve ayes wee ela, pe 1130 2599 offenses affecting public morals and decency. drunkenness. in: public- places sree eee a a oe eee ae 870 1515 indecent exposure, indecent dress, dress of opposite sex, lewd behavior. Clea Pacem ee eit ben yt ial tc vw ae ee ee 870 1516 lewd books, pictures or plays or performances............. 870 1516 indecent pictures or pallitings in saloons...) bees see eee 1028 2162 swimming incthe \dayvtne in ee Ais soa nie aioe cen eee 870 Ly keeping bawdy or assignation houses, or harboring girls UNder LS | oo PSs Ae omen rece te ae hve, goa ne, i ee 871 1518 frequenting or being inmate of bawdy house............... 871 1518 permitting house to be used as bawdy house after notice POM’, DOLCE oes eos ee Meas Sa tcrass. 4. 9a so bees ae Scare el Oo eee 871 1518 street-walkers at night, or at beer-gardens, or as dancing Fab id En 21 A CR ae ede prt be 8 YS ot) eal ea Rr Bie bs Una os A 871 1518 male frequenters or keepers of bawdy-houses............... 871 1518 bawds “plying Wocation +s. mewcatee te are eas clo aie eee eta eee 871 1518 note of decisions on bawdy houses, etc., see note to sec. 1518. 871 enticement or attempted enticement of girls into bawdy- house; asslenavon Vetee wa cae wie ks es le cia ehate ren rerpione 872 1519 employment of lewd women in dramshops...............-+. 872 1520 opium. dens, keeping or attendimaer.. |. oc s..'.inmel- ey oe eee 872 1521 improper advertisements for alleged cure of venereal diseases | 20h ee eo ee ees es ode clea krack Le 873 1522 distribution of advertisements or books on venereal dis- 15238 eases or for abortions, non-conception, etc............. 873 1524 newspaper advertisements for venereal diseases, or abor- Lions! NON-CONCEP TION Cle ae ree ce he eles an a ee 873 1525 gambling device, setting up or permitting playing........... 874 1526 betting on igambling device neiGia woes. 6 sc 4s aie pede eee ee 874 1527 permitting premises to be used for gambling................ 874 1528 keeping common j2aming Rouse mis iecw.o +. ce aan eee ae 875 1529 letting premises for gambling device: 2. <2 sla. ee eee 875 1530 gaming? “cards, dice,’ bettine ete were ode esas oe ein le ee 875 1532 establishing lottery or aiding or advertising lottery......... 875 T5338 sale of; or keeping; tickets! fordoaltemesen... : -i 5. a eee 876 1534 letting’ premises -for lotteries Bees oie oars se dice. es ea 876 1535 1586 spitting in-pwblic*places: i sctacamnncee fee wena ne oe meee ee 886 | to 1589 pigeon-drop ping’ 1S eee ernest on ete 897 1633 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1259 Index to Scheme, pp. 279-286. { Index to Charter and Notes, pp. 463-542. Index to State Laws for St. Lowis, pp. 225-256. MISDEMEANORS—Continued. PAGE. SEC. affecting public order or peace: DIGG e GBHGMbBUES 3. sli URE he serene ms wrt Me ates 876 1536 disturbance of the peace, assault, fighting, etc.............. 877 15387 throwing confetti, flour, ete. See appendix. Ord. 22564, p. LLB OY: NOt TOBRC IOS TOen une Tanai te eee le be bk 877 1537a. disturbance of peace on streets or public places, profane latieuarce, canning sbeerrioatine, "ele: 60, oa cae kha 877 1538 keeper of dram-shop permitting disturbance, selling liquor Mor OL BN KEN AVELBOTiaa cee earn G ee eres, che tem NOE Qe Diary 878 1539 bands of music, parades, processions { saat ie : PDT OGe Ne OLLSic tie coke Mins ean late, halace ete ce 879 1547 Pree PIN EC Telieiqus es worships ssl. cet ke Tre the see ee oe 878 1541 disturbing lawful assemblages, refusal to disperse.......... 878 1542 blowing whistles in factories, mills, etc..................-. 879 Aber false fre. alarm:cintentionally “caused viii. ek A. eee es 879 1545 ringing bells for PUCEOUS TGC Aa Kote a aisles Woes cals tenons Cae ae 879 1546 hand organs, or other musical instruments, on streets....... 879 1547 Carmminewslonenshois brassuknuckles, 6tey oss sc44ss9¢5a. lees 879 1548 ; : ahs 879 1549 carrying concealed weapons without permit............... 1 880) 1550 decisions on carrying concealed weapons. See note to sec. Et hy ps Leer ols ea ATE AE dae mene Nae, ha Nad: 880 offenses affecting the public safety. [See also under Misdemean- ors, miscellaneous. ] speed limit for automobiles and horseless vehicles.......... 880 ee Same, references to State Laws. See note to sec. 1551...... 880 880 1553 PONCE CULL tE ST aePePUCPRTLOD DL mabe ceed fh onde E es ce alps aha o'da pore. Glueseane fons tae ad tes o,.8 to to 881 1557 TASC) OT Vinee TU A WEVA Orses “COLLISIONS, asus «4 do ae dee sien 881 1558 CT MELD MELTS ELS Sre ty ene eh testes Ge foe 2 ee igi a a) Sas ey red ake aS mclrored 881 1558 aay ’ : { 881 1559 GLEV isis LUMO LM ACEO TO DCH sree ie che tis widow © ik ls, weeta hia spurt love 1 382 1560 rules of the road—See Driving. PIE TROT RR CLS Phe OE a CoA Sg te ice A SP ee ee 882 1562 blasting rock near highway—See Stonequarries. : : Sra s 882 1566 firearms loaded with ball discharge in theatres............. 1 882 1567 Serineenvesrins Olsamimunition to Minors... 2.6. ce cs 883 ge speed over bridges—See Bridge; Driving. general penalty clause violation of article................. 883 1573 driving cattle through streets—See Cattle. violation of steam railroad ordinances: failure to keep gates and watchman at crossing............ 946 1853 failure to observe regulations as to obstructing streets, manning cars, ringing bell, whistling, backing up, etc.. 948 1858 obstruction of streets intersecting Poplar, by railroads..... 949 1861 Climbine-on “engine switthe in mMolions ist ket eek ec a Os 949 1862 connected with street railways or street cars: BDITLINE IDF etreets Cure sae ks Sates aie PPR Ce er tn 886 1586 minors getting on moving cars [repealed]. a ee er ee 892 1617 violation of speed or time schedule sections................ 955 1868 violation of any section not specifically covered............ 955 1868 promulgating or preparing unlawful schedules.............. 955 1868 violating regulations slowing down, receiving or discharg- in? Dassereeren Clee LONE: AGUGS Oem: ciciele ns ists Chee wv 957 1871 printed copy to be posted in cars, failure is................. 957 1872 failure to use new fenders on street Cars...............-5-. 958 1874 operating Cars Without Tenders a eis cies 5 doe ns ela pew wets wes 958 1875 PAINE OI LOU ela he Fae nivel ao eae a es tah 8 oe a oe lily awonis 958 1876 1260 INDEX TO REVISED CODE OR GENERAL ORDINANCKES. Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. Index to State Laws for St. Louis, pp. 225-256. MISDEMEANORS— (Connected with street-cars—continued.) PAGE. failure to use proper brakes on street cars................. 959 failure to provide new brakes when required............... 959 failure to observe provisions for guage, rails, etc........ 4 960 failure:to reconstruct tracksy CtC reac a as dest tec tee 960 failure’ to repair space between rails..4.. 0.0 ).5 i052... due 960 violating any provision of street railway ordinance......... 961 driving contrary to right of way of street cars............. 961 street railway companies failing to report as required, or interference with inspectors investigating reports. os L049 street railways failing’ to pay license on notices... 2.2. wn. sen 1049 failure of company to keep crossings and termini clear of MUGASNOW, ICE CLOW aS Veale ote he Wicadtes er abetnae ChE Teta frreete inte eons 962 failure of street car company to sprinkle space between PALS OUGS > i aAees aval teeta anaebe OPE RGN e! Haney, Werner ee Slats a gat 24 966 connected with weights and measures, weighers, scales, sales, etc. selling less quantity of firewood than ticket shows......... 633 concealing or attempting, weights and measures from in- SHECELON |). hohe veda a cde t's 902 1658 OLUCeESIOLP Ss Warne one a atakin Cale bie mine S Es tec Sorte eee hols oa 902 1659 REAL CRM CERNE OSE ee neal taeda pt WN Olinin eieter ota aNal als fe av iidllbie whe @e''b' 902 1660 DOWEL OMG tee OD LUN ey Aree ate shel cM dtd oe ueUe tO y lav oia’wave wi ele lave a's 902 1661 NISC SAL g eo Ch MEGS ite ee dae Bien A LE oe Fn a Pe Ce ee 903 1662 PeCUMIsea Nee DOlLetOre OAT at Gh sets vi atett eerie & hla eis ce ute we thee 903 1663 Mitiessand, Salaries OL OLNCErS sOL BOAT eee ale ciate cece e's 903 1664 PL tOSme NO D0 Wels (OLE TCOINGE COLT 0 5 to leters Utes inten elk 4: .0R wie. cial oe 903 1665 DOW Ors wall GOULLOB EOIN VLCO-P TOSIOQeCILb ay sia lalstr eaisie inte she's blale ae ws 0 904 1666 duties, powers of Secretary, publish records, keep accounts, funds 904 1667 assistant Secretary, powers, duties, assist emigrants, protect EGE MATES gah Vala iougie st ROC NG » Qa RL Oe ie gs eA ag a ea IRC 904 1668 HOCMPeINIe TAL Ce nO Wa DLO VAGeU! 1 Oli. ahem aril la aie, eile 8 olahe eiaee one 905 1669 CeCe Orta WaCLG BIOCHLEU se WOMTS 1 ot etcat.. bie pi selhle She Ws so silo ld las uy e's 905 1670 TeRMeeC Le an OWSBOLO Ole LOABOU 27 tie te See) scat aise epi cholo oaks vin & aie e 905 1671 VACHIC VME ORT Ose Wheladeemeds CO, “EOXISL Wiis es ii sie e's cate na ss ees 905 1672 MUNICIPAL ASSEMBLY— [This heading includes matters pertaining to both Houses alike; for matters peculiar to either the Council or House, see re- spectively Council and House of Delegates. |] rooms of gee E ny COE ae ve, Sie UP RA AINERW MLSS) ods /RiSea gy ecole wie’ ei-e eS 548 9 658 415 ferry licenses Dye, Aud revocation CNGTCOL Ais fois 60 see eo s0 is bee Bis 659 420 661 429 GItV ALOT eG Van CGm 20 VEG vm ke etait ae aie a choke ooc at d's sree alee Kk e's e's 836 1339 either house or committee from, when may call on City Counselor De ACh at eaae Lee ee ee Teme Pee oly als, Geog! «as bux si soa a8. Am 841 1369 elections to, see Elections. COUMLDPGNSALLON BOL SINGIN DELS MOL eae eat sare eolieais sw a's gieiuie oy itiale 843 1378 BALATI GR Ole GLI Cie ieee Cee tare ee ete ne ccs Wil ede ya s'e ae belies’ 0 vos 845 1385 : 844 1379 BHC BODO LOT g OL oa WIRCELLLOE: PePUME Tele aie a as 2% sed a lere hes ee nik 1 866 1496 PAMOVALOLSBGLATIOO MULUCOT OL OLE pitas 60 Gu ulna cts wuss 8 ack Ee oR ene « 844 1382 1262 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. Index to State Laws for St. Louis, pp. 225-256. MUNICIPAL ASSEMBLY—Continued. PAGE. SEC. oie 845 1386 janitora for: ee Re ete ec tonee ¢ ck eng een eae / R45 1387 rules and regulations made by each House of.................. 846 1388 resignations: Of? MeCNUDers moO aerate oe cohek sks in tasnlcketo-chedencualo pe ere meee 846 1389 elections to fill vacancies—See Elections. printed copies of proceedings of, to be furnished members...... 846 1391 printed copies of proceedings to be furnished to whom.......... 1002 2043 may authorize subpoenas of persons, and production of papers in investigations: by.4Committees: GtG a..2\.i,.>-sceskniel evel rea 846 1392 proceedings in casevolpwerits-ol subpoenas.) sie ee eee eee 846 1392 decisions on right of, to punish for contempt for failure to obey subpoenas, etc.,. see note. to sec. 1392... 2.) wheats Meera 846 attachment of persons by, when may isSue...............cee08- 847 1393 contempt, :contumacy, .etc.. how, dealt withs DY .. + .o. me eee ee 847 13894 either: house..may (issue subpoenas... ). Wcee ast te eee eee 847 1395 réequisitions,: "WhOer bo MAKE A. os cee cal eek ooeealine ap eene aera eee ana Be 848 1396 convened by Mayor, organization new administration.......... 865 1490 to determine who elected Mayor, give notice of installation.... 865 1491 installation SOF MM AVOLFs DV Aiea clea nave Weta mumnere pret eer ee Re 865 1492 committees of, may require presence of Commissioners of Penal and =CharitablerInstitutions \. \ ic senree 2 ee ee ee nee ne 914 1723 may hold intercourse with Work-House prisoners.............. 922 1762 proceedings of, to be published in what form.................. 1001 2037 may inspect returns for license by manufacturers.............. 1034 2191 may inspect returns for license by merchants.................. 1037 2202 ways and means committees, examining treasurer’s accounts.... aaa ae same—Comptroller and Fund Commissioners................... 1082 2392 to have access to Auditor’s books and information.............. 1088 2418 Comptrollerthas seat) in, thule mor voter ye seer ee re eee 1089 2427 pooks of: Treasurer, open ito inspection (Ofc... eee bee oes 1092 2439 MUNICIPAL OWNERSHIP— of lighting plant—See Lighting of Streets, Public Places and Pub- lic Buildings. “ of locomoattyve, \etc.. Tor wales WOrKS «1. < oe een ne tee cee eee 982 1962 MUSEUMS— er 2270 | 1051 2271 licenses for, provisions, etc j 1052 2274 ’ p SUN aS aie isn Celene: @ mle) © 0 opti @ 1606 neues) bp auellalia: =) s)fol ele 1053 2281 | 1053 2282 (1054 2283 See Hxhibitions or Shows. MUSIC— bands, when prohibited on streets, see Misdemeanors. hand organs and other instruments, etc,, prohibited, see Misde- meanors. in parks Provisions cONCernINg a. e ne ee ts ee een 999 2034 exhibitions for -eain. license st Co reel oe ere ae oe ae oeoencee 1051 2271 N NAPTHA— P‘anr, SEC. 613 233 how: eiarded wy). eerie os oat rcke feast ease che dit coe eeiane ae Cane e mneeS 1 613 934 NATATORIUM— See Swimming Schools and Baths. NITRO-GLYCERINE— regulations 4COnCernIN Si s42 Gia the oat le wield o tae es ee 551-553 19-26 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1263 Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. Index to State Laws for St. Louis, pp. 225-256. NOTICE— PAGE. SEC. of compliance with building code laws—See Buildings. that new theatre building does not conform to ordinance....... 607 210 where, Dulldinge cis sdanrercdsy Or UNSALE 0... ss sku vies es cade voce de { ae ae La TOMOVe. SLMIClUress bey ONG nw OaTieliuss o4 wa os or ata sty 643 350 in case of obstruction of harbor by wreckage.................. 644 355 whereewvoert sODe LUC tet Ov LOOGN fon oe oc cals cloth eb oes Oiled bs 646 362 to owner of cow-stable or dairy which is nuisance.............. 683 522 of prohibitton of sale of milk from diseased cows.............. 684 529 tO COUMGCEIDE Vics candm vaAlLLS WILD ASGW eS: so oe te oe eu eee bw eos 691 576 COMTECOUS CUCL WOPmCODTOGt. VATELLS SCLC. at, c/ascale cise sais t avlcls Sea os 692 578 NELOTS COMWVICLION TOL MN iisance: ON PreMisesiie. sveks eek bce dc be ces 698 591 to abate nuisances—See Nuisance. in case of contagious or infectious diseases—See Contagious or Infectious Diseases. EUG) hee res ELIT oie rer ee Me Ne ete he ees ha ae oN duels § (oes sla os woke PAA Sr te 740 821 of district to be benefited in street opening cases............... 752 878 LOC DIOperly OWNEralo renal isidewallin cece s stele EB Sow ke elerwelees 758 904 SURUTODCTL YO WUC ICO CTCOAILE AILEY. suite oc see ee aati hla ok) fae ba © 759 910 LORECINOVGRODSEFUCUIONS LUOINE DIS OU WAYS. sata hs ck cents, 66s ol ve wb 769 934 LOVTOMmMOVEe Obstruction by, publication, “When soo ns6 0/5 Joe bw este Be 769 935 : : ; 788 1124 of change, alteration, etc., of poles or wires in streets.’.......... 1 800 1182 CORTCILOVErUCaU me IOCLEICU WET CGS oe cacc ey tava outi's, gh ata ers om ak dh absiauhys, araiie (3) 1151 LOE TU Ory TENCERCXCAVALIONS 1 core ergs sin sis es Stn ee SREAC AR one eel tos 811 1239 to properly locateseas-and) water! stop-cocksiioc nn fs elem we ae. 812 1244 to property owners to select shade trees................ cece eee 814 1255 and process in Police Court cases, to be on City Attorney for city 827 1302 OL -specialusession Ol, Municipal Assembly... i... ee ads ee Ie { ye he to Mayor of installation, from Municipal Assembly............. 865 1491 PA UECOG SINUSES OS ILILZZ LOU ce teal ten te etre ne) ol chai eal atobalid cms (al ets: 899 1644 of charges to be served on suspended elective officer............ 909 1697 : ] 909 1692 to council of removal or suspension of officers................. { 910 1703 CL UCeCR COA WOLkKALOURG MS DUISOLELS 11 scare @ ayia cis Mere ona Aiocatye, osaed al ae 921 1757 OLETOHUSLEtLONSSUL CO LC CATS rote iste temic e's o nik tol diape ol a UHL Aaeldos io) aks 958 1874 ALP a kOsal Gi SLY ee tt CALS celeron slate olauhshenewe, «yeh SivkelSidtinba'ele a: c/a) be! aus 959 1877 LOQETCDAITU SLY CCU-CA PALI ACK Sige. ciele ciated a aa bad vibha ons Wig trate, louse aldlel 9 €. 960 1882 of report use of railroad way by another company.............. 964 1897 to Mayor of surrender of street railway franchise............. 965 1900 : . 967 1905 Ole era Le MeCClliio ne twig bate sitactertishs aia ateratatatets te yein’ a) oe’ e vote ais. ¢ fePmcw 3 { 967 1906 no action without notice to absent commissioners.............. 969 1914 of proposed meeting of B. P. I. to consider street or alley im- DRUCCTHOILE MLC Clee ote h oa oad Pallet cee hans. ah aren taior Bass, waa ausse Sroyers 969 1918 of hearing of complaints against defective public work......... 972 NoEE of lettings for public work—See Public Work; Advertisements. of difference between return and assessment of personal property TCPR EEL DE) CURR Re ely ER aha ec dint ataie) cateit s he ie ees new os 1011 2095 of completion of books in assessor’s Office................e ee eee 1011 2096 by publication of merchants and manufacturers provisions as to license taxes—See Publication. prior to revocation of ticket brokers license.................+6- 1044 2234 by license collector to street railways to pay license............ 1049 2262 of hearing before B. P. I. to compel connection with private SEU @ Pk te Ee le, ite atteldis ciel aeiuiers muse ky 8) 8 a whe esa 1061 2311 of inspection of boilers ten days in advance...............+.4-- 1067 2329 of change of employment from licensed engineers.............. 1072 2349 Or cefects inv eGlevators from INSPeCCLOr cs oh). ces ook oc ale eee ess 1074 2361 of plans, etc., and contract for building new boilers or elevators. 1074 2363 1264 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. Index to State Laws for St. Louis, pp. 225-256. NOTICE—Continued. PAGE. by Comptroller to parties whose property city acquired under Spe- claleT'ax,) to -besredcomed serrgns areiin y ecaly cle ae ee ee er 1091 1102 | 1105 in connection with water-pipe attachments.................... { 1106 | 1108 (1199 NUISANCE— general note of decisions on, see note to heading of Chap. 11, 7 %G i PAS Bee eS Ps REN pene emt ME Qa ee aS ING TNs GE ilar beer ebb A calea 4 693 f 647 OD) WATE eee ie ok ete tee eke tao recede ak ects See A Raper sete eae ee ec 1 982 ON. SCA VENBEL SOUTD seo ergo ac aiahecec, slat aieee tepeiatl al etaigh tet React aie kee Ramee { bee right of Health Commissioner to declare and abate............ \ se when idairyor, cow-stable. tov be deemed vo ..4106 cau seen nee { ae notice and hearing whether dairy or cow-stable is.............. | 683 i if -8 080 abatement: of, ‘dairy or. ‘cow-stable.3 3 ae pee cee ae aT 683 { 691 privies-and swater-closets; “WDE itt ph een ae mie ee, ene 691 701 powers of city respecting nuisances in general—See note to Chap. TAPES eB ele eke CMa rt te eA SIRS Ad 20 Oe CY aie ok OA 693 decisions on obstructions to streets and highways—See same note 693 Sinks’: basins; "@t@ ec! savs ti. wearers ere ae enn Aaa atlas Oe er dee Sa aD ee ee 697 when stable, stall, shed or apartment constitutes............... 697 hogs and cows not to be kept in pens so as to constitute........ 697 hogs and pigs.:in ‘pens arerwNen wes, Wiles a cwse coer ene meee eee 697 nauseous liquid matter, filthy water, etc., when................ 697 putrid meat, vegetables, offal, ashes, garbage, etc.............. 698 notice before conviction of filthy premises, etc.................. 698 when owner or:agent.of buildings liable*forees.. =] 402. 2 ees ‘ ond burning of. straw. ete, cwuen:, (See fires; )i os. ee we eee Beene 699 dead animals as, see Dead Animals. dead animals:filthvrubbish(on streets. i225, oc ee eee ee 699 slaughter houses, when—See Slaughter Houses. green, “unsalted, hides; “Constitute 2.097 ok ciate scene oe en ee eet 700 bone, ‘fat. elie, ‘rendering vetcaris os) ee cae ate i ee 700 soap, candle, glue, sausage, manure, coroded lead, factories, when CONSUITIEG alee erteee eis hots toe w stems Weetne eae tees ate eie an Ses 700 filthy drains, garbage and manure boxes @s.................00. 701 garbage and offal, when—See Garbage. foul liquids not to be drained into ponds, etc................... 701 putrid fat or stinking grease or rendering same................ 701 regulations as to garbage and swill carts, etc................... 702 refuse,, Tavs; Waste, ELC... 007 10S oon ok eee oaks Arie eee eee 701 throwing” matter into; sewers, or creating 2.0.4.0 cera ed when tenement, boarding house, ete., to be deemed............. 702 leaking from defective’ pipes {etc.s.. 3.2. wee. ae ee ee ah Gre herent ee 702 PONS, WHEN shale alies teeter con bie auger es sees dela ta Uht GG) ceaRICaMEN, cae ee ee ree 1 a pond,how abated, nolices Dearing. 6tCive eis eins) ee ee 710 pond, expense) draining, sfinne,, GtGi.. ni. ea eee en 712 discharge. into: streetof iithya water Cle. 75 a ie wee es te 703 wells and’ Cisterns).. WhEMSG Eo see 2 siete cic sere bc ee eaten ee ee 703 WEES, “WHET: aati. Ric's chem lesa wlagabe abou ees Gale ne Teetete ale tecalta et aetna) = arene La eae 703 SEC. 2434 2482 2491 * 2495 2510 2512 619 to 623 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1265 Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. Index to State Laws for St. Lowis, pp. 225-256. NUISANCE—Continued. PAGE. SEC. ordinance required for stone-quarry, brick-kiln, soap factory, gar- bage or rendering works, livery-stable, automobile works, ete. 704 625 same—exceptions, what buildings so used...................000. 705 626 manufacturing injurious articles, or emitting bad smells, etc.... 705 627 halen scarey 8h galas eerily AC a Se Re ag RAS ee ee ey a> ene 705 628 penalty for Violaringe eprovisions. Of \article. Oni... ssi neces os 706 630 CLEC Oe Lei Wd a nt Oe a al ae acc, de he sialinal oo S-s acoatae WN f'mle sds e's 793 1151 NCA ENODSs LONDeL Bee Clone ANC (TGC Ole. ao slate 6 vce nt snce sie e.g. Bee 863 1477 VEE AT ia EURO Ces CN eka OL eee ae etl gC eral a gina cea le (lel sa tw eie ois, 6s» 6 5.6 863 1478 when smoke emission is a—See Smoke. abatement of. new O60 450 vee OE Gly MC OMIINIS BLOT GL e ire 2 «aia kate ckarede: Shales, o/ stalk ye obs bie aos Wire's! { 707 626 2 683 baa Cem AT Vr ODE CO WSL Gerri terse ores eth, Breve Sa. bal wees coe le'si v0 683 593 decisions on, see note to heading of Chap. 11, Art. 12....... 