Mexico weekly ledger., 1886-01-21

all contested elections.
Sec. ., art. 5 of the constitution
The trial and determination OF
contested elections Of all public of.
whether state, judicial, munic-
ipal or local shall be by
the courts of law, or by II or more
of the judges thereof. And the Cen
eral Assembly shall, by general law,
designate the court judge or by
whom such contests shall be tried.
Again, sec. l., art. 6 of the charter
gives the council power to levy and
collect a tax of one per cent. upon
the assessed value of all the real anu
personal property within the limits of
the city, which tax to constitute the
general fund of the city; while said
tax under sec. IL, art. 10 of the con-
stitution is limited to 0ne-half of one
per cent.
Sec. /, art. 6 of the charter gives
the city council exclusive power to
cause real estate to be SOLD for de-
linqucnt taxes in such manner as
they shall provide by ordinance.
Under sec. $685. of the revised stat
utes delinquent real estate taxes due
the city must he collected under the
general revenue laws of the state and
not under any ordinance the council
may pass.
The above are some of the many
differences Cor seeming differences)
between our present city charter and
the laws of the state. No wonder
our city fathers frequently become
confused and do not know what ac-
ton they should take for the best
interests of those they represent. We
believe you might take a body OF
learned lawyers and they would no,
agree in a number of cases as to the
rights of the city under its charter.
Our charter was passed in March,
1874, since which time the Legislature
has passed many bills, as we'll as the
constitution of the state of Missouri
been adopted, both of which affect
ing in many respects the rights OF
cities of this size; hence the trouble
arising out of the present charter
Is it not necessary and would it not
he better for us to know as neal as
possible III rights under the law WE
claim as our charter?
But some say let us amend oul
charter SO as to avoid all this confu.
sion and trouble of which you speak.
But, friends, under sec. 2, art
IL of the constitution our charter
can neither be extended, changed MOI
amended by any law enacted for tina
special purpose. If We retain it We
have TO take it for better or worse
Not so with the law governing cite.
of the third class, for if that is no
as it should be it can be amended
under the constitution and the rea
son the constitutional convention
prohibited the amendment of specia
charters was in order to bring cite,
and towns under the general law al
soon as possible. They knew tina
By so doing the rights of cities ant
towns would be sooner settled ant
their laws one brought in harmon,
with the laws of the state. Again
city would get the benefit of any de
cision of a court in a case litigates
by another city belonging to tn
same class.
The opponents to the adoption o
the new law dc not urge any incon
~sistencies or conflicts between tina
and the laws of the state, the reason
being, we suppose, because they ceult
find none. Nor is it probable tina
they are likely to find any, becaus
many were interested in the passag
of that law and it underwent a thor
ough consideration and has bee
under the scrutinizing eye of the leg
islature ever since its adoption il
1877. Not so with cur charter
That was passed with onlp one mem
Der interested in it and under th
constitution the legislature could nc
tice it no more.
Some complain of the third elias
charter vesting in the council to-
much power, and We believe this i
about their only complaint.
Now under our present charter tn,
council under their powers coul'
bankrupt the city. But they hav'
not done it, and we have too mucl
confidence in any council the peopl
of Mexico elect to think for a mo
ment that they would under any Law
or circumstances abuse any power
that might be vested in that body
When the time comes to vote ",
hope the people will take the prope
view of Il is.