237 Mo. 109 | Mo. | 1911
This is an original proceeding in prohibition brought by the relator, Terminal Railroad Association of St. Louis, against the respondents, Daniel O’Connell Tracy, Judge of the First District Police Court of the city of St. Louis, and the city of St. Lotus. Relator filed its petition in this court on the 28th day of June, 1910. A preliminary rule in prohibition was issued against respondents as prayed and made returnable to the October term, 1910. In due time the respondents filed their return to the writ. The relator moved for judgment on the pleadings and the cause being thus at issue is submitted for decision.
The pleadings are lengthy and we do not deem it necessary that they should be set forth in this statement. The facts determinative-of the case stand admitted by the respondents’ return and by the relator’s motion for judgment on the pleadings.
The allegations of the petition are substantially as follows: That relator is a railway corporation, organized under the laws of this State, and in accordance with said laws and the ordinances of the city of St. Louis, is engaged in the business of a terminal railroad company within the limits of said city, re
“Whoever shall himself, or by another, place upon any highway or other public place any obstruction not authorized by ordinance, or make any excavar tion in such place without lawful authority, or displace or remove any stones, stakes or other landmark placed*114 by any officer of this city under authority thereof, or injure or deface any property, or violate any provisions of this ordinance for violation of which no specific penalty is provided, shall forfeit and pay not less than ten dollars.”
That said prosecutions were instituted by the city attorney of the respondent city by filing informations identical in form, except where there is a difference in the streets alleged to have been obstructed, and that many of the informations relate to- the same streets and portions thereof; that the said informations, omit-ting caption and signature, are in the following form,. to-wit:
“Terminal Railroad Association of St. Louis, a Corporation. To the City of St. Louis, Dr.
“To five hundred dollars, for the violation of an ordinance of said city, entitled ‘An ordinance in revision of the General Ordinances of the City of St. Louis, being ordinance No. 22,902, Section 1224, Approved March 19, 1907.’
“In this, to-wit:
“In the City of St. Louis and State of Missouri, on the-day of-, 1909, and on divers other days and times prior thereto, the said Terminal Railroad Association of St. Louis, a corporation, did then and there place and cause to be placed upon the public highway, known as - street, at or near City Block - — , an obstruction not authorized by or-. dinance consisting of engines, cars and trains of cars operated and run over tracks lying across-street aforesaid.
“Contrary to the ordinance in such ease made and provided.”
It is further alleged that no charge or allegation is contained in any of said informations that the tracks of relator were not laid, constructed or maintained ■upon or across said streets with authority of law and with the consent of said city; that there is not now and
It is further alleged that said section 1224 of the ordinances of said city, against the provisions whereof the relator is alleged to have offended, relates solely to objects placed and at rest in the public highways in said city and not to vehicles in motion, operated along, upon or across the same, and has no reference to or bearing upon the right to operate engines, cars
Relator has filed'as exhibits with its petition copies of the sections of the ordinances of said city fixing and defining the jurisdiction of the police court, together with a descriptive list of the cases now pending against it in the said police court and the court of criminal correction.
The facts set forth in relator’s petition are substantially admitted in respondents’ return. Respondents affirmatively plead in the return, and it stands admitted by the motion for judgment on the pleadings, that by the charter of the city of St. Louis the First District Police Court is vested with exclusive original jurisdiction over all cases involving the violation of the ordinances of said city, including jurisdiction over offenses for the placing of obstructions in the highways, of said city, and that in entertaining jurisdiction of the cases referred to in the relator’s petition said police court acted by virtue of the authority and power so conferred by said charter and not otherwise.
The foregoing is deemed a sufficient statement of the facts for the purposes of this opinion.
The remedy by writ of prohibition is of ancient origin in our system of jurisprudence. The principles of
Relator states in its brief that the writ of prohibition will be ordered by a superior court to curb and restrain an inferior court in the following instances: “First, When the lower court has no jurisdiction. Second, When the lower court is proceeding in excess of its jurisdiction. Third, When the instrumentalities of the lower court are being used for the purposes of oppression, and the jurisdiction of the court abused.”
