St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-06-09
1t Seems to Interfere With
Minneapolis Police Reg
ulation.
Josiah Thompson Sr. Dies
Suddenly From Nervous
Prostitution.
DR.. Burpill breaches the BAG
calaureate Sermon OF
Bennett Seminary.
AlexanderJ ohnson, the Hind
Reader, Stands a Sue
cessful Test.

stirred up among local attorneys by the
recent decision of the supreme court on
the licensing of employment agencies,
and as to what the effect of the, decision
will be on the government of Minneap-
oils. The language of the decision is
somewhat peculiar, in that the state
law as to employment agencies is not
in force in Minneapolis, because the
city has been given, by charter, power
to regulate the same. That part OF tile
decision which relates to the state law
and the municipal ordinance reads
thus:
The business of employment agencies
held proper subject of police regula-
ton by the state. The city council of
the city of Minneapolis having been
empowered by special act to license
and regulate that business, and an
ordinance having been adopted requir-
ing licenses for the prosecution of that
concerning it, it is held that subse
Quent general law, requiring licenses to
be procured by those conducting agen-
cieS for the employment of men, did not
by implication repeal the special act.
Now the question arises, since the
law is so held to be imperative as
against the provisions of the charter,
why should not the same rule hold good
in regard to all subjects of police regu-
lation in Minneapolis? Good lawyers,
men who have looked into this question
and considered all sides of it, hold that
this decision does apply to every sub
ject of police regulation as we'll as
to the employment agencies. If this be
the case, and that it is seems reason
able. peculiar state of affairs now eX-
lists in this city. The city ordinances
hold good before the state law, and no
man can be sent to the penitentiary or
to the reformatory if the punishment of
the crime or miSdemeanOr which he has
committed is made punishable under
Mime apolis citizens are no longer
amenable to the law of the state if such
state law conflict with a city ordinance.
Section of Chapter ". of the char
ter of Minneapolis, as amended Feb. n,
1883, entitled "Power to Enact Ordi-
nances and their Force" reads thus:
1.-THE city council shall have full
power and authority to make, ordain,
publish, enforce, alter, amend OF repeal
all such ordinances for the government
and good order of the city, for the sup
preston of vice and intemperance and
for the prevention of crime as it shall
deem eXpedient, and in and by the same
to declare and impose penalties and
puniShments, and enforce the same
against any person or persons who
may violate the provisions of
any ordinance, passed and ordained by
it, and all such ordinances are hereby
declared to be and to have the force of
law, provided that they be not repug-
nant to the laws of the United States, or
this state; and for these purposes the
said city council shall have authority by
such ordinances: cThen follows the
enumeration of forty-four special mat
cred to regulate by ordinance.)
Among these subjects of police regu-
latiou come employment agencies, as
we'll as intemperance, prostitution,
gambling and many other forms of
crime. Since the Minneapolis city
council, as stated by the supreme court,
has the power to regulate the conduct
of employment agencies, to the eXclu-
sion Of the operation of the state law,
it has the same power with regard to
the other forty-three subjects of regula-
ton. To illustrate:
The charter gives to the city the
power to regulate the keeping of houses
of ill-fame. There is also a state law
against the running of houses of prOSti-
tuition, but, under this decision, that
law is imperative. Only the municipal
ordinances shall obtain. Hence it is
difficult to all how Lena Leppla can
ever be legally prosecuted in the dis
trict court for having kept a house of
designation. The prosecution against
DoI,1h Dn0c fnr rQnfInn prnmiCnC
which, it is alleged, he knew were to be
used for immoral purposes, must like
wise have been illegal and without war
rant. There can be, then, no more
prosecution of immoral persons under
the state law. The only punishment
that can be melted out to the madames
of First street will be the sending of
them out to the wOrkhouse.
Moreover, under this decision. the
houses of ill-fame, should the council SO
desire, could be licensed, and such
licensing would be legal. That it would
be has already been decided. In the
state of Missouri a decision has been
rendered which held that state laws
bore the same relation to the city of st.
Louis as the Minnesota laws to the
city of Minneapolis under this de-
cision. After that decision had been
the city of st. Louis introduced the SyS-
tenn of licensing prostitution. The mat
ter was carried to the supreme court of
the state and it was held that, under
the former decision, such licensing was
legal. So there is nothing to prevent
the licensing of the houses of ill-fame
in Minneapolis.
Under this decision, too. the Scheffer
law Oh drunkenness has no weight in
Minneapolis. The state can not punish
a man for drinking too much. The city
ordinances alone prevail. The same
holds true in relation to gambling.
There is state law against gambling.
but it does not apply to gambling in
Minneapolis. Here, again, could the
licensing system be introduced. If
the gamblers would secure the
passage of an ordinance imposing
a license fee upon the men who look
after the LAYOUT" the ''wheel" and
other devices, they could pursue their
vocations. wax fat and hearty and pie
thoric of purse, and snap their fingers
at the grand jury and the county attor-
nev.
There is another matter which the
CITY council is given power to regulate.
and that is all Of the Mississippi river
that lies within the city limits. The state
of Minnesota, if this recent decision
be construed Alright, has no authority
over the Mississippi river within the
city. The city, and the city alone. has
the right to regulate the construction
of piers, docks, and wharves, and to con-
troll the river absolutely. The city also
has the power to regulate the inspec-
ton of all sorts of provisions. If milk,
butter and cheese are provisions"
as they are usually considered, Dairy
Commissioner Howard has no business
fooling around Minneapolis and hold
ing up milkmen.
But it is needless to enumerate. and
space forbids it. However, any one who
reads the recent decision of the supreme
court and charter of Minneapolis on
that part relating to- powers conferred
upon the city council will readily UNI
derstand that, as the matter stands now,
Minneapolis criminals, except in few
cases, are not amenable to the state law.
The council and the municipal judge
seem to be supreme in Minneapolis.
Universalist Convention.
The tWenty-ffth annual session of the