370 S.W.2d 381 | Mo. | 1963
The director of revenue, charged with the duty of revoking vehicle operating privileges under the “point system,” § 302.-304,
Appellant asserts that this Court has jurisdiction “under Article V, Sections 2 and 3 of the Constitution of the State of Missouri, and for the further reason that the Department of Revenue of the State of Missouri is one of the parties to this suit.” Respondents claim that we have jurisdiction “inasmuch as state officers, as such,, are parties to the suit.”
Examining the matter of jurisdiction sua sponte, as it is our duty to do, we find no ground for the exercise of jurisdiction by this Court. Neither the Department of Revenue of the State of Missouri nor the safety responsibility unit of that department, is a “state officer” within the meaning of the constitutional provision.
Accordingly, we order the cause transferred to the Kansas City Court of Appeals.
PER CURIAM.
The foregoing opinion by HOUSER, C., is adopted as the opinion of the court.
All of the Judges concur.
. All section and chapter citations refer to RSMo 1959, and Y.A.M.S.
. See State ex rel. Gehrs v. Public Service Commission, 338 Mo. 177, 90 S.W.2d 390, State ex rel. State Highway Commission v. Hudspeth, Mo.Sup., 297 S.W.2d 510, Parker v. Unemployment Compensation Commission, 358 Mo. 365, 214 S.W.2d 529, Trokey v. United States Cartridge Co., Mo.Sup., 214 S.W.2d 526, White v. State Social Security Commission, 345 Mo. 1046, 137 S.W.2d 569, and Howell v. Division of Employment Security in Department of Labor and Industrial Relations of Missouri, 358 Mo. 459, 215 S.W. 2d 467, which hold that neither the public service commission, the state highway commission, the industrial commission, the social security commission nor the division of employment security of the department of labor and industrial relations is a “state officer” within the contemplation of the constitutional provision.
.As in the case of a “state officer” within the meaning of Article VII, Section 13 of the constitution, prohibiting the increase of the compensation of state officers during the term of office. State ex rel. Webb v. Pigg, 363 Mo. 133, 249 S.W.2d 435.