, 1875-07-04

persons who shall act as judges At such clectiUn bu
il four Sop The Provision IN
minority representation follows in tue sixth sertien
AIT. "; hut aprrehend it nakea no differing
srsat precisely sha szms as il iniespofe4 tlise
after Sec. !, ART. I, and shall read and put con
s;aa Il h q isns i i Tsssts2 M s
shall be submitted to tue qualified electors Of any cit,
for adoption there shah bA submitted at the sam,
ty representation In the City Council legislative ar-
hority ofauch cty At the said election the ballot
shall b. IN tho following form For minority repre-
representation III the City Council And At any sub
ss9uen time, OIL petition of the legal equal IL
number u oue-eighth the number legal votes
next preceding general city election the City Coun-
Gil shall cause the question Of minority representation
DO submitted to the legal voters of said city and the
ballots shal 10 In form provided in tins section
h. submitted 1noro than once IL every years"
designed Tue to TIT t. .s .a,' what:
to he rsqutrsd'by the Mayor anu Common Council in
the question to ye:e Of The e!ee,ors Of TIE
have tecn adopted by tie Legislature. Tire irst sec-
hon provides that it sha he the duty Of tne Mayor
time aud places for holding the election etc. and that
such question shall not be submitted oftener than oco
four seaEs whenever the act sha1l be submitted to
the rosets Of tha city for adoption. To city existing
under an old charter there shall he submitted 1t The
sonle time for adoption or rejection the que.uan OF
l
TH1s LANGUAGE Is PrA1N,-
At least it sounds to my ear. II nothing Was to be
done BY The Mayor aud Common Council tn the u2tter
Of submitting this question in regard to manorty
representation, obviously more appropriate phrase
oluFy would lave been used. The language There
shall he submitted at the time and 50 on clearly
enough to mind Indicates that there Ia to be actiou
upon this question by somebody in submitting the
Qleaon to the people; and by whom III that action
It is to BE- borne in mind that the trainers Of this
statute contemplate that the first attempt made to in
eorporases ei:y existing under an old charter under
attempt fails another may be uade at tho
expiration Of four years. hut tho Legislature peoydea
that Ehensser this act shall be submitted, whether At
the FIRST sccond, third, any subsequent attempt,
there shall be submitted at the time this question
OF minority representation. CounEel On the part Of
terms here stated that this sub,iEslon shall he by the
Mayor and Common Council, and because this proris-
ion appears n subsequent clause, for that .a
statute ullst be considered seHexecuting, inas1uch
as III tho trst clause 1t does not say By whom the
question shall be submitted. It may he well to refer
to the general scope Of this statute III asccrtaning
whether there is any force in the argument or not
It provides not only for he rencorporatton Ut cities
already existing by virtue Of their present charter b.:
1000 inhabitants in the 6tate anu fur the ineorpora-
tton at Of contiguous territory not exceeding
square miles having resident population Of not less
than 600 Inhabitants Now, 1t is to be observed that
where sRch contiguous Territory makes application to
bacoma1noorporaed ~ city, the mode Of proceeding
is necessarily different 70 that which taken By towns
and cities The application must be made the Couu-
~ Court and the notice OF the election ms b. given
by the Judge, there being no existing city
also to 10 observed that Tits provision in rerarl
to minority representation does not apply IN such
case In the rst instance II the people Of contigu
ouB territory deairs to become Incorporated cisy,
they cannot vote, at the time they vote upon such
Question Of incorporation, upon this question Of MI
uorty representation, because By the tera Of tho Sec
ton it Is confined to existing cues- Whansyer this
aet shall be submitted to the qualified electors OF any
city for adoption" ia, any existing city" there
rE~j
queut time, when this contiguous territory shall have
been thus Incorporated and become city petition
Of ths sssl +,s ,oers to the number Of
general election, tbs City council-ths city
having become organized under this act-shau cause
mtted to the electors, provided the question shs not
be submitted more than in every tEo yaars.
There ia propriety in this being specially mentioned
in this connection do uot therefore, see the fo1ce
ot the Argument. Again,
IT Is NOT REASONABLE,
to my mind, TINT the Legislature should have pro
vided for the submission of the question OF ncorpora-
ton. pointing out BY whom the submission ahau BE-
1nade, md the mode by which 1t shall be
done, bS the Council aud should have at the same time
left this question Of minority representation to take
Its chances It seems 10 that there il quite N much
prorriety that this question should bo submitted
have fui opportunity and time to become acquainted
with the Importance Of the measure which they
are expected to cast their votes, npon the other
adopted the legislative body Of tho city Is constituted
in manner materially differing from what 1t stf ~
jected- aud very import.ut section, providing fur
tho districting Of the city and the qualification OF tue
Aldermen under tie minority clause, II minority
ia rejected becomes Of torre whatever
but II it Is adopted then that beeomes part Of tho
organic law. It Ia part then, Of tho chnrter Of tne
city upon which the people called upon to vote.
lont think the Courts are called upon to adopt
!oqse construction Of this st1tute It seeus to ma
hatwhen the people called upon to express their
opinion by vote upon question Of this importance
shen they are 70 determine whether they shall lsy
which their municipal affairs. their rights, civil and
Jolitcal. far connected with the 1Inic Ipaiity,
'aro been controlled for many years past-wen they
re called upon to lay that charter aaide, and adopt
untried experiment, every reasonable opportunity
hold be given them TO net inteligenty, and to be-
0 vote. And T. don'r think the Court would bs
uatiaed in adopting loose construction Of !
ais statute-o leave question q 10 great import
take is chances OF the people becoming acquainted
ith the nature Of the measure upon which they are
lat question before them not Undoubtedly this
ueston Of minority representation In tho minds of
'e citizens might be the primary reason for adolt
g the act Of 1872 with others. Of course Il would 10
tfe1ent. At ali events, 1t quits clear to my
ind thas the people should be informed, and That
10 sa1ne foruAnty the question Of adopting | ,
becoming incorporated under the act, ne- | Y
use it is . part Of the. system. And :
is statute over that It vas tho intention Of The Legs
ture that this question should be submitted by the
ayur and Common Council at tho ttne that r
. question Of adopting the act was submit ! +
i. That being the csse, think This demurrer must
carried back and sustained to the third ples. lam d
tisied that 1
THE REPLICATION Is BAD.
this plea had III any form expressly stated that this Il
estiou OF minority representation submitted 20
people, this counsel fur the peopfa might then have
what would seem to have been their IT
t by setting FORTH they have done here tho res-
ltion md the notice, a7eEEing that that vas the
ly form Of subnsaion, and then made q
pecal traverse raversng the fact Of the submission
tho question would then have besn fnir!y before
Court to decide whether not this resolution ard
lice amounted to submission OF t1s question uf a.
nority representation. This view that taks Of this
estiou renders 1t unnecessary tor to proceed -
ther in reference to the other repncations hare u
keG them through NTH care, and it seems to
that the pointa taken by demurrer aro sound in 81
respects. but It not necessary for to express
opinion upon them in detail The demurrers on a,
aH the people to tho first aud second plea are 4,
tanned, and the demurrer by the defendant to the
replication il carried hack and sustained to tho =
ID pies. u
TIE NEXT STEP. AZ
Il. Root-What is the order OF the Court % ~
The demurrers to the other fve rspiioations? ~
he Court don't think it is necessary for
to make any. In
H. Root-The third plea fs out Of the csse, 90 :,
there is an issue Of record now to bo dis - -
ed nf The affect en far ia tn eliminate this | -