The first two grounds thus stated are recognized as settled law in the adjudged cases, and if the facts of a given case show either want of jurisdiction or excess thereof, together with an absence of an adequate remedy at law or in equity, a case is made warranting the issuance of the writ. It should be observed that, although want of jurisdiction and excess of jurisdiction are commonly referred to and considered as separate grounds for the issuance of the writ, there is in principle little distinction between them, as each means an attempt by a court or person to take judicial action without judicial power or authority for such action.
The third ground, as stated by relator, is rather vague and indefinite, and seems to assert the proposition that there exists a basis for the issuance of the writ independent of and not comprehended within either of the first two grounds. This contention is the main question before us for decision and a consideration of the admitted facts of this case makes obvious the importance and necessity to relator of its ability to maintain that proposition.
An examination of the authorities upon the law governing the issuance of this extraordinary writ has brought to our attention, among others, the following: • ■
“The sole question for determination upon an application for the writ of prohibition is whether or not the inferior court has usurped jurisdiction or*119 exceeded its lawful powers, and the writ is always refused where it appears that the court has jurisdiction over the matter complained of.” [16 Ency. PI. and Pr. 1125.]
“Upon an application for a writ of prohibition to stay the action of an inferior court, the sole question to be determined is the jurisdiction of that court.” [High’s Extraordinary Legal Remedies (3 Ed.), 767b.] “In all cases, therefore, where the inferior court has jurisdiction of the matter in controversy, the superior court will refuse to interfere by prohibition, and will leave the party aggrieved to. pursue the ordinary remedies for the correction of errors, such as the writ of error or certiorari. In the application of the principle it matters not whether the court below has decided correctly or erroneously; its jurisdiction being conceded, prohibition will not go to prevent an erroneous exercise of that jurisdiction.” [High’s Extraordinary Legal Remedies (3 Ed.), sec. 772.]
. “The court will exercise its authority to issue writs of prohibition to courts of inferior jurisdiction, only in cases where such courts clearly exceed their jurisdiction, or attempt to usurp a jurisdiction belonging to some other forum.” [2 Spelling on Injunctions and Other Extraordinary Remedies (2 Ed.), see. 1723.]
' “The broad governing principle is that a prohibition lies where a subordinate tribunal has no jurisdiction at all to deal with the cause or matter before it; or where, in the progress of a cause within its jurisdiction, some point arises for decision which the inferior court is incompetent to determine. But a prohibition will, not he where the inferior court has jurisdiction to deal with the cause and with all matters necessarily arising therein, however erroneous its decision may be upon any point.” [Shortt on Mandamus and Prohibition, see. 436.]
*120 ' “Where the lower tribunal has jurisdiction of the parties and of the subject-matter prohibition will not lie.” [32Cyc. 605.]
See also 16 Ency. PI. and Pr. 1094; High’s Extraordinary Legal Remedies (3 Ed.), secs. 762, 764a, and 771a; 2 Spelling on Injunctions and Other Extraordinary Remedies (2 Ed.), secs. 1716 and 1752; Wood on Mandamus, Prohibition, etc., 147; Lloyd on Prohibition, 48.
And from the decisions of this court the following:
“A writ of prohibition issues from a superior to an inferior court, to restrain the latter from exceeding its jurisdiction. [5 Bacon 446, Prohibition.] The justice clearly had jurisdiction, and the writ was improvidently issued.” [Morris v. Lenox, 8 Mo. l. c. 253.]
“Such jurisdiction being conceded, it clearly follows that a writ of prohibition will not issue to prevent its erroneous exercise., • Some other remedy must be resorted to.” [Wilson v. Berkstresser, 45 Mo. l. c. 286.]
