St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-12
MooTED AsssMsnYQUEsr1oN
Ex-City Attorney Murray Takesa
Hand in the Matter.

Ex-C1ty Attorney Murray Takes a
Hand in the Matter.
To the Editor of the Globe.
As one who always thought that the
assembly as a part of the common
council of the city of st. Paul was like
the fifth wheel to a wagon, useless. psr.
maps ornamental, and with some style
to dignity the city az metropolitan
while agreeing with my learned
brother the attorney general in part, in
his letter to the corporation attorney Of
May 10. in reply giving a construction
to section l. chapter 6. Special Law.
ls91-he drops his case when but half
through, on the assumption, perhaps,
that the other fellow will look up the
other side.
The law creating the assembly of the
city of ST. Paul provides for and con.
templates an assembly consisting Of
nine members, four of which shall re-
side east of Wabasha amt Rice street,
fur west of Wabasha aud Rice street.
and one in the Sixth ward.
1t follows, then, that an assembly con-
stituted in any o,her manner would moi
be the assembly provided for or con
templated by law.
The contention of the Republicans is
III effect that under section Z of article
7 OF the constitution every person VINO
has The right to vote for an office has
the RICH. to be a candidate for thai
office. and no law is valid limiting that
right on account OF residence or other
grounds.
If this contention of the Republicans
Is conceded. then it follows that
tho afTnat nf fln I5p t.--
void would be to defeat the intent and
purpose of the law creating the assem-
bly,, and tue whole law creating the
assembly would have to fall with the
invalid Limitation.
The limitation defines and gives char
acter to the assembly provided for by
the law itself. 1t is, therefore, SO con-
nected with that part of the law constI.
tuting the assembly that it could not
be separated from it without defeating
the intent and purpose of the law
Itself. 1t clearly comes within the rule
laid down by Cooley in his work on
constitutional limitations, and quoted
by the supreme court of this state in
The case of OBrien VS.. krenz, So MIMI,
l39. which is as follows:
IF they are so mutually connected
with and dependent upon each other, as
conditions. considerations, or compen-
satlOns for each other. as to warrant the
belief that the legislature Intended
them as a whole. aud, If all could not be
Carried into effect, the legislature would
not pass the residue independently,
then if some parts are unconstitutional,
all the provisions which are thus de-
pendent, conditional, Oh connected must
fall with them"
l agree fully with my learned brother,
the attorney general. that it would
hardly he the proper thing for the COM
mon council Ut the city of st. Paul to
pass upon the constitutionality of the
law OF the state, but l have sometimes
thought that they were of the opinion
that they had the power to do ANYTHING
they wanted to except to amend the
Lords prayer. Nevertheless. il there
l. m disposition by Republicans, Popu-
lists OF Prohibitionists to have the mat
ter tested i'll the courts. as a citizen of
st. Paul l will only be too glad to have
1t done, and let the assembly pass into
history as n of the creatures OF the
chamber of commerce that would not
hold water.
WILLIAM PITT MURRAY.