693 : . . ( 698 590 Diet Lye Dre liised coke tier a wie ete ith eiocte Balnc wd ks ag y eonhalers ‘ 709 642 HUCY. Ole, DOLICGL ts ee eee SOM TELS esoe cay eI RG ae olntg lh aati elect «9 706 631 power of police and employes of Board of Health to enter DISC Oa bee eee ree ie eed aenroie le Cakes eee aioe 706 632 Board to confirm Health Commissioner’s actions in apres 707 636 TSA Lee foe Seer etn etecae ge) aid URS Ta ark eg all g 708 639 [ 707 637 ; P 709 642 notice to abate, hearing, etc. (see also below)............. } 709 644 eo wal 651 708 637 DONOILY TL OlMLaLIULe PLONE DALCT ceiecnie x Uk alt htc laib-e eel gw ects 710 647 TA 653 , 708 638 Pere ree Chil Tae Cle PE DOE Liver ierarsiel kate create coaue as, Ax oc) < sds oe Gora its aca es { 710 649 REPO OALU OL EtOdttis Ol CCODOL rd a fares +s ans heed ok ners { oe a Board to direct abatement work, and how paid for......... 708 640 President Board Pub. Impts. controls abatement of........ 973 1935 WOGCHIME resigentut. EL jal (CO, GITeCti WORK aa 6 oe cree ene va hic ke 3 709 641 ( 709 643 manner of service of notice to abate 709 644 PLDEL ED ete eel eert cad i WN oa he { 711 652 tell 654 CTC Om CRORE UE. aie, sc cect. he atti s cauae oe Oeer Phadne aise A ae eas ares 709 645 VGIIEE RS CCH IRL URL hy eee ne Senin SOs tae cae te eatin Sigs cPATS aN! a lduar a Sal's or 709 646 710 647 RTI COR AUG Srey o ac seer 5. ee eo ate Fates soteue alelace minactidcs © she's { 707 637 abatement of pond nuisances, notice, hearing, etc........... 710 648 710 649 BEGCer Ines ALO TaADALC wo eeNCTAly 1. ec tsdteies Gaeta the woe head's to to TL 653 cost of abatement when charged as special tax............. ya ie 655 decisions on charging as special tax—see note to sec. 655... aul Sica Let es eee ae se a LE, ALOT) crake, aca wav inlire, , of fom inLaighalelnss 712 { oad Health Com’r to keep record of abatements................ 712 657 BODOTAUON Hl ererreE AOL DALCINIOINL aie aie & aide odie 9.4 din Sadie Stasis 712 658 apportioning cost abating pond nuisance by drainage....... 712 659 SATO Wilerewe DaLeeUys TILLING one 5 oc vib ok 8 ka a hb edie Aca tba Wels 712 660 SANG WHEELS DOLUBUTe etn OnU iets ieee ee ie wing eee es 712 661 President Board Pub. Imp. to contract to abate, when...... 712 662 2 defective drainage, sewers, vaults, cesspools, etc., expense... { Le on POBG AL. BURL IEIS CG PLLOW. SCETALUCU Or bee v.t wih vied 2 ree efit’ 713 666 1266 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Scheme, pp. 279-286. Index to State Laws for St. Louis, pp. 225-256. NUI Index to Charter and Notes, pp. 463-542. SANCE—Continued. PAGE. special ‘tax: Dills* for How Amada ait cys eee eee 713 contractor, abating, right of entry to premises............. 713 contracts for work for abating, special tax bills, how issued 713 burying dead animals in city—See Dead Animals. removal and Vabatement’ Dy. May Or se. ee ein cee aac ee 867 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. SUNSTVIGOT MOM ae eee oa es eles eae ane og nS in Ceara oh rete aaah aes 726 qualifications of supervisor of ......... Blab ee SE ON I RU Eee ere T27 Salary x Of SUPCUENISO MOL i. ven cic hate oe ee IN ae Pe AE IP ite 127 Salary. Of siwere he se aioe ad veuc ae bole WUala: Sudeged CLA gs nck eC An te 750 rules. for selection: of; .ord:°23001 in appendix, 72) wee oe eee 1142 O OATH— by ‘clerks sof -Policay Courts... ox sae ee eee Lee Re IIE y Skea 820 by party acting for disqualified marshal selecting jury......... 825 of jury wn ePoles Court ya ets peter dale has eae Ge ne a ie) Ie ae 825 to be ttakenYby. all voriicers falcon Bcd caret ehee ete ic tee ee eee 906 Hled swith ("Rerister ogy Fees acces ok ohinhe cso enero reanae oper atcoc lars em 906 administered by President Board Pub. Improvements on hearing, GOLECtiVG (WOPK eo Ue Ch EA veer ceeemehe eaten a maaan a oe eae 973 administered by President Board of Assessors.................. 1009 Of district fassessors (tO ZTeporiscit: oe os oe es hee eee ee 1009 of: Builderon» Board Haqualization J7eoe osae ee eee ee ee 1013 of manufacturers: to license-taxvstatementini ns nee a eee es ihe of: merchant: to Jicense-tax statement aie et ne eee cl auieles Vitae ee 1035 require@of pawn brokersy soya cacao orate lace ne oe teh ee Si ee reer 1039 Auditor fmay. 2am inister 74.7 Fads: ek en ae tee sete eek ge) ee 1086 OATS— ; to *be Bold sby.“ whats Measure. Pi. cis cae cen ener are oat er eet len ean re 1118 OBSCENITY, OBSCENE ADVERTISING OR PICTURES, ETC. See Misdemeanors. OBSTRUCTIONS— fire-escanes and: stairways. to-besfree: of... ica oe fate ee 584 aisles in theatres and public assembling places to be kept free of. 608 in -river, city cannot place, note to'sec. 3452.0... 5.2.0.2 os wets we 636 east. of eastern ewhart: line 3. oo. 5. aol ee ere te a ete cat ee tes 643 im ‘harbor, by; wrecked. boats; ‘proceedings ]..2225" ocr as ee ee 644 of (wharf by (goods) ete, “how. TeMmoved Jair wm ce a semana hia wl rei aeates 645 of ‘wharf*ih “eeneral” misdemeanors... ee sete eae a ene nee 647 of :wharf:to be removed, penalty for failure yea. eee ee bee 647 by sinking or wreckage of wharf-boats, docks, landings.......... { pte by tSunkken (fer rysDOaye ctec. seedless abe etnies aaa toee Ge eet re en ee 661 of wharf and levee to be prevented by Harbor and Wharf Com’r. 982 of highway, when a nuisance—decisions on—see note to Chap. DAA PE Dir ee ee ahete cece 5 Hiatt olelc lc pea Nor ere: 2 CEN Umm ane on oer 696 to navigation in Mississippi—see note to sec. 345 and note to Ch. Lye Arty 12) eR el ek ies Ea Sate eee ote ae nn eae eee 696 in streets to be guarded by danger-signal, etc.................. 763 temporary, of streets, while building, regulations, removal, etc.. 765 same amended Ord 22880, ADDENGIRK: secu cues eewiaicnamh eh ete eee ee 1145-1147 temporary, of streets and highways, see decisions and references tO! BOG. O28 ei ERR A) sie e © re, ein, Stee IC a er a pens Ot nee 767 SEC. 667 668 669 1500 743 745 745 872 1273 1288 1289 1675 1679 1930 2081 2083 2101 2186 2193 2197 2210 2409 2551 140 212 349 355 361 367 368 382 384 431 1964 ‘ 924 928 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1267 Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. {Indes to State Laws for St. Louis, pp. 225-256. OBSTRUCTIONS—Continued. PAGE. SEC. temporary, power of Street Commissioner to remove............ 766 928 and rubbish from burned buildings on sidewalk................ 768 929 of sidewalks, by merchandise, projecting signs, throwing articles OTST LS ee ae ee etl EM, fe ee ned NG eho nies ed Fa eA ak 6 oo 806 1216 in highways, preliminaries for removal, Street Commissioner, etc. Wea One ae Limam arches WME Sn Cor ores er eg CS ee ee ie 768 932 in highways, duties of City Counselor, Mayor, Marshal......... 769 933 unauthorized, in highways, misdemeanor...............ce-ce0e 808 1224 NOtICSMLOTTeMieve,.1LOln SLTEOLS ANnGURIEN WAYS? onc stews da eb ew dad 769 934 in highways, etc., to be removed by Marshal, when.............. 769 936 special tax for removal of—See Special Taz. certain wires, etc., not placed underground, deemed............ 780 1097 Ul reeineo Vision SrallLOads:1 OTDIdGeI. . sei. Sides ware o se gees 948 1857 Dee roOnarcstrecl py wtanroncs «l(OTDidden 224 scm Sec a wis ee oes ow 948 1860 ; ( 1064 2318 of sewers peal ott. See ko rae 45 ae EE Re ae Oe Ahan OL Ieee ain ears aera ane { 1065 9394 | 1065 2322 O’FALLON ’ PARK— See Parks. OFFAL— See Nuisance; Garbage. OFFENSES— See Misdemeanors. OFFICE— DUR US ES PLUG RAO Ss EET 5 Mi EE Ba eo, A a Oa en ae So 548 1 Site COMUDGEOSHIZTIOU OD Yer NA VOr cia ek. hia twain thy yes gale Yale) lik a we ve 548 2 PILOT oO meterCONT Ol) Citic. cia tier cig tpt a tad ene, Ceti Saw rel eit te Sata 616 247 tenure of, not to be affected by repeal unless, etc.............. 850 1412 of Commissioners of Charitable Institutions. ................4%8. 913 1716 of Boilér and Mievator inspector-in :-Cityehallic. 2..se Tic Ak 1067 2331 OFFICE BUILDING— See Buildings. PTE CE aE IESP TINE COOL stores eet rey pac ais) < pA R eRe Tote hoe as LA IN ye 567 71 ogre are —— 1 OAC MDELINICLEAC! a rist. aoty stew Seele aren iil Mic eae ee cd Ee She 568 75 WECUILLOUM Ay all aesili te A one e ey bes 2 Dat, in en, Oe MOAR SE: Ot a 8 575 107 DLOCSCO Mey LU OATLICION SW alien ii) ko ste tice OL Okla a tke Reh se weal aiaye, nee 575 109 pe Ags ee aR RY cay HL ge TU te een Se Sa Beal AN tem ae AO a Sk a 582 ret po abe atPel ca oe) 08 Bi Pogo So GRP keane, nel oy ag et eR GORA a SPO RM 583 138 eres CheOLeLOOPSST OG UIC COPEL eer hee wills oo eingde eee che hie alae ele dhe ee 592 173 we OFFICERS— - See under names of respective officers. appointed by the Mayor—See Mayor. approved by the Mayor—See Mayor. approval of by Council—See Councii. BOLE Var. CLOTS VECLO MAUL VASO PrN eran a oe SL gis ate Ani oreo in eo eta ata. 8 ec 836 1339 of Council or House—See Council; House of Delegates. impersonating, misdemeanor—See Police; Misdemeanors. qualifications of all officers; officers can hold only one office..... 906 1673 BOUMU IRS tO Ee IT OUe DOLOLO AEC UlILS 807 eek tie 154) url ale fy s aioe o Seats ts 906 1674 AAD CO DGAEA Ol ii Al Yea ale de ke et ws Be nk: UR od gc tare Bestel arpa ek cele 906 1675 PIA LO RUG LUE ED eee eee aC ay Gils ane “SRO +o Gaa"e ake bee 906 1676 UP OVRL SO i tir creites aera en he ne as Pi VEC ANE wage la ws Dab aide 906 1677 issuance of commission, filing of bond and oath .............-. 906 1679 WOON TeCUITad COL ete NO Wr BOD oobi 4.s ele OA eile o whle ge, de acbly'e's 907 1680 when Mayor to send his appointments of, to Council for confirma- SLQURIL ls ssren eae te aie tt Piet ec Rete Pitas hod in, cc ahaenium 44.0, 9' ofa alesse & 907 1685 1268 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Scheme, pp. 279-286. {inex to Charter and Notes, pp. 463-542. Index to State Laws for St. Louis, pp. 225-256. OFFICERS—Continued. PAGE. deputies, assistants and clerks appointments must be approved bys Mayor before “qualified: Sion ae ee re ee ee ee eee 907 removal of, by Mayor—See Mayor. decisions on removal of, see note to sec. 1686.................. 908 changing residence from city, vacate their office................ 908 leave of absence; effect if absent without leave................. 908 elections to fill vacancies—See Elections. removal) of.for“what-acts: or onssions<...... 6 os ee a ee 909 fraud, oppression, negligence, favoritism, etc., when misdemeanor 909 elective officer, when may be suspended by Mayor.............. 909 Mayor may fill place of officer under suspension................ 909 suspension of elective, how effected, charges..................00. 909 charges against suspended elective officer sent to Council, Special Session) ‘of ‘Councdie fine so. s bidentate cv cle earls a ete See 909 committee of prosecution to inquire into charges............... 909 committee to frame charges, day set for hearing............... 909 charzes*and notice:to be served suns Sete sa esc an ied eee eee 909 trial, of charzges*against* elective; procedure, +.. oc. se aes ee 909 removal of elective; snew! elections... 07. aw eee ote ee 909 proceedings trial by Council to be entered on journal............ 910 subpoenas} for Arial by. council-of 7Celective): a0. cee eee ee 910 depositionsvatitrialoolin ectco, so... cose eee 943 accounts against city to be vouchered by, etc................... { aoe fiscal, tovrepori- to. Comptrolier eee ac. ete oe eee 1082 examination of accounts and books of officers by committee..... 1085 same, (bY -COMptroHer ci.) (Suda saad ic aie surat ales hae ene tenis ts oe eee eee ee 1091 no warrant to, owing money to city, nor to assignee............ 1087 owing money to city over ten days, what steps taken........... 1087 Auditor to have free access to books, records, etc., of........... 1088 OIL WAGONS OR TANKS— See Vehicles. OPERA HOUSE—See Theatre; Buildings. OPIUM DENS— keeping. or: visiting “misdemeanor 2, seks sea enictene erins powers concerning leasing of boat privileges.................... power concerning privileges of leasing for games, etc.......... acceptance. by;.0L, donations atos parks) eco. ar cee cere crake to allot: sites for. -Statwesie steno enciseheasee cs elareis tiene aal aa aa mane in certain cases designate places by name of donors............ letting Of MUSIC IMypark Se reSiwlAtIONs: ois nas sjsie Uherstetetaeemee mee chen ex-officio member of public recreation commission, ord. 22869, ADDS UR Hs Oe Meee eters ee a Pe eraL cna tane intel soe davieva & sabereteaeial? lapece EMER ee PARK DEPARTMENT— See Park Commissioner; Parks. employes—See Park Commissioner. PARKS— See Park Commissioner. ordinances for, (to .be) prepared) Dy¥.Be tea. ae ee ee een under. cadre ofuPark: Commissioner; vexceptione. ...0 2. ee ee use of ponds for fish and boating in Forest Park............... acceptance of Fish Commission required....................-.. use of ponds by Fish Commission, expenses, etc................ names of particular parks enumerated, see note to heading of CHAD? SAG BE he BCE Sai ie ee eid er ec ce nome Ce laws and references concerning Tower Grove, Lafayette, Forest, O’Fallon, Carondelet, Forest Park Boulevard, Lindell Tri- angle, and small park sites, see note to Chapter 25.......... reculations for woat eproni bited.c.s scenes Nace oat cee erent driveways to be followed, and no hearses or processions allowed, in Forest, Tower Grove, Carondelet or O’Fallon Parks...... disorderly conduct in, games, peddling, advertising, prohibited in applications for picnics in Forest, Carondelet and O’Fallon PATS iss ecite ace ieteets ore ees aie bisdecesala a: oc iptamencain Cake Late eee eae elie A eae nen cattle excluded from, within certain distances................. same—except Forest, O’Fallon, Hyde and Carondelet Parks.... keepers to be sworn as special police, police to assist.......... lease of buildings in Forest, Carondelet and O’Fallon, by Park COPTBHSSLOM C1 Wy 5 as ce siatede 0) «Sick « ohana bk Oheea etal epee Rete art et SEE anh ene failing to lease, Comptroller and Commissioner to lease........ leasing of boating privileges to private persons for hire........ leasing privileges for games in Forest, O’Fallon and Caron- COST R ee Piece rare Rok testa acre ils, GAS eis brenl etree tees eneha real ames nena renal eee nereneee proceeds. ofsleases; snow credited 3.2.0 2s ae ae eee ACCEPTANCE OLPAONATIONSELON ss viccia she Siete alee eee ee eta cet oe eee Sa Sites TOT PSCACUES Dll atet be weasel oo wise Wie yoke Cte ant iat Ue nr ete een a ote designation of certain places by names of donors.............. donations for, when may be removed music’ iin, -andresilations:.~herelory. oe. st cee a ee ee penalty for violating any provision of article on............... saloons not to be located within certain distance of Lafayette, Forest; Tower, Grovesors Garondélet.2c.. sm. aa ae emis inte ark same—amendment—see Appendix, Ord. 22868................. SAME—SeeG NOTE ILONSOCCHEA LD Moses, av, 5 oe Oo Mestene tr ance ete eee ioe ene e@eemeweenvmeneeen eee unecnesce se seve PARTITION-WALL— See Buildings. PARTY-WALLS— See Buildings. 1913 1970 1974 1974 1975 2018 2018 2019 2020 2023 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 20338 2034 2035 2157 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1271 Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. | inaes to State Laws for St. Louis, pp. 225-256. PAUPERS— PAGE. SEC. Poor-house for—See Poor-House. insane—See Insane Persons. Bick “Ore iniieene merece | medicine (fOPen cco ecckces oc ck owe... 73 770 DOUAlVietirrp rere eI COLO oo eh oc han what dae hd ny Woe ev odie at 750 869 PUNO COreasnistencorro.POrerenmoval Olsusvacass sek bod eee eke. 868 1505 PAVEMENTS—See Sidewalks. PAWNBROKERS— OIA T) OCR tah ne he artic ae ay edie We abe Gaiie oo Bale ae yh 1039 2209 Rice seat i rem ares Il LLOCOSBAT Vi cist si a's Geccse nitinol ele 1039 2210 DONG LOsODseLVenOrUlnoanees required to. «ces cc ade sc cies ce sheath 1039 2211 to keep register—what register to contain............c.e0ce00. 1039 2212 to give tickets to parties dealing with, what to contain........ 1039 2212 register open. tor inspection, by Whom’)... 6.3.46... 6 eee eae ss 1040 2213 License samount-or- -CONdILIONS required) Gt .. os vie acdlee'e wh bb ce bs 1040 2214 cannot deal with minor, not between certain hours............. 1040 2215 Bualenorrimake loans: On» Darts: Of articles... oh die cuaee ds ada s 1040 2216 statement to License Collector, where can do business, agent... 1040 2217 MON AICVerOPAViGl ati ey Article” OM ic taicre ste ats o'erm/clatale wc elaie e hin a's ace 1040 2218 decisions as to—See heading to Art. 13 of Chap. 31.............. 1039 hew-applicationzfor license to) be made. ..t2 ively en ae. 1053 2281 quty of; trcense=Coliector: to make Inquiry. co. oe se! ea eS eee 1053 2282 POLILIONMOne DLOGK- TOSICONLS TCOUITEG yin a wis celica be% see oS nik a ole lew et 1054 2283 PEACE— riotous assemblies, disturbances of, etc.—See Riots; Disturbance of Peace; Misdemeanors. PEDDLERS AND HAWKERS— FID [iedh es CE PLL eter w et cee cee Ne clate nie wera, aoe ae ohunete lc ate otem ie ss 997 2019 do not include farmers selling their produce, and ordinance so providing is void because conflicting with higher law—See decisions in note to heading of Art. 14 of Chap. 31........ 1040 as to decisions defining terms, seé same note. peddlers defined (but see cases in above note)................ 1041 2220 hawkers defined ......... ERG ES ee Alc AA Cece Oe a Re ey aa 1041 2221 license required of peddlers and hawkers..................-4-. 1041 2219 TOUUTERLOLODtaID “LICENSE wl ISCEMEATION S., wits fee cs coeds shel olatd setae 1041 2219 Amountwore license, sTecsularions: aS tou venicle, us encase ee ees 1041 2222 FOS NA Ver anies 11COnSe,- GUC. ON VENICE eth ar «sla s o cignetn es. bye ss 1041 2222 GUBSULLVOL TLOt assists NOTINOLG. 2 cate pictn ts wise is cataie Fak a e's 1041 2222 1042 2223 PSTIAULVES Tr VLOLALITIS PAL LICLO® O0) «turer see seats shore Sate te w\aiwyslidie, each ae oer in 1042 2226 1043 2230 regulations as to vehicles of........ poi ig ACS Sa a { Te cose times when may sell prescribed, hours, and hucksters not to sell UE EL ema mee LITA 2h Vie dete et ede. hacer cis i cnhs dew tchend, © ogb Se eke seis sla sie's 6 1042 2225 register of, etc., to be kept by License Collector................ 1042 2227 LOT CPE COTIS te oe ee ok ae ole ciciein, clmia ls erque Ftehe efarn'e te dee re Cee 1043 2228 same, amended—See Appendix, Ord. 22574............. ee eeeeee 1160 power of Mayor and License Collector to make exceptions...... 1043 2228 same—Ord. 22574 In Appendix. 0... 8.02. cee eee sere eneneeees 1160 HICHNSScTOUNETATNELOLA DIO Mer ais tina vihies Sale ae Cae see eR OSs aa ate 1043 2229 without place of business, how scales, measures, etc., tested, i PT ee eek oe na ach Ahn 0 ote ta, 2G ak vos wea a (G's "e Wicca deca Bev" s mR ta hy 2546 PENAL AND CHARITABLE INSTITUTIONS— See Workhouse; Jail; Foundlings; Commissioners of Charitable and Penal Institutions; Poor-House; Insane Asylum; City Hospital; Dispensaries; St. Louis Industrial School, etc. PENALTIES— See Misdemeanors; Fines; Police Courts. ; authority for assessing—See note to Sec. 1265................. 816 1272 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. | indes to State Laws for St. Louis, pp. 225-256. PENALTIES—Continued. PAGE. jury ‘in: Police. Courts to; assess a. 22% 4.0.1.8 cae ee eee ee 825 not ‘allected. bywrepealings ordinance. +20, 4 seca ae ee oe 900 Where -none. specificallys-declared: uc. f. been eee to 901 for. .escane: Trom YW OrKhOuse: kie wy.ee «0 ot cue ee ae ee 921 PENSION— Tor ‘firemen, = eye a vee Rides ele era 745 f 749 TOT (CYEMATOTIES fe Heie uA eae Sere eee ne 2 Aiea ees Se ae ee eee een ee 749 749 Loc abutting owner to construct sidewalk... vse: pees eee eee 757 fOr CLOSS“"Walk “Rik. 66 Fie ae cates se ee eset el coda Comat ere iegede cree eee 758 for’ private persons..to*Cconstructastreets,.eUGins ..cniee em ee ee 761 for:-vauilts ‘under sidewalks (see alsOnyauiis) ay so see ie eee | ee for excavations in streets—See Hacavations. for temporary occupation of streets, etc., while building....... 765 for Stabionary 7a WIN ee ao ee oe eis eel cea etimiehe weet ue a eae eT eee { pa for exception to underground wires, tubes, cables, etc.......... Tid to. place Wires, ete. (under 2roundArroma Beebe ee ee 782 2063 42 46 47 49: 51 53 54 54 150 15a 210 228 229) 369 558 to 568. 679 680: 681 701 702 ae vAt 857 837 846 822 844 866 867 868 901 902 917 919 1933. 928 1090 1091 1095 1099 1102 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. 2: PERMIT—Continued. PAGE. no permit for wires, conduits, ete., until ordinances accepted.... 785 for stringing wires, cables, tubes, to authorized companies.... 787 for stringing wires on telegraph and telephone poles.......... 787 NONGs TOV MIO lA wit Tie POON TIOCCLIONS tiita feast nieve eet sc Sh eae oe 'eieek is aie 789 for planting, trimming, destroying or injuring trees, from For- Git OE eee ces tee ee PP ciitcle Saye wn ere tle and ober nd Weave siele Sie" o8 6 6 3 814 TOP IN TEL Cri © Bw TUE COC LS ONG LE COS SOLO oars! vnc io eS ccune o@ble oie to cis 814 for market-stands, transfer of, etc.—See Markets. for parades, processions, bands of music in streets........,.... 878 TOTSCALr VAS. CONcea Ode weaons, TO UITCd ecateaueeassvesere.e Fal ets-5) 5 ei0'e 879 for any show, exhibition, flying horses, etc., required.......... ‘ eon LORADIGHI em TEE ONPECO TI POUM Ie Bere ae 2s ohio oPhacers Gor os Stave ab Hesteue slave ws 889 in connection awith plumpines and drainlaying ore ois Somes cobs’ 927 in making attachments to, or altering, repairing pipes of Water- Works, see Water Connections. forsvaults under sidewalks.) and ‘sign-posts. Fo. eee ewe Soke. / oa COTE WEIS IN er saa Losers ace Psa PAR ee) Ee didaeig die orale wise 973 for picnics—See Parks. form Sewer ano water connections Tequiréd i. 2.0 dead oc biti le ess 93 1058 for sewers of all kinds and connections therewith............. | 980 93 BLL ee TL Yoh Lae UP CITL EO BIL R tp es ce eeise al et te Mecci sy ale Pia ter atk a «l eleieie ast 8s. a wire 1058 no, for sewer connection until sewer special pale DLC ee cra ess 1059 same—validity of section sustained—See note to Sec. 2304...... 