The Saint Paul globe., 1896-12-01
MIR. CoPELAND,s APPEAL.
He Asks the Supreme Court to Grant
a Reargument.

He Asks the Supreme Court to Grant
a Reargument.
Walter Chaplin and r. r. Palmer,
representing Commissioner of Public
Works John Copeland in the recent
litigation over his official place, yester-
day filed with the clerk of the supreme
court an application for a reargument
The reargument is pleaded for on two
grounds, first that the decision is suf
fctently far-reaching in it's public i'm
portance, and second that the decision
seems to discuss the limits of the prop
er delegation Of power only, and fails
TO consider or apply the rule that acts
may take effect on a contingency with
which the $ delegation of power has
nothing to de Attention is called to
the fact that the court has apparently
overlooked the decision in the State VS.
Reading, 124. Pennsylvania, 1928, and
Commonwealth VS.. Reynolds, 137, Penn
ST. 3S9, which, it is insisted, explain
and modify the Scranton appeal cited
In the decision of the court
The attorneys also claim that the
decision apparently overlooks the prop
oS1tion that there is a vital distinction
between single general local option
law, relating to charter powers, and
the case where there are several such
laws on the subject.
The first law is sustained in Penn
sylvan1a, where it allows cities with
special characters to come within the
law at their pleasure. The Florida de-
cision cited applies only to subsequent
laws.
1t Is contended that the court has
given the maxim that what the legis-
Iature cannot do directly it cannot do
indirectly, broader application than
the facts Justify, and several instances
are cited where legislatures do fndi-
rectly what they cannot do directly.
The argument in favor of the new
law is based squarely on the principle
that any law may be made to take
effect on a contingency This being
established, that part Of the decision
defining the limits Of powers which
may be delegated to municipalities to
pass laws does not have a distinct
bearing on this case State ex rel
Tracy VS.. Cooley, 63 N. w. Reporter,
90 M1nn., and other decisions are cited
as sustaining the principle that valid
laws may depend for their operation
on contingent events, and such event
may be a vote of the people or of the
council. The adoption of a prescribed
law by municipality is viewed merely
as the happening of a contingency, not
as delegated legislative power
Under this decision a law allowing
d1ferent cities to adopt regulations Of
police power at their pleasure would
be sustained as constitutional, because
under the decision, it would be mat
ter of minor or local concern.
1t is contended that there is a clear
distinction between law applying to
any one city. st. Paul, for instance.
and one that applies to all cities Of
that class, though only one may adopt
1t. The law would be uniform in its
appuication to cities of the same class,
because it would be the only law on
the subject governing cities of that
class, and when they reached a popu-
lation of 100000 or more and felt the
need of a law Of that kind they would
naturally adopt it,
Finally, section 81, art ", Of the
constitution did not purport to refer
to the affairs of cities, because. section
50, to which it refers, contained no pro-
Of such special laws