St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-01-05
The Recent Amendment Makes
Legislation Very Dill
cult,
And Corporation Attorneys
Renew Their Talk OF z
the Situation. n
What General Law Can BE
Drawn to Meet the Ex-
igeney?
Every Minnesota City Has
Some Little Wish OF
q
Its Own. }
-

Municipal corporations find them
selves in very perpeXing predica-
ment because OF the amendment to the
state constitution voted at the last cleo
ton prohibiting special legislation.
Unlike Wisconsin and certain other
commonwealths that have taken like
course, the Minnesota legislature, when
providing for the amendment, failed to
enact statute that would cover the
eXigency pending a general law that
will afford relief to the different cities
in the state.
Yesterday the various city attorneys
of the different cities Of the state held
their second session at the city hall to
decide upon some certain line of action.
These attorneys. or officials, find them
selves confronted by rather reconcile
problem. They find that the needs of
different municipal governments are
far from being analogous. For illustra-
ton, law that will serve Duluth will
conflict with the needs of st. Paul.
Still, Duluth has taken the initlatOry
in framing a bill that will apply to the
administration OF city affairs. In other
words, City Attorney Smith, OF that
city, presented bill at the meeting
yesterday for adoption that Mr.. Smith
asserts will please the conditions at the
Zenith city. 1 -
Prior to the reading of this measure,
City Attorney KeelY,. of Faribault,
went into a minute dlSquisition upon
what his city will expect. Faribault is
| in a-pecaliar position, he said. There
| is project on foot there TO purchase a
water works plant, but there is no way
| in which the city can bond itself to meet
| the expense until the legislature passes
| general law that will meet the apprO-
| baton of all cities in the state. The
| conditions i'll Faribault are so different
| from those of some other cities that
| there is danger of the entire session OF
| the legislature passing without results.
| The plan is to pass a law allowing each
| city, through its council, to bond the
| cities for the purpose of raising funds
| for permanent improvements, not to
| exceed 5 per cent of the assessed valua-
| ton of the taxable property OF the
| cities respectively. Mr.. Keely doubted
| if the per cent would be ample i'll the
| case of his city. The water works, for
instance, may cost more than that
| amount would provide. Passing to an
| other phase of the matter MIR. Keely
| deprecated the proposition that hat
| been incidentally made to 20 to Illinois
for form that will cover the case IN
hbited special legislation. but MI.
Kelly maintained that the
Conditions Are So Different
| there from those that the legislature
| here must contend with, that grave mis-
| takes are more liable to be made i'll
copying too copiously from the Illinois
laws. He believed that Minnesota has
| the talent and skill to frame her own
| laws without borrowing. Most cities,
| in the matter of issuing bonds for in
terHal improvements, will insist upon
submitting the same to a popular vote
| OF the people rather than delegating
| such sweeping powers to city council.
City Attorney Kinney, of Lake City.
took issue with some of the views of
| Mr. Kelly. He disagreed, for instance.
upon the point raised that nothing
| should be copied from the laws of other
! states. Knowledge, said he phllos0ph-
! icalIy, is the light of tine past. The
| code of this state in civil procedure is
| copied entirely from the New York
| statute. The speaker urged that bill
| for the Immediate Keller concerning
days, and that more mature deliDeration
may then be given other and more gem
eral provisions that will be needed. He
argued in favor of the appointment OF
commission for this purpose.
Mr.. Smith, of Duluth, here introduced
his measure alluded to above. The city
councils are given the power to sell
municipal bonds for permanent i'm
provements not to exceed per cent Of
the assessed valuation of all the taxable
property of the city by tWO-thirdS
vote. Should the council fail OF this
| two-thirds vote, then the matter may lie
submitted to popular vote of the peo-
| pie. One of the unique provisions that
! relate to any other city is that for a
bridge and tunnel fund. He explained
| that lying in Lake Superior is strip of
| land seven miles in length and about a
| half-mle in width. The purpose is to
| occupy this strip of land for manufact-
uring industries. A canal separates the
| same from the mainland, and, as the
! government refuses to allow the con-
! struction of a bridge, it is proposed to
reach the strip by tunneling, and the
! tunnel will be made accessible to both
| steam and street cars. All companies
occupying the tunnel must pay certain
| SuHlS l6dSc lIOilty, 81 Ildb III tIO Gnu
| the earnings of the tunnel will pay the
cost and redeem the bonds for the same,
| and because of this fact an ingenious
clause is inserted excluding all munic-
| ipaI investments of this sort from the B
| per cent limitation of municipal indebt
| edneSs.
The bill provides for bonded in
| debtedness for the purpose of lighting
and for street railway ownerships. He
said that there is a pretty general ten
dency on the part of municipal cor
poratlOnS to own all franchises, but in
case it is thought preferable in certain
| instances, provision is made whereby
city may sell franchises to those Civ
ing the highest sum for the rights. This
| will prove an important source OF reve :!
| nue. to cities.
The bill was discussed at great length.
! Many provisions were thought to be un-
| suited TO the conditions and needs of
| certain smaller cities, and indeed, to
| the larger. for that matter.
| City Attorney Splan, of Rochester,
set forth the needs and expectations Of
his city. He advised drawing the law
up into different classes, of from one to
three. according to the number of in
habitapts and the amount of the assessed
valuation. To this end, he suggested
| that three committees be appointed, one
for the larger cities, one for the inter-
mediate and one for the smaller. The
| idea met with the approval of City At
torney Hammons, OF Anoka. He bad
opposed the amendment in the first
Instance because of the difficulty in
legislating for the needs of
Cities of Differing Sizes.
City Attorney Finklesberg, of Wi
mona, had also given the topic pretty
careful thought and consideration, and
he had bill that me asked be referred
to special committee to consider, and
this action was taken.
City Attorney Simpson, of Mlnneapo-
| lis, considered one provision in the
| Smith draft rather dangerous. He re-
ferred to that providing thatinvestments
| that afford revenue shall not be in
Guided in the per cent limitation. The
citizens in Minneapolis, he pursued, are
| exceedingly sensitive uDOn the subject