The DeSmet leader. (DeSmet, Kingsbury Co., Dakota [S.D.]) 1883-1891, 1886-04-24
The City Charter.

DtlOIe Young upon SO important
matter it seems we ought to have for
examination few fully printed copies
or the charter for voters that they may
learn what it is. One copy, partly in
print and partly in writing is the only
one to be seen, but from this copy it
appears that i'll all prosecutions under
any ordinance the case must be heard
by the city justice and no change of
prsonment is by law part OF the pun
ishment (sec. 25), and where the judg-
ment is not over $40 there can be no
appeal (scc. 27). In other words the
charter turns one over to the tender
mercies Of city police magistrate, who
may be a bitter enemy and he has him
where he can vent his malice on him
beyond any power to escape. After look
ing through English history and seeing
what battles were fought and how our
forefathers struggled for recognition
Of human rights against the power OF
arbitrary oppressors, it seems strange
if in the nineteenth century we are
ready to put ourselves in the power OF
any one man in this way. 1t is un-
usual and unwise. If the magistrate
rules enormously in one case whether
for the city or against it, he will nat
urally follow the same course in every
similar case. and when shall we ever
obtain a judgment of a higher court
correcting the error? We never shall,
and must go on suffering from the same
erroneous action Of the magistrate till
he is retired. We may have an excel
lent magistrate. but uncontrolled power
tends to lead to oppression; such is
human nature. Change Of venue, jury
trial and the right OF appeal are priyi-
leges which the experience of centuries
has taught are necessary safeguards to
the personal rights Of the citizen.
Each ward constitutes an election
precinct under the charter, and it re-
quires the services Of fifteen men as
judges and clerks to hold every election
in this little town. Do you want this
sort of a humbug?
A poll tax of two days. work or S2.5O
cash must be paid every year by every
man between q and 80, and payment is
enforced by execution from which there
are no exemptions, and further, men
may be compelled tOwork on the streets
with ball and chain attached to their
legs. Not necessarily ball and chain
the charter says - weight and chain. "
| 1t might be square iron-perhaps a
blacksmith's anvil would be sufficient
for an ordinary tax payer to drag
through the streets while working his
poll tax and costs.
For the purpose of building sidewalks
special assessment may be made upon
the lot benefited and the lot sold, or a
suit brought against the owner "and nc
property shall be exempt from execu,
ton for the collection Of the judgment
and costs in such cases. These are
the words of the charter. Is debt fol
a sidewalk Of so much more Importance
than other debts that tie sheriff may
enter your house and take the bed your
children sleep on or the last loaf OF
bread you have to pay the debt? Such
is the provision Of the charter. Side
walks ought to be built and the people
of De Smet would have been compelled
by the Board of Trustees probably be-
fore this to do better in this respect hat
the Board not realized that this is {
new country and there is little money
here so that we have had to bear will
each other for time and endure some
inconvenience from poor walks rathel
than to Cypress men who are struggling
under a heavy load. 1t is right II
assess a lot for q sidewalk and sell it i
not paid, as both the present law ant
the charter provide, but ought we t.
take upon execution the last thing
man has in his house? The charter il
absolute in it's language-'no propert.
shall be exempt"
The meanest thing in the charter
will mention next week.
J. A. OWEN.
April %, 1856.