“The question is not whether the court was authorized to render the judgment entered, but whether it had jurisdiction to enter any judgment at all.” [State ex rel. v. Burckhartt, 87 Mo. l. c. 538.]
“The purpose of the writ is to prevent the inferior tribunal from assuming a jurisdiction with which it is not legally vested. If the lower court has jurisdiction to determine the question before it, prohibition will not lie.” [State ex rel. v. St. Louis Court of Appeals, 99 Mo. l. c. 221.]
“The question for decision is whether this court can properly and lawfully prohibit the circuit court from further taking cognizance of the application made to it by the plaintiffs in said injunction case. This depends upon whether that court was entirely wanting in jurisdiction to grant said injunction on the showing made in the petition, or whether, granting it had juris*121 diction in that class of cases, it has not exceeded its jurisdiction.” [State ex rel. v. Wood, 155 Mo. l. c. 445.].
“The jurisdiction of the police court to try cases for violation of municipal police regulations, leveled at disorderly conduct and drunkenness on the streets, is exclusive. Its procedure in the exercise of its jurisdiction may or may not be erroneous, but so long as i-t has jurisdiction, and acts within its jurisdiction, its rulings and proceedings can not be reviewed or corrected by means of a writ of prohibition, no matter how erroneous such rulings and proceedings may be. Mere error or irregularity or mistake, be it ever so manifest, which does not amount to an excess of jurisdiction, will not b,e ground for a prohibition.” [Delaney v. Police Court, 167 Mo. l. c. 679.]
See also State ex rel. v. Klein, 116 Mo. 259; State ex rel. v. Scarritt, 128 Mo. 331; State ex rel. v. Moehlenkamp, 133 Mo. 134; Wand v. Ryan, 166 Mo. 646; Schubach v. McDonald, 179 Mo. 163, and State ex rel. v. Stobie, 194 Mo. 14.
Upon the foregoing authorities it may be safely asserted, as settled law and without exception, that unless the court sought to be prohibited is wanting in jurisdiction over the class of cases to which the pending case belongs, or is attempting to act in excess of its jurisdiction in a case of which it rightfully has cognizance, the writ will be denied.
It is contended by relator that the information fails to state a cause of action and therefore that the court is without jurisdiction and the writ should be issued for that reason, especially in view of the number of informations pending and about to be filed. This position is clearly untenable and no authority is cited in its support. If the lower court has jurisdiction of the class of cases to which the said prosecutions belong, then there can be no doubt of its jurisdiction to determine the sufficiency of the information, leaving the losing party the right to have such judgment
“Where jurisdiction over the parties and the subject of the cause is (as in this instance) clear, any error of the trial court in ruling on the sufficiency of the pleading forming the basis of the suit cannot be corrected by resort to a writ of prohibition.” [State ex rel. v. Scarritt, 128 Mo. l. c. 340.]
In State ex rel. v. Stobie, 194 Mo. l. c. 52, this court said: “If the court has jurisdiction of the class of cases to which the proceeding sought to be prohibited belongs, and acquires jurisdiction of- the subject-matter, the mere fact of defects in the petition or complaint by which the proceeding was inaugurated, will not authorize the issuance of a writ of prohibition.” And see State ex rel. v. Railroad 100 Mo. l. c. 61; Schubach v. McDonald, 179 Mo. l. c. 182; High’s Extraordinary Legal Remedies (3 Ed.), sec. 767a; State ex rel. v. Lucas, 236 Mo. 18.