1059 no, to connect with certain sewers while constructing, except ATIC TO LI eO HG TUL OL Satie mak, Cr ine cide 8) oo: chev akeheh otek ev cve: eels le,0 ms 1059 work done on sewers without, effect of, damages............... 1060 ‘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 Contagious and Infectious Diseases, etc.; Epi- demics. PETROLEUM— 613 POR ia ONS CODCOLINII ea to ae tia te eat doko teeta si eels f0'1 cx wae ins See Se 613 613 PetiGV ae OU ari ete te ie en te one eae tae ete nicicre abr e. « aleta Ale ata ws 645 PHOTOGRAPHIST— 1051 MCCUSOMILO VISIONS NCOMCCTINI II. .n-5, ale seislerdhedatehc lente © aire Rolkce © Gaceat | to 1054 Cl SELL aCe tes setae © tee ez cr eks af aichtra ar atat hy octaal ts sa daehakeinta 6; a ke vib eis. 1051 PHYSICIANS— Pye Melee Geek OOP, TEES UM MA: able As Rees ae CEA Ais ir i ee a ee 5 ee 662 Hist OF eke pees sOA lO UPC LU ec ao ce ee ecu Pale ert ee nla he ee cd alelels 663 to, be furnished= tor drugzists*on application. 152... ln. Oo Ss 687 LOST CDOGGEDL UL Ip mC eO CUSNE CLC cies tonne 5 Aiea. oa etiite oie) aie kn wie 3 ee Qiey 0 719 practice of medicine or surgery—See Medicine and Surgery. practicing without compliance with article—See Medicine and © Surgery. LO etl Pei t COL UIC LOM Rite ants aials core ake ore stacks 6 eee ae be md 742 TO” BIST DUT Tee a Gere gto tn wh 0. Sie ees tne dat whe, 800d phe: an oy'e 720 DUTTA) WALnOU Le Cerca cen Ol OLDICdOI Ax oi Sh eine cee Se Pana eres « 720 certificates to insanity—See Insane PersOns......sceccccsvseees 728 dispensary, duty as to insane—See Insane Persons. duties in cases of contagious, infectious, etc., diseases—See Con- tagious or Infectious Diseases. es 1273 bo t = jo 1274 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. | indes to State Laws for St. Louis, pp. 225-256. PHYSICIANS—Continued. in cases of consumptives—See Contagious, etc., Diseases. certificate in. case” Of cremations ss meow ol etn ice ie ee City; Salaries rots. 2 st. Les Ce ee tee eet. tan ©. Fire.and Police ‘Telegraph. .Departmentewy ans. eas eee { oe telegraph and telephone—See Telegraph and Telephone Poles; Electric Wires, Tubes, Conduits, Cables and Poles. POLICE— to:report violations -of. building. ordinances]. ...-.-.2¢-506 ae ee 611 telegraph—See Fire and Police Telegraph Department. to-send: fire: Alaris ce soc ee aioe, ce ae Te Spe Tees en emer ees 631 Chief.. fat nese flac. ER 895 1630 Chief of, to be notified of escapes from work-house............. 921 1757 authorized to take up unlawful certificates of plumbers, drain- TAVETS ANCE SO WEr-DUIIGErS 25.2. cian ok ice he widens or ce vie eiaiele a while 929 1796 to enforce railroad crossing ordinance, gates and watchmen.... 947 1854 deputies in Harbor and Wharf Department to be special........ 983 1966 to report and assist in convictions of violations of license pro- el ECS ER a aint oA cree ante EN SN, «cle alglghel hele laisiale AU of statement-of Gauses 1; evans cee ee ieee eioiaake tare oe 822 1277 sufficiency “Ch Statements ein oo. ce ble rete preaee la eee. en a 823 1279 decisions as to sufficiency of statements or informations in—See TLOLE LOVDECHRIZTS Soy ascek Sis ie woe hn OR eee EAE atk ena ne a ORE ie eee 823 no technical pleadings in—See note to Sec. 1279................ 823 Statement: incase tor, Joint: offenses. fy cx ee ee se ee ee ee 822 1278 no dismissals in, for formal defects in statement.............. 823 1279 AIMECNAMEH LOM StALeMent iN ys. cule koa wine, baie aan: alana sae wean ne 823 1280 decisions as to amendments in—See note to Sec. 1280......... 823 summons to suits in, when to issue, how served................ 823 1281 appearance confers jurisdiction—See note to Sec. 1281......... 824 appearance does not confer -jurisdiction on appeal—See note to als ENA ES) Ui E75 tA Lee Lai, Ce ASO SL oils A eg ON See SF Oe 828 rial Of sSUlts hore Causes 21M Osh i ase ve he ee ee ee ee oe ee 824 1282 cause abates by death of defendant—See note to Sec. 1282...... 824 proceedings Dy AGeta Udi aa wie eateries iets at ane ke aes 824 1283 trial of persons arrested, no summonses, trial on report of Chief OL) POLLGS GOR Nate e see oreo) veh wees Win. se ete a cet eT STOP er et eRe eae ae 824 1284 decisions as to report of Chief of Police to—See note to Sec. 1284 824 parties in custory for violating ordinances brought into court Pach.) Cavs GOs say re ee occ a otala ls oy ore ae nae ele ee, oa 825 1285 trial by 4ury “howemany jurors<.in 3) yee ee ee ee tees 825 1286 decisions when denial of jury in Police Court not unconsti- tutional—-Notesto Sec, 1256 0!.), legac ake ake ogee ee ae 825 Jury, in; Venireritor whens to wSsie) a, yi. eo renee ee ee 825 1287 when Marshal disqualified to summon jury in................. 825 1288 Oath. Dy OS Ue yl TYAS Ae eget ieee eecas iat roid anc a tele areca te ae oe a 825 1289 separate trials by persons jointly charged, when.............. 825 1290 Joint tridis for ViSeOU HATO POU Ses cise cde od bee aera ee ere SOT 1634 jury to: assess “pendlty-gwithin” woat limits, sven cca eee ee sae 825 = 1291 what costssassessed” on "Convictions inv. a... aha ee te 825 1292 dismissal ons DAYMEN Leone COSLS scr gle wate ousetars ters Bins eeeaaee tice te) ay 826 1293 abatement. of cause. of complaint, Costs paid....%.. sees eee 826 1294 when prosecutor to pay costs of proceedings in................ 826 1295 officers arresting to appear aS witnesses without summons...... 826 1296 fees of witnesses sand. JMrorswiils 0 aes tae e eye eae ee eee 826 1297 witness.«fees in; how sclaimed Sands Pald.n ass «2.2 ee ee 826 1298 continulances (of cases*in, swhen AllOweds . eh ace teehee ee eran 827 1299 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1279 Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. {Index to State Laws for St. Louis, pp. 225-256. POLICE COURTS—Continued. PAGE. SEC. BOULICACLON PE meeeOnG nn UAlCOR I Ulva sg cary. Walleiel et ala et cle va en hide «te 827 1300 motions for dismissal to be made before trial, when........... 827 1300 DICAS sitsteeaverore: trial ie. eee Pere eons ee ake are ede ceees 827 1300 GODUSILIONMEELIEECESOS DOCLOFG: ce cr Atelelche fies Tirae sew bie ete Oe hgie scl be 827 1301 all process or notice served on city in cases in, to be on City RATE CUTE Gas oa WT) calc hotee aa tate ce A MMNUTRS Dre aati vials vad, © ogo ede Oh dieln ielee Soa 827 1302 absence of City Attorney, court appoints prosecutor............ 827 1303 affidavits for city in cause originating in, by whom made...... 828 1304 appeatserrom, so.to Court) Criminal Correction: (x. Fifius cece 828 1305 appeals by parties after commitment, etc................02005: 829 {7310 decisions and references on appeals from—See note to Sec. 1305 828 Clymer a VE ALGO. lo 1 POI A.) ee en) antares Oe oda cle Ge Coons OSs oe Fee a 8 828 1306 decisions as to right of city to appeal—Note to Sec. 1306...... 828 execution for imposition of fine or penalty, when issued and tay Saat Vey eS oy Ohta ee CMW sale aT NA Bek Oh, Rei Wea ag A melee gay te Nw ee a 828 1307 BECULELON Wey Ware LOT CEL cas Sie Ri meet i reel td heal aia Sal SM RR ee aa 829 1308 PLE WOLK=OWSe mi OLN aim ia mies: cet noe ola la € oie) Get bon. se ie 829 ae 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 1809 appeals from, when defendant may deposit fine and costs in PPS LEPC EMISOLIC Wi ratclee Went oiAe ciel ea tetas oh Abehusets, oitve Welenaiare'& sibs 5s 829 1310 when deposit for costs may be required of prosecutor or com- SUT T Cleee etre eee era EO terest, a ho, Sede ee Sika ee Gale eo 830 1311 power of justices to punish for contempt—See Police Justices. POMUCELION ai COMn CILVH4 Ole COSLS oi Nm DrocCeediINeS. New. cs a sees eos es 830 13138 no regular provisions, State laws as to Justices and Constables EO WELT rete ee a ee see a Na ree GE le gees ers wb a aiehaig. oe oar E 830 1314 persons fined, etc., to be reported daily to Mayor by Marshal... 830 1315 change of venue authorized by Sec. 1314—See note to Sec. 1314 830 change of venue cases to Police Court South of Arsenal Street... { eas oe change of venue to and from Police Court South of Arsenal... 832 1323 conveyance to work-house of parties committed, duty of Marshal 831 ere ; , C ARot Lok Ral riecmOr ale Lise O LW OMCOMMOUTUNSG ccs, cote cee sista Coie crete ae nis bee e's 1 831 1319 Police Court South of Arsenal Street, jurisdiction, etc......... 831 1318 Justice of, South of Arsenal Street, appointment, salary, etc.... 831 1318 Police Court South of Arsenal—See note to Sec. 1318.......... 831 Clerk of Court South of Arsenal Street, appointment, duties, BERGE VOT Obs cin Soret et Lae Ao ee ainie Le ee Aa dete Ue ake ho 831 T3193 Attorney for Court South of Arsenal, appointment, powers, salary 831 1320 DOULTsOreArsenals Marshal) (tO MSSUG “WTLIG uss cei cee ee ae vee 832 1321 South of Arsenal, practice, procedure, change of venue, appeals PROTEC eR a) Shi. ea Selec amend PAA OM MR MEN aha c's ate dtp ona 4s 832 1323 process of all Police Courts to be executed by Marshal.......... 833 1331 City Attorney and assistants—See City Attorney. trial of offenses, etc., not affected by repeal of ordinance........ 1 350 1406 Clerks of, to report convictions for overcharging for use of DU Dike AT COS Ml more ar hay ee ents roi at see ate. tal as eietc we pares oo 943 1841 Clerk to notify Mayor of second conviction of weigher in...... 1122 2563 Clerk to notify Street Commissioner of second conviction of seg bes asp las 1dr tA Ae ANA i SANT Den Ne ne 1127 2583 POLICE COURTS CLERKS AND ASSISTANTS— See Police Courts. POLICE DEPARTMENT— See Police; Police Commissioners; Police Courts, ete. RCIA 6 OL mart) vimEn TTS I de hn ein ed ee SP Dats wie’ Wis overs 912 aly 1280 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Scheme, pp. 279-286. {index to Charter and Notes, pp. 463-542. Index to State Laws for St. Louis, pp. 225-256. POLICE JUSTICES— PAGE. SEC. absent or disqualified, Mayor to appoint Justice of Peace....... 815 1262 salaryvot First andsSecond District, 2encast- ee eee 831 OL’ salary of temporary ie Shea 5 eich ee eee ed che bas ee eee 815 1262 removal of—See. note:\to Shalcoca or bt te Ui imien | aerate eae ees 732 780 Superintendentisesa larvae cishe ot ss.ct exh ee Sree ee ene eee eee rest 781 dairy at, to be established by Health Commissioner............ 732 782 milk from dairy at, for poor-house and other institutions........ 733 782 dairy, at chow.” GONSLCUCEC owes «is )cla se sha coce eae Tne a a (oy = 783 appointment of help for dairy at, by Health Commissioner...... too 784 purchase ,0L CoOwsplopedairyaeoes oie of ea Stale WEN eee iabe. 5 Gents VOuTey we ake 133 785 price. ofomilk, fram dairy fixed’ by ComptrolHers. .. 5. eae (Bi 786 Tecelpts ands CXPeTISeSr OPO aLLY AAU sco oceans ee cee 13 787 dairy employes and salaries; inmates help..................... 133 788 disposition: of cows. in: dairy becoming dry ...2 3.0. oc eee ee 3 789 separate accounts for dairy, extraordinary expense approved by Comptrol ery 255 weet oie pr an, she ehet elect Frasca ily a ee ee ae 734 790 cows at dairy to be examined and treated by city veterinary STP LCO Ges icka ls chs Wnt ete oe Nee ahs vo) Onatte ra Rs Gs Sans Ce ae ne mn ae eae 734 eek 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 s.r lees ew reer ate edie ates es eee 779 1095 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1281 Index to Charter and Notes, pp. 463-542. {inden to Scheme, pp. 279- 286. Index to State Laws for St. Louis, pp. 225-256. POULTRY— PAGE. See Meat; Inspection of Meat, Fish, Vegetables, ete. ik POW DER— PORUlACONS COMGGrIr ie pete atis atery chalele s ok cle ace. deisrjele'Scowclos 0. -553 PRAIRIE CHICKEN—See Game. RE Nea Sk PRESIDENT OF BOARD OF ASSESSORS— See Assessment of Property. PRESIDENT OF BOARD OF PUBLIC IMPROVEMENTS— removal by, of appointees of Building Commissioner.......... 550 15 approval of, of appointees of Building Commissioner............. 551-555 18-36 to approve appointees as watchmen for scavenger dumps....... 657 407 to approve additional help to clean levee and wharf........... 657 411 when directs work of abatement of nuisances................. 709 641 CONTE WOLKYL OL A aLeMmenL, Of NUISANCES ys ws ein Oe thle tt 97a 1935 to contract to abate nuisances, when and how.................. 712 662 to make out special tax bills for abating nuisances............. 713 667 SUMMA nes Oller ails SHCCIALETAXWDIIIS: vGLG sa oc). wip eee ELAS Simcoe ie ahd’ 973 1937 to assess special tax bills for sprinkling streets................ [72 1080 may employ temporary help, street sprinkling article.......... 175 1082 to appreve employes of Supervisor of City Lighting...... pleted 790 ne BOUCIUCOPOUDCEVISOL COLT te LUTLOl NES ot seate aes 1k lene aeehs inane sec gland alles abe 926 1791 approves appointment of subordinates of Supervisor of Plumbing 926 F791: may call special meetings of Board Pub. Impts................. 967 1905 pro tem. where President disabled from attending; powers.,... 967 1908 tO2eanNpOIt, pecrerary Of Boards. cs Sie oases pica tre ee aareareahe ahi e 967 ort endorsements on plats of subdivisions, dedicated streets, etc., 968 1913 DOCUEC OU Meera ae atta poeta aie ohe oak gia) ie Wis) and Web diel Wadley Olena dla aie { 969 1917 RORUATyee OMIT iier Cate COMUCECUT fiat a fia: cars eck Siew v aly Agee o hack el die 970 1919 to endorse estimate of cost om ordinance for work WANA te dan het arte 971 1920 power to summon witnesses at hearing on complaint of defective XUUL ESE LCEN VOPR tae nett te ed ney chet te cg 5 cle doo acted stele ts bo Cie o/s site 972 1929 DOWEL maUMiINIslLels Odi) Ao SAIMC oe scene ols viniele'e\ dials «lsiete/afd ow aie hreis 973 1930 furnish Mayor decision of hearing on defective work.......... 973 1932 OTIC E Ty ULL Cie Obie onc ac re re an ciel ihe bei nvanalerdial @ atelendes! wes 973 1935 supervision over other Commissioners and departments...... 973 1936 shall pass on pay rolls of any member of the Board............ 974 1938 may appoint assistant, Assessor and Deputy Special Taxes...... 974 1939 RILG TORO SLE DNAs) fiesta) an, cle RCE gum iras eric, ot Gi Cal Alc tan ato ot St ea hall of ras o's! 974 1940 salaries and bonds of assistant, deputy and assessor.......,... 974 1941 974 1942 BOG IOU Aer eIN OY CS ALD Gl Saale ts eicpsne diavat es) sole, eer me ed ab easels ake 991 2003 991 2004 draughtsmen: for‘ Special Fax Department :..... oi. cies estes we nee 975 19438 Dil ViiOecemaa 1 FOCUS, MOLC citi stviy, Sate iate's Ss 5th aidiece aie hys dg cielo later 975 1944 to approve appointments of Sewer Commissioner.............. 981 1956 to approve appointments of Water Commissioner.............. 982 pee to approve appointments of Harbor Commissioneér.............. 983 1965 TOP ODT PUUBe POLE ILD LIC Ee WOli: | CLC Mein ap ivisidujletelas dels s'e ald «i daleie si 987 1985 duties as to notice and return of special tax work deposit...... { te fans POEL LL Vs Ce PCE CREE UO atten far aNial tebe Ciel di es a easel e) Soin’ oi dipcai mia disiph ode le Sie ae: 37s. 989 1995 SAlATION LANL DUNUS? OL OMIDlOY CS stew cc sc + Keo slslasientin slurp odyere’s elehes 991 { sine PRESIDENT OF THE COUNCIL— dhialiv PomImGnIpGrmolm BOR rOr Ole LIOAILING. Vance baie vee yw eelana ease 662 437 BIOCELOMED Hee ee ee roar tes: cee o iecctar chert nloraleNs, vies Mhaele Bowlers 4/0 eee 844 1380 TOe AP POMIES BN CCOU LEO JATICOL fai erc'e vies abvis wiclae 6.cld/q', dhe ee 0b sisi vieée 845 yee acts for Mayor, when Mayor absent or disability.............. 866 1494 acts as Mayor, when Mayor removed.........ccccecccccveccecs 908 1689 issues subpoenas in trials of officer by Council................ 910 1700 when to call special session of Council to consider removal of a oy ATI DOLITLL VG OLILCO Te sles gethe el elnre giaicendivly Ge « 0 ig, o 6b hey e olee'e ain o's 1282 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Scheme, pp. 279-286. ‘Index to Charter and Notes, pp. 463-542. ee to State Laws for St. Louis, pp. 225-256. PRINTING— See Public Printing. PRISONERS— See Work-House; Jailer; Jail; Police Courts. PRIVATE SEWERS— See Sewers. PRIVATE WATCHMEN— licensed, how,) conditions /oL2@employment in... 2-226 sec Cee PRIVIES— See Vaults, Privies and Water Closets. PROBATE COURT AND CLERK— ordinances affecting, void and repealed—See note to heading Chaps IB SArQreh? Ae wesien ane ete Ren ee oe che etna eee es PROCESSIONS— when not ipermitted “music: Withecs voles) eee ee burial or .other, -when permitted with music........./......... 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. Workhouse, sdispositione.. .. scree eee a ee ee 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 CHADS A248 ciseh ae emteteetendevets eckve ao Rie las eee, Oates beeen aa sites for public bath-houses selected by Board Pub. Imp........ Public Baths Commission, functions, appointment, term, no com- DENSAULON’ 4 oa. Se eee eres ee Dalla ic Che eh ae a tia control and employment of attendants, powers of commission, rulestand regulations ie peers Gh ot AA aa COR Aeon oeed ie eee public work for, to°be yeu by board “Public Amipts joe ee new ordinance creating Public Recreation Committee, for man- agement of playgrounds, baths, recreation buildings, etc., powers, appointment, etc.—See ordinance 22869, Appendix. . Public Recreation Commission to furnish towels and soap for, failure to return is misdemeanor, Ord. 23171, note on p. 931 PUBLIC BUILDINGS— ‘See names of the respective Buildings. department Of —Cha pi AeA Tit Ly tice et bdo 0.6 ear, cle ohne eae ek ee ees PEALE OTT Fe a a ace ee ne an) Gy ae eee ie eae ee ee ner er Commissioner of—See Commissioner of Public Buildings. héatin SrOk ise os eb is we eae RORAe Fake sare. 6 foie et rae ae eae injuring or damagineyymMisdemeahor ssi a2 7 Ash eee eee eee ee lighting of—See Lighting of Streets, Public Buildings, etc. erection, repair and alterations of, controlled by Pres. Board Pub? AIMptse asec ee ee hee alee: ate aerated Ee ick ae ea yew PUBLIC CARRIERS— See Vehicles; Street Cars; Steam Railroads; Boats. 912 835 878 879 920 1714 1540 1547 1802 1803 1804 1804 INDEX TO REVISED CODE OR GENERAL ORDINANCES Index to Charter and Notes, pp. 463- d42, | Index to Scheme, pp. 279-286. Index to State Laws for St. Lowis, pp. 225-256. PUBLIC HALLS— PAGE. See Buildings. PUBLIC IMPROVEMENTS— See Public Work; Board Public Improvements; Streets and Highways, etc. PUBLIC LIBRARY— Is OCLLOU MOL #.)00 nh on O meme eie Vrpitrr EPe ee wer ey lk rn 737 LAKIN sNOOKS s Dapers.velc.. LFOMl MISGeMCSNOL: wi. le we cle cae wie 885 fable LOereriri: POOkS .GLC.. MISGEMeCANOr s,s sc ecw ketec eo ldste es. 886 marking, mutilating, books, ete, misdemeanor...........0. 08.0. . 886 Piece ene Oe COST C AT Y ALUTLG et ieettek ec eee Ra Aube rah doe hke hy ok a bd eke 886 PUBLIC PARKS— See Parks. PUBLIC PORTERS— ROT PCOCULEM CONSE, Pred WISI Less ROOT. CLOMis cole chs sh ak cin < vie ec eee @ 93 ee) Cr COMO MEIY CEI TS, LLU aN te a tamer ie teen oh eee Pact are has slick cc uP aRS sh eee ines 0". « 932 eke) Pe oR LCeL al) Vir iiy See ees Ae Fate cE raya ie a aa cI, Sh apemadebiebelonai auada! ofelv.ae « os DC Myer Ot VLC a Lat ere CLIC LOS uteceays aleftm set cei ad nek cle io teia Shara 'e eve ME oe 935 shall not permit others to use vehicles, or badges, misdemeanor. . Bos PUBLIC PRINTING— of proceedings of Municipal Assembly, register to contract for. . 846 SAIIGECO see UTI Snel LOW EOI 1) haltech al oO ahah as chimes Seat gh tapelehs pierate sale 1002 procedure for letting of contract for public printing........... 999 same—advertisement, Register’s duties, what advertisement to contain, bids, opening of bids, lowest bidder, council to ap- DEOVG we LOLTCLUUIT er Oe OSI ye CLO n ceieite sso oa): tole cle eure te me teehiedavone 999 bids for, what to contain, rejection of bids, failure of bidders, LOLOL GY sy RC OMUCLACLS MOLE Ee OMe cle) tid ara dist ost cise ee abs Ceres’ 999 regulations for printing ordinances, Mayor’s Messages, bids for LONECCOMIDANY » DIGUT OTe CLUV a DEINGIN. ola sities erat esis set vk 1001 ordinances to be published within five days after enacted, also pamphlet forms of, ete.; abstract of proceedings of Assem- Div UG ee rat Ae ee eo Ah arate cleamhtaeca word c ¢ = SS Ge re Af oe 1001 Ce RTO ULV LT tetas re) Cte eee Red go 6d at SYS cies hoh hal addy » 9 Sel Le 1001 Genii eile We wCONUPACLEU, Og pate tere witcha el <.c. 0:8 3! pede gee al- sey os 1001 DVOGi sre Lom WwilOlln SIMON ILLOO G aie atcpsrorseaea Nadas «chat ee Webi lni lee Telasle ei ewaj'e "oh gy 1001 nroposaliawin German to include translations... 4455 00.6% tak aes 1001 RCE Ceuta eee ey etd) Pa Ae RAL SN ale Me RETIRE, Behe wel alld «, suelo PAL aca 1001 Ribed yee ee Cem or: COs COUILL sacs cd tetera Ean ahegaas an oes (6 law's faa iebvetols Un fe tie Free ier Me eroneny Scuall 25 ot a. th ewe eR on Mead Pace Salih dee ye all city, and stationery to be stamped with label of labor union 1002 Delaliy fore rmrersarding label -ProvislOui. eis cere as aly gine vie lals above provisions as to label void—See note to Sec. 2045....... 1002 PUBLIC PROPERTY=— Megha ; 808 AYU 11 Bits ree ee ESTO ONO ictus kee Safest tise cies s ace sole ko { 899 injuring or interfering with, connected with lighting city, is YT Sard Pe PN PL a a Re Bless abate asief aad sere lal pas ba 811 InjUsiNe eos Ne it PATKAPPFORIDITEG i...) i021. Posy oe a oe 996 all officers, clerks, etc., to make a return list of all property in HEC Re OWE GD Etc ue Aa Care wutg, 2 SRE Ser ea ae ee 2 ae 911 POLUTI Daal Brae COU LAT ha ahs Bor nly ic cbs eae lees ies Svle eee 911 POULT wit Sle ee rem GIO S OC LOLs Sir es he ay ely & cote t ind conn Bln p whi e sla blots 6 9 soe 912 unfit for service, turned over to ‘Comptroller a... ccc... fea). er vehicles of city—See Vehicles. Recorder of Deeds responsible for, in his charge..............