Omaha daily bee., 1896-01-25
DES MONIES Is IN A MIDDLE
Decision of the Supreme Court Leaves the
City Affairs Much Mixed.
ANNEXATION AND IT'S AWFUL EFFECTS
All the Departments OF the Munici.
patty Concerned I'm n Mess II
End of which No Lawyer
Can Sec.

DIES MONIES. Jan. ~2L--(Speclal Tele-
sram.)--The municipal affairs Of Des Moines
are hopelessly entangled as a result of the
decision of the supreme court a few days
ago, holding the annexation law, passed in
1890. unconstitutional.
The court held that the law was unconsti-
tLt'onal, but ruled that as 1t had been in
operation for years II must remain in force
so far as It concerned the united interests
of the present city hereafter. But the law
Is nevertheless held unconstitutional. and
except in that IL will not allow the city to
be restored to its former divisions, the court
insists that the law cannot longer be used
as a charter for the city.
This law gave to the city a special char
ter under which Des Moines held a municipal
election every two years for the election Of
a full city council and all elective officers.
The elections were in the even numbered
years; in the odd numbered years there were
to be no municipal elections. In ell cities
of the state which operate under the general
law municipal election is held every year
to select half the aldermen and the other
city officers. Under the supreme court de-
csion the city apparently must return to the
proceeding under the general law. Under
the special charter the city has been holding
eleCtNOUS tHe HTSl Nlofudy VI stpIh, lNc
the general law the first Monday in March
is the date for elections. The question has
been preached whether the city must elect
under the old or the new law this year; and
IL only half a city government can be elected
under that law. what officers shall be elected?
None Of the lawyers in the case, and some
have given the matter careful consideration,
are able to answer. They are agreed that
the old law now governs; but how to get back
to it is the question.
Another question is as to the method of
paying the city debt. The special law pro-
vided that after annexation the debts of the
different towns in the consolidation should be
kept separate, each of the old towns should
pay the debt 1t had at the time of the con-
solidation, and a separate levy must be made
in the limits Of each annually to meet its
separate debt. This has been done, but now
that the annexation law is declared uncon-
stitutional the proceeding cannot be contin-
ued. At the same time the city cannot be
dissolved into it's several former distinct
parts, so that it Is held by lawyers that
the whole debt Of all the ten parts of the
new city becomes a debt of the general city,
and all property within the limits Of the con-
solidated city must pay taxes to meet the
entire debt. This will result in a great in
crease of taxes in some sections and a CORE
spending reduction in others.
The only thing that is not certain by the
supreme court decision is that the city now
includes the ffty.tour miles of territory
represented Dy all the ten consolidated
towns and that it cannot be dissolved into
the original corporations. The municipal
election Is only a few weeks ahead and no
body knows how to hold it. The city council
will consider the matter and get legal ad-
vices, but the case is without precedent. 1t
is probable the legislature, which is now in
session. will have to hnke an enactment
the city to hold an election this
year, at which part Of the officers shall be
elected for one and part for two years, after
which the elections will conform to the re-
quiz ements of the general law.