Thе relator, Tedford, applied to this court in January of this year, for a writ of certiorari directed to'the respondents as the Board of Railroad and Warehouse Commissioners of this State, to certify to this court the proceedings had by the said board on the 8th of January, 1907, wherein and whereby they discharged, dismissed and removed the relator from his office as Chief Grain Inspector of this State. The application was granted and the writ issued returnable on or before January 23. The respondents in due time made their return, wherein they stаted that at the regular session of said board, held at Kansas City, in this State, certain charges in writing, duly verified by the affidavit of the complainant, were filed with the said board by one Baxter Brown, a copy of which said charges was made a part of the return. These сharges in substance were that in the month of May, 1906, the relator without authority discharged one McVeigh, who had theretofore been the deputy grain inspector of said board, and that after the removel of said McVeigh he asked for a hearing before thе board for reinstatement by them, and on said hearing relator failed and refused to produce any evidence or show any legal cause for the removal of said McVeigh, and thereupon the said board set aside the order of removal, but the relаtor in defiance of the action of the board refused to' reinstate McV eigh or put him upon the pay roll; that on or about the 2nd of August, 1906-, the said Tedford
The return further pleads that it is not true that the relator had no notice that any charge or. complaints were to be made against him, but on the contrary, on the day preceding the filing of said charges, one of said commissioners;, Rube Oglesby, informed the relator that charges would be preferred against him at the then session of said board, and respondents further state that relator was present at the meeting of' the board on the 8th of January, 1907, and the charges were read over to him, and that at that time it was
As we were ,all of the opinion that the action of the majority of the Board of Railroad and Warehouse Commissioners in dismissing relator from his position as chief inspector was arbitrary and without authоrity of law, judgment was directed quashing the record and proceedings of the Board of Railroad and Warehouse Commissioners wherein , and whereby they attempted to discharge relator from his office as chief inspector. It was directed at that time that the opinion of the court be filed at a later date.
I. The relator was appointed November first, 1903, as chief inspector of grains for this State for a term ending November first, 1907, under and by virtue of section 7624, Revised Statutes 18901. The statute under which relator held his offiсe as cMef inspector at the time of his attempted removal provided that his “term of office as chief inspector of grain shall be for four years.” It was made his duty to have a general supervision of the inspection of grain as required by the laws оf this State under the immediate direction of the Board of Railroad and Warehouse Commissioners. [Sec. 7654, R. S. 1890.] By section 7656, Revised Statutes 1899, he was required to take an oath that he would faithfully and strictly discharge the duties of his said office according to law and the rulеs and regulations prescribing his duties; and to execute a bond in the penal sum of $50,000 to the State of Missouri, conditioned that he would pay all damages to any person or
Eelator is an officer under the laws of this State by all the tests which distmguish an officer from a mere employee. He has a fixed tenure of four years. He is denominated an officer by the law which crеates his position and the same act devolves upon him public duties of prime importance to the State. He was required to take an official oath and to enter into a bond in the sum of fifty thousand dollars for a faithful discharge of Ms official duties. The dutiеs of the position are fixed and continuing, whoever the incumbent may be. [State ex rel. v. May,
The judgment quashing the proceedings of the board in so far as they attempted to remove relator from his office as Chief Grain Inspector, having been already entered, it only remains to indicate our reasons therefor in this opinion, which will be filed as of the date of the judgment.