The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-06-24


formation reisuye 10 the operations Of the
Tow nship Organization Law, 20 far ~ our own
Supervisors arc concerned, have submitted the
folio wlag opinion, 10 which We invite the at.
ten,ion Of parties Interested:
To lhs Boasd VI Sspuvisors al u, Coaaiyo
Kamsey!
G.srLExKs A committee Of your body have
called upon us for "a opinion upon topics whic b
may bs stated in he following questions
First. Have the Board Of Supervisors power
under the act Of the Legislature Of the State OF
I Minnesota, entitled IAN act providing for
| Township Organization" to meet and org anixe
| prior 70 the annual meetings fixed by Article
| one, Section one, Of the act for the secon
Monday Of September
Sseosd. Section two OF Article fifteen, prov !
ding that unless tho city shall elect some other
person the senior Alderman Of each ward shall
DO member Of the Board u County Supervi.
sors, can tho city order . special election Of
| Buperyis0rst
Third. Are the County Commissioners with
unsIpired terms Of once superseded by the CT
! referred TOT
Fourth. Can tho Board Of Supervisors con-
pei the Register of Deeds ~ surrender the AT.
chives Of his Office and perform the duties 0f
Clerk OF that Board
We hsrswit submit such On answer o. the
| brief time allowed us for examination VI the
act, and consideration Of the principles inyolv.
cd, will permit
Sections ono and two Of Article sik Of the act
referred TO, provides IN substance that the an.
nuai meeting Of the Board Of Supervisors shall
take place on the second Monday of Scptem.
Der In each ysar that they may hold special
meetings Ut sach times ~ they may deem OK
psdcnt, and shall organize 81 thsir INST meet
'ng.
Whom the language OF . statute upon par
n. II. ..l L.
terms, tho Intention OF tbs Legislature must be
gathered from tho general features Of the no,
1t large. Tho sections quoted are not explicit
The power TO call special meetings 10 unre-
stfiGted, and IN Wow OF this, and other pr0vis-
ions u the law, We cannot but conclude that
the Board may convene and organize ~ soon
~ the ofi,ers are elected and qualified.
Every section oil the oct Is present in its
tense. Section Article Is makes all laws nor
In force applicabls to the County Commission
ers apply 10 the County Supervisors created by
the act, aud sect on ak Of the same Article al.
rogates oil acts and parts OF acts inconsistent
with the act under considerati Article one
Section one provides for tho immediate division
of counties into towns Section three OF .ame
article for making an immediate record of such
division, and for an election on the sc ond
Tuesday Of May 1858. Section ~ reouire, Off.
GERS 10 qualify within ton days after their cleo.
ton, and defines tho term of Office of SaneryI
sors st one year. II II was the Intention Of the
Legislature that tho act should be jnopsratiye
until the second Tuesday Of September. then
preliminary steps " ouId not have been enter.d
At 40 early a day, and some reference 10 the
future would be looked for
But a construction opposed to the view wa
take would DO inc opsistsnt with other imnor,
ant provisions OF the act. For example see one
Article i provides, that every psrsou shall he
as.es ssd In the town In which be re.Iae. Nv
Scc. one. Art. ono, We hays sosn that Tho
counties arc TO be subdiyided into town, on or
before April 9TH, 1863. Soc. two Art. n,ne.
make, IA tho as.rssors duty In ASCERTAIN The
names OF taxable Inhabitants and liz, of tax.
able propsrty bet wssn the 6t.t dav. of Jmns
and July in each year. and Sec. three of The
same article rsouires them Ia c,mnle,e tbel,
assessments On or before the frat tuesday of
July In each year.
Il cannot be- aid that these officers ar. N of 10
assume their daties NJ once. and their dntIrs ara
by the nsecsitics OF tho article oorrelatiye with
those OF thu county Board, In many important
respects which We will not delay to indicate
Gan il DO possible that tho 10 aislature design.
ed TO set In motion portion OF the machinery
OF the new system, and leave imperative tho
remainder until u future day, and If such was
the intention " oud IL have been left "A IL il ia
ob.eurely infetablo from SEQ. one and two of
Art. ak, and oppurns,cd BY the whole ae,r
Seeo,,d We conclude that the senior Council.
man IN each ward OF u city Ia "a member OF the
hoard Of Supervisors until tho next election
held on the second Tuesday Of May, IS5s.
A special election cannot be ordered bee au.e
the word elect, ~ used in Sec. two OF Art. M.
teen, means In our opinion elect under N, PRO
r,s,ons of this act, t. q. at the time and in tho
manner therein provided.
Tnud. The county Commiss, Arc super.
seeded by this act.
All acts AMI parts Of acts inconsistent with
this act ar. repealed.
We are unable TO perceive upon what theory
the County Comm issioncrs can assume to act,
except that they have a vested property In
their Offices which the Legislature cannot reach,
or upon question OF the validity Of all laws
passed at the late session Of tho Legislature
by reason Of the anomalous condition under
which the body convened.
Nothing ia better settled upon prinoipIr aud
aa'noruy WAN uN ." o,ucs o'.a'ea ny statute
n.no'p "'n'n tny so,'''o, ~ VIC .eR,siatu,e'
anu may pc ue'el"''ueu WHOM rsSmu 70 he
,Kp~' 'n'e'cSS w eNP'''a'o"s W 'he ihc"n