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PADBERG v. ROOS

No. 51138.

404 S.W.2d 161 (1966)

Godfrey P. PADBERG, Samuel B. Murphy, Arthur S. Margulis and Harry N. Soffer, Members, All constituting the Board of Election Commissioners of St. Louis County, Missouri, Plaintiffs-Respondents, v. Lawrence K. ROOS, County Supervisor, John O'Hara, Maurice Osborn, Gerald A. Rimmel, Edward E. Murphy, Jr., Brainerd W. La Tourette, Jr., Boris M. Martin and Maurice L. Stewart, Members of the County Council, Dorothy Wilson, County Clerk, and St. Louis County, Missouri, a Municipal Corporation, Defendants-Appellants.

Supreme Court of Missouri, En Banc.

Rehearings Denied July 11, 1966.

Attorney(s) appearing for the Case

Norman Barken, St. Louis, for respondents Padberg, Murphy, Margulis and Soffer, all constituting Board of Election Com'rs of St. Louis County.

John H. Lashly, St. Louis, for respondents John O'Hara, Maurice Osborn and Boris M. Martin, members of St. Louis County Council.

Donald J. Stohr, St. Louis County Counselor, Joseph B. Moore, Deputy County Counselor, Clayton, for defendants; Norman C. Parker, St. Louis, special counsel.

FINCH, Judge.

This is an appeal from a declaratory judgment which held that two ordinances proposing charter amendments to the Charter of St. Louis County (herein referred to as the Charter) did not receive sufficient votes for passage and submission to a vote of the people.

Since March 1950, St. Louis County has been a charter county. Its Charter was adopted pursuant to the Constitution of Missouri, 1945, Article VI, Sections 18(a)—

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