- 1004 to be looked after, controlled and protected by Comptroller.... 1089 SEC. 806 1582 1583 1584 1585 1284 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Scheme, pp. 279-286. {res to Charter and Notes, pp. 463-542. Index to State Laws for St. Louis, pp. 225-256. PUBLIC PROPERTY—Continued. PAGE. lien: or ‘bought“invundersspécial waxes... eo ee aoe when Mayor and Comptroller may quit-claim property vader {x08 PUBLIC RECREATION COMMISSION— See Public Baths and Playgrounds. creation of, powers, duties, authority, appointment, etc.—See Ord» 32869, In: Appendixe. cece eke Sek pee Pe ae Rane 1153 PUBLIC SCALES— See Weighing Scales; Weights and Measures; Inspector of Weights and Measures. PUBLIC SCHOOL BUILDINGS—See School Buildings; Buiidings. PUBLIC SEWERS— See Sewers. PUBLIC WORK— See Streets and Highways; Board Publie Improvements. when work-house prisoners may be employed on.............. { ane ordinances for, to be prepared by Board Public Improvements.. { on ordinances for, to contain specific appropriation............... OTF ordinances for, to contain estimate of cost endorsement........ S71 conditions (inserted Mns contracw fOr. iss eas ecient eee een 971 complaint against defective character of—duty of Board Pub. Imp. 971 same-—-cost of investigation iat sous heer em ibis La eee 972 same-—what complaint;shall contain. fesse wou. ced. ec ee Nt Ave pee 972 same—estimate cost, deposit, dismissal.................cccccees STZ same—consideration of complaint, taking tesimony, Board ap- points, Commissioners. to Investigate, ete is. wi. ss Pe eee 972 same—service of notice, hearing, contents of notice............ 1 aug same—pfrocess for witnesses, deposSit.............. ccc cee ee ee eee Sig same—hearing, testimony, appearances ..............ccc cece eee EES same—decision and vote by Board Pub. Imp................... 913 same-—-Mayor? 2iven YCopy. POL UMOINne: on sf citar wit nee eile oe es 973 water-WOrks; -wnen to berleuolikesoluer: 4. tice memes sean ee 981 each letting for, to be numbered by Board Pub. Imp........... 985 advertisement. of (Notice xLor leLtin eA. tas a «sso os ona ee ee 985 what. such notice #60 “Contalie mee eck oes 's sco cont cee tenn tere 986 bids, (how -made; wresulavlons ect ces aie se ae eo eee 986 deposity to accompany Did for anGrw hal. 2.) ota eee eee 986 Same—amount’ Of) wdeposits. seen annette wid wie e's whale e pistcia Scene en 986 same—how deposit conditioned; extension of time............. 986 when) ‘deposit: forfeitedy mew olde: bcc as aie ees sacs ee eee ee 986 disposition of deposits for, of successful and unsuccessful bidders 986 openingof) bids “fore -by: Presiden tetinwhenl oh, hee anata et eee 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.......... YS 987 decisions on who can sue on bond for—See note to Sec. 1989.... 987 signing and ‘Approval «of, CONthACES TLOrt gs os >. eG eset erie rs 988 contracts for special tax work, deposit required, to secure what, 988 ete., when. returned?) CLG a. .ce ieee ees exit bunt ear we Sates to 989 s : 989 contracts for grading and repairs let annually................ { 970 annual emergency contract by B. P. I. for sewer work.......... 989 in connection with sewers—See Sewers. PUBLICATION— of notice to non-resident owners of unsafe buildings............ 610 SEC. 2432 2433 2427 1770 LITE 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 ORDINANCES. Index to Charter and Notes, pp. 463- Index to Scheme, pp. 279-286. Index to State Laws for St. Louis, pp. 225-256. PUBLICA TION—Continued. of of of of Names OLMSrsons sell Ns tainted LOO 64d ee eee eae sees application for lease of unimproved portion of wharf........ NOLIGE. # lO AU LOmERI Len tOe ar eee 9 eo Rey. seats 6 hese e's aia othe bole notice by Health Commissioner of impure milk, etc......... notice by, to remove obstructions from highway................ of of of of of in Ot of of of of of of proclamation for special session of Mun. Assem.............. proclamation for special election to Municipal Assembly.... WEOA a OGsr tt DOO Ke d OF Uber arte Ce aiid. cm Bistals o cde ta ove Biche eden POLI EOL TAT iCOl- Seattle Fi segters Cia Pitete no safe his aie o 68 See ee printed rules and regulations as to markets................. newspapers of advertisements concerning venereal diseases, MOG Clie LOL OU COUMUL Ol: BOLOEICr an incase LOE A cial am Stet) s Gk dik aes order prohibiting dogs to be without muzzles................ record of Mullanphy Emigrant Relief Fund.................. BELOCLIOUT OLS SPATLOG LOLs VEILCIOS ccm crate, fhe vematctierne che eiel oa 8a for excavations and obstructions in highways at night.......... at each end of pile of material in street or of excavation while ' MUtlaiie SNe Ne eOrOGLet GLUT IA aie Wits witsieis Sa meree nda eiie foe for man-holes and service boxes of electric companies.......... or danger signals, breaking, removing, etc.—See Danger-Signals. WHEHETCOINITEU Ol BUTCOLOCOLS sie is \eiecdie: ra eo slens “PS hae, A eta Jah Cea et oe REGISTER— UP Gem PAE OEE ECLA eae ye ele ie ie ete, Coe hand wil ees, ee Bod ele Sa eam eiaget drenaea ia riisiie COrONEr COFLInCale (OLE ClGGtiOn ects un cuetetthals cy selebecs.c ese TOMEI AL Gite LAU Se eOaWwOle CLS iia) occ cate tnle) craw cents Ooo ar achrw oa Pies Sile DAIICHI Y Li CeMncGaiges (vera ice cites aint otied ¢ eletaie vies to furnish metallic license plates for garbage vehicles.......... duties and powers respecting printing—See Public Printing. duty of respecting ordinances—See Ordinances. MULT OCIT Gs GOP DIALES, “DIOVIGIONS, vrecse ara el herese ele el ove ww Quakes ela ois RePMETED TF stitme 11 C CLLR C-P)1 AGES ie. cals 50a stcicus a tabal ot ake apt oC ends. ate ds’ Seales ns to notify roads of report of commissioners that one road use an- Gio t Pen rc sy} OLGre Namie nate Sted erat tate oe kee ae A telel, aXe olvs OC Our (lt) tommmernn te TELCOS WIL bey o.oo eli enn Wee Ok Mak Shek & ols ae ESA wie s NutieneseetoecOulrace 1OrepuvpliCe Printings 6.25.4 baa s Oeil aca ce enews OULICH arte MCOUEEACL SL OMujOD DIiNLing tg oats ec Revels « plestna ee cue Dee el here CEL IGE Be SE TTI CED. tn wre ated te tent do aoa a Mains b.ciates ea ce 4 to furnish certificate of election to Recorder of Deeds........... references to provisions governing, see note to heading of Chap. fy TEE IE RE Pee ES ee els ooo lave cabbie Gduke. curate, 6 6 8a hoe eee Cut] Com Gra time Cae 1 teen oy ae) folge s oli sv oie be wide Bedale es custody all public records, documents, all bonds, etc............ GUSTO Vem OleOle Mato Oa Wh ti en ge stl ae BE ufo ut Ris wtviel eis o aisis.s we ee attest acts Mayor, copies of documents, etc,, fees for copies, etc.. AGINIMISte te ease eee) ert EDT C1 ONG ue wee ce dis chai ola iw oss coo Siete cise e's BUPOMIN SAUD DNC IEL ues eI CORSE Ici, es ke ake Aa els whales «feelin oes ele nis performs all duties required of Clerk of County Court.......... SAM G——T OlGstO See ae ee ne te, oaks only cide cy cle vec wace nes LOvissite: Alimbtamee licenseseand OLMmse s,s he. cc ccc es oak owe OLHer “CuULIgn SAIN a yer ON ET OU ele panel lele els a nls dvs (s/o wis! wrale oe. oe) ale GeDULT 7 AD DULIEMIEN Ler DON Oise OlULIGE ds 09 8 oo ce o's drawer vias oe TEBDOMALDICP LOU Pe RC LOM OL TOTEM ete a ere a8 wc cov yuacd boa sus ole ata al « sabe PAGE. 1003 1003 1003 10038 1003 1003 1156 1004 1156 1004 1004 1004 1004 1004 1004 1005 1011 SEC. 2050 2051 2051 2052 2053 2054 2055 2056 2057 2058 2059 2059 2060 2061 2097 1288 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Scheme, pp. 279-286. {index to Charter and Notes, pp. 463-542. Index to State Laws for St. Louis, pp. 225-256. REGISTER—Continued. salary “of and /.of deputy, Ux0w's yoo ye tee Oe ce te Salaries iy ciec-atee sein eer ete eae OL ~WHALE DAVEE He ie se ocasa See duutle 'o lateral orcs te her ous Meme fe aera er an re ey one of conduits, ducts, wires, etc., for electric contrivance........... of space between street car tracks—See Street Railways. ANNUAL TEPAIT 'CONTTAGLU. siete: ee eue odeiata ate sibs Vetahe ceca 8 ween eres annual emergency, contract for Sewer work.............-2.ee00- of public buildings controlled by Pres. Board Pub. Improvements on .bollers,duitles ZO SO WNEFS sass Mae ee ccalr i> Coe Ree eee eee on elevators, regulations, duty. of owners, etc: .....)%.2.0. 42... of water- works (Pipes tow, aes sis ele a ele alkene does er a ee eee REPEAL OF ORDINANCES— See Ordinances. ~ 969 562 1918 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. Index to Scheme, 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 thereof. OLUCErar carmakers 00 Ge OnCePeACUCIN ONL tau 6c ile ters bees coe pene 912 ‘1709 1078 2377 TAN CeO RSID Ve OU ies OG? Olt, fee te clans gic oSele ost ereece i s.8's 1088 2378 1078 2380 I DAsee OL TUSLICCHN OL SUG NCACE, CUCL. « achicha 023.64 bacon cules 83 1326 RESIDENCE— OINcers ftvying. up, in city ssvacate- their offices... oos. .5 eh ees 908 1687 of jailer, superintendent of workhouse, fire department men, ete. —See names of institutions or officers. as a requisite for admission to insane asylum, etc.—See Insane Persons; Insane Asylum. RESTAURANTS— BOm DLO VUGwearnawen TECEDLACIES) ve cu eine cts tance wes oes hee bwee CAT 687 PiGUetiMerre OLGA lita pers ae lice RP ales Eee Pte ke ake ctw eon we ei 1038 2206 Classes VOLPordinaries | Or restaurants. cael soe c eka kiegceee bees 1038 2207 amount of license of each respective class, duration of license.. 1038 2207 same—amended—See appendix, ordinance 22596................ 1159 penalty for conducting under improper license.................. 1038 2208 same—amended—See appendix, ord. 22596.-.............c00c00- 1159 MECANCEL Tr UOT AMI Ti hore tthnre wie catatonic chale & Pelee ecole < aiele tes 1064 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; Assessment of Property; Leases; Rent; Col- lector; Treasury Department; Treasurer; Comptroller; Auditor, etc. REVISED CODE— reference to, by section number sufficient...................... 851 1414 Balle OL Ue 22 oat Mle CLP DOLLCLX vistas siecle aadee nes eels Soles See Bes 1150 is but one ordinance, being No. 22902, approved March 19, 1907. (See note on page 341 of Charter). CPR AR CUTE! CEPR EON AN) aoa Bork en olive DIAS hans Abi ee ie ei oe aa a 545 SELEUCIA Pt aus, soa Ee SUE TS LOS 6 Litre Sido e oc aha Kee odie 1130 CAPA reer rk CTE Tu a reer eee eR ed edges rn OE coats Lda a elas a cid eleln wk erde | REVISION OF ORDINANCES— not new enactments, but continuance of existing................ 849 1400 RIGHT TO ENTER PREMISES— by Building Commissioner to enter burned buildings............ 556 og by members Board of Appeals, or officer of Building 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............ | eae Ae Dy, GICYs COCmSUwIP eet se yi ticre GLU ta Hoe o/s). iss 4 Hale al de arash» 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 Ly. CONTYACTOPFE DAL ING ANiisance Lote CIC oe «ee 0 cla sist tinia wre ewe Wee's 713 668 by Supervisor of City Lighting........... AS ieee owt PING Ase ee 94 792 1144 1290 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Scheme, pp. 279-286. {ines to Charter and Notes, pp. 463-542. Index to State Laws for St. Louwis, pp. 225-256. RIGHT TO ENTER PREMISES—Continued. by Supervisor: of “Plumbing and sagentse- 35.50, 22 eee by .Sewer® Commissioner, orrvagents. cc oak ee ee by. Assessor+and -CollectorofsWater~Rates fel... oy so eee eee RIOTS AND RIOTOUS ASSEMBLIES— power of: Mayor. to quell ¢3 ox, ee ie ea te ne ee forbidden, misdemeanor ere eee oh, a ee ee RIPARIAN RIGHTS— on Mississippi River—See note to sec. 345......2............-.. ROCKETS— hot'.to be ‘diseharged) withonvepermise ee nae eee eee ROOFS— See Buildings. ROUNDABOUT— See Hahibition or Show. RUBBISH— where not: to: ‘bev Durned 340 os oe ee ee a ee fee When “:Ntisances 5 Poa ur eae eval aver ees te tee ee in’ nuisance, artiele delinedy. 2. yo. She ee eo oe cae eee on streets); prohibited oh. tee a ls ea ee ee eee ON: JOUSY NUISANCE spicy inde coc Mex She es ee ae ace caer eect eee term “in nuisance- article denned o..cc samme tienes oat ee a re on side-walk or street from buildings being erected............ on. side-walk from jburned, Dulldinges. 12) ho see le eae RUNNERS— for railroads, steamboats, hotels, etc., require a license.......... Mefinition BOE es yao) eo ei aie ele oa Ate ne ok lea doe a eee duties sof; "demeanor (OD seed pace ne kee ene Pe, es oe ee ee respectinl ‘manneropy-aTred wired 0s oe ea gia ee eines eae ee ee bond. of, ' Defore “1iCenses c/s «oe eae aie eae ces: soe een, Wee, eee amount and -period “or TWicenses Of. a7 free. ee eee license to hotel runner may be transferred when............... licenses for, not assignable or transferable.................... licenseto ‘be’ .exhi bitedvons demand) Swhen Were are sioerel eset es et police commissioners stands or places for, at stations........... violation..of article on: mIsSGEMeanor.cnc.daeene sensed) yep eee vehicle stands for—See Railroad Depots; Vehicles. S ST. ANNH’S WIDOWS’ HOME, INFANT ASYLUM, ETC.— may receive foundlings on contract with city................... foundlings at—See Foundlings. ST. CLAIR FERRY CO.— See Ferries. ST. LOUIS FIRE PREVENTION BUREAU— Inspectors EVO We | 58 2g. ed ee ase eels, cae ee ein eee ner ST. LOUIS COLORED ORPHANS’ HOME— authorized to contract with city for care of foundlings.......... foundlings at—See Foundlings. ST. LOUIS HARDWOOD AND LUMBER MANUFACTURERS EX- CHANGE— See Lumber. 229 223 224 590 594 598 610 629 928 929 2236 2237 2238 2239 2240 2241 2242 2243 2244 2245 2246 1728 1728 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1291 Index to Scheme, pp. 279-286. {inex to Charter and Notes, pp. 463-542. Index to State Laws for St. Lowis, pp. 225-256. ST. LOUIS INDUSTRIAL SCHOOL— PAGE. SEC. {formerly House of Refuge. ] Co TIT Stead ErTOUl toy PYLOL Me eh eee e ai oo as aMe aoe awe Sieg aD K vie tiede 625 285 PHO Len Glia VO mE ONIN UG oy cere ee pues «tie -ds dE ow Wale on S68 1509 BOGrd. OF ManaeersncoreMayor ADDOINUS... 0 6.4. kaa ds eaten 869 1510 WEA VOTE BE RPGLUGiO CITT ESOT eee eee as wk xeal’s Sodje ect cca eherstanw ala 869 1510 FLOUBELOLMELC EH Ser Min LLMs ie CCU art rs a eiviie vag emisie inp 4 0 0 kis egies 925 1785 change of name not to affect law regulating same.............. 926 1786 for references to statute and charter provisions, see note to peg! hate ep eM HEN OS Pat eet ke Cue ER ie ka ean 925 ST. LOUIS SCHOOL AND MUSEUM OF FINE ARTS— See Art Building. ST. LOUIS TRAINING SCHOOL FOR NURSES— excepted from qualifications necessary other appointees..:..... 666 460 pupils in, when admitted to hospitals........ Sf hy ipa Aa nt ae Er (22 713 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. Mees UI Ss CC OMINLISSLOMET Aly eel eee cakes ie vs CORA cg oe aS Gara, Ue alee aa 549 11 of janitors and night watehmen of Building Commissioner...... bdb1 16 of engineers and firemen of public buildings .................. 551 La Oey esr LOL ee uO SB SlOMOL tate cee visto ts deals iy sche le oss aness 553 30 of Chief Clerk, Assistant Clerk and Permit Clerk in office of Pa oe CONN MI Sa tO ias wets Loe ea As Otc ls a ais! a. a ore clare alas 554 31 same amended by Ord. 22778. See Appendix ...............0.0- 1132 of Chief Inspector, of .bimniding ‘Commissioner ....0:.0....0...05. \. 554 32 OR OLrer Ils peECLOrS- Of DUlLldIn= CONMNMISSIONG? oat es ole we 554 30-04 same, amendment to sec. 34, See Ord. 22749, Appendix........ L132 CePA TOMI eCUUl ain Trae DUS all weet Gee Oo sce es Sew as wee 555 35 of contingent employes of Building Commissioner ............. 555 36 CoE SOT Cel LET) COLE: tet oh a otek Canc td antes eeeatys eos SIGS CP EY ear 561 58 DieOorouer eitiss GEDULY, ANG CONSTADIG in oi ers yy Sie ae a 615 245 eg aTel ge Tene re OC Ges fe si bg Mi! eee tell ee eee a Ae ten a ay Se Ae 615 246 BE GIUPT OD el LONG OLOILCL a. seeterc te ht aw chaltie ee era aan livin jd sce. luce des orera ls 616 251 of Superintendent of Morgue, assistant and porter.............. 619 268 Cie AGEOT ye Ls DeCLOlealld Sse DIO VCS... Soc oc crane se hclee Sales wis 624 281 Gi Ue CTae ICG CULE LING IU. sors celta eos sraesie ot ek Shes eee to Belews 625 286 of assitants and employes in Fire Department................. 625 287 of men and officers in Fire and Police Telegraph Department.... 63: 318 Dims POU rmOne SCR VCNE GY (ITT Diss tae na ok ais eye vo ola sale dale es 657 407 OPaGGreMucitio MOE Le VES OTe Wall! cote. 24 6 lle. ood Fark a wi eie eo ereye 657 411 IPR ORACSp NABI TELS TAD Y ECE MG OLG ING MS Mcts UAE by, ROMP” Manns mn ine Se ee ee 663 440 of Clerk of Board of Health and of Health Commissioner...... 664 445 Oy ieeert CL ie mV ELEN eds) erm ene ee oaks le) wae ese joce a's a's agebes 665 451 OL ASSIS Gl Gee eal Lier ON IISSLOLLGT te Ac ee MEE sface's lebsiass we aga Whee eo 666 455 of additional help in Health Commissioner’s office.............. 666 457 Of Clerpkae sanicary aby isioll Oar tol eHealth icy oa ad sod re base 666 461 667 462 where employes of Health Department work overtime.......... 667 463 667 464 Die TG ALE 10) Cele Perret Od as ela oe heidi dias, bn Sie adds as 667 465 OLS ass lata Tie i Cue Or tere mee ae sO LE ee whe cis a cs, Yin Se old Bima 668 469 Of Clerk) ANG ator LO s a TeLIOLOP IS att oye Lm ows lele's ge v peeckleren 668 473 of two new laboratory assistants to Bacteriologist. (See sec. 4 ORD OLLOL Osco ey Mme DIOLS bs cite ence id & oew da. OR 8 ws patie eee AL, OPMOLEY CGI ie taunt, eer, Se ee ee ee as Ls a's! sw aha: 6 aig wiedigrs 670 A477 of sundry subordinates and assistants to City Chemist........ 670 480 1292 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Scheme, pp. 279-286. {index to Charter and Notes, pp. 463-542. Index to State Laws for St. Lowis, pp. 225-256. SALARIES OR COMPENSATION—Continued. PAGE. of assistant milk inspection employes to City Chemist.......... 672 : : : 683 of veterinary surgeons as inspectors of live stock, etc.......... { 684 of inspectors of meat, fish, vegetables, fruit, etc................ 686 Of) ‘CLEVE NULSES cs See AE ee ee eter re aie ace ieas eee et Ritey eee See etna aoa 122 of Superintendents of Insane Asylum, City Hospital, Female Hos pital.e este 06 25 eRe epee eee et te ee Se PRMD mh CS ign To ( 723 : j . [ney 2 of Superintendent ob Quarantine. sari viele oe wien eee } 794 \ 124 of Assistant Superintendent at Insane Asylum ............. i 725 of Assistant Superintendent at Female Hospital ...........0..... 726 of Supervisor of Nurses and Matron at Female Hospital...... 727 of ‘apothecaries; at “dispensary ics... Guin cele: aa ee eee eee 730 of: Superinténdent.ob Poor-House sc yee tips ea, eer eee ae toe of dairy. ‘employes. atPoor-Housess Sau Selene ere aren ee (op of officers and employes of Health Department (not otherwise es above SPecified eve sci etee wesc lee areata eis Oh ete a ea re 751 of .commissioners in. street;-opening;” ela.) (Cases... 45. suse 754 of -employes: in. street-sprinkling sdivisions South oteArsenaia. .7e ote iets date 831 of Attorney of Police Court South of Arsenal................ 831 of “Marshal and» his deputies.) Cie ecmeetls see aie gee ane Ree 834 of: Jury “Commissioner and sdepuiles Ae + 2 a es eee ei 834 of City Attorney, and of Assistant City Attorney... vis 3. oie 836 of ‘Associate —. City: GA ttOrney ig Oho Pe piste atc bs ns nd coronas Biatkty Genes 837 of ‘City: Counsélor cause. ce woe hole 2 oe oe See hs bee ee tee ee 840 of “Associate. City =Connselors ic cee etc ee es Ge ee rae aaa 840 of Second Associate sity s Counselor’ 22 eres ae ol oe erates 840 of Assistant City Counselor, See Appendix, ord 23038, amending R..C., BOGS LS CS Be Sete es eclete sb Stree Meany Nae a 1149 of clerks, stenographers in City Counselor’s office—See ord. 230388, In KAPDEN GIR eG she hth, ee ae cee een a eae ce Oe AC ea 1149 of additional stenographers by the day, in City Counselor’s of- Li Pee wL ER A it Coo SSM e Re MMe ame rie he WE ORIN SOs A 3S 843 of members: of; MunicipalyAssembl y., 25 see se ee eens anes 843 OL Mayor. sane re hs oe mee ba oko oe eet en ae tee Lge, ere 865 of Mayor’s Secretary, Assistant Secretary, Janitor, Stenographer 865 Of Acting, Mayon rie wimreleic mea are celt La Sarale dociehacs ape ed an pare te eieatas 866 of persons employed by Marshal to take up estrays ............ 885 of Smoke “Inspector andeDeputies-s.. o.c geoe oe 1 et eee eee 894 none for Board Mullanphy Emigrant Relief Fund............... 902 of officers of Board of Mullanphy Emigrant Relief fund......... 903 none, while officers out of city without leave.:.............. 908 none to. officers ‘for period sOl-Suspension: 27, fs ens te ke ee 911 none to Commissioners of Penal and Charitable Institutions.... 915 for eare of foundlings—See Foundlings. | Of gallo)! aaah ae See ek Rie ote bie hoe ate. bP SREP oy RMR LAS Aa 917 oL deputy jailer, -suards COOKS BUG Gril ce ae eee ee 917 of physician when employed at Work-House .................. 922 of ‘Superintendent at Work-House ss. Sse sven tie eek eee ate eae 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 1658 1664 1688 1705 1727 1736 1737 1765 1779 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1298 ‘ Index to Charter and Notes, pp. 463-542. | ies to Scheme, pp. 279-286. Index to State Laws for St. Louis, pp. 225-256. SALARIES OR COMPENSATION—Continued. PAGE. SEC. 924 1780 OL OtNGr 7EmplOvesy aw oVV OF R-ELOUSG) nei head hak bole o eA ates DRS 925 1782 of Board of Examiners of Plumbers—See Appendix, ord. 23007.1150-1153 of Supervisor of Plumbing and of his subordinates............ 927 1792 NONE SlOMeP UDG! Bathes GOULMISSION. wo cas te ase isola sicateeee « +s 931 1803 OP ALCENO Aes Geer Da eee ra ae dic gate ack a sie fan vine Ae? O ean e © 931 1804 same—baths and play-grounds, ord. 22869, Appendix........... 11538 OPMNSNeCLOTPSeOL’ V GUICleSaot: ohatisio science OW tak acs Sues «aces eae «6 935 1810 of Secretary of Board of Public Improvements .............. 967 1911 of Assistant, deputy and Assessor of Special Taxes.............. 