St. Paul daily globe., 1896-03-31
ATTORNEY GENERAL CHILDs NOT
IMPRESSED WITH OBJECTIONS
TO TFAT CHARTER
RAISED BfuJHE ALDERMEN.
HE WRITES MAYOR SMITH AS TO
THE CHIES FAULTS THAT ARE
CHANGED.
ITS FORM IsC FREQUENT ONE,
And Does Net, Come Within the
Classification soof Special Leg
islatten, He Thinks.

Attorney General Childs yesterday trans
mitted to Mayor Smith the opinion which was
asked ror as to the constitutionality of the
iio"aru charter. The attorney general while
ne ooes not profess to have made study of
all possible objections TO the measure as pro
posed, states that be has considered the OBJ
jectlons to 1t presented in the mayors com
municatfon. and. SO Tar as these are concerned
ne considers the law valid. The letter to the
mayor is as follows:
calling attention to General Laws of 18a5
cHapter 3, you state that the city council
ol 81. Faui request my views as to the
validity thereof. ~.
1t is urged, am informed that the act is
deemed invalid within the principle enun-
cia1eo IN N!chois VS.. Walters, 81 Minn 1e4.
AS view the question, that principle has
no application to the said act The court
tnere had under consideration a statute
winch classified counties upon an unnatural
ana unauthorized basis; namely, a past
event. Ine act provided for the changing of
county seats, and among other things pro-
Vided that as to those counties in which the
question OF change Of location had previous
TO the passage thereof been acted upon, and
the county seat thereby "fxed or located by
such vote" no change should thereafter be
erected unless three-flfths Of all the voters
present and voting at such election shall
vote IN favor OF such change removed"
AS 10 all other cases, the question of change
OF the county seat was to be dependent upon
a majority vote. of the electors of the county.
for Its decision says: why one county
which had located its county seat by vote
OF Its electors twenty-five years or six
months before the act passed should require
vote of three-fifths of it's electors to re-
move 1t. and county which should so 10
cate 1t three or six months after the act
mere majority VOTE Is impossible to con-
ceive, except that the legislature has arbi-
trarily so provided. But In such matters
the legislature cannot arbitrarily so provide.
ho ic nnoftf tfn,ft mol nd void
The act Of 1895 is subject to no such criti
cism. AS law. it became complete upon its
approval. and at once effective for the in
corporation OF municipal bodies. 1t is In
character and scope a general enabling act,
as much so as anyIof the several general
laws which have from time to time been
enacted for the organization Of cities and
villages. Indeed. 1t was doubtless intended
to supersede Gen. Stat. 1873 chapter 10, pro-
viding for the Incorporation of cities.
1t processes in express terms to accomplish
the following, among other purposes:
1. To provide for the organization OF new
cities.
e. To serve as. charter to cities upon the
repeal of the law general or special, under
which they were respectively organized.
g. To enable existing cities to lay aside
their present charters. If SO disposed and
adopt the provisions thereof for their future
government.
1 am unable to perceive in its provisions
anything in either respect which partakes OF
the nature of class or special legisiaeion g, or
tuition. 1t will be seen, upon moments re-
fection, that, instead Of being in the nature
of class or special legislation, the purpose
is quite to the contrary. 1t seeks greater
uniformity of municipal government, and
looks to the extinction, by gradual process.
OF variety of special charters. 1t enables
a. citv to throw of its old charter and adopt
the one rendered, Such legislation is fire.
quently INDUCED fn: and Is supported by
the great weight Of authority sutherland
on Stat. Const., rs; 'Endlich on Inter. OF
Stat, 49e. l52,-a~--. - - -, =
It is. therefore, my opinion that chapter
is valid unless assailable for some other rea-
son than that above considered. NO otner
ground has been suggested for It's tnyalidity
nor have considered any other.