Relator states in its brief: “An example of the third ground of prohibition is when a court permits multitudinous and innumerable prosecutions to be urged for purposes of coercion and embarassment, as in State ex rel. v. Eby, 170 Mo. l. c. 526, wherein the court said: ‘It has, however, been urged by counsel for respondent that inasmuch as relators have a remedy
Relator has misinterpreted the language quoted from the Eby ease. It is apparent that the court was not there dealing with the question as to the grounds upon which the writ should be issued, but the question whether (one of the necessary grounds existing) the court should deny the writ for the reason that the relator had an adequate remedy by appeal. In the preceding part of the opinion the court had held that the law upon which the prosecution in the trial court was based, was unconstitutional and had been repealed, and the court, 1. c. 522, said: “Under the foregoing authorities, does this record present on its face the posture of there being an absolute want of jurisdiction in the lower court to try the one thousand, two hundred and three informations filed against relators in the Pike Circuit Court? That it does, we entertain no doubt.” And again, 1. c. 526: “Of course if the law is unconstitutional which is made the basis of the proceedings, the case is one where it is obvious on the face of such proceedings that the trial court has no jurisdiction, and prohibition will consequently he.”
The case of State ex rel. v. Ross, 122 Mo. 435, is also cited and relied upon to sustain the contention that the writ may properly be granted when want of jurisdiction or excess of jurisdiction is not shown as a basis therefor. In the Ross cáse it was held that when a circuit court had acquired jursidiction and appointed a receiver in a proceeding pending therein, another court of concurrent jurisdiction would be prohibited by this court from entertaining jurisdiction in a suit subsequently brought for the same purpose. A construction has been placed upon that ease as holding that since the court in which the second proceéding was instituted had jurisdiction of the subject-matter and of the person it follows that this court countenanced the issuance of the writ where neither want nor execss of jurisdiction was shown in the court prohibited. An examination of the decision in that case will disclose that this court based its action in issuing the writ upon the ground of want of jurisdiction in the lower court, for, as stated in the syllabus, “Where, in the foregoing action, a receiver has been appointed, the petitioner is entitled to a writ of prohibition against interference by another court and by its receiver appointed without jurisdiction.” But the exclusive character of the jurisdiction of the court in which
In the case before us it appears from the admitted facts that the respondent Tracy, as judge of the police court, possessed not only jurisdiction, but exclusive jurisdiction, of the prosecutions pending and threatened against relator in that court. There is no fact alleged tending to show the exercise or threatened exercise of jurisdiction in excess of his judicial power and authority, or that he has assumed or is about to assume any power other than that conferred uponbim by the charter of the city and required of him by his oath of office. While, so acting in the line of his duty and within the scope of his judicial power as prescribed by the charter, it cannot be maintained, in the light of the authorities heretofore cited, that he should be restrained and prohibited by the extraordinary writ of prohibition which issues only to prevent the usurpation of judicial power. The prosecutions complained of by relator may be vexatious because of their multiplicity, but it is not alleged that respondent, as judge of said police court, is in any manner
In the earlier part of this opinion it is suggested that if relator is entitled to relief against the respondent, as judge of the police court, it must be because he has taken or is about to take some action which would be in violation of relator’s rights. And the wrong which would warrant the issuance of this writ can be only such a wrong or fault as amounts to usurpation of judicial power. In the case of State ex rel. v. Stobie, 194 Mo. 14, it was contended that the prosecution pending before the justice of the peace against whom the writ was asked, was instituted in bad faith by the prosecuting witness and that the writ should be'issued .to prohibit the respondent justice of the peace from entertaining further jurisdiction in the cause. Answering that contention, this court, 1. c. 62, said: “It is immaterial, so far as conferring jurisdiction upon the justice, what the objects and purposes of the prosecution were. William Mathews was the complainant in said cause before, the justice and filed the charge against the relators and must be treated, so far as the .disclosures of the petition are concerned, as the prosecuting witness; hence, the allegations upon which this contention is predicated are directed solely to the respondent Mathews. He made the charge and the petition avers the improper object and purpose in making it. The said allegations apply to the prosecutions
After a full and careful consideration of this cause, we are convinced that this court would not be warranted in issuing its extraordinary writ of prohibition against the respondents, and we hold that the prehminary rule should be quashed and the writ denied. It is so ordered.