15 Mo. App. 412 | Mo. Ct. App. | 1884
delivered the opinion of the court.
This is an application for a writ of mandamus to be directed to the auditor of the city of St. Louis, command
These accounts are $17.81 for ten days’ services, from 22d to 31st December, 1883, at $55 a month, and $55 for services during the month of November.
The petition alleges that the St. Louis Criminal Court is a court of record, having exclusive original jurisdiction for the trial by jury of all felonies committed in the city of St. Louis, which has a population of 400,000 people ; that its business requires that it should remain in session throughout the entire year, on almost every day ; that, as a requisite part of the machinery of said court, grand juries are impanelled at each term, and are in almost continuous session in rooms adjacent to the court-room. That the law and public policy require that the notes of testimony given before them, and their deliberations, should be guarded with the utmost privacy, and that their findings and the indictments based thereon should be protected with the greatest care ; and that, in the room used for the grand jury, and in the adjoining room in which are drawn indictments, important papers are frequently exposed to any one having access to these rooms. That two large rooms connected with the court-room are occupied by the clerk of the court and his deputies, in which rooms are kept the valuable records and documents pertaining to the court business, which can not be at all times protected from any designing person who has access to these rooms. That the law necessitates the continual presence at said court of a circuit attorney, assistant circuit attorney, and circuit attorney’s clerk, for whom are provided two offices adjoining said court-room, in which are kept a library, private desks, and other suitable furniture, and wherein are deposited the testimony and proceedings of all prior grand juries, the testimony given at examinations in the Court of criminal correction of all capital cases, the
The petition further states that application for the relief asked has been made to the circuit court and refused. The petition is accompanied with various exhibits.
To the alternative writ issued on this petition, the auditor made return, admitting the allegations as to his official position and the presentation of these demands, and saying that they were disallowed by him because they represent no indebtedness payable out of the city treasury, and denying all other allegations of the petition and writ.
The return further sets up that, by virtue of the scheme for separation of the city and county of St. Louis, and the city charter, the ownership and control of the building in which are the court-room and other rooms in question were vested in the city; and that, by section 3, chapter 5, of a city ordinance of the 29th of March, 1881, it is provided that this building, called the “ Four Courts,” shall be under the charge of an officer designated by the commissioner of public buildings ; and that section 5 of the same ordinance provides that said commissioner shall make all necessary arrangements and regulations for the care and cleaning of said building, and he is authorized to appoint a janitor and four assistants for the building, and also a night watchman,
The answer of relator to this return admits the employment by the commissioner of a janitor and four assistants for the building, and says that the services of one of the assistants was tendered to the officials above named ; that he was a colored man, unknown to these officials, or to any of them, for which reason they deemed it imprudent to give him free access to the rooms in question, except the courtroom, and refused to him the keys of these rooms; and that, upon being refused access to the other rooms, he refused to clean the court-room. The answer denies the legal right of respondent to appoint a janitor for the rooms and offices of the judge and other officers of the criminal court. Respondent filed a general denial, by way of reply, to this answer.
Upon these pleadings the parties went to trial.
Of the functions of the judge of the criminal court and the circuit attorney and of the clerk of the criminal court, we take judicial notice. The allegations of the petition as to the use to which these rooms are put, the numbers and
The testimony tended to show that a head janitor and four assistants were appointed by the commissioner of public buildings to take charge of the Four Courts building, and that this force was entirely sufficient for the work, and was willing to do it, and that no complaints were, at any time, made to the commissioner of misconduct or neglect of duty on the pai’t of the head janitor or of any of his' assistants. It- has always been the custom for the commissioner to defer to the wishes of the judge and clerk of the criminal court in the appointment of the assistant janitor who had charge of the court-room and the rooms used by the grand jury, the clerk, and the judge. When Mr. Kledus was nominated commissioner, in April, 1883, letters were addressed to him by the judge, clerk, deputy clerks, circuit attorney, assistant circuit attorney, deputy sheriff in charge of the criminal court, and by the official reporter of the court, stating that Stephen Howard had for years been janitor of the court, that he was faithful and diligent, and that his reappointment was specially desired and earnestly requested by all these officials. These applications were renewed when Mr. Kledus was appointed commissioner in November, 1883, and on the 7th of November the circuit attorney addressed a letter to the mayor on the subject, in which he stated that Howard was known to him for some
The janitors were assigned to their posts on the 22d of December, but, the 23d being Sunday, they did not go to work until the 24th. Kledus says that Staed came to him whilst he had Howard’s application under consideration, and told him that, if Howard was not appointed, they would appoint their own janitor themselves ; and that he finally elected to appoint Brown, who was confirmed by the president of the board of public improvements. Before the appointment of Brown, the assistant janitors, except the night watchman, had all been white men.
It appears that Herman and Brown refused to have the court-room cleaned, unless Brown should be allowed to clean the other rooms. The court-room remained in a filthy condition during five days, when the court was not in session and Howard was sick, towards the end of December, and Herman sent Brown to clean it and remove some rubbish made by putting up ventilators in the room ; but Staed, the clerk of the court, sent Brown away. On the 24th,. application was made for the keys of his private room, to the judge, by Herman and Besley, but the judge said that they had appointed their own janitor. ' A similar answer to a like application was made by Staed, and by Finney, his head deputy. No objection was made to Brown, except that the judge and clerk and other officials knew nothing about him.