974 1941 974 1942 975 1943 of additional employes of Pres. Pub. Improvements........... he fae 991 2003 991 2004 of Water Department men at Water-Works, Electric Plant and eee t Le VsRR Per CW cE PA a GPA CS sobs lie hin ute iy ated Gilg’ wackinte, Risisle eh « 982 1961 of deputies and employes Harbor and Wharf Department ...... 983 1965 CREME VALUE LV IVIC TT MEAN EOC TTETIISOL Celeste eva he a se ea ot eee Cace s 984 1968 Of DETesidenteboarTd reubiicg IMpTOVEMeENts. f.;.0c. Cees ee ae ees. 989 1995 Ps CLOUT SOOO Tien ede etch ties es fake tetie ce ad cole aftr t's 989 1996 TVS EA oY yk Ge WP TOT H ETH Yep OUST 7 Sa Ne Laps) gh PP RIO Oa Clan AR RRS retin iy 990 1997 RELA VCE E eRe E TAS POT PT ae eRe epee ae natal pale a aicha ite ah, eralah ig ee sleek ae 990 1998 Ore rac wade Vwi oe GOMmiesiOuel 0), /siv am oiere lees saad Meee kts 990 1999 Gl Pat ee COM niissiOneneaw ie cn sees wie oa ed, Dhara Cote stele ot cl horas aahay ¢ 990 2000 of Assistant to Sewer and Water Dept., Chief Mechan., Engi- GOI aT esha RAT koa LGD Civs viel ov ode tues oie el a Socleln ala ear tee chew. 990 2001 of employes in Water Commissioner’s office .................. 991 2005 of distribution system employes in Water Dep’t.............. 991 2006 oOteemployes,or. Water Meter-andstap dept. ee. eee wet eee 992 2007 OL, CMploy eS" OLAWAleI IDSHeCLION:, GEpit) oa. Of tte eC ae ele Se. 992 2008 of employes of water supply and purifying system ............ 992 2009 of employes of high and low service engines dep’t.............. 993 2010 of employes in sewer department not elsewhere fixed............ 993 2011 of employes Harbor “and Wharfi-Depatftment J..i0.....0..66.% 994 2012 Ob EMI DlOVesm OL EL ALD OlAr DOH Leterme en Ciel alo ire ere nas whee nee B's 994 2014 Ce CIN DIGY Gn Ole Al GOTT IBS LON CLE ene fen toate oie elas. 5 avec. cgielle’e 994 2015 OLSKEONers, Of er at he CAN ime Ci LAGOS) vclsideclois, v aisiyl cles bineve edt 995 2016 OL TROCOTMUGIe OL a CCU ra cme tt MEN ne foe, wee ee Soe wn eck ciples ge wae 1003 2052 of employes in office of Recorder of Deeds .................... 1004 2055 same—amendment, Appendix ord. 228838 ...............2 cee 1156 of abstracter and indexer in Recorder’s office.................. 1004 2057 Ol, Heziatereand Ole Depiilys Dee tstelieys. le oiaiethese cle sos os ws Ratner Ohare 1006 2065 OL VCIGOCES FITMIVOR IN COn CROC eed. A das he eldk Give wists a ape ace 1006 2066 Oly EP Peet ell Gets G0 BASSO RaUL Es Wm uatin rite fags as wit Bale dh dle de alate 1008 2076 Oly CHIPIIUSDULY A DUA LOULOLIASSESBOIE Cite od Ce eck lalate sik wows Cleve 1008 2077 GLROISCEIy RAS SER OL SM met ieee PRM a Mer Mins Me la gracts wees clave ea 1008 2078 of deputies, clerks and draughtsmen of Assessor .............. 1008 2079 OL MeMpere Ome DUAL Olu LI ZALLOM hed Oe cveie clad olalv ce 6 8a 1012 2100 of carpenter and builder on Equalization Board ................ 1012 2100 of members of Board of License Revision .................... 1016 2113 Ole TOTMiGie Coleen OMiUI sere L weil sik icity o ein fists ola awl v vc cjeteleie es 1017 2116 of employes of former license commissioner ................4.. 1018 2118 OL, GIDLOVGr Aa CONserOOHOCEO ey wie 4cls cate, alelnle a 0845s bole ocr ge bowers 1018 2120 OF INSPECTORS MOIR ELLC CU EALINV AY SE CDOLUS, | cus uivislica's cis 5 shal Oe «um gov a oe 1049 2260 OF eputisomo eG Ol CO GO Rams eas, Wats fate eis ep ocd iels aude aue sieve ois ace 1056 2295 COMPECNHSATIONT Ol LHGrOL DEE VOLG SO WOlo ras bile 6s eardew Saws bah wee « 1061 2311 Of -INSPECTORFOL DONG BRADAIP IC VALOTS Lact isin s Ovi a ale ap onto 6 wrele 1070 233 OL; CEDUUVEEPy reat eee es ele ee as Oe coe, ceca S08, oer ataed gree b aid dle 1071 2341 OL CLOT. Ole Bb it Ome Cee rte) a a Ge on Sie hie HK noua eas wis «8 eels 1071 2342 Ot: HORTOsOU MUe IIOGl sateen wert ete 6) fae ee Mave whats cde es 1071 2343 1294 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. | mde to State Laws for St. Louis, pp. 225-256. SALARIES OR COMPENSATION—Continued. PAGE. of ‘Commissioner. of Supphesc lee ec ce ee aero eas oe eee ey ean 1075 of ‘deputy cof’ Gommissionéer.,.0b- pupplicssmn t.ho tee ea ee 1075 of’ stenographer. of Supply Commissidneric. fi. 2-1 devesna ae tees 1075 of clerks, book-keepers, ete., Supply Commissioner ............. 1076 of committee appointed to examine accounts and books of fiscal OTAGOLS ees cae Ming RO ale eR CI Ee sonal Sok Ak aL ee 1085 OF MAUCILOP. oo rs aceleh Veh ne Cpe el aro eee ac te Came Ae eho 7 tay 0, ena 1085 of first and second Deputy Auditor ....... Ee a eee, OB 1086 of clerks of Auditor?) Ge cas eet Mee a a eee eee 1086 of Comptroller, Assistants, Supervisor and Statistician........ 1091 of: ‘clerks; of.Comptrollers = 227s tee eee el. ee eee 1091 of Treasurer and officers or employes in his office............ 1095 of Assessor. and: Collector) of Water” Rates 13.02. a.-07. 6 1095 of deputy Assessor and Collector of Water Rates............ 1096: of otheremployes oF Same yee ak site pues ce carl te gee eine cl See eee of additional employes of same by late ord. 28000 ............ 1163 of employes of Inspector of Weights and Measures.............. 1116 of -Inspector ol Weights and Measuresin)) ie facc eee ce ere arena 1117 of Weighers Of Seales 2025 ia ee sca eee tae tte cen ar ea eee aes 1119 of-Assistamt-“Weighers Of SCalesm.25u soe tien ee eee 1120 none to Public Recreation Commissioners, ord. 22869, Appendix..+ 1153 of employes of Public Recreation Commission—See ord. 22869, tA DD OTL cis Gheiaie este aid oe eer hk Sree eso asters ear ae ce oe Liss SALES— at auction—See Auction. SALES-STABLE— see also Livery Stable. not to: be. opened» without cordinance, Veter. wr, sto cn eke ieee Lie: Gennition> OLL654 Co ees eee Tele Sate ee earn een eee ed PEAS RTD 1046 LTIGOENS GS LOT ee eee ate Phe ae bo eet Lace Soe, SES Lan Rina Le ne fe ee 1047 Same amended, ord: 22598.. S66 APPenagix sg wae opie ee 1161 certificate from Police Commissioners for license............ 1047 penalty doins business -witnout license 2. eee bi SAR e-8 Gabe 1047 when provisions for, do not apply to livery stables ............ 1047 SALOONS— See Dram-Shops. SALT— standards Dushel.e< Se tee tater ore tale Bi ast) 5 ee ee ie ee fe 1118 SAND— _. letting Janding places onewwhart 1Ore.. .\.4).% ee eee er 650 SANITARIUM— must-be. Drst:;-class *bulldingercs week ee ae Cee eee eee 563 reculationss LOT; sOTd. P220067 Sin DORIC UX @ cee ae eee ee 1142 SAUSAGE— maybe’ sold‘1mder-meat-shop license eee ek ee ee ee 862 makers of, not included under meat-shop article ............... 863 SCALES— See Weighing Scales; Weights and Measures. SCALPERS— See Railroad Ticket Brokers. SCARLATINA— See Contagious or Infectious Diseases. 625 626 2248 2251 2254 2255 2256 1473 1480 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1295 Index to Scheme, pp. 279-286. {ine to Charter and Notes, pp. 463-542. Index to State Laws for St. Louis, pp. 225-256. SCAVENGER DUMPS— PAGE. SEC. POLIO Ole pe cet iote tae nate een thee he Ga alle ata t aig eee By. wy 656 — 405 BALD OFINLGNG OT be OF wae ole ween oO Fe on ah ee a Pe yin ty ohare ed, bok 657 406 WACCHM Ol TORE R Nien een ae eo eNO) is tiie. ct diglas raha tt 607 407 WOAGINAy DS LGM Pedal, = kee aa ete ee ie Ln, Wiel cee ee 657 408 PaPUlatiOnss os tar DOL aude Vea On) Te TOl sk en adel oe oe soos s { a a TEN palate se Ol ONL DI LeU ses fey is Maa oh uN ot lk beeen ee 657 410 TOMIOV EL Oats Palen geet me Phar Tite! ete tche, Sethe oe deb,: Sebald lng! beeda rotate 657 411 AUG eet y sehr. ree Gee a cate ete ee oa sha hicioeag, eeeiastoga et Aton, 657 411 duty of Harbor and Wharf Commissioner as to................. 982 1964 dump boats, see Harbor and Wharf Com’r. SCAVENGERS— See Garbage. SCHOOL BUILDINGS—See Buildings. rege Saas Aa LUPE RSS Gig OR 79 Sea A ie See a RAL ii ] cick eee eee 1058 persons constructing sewers to comply with directions of.... 1060 to reconstruct work on sewers improperly done, cost recovered, Teport:toe } Bar Posdy, Pcs Se eee re lls fe soos ag 1060 control of city through, over private Sewers .............eseee-- 1061 may permit privies to be more than eight feet deep.......... 1062 right. ot: entry into, premises having rvarains vss we 5 2. wists eee ane 1064 same—may order owner conform to ordinances ................. 1064 Index to Charter and Notes, pp. 4638-542. Index to Scheme, pp. 279-286. Index to State Laws for St. Louis, pp. 225-256. SEWER CONNECTIONS—See Sewers. SEWER DEPARTMENT— See Sewer Commissioner; Sewers. SEWERS— draining water from Trooisinto~ .325 2.5 EE Nis ate he he mata RMT 578 connection with, required in mercantile and manufacturing build- PISS, See is weary ete atta ye hla nero Oe eee a aha ent ts se an oa ee 585 connection with, required in all buildings, when accessible...... 1063 connections, regulations sin-general )o sc iis ee ea ee ee ee 1063 connection with, from dairies and cow-stables ............... 681 connections with vaults, water-closets, etc. See Vaults, Privies and Water-Closets. 701 throwin i ing ; | 1064 Sf Matter into, ‘or creating Nuisance. cae Wee eee ye 1065 tenement, boarding houses, etc., to have proper.............. 702 connections and drains when nuisance—See Nuisance. fixing route for sewer, plat to be provided................. fame, 752 condemnation oly property iOV) ss... cit. | ae ee ee ee ee ee 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........... ein ae 927 builders of, see Drainlaying and Drainiayers. connections not allowed plumbers until deposit .............. 929 connections cannot be made without permit (See below.) liability for;breakin2iOlre s eeats ccactyek so ace et pears eee ete weet ee tae 961 B. P. I. to draft ordinances for all improvements for............ 968 connections, construction, etc., of all, under charge of Sewer Com: ace missioner.;; (Seesalso below.) ice Vie wk a a eee eee tee Eee es 1060 annual emergency /COntracl Mor Sewers WOrk inn o0. suger 989 all sewers to observe requirements of Chap. 34................. 1058 permits: for, required, irome Commissioner Fis). 24g eee ee Nath what permit to contain, how obtained, plans to be approved, de- POBIT TeGuUITed 2 is se ata ere ee oe cheek carts nhs rae eke ee ee ee ee 1058 lot owner takes risk of backwater from, trap required.......... 1058 when plans to be approved for, by Board Pubs impts te fan eee 1058 SEC. 1956 1997 2001 2011 2303 2303 2306 2306 2307 2308 2313 2315 2315 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1297 Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. | Indes to State Laws for St. Lowis, pp. 225-256. SEWERS—Continued. PAGE. SEC. SOst LOL “INSDEOUIONT Olas I NeNeCULOM acialoals sta tidlde alate atawalbctre ¢ 1059 2303 no permit for connections while special tax bills unpaid........ 1059 2304 BAING—-G* COTO GVICOD Meir s wens ieee a om race hes aoe) alae Moa’ wha's «se ee 1059 2304 same—section sustained—See note to sec. 2304................- 1059 no permit to connect with District or Joint District, during con- NEPUCLION, exCenu Under What CONGIMIONS 20. Oe ee eles oc he es 1059 2305 same—deposit of special fund, when returned................ 1059 2305 work on, defectively done, city may reconstruct or repair and recover cost; drainlayer’s permit cancelled ................ 1060 2306 work on to be done as commissioner directS...............-202- 1060 2306 work without permit, is considered defective work.......... 1060 2307 work without permit, reconstructed, cost recovered by city, un- paid assessment shall be part of damage................0.8. 1060 2307 CBOULEOMOL CILY -OVCl Private SOW ET Sisk ont ca site ate sia eben cas desis» he 1061 2308 when lot owners having private connections with, deemed PeLICrOnersc 10r SEW Ole GIStriGG, CLG cyt aes d'e sis ove Ohet ae elas 1061 2309 how connection with private sewer with builder’s consent to GRC Ca LEC ee ey eR eT ae te Na aha len fafe he AMEE Mile aie Serre tadi< sich ale ote 1061 2310 femniiiOns Gl DUCED Om Sawere- 1D. CDADLE! 2 oie vie ¥ coer ok espa. soe 1061 2310 how connection with private sewer without builder’s consent CULAR CUAL COTE E EDS taco red ler ipetel crea toads easing o «ta cie ie Winlager dia bora’ ¢ 1061 25.1 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 Zale drains, how constructed, vaults, traps, water closets, sinks, buildings where large numbers congregate ................ 1062 2313 regulations as to connections, pipes, drains, closets, traps, sub- SOLITONS OLO een ane eee kh ay ok Lilt. Shite Mak Dard, oid tle elles s 1063 2314 and drains, right of commissioner to enter premises and compel CONLONMMaANnCee Lom OTCIN ANCE Wad tare nte cnt a tie er dha sia ld ete vi casea dicks 1064 2015 connecting steam or exhaust pipes, or boilers with, etc......... 1064 2316 _plumbing provisions can only be varied by B. P. I.............. 1064 2aht not to be dammed without permit from commissioner ........ 1064 2318 certain establishments discharging matter that obstructs SOW OLSON Ua Hay G&GALGlDaASiiomemer ste. ats y Wa iettceia ttle want etre es 1065 2319 9 DET ALE LOMB VLOUAUIN Sei le ee Pest tele cnn ie Loma hoa ieee Gaat uate «in 1065 Fae ODStructronsOLremoved«at CGSl OL OWNGH. fe) ane Ctra es eve Gos 1065 Zook SEXTONS— of cemeteries—See Burials; Cemeteries. SHADE TREES— See Trees. SHEATHING— See Buildings. SHERIFF— TIZNU LOLINS VGC Dan OLOKOLS TCL IStelTe eae hii fy nies Cedi ke. 1040 2213 right to inspect second-hand dealers’ register.................. 1058 2300 SHOOTING IN CITY—See Firearms. SHOOTING GALLERIES— LO51 2270 HGONSE DLO Van IOUS CONCGIEI Ge aie tice fence tei ole ua ecslalalieatelan ae 2 to to 1054 2285 GENNE Gt oie pare tee ee ee Oe Ae Nace Aen tales & Sia a tie owe 1051 2271 AMOUNCs OLAIGCU EC are mr eas earns oee tee cin ail eis Swi ec avshar ona So win lnves @ 1052 2274 SHOW— See Theatrical Performance; Exhibition. SHOW WINDOWS— See Buildings. may Oxtend Now fale lO SErootan aan kas Cowes te wae Kees mee ce 579 120 1298 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. SHUTTERS—See Buildings. fire-doorsaAnd ie we ee Vs iw ee Dis Oe earch otet &, Soa eda Te tetera tee how to be arranged . SIDEWALKS— [In so far aS matter applies to other highways 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 TRE GWOT. ie aie care i herent dard lolootat she kee tat ee width of; required and Dow xed 2402 cceety ea s os oto a a ore eee ee eross ‘grade of. penalty. [or ViGlali Ones. | os iasscale cay sete ene eross-grade ordinance, decision on, See note to sec. 900 permission by B. P. I. to owner to construct sidewalk.......... decision on right of owner to construct—Note to sec. 901 what material to be constructed of in certain localities.......... regulations for repairing of, notice for temporary repairs cost of repairing, shall be lien © Cle @ © €\e,)e ©. 0 \0 10) 6,0 0. 6 oie #8, 01a 6) 618 6 Ob 6 8 6) 0, Sew lee eye 8 @ @.\0 © @ @ le @ ¥ eee eevee eoeceeer ere eee eee eee ee ee eee eee eee cost computed and assessed as special tax permission \toalay, rebuild -ormTenaire seen. ee ee ees ae eee penalty ‘for: constructing’ contrary. to ordinance... 2... ais.) 1s ae to be repaired by owner on notice from Street Commissioner. . cost‘:of repair of, .speciak taxes 10rse: sae ake een Cet ee planting shade trees, where—See Z'rees. vaults under—See Vaults. excavations in—See Hacavations. temporary occupation of by building material, etc.—See Streets and Highways; Obstructions. temporary while buildings being erected.....................- temporary obstruction of, see Obstructions. rubbish,:on; ‘from’ burned ouildinesi soy eo 20h ete oteatuer iets barbed wire fences near improved—See F'ences. regulations for openings, grating, cellar door, etc Ce ole 6 « 6.6 01 e 6 e866 projecting signs over, encumbering with merchandise, obstruct- INS OCOD 5. Oe Oi eee dah leas tara ete: sires ip" ane hele Meals erie eee ann) keene . throwing fruit; ete) on; forbiddenin.......ass hae tee ee eae to be kept clear of filth, snow and ice, by whom no advertisements painted on oe © © 6 6 © © 'v ‘ee 8 Bee erecerereee eee ee eee eee see eee eevee eee fires on—See Fire. use of, for market stands, see Markets. SIGNALS—See Danger Signal. SIGNS— COSL OF mperMiG LOK we silo e stece diayeae ks oe ee Ee i eae ee ree ee TEZUJALIONS | CONGEINING 17 ek anor. eratalere eee eae Me tr are «ia es aac bill-board, see Bill-Boards. displayed where petroleum, naptha, benzine, gasoline, baled hay, / tarpentine, etc,,, iS Kept... 221 ek ec ae cee ae erences Renee y ee projecting over sidewalks, prohibited, exceptions posts for, permission from Board Public Impts SKELETON BUILDINGS—See Buildings. SKIDS— See Wharf. SKY-LIGHTS—See Buildings; Theatres. SLATE— See Buildings. SLAUGHTER HOUSES— to be: whitewashed, how’ often,) penalty 2.3% os. wis Sec aly we ncete ote when nuisance, see note to Chap 11, Art. 12 how to be constructed and drained oeerere eee eee eevee © 0 © €¢ 6 0 -¢ 'e @ 6 6 6 #9 0 es © 2 0 6 @ oeoeere eee ree ee eee eee eee ee eee @ PAGE. 584 584 648 757 757 757 757 757 758 758 759 759 759 759 759 759 759 765 768 806 806 807 810 810 886 560 579 613 806 973 SEG. 141 142 370 899 900 901 903 904 905 906 909 907 908 909 909 928 929 1213 1214 1216 1218 1234 1235 1590 D4 121 233 1216 1933 600 601 602 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1299 Index to Scheme, pp. 279-286. {ines to Charter and Notes, pp. 463-542. Index to State Laws for St. Louis, pp. 225-256. SLAUGHTER HOUSES—Continued. PAGE. SEC. liquid matter from, not to be discharged into pond............. 701 608 not to be opened or operated without ordinance................ { ie ie not to drain into sewer without intervening catch basin.......... 1065 2319 when sewer obstruction removed at cost of.................... 1065 23211 Asi ( 2320 DENA Vir ODSEC CLIT ICO WOL corr ar tee coon Oboe es hes actbeeril a wesle ieee we 1065 1 2327 SLAUGHTERING— See also Dead Animals. Disease mati iiais DLOULULLOG wee nies ca ee ok Detects. 859 { ae anima ilar kel eDVonLDIled 5 x\.¢aite seta cles tele cn wile ea eum 859 1454 SLOPS— See Garbage; Offal. SLUNG-SHOT— ‘ Pee WL) eae SCLC TIO ON ne cle gikersta s thcts csi re aie in een) aka we amet 879 1548 SMALL-POX— See Contagious or Infectious Diseases. HOSPLtals SaIATICSHOL CTNPLOV eS AL ere «cele co ciele cere ere Ante aerial , Cte P5sticetasls Bere aiete ms eke ee nal Scie cite eee 988 1991 sec; 1991 “held: valid,’ see 2notestoesee 1991s sta eee eee 988 deposit for special tax work, when additional necessary......... 988 1992 same—conditions of return of special tax work deposit.......... 989 1993 redemption from city of property sold under special tax sain | 3001 vet or’ under liens Thereols 4..4i abies Coe Roe ee teens ee 1089 2497 notice by Comptroller of special tax claim in city, etc........... 1091 2434 SPECIAL TAX BILLS— for abatine Ol titew eer Cl ate ees watts a oe tate a cis ola acs sO elecerc Rane bes 956 1869 regulations receiving and discharging passengers, stopping of CATE, OU re an td Ee ha a ahah ar ew soul iit wis il a ele cl Web wre bobble a whats 956 1870 slow down at crossings, ringing gong—red light................ 957 1870 penalty” LOPMVIOIAU eA MOGLLOU me OF tiv ees clei we eles « cleteceaceine pe 1871 printed copy to be posted in cars of sec. 1870................2.. 957 1872 Tenders ON? Aa aa rele toa tie bas Sie ote wc bie ae oN ea bee 95 7 1873 1304 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. {index to State Laws for St. Lowis, pp. 225-256. STREET RAILWAY CARS—Continued. PAGE, SEC. fenders, revocation of certificate, new fenders................ 958 1874 use of broken or ineffective, misdemeanor,, .....'........--05--- 958 1874 operating, without fenders; penalty the... ci tert ee eee ore 958 1875 getting on tenders; Torbiddeny yan. cee ale as ee eee eee 958 1876 brakes,. approval, penalty “failure to sprovidel... fo... 5s ee eee 959 1877 brakes, revoking approval, new brakes, penalty................ 959 1878 rails, gauge, tracks, etc., see Street Railways. decisions as to imposition of license-taxes on, See note to head- inetof Art: 18*ol. GHAD MRLs ek. eeecte mek tee cures ah es een ee er 1047 all companies, firms, etc., operating, to pay license.......... 1048 PAPA license''tax on.each car, tax: how, computed. 8 wens ee 1048 2258 equipment of cars to enable determination of license-tax...... 1048 2259 investigation of correctness of report, by whom and how...... 1049 2260 failure to report passengers on, or interfering with inspection of. report’ or registers -. 1. .nuken een ee ei ee eee 1049 2261 License Collector to notify companies to pay license on...... 1049 2262 failure to pay license-tax on, misdemeanor....................:- 1049 2262 failure to pay license-tax, revocation of license................. 1049 2263 article not affecting special ordinances concerning ............ 1050 2264 STREET RAILWAYS—See Street-Railway Cars. when nuisance in streets—See note to heading nuisance in Chap. 1) A ae are tate ee ee PRR tag Pe. Choral ya 693 stations, ‘spitting, Anisdemeanors ac, wc we eee ee ee ee 886 1586 references to laws concerning—See note to heading of Chap. 23, BATE. Ge bois 56 cates eke ake oe ie Pe poeta ete ies ae 949 application OL -articlesOn ats ee cele ala Ait ie oe ee 949 1863 decisions ‘on what are, See note-to sec: 18635 (i.e. eee eae 949 all provisions concerning cars of, see Street Railway Cars. decisions as to power and control of city over, See note to sec. ESOS fs ecahaka ecco eli oie a tetany Okt tye at ata hae SPOOR pe nee anne Oe ce 951 decisions concerning, see Street-Railway Cars. / violating speed or time schedule or other regulations.......... 955 1868 promulgation of unlawful schedules, who liable .............. 955 1868 how’ routes’ of; may ober changed) i: se ten eee eee 956 1869 rules for operating cars, etc., see Street-Railway Cars. rails, guaze, Lreele COMMISS! ON GI cicic cities ic bu 6 che ehe oa ered ok ae 975 1945 . TAVerAMLOGALe wate ONOn COTE ACUI ce fg tk sewer gee “belie: slncta lates, Sake 754 884 bill submitted by Board Pub. Imp. to assembly............. { ie ce advertisement for proposals by Board Pub. Imp. after passage ORCOTUINAN COM ae eee etre eeAGse garters v site ake ole ele cone 754 885 AUVELseIen taALOmCONLAlTR WHALE AG dice cali kicks oUt aio occ ad ae iD 886 awarding of contract. tobe on:usual terms. ie odes gael dave. 155 887 NO Weal Oca te DlUn RaCOIrLAined.. 