St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-02-07
WHO'S AFTER MYERS?
Indications Point to a Pos
SibIe Hunt for the War
denis Scalp.
Demand for a Legislative In
veStigation OF the Re-
formatory.
Attorney General Childs Rem
ders an Opinion on City
Charters.
Several important Bills Rec
commended for Passage
in the House.


Myers. of the st. Cloud reformatory.
One week ago today the far-Seelng
politician who planned the reformatory
scheme on paper and secured its reallZa-
ton through the Legislature, in order
that he might be provided with posi-
bic life Job, left St.Cloud Oh the earliest
train for st. Paul. He was up and I'M
patiently killing time long before the
hour Of departure. In the hotel lobby
! he admitted in roundabout way that
some one, was endeavoring to under
mine him. The intimation was also
| conveyed that the superintendent
would not be surprised if Chief of Po-
lice Albert Garvin, of st. Paul, was
found to be at the bottom of the matter.
AS the thing stands Myers cannot be re-
moved except on vote of the board OF
directors. He has taken good care to
minimize the danger from this source,
however, and unless well defined
charges can be sustained against him
the reformatory chief may yet realize
| his early dream of & nice, soft "st' for
| life
| Charges have, however, been sprung
| as to fragrant abuses alleged to exist III
| the st. Cloud institution. Official no.
tice of the fact was evidenced yester-
| day, when Representative Cairns intro
| duced in the house concurrent resoln-
| ton providing for a committee of five,
| two senators and three representatives,
| to Investigate charges touching the
abuses at the st. Cloud reformatory.
| The speaker named as such committee
| on the pal t of the house MeSSrS. Cairns,
| Fuller and Skinner. If the senate con-
! ours a meeting Of the joint committee
will be held at once and steps taken for
| an immediate Investigation. 1t is gen-
orally as easy to extract blood from a
| stone as to drag from behind prison
| walls any evidence of Wrong-dolng on
the part of those in authority. This
investigation may rot develop much;
| then again it may reveal enough to put
Mr.. Myers on the shelf and make way
| for some other good man and true.
Cities Can Ese Classified.
One of the first papers read in the
house yesterday morning was the fol
| lowing communication, which explains
| ITSELF
ATTORNEY GENERALS OFFICE, Feb.
6. Sg3.-HOn. w. E. Lee. Speaker of the
House of Representatives L have
the honor to acknowledge the receipt of
the resolution adopted by the honorable
body over which you preside requesting
information responsive to the two fol
lowing questions:
Whether the legislature has the
power,
First-To arrange for the organiza-
ton and classification OF cities i'll sew
eral groups based on the population OF
cold cities as shown by the official cen
sus.
econd-To enact measures for the
government Of and applicable only to
cities of one or more classes, and to
enact other and different measures for
the government Of and applicable only
to cities Of one or mole classes?
Replying to the first question sub
mitted, have the honor to state that i'll
my judgment the constitution clearly
cOnfers upon the legislature authority
to classify cities for the purpose OF APP
proprate legislation into such groups
as will subScrve their best interests. as
we'll as those of the state. While find
it necessary to employ so general a
statement in answer to your first in
Quiry, it must be received With certain
qualifications to which your attention l.:
respectfully called.
.ir weight of authority in the con
struction Of constitutional provisions
similar to the one now in question sup
norts classification to a limited extent,
based upon population alone. But such
c1u>s lhcatiou must rest upon necessity,
and will not be tolerated when display
ing merely an arbitrary exercise of leg
islative power. 1t must be based upon
a necessity springing from manifest
peculiarties, clearly distinguishing
classes, and impartally demanding leg
Islation each class separately that would
be useless and detrimental to the 9TH
ers." The needs OF great cities, as dis
tinguiShed from those OF smaller towns,
are almost universally recognized by
the courts of this country as adequate
reason for appropriate classification.
While geographical situation is not
properly a basis for classification, it
might, in connection with other natural
ana peculiar conditions, in very rare
and most exceptional instances. afford a
basis for the formation of class. But
such circumstances, in order to avail for
this purpose, must be so pronounced
and manifest as to command Judicial at
tention. 1t follows, therefore, that the
legislature will never adopt AS basis
for classification other than undoubted
and controlling facts and circumstances.
The state of Pennsylvania has incOr-
porated into its constitution provision
Identical, for all intents ana purposes,
with the one the purpose and scope of
which is now under consideration. Yet
the courts of that state are disposed to
deny the prOpriety Of more than three
or four classes or groups of cities, and
| eVince in their recent decisions pur-
pose to recede from the more liberal
views to which they had become com
mitted at an earlier day. Other states
some more conservative. yet none more
liberal than Pennsylvania, admOnish to
guarded Legislation upon this subject.
1t may be safely assumed that the vari-
ETY. in the conditions Of the cities of this
state now admits of their being grouped
into limited number of classes. Few
would presume to place the number
above four; many would stop at three.
In view of what have already said,
it will be needless to dwell at length
upon your second question.
A classification having been properly
made, appropriate measures may be
enacted by the legislature applicable to
particular class without offending
against the constitution. The rule has
been well expressed as follows:
"a law applying to certain class of
cities, fixed by previous legislation, into
which other municipal corporations may
enter, and from which they may pass
into other classes, by increase of popu-
lation, is not special. but general, since
the grade of any particular city is not
designated by the act, but depends upon
its growth in population. as it may by
such growth pass from one class to an
other. The mere fact that there are a
. limited number of cities, or even one
only, having the specified population
which is necessary to the cities within
the class. does not necessarily render
the act unconstitutional"
Your second inquiry is, therefore, an
sWered in the affirmative. | am, very
truIv vnurS II w Gum