The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-03-17
Several Citizens Express Their Views
for and Against the
Charter.
Two Lawyers ExpFess Opposite
Views az to the Consti-
nationality.
Mr.. Smith Says the Charter 10 Legal and
Ex-Governor Carpenter says 1t
10 not.

Auu Olxtu WdTu6, WulI6 tuc OuuoI W0ruh are
by no means neglected. These two wards
are usually the scenes Of more active strife
in city elections and are therefore the first
to receive special attention. The men OPP
posed to the adoption of the charter are
sparinR no efforts to defeat it and thus far
have shown much moro activity than the
friends of the measure. The Office holders
appear to have a good deal of interest in
the defeat of the charter. The election
will occur next Monday and a larger vote
will be polled than is now anticipated.
The constitutionality OF the bill has been
discussed. Opinions on this subject are
divided. Hon. Robert b. Smith, who was
on the commission, said yesterday: II
have not the slightest doubt that the pro-
posed charter ia constitutional. / have
gave this phase of the question much study
n am confident that the charter is
legal in every way. The point raised Is
found in section % of the constitution,
which prohibits special legislation. This
in the Colorado constitution. The supreme
court Of that state has decided five times in
support of the view that a new charter can
be created as it is proposed to create the
present new charter of Helena.
! believe the charter on the whole is an
cACOllouU Iu0d6uI0 Nuu buOulA OO 0OOpUc0.
There are some features open to criticism,
but in its entirety it is most desirable for
the good of the city. One of the excellent
features is the provision for taxing abutting
property for improvements. This throws
the cost of the improvements on the prop
erty holders. 1t therefore occurs to me
that the workingmen who are opposing this
are standing in their own light. Another
good point is the provision for %appropria-
tions at the beginning of the year. By this
method so much money will be placed in
hand for expenditures and expenses will
many other good features to make up the
charter. 1 hope it will be adopted"
Ex-Governor B. Platt Carpenter takes
another view of the matter. He believes
that the charter is clearly unconstitutional
because of the section in the constitution
referred to. The clause which prohibits
special legislation is as follows: 1.-The lcgis-
lative assembly shall not pass local or
special laws for n y y creating offices
or prescribing the powers and duties of
officers in counties. cities, townships or
echool DISTRICTS"
IA recent number of the Pacific Reporter
contains a case in illustration" said Gov.
Carpenter. 1.-The California legislature
passed a bill permitting the Sacramento
council to employ more policemen. Thu
state, where it was decided that the bill
was unconstitutional, because it was an
act of special legislation. Now, the section
of our constitution on this subject reads
verbatim as that OF the constitution of Cal
ifornia. There ia the point. think the
features. There is considerable limit to
the powers delegated, and l think it is a
matter of doubt just where the limit is to
taxation.'
Alderman Marcus Lissner was a member
of the commission which framed the new
nhQ rfcr hint Ooonn1 In mt with tho 0&hncc
when he found he was in a hopeless minori-
ity. He says that it was against his wishes
to have the mayor elected every two years,
instead of annually. ut should be one
year." he said, then if he is a good man,
whether a democrat or a republican, we
made a mistake the sooner we get rid of
him the better. Another objection is that
it is a corporation charter. 1t is an easy
matter to handle three members of the
board of public works. when you annot
get at fourteen councilmen. The expense
Of this board for salaries, office expenses.
clerk hire, &C., will be not less than $4,000
a year. Another objection is that it gives
them the exclusive right to appoint all the
officers they want. It provides, among other
things, that no relative of my of the mem-
bers of the board can do any work
for the city. This will cut off many of our
good Taxpayers and force us to go outside
for men to work on the streets. As to the
election of councilmen by the city at large,
that is another bad feature. You will find
an element in this city which, if all stand
together, will be able to carry anything.
The democrats and republicans make their
nominations. This element springs up and
puts out a ticket calling the nominees indie
pendents. The man from the First ward
don't care whether he carries that ward or
not SO long as the people from another ward
elect him. Where the ward alone elects
this would not be done, The city is too
small for this thing just now. 1t will cost
a dollar for every man, woman and child
here to run the board of public works. 1t
will give US three bosses. ! I'm in favor of
letting the city defray its expenses every
year, and wanted to have the levy 10 mills.
city government. Why, we inherited
our debt from the former administration.
otherwise we would have come out even.
What right had the commission to say that
the city should not have more than seven
wards. Some Of them might grow very
rapidly. and need division. That might be
left to the people"
"There are things in the new charter
which l like" said Alderman John w.
Thompson, land there are things l do not.
u is true that went before the Lewis and
Clarke delegation in the legislature and OPP
posed it, principally on the ground of the
expense connected with the board of pub
lie works, which as the bill then stood, was
about $4,000. and certainly not less than
5000 a year. As it is now the expenses
cannot be over $1,000 a year and it is not 80
objectionable. But we must remember that
even if it is adopted, it is not necessarily
perpetual. IT can be altered or repealed in
two years.. If adopted, however. IL should
be given a fair trial"
II believe in no taxation without repre-
sentation,' remarked Col. w. L. Wheeler,
land for that reason am opposed to the
new charter. The councilman elected
from my ward by the people of the ward
can represent the whole city just az we'll az
il chosen by the people at large. 1t is the
principle we fought for in the revolution
ary war. Another reason why / am OPP
posed to il is because of the power placed
in the hands of the board of public works.
1t is a corporation charter and will turn the
city over to the railways, the electric light.
the telephone and the water companies"
Editor Douglass, of the Saturday Graph
ic, says at the present time he ia i'll favor Of
tho new charter. He had found laboring
men on both sides of the question, hut
knew OF no organized movement either way
among the w%orkingmen.
1T is a good thing says Bernard Brown,
land it is time that we arranged things so
that there shall be no di lision of RESPONSE
bility, and that We should have people who
would give more than a cursory attention
to business. All the opposition comes from
those who want to be able to promise some,
body something.
Rodgers celebrated knives and forks mt actual
cost, at The Bee Hive.