4% hy bite. eth elas wee tata! sande weal 755 888 Whol iuatnicnance sO Dll ealion ;DeSiNSs a view site: ci yc herd io 889 NOWAMCORCIACLSDriGonpaldmen < is woatite nu tee ve gle Nur ae hates 755 889 POR ATC em OW Piha OL ai cag bar dig Wel ap eele eT ek Clea Onan geo alle 755 890 DBLreeumopunissroner, Girects repairs, Colds keene so 755 890 reconstruction by contractor for inferior work, when and how OUIOLEUM Bae ee ee a Ee wake oe a wf Sk OW aiwchia ache Bieth ahe nied cterehe 755 891 effect of clause to “maintain in repair for five years,” see TOU ALORS CO Wits Ort yer fy dsc att bow Naps CO IE CORA GR set irate tnd ge! too failure to reconstruct, cancellation contract, etc............. 756 892 failure, reconstruction cost recovered from contractor...... 756 892 repairs resulting from disturbance of paving............... 756 893 same—cost how ascertained in case disturbance............ 756 894 Contractor Das Tigit tO inake, repairs. WHEN card. ss bts see 756 895 CONTAC LE: CO, CONLALIN? AUONG WILOVISLONS shor o secieehcks arene oko ei bh ests 756 896 DONE TOMA AINILeN BECO TCOUIT GI as tiie, hale ate S oh btw aradac eee an cidecs 756 897 gas, sewer and water connections to be made in advance, un- TESS DEE CLC aera cneitya a mtee shel negra eee Gedtalaos ie rete veers 157 898 width, material, and cross-grade of sidewalks—See Sidewalks. DELIIESLOUY LOFCOD SLT UCLTCLOSS- WALKS as faa soa ee ciuiite Wome relat Gs 758 902 repairing of sidewalks—See Sidewalks. repairing of alleys—See Alleys. repairing streets, what material to be used................ 760 $11 when gas-company to repair—See Gas-Connections. temporary closing of, etc., while work being done.......... 760 914 private persons on permit from B. P. I. construct streets, etc. 761 917 deposit where private persons construct, etc................ 761 918 vaults under—See Vaults. excavation in—See Hacavations. procedure and proceedings by B. P. I. for proposed improve- PLATSV EIS Wirna Wale “hid eo ys eel geal oR PR en con 969 1918 same—how conducted—remonstrance, preparation of ordi- PLES PUL GRECO ELL Chinen ree gne eMuiticl ate ce, Gi ant ia folate aseiecet da wiaitn ih de iece aie 969 1918 GIAIASUt me tC Aime iaT CDA litany a islee ea ae so Slereie ean dts tae wlalele 4 969 1918 ° what orainance by board for improvement to contain........ 969 1919 : 969 1919 annual Fepalrecontrach DY sB.nP ol ass ss. 4 ae eas hee 1 989 1994 offenses connected therewith. See also Misdemeanors. Pes Ones ae OMMALOO ytiet toe ae bie dalek iad 18 Bh a e 82s 611 223 Bure IM Sarat es OTOL LOkOd gue at i sree do nese ev ok ds Ske ve fo8 612 224 carrying burning coal or brand, on..... OMS 8 athe Pcs we abegar a 612 227 obstructions—See Obstructions; Nuisance. PONS 4 OM Aereeler es ae arte ee tae st picls. eek dads tip ys Cin ve 708 638 not making sewer and gas connections before street improve- TCTITAL A earn eee ee ale ie oa Tle 22 gcd ols e's v0 0 oll ac alesse 757 898 1308 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. | index to State Laws for St. Louis, pp. 225-256. STREETS AND HIGHWAYS—(Offenses, etc.) Continued. cross-grade for alley disregarded: 7.03. wa eee misplacing *stop-cocks for gas or*®water..1..2....0 eee failure to fence excavations, or display danger signals—See EXLCAVATMONS 2 ote nicl SH lee pee Oe. Cen eee rubbish from burned buildings on sidewalk................ violation of regulations temporary occupation of highways.. disregarding regulations for planting shade trees.......... excavations—See Hacavations. barbed wire fences prohibited, penalty..................... driving on sidewalk, hitching to :trees, etc... ....2..25 4... es Vaults, extending’ \intosto. be sprovectedt. cet see ere ee openings in sidewalks, not observing regulations............ cellar doors and gratings to be closed and secure.......... disregarding regulations as to projecting signs, obstructions on sidewalks, merchandise or goods on sidewalk, etc.... same as to balconies, bay windows, etc...................+. fruit and candy stands interfering with traffic, etc.......... hoisting ‘merchandise over {highwWayssetG. 2m ae eee injuring public:property. on wiehwavys.. 7 oe ee ee defacing public property on highway, etc.................. coal and firewood not to be thrown on highway.............. obstruetine street by -vehiclés ?. ya ee ae eae eee spilling: stuff -from>wagons,-ete., 20nVsStreeL.. owe) a. eae same—owner as well as driver liable....................-. pouring or spilling certain liquids on certain streets........ oil drippings, liquids, etc., on certain streets............... filth; snow £andyaAce ron sews Vee cee oe es ae ees eee littering up streets with wire or waste materials........... no-advertisements to. .be* painted ON va Sig ctete oes rae peohetytone = a breaking jor: removing ‘danger Signals 10n 22295 ss ees eel trundling wheelbarrow or cart on sidewalk......:.......... general penalty for violating provisions of chapter on...... misdemeanors—See Misdemeanors. SUBPOENAS— right of, and effect of failure to obey, from Municipal Assembly, see Municipal Assembly. right of, in trial of suspended officers by Council, see Officers. hearing. before Board License (Revision... oe es oes ees SUITS—See Actions; Police Courts. SUNDA Y— keeping meat-shop open on, morning, see note to sec. 1475...... disturbance of worship on, by band of music, etc.......,........ hucksters, hawkers and peddlers not to sell on................ flags (not .to “fy,on public abnuildines fate, won ee eee toe ee iene a art ‘museum: Open -On .e. ee eee oe ee ey see ee SUPERINTENDENT— See under names of respective Institutions or Official Officers. SUPERVISOR OF CITY LIGHTING— 2 Rs OL OTE Oia NSO) £8 EP Ore eae owe Otek wh wie ppb nell wile & Lee ae PhO e OY 0) OD OL p's te A OO. OBC Vale) 428s ok. be re eS OP ee ee Be. Te) #40, "6! 68) a) 6) el. (6 Gp OU Ree Le LBS a) biel oN'p! 0° intsnlfer ie Nema aie ete duty of, to enforce gas contract with city to examine gas-pipe and public lamps to Lest, seal andistamp Basi metersaee. yan ae ee to require adjustment of incorrect registration of gas-meter... to record and report inspection of gas-meters to print time-tables for lighting gas ORR 6 Bie (0.81. (Pa) jana youle, os we io) see 9) @ Re! 6 16's: |0) 8) "ple 61 near erie, &) pa alle eta fevlh FP Be eet Se @ el tele es 2 fete l= 1015 2112 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1309 Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. {Index to State Laws for St. Lowis, pp. 225-256. SUPERVISOR OF CITY LIGHTING—Continued. PAGE. SEC. Rit Deas OF0 GOTBECUNGRE. OF \CLEVati Msn DLLIGs srectecsls cals ete 6 ou air okey. 8 636 344 WHEN tO. CULO Wh GlOQETiCs WIT Ot BUC a he win cer eee wis mins deel 789 1129 to have registry of authorized employes of companies, etc...... 790 1134 office of, qualifications, appointment of inspectors.............. 790 1139 SRIAT YEO MDOUE ROL Oe es ly Ser ree afartaaia so oe ate abel oiatel a ciate oes 791 1140 employes, appointment, salaries, duties, etC.............c eevee 791 1140 CU PLB Ope ae aie Tae ee tice be hits clotabe Siala: ten Beeb nck pamela =e 5S Oy 791 1141 has charge of all apparatus in lighting public buildings; cost, Don ETL See eee eee hee cre Pepe cud ahh ren te, vo cle ate eee Ries 4d 791 1142 undar: directions *Board,-Public: Improvements. oc sero. cd eee 191 1142 under control of Board of Public Improvements..............., 793 1155 to inspect all premises on which electrical energy.............. 191 11438 ireuer MeO WHOL SE LO COUITIEEC f Sea vile ote oie sie os Seer elo cee a ee se 8 aa ELA ae 792 1144 to remove wires where identification marks illegible........... 792 1145 when may remove dead or uncared-for wires.......... Pe oR eS 193 1151 to furnish own conveyanee, allowance therefor................ 793 1154 PRENOWOCOL | YF Lule bert Dera ra rales aialcue tite veh Mi ae, ovine die. ein Bele 793 1155 statement as to telephone poles and housetop wires............ 801 1189 SUPERVISOR OF PLUMBING— See Plumbers. new ordinance provisions respecting—See Appendix, Ord. eal) MP PERRO ORIN. «A tca 2 te aes WF SPR oso GanaRe «die atlas e\alale e/ut a 1150-1153 other ordinances affecting—See Plumbers. SUPPLIES AND SUPPLY DEPARTMENT— See Comissioner of Supplies. SURGERY—See Medicine and Surgery. SURVEYORS— See City Surveyors. SUSPENSION OF OFFICERS— See Officers; Mayor. SWILL AND SWILL-CARTS—See Garbage. SWIMMING— in Mississippi or other water in daytime is misdemeanor...... 870 RUB SWIMMING SCHOOLS OR BATHS— LICENSOR LAER rected lle Weer ePareioketcte hac crake ath fiat cePa lc ala ictal Bae ite ie 1099 2465 charges on certain days regulated, penalty..................... 1099 2466 waste OLLwater DVS DENSILY -!. . somes alee co a ote EP PO abba th Capt eM aet eAe 1099 2467 ae TANKS— See Water-Tanks. oil-tanks on vehicles—See Vehicles. TANNERY— PIOVIGION be CONGer ite tr tye erat Arde they tty ice tidy ety ie Vedictereiwieot stk ws 704 625-626 TAPS— See Water-Connections. TAX-BILLS— special—See Special Taz-Bills. TEDALE Ol seen teas eke Ora ti Wes RR See ee b hele dd Dnce ale aed 1056 2291 Comptroller to give Auditor statement of, turned over to Collector 1088 2423 depositeds Ive C omimiroller suGrce ssa rene echo ora dee eek on 1089 2427 TAXES— See Special Tax; Lien. city: tax l6ViedeannUe live eee eee ei ee fo aad wore es be Wale be 1013 2103 merchants’, and licenses—See Merchants’ Tax and License. on dogs—See Dogs. assessments and returns for—see Assessment of Property. by way of license—See Licenses. rapate) OF > aeac betta en ee eh Meas tits chloe ten tiehid Seep sat 1056 2291 1310 | INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 4638-542. | Index to State Laws for St. Louis, pp. 225-256. TEACHERS— to remove pupils having contagious disease.............ceeeees TELEGRAPH AND TELEPHONE COMPANIES— provisions affecting—See Electric Light and Power Companies. wires, tubes, cables, etc.—See Hlectric Wires, Tubes, 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. 10937 ee eee as ee ee electric—See Electric Wires, Tubes, Conduits, Cables and Poles. right of city to charge for poles—See note to Sec. 1093........ of Western Union and Postal Companies—See note to Sec. 1095.. when to be removed OR OO Fe O89) 9 6, 0,0 Ve, Te) Te: 0S ew fe Vale £0) 6).6) @)6, e616) 6 (0 070. be 6 ene eens 8) Oe) 8? @O 6 © 016 .0)'@ 01656 ‘e'\a1e).e 610 e to be placed in alleys, when practicable; procedure for deter- { Ub GS bat deans eA nr ADE er MPL ATL yen t A utah hcluy Sg i Pe GN! dimensions, construction; -lo¢ationyoL, eter. ea. eee 1 ; ( streets and alleys to be restored after erecting................. 1 control of city ‘over wirin2\.0on, location \Oly etc... ee { conditions” of/setting (of .cen sae ol ae ek eee ee eae Lee Board may direct alteration, change location, etc.............. { deposit to cover cost of restoring .paving disturbed by.......... use--of top cross-arnis: by -city:.-to) besaereed slows ee ee Sei oe article not construed as preventing city from altering ordinances companies to file acceptance of top cross-arms provision....... compensation»to city. for use’ of: streets Dye. ile We sie cs ee ole eee decisions on right of city to charge for use of streets by—See note :LOVSECL 1188 ee Nee a a alee take te aie cote te i ee ee statement by Supervisor as to housetop wires, and poles, etc.... Collector may examine company officers as to number os ree ote failure to pay amount due city for, penalty.............3...... injuring, “misdeMeanor sie ne dace cheats lace Salen oe ate aie ae ee vote sticking posters or advertisements on or aiding same, misde- MEADOM: Poe Sr eioks hein stare o Sate a wears tree re ot ete at ana, Cee ne Oem eae TELEGRAPH WIRES— See Electric Wires, Tubes, Conduits and Cables. TELEPHONE— wires and poles, etc.—See Electric Wires, Conduits, Tubes and Cables. wires and poles in streets, discussion—See note to Sec. 1093.... fixing: price of “Services 760 cCustomers. gene cies rete ena eee eee rates cannot be fixed by city—See note to Secs. 1195, p. 802, and 1093, p. 778. poles—See Telegraph and Telephone Poles. companies, conditions for using streets, etc...................- companies, percentages of gross receipts to city............... companiés, Comptroller may examine Dooks........5...,..:...... companies and officials refusing to pay percentage, misdemeanor TENEMENT HOUSE— See Buildings. term; defined, ineBullding Code. 27 wee ee ee ee ee term defined ingnuisance: article Wo ei eee a a ee { 778 785 802 _ 801 802 802 . 802 563 706 698 564 1114 1120 1121 1180 1122 1181 1123 1182 1124 1183 1179 1183 1124 1184 1185 1186 1187 1188 1189 1190 1191 1136 1590 11138 1195 1192 1192 1193 1194 61 629 594 63 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1311 Index to Scheme, pp. 279-286. Index to State Laws for St. Louis, pp. 225-256. TENEMENT HOUSE—Continued. PAGE. {index to Charter and Notes, pp. 463-542. SEC Breer 40a. pernmuttodnin ‘COnStPUCTION ova cs .icele se Ole Wea 568 75 CIICuNOSE.. Olu ne Wallac in Sci fee wees wees tee hy fe ee ee A 574 1038 ake : 575 107 DATEILION.S Walling litt oo nett, teak @ thie oa PAT ab Mee cl oes hays Cara y BR Wig { 575 108 UTG-StODSs IN Walls On. cater sie cotati ihe ta sept iueicee es tot Seales Dhee ntie 575 109 TOW DLGELOP OU an eater eee hae rice Oe cL Sor IU ake a ah 576 gts cat BUSLIP WUE x ate dah baie ide ale Cree eistt co. title Mabie aise Vee Lice cee oe 582 137 583 138 LS rs-Cheers Uieiowh LEIEM ee Sedat OP ata rasa eneh, ire lis aia ere ce arate: ace oom ae oan 596 189 597 190 Nealon eeat sToOOS- Sty Henits. «VONtliaAling: GUC! TH) ten cutest a ak a 598 194 sgl : 691 576 vaults, privies, CIOSOLEMLI Vober tera ae a eee eee eh ee ye ie ainsi oe a dae ee 1062 2213 STIS Ce CAT tiClOS CLONE iia hee uncle ec eect «mee a /etole AE me Ab a Rae { Bye ae A . 701 612 DRT MMREPRUISENCE TW NON Sov ce cc clk dah alah aria and dale on cciedialahey oes 706 629 PC ILIOT a wOPRCOUBSETUCEIOIY are tarclncn sheen she tn dial ve a ek ete ate eile tats 702 613 sewerage in—See Sewers. keeper or agent to give notice of contagious disease............ 736 804 sidewalks and gutters, etc., abutting, to be cleared of dirt, filth, IVC WA TLCE ACID Vay LT OU vial aaa: as oso) acca el ciate era aia) a bial ‘Siig: aoeua oeas 810 1234 Be easlone GUO LILA ills) TELMLALIONS. foal. ci leatae felt Ges ate tale oe tea 1063 2313 owners, etc., of, when may be compelled to take out water- } 4998 { 2463 PICRTIGOMTLOTISMGLUVilters src nba tsus aver vip cs needa oh ba ot & wc ack wa TE oc eae tes 2464 EE Reseach CNEL LIM Ree ne Mie gloat Glade, ata acy ein Welles ele ie. viele Wierd eis aielorelede 1103 2487 defined in water-license article............: BAGS tn ce inde eieia 1105 2490 THE REVISED CODE OF ST. LOUIS— See Revised Code. THEATRE— i MeANINSeOLeterMieine BuUldines COdGs ie ee. oh ew Pure ceed oases eee Bh a he PULLLGATI OR LUG URGE IT BE-ClASS wrtecbils acne te dia a setae sates , «lod aie eyo'e, mond wv a'e 968 1913 ink: Parks PWR OOULr Ola: Porte ie atte Cater e s tie dies os tle be sie eernieisle 984 1973, not to “ber PUrMISlSd DY TCILY SOI DIOVES cy foie ee os arele lewiele Va em is 984 1973 TRESPASS—See Misdemeanors. TRIAL OF OFFICERS ON CHARGES— See Officers. : 1314 INDEX TO REVISED CODE OR GENERAL ORDINANCES. / Index to Charter and Notes, pp. 463-542. | Iaes to Scheme, pp. 279-286. Index to State Laws for St. Louis, pp. 225-256. TRIALS IN POLICE COURTS— PAGE. SEC. See Police Courts. TRICYCLES— license stax: ON PH ATG ke Fuse ellie phe leee yeas oa ee aCe een en ea S33 1810 where license plate put, on (See end of section)............... 936 1810 TUBERCULOSIS— See Contagious or Infectious Diseases. TUBES— in streets—See Hlectric Wires, Tubes, Conduits and Cables. TURKEY—See Wild Turkey. TURPENTINE— PYTOVISIONSY COUCErN IN Sia. ye euce in we dee aes ohare ely Cree eee 613 234 TYPHOID FEVER— See Contagious or Infectious Diseases. TYPHUS FEVER— See Contagious or Infectious Diseases. ied! UNDERGROUND DISTRICT—See Electric Wires, Conduits, Cables, Etc. UNION MARKET—See Markets. UNITED STATES FLAG—See Flag. UNSAFE BUILDING— See Building. INT VACANCY— in office of Coroner failing to give epee Re ee ae) 9 BRE RANE 615 242 elections to fill—See Hlections. 902 1656 in.office Board’ Mullanphy HmigrantsPund.) 7 oe sence ame ween { 905 1672 results. if ‘officer’ changes ‘residence! from ecity cane es tet eres 908 1687 results. from,:absence, Without, leave. si sicctes octane siule te tare ope eke caer 908 1688 in -electiveoffice: how.) filled cies. ete ite tae tke cae eee ot oe 908 1689 decisions as to when, exists—See note to Sec. 1689............. 908 in elective office while officer under suspension................ 909 1694 ; pire 910 1703 IN /APPOINTIVES OLMCO Ma Ha cw oat sa el ohes rea al aaa on ee A ORI ere { 910 1704 by reason of non-attendance at meetings of Commissioners of Penal and: CharitablecInstitutions.2 07 cnc ee eee ee ee ee oe 915 1726 in office of Recorder of Deeds on failure to give bond......... 1003 2050 in office,of Collector. on failure: tov egive bondi... dus oss cue ees 1055 2289 VAGRANTS AND VAGRANCY— ordinances concerning, when and what unconstitutional—See note: to! Sec. 1632 Fhe aise es eelate ath ae a) coe he ea Wea Peay sie eee oe 896 definition.. off WhO. are > VASTANESH ys gan eels te wo crete te ate isin 895 1632 evidence‘admissible «on trialiiy he tee eee ee eee 897 1635 penalties for ‘Con vichion, teers etc accel ee ie eae ane anor ie go aie 897 1636 required "to .Zive DONG / When sie eatisie tae Gl iels aa as es a een 897 1636 VARNISH— boiling) regulations ys ian Wan ate ee Ee ee an ee ee 611 ya. VARNISH FACTORY— when “nuisances sets Ge Ge Pi ti eee I an a 700 605 VAULTS— 4 under7sidewalks, .how-;constructed.s e420 ssccee. ae eee ee 761 919 decisions:.on—-Note )to0) Sec: 91 Oy ae aie distoters are ae tee ee 761 constructing without permit, or contrary to regulations........ 762 920 under sidewalks, permission from Board Public Improvements. . 978 1933 extending into sidewalk or highway, to be covered............. 806 1212 privy—See Vaults, Privies and Water Closets. INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1315 Index to Scheme, pp. 279-286. {rae to Charter and Notes, pp. 463-542. Index to State Laws for St. Lowis, pp. 225-256. VAULTS, PRIVIES AND WATER CLOSETS— PAGE. SEC, SORUe. DLOVided Tore what sHilldines sin vege. ecu oe el 690 571 permitted to leak, overflow, stink, GUGy MIibneMmeaAnOT 0... . cate 691 572 DILVY Ua DsaL one emptied naliven vents tn melee | ok aoe gl Pe 691 573 691 574 WENA neee ee aia ee eee ee ee ae LUKR k aMle * 1) | 691 575 712 662 to be how constructed when inaccessible to sewer............ 691 575 inaccessible to sewer, to be emptied when full................ 691 575 LOL. bevconnected ewith=sewer? whens. 6. ee ei) 691 576 method of construction or connection with sewer.............. 692 577 reconstruction or connection, when and how required.......... { oa Be LOR Denemulied nalts cleaneds: WHEL Wt ott. dred eee hee as 692 579 ; 692 580 PAR EIeE Le CLOADING Mat ene oe als. gy nt coo Wy tal ay aaa ama 1 1050 9968 Cire POUCH BOLO. ETESPOCLI NS oc ae ak fae Ur ian eee ee eh 692 581 violation of cleaning and emptying sections.................... 692 582 Nidal OMmalticlenity S6nerdl. TODAY iets ce ek et ee en Le 693 583 abatement of nuisances of, how contracted’ for................. 712 662 Moar Opa ecoltuecontrol over methods etGon:. fone cane wae 1050 2268 DIGADIPN SCO mane reo PyOlLLe wees e ee pet Lae ra te acre cbety meg BYP 1050 2268 penalty wor non-observance: of provisions: } yo. Os fe Pes Ae ee 1050 2269 regulations as to connections of with sewers, depth of, ventila- PLO pei beri S TAOCALIONGOL MELG 5.154 4 ca ae Se Pe Pee 1062 2313 further regulations as to construction, tanks, etc....... ett 1063 2314 regulations for, in private lying-in institutions, hospitals, homes : for foundlings, ete.—See Ord. 22998, Appendix............. 1142 VAULT-CLEANERS— SRlONG COMCLCATIN VaAlllitves DTEVI OS CLG cigise 5 ater cain Os Shclbta Risty Salwleke’s 692 579 POO ITEC MCL NAVO wLICETISE Manin fos vitae oa eek tote «cit eas yaa ete 1050 2265 SHOUD EPOLsicenne: + COUDITIONS RLNGrEOle «4 healed nites 4a cara « 1050 2266 OT Le RTO COTECLLL LOTT Giaton sehes EM ere ure Tae dan hc Lalas aii mata tes Doce asian ils 1050 2267 E : , 1050 2269 VUEOLALION MEO LMS LOLCat mite Mes tor weet Set oi ope vet eats, cle aR RL Ie ig ea tals 693 583 VEGETABLES— INSPOCLLONS Ole cote eee aries, eee pee rae tees) Lddoe Shs it Sar ap Beis at wa’ 686 541 TAITICOG MeO Lame tht DOUL crete WE Rees Tt oe eR tea aie Ma erie bh meatal aisitle Wao atx 686 542 SeLLIN Ses POUlLOUnt cre weak cree stan teen e eae eater Eevee cake onc bBa hates ole oo. ate ts 687 543 CECAY CO, WHC Te DAIIBAROO Rei ele tla diy acy ac sig dbs rds wine Santee 5 lo ale as Meathos Ba 698 590 ALGO ORM AL lst Tice US UT (Leh vad ies Teche Baa. a) tio w! waa bel eke & eo era ope ek 853 1420 seizure of impure, unsound, etc., by Market-Master............ 856 1435 sale of in market-places outside of market-house............... 859 1450 Ofral (fronts NOLsto. cast avouu, Mmarket-NouseS ...o0 sacs > sees One ae 859 1456 Sold. Sos Mar cern a aw OTl al O Woah ace sects OMe bigats = ce a. ehe tess & hws ove 861 1468 Sold CUNOer VinkeaUSDOD VLICONKGs setts ads insite re Phd kets Seles 862 1473 certain perishable, sold at depots, etc., only in original pack- APRS eee ere nae famine fa Lk SR ee ey CILLA Gita sl BOO, cb 1 Mite Pie ain yo 864 1483 same—sold only at regular place of business.................. 864 1484 SamMme——saley Geel aco mrecel Vere. ae me se hie nerd ea headwaters ah 864 1485 same—penalty, not to apply to certain persons................ 