St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-10-27
II BEARS The TEST.
West Duluth Has the Right to
Sell Bonds for Public I'M
provements.
In Appeal Growing Out Of
the Duluth Fight in the
Last Legislature.
a Variety Of Legal Points
Passed Upon by the State
Appellate Judges.
fire Commissioners Call Upon
Mr.. Lowry for Damages to
Hose Cart.

An important decision was reached
by the supreme court yesterday. 1t in
Polved the conStitutionality of the in
corporate act of the village of West Du-
nth. besides the legality OF the bonds
hat had been sold by the village for i'm
provemeut purposes.
The struggles between the village of
West Duluth and the city of Duluth
proper in the last legislature are still
fresh in the memory Of the great ma
iOrity of the people of the entire state.
West Duluth, through Representative
Boyd, introduced bill in the house for
municipal corporation. The bill
act with the most strenuous oppO-
sition from Duluth for the reason that
he people of the city anticipated the
lay when it would absorb the suburban
Town, were there no municipal Organi-
Lation to interrupt such a course. After
= spirited and protracted contest COM
promise measure was reached in the
passage of an act relating to villages of
over 5000 population. West Duluth
was the only village in the state that
could come within the specifications.
and, therefore, was the only village af-
fected.
This act promised the issue and sale
of bonds for improvement purposes.
and this very feature OF the bill was the
object that the village sought. In the
course of events the village officials.
under the authority of the incorporate
provisions, advertised the bonds of the
village in quite sum for sale; but there
were certain people who contended
that the act was unconstitutional,
and brought an action 10 restrain
and enjoin the officers from
the sale. A conditional sale was made
therefore. The case came to the su.
deI overruling demurrer to the COM
plant.
Two questions were presented in the
case-one being as TO the constitution
ality of an act OF the legisla-
ture relating TO villages of over
5000 population. and the other
involving the construction of por-
ton of section of sub-chapter 8 of
the act, which is devoted to the matter
of local improvements and special as
seSsments.
The plaintiff contended that it was in
conflict with a portion of the fourth
article OF the constitution, prohibiting
the legislature from enacting any spe-
cial or private laws in incorporating any
village. etc. 1t was not claimed that
the act shOuld have been general so
as TO include all villages in the state !;
nor was it urged that the legislators
were not authorized TO classify villages
and to legislate for each distinct class.
The syllabus follows:
Eveleth W. Mccormick, respondent, against
Village of West Duluth ct al. appellants.
Order affirmed. COLLINS. j.
Tristan act of the legislature of 1891 en-
titled An act relating to villages of over
5000 inhabitants. and providing for munich
pal courts therein now Chap 146 Gen.
Laws 1S9t-is not unconstitutional.
Second-Where the first clause of a section
in an act of the legislature conforms TO the
obvious policy and intent of the legislators,
as elsewhere indicated in the act, 1t is not
rendered imperative and void by a later in
consistent clause which does not conform to
this policy, and intent. In such cases the
later clause is nugatory and must be disre-
garded.