The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-11-23
Considering the Matter of Incorpo-
rating Helena Under the Gem
eral State Law.
The City Attorney Thinks 1t Better
Than Amending the Present
Charter.
Charges and Crosse Charges in tho Police
Department to be Investigated by
n Committee, Etc.

general law Of the state OF Montana passed
in Disappointing for the incorporation of
cities and towns. The matter of amending
the city charter so az to meet the needs Of a
growing community was brought up in the
council some time ago and referred to n spe-
cial committee consisting Of City Attorney
sydney II. McIntire and Aldermen Fuller,
Lissner, Hundley and Morris. The COM
lnittee had several meetings, but. on the ad-
vice Of the city attorney. concluded that
their work, even II persevered in, might
amount to nothing. and that it would be
better to reincorporate under the general
law, the same as Butte. Great Falls and
other places. The reasons for this conclu-
sion are best explained in a communication
read to the city council last night by City
Attorney MoIntire. He said:
1.-The matter of revising and amending
the present charter of the city of Helena
was recently referred to a commission. and
was considered Mt two meetings. AS chair
man of the commission, and the legal ad-
visor of your body, / wish to submit GER
tain Views on the law involved.
The city of Helena was incorporated by
special act of the legislature of the terri
tory of Montana, in 1881, and the charter
has been several times amended. In the
year 1887 the territorial legislature passed
a general law providing for the incorpora-
ton of cities and towns. This latter law
applies to all the cities and towns of the
state, and has been adopted by many of
those corporations in preference to their
special charters. The constitution of the
state Of Montana was adopted in the year
1889, and is our highest law. Among other
provisions contained in it are these: Article
" Sect. 90. The legislative assembly shall
not pass local or special laws in any of the
following enumerated cases. that ID to say,
regulating county or township affairs,
creating offices, or prescribing the powers
or duties of officers in counties, cities,
township or school Districts. In all other
cases where a general law can be made ap-
plicRble, no special law shall be enacted
1.-The existing charter ia admittedly de-
feotive in many particulars and does not
-. meet the requirements of the city or Hell
ena in the powers G anted. Revision or
amendment of II, If possible, should be
made. But the work delegated to your
commission that ia to draft amendments to
cover these defects in the charte'. to be
passed by the legislature, if they should be-
come a law would be within the constitu-
tional prohibition against special or local
legislation. 1t would be necessary for your
commission to create new offices and IRE
scribe the duties appertaining to them. For
example, the office of city attorney should
be separate from that of CITY clerk, not
united with it as at present, and the duties,
of course. ditferent; to invest the city conn
Gil with additional powers in the matter of
street improvements, special assessments.
general taxation, and regulation OF the city
finances. A new special charter could not
be passed by the legislature; and it IS equally
clear in my opinion that the amendments
to the old charter necessary for the city
w0nid ha eUnAlly unconstitutional. IhiS
question has come up repeatedly and been
decided by courts of last resorts i'll many
states.
with such a question az this in the way,
it looks as though any work OF the commit
tee appointed to prepare amendments
would be wasted, with the possibility of
the legislature refusing to pass the bill. or
the governor vetoing it il passed. or the
probability Of the people defeating it at tho
polls. as was dom to the bill passed March
s, 1891.
"'Where a general law can be made ap-
plicable no special law shall be enacted.
The general act of 1887 has been adopted in
other cities; seems to work we'll. and | see
no reason why it is not applicable to the
wants of the city of Helena. special chat
generally considered best to have laws of
uniform operation throughout a state.
Judge Dillon, the most eminent author ly
on municipal corporation law in this co I'M
try. says: Genera incorporation acts.
rather than special charters. would seem
clearly to be the best method of creating
and organizing municipal corporations
First, such acts tend to prevent favos itism
and abuse in procuring extraordinary
grants of special pows 8. Second. they Sc
cure uniformity of rule and construction.
All being created and endowed alike, real
wants are the sooner felt and provided for
and real grievances redressed.'
with such authorities az those above
cited to uphold my views, l am of the
opinion that the attempted amendment
would be unconstitutional; and even if the
legislature should pass the law sought, the
amended charter would be defeated at the
polls; and We can do but one of two things:
either continue unds cur present charter
or else organize under the general law. All
the details of abandoning the charter and
making the change are provided for in the
laws of 1887 as amended in 1883: and |
shall cheerfully explain the matter to your
honorable body If desired.
THAT the counoi should not act hastily
In this matter, l submit my views herein.
and if there is any doubt about the correct
ness of tho Legal conclusions stated, l am
willing that it should be submitted to any
lawyer or lawyers of prominence in the city,
for an opinion.
Upon my advice your commission has
concluded to do no further work On the
charter until the matter has been submitted
10 your uOuurdDle DoQy as uei elu Seb IOTbn,
and action thereon had by you."
AT the request of the council the city at
torney explained in a general way the pro-
visions of the general Incorporation law.
1t divides communities in classes as follows:
those having a population of 5000 or over
are cities of the first class; those with from
1,5O0 to 5000 people are cities of the second
class; and those having from 300 to 1,500
are towns. Helena would naturally be a
city of the fi,st class, with the following
officers: Mayor, city clerk, city attorney,
city treasurer, city marshal, police magis-
trate. and two aldermen from each ward.
The city is limited to ten warda. The sal
nry of the mayor 10 fixed at $50; now it ia
5000. I he aldermen receive S3 Ter meet
ing but are allowed to hold five meetings a
month, instead of being limited to two
meetings at rs each as now. Another diff
ference ia in the terms of city officers,
which unde the general law are two years
each. This, the city attorney thought. was
an advantage III itself. The mayor, the
city attorney, the treasu or and the alder
men are elected. The Inter, on reincor-
poration, will draw for the one year and
two year terms. The city attorney said
chat power was given by the general in
corporation act to do all that could be
matter of taxation the city ia now limited
to 81 mills. The general act allows II
mills. The city treasurer does not col
lect the taxes under tho general law Tho
county assessor c~ertities to the Il easut OF
the amount of taxes to DO collected for city
purl oscs. When the county treasurer col