St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-16

ceived the next highest votes to W. r.
johnson and j. j. Parker in the district
west of Wabasha street, in which they
resided, be inserted in place OF Arosin
and ReardOn.
Mr.. DAILY, in order to get vote on the
question, said he would second the mo
ton for the adoption of the amendment.
Before this was put Mr.. Lightner was
OH his feet and said as the vote would
raise the question which until this time
HAD been discussed in the papers, he
would ask that il any one was present
who desired to be heard he be given the
opportunity.
John H. Ives said that there had been
some question raised at the legality
and unconstitutionality of the section
of the law relating to the assembly.
The legislature in enacting the law had
provided that four of the assemblymen
should live on one side and four on the
other side Of Wabasha street. If
the law was of no account
the resolution declaring the men
elected should state their resi-
dence. AS matter OF fairness,
if the point raised was good one this
would be done. There was no doubt
but that the legislature intended the
assembly should be represented by
members who did not all live in one
ware. The provision was not directory.
but mandatory, and the residence clause
should be inserted in the resolution de-
claring the nine men elected. The re-
fusal of the body to accept and file the
affidavits was the first time he had ever
seen any legislative body refuse to ac-
cept papers of this kind.
& MIR. Ligntner in reply said that the
charter and constitution read together
did not make the point clear. All, he
said, were anxious to have the matter
settled in the courts. as the charter
would have to be worked under for a
number of years. The charter pro-
yided that nine members should
be elected at large, and then
went OH to say they should re-
side in various districts. The point
relating to residence was, he claimed,
only directory, and meant that the
assemblymen should, after election,
reside in the district. The point raised
was not. as had been stated. an after
thought. but had not been discussed
simply because there was no need to
cross bridge until it was reached. He
read the section of the constitution
discovered by F. W. Zollman, and also
from supreme court decision, to sus
tain his argument.
The vote on the amendment offered
by Mr.. Van Slyke was defeated by
vote of z to l, Mr.. Reardon being
excused aud Van Siyke voting for it.
The resolution of Mr.. Lightner de-
claring the officers elected was carried
by the same vote as the amendment was
lost by. During the roll call Mr.. john
son took occasion to say, that he had
asked the opinion OF the city attorney
on the point, So as to be able to vote in
telligentIy. and, in order to give that
official ''boosl" he read the opinion,
which. Of course, followed the law as
laid down by the Republican city COM
mittee and the attorney general.
Another resolution was handed up by
MIR. Lightner declaring the assembly
men elected for the term beginning
June to he Van Slyke. Strouse. Par
ker, Robb, Johnson, Copeland. Reardon,
Arosin and Lewis. The resolution also
directed the city clerk tr issue certifi-
Gates of election to the persons named,
and was passed.