864 1486 HUrchases Ole DV soupy Ve COLUIISSIONCL oh ay sale olen tents 0G on 1078 2376 VEHICLES— COLry itil NIST Ieee LOS Ly Ormrod Ce ULL ELON Eo etc eo oentae ds) 45.0 4 i Somat ots 552 22 NOt to Tun .OVerey ITS se epaAremmen GanlOSGs os 5c ken els oie ans ait mals eee aoe at fire ‘ADDATATUR DES TIP OLCOD WAY SOVEL. sctiniela sy sah se miele bow o aie Sates aa 1885 Health Department ambulances have right of way (Ord. 23068, too late for insertion). taking from shelter or shed or garage (Appendix, Ord. 227389, or Sec“SGGRs a4 eae eae Sees yin wie wees ALS Lelio Vases 1140 allowed to various officials in city service—See under names ‘ of such officials. 1316 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. | Indes to State Laws for St. Louis, pp. 225-256. for sale of milk and cream, provision respecting—See Milk. VEHICLES—Continued. PAGE. TL: garbage and swill carts, etc., how constructed.<:........... 0. 702 809 for’ .removaltof,; deadi-animalsr. vu ante eon ee cae 715 metallic license plates on, for garbage wagons................. 718 obstruction ‘of streets ty, ls. misdemeanor. os. .cL, eee ee 808 oil-wagons ‘and oil-tanks, “rezulavions sae tiene cane 809 automobilesor other vehicles, using Olige setae. a eel eee 809 carrying. ice-cream, ) TEZUIATIONS Fo) eer ee een ear eh ee 809 farmers’ wagons, space reserved at markets for............... 853 Market-Master to enforce order amongst, at markets........... 856 to be removed from/market-places, when. a.-e eos ue ee 859 at market-places, under supervision of Comptroller............ 861 automobiles, horseless vehicles, etc.—See Automobiles, Bicycles, etc. driving in; wrong direction’ on. Gar-tracka 2 een ee eee 961 street-cars—See Street Railway Cars. rules sof the) roads ese a ee aa ee ee 882 same—in! Parks ay sate oe aes ota Seemel Owsley tar ees) ee ce a SB right of way cf street-cars—See Street Railway Cars. spitting in “public, misdemeanor lw. aera ee ee te ee S8A hacks, carriages; cabs; ete., where, to, be located... ... snes ee 888 license for, of junk-shop dealers, etc.—See License. counterfeiting license-plates for—See Misdemeanors. belonging to city, or various departments thereof, how marked. | Ae of city or exempt from license tax, how to be marked.......... 936 not property marked, belonging to city, person in charge, guilty MISMEMEANON : - ease ale ac ate Wile meas orate yt AMMA Le ate Tey Che 912 Of PUDHG. porters not tobe wsed by. Others) 474-0 cre oan ee eee 33 93 license taxes on all private and public, exceptions............. 936 936 TESUIALTTONS LOT MIVOSs. ho eeers weak weno ean ene atte aetaca ame ae te ei 934 regulations inapplicable to, with rubber tires.................. 93 failure: to ‘pay license. “taxa doubled When ~.. ox... eee 935 failure to observe certain’ regulations, misdemeanor............ 935 inspectors (Of; Salaries, (duty icc ees ee ee eae ee eee 935 inspection, of; now Dy. bicenseColectlore si a. + aienieeer siete ape a 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, OXCOPTIONS 2 eas See Ge ea shee Puen Tecbrge ees Ghishaar 2 mCi oan ne nae eta 936 owners of, regulations as to making returns for license-taxes... 939 lights at night on, penalty for violations (section amended by Orda 22673—See Appendix. p- 11 SGmat ore ae eee 939 rates of) fare) for? hackney-carrlages we ae eal ee ei eeciete re 940 rates allowed ‘for tone-horse vehicle i) aii wise vinta eis elare si ne 940 rates: for.s DY «them QOUTs Pi hese cme te cette ieee ete me ear ele iene Pee ee 940 rates *fory whenvmay be: donbled.s. ase eseacie ate ee ee ee 940 rates [or, OMNIDUSES ei. a ss os 0 aa es A aaa re eet eee eee 940 rates: fon.furniture Cari sue ee lee re ee ae en ee ne 941 when and how rates for public, to be posted in................ 941 Violation, tor’ article> on, misdemeanor...a.0 0 os cia oe ae 941 refusal to carry passengers, or refusal to pay fare for, mis- GEMEAN OT, — GUC a s,s Race conta hic ated wie ce te, oetiat Seen eee teen ata em 941 when: deemed tobe hired ontcs 5.) hee. inch ee eter e nas ets eerie 941 license ‘to drive’ public, without, charzé, whens. /vn 548 46s 942 same—badze "and number to ,DeyWOrn lus ae sil bid © wie eh teres 942 same—-to ‘whom. applicables: Pik stiene coe ee ee rena eae 942 same—sprinkling carts and water wagons..............eeeee%- 942 produce’ wagons or farmers’), 6Xempt-. +5... «san ee 943 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1317 Index to Scheme, pp. 279-286. {ines to Charter and Notes, pp. 463-542. Index to State Laws for St. Louis, pp. 225-256. VEHICLES—Continued. PAGE. SEC. PUAIIUTE WREOUE LO. say cLLCOUHE dar lett o that oth hoa oe Oot ok Mate ee crate 943 1838 overcharging for use of cab, carriage, cabriolet, hack, etc., pen- QILY eee eae aaa ne Belts Sl METRE Mae are doh @ vat ahsote ble 943 1839 overcharging, no new jicense for five yearS.........ce-cscceees 943 1840 conviction for overcharge to be reported to Commissioner, exam- INALLOOMUCLOTO MAGUS sl IGOUBGe ot te rere ois aire cake eee 943 1841 officers conniving at overcharging for, misdemeanor.......... 943 1842 drivers of public, not to be away from conveyance, nor the stand PHOTELOIS NOTE bu MIO Peso. DOILG, (ORG ts vars ce aie yl etaedte wlan aa las 944 1843 hackney-carriage defined—See Appendix, Ord. 22899, pp......... 1154-1155 stands for certain kinds of, Police Commissioners to select.... 944 1844 Blaise Ore Witell ticle LOW | C@steTIALO cep aie cscs eaten ie aye oiariy res 944 1845 Police Commissioners to publish location of stands for........ 944 1846 Stands s1or .excluded, aromy certain ‘Streets suis eee eae. 945 1847 COMMSOLUE OT rat CELLALi It) LaCOS wis cis tie aati nc oheee ee icieice guises ee 945 1848 Bale eae mUCSIeNALOGs LOe DO OCCU D1C (icity cre cic occ Co cre rde nua dig carn etabe 945 1848 stands for vehicles for coal, wood, long feed, etc............... 945 1849 Hack. standsuLwhere,s reculations « CLG is os. Clee Bekok hee nee 945 1850 BIenOsemMalLLoiteOlL] Privates Premises ee ie 6 cid sw) vnc cio ten v opie elae we 46 1851 may delay street-cars, how long and when (clause 8).......... 950 1864 no, belonging to Street Commissioner or any other city officer, Biaiispemused Ee DY a TOM Ly ew OF ccryarat maine ais: sdelite se: betas aiaieyese 978 1948 : : ( 996 2018 TOP DOC MLEL LALO See ea eee ee es Ue eta a Sites he ee ae Batons betes 997 929 selling at public auction at horse-market ...... Pew ig eae ne ane Ae, ' ne ae Pentiatloussess.cO.. Of peddlers. ANG: MawkKerss).. 5. sa. es so esde coe 1042 2224 eM ee ERE) OVE Suey hei my iA ae ea i ee las peng liege JOB? Bae alsa gig had pov ees CE 1078 2380 in which certain goods, coal, hay, etc., to be sold, must have eR Ge TS th OMIA TE Pia ee ee ee IN EN ELE aera ty ‘ene’ uh glemaie he Mate lat o.4 1122 2565 Seine. certain things, how often welghed; Ct. 6. 10. cr Wieteles view o ee 2566 hauling certain things, police or private citizen may compel driver to have weighing done, false certificate, penalties, sale ote wason and contents to“ satisfy, fine, ete sn... tig ch aed he a3 1123 2567 drivers of, how to arrange bundles and packages required to Pim UT VECO MINY CLE DOTS cf ale civic clavctetare, eeu ete riphel acto Were a Siece e mlake 1127 2581 VENEREAL DISEASES—See Advertisements ; Misdemeanors. VENISON—See Game. DL CEs) oR Perse eo ging can an es 80 sais ae ots (3, 80bow We lapoele er st walle We 863 1481 VETERINARY SURGEONS— SP Syaleb pew araycer gt. PRS EES SCE UE ike eee ee ee ee IL SO ee OS, Pact ee aie me 683 524 ATG Wii VET Lm UIC LOS rma teen ola ci eiels sala ie de dla's ie x alate slerese. aise de as el's 683 524 TIT 0) me em et RE ear as ets NTs Sata nl ake ai WES) vies law ayers! # Oop eld wk Oi 683 525 AU bd CUO RSP ee eee to ie Ri es ih 8 Biers Gals 24 209 eee odes, ae 684 526 EAC ee ECR er EL ce ore tats te NG og Sa aivi'e is « nha ee hidisea ote 684 527 INS DOCU ONE COWSPOLESINGH OL CILY (DY 22 ocala st Pe Osi ite Vale geste ot 684 528 Bese Me LIE DOCEIOLISNED) Vikie cicie dr lac cis nce ata eke. ae Sos 6 & tela. gle pod a sl eleternr 684 528 to make report. of milk: of diseased COWS... ..... 5000. ces cee cane 684 529 LO EXER COWS Oter GOTT ONSGCOGITY 62 ce le bis sf olvsles cwledaces 734 791 VETO— of bills—See Ordinances. VITAL STATISTICS— See Births; Deaths. VITRIOL FACTORY— See Factory. WAGON— See Vehicles. WALLS— See Buildings; Theatre. 1318 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. | Index to State Laws for St. Louis, pp. 225-256. WAREHOUSE— PAGE. SEC. See Buildings. area load, permitted in “constructions wens cine tes ee ees 658 75 floors to; be: required) to: sustain’ what loadsi.: a: hoe 592 Lis privies, vaults! ‘and* water-closets in wrrwn ac ceeiect terete creda Pee ene 691 576 WARRANTS—See Auditor. arrest without—See Workhouse. DY. MMAV OT ah PGs he Ore st ccotu eo eegmae a eee = eee 867 1502 WASHINGTON UNIVERSITY— Department: of. .Museummole Hine -Arcsiessceirrcs ies fate eurtee ee rene 548 4 WATCHMEN— in ‘Building. Commissioner's -Department. \4oce eee eee eee { bee Hh in hotels and lodging-houses to guard against fire............. 597 191 in hotels, etc., neglecting duty, misdemeanor.................- 597 192 in Fire Department f 625 285 SPO ets ome Meus PPIs ary shila oes 4 Ree aD AL) fy 1 625 287 for’ SCAVENGED “AUMPS) oo cick) ae Sinks Soe er akede etal ee Ree na ae eee 657 407 in: Health’ Department) salaries; ta: sch sae aes cas ae eae 750 872 private, how licensed, conditions of employment................ 912 Iai at steam railroad, crossings; trequired oes vere ieee ce eae 946 1852 for-dump.DOAaAtS ete CAR ere. ale alle ene caine CoP Ma Seat ah Sonta es we tes sy en aE 984 1968 night, ‘on. NALTDOT-DOa woe Peon Clee taker iewee ae ee eek a ne ee ee 994 2013 in) Recorder vor Deeds sOTnce.. as oi are pe ene eee ae ee eT ee 1003 2054 WATER— 697 589 filthy,ow hen wnvisance wy seek che ce cica re ta « eeet eemeen cen ana et ean 702 616 703 617 See Nuisance ; Sewers. seepage or leakage from defective drains or pipes.............. 702 615 ponds—See Nuisance. for street-sprinkling—See Street-Sprinkling. 856 1437 BAL MATOS asia sp hvala vale ns otto it of he fe neta Me ate to aawale atid oe ect et { 858 1448 rates and licenses for—See Water Rates and License. collection of revenue—See Assessor and Collector of Water Rates. 2462 use of city water, when compulsory, procedure, license when 1098 | 2403 SANICATY MCASUTO Is. ¢ ctscc sie clelotle Cebit s a reiete te eee ak ena aene ance esa 2464 st 2474 abuse of: water: privileges, penalty) ete es nn, cae oe ee ee eee 1101 9475 use of, without license, throwing matter in reservoirs, opening DIU; "PIPSS, POCORN a Ota recsienecade anet ctahe Dus eters hele caer iene hy Ree ee ee 1101 2475 1102 2482 may. be shut ofsfor whatand) by whonk, vo 1c. ik ote eee 1108 2510 1109 25138 same—decisions as to—See note to Sec. 2482..............0c000e 1102 procuring, after pipershut off, misdemeanoran.. onc ee eee eae 1102 2483 rates: for, the Us6) OL, CILY awWaler ne aes ce oaerci el oer ete a ee 1103 2487 rates for) Meter-Use ‘OLS Waters cs el ce es ct eete ch aire oleae eee 1104 2488 connecticns—See Water Connections. WATER BONDS— See Bonds (of City). WATER COMMISSIONER— , AUS 4 ; f 620 271 powers) respecting drinkin&= Tountainssew ss). oa ae a ee ee 1 620 273 appointed } by, Mayors cee tawny eee gn creel), tea Ol a 868 1509 permit from, for sewer and water connection................... 930 1798 when assistant may act for, on Board Public Improvements.... 967 1909 letting of work or supplies for water-works by................ 981 1957 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1319 v Index to Scheme, pp. 279-286. {inaes to Charter and Notes, pp. 463-542. Index to State Laws for St. Lowis, pp. 225-256. WATER COMMISSIONER—Continued. PAGE. SEC. Mea Ol. WALGhe DGUaATEIIGH TA atin rig Uae Lie tiie oh cue ie ese ehkee «Bete 981 1958 Tunlinoqationssand dulled I OP ONGTAle Ge ae e waneey ois ce sid Wee oh siete 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............... 982 1960 employes for Water-Works Electric Plant and Railway, salary.. 982 1961 DGTHG ANC MOUSE VS OL etate a eters as ote had a) clues a iik Gre vaca aa as 982 1963 BALA UVa Tite Ole Ole ioe ree mere re tte sc hiccnie s, ain tar cdy aiainatced oodles 990 1998 Salar ven DOUUs OL Assi scaD e LOL ied taia clodyticu ist Gisks Win ulne ed 990 2001 salary and ‘bond chief mechanical engineer...........:......2.. 990 2001 salaries of Water Department employes................ceceeees 991 2005 salaries of employes in Water Distribution Department......... 991 2006 Salaries, of Inecercanid, tap) SY Stell EMDIOVES 4%, 2/5.) e:eutlo'wiele eusiaes vie a 992 2007 salaries of employes of Inspection Department.................. 992 2008 salaries of employes of Purifying and Supply System.......... 992 2009 salaries of employes of High and Low Service Engines Depart- BUNGLE tes tey hohe che ext cease ale tine katate cia eile diel iveiar erate ad eB Mane El pitas elem 993 2010 1102 2482 WiLell: MAY AciLy OL water Supply frOM Users. 2.0. deel eles { 1102 2483 authorized make connections with Jefferson Barracks.......... 1107 2501 1107 2505 grants permit for attachments to water-works pipes, when..... to to 1108 2508 MUAL SUIS Alinta ps wDCLOMSSLOM: TFOM) CLCiad. Gee wine a cle’ ciate hk 1108 2509 service pipes needing repairing, duties, notice, etc............. 1108 2510 RPE ILOUEL Vin WLPOTI © ODS LIC Oly) CO DS ce a.0t sic eateries iwipiae 8 cet aeals We acd tip bod THOS ee. 2HLL may grant special permits as to service-pipes, etc.............. 1109 2514 WATER-CONNECTIONS— See Pipes; Sewers. to be made in advance of street construction................2000- 757 898 excavations for service pipes not kept open over night......... 762 922 water stop-cocks, penalty for improper placing................. 812 1244 under supervision of Supervisor of Plumbing................... 927 1793 mor; permrtedeplumbers, unless What... oh 6 Fate alee sees. 929 AW aS i cannot be made without permits (see also below).............. aes yea B. P. I. to recommend and prepare ordinances for.............. 961 1913 INiiinemele. eCity. Opening Stop COCK, Plus,’ CUC., 269s sche 5 sess 1101 2475 (1102 2481 , 4102 2482 when and for what and by whom may be shut off.............. 1 1102 9483 (1109 2518 HOW ASLO DOs mite DEO EH. OL TORTICOTISG. «oi ie u/s! cea nin’ que miele eratels 1105 2491 Witt) CLlOreOlmra racks OLG.o AULNOPIZEG|s sieve ccs lo't ones, esis wlelslale ers 1107 2501 persons making, with pipes of water-works, or altering or repair- A TUmeGL IR POCA ECMe ats eas, ste Peo ccahehs vonke. WFC .g's Gio eda as 1107 2504 HPONGEUdaplUMEES CO, DLrOCUTG PeLMIt s,s lee als oe we eipiees ow ebeisle 1107 2505 application for permit, how made.......... ccc ceeeerrrececcees 1107 2506 permits for, or alteration, repair, etc. city water pipes, cer- tificates required from whom, when issued................-- 1108 2507 SANG EEO P IBS CU el tube eis, oo vcs aisere Mibib lene le a elale ele asl eles 1108 2508 taps must be furnished by Water Commissioner, what tapping DELIIILLCO rea tee ales ails eee sn eisleie beieG g oS erale i actled bie vile ie 1108 2509 service pipe, repair needed, failure to repair, water shut off, (1108 2510 cost how. paid, penalty for failure.............eeeesecesees 1109 2513 taps, regulations, when main pipe to be plugged..............- 1108 2511 notice of price of taps to Comptroller: and ‘Auditor. ..0. 2... vs0.s 1109 2512 when attachments may be cut off from main pipe............. 1109 2513 service pipe regulations, how laid, material, etC.............+- 1109 2514 Sizes Of TRUS, Otis oo op a ites ee mittee See rece vee tes ns ap eae 1109 2514 service pipe regulations, permits from Commissioner, etc...... 1109 2514 stop-cocks, how made, where placed, regulations, service pipes.. 1110 2515 INDEX TO REVISED CODE OR GENERAL ORDINANCES. dex to Scheme, pp. 279-286. {ines to Charter and Notes, pp. 463-542. In Index to State Laws for St. Louwis, pp. 225-256. WATER COMMISSIONER—Continued. PAGE. street-washers, regulations, stop-box and box..................-. fA la fa 8 service pipe for building purposes, regulation.................-. Tite service -DIPES: SLOD: DOXES ON ‘ora e.2 i tciihons ernie tctenat cae goa te eee ere 1111 SUPDIY-Dipe:. StOD COCKS On. WHEre os ana meester er ree et ee a Dy Be new plumbing work tested, plumber to shut off water.......... Tia plumbing work comply with regulations, to be approved by Supervisor“ oL* Plumbing sce wee ete tick oie eter eee) eee vig fe la | for elevators and other large connections, regulations.......... Litt forfire ‘purposes;) must Nave; Metervey . yeas ei ss wise sun nates eneenteee nM Nal | same—must have valve, seal, etc., regulations................. 1112 stand-pipes, Same, TeZulationss tie wetsuits ts siceetecs: stein pete een eee 1112 plumbers: to..make “weekly retvurms.=).22 05-22) asa + ere ore alee hee 1112 plumbers’ names not to be permitted to be used by others...... 1112 permit for tap not issued while fine unpaid or bond not renewed 1112 general penalty for -violation.of chapter. ONs............5.-s.~+s 1112 WATER-CRAFT— See Boats; Wharf. WATER-CLOSETS— See Vaults, Privies and Water-Closets. WATER DEPARTMENT— See Water Commissioner; Water-Works; Assessor and Collector of Water Rates; Water Rates. WATER LICENSE— See Water Rates and Licenses. WATER-PIPES— See Pipes; Buildings; 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 22.008 hic, coc rere ett Sete ane et 1097 proceeds and moneys from, when and where deposited......... 1097 water-license .blanks;; how} signed, eles: . 3... oe eee meee E 1097 license for, from city, when compulsory as sanitary measure, 1099 PTOCeed INS Wire es eres ata a ce geet aN ee ee ee for swimming Dathsor/-scnoo0ls. sy ius ee ee 1099 decisions as to, rights of consumers, when payment of rates is held to be under duress, threats of shutting off supply, etc. —See note toxvArt-srotiCnap! 3823. eevee ee eee cee 1099 issued by. Assessor; “how paids: term of .i9 on. wee eee 1100 licenses; ilo: SpeCi£y: (WHAT WA. eresaie clecns, 2 Seals vues tote eT a ee ee 1100 division of city into districts, term may be shortened.......... 1100 rebate: on removal owhen allowed << .. (00.5... eee a ae ee 1100 rebate in* case. of sre: on premises: 2.) fave tteece eck atns aera eiatees 1100 use. of “water by -Fires Department... vc <.ssels deloleir chee eee ee 1100 abuse, of water license privileges, penalty, duty of police....... 1101 no license except for enclosed premises, right to shut off...... 1101 license to storekeeper, when, from common hydrant............ 1101 residents where water-pipe not laid, when licensed, how....... 1101 when: license,may /bel withheld’ sn.t es eee pies fee ee 1101 when license to be taken for all purposes................0e00- 1101 same—when for certain uses and used for others, revocation... 1102 water shut off for non-payment of license or waste of water.... 1102 when used for building purposes, same as ordinary license.... 1102 yearly rates for use of water in respective buildings enumerated 1103 meter. rates “for: use. OF Water ao cc gee eit ate aie bas eel states fateh cone ane 1104 méter rates, , fractional Varies sae aclerssclo eee cesash ere wie tUnes phe. uate ste oalat eae 1105 SEC. 2516 2517 2519 2518 2520 2521 2522 2522 2523 2524 2524 2525 2526 2527 2456 2457 2459 2462 2463 2464 2465 | to 2467 2468 2469 2470 2471 2472 2473 2474 2476 2477 2478 2479 2480 2481 2482 2486 2487 2488 2489 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1321 Index to Scheme, pp. 279-286. Index to Charter and Notes, pp. 463-542. | Index to State Laws for St. Louis, pp. 225-256. WATER RATES AND LICENSE—Continued. PAGE. SEC, NOW HLOD-DOS PLM DORON OY NO dG IEBNEG ys bt 47 no eine oe be 1105 2491 AEE LION paOned cy all OLOeOTiarr se mckede nie oie cusrttsle cis UA Alans noate 1105 2492 Dresent- schedile | when’ SOCEAIN LO SIOCE co as so xtey is w/e ow) tp ace © mn, 6,08: 1105 2493 MGlETS WNAY 6s DIOCEd at DUDUG INSTIVIITIONG ss ves ce tose neh Siok san 1106 2494 where meter used, only one connection with main allowed...... 1106 2495 hospitals, orphan asylums and charitable institutions pay half DECC LO ts i ee aa ie eee eh nde ated Peat n eeatetaid Die dye ele caieia 4.4 OY 1106 2496 WELOtE Ate eLOLeDUDLICaRC LOO a uaaihn i atid sic .2 diene as rater sade skedele eye 1106 2497 TTCOCW AUT OTe DULG WALLIS He wate al atita) alerere he ie lk wale ere e te OCU a Spa { aay meters to be furnished by Board Public Improvements to con- PU TME CRE CUE Cs DAO VECLLY oe ect aik te tec rants woety ate 2b, 0 lara Qieiwe shin! ojos 1106 2498 MELEE a ier MT OVELTEIIECN Gade ceancrstc civic cpntv eee nik ane Barer dese Katyae le allot b inns 1106 2499 Baie Tele TS Ate a CLLOrsON. 7. Dal LACKS os ce cieleisiéicieis sms ta eit ale my aig eet 1106 2500 same—connections by Water Commissioner.............ceeeeees 1107 2501 Bette “TESOL VALIONAOLS CLC ULSEOY (CILY mics vices eo ets ab cehe oo is sm we sis 378 1107 2502 violation of article, general penalty... .......csceeeee Sa Oe Oe 1107 2503 WATERLOO-CARONDELET TURNPIKE AND FERRY CO.— See Ferries. WATER-TANKS— POT MCLNUL TAC Sete etme ee ae Lie as (cao Gate aks, aceubse ere k, we Ses wae vl eee 580 124 PRMCOUNOCLIONS WILL WALGr CLOSOUS s chi-a.h fue cada ache toh wltpi elevates es 1064 2314 WATER-WORKS— when work for, and supplies to be let like other public work.... 981 1957 construction of contract for—See note to Sec. 1957............. 981 POCOMOLLV Os LOT, USO TOlS eee eae bon chek ieee 5 Denes Re Toles tia? cocseta sacs 982 1962 injuring property of, or throwing matter into reservoir, wasting PLOT CLC ace oe eine NTL et Re tte revue ey ater anuie Ie Wek Att aud drare oiscope 1101 2475 revenue from—See Water Rates and Licenses. attachments with pipes of, or repairing, etc—See Water Con- nections. bonds of and for—See Bonds (of City), ete. WEAPONS—See Concealed Weapons; Firearms. WEEDS— WIGNGH UISAUCR Se Fe ah estas a Rae erate a Rk ae Cb eek be ot Nis 703 619 weed ordinance sustained—Note to Sec. 619.................226. 703 620 rérulations concerning waroges. cet es ss a RAs cae VE Per rca @ Reagan AS 4 703 to 622 faPerabelers Cue ey er ee ere a Wed sae or OR Mie EE ORs Lear cr A aNe Sema ayes ae oe i PP 703 623 street commissioner to remove from city property.............. 