Ola P. Mccallister v. H. Sam Priest

This is a proceeding brought under the Administrative Procedure and Review Act, Chapter 536 (all statutory references are
to RSMo 1959, V.A.M.S., unless otherwise indicated) to review an order of the Board of Police Commissioners of the City of
St. Louis (herein usually referred to as Board). This proceeding is a contested case before an agency within the terms of
Chapter 536 and is reviewable under said act. Scism v. Long, Mo. App., 280 S.W.2d 481. Appellant, a Major in the St. Louis Metropolitan Police Department, was suspended as North Area Commander by his commanding
officer on February 6, 1964. 1 A written charge of general inefficiency as North Area Commander in violation of Rule 15,
Section 2 of the St. Louis Police Manual, amplified by seven more detailed specifications, was filed by the Chief of Police
before the Board. Appellant pleaded not guilty thereto. After a hearing, the Board found appellant guilty of general inefficiency
and dismissed him from the Police Force, effective December 14, 1964. Pursuant to Chapter 536, he filed a petition for review
in the Circuit Court of the City of St. Louis. The Circuit Court on December 9, 1966, affirmed and appellant has appealed
to this court. We have jurisdiction because appellant asserts various constitutional questions, including a claim that both
Rule 15, Section 2 of the Police Manual and 84.170(2), which authorizes such rules, are unconstitutional under
the due process clauses of the Federal and State Constitutions. Rose v. State Board of Registration for Healing Arts, Mo.,
397 S.W.2d 570.