It is obvious that a janitor is a necessary expense of the criminal court. If the commissioner of public buildings, by refusing to appoint a janitor for the various rooms required for the business of that court, could deprive the court of the services, of a janitor, it would rest in the hands of that official whether the administration of justice in criminal matters committed to the jurisdiction of the St. Louis criminal court should be suspended or not, which is absurd. No doubt, if no provisions were made by the city
It is no answer to say: The city has made provision for janitors in the building in which the criminal court holds its sessions, and for their paymeut; under these provisions a janitor has been appointed for the criminal court, which the court must accept, because he is appointed by the officer who has, under the city charter, the power to make this appointment. I say that sjuch answer is insufficient, if it appears that the janitor thus appointed is entirely unfit for his position and incapable of fulfilling it, or if he is a notoriously dishonest man. The janitor of the St. Louis Criminal Court must be a man in whom confidence can be reposed; his relations to the officers of the court are, to a great extent, of a confidential character. A dishonest man, who had access day and night to the clerk’s office, grand jury room, court-room and private room of the judge, would seriously add to the impediments which the corrupt elements of society in a large city throw in the way of the administration of the criminal law. No ordinary precautions would be a protection, under such circumstances, to the valuable' documents in charge of the officials of the court. It can hardly be questioned that the appointment by the commissioner of public buildings of a notoriously incapable or .disreputable man, to whom the officials of the court ought to deny access to the rooms, would be equivalent to no appointment at all.
It may be said that such is not the case presented. The case, however, is this: The commissioner of public buildings appointed as janitor a man whom no official of the court knows anything about, and for the purpose of making this appointment, against the earnest remonstrances of every one of these officials, removes a faithful janitor who has
The difficulties surrounding the administration of criminal justice in this city are already great, and they are matters of public notoriety. We are not willing to add to them by holding that a commissioner of public buildings, or any other official, may thrust upon the officers of the criminal court, against their will and judgment, a servant of whom
The general principle involved is discussed in the case of The State to use v. Smith (supra), and the cases cited in that opinion.
The legislative, judicial, and executive departments of the government are distinct. The organic law of the state apportions the powers of the government, and imposes certain duties on the several departments. The judicial power of the state is, by the constitution, vested in the courts. The legislature raises and applies the revenue, and thus holds the public purse; but, though it possesses the .larger share of power, it is no more a representative of the sovereign power than are either of the other departments ; and the courts will always so interpret legislative enactments as to preserve the proper independence of the judiciary and the executive. Where a deficiency of public accommodation requires an expenditure by a court, it must be at the public charge; for, as is remarked by Chief Justice Gibson in Commissioners v. Hall (7 Watts, 290), this is as much a part of the contingent expenses of the court as the price of the fire consumed in the court-room. So, in County of Boone v. Todd (3 Mo. 140, [103] ) the clerk of the court had rented a room for the clerk’s office. It was objected that the demand allowed by the county court was not one the county was bound to pay. The words of the statute relating to the subject were, that, each clerk should procure a seal and press, “ and provide, and safely keep and preserve suitable books, furniture, and other necessaries for their respective offices.” It was argued that a room for the clerk’s office was not ejusdem generis with the things named, and therefore could not be included by the interpretation under the phrase “ other necessaries ” so as to entitle the
The general-statutory provision is (Rev. Stats., sects. 1061 and 1062) that the officer attending any court shall “ furnish stationery, fuel, and other things necessary for the use of the court, whenever ordered by the court,” and that the court shall audit and adjust the accounts of the officer attending it, and certify the same for payment. If there were any statutory provisions in substantial conflict with these, as depriving the'courts of the power to determine what are the necessary contingent expenses of the business of the court, and to make them a public charge, to accord to them obligatory force would be to sanction an encroachment on the independence of the judiciary department of the government which would not be sanctioned by any court having proper respect for its own dignity and independence. Within its own sphere, the court can not be trammelled by legislative restrictions which, if enforced, would have the effect of seriously embarrassing the court in effectually performing the functions for which it was created.
The duty of making provision for the State courts exercising jurisdiction within the city of St. Louis, is, by statute, imposed on the city government, which, in relation to the state, has some functions of a county. 2 Rev. Stats., p. 1565. The municipal assembly is to provide by ordinance for the election and appointment of city officers, and to establish their compensation and that of their assistants, and may create any office, and provide for filling the same. 2 Rev. Stats., p. 1587, etc.; City Charter, ch. III., sect. 26, subd. 8; Art. XVI., sect. 17 ; Art. IV,, sect. 45. In accordance with these provisions are the provisions of the revised ordinances of the city pleaded by respondent, which place all public buildings under control of the president of the board of public improvements and of the
It further appears from the testimony of Mr. Romer, the deputy auditor, that there was a fund for court expenses, out of which the-accounts in question here might have been paid, and that he rejected them because the expense was not provided for by a special appropriation, and because the salaries account made no provision for this additional janitor for the criminal court, but recognized only the head janitor and his four assistants.
We think the peremptory writ should go. It is so ordered.