71 Mo. 46 | Mo. | 1879
On the' 20th. day of July, 1874, A. P. Gano, recorder of Missouri City, issued a summons to the constable of the city of Missouri City, commanding him to summon Erancis M. Plutchiuson as therein directed, which summons is as follows: .
The Mayor, Councilmen and Citizens of Missouri City, Complainants, vs. F. M. Hutchinson, Jr., Defendant. , J
The State of Missouri — To the Constable of the city of Missouri City:
Whereas, complaint has been made before me, the undersigned recorder of the city of Missouri City, by Lewis G. Hopkins, constable of said city, that E. M. Hutchinson, Jr., a dealer in drugs and medicines, did directly or indirectly sell or give away intoxicating liquors in a quantity less than one gallon, within the limits of the city of Missouri City, within twelve months.from this date — and the same was not sold for medicinal purposes, upon the written prescription or certificate of a regular practicing physician of Clay county that such intoxicating liquor was to be used for medicinal purposes — and such prescription was not given in each or any case of purchase and sale by said E. M. Hutchinson, Jr., and such intoxicating liquors were sold to be drunk on the premises where sold, in violation of section one (1) of an ordinance of the city of Missouri City, entitled, “An ordinance relating to the retailing of spirituous liquors within the limits of Missouri City, Missouri,” — the said E. M. Hutchinson, Jr., being then and there guilty of
Given under my hand this 20th day of July, A. D. 1874.
A. P. Gano, Recorder.
Defendant appeared before the recorder as commanded, was tried, convicted and fined $20, from which judgment he appealed to the circuit court of Clay county, where, upon trial de novo he was found guilty and his fine assessed at $20, from which he has appealed to this court. On the tidal defendant, after having pleaded that the said circuit court had no jurisdiction to hear or determine said cause “ because there was not filed with the said recorder, prior to the issue of the summons therein, or at any time, a written or printed statement of the offense charged against him, said defendant, signed by the informer as required by law and the ordinance of said city, nor is there now any such statement in the case,” objected to the introduction of any evidence on the part of plaintiff because there was no written statement, as required by the charter, setting forth the offense for which defendant was sought to be made liable; this objection was overruled, and the action of the court in that respect is assigned for error. We are of opinion that the objection was well taken and ought to have been sustained. It is provided in the charter incorporating plaintiff that the recorder of said city shall have exclusive jui'isdiction over all cases arising under any ordinance of the city, subject to the right of appeal, aud that the practice and proceedings before said recorder for the recovery of fines, &c., for the breach of any city ordinance,
It appears from the various sections of the charter and city ordinances that the recorder of said city only has authority to issue either a summons or warrant upon a written or printed statement of the offense charged by the informer and filed with the recorder, or upon a statement filed by the city attorney. Whether the present proceeding is regarded simply as a civil suit or as quasi-criminal, in either view a statement in writing or in print setting forth the offense charged, is required to give the recorder jurisdiction of the subject matter. This is so announced both in the charter and ordinance of the city. The purpose of the required statement is distinet'from that of the summons or warrant. The object of the statement is twofold, first, to give the recorder jurisdiction of the subject