St. Paul daily globe., 1894-09-17
ST. PAUL LEGISLATION.
HENRY JOHNS THROWS OUT A
FEW SUGGESTIONS.
A Single City Is Now Wellnigh
Powerless to Secure Needed
Legislation.

Henry Johns, who will be nominated
by the Republicans of the Fourth ward
for the legislature. said to GLOBE rep
resentatve:
wv hat should be done In the matter
of legislation affecting st. Paul will de
pend upon what can he done. The
constitution prohibits the enactment of
a special law where general law can
be made applicable. and the question
whether it can be made applicable is by
the constitution restricted to judicial
determination. The legislature may
repeal any existing special or local law,
but cannot amend. extend or modify
any of the same.
'This means that no law can be enact
ed in the interest of the city of st. Paul
which will not be of general application
throughout the entire state. 70 in
stance, if it was the desire to abolish
the board of public works or any other
of the various boards which constitute
the administrative branches of the city
government. it could not be done with
out at the same time ami in the same
way affecting every other city in the
single city is to secure proper and
needed legislation applicable to local
conditions under this constitutional in
hibitlon against special legislation. 1t
is true that there may be classi-
fication of cities according to popula-
ton which may confine conflicting in
terests to few cities to be harmOniZed
as best may by the local interests of
such cities. St. Paul. Minneapolis and
Duluth could be placed in one class and
laws enacted which will apply to them
and to no other city in the state. and
such laws not be special. But there
seems that there is great objection to
such plan. If one will but read the
constitutional provision he will under
stand how broad is its application. how
many subjects it covers, and with what
difficulty legislation of the local interest
will be secured.
1.-The Twin Cities have but little in
common in the manner of conducting
their city and county government nts.
A few instances will illustrate what l
mean. Minneapolis holds its county
and city elections in the fall. ST.
Paul elects its city officials in the
spring. Each have different forms of
municipal government IN the matter of
water boards, beard OF public works,
park boards, fees of city and county
officers, manner of local taxation for
local improvements, and in hundred
different ways differs from the
organization of the city Of st.
Paul. which organization has grown
up under special laws applicable only
~, oif
laws applying only to this city and
county the repeal of which is desired.
or change needed, all that can be now
done is to repeal such laws. In other
words, we are p0werleSS to remedy any
defects in our present laws without Sc
curing the passage of general law,
and in doing that our local interests
must come in conflict with the local in
terests of every city in the state. Every
| OfficehOlder in the state who has
secured privileges under special
or local legislation will he
at war with any attempt to change ex.
istlng laws. no matter how needed that
change,t to conform with public require
ments and public necessities. Special
legislation as legal question has both
cred every state which has cUnstitu-
tional provision similar to ours, and
much time and money has been eX-
pended in securing the enactment of
needed laws which the courts have
been required to decide unconStltu-
tional. have in my mind the case of
Nichols VS.. Walter ct al, reported in 81
Minn.. 264, which involved tile constitu-
tionaity of the county seat removal
law. and learnedly discusses the matter
of special legislation.
"Now, what can be done? That we
need legislation is unquestoned. Can
we get it? The constitution prohibits
laws of local character. Where is
the remedy? Isuggest that commits
sion of business men and lawyers (and
by lawyers l mean that our supreme
and district judges should be represent
ed) be appointed for the purpose Of
drafting bill to be submitted to the
legislature, a bill to be considered long
before the legislature convenes, which
will be applicable to the varied interests
of the several cities in the state. and
when enacted will not be declared by
the courts unconstitutional. Our judges
in this respect should act as citizens as
we'll as judges. Something of this kind
mus: be done if we have any legislation
this winter affecting the material inter-
ests and the prosperity of our city and
of