704 624 WEIGHERS— Rede by ( 68 S20 of ‘hay. and. steve, coal welzhinag Nrewood te cs ois Ste es fee e's edinte 1 633 296 MarketsMasteare atemarkets. £0.00) SOLE. Ss. ioe se us ces bee > ke wns 857 1439 ‘ 868 1509 off scalese AD DOLULOGeDY 2 MAY OF ors siete ee es eG inl Sie leiare os, vot baled {1119 9555 to have scales, measures, etc., tested, penalty for failure....... ee, abe OL, SCHlOS + Leriia es PONGS- Sst lo Pier er seats thie ccereayeRwbidls Zit awa s eon e's 1119 2555 COMPELOLIG WE LOU N Ter we lO OURO: Gree ee oe dis te Wik cod. v sesiadeternieia’ se oe 8 1120 2556 AUD OTIZE UU Dieta V Ge aes od oy Se a hi ats, hale oo kerk es Biers 1120 2557 of private scales, how appointed, regulations, blanks, tickets, DOMGSA GE: hares ae Ree eres teeta ote acre Ghee Marek eee Ne 1120 2558 HOOKS OLA ONSIUO: INBUOCt LON earner ile stsins accede oe ks b ivualh oe te 1120 2558 of scales, certain assistants, appointment, salary................ 1120 2559 responsible for assistants.......... NRE TTT AE he cea sor oe nettetn os 1121 2560 certain Market-Masters. to act as....... RATA A sho ciate Cer aa ieae elton sh the ol wo ahs Ga 37 346 western boundary line of, see note to sec. 346.................. 637 Gistanters BU Ge OLUIN ALCS ore A peta cssiotes cle'a V eccke chee skeet Pe nseletn 638 347 POUNCE BLO POCSIL TN Aer me rater a ar siarens al ther ox tay Penmrtee Sheahan at ee ty cle et 638 348 DOG itis A DEMO Coa te OU ae week eek eh eteg ol he eed av cl ae ee a eats does Atay se dd 643 349 TEMOVAl OL DIFICIN eS seOr ScrUCCUTeSs NDE YONG cn. chetcs) ose ciel te ste ghar ees els 643 350 repeal of former ordinances defining line of................... 643 351 WALELLCIALEN WiLG CE BLO UT OO Tas Srerreeterte ticrci tie Gi oh te ta tate as a hte kop afovaias: « 643 352 water craft, may be required. to move...............+..ss00s. { a ste boats at—See Boats. commissioner ser aparL) landings OL DOaAts Ate. Pande sew seine es «s 645 359 TOLUIALION Sr Orso Vals OL CDTOPOLey SEPOIl 1 ists cas ae Gin wie care esse, e o 645 360 removals from wharf, how effected and by whom................ 645 361 proceedings to sell goods which obstruct wharf................ 646 363 OXCAVALION Sar MEECOUTOLLOO RAs tetne Ata tater tte ale a aicraletalace’s ae cious 6 648 369 TODALT” OL DAVE eC BO eels Aaariiis a baneee cigte ts bead a ecass Ks 0\e'e ahors Wi0hs 648 370 penalty for violations of regulations respecting................ 648 ya TOPOL, CLACOMMM pS ON GlrOlLsDersOrie .USINS sides c's vide ojeta sale a tay eet 649 RYE wharfage at—See Wharfage. landing places at, for coal, stone, sand, etc., may be let......... 650 378 ‘ } : 650 379 letting or leasing out unimproved parts Of.............+seeeee- 652 389 renting, temporarily, When DeTMITled som, ec nw wins ale ie ewer ewes 651 380 decisions as to leasing out, etc., note to sec. 379........--.20 eee 651 procedure in renting or leasing unimproved.............-.++-- 642 383 duntiage ~ DORIMORRy Aly a6 en, wile els cise tence ces aeaneaees 651 381 Skids On Pee te eee ete Ecler > uccte’ohs cas cee als aes 651 381 1324 INDEX TO REVISED CODE OR GENERAL ORDINANCES. Index to Scheme, pp. 279-286. {ines to Charter and Notes, pp. 463-542. Index to State Laws for St. Louis, pp. 225-256. WHARF—Continued. wharfboats at—See Wharfboats. landings, docks, etc., at employment of additional help to keep clean ferries at—See Ferries. opening, widening, condemning, etc proceedings in opening, etc.—See Streets and Highways. improvement for, ordinance prepared by B. P. I duties and powers of Harbor and Wharf Com’r as to WHARFAGE— on Jumber and-logs. brought \intratts 27. en ee es eee ee ONL TIPO WOOK oe ara tears bees reek ale ala ea UTE rc age Se ee on frewood;:' rates#:for. i eae is cienitte las ook oie arene entice eke cee failure: to... pay-—+penaltyer wick 5 et ona erat eee districts for receiving, measuring and collecting, on cord-wood.. deputy commissioner to act as woodmaster...............eeee% duties of Harbor and Wharf Com’r in collection of............ WHARF-BOATS— at’ landings on whart sisi sates Gilet re eke ee ant oe ee DOW! FOr ere es es te aad ee ee es Dee AE ee Piet, See ea license- for, “how ObtaIneds.e x. casa «eek aces oe eeaea terete eee ee storage or forwarding charges prohibited to..................2.. NOW: ;TASteNed sie EA Sacks Soham hw see aie be ee lhe eae eee eS es bargesimay have privileges: of.) 22 ee ee ee ee ee rental } TALES LOTS A, REA shtecstetede ener af rere leven citer atte vaca eae aes shall) notvaffect!whartagze: Tatess iar ie one ass soaee te Oe ere ee eee tobe: ‘connected “with wharteDy sta cess oc.cs sk mene eee eee removal of—failure to comply with chapter..................-. unpaidirent: for’ Drivileses MOS Ute wiva wei andss ome Moores See eet ene Violating: article, ‘respecting epee cactkas cite vs lols sacntecsiedh la Freee eae ie tene neces certainmvordinances | LoOuber posted sOMiies iwc ces a cote cance eee eee WHEAT— HOW SSO eth ei eae ceca ee Ac ane ee eR a) ana ered ec ee eee WHEELBARROW— trundling. off on’ sidewalk.) misdemeanGiwsr ace ie wn.c eee public-sporters not: to permitt others 10 users see cic ce eee ce WHISTLES— blowing, misdemeanor, when—See Misdemeanors. OLe LPATITOB EST eee Ee Pe ele cate oP Re ees eS eee amen at arer ratte WHOOPING COUGH— See Contagious or Infectious Diseases. WIGGINS FERRY COMPANY— See Ferries. WILD TURKEY— Bale vOLy Ae ea: DEP ee Oe re hee 8 in oo Spice oe OE ee UP WINDOWS— ; bay or oriel—See Buildings. in hotels, apartment houses, etc.—See Buildings. WIND-PRESSURE ON BUILDINGS— See Buildings. 9) O18 8S BO 60 R Oe: 010) 26) OD. 6 le BO we, 9% e 6) 6 0) 0) 6) 6.0010) eo a rele, eevee ee ee ese ee eevee cee ee ee eee ee eee ee eee eee eevee eevee ee eee eee eee SEC. 382 411 877 1964 1913 1964 374 376 377 375 376 393 395 397 397 317 393 394 1964 378 382 378 382 384 384 385 386 a87 388 388 389 390 391 392 1601 2549 1245 1809 1857 1481 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1325 v Index to Scheme, pp. 279-286. {ince to Charter and Notes, pp. 463-542. Index to State Laws for St. Lowis, pp. 225-256. WIRES, ETC.— PAGE. SEC. for electric, etc., purposes—See Electric Wires, Tubes, Conduits and Cables. WITNESSES—See Fees and Rates; Police Courts; Subpoenas; Mu- nicipal Assembly. WwooD— See Buildings; Fire-Wood; Wharfage. WOODEN BUILDINGS—See Buildings. WOOD-YARD—See Firewood. WORK-HOUSE— See Police Courts. imprisonment in, when lawful—See decisions in note to sec. 1265 816 removar.co, by clerk, om failure’ to pay fines, etc... v.60 oo. ew es, 821 1273 imprisonment in, for failure to pay Police Court fines, ete...... 829 1308 return to Police Court from, of persons appealing............... 829 1309 BOnVOVANCOMOLE DLISONere |: COs 1 OWis cla tak arctic cles. cic toiele ea eid le cde 831 1316 Superintendent appointed by Mayor................ Shee cane: Weare 868 1509 decisions concerning—See note to Chap. 21......... ccccce cece wis ee. UL OLE EMM Rte ar PTE ett Lich car” Di ated uy grimace cnet oun ag ile he udlicien Mera ceed ue 1g 918 1742 Superintendent of—See Work-House Superintendent. prisoners at, duties of Superintendent respecting............... 918 1743 POCO MmULr LLSOUOLGE AU sere ch, Chad ware iarin dew etre, ies Wee ine eae teal te 919 1744 TeCcOrd more days OLAWOLReDY >fortensee Placeve caer se meee crn et ys Forest 1170 Main 1805 Julius Lesser’ s...%% 112 S. Main Street...... 4615 Lindell Blvd......|}. Prana a toe e te aie Forest 2388 Main 826 weiGeoOl) CL ODiInd ese. teieke 820 .N. Broadway... « 2924A Palm Street..... Central 2137 Tyler 247 Main 2630 .../W. A. Moellman....|812 N. 4th Street......./2355 Louisiana Ave..../Central 2386 Grand 2265 Main 5400 ..|\Saunders Norvell....j/4th and Washington Av/5337 Cabanne Avenue../Central 3240 Forest 3268 Tyler 394 ..../John J. O’Brien. Be ota and Mullanphy Sts.|5229 Maple Avenue...../Central 332 Forest 291 siaidhetetaus teehee Albert R. Thomson..|616 Fullerton Building..|}2226 Sullivan Avenue...|Central 5274 Central 8739L Main 2144 .../Hamilton A. Forman|7th and Locust Streets..|;Grand Avenue Hotel...|Central 6562 | Lindell 17 ISAAC CONRAN, JAMES T. BRENNAN, Speaker Pro Tem. HOUSE OF DELEGATES— OFFICERS. DANIEL E. NAUGHTON, Assistant Clerk. Speaker. THOMAS J. LEONARD, Clerk. WM. P. BRADY, Sergeant-at-Arms. DANIEL A, CORBETT, Page. Bell Ward i a Telephone. o «ly whee wale, ‘ot Tyler 29625 ee ler 2950L 2) erie, ‘ein few ei ele, Olive 1532 Main 4784 Sidney 1586L.. South 463. Sidney 2668 South 221 Bomont 381.. COHDNAMATMAR OD BP 10 aba 12 13 Grand 2705 .. 14}.. 15 16||.. 17 |\Tyler 946 ... 18)\/Tyler 861 .. 19 [Main 1851.. 20 |\Tyler 785.. 21 Be 8 © pyelets 296, Bomont) 26155. Lindell 4644. Grand 201. Grand 364. Main 3777. Sidney 2302R Main 2767. Lindell 448. Jlive oite Main 2388 Fiche 22 | 3 -jJohn Golden ../Alexander Bourg .. .|Charles Sachse . Edwin J. Paule... . (Fred W. Tirre NAME. &. W. Priesmeyer .. Ferd. Warner James Gallagher ... ip) ob) eB 6 eee ee ee Isaac Conran sexsi: 1a) s Charles Troll Joseph Schell Frank N. Simmons.. ww 2) @40 Le vs CN ite ke George T. Kollas.... Fred Wiedmer Mathew J. Tobin . Wm. J. Brennan.... Frank Weeke 4 Herman Gevers ... S. 6. Stannard evra sohnn J. O7, Brien sri. Wm. H. Langdale .. -|frank Hussey John P. Wollett eorveee seeee Herman W. Fay ... James F. Connell ... jas. “Brennan... jVineent McShane... Dwight F. Davis.... a LO oats ..|402 .|2348 VAX al | | RESIDENCE. 5605 Talcott Avenue.. 3607 N. 9th Street... 1401 N. 10th Street.. 815 N. 9th Street.... 820 Walnut Street.. 2nd Street.... 1301 S. Broadway... 1820 Menard Street.. 2881 S. 7th Street.. 3636a S. Jefferson Av W. Schirmer. 2131 Russell Avenue 2618 Kads Avenue. Adams Street. Franklin Ave. N. 14th Street.. Benton Street. N. 14th Street. N. Grand Ave. N. Jefferson Av 1510 1910 2221 4210 1521 8516 Lawton Ave../3516 Lawton Ave. ..} .. 3903a Folsom Ave. .|Am. Tobacco Co. 3972 Morgan Street./Waters-Pierce Oil Colcen. 4041 Baston Avenue/4041 Easton Avenue|/Delmar .-17704 Ivory OFFICE. 5200 McKissock Ave. 2523 N. Broadway. I3t7 wN:s Broadway... 815 N. 9th Street... 813 Walnut Street.. (O01 9S.. 2nds street icc 1301 S. Broadway.. 1820 Menard Street. 2881 S. Tth Street.. Foot of Osceola and Texas. cee ew eee 202 N. 10th Street.. |214 Chamber of Com 2216 Clark Avenue. | Kinloch Telephone. Central 9557L Cen. 4071 Cen. 9556L S66 \e. 6.) 6/e ieee 98001. Central 2201L re Victor 907 ‘eee 4670 Cen. 888 Cen. 6101 Victor 540L Cen. 3192R 1510 Franklin Ave.j|cen. 4296 Military Hall, 2400 Ne ath Street. Cen. 2550 Cen. 1543 iF 2308 Cass Avenue. ACE: 5954 2621 N. 14th Street. "Cen. 5944 3rd and Pine Sts. 2625 Cass Avenue. .[1111 N. Compton Av.|/2315 Olive Street.. eV TCLOL 3904 Hartford Street|222 Walnut Street 545 2642 5142 Wells Avenue./315-316 Fullertonbld|Cen. 4523 388 Westmoreland PI1./319 N. 4th Street..|.. ow by eS 0 10, ep 06 BOARDS OF PUBLIC IMPROVEMENTS. De a BOARD OF PUBLIC IMPROVEMENTS. 1877-1879. TNT Fe i ye eee tel cad aia! eee ae! ele a elWle ke ata Ve we eee ee President. CSET Ney ee Ea Tee og folie se nn s iss. aceie ie bee see Street Conimissioner, ASLO my Oy Re Heh BGS Met ek hy OR Aner eee ae Water Commissioner. TG VLD Cee a OR Lo eG 6 ne ne aoe a Sewer Commissioner. +JAMES C. MOORE , | [ ps Nees *OHARLES PREIPFER foot HWarbor and Wharf Commissioner. Be eB re clea de iclais edie eo eiein He die eee os Park Commissioner. . Emory S. Foster, Secretary. tResigned July 10, 1878. *Qualified July 11, 1878. 1879-1883. Eater a oe te re re elie ocd lg dacdls eleteleje svcd dus eces sence President. OPEL CO MER ee ae i eh icland ciclo css fare sae aiele ee ees Street Commissioner. SE PE bere Peet ee a eee eT chars, ake lea: Hdd wiefalsle se ee Se 0 we Water Commissioner. Aare een ty che w ain hae wk dib’s. © Sewer Commissioner. T CHARGES Pe) Bere Boat a es ete whee Shee aoe aps Harbor and Wharf Commissioner. YE TER OSM DIENT EEG Ol Wile 1 een fa OA Oe a ee ee SE Ce a Park Commissioner. Emory 8S. Foster, Secretary. fResigned April 30, 1881. *Qualified May 3, 1881. *Died Feb. 17, 1883. 1883-1887. ELSE DE Re Pee ey ae erm en sr, oY 6 al ale aie Sob lw oh ele Bae eae ewe President. ch OD Pe Vie PCN ip Lea cde ie Ae ek kai So ew uel Street Commissioner. THOS 7 5eee WV ELUT AINe eh Be ccae ons Perc aed ain Gs si tier vale et obit 6 sedan lo: 8 Water Commissioner. FO) B Bee td ee Pe etc re Soh IU ce S20 og care! poles wes Sewer Commissioner. J OTT N VALE CL eee paren ere ee ene Ne TR ce a sa Harbor and Wharf Commissioner. ELS GEEIN is Wr ta ae ee ee ca. Gtk dia ace-wente Wie ee oe Ge Park Commissioner. Emory S. Foster, Secretary. 1887-1891. *HENRY FLAD, era +GEORGE BURNET, \ See Bes A ae RS CRONE President. tJOHN W. TURNER, CRUG GORE ee Eta a ee er ee Re be Street Commissioner. M. J. MURPHY, MS Ca Ga ee Ee, a Abd Se Rc clély ova ae eae « Water Commissioner. EA Aan Pea oe oh Ulan eet ails. elie gla kx do's @ are Sewer Commissioner. VM. J. MURPHY, at ||DAN ABLE, \ STANT cere woes ets elt ohe saree deka ve Harbor and Wharf Commissioner. HE GBA Ue a Ve ere ree Ge a cc cee etlcees Park Commissioner. Emory S. FOSTER, Secretary. *Resigned May 7, 1890. eQualified September 24, 1890. {Qualified May 24, 1890. q Resigned September 24, 1890. iResigned October 23, 1888. ualified September 24, 1890. $Qualified October 24, 1888, and resigned May 23, 1890. lig : XXII BOARDS OF PUBLIC IMPROVEMENTS. 1891-1895. *GEORGE BURNET, +ROBERT BE. McMATH, [itt tte eet e eee cet e eee es President. Med. MURPHY iio tetanic eyeke conn a poe ouais lv nt as nec ar tae SIH ate Street Commissioner. Mo Ta EO MAIN Be ae Aa lee 8 ea Oe a sD Water Commissioner Re Ro SOG THAR D ce Woe oie csw cco ais ote eee oh det cree ie Pree ae eee Uk Sewer Commissioner. DAN)? A BIB ere vatiaee eee Ria a aera each ae, eens Harbor and Wharf Commissioner. JOHN? Ps BRHCHTHR ec Seek SOR eee eee ae) eee ee ee ee Park Commissioner. Emory S. Foster, Secretary. *Term expired April 18, 1893. TQualified April 19, 1893. 1895-1899. ROBERT.*H.: MOMATH oho ett ee oe eg ertee ora HA gt ae Oe President. ALU INS EMTLIN BER eos tea coe er OE ee en ae ee Street Commissioner. Mor HOTDMGAN Cr ec arte aaa iets ag eer ee Water Commissioner. Bis BH UCOLBY ce a eee rok 8 ee is a ee Te te Sewer Commissioner. CoE STON Bis hee ee at Sc cee ng mm Harbor and Wharf Commissioner. SOD RT DG TRY he eas Te Aa oe Park Commissioner. Emory S. Foster, Secretary. 1899-1903. *ROBERT E. McMATH, President +HIR AM PHITIEPS! 2 [one rn Pe ne toh ieee sai ont aie resident. CHARTERS “VARREL MADINA Omit, anata Street Commissioner. EDWARD PTLAD ls ies catdeee acne ip Mera ty ened: Tecan ned ee eae Water Commissioner Be Av HER MGA NIN cgi ae elena ete eee alg een etc MAN ake Ben Pea os Sewer Commissioner. rape Bak ap Ge PD ON AUNT Os ATR Ca Harbor and Wharf Commissioner. Bik RIDGUM Y 8 Po le eat taku seas eee ee ois Ra nit cae Eee Park Commissioner. Emory S. FOSTER, ) q WALLER EDWARDS, \ Secretary. *Term expired April, 1901. §Resigned April, 1901. *Qualified April, 1901, for term ending April, 1905. [Qualified April, 1901. tDied in office; Joseph P. Whyte appointed as successor. 1903-1907. *HIRAM PHILLIPS, iia prasident tA. J. O REILLY, i tCHARLES VARRELMANN, \ q FRANK F. VALLIANT, @BEN C. ADKINS........... Sib atone aly Suregaye whet dye ence tacts carne e tems Water Commissioner. gFRANK W. VALLIANT, \ ||H. R. FARDWELL, eh a tm 10; .¢,-0' ew fall te, 6) 18) Te: ere lesen e).% Ley eee [66 w/e Brie ¢ 6a o'tb seca le tial eos Leh e ee heh Ae. se! eee Lele we) SPR tele. Lemna Nee eae Ween e. @ WALLER EDWARDS, Secretary. +W. B. DRYDEN, } > *Term expired April, 1905. §Qualified for term ending April, 1907. SHesionad: to take effect June 1, 1905. +Qualified TOT term ending April, 1909. ||Appointed June 2. 1905. ¢eResigned April 21, 1905. 4 Appointed May 17, 1905, to take effect June 1, 1905. , MUNICIPAL OFFICERS. Pek as 1907-1911. Teeny PUTO L ils Y CCREMIERI eee PRR Cicce cece ek cbdecuacedevewgdwasat President. Peper Coes od AV etree Ae Tete aie 'a.'s ‘din 's oo) oe W a al ece pane sca es Street Commissioner. ESRI Ce: ALLIES EL eet I a test sh si Long ale on sa did s dihla we sie ces Water Commissioner. ene ets AECL Raa ee cite al gicidls alals’s ei aic'aas cies as sienes Sewer Commissioner. Te Pals PCy BRIE INOUE Cees dav aS ocr ae st uec eben ces Park Commissioner. TIOSEPH Po WHEHYUWE Peietit age 4 cs he Bde ety EA hE Harbor and Wharf Commissioner. W. B. DRYDEN, Sonretney *Qualified for term ending April, 1909. fQualified for term ending April, 1911. MUNICIPAL OFFICERS. (Elected. ) EXECUTIVE AND ADMINISTRATIVE. Elected for the term beginning April, 1905, and ending April, 1909. eA: tate ee Sek ne ak Nero Sa ie draca scelple- cele whic oe aces oy as cue ave Mayor. Pee Co RE Daa te et ares ete ahaa Scheie cide ce oa a President Board of Public Improvements. Oy lee Vere ny Le eer eee Pere Nn!) oo! cloaks woudl sueGb-e bool dnt dwenae Comptroller. SPE yy eC Neh Cesc Weare elt, Ney Pag cs WR elec etic Shao cius “al eSGoe ab.e else ee tet'e Treasurer. be LOTR URGE UWE TCLS UTS teat oe A SS AR A a a Auditor. em me, Vat a ee Steer Cee ESS TRS oS a, olaglidihy gl diy siGle eeSiie Wuanels eve. 0 su, e)4 dig eee are Register. Cer Leyte Oe tN a he ee Met OPES) Oh le eta erty Mile Cow occa he esa aie le%e W Siethfele'e oe Collector. Dre Pee ms Pet es COON Es Peet's Weil <8 aga ipod erae e AkUA tla wo w’e0 wie leis -0lea e's Marshal. CD GAR ea ee VoL OPIN ree CA IS coals ajc ecueie we aha ieeny, of Weights and Measures. OETN ler Co uk BN mere ceere mde thos ot ay Seer President Board of Assessors. A Ca ee CL EUV ING Riemer foetal leis bus, og Gini Ghee a a President of the Council. MUNICIPAL OFFICERS. (Appointed. ) 1907 to 1911. DEPARTMENT OF PUBLIC IMPROVEMENTS. Board of Public Improvements. A GFE es tn er ee ova CG a ete ea eld wre bavale os td bee ce he President (elected). aD PR at oe ea bei em ts ete eta ons aly Gia Nek an esa al oe che) ai diet'd'e. ae. « Street Commissioner. BEN. Gora PN ears oe tiki. ie oo Soe) A RAI IS RES 5 Water Commissioner. EP ek Oy ta ee ee En MS eC SG imide gio dele Gas wees Sewer Commissioner fed MOM WACO C STL TA Glu. lS De a na ae ee Park Commissioner ApS TaN 09209) 2 0d No UY ak Harbor and Wharf Commissioner WALTER B. DRYDEN, Secretary. ADEE S Ammer Parana terete ee Be Se ce Commissioner of Public Buildings. BOARD OF APPEALS FROM THE COMMISSIONER OF PUBLIC BUILDINGS. (Appointed by Mayor.) HENRY C. HENLEY, WM. S. BAMES, four ee steer e eee eee ee taney te cars Architect. ok Le te ee Os ee Re OG SCS Diccilw ec aw.a%e ule deeue see ees Master Builder. THOMAS B. CARTER........05.-.. Ul ee Supervisor City Lighting. DDWARD Ee GQuUrINN eee ees eee x Ware cl oe ay las Pee aes Supervisor of Plumbing. ANDREW MEYOR Ge tue ek oe | A Ee City Forester. CHAS. HH: JONHIS: Gispcet eee RB A aS UY Se le a RS Smoke Inspector. DO. GAs MUNICIPAL OFFICERS. LAW DEPARTMENT. CHARS -W. SBA ES fis iin Gals Gerdes cir tte bh ota ae Cate eee baa aie ee City Counselor. BENJAMIN: BetGHARDNS Ace fe oes oe Sy eioleie eo Sipe wa be nie Din tue ea Associate. CHARLES: Pe (WOLLTAMS foie ec ot cre ook ce oie ie ere a rake ee eee Second Associate. JAMES: G. McCONEK BY 2s r osc wo ieee win tacy eae erie ie ads te eee eee Se Assistant. A: BH ROUDEBUS Hii cite ccc cee ciede leas 0 aia ees aie tee sonata tae eth amen Se ae Second Assistant. LEH 'B: BNGLIS Hs a. 06 aa oa he ec eee ahs oe Sins © Geter a ears ae anes fa ee Chief Clerk. JUDICIAL DEPARTMENT. First District. DANIBY OO: Gi TRA GY Aa ure ec et aren tS ce ane crate ee Judge. THOMAS -nvAN DERSON wes aids rae eles abit, sat edd sc ete le ean le renee City Attorney. JAMES (BIKING tee ere ple eee cre he cee omecan ameter Ot eae Assistant City Attorney. JOHNS AS DO WDA Tabs Ou iat pee Si tataee ik iat ete ede ean Rare arn eas ah Cc ee Clerk. HDWARE Si PHELAN i sisi eis crete eee ca 2s ert it eg eck rons co sere Assistant Clerk J OFEN 2B TL ADMEB ee 50s Rs Cs Sabina fe Gt ee noe ete TO BR ct ot cre ee eee Assistant Clerk Second District. WILLIAM: JEFFERSON POLGARD iiss sin eictegiertgis stb tea ties © niet a eee Judge. MORTIMER BeLibviYateoudeciss eee ato ene 4. Lee ee ee Assistant City Attorney. WILLIAM AloCA RIT ERs ps a cate ieee ale aps ree rake eres atte eee eee et Clerk. District South of Arsenal PRANK MOSK LEPBERS cnr Sbe ete te eis ae eee eee OL Og Nas Seat ences ee Judge. ROBERT | ASMERR YY MANS ec ce erty sie en ete eee Assistant City Attorney. CHARLNS «J. -COTERTTEN BY inh Sos ork ciere ho teres a ec etoet ee ar uae oe ae Clerk. HEALTH DEPARTMENT. Board of Health. ROLLA WHLUS Ree ricer: oc ce i a ka eae ee Te President, ex-officio (elected). BH WHE BGR ER BOND Ti eek llc ere or saie ote aun te este rao) oie Health Commissioner. HAMILAONTALVCEGOIRALAIN Rate en, pen ore ae eh a es President Council (elected). Ag-CrS TB WAR Decor o oiet cee eee Commissioner of Police (designated by Mayor). HARRY McJOHNSON and JOHN V. BROWN, Members. W)C? GU -KIRCHNEDR Genie oan ore rniel heen an ae Superintendent of City Hospital. HENNE Y of ee 0't.G es re” (; ren’) ne ; ha wie 4 {}, a a) yt Leh dite ‘ | Ra Pay ss, A aie rf 6 A l 09 mE AMER | Did as8. 30112 INL PE er sper te ve tere Se o47 5 384 : 4 ¥ ; Sua. 3d nde By s P . oo; Sa SuSx08-1..350,045-9 pie MEET ot ie $e Te fas dex Nigh nintes ; f Ag Rtn es é. “= 7 Bah Tete As mh Mn Be Beth fut fb 344. 3s ae cw ay stb iret er it ot ee? et of eee ®) pr Ge at Ee heiress! ne pe re ‘ ~ Sehatieds Sete 4 * eB, o 5u8eD Badd ade 7 ; Bap iat hatets a2.8 v ; F : : " : R86 oe TGS. 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Sates ™ Fora Pree ite tres Sie Bide tien ss ae Be er pe oe TE Oe Pe a See Fae Oe et PEE PNET He ste bye eee paren ear ee we ee a a2 pe te se Sn ints beaut ae 38 ; Te Deby Madara tase SS aa err ere : “thi me Tar ; : : S3eee3 33 . mars \ rn : Ms ara Sr e ; > . desu, > i Ba : : gran a re ge: - 3 Pa ~—3"5 ket. pete . a > oe oe bt Seb ok 7 3 ; : = £..2 54502 4 Buy : : rn & . S . : re % : nds Boak La ; ent : aed Bae aie. Ss by Bade eS oe tint —ee- to eae eceieanee paetatre ae rere epicesetats be ba st mt ate Ruboivig@etcieby ind None Fn.