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Domestic News January 17, 1879

The New North West

Deer Lodge, Powell County, Montana

What is this article about?

Missouri Supreme Court upholds St. Louis ordinance requiring $25 annual license tax on lawyers, reversing Court of Appeals and affirming lower court decision in case of State ex rel. St. Louis vs. Theodore Sternberg.

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LOCAL TAX ON LAWYERS.
THE MISSOURI SUPREME COURT DECIDES
IT CONSTITUTIONAL.
From the St. Louis Globe-Democrat, Dec. 28th.
When the Municipal Assembly, acting
under the authority of the city charter
passed an ordinance demanding a license of
$25 a year from all lawyers practicing in
St. Louis, immediate objection was filed by
members of the bar. Some of the older
lawyers accepted the situation and paid the
tax. Others, who possibly did not find
the expenditure of $25 convenient, declined
to do so. Mr. Theodore Sternberg, an at-
torney, at last formally assumed the brunt
of the fight, and, with Mr. J. C. McGinnis as
his attorney, fought the matter in the
Court of Criminal Correction. Judge Cady
decided that the Assembly had the right to
assess and enforce the collection of the
license.
Mr. McGinnis took the case to the Court
of Appeals. That tribunal reversed Judge
Cady's decision. The city carried the mat-
ter up to the Supreme Court. That body
yesterday reversed the Court of Appeals
and sustained Judge Cady. A brief tele-
gram to the Globe-Democrat, yesterday
afternoon, announced the fact. The news
was given by Globe-Democrat reporters to
legal acquaintances, and created the liveliest
sensation. The result seemed unexpected
by the majority.
Last night the Jefferson City correspon-
dent of the Globe-Democrat telegraphed as
follows:
"Jefferson City, Mo., Dec. 23.—In the
Supreme Court to-day the case of the State
ex rel. St. Louis vs. Theodore Sternberg,
was decided and final judgment entered.
Judge Norton delivered the opinion of the
Court. The Court holds that the constitutional power of the Legislative Assembly
of the City of St. Louis to Legislate for the
city is coequal with that of the Legislature
of the State to enact laws for the govern-
ment of the State, and that, in pursuance
of that power, it is perfectly competent for
the City Assembly to levy a tax upon law.
yers the same as upon merchants, or any
other business. The judgement of the St.
Louis Court of Appeals is reversed, and
that of the Court of Criminal Correction is
affirmed."

What sub-type of article is it?

Legal Or Court

What keywords are associated?

St Louis Lawyer Tax Supreme Court Decision License Ordinance Constitutional Ruling Theodore Sternberg Case

What entities or persons were involved?

Theodore Sternberg J. C. Mcginnis Judge Cady Judge Norton

Where did it happen?

St. Louis, Missouri

Domestic News Details

Primary Location

St. Louis, Missouri

Event Date

Dec. 23

Key Persons

Theodore Sternberg J. C. Mcginnis Judge Cady Judge Norton

Outcome

supreme court reversed court of appeals and affirmed court of criminal correction, upholding the $25 annual license tax on lawyers as constitutional.

Event Details

St. Louis Municipal Assembly passed ordinance for $25 yearly license on lawyers. Objections led to challenge by Theodore Sternberg, represented by J. C. McGinnis, in Court of Criminal Correction where Judge Cady upheld it. Court of Appeals reversed, but Supreme Court, via Judge Norton's opinion, reversed Appeals and sustained original decision, affirming city's power to tax lawyers like other businesses.

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