Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1897-04-22

is not unconstitutional on those
grounds. Massachusetts had passed
more sweeping measure demanding Sc
lections from the leading parties, and
an authority was cited to that effect.
Judge Siebecker's ruling was as fol-
lows:
Upon tie proposition that the law is
repugnant to the constitution it is not
parallel case with the one cited from
the state of Michigan, the Michigan
court having held that the act there
under consideration restricted the pow
err Of selection to the two principal po-
litical parties. No such limitation was
imposed here. The limitation
here was simply that no more than two
pei sons of a political party can be Sc
lected by the mayor, and that there is
no limitation as to selecting from any
political parties that may exist.
'The other proposition eontended for
by the plaintiff that the power to APP
Point was not properly vested, in that
the constitution required it to be eX-
ercised by the mayor and common
council and not the mayor alone, is not
tenable for the reason that the legs-
lature has power to delegate this mu
nicipal function to any of its officers or
body OF men constituting a board with
in its municipal organization and
the legislature has seen fit to vest it
within the mayor.
In view of this situation the court
would not be warranted upon this hear
ing at all events to declare this an I'M
constitutional law and therefore is to
be treated as a law in force and to be
given its proper effect.
AS to the power of making the APP
pcintment Of the commissioners desig-
mated by the law, it seems that the law
cortempates that mayors Of the classes
OF cities mentioned in the act may
make such appointments whenever
they deem it proper before May ! re-
gardless as to any intervening election
between the publication of the Law and
such first day of May.
Mayor Dye is mayor of this city,
coming within one of the classes men
toned in this law If he. in his judg-
lnent desires to appoint commissioners,
there is no right to interfere with him
to do so under the provisions of this
law. Fer these reasons the temporary
Injunction heretofore granted must be
dissolved.
Mr.. DIN then moved that the judge
issue an order directing Clerk Nors-
man TO file forthwith the commits
sion for the appointments.
This the court stated he could not do
as he could not anticipate whether or
not the city clerk would file the COM
missions.
hrief adjournment was then taken.
The attorneys for Mayor Dye pro-
ceeded later TO compel the city clerh
by mandamus proceedings to accept
and file the notices of appointment OF
the commissioners; but, after they had
read the new law again, they aban-
doned this whole proceeding as need
less. holding that the city clerk had
nothing whatever to do with the mat
ter, in so far as the law reads: Every
person appointed a member of said
board shall, before entering upon the
duties of said Office, take and subscribe
the oath of office prescribed by the con-
stitution of the state, and file the same,
duly certified by the officer admin
istering it, with the clerk of the city
But, nevertheless officers were sent
scurrying to find Clerk NOrsman.
They failed to locate him, however,
and at 11:3O reported to the Democrat
that they suspected he was purposely
keeping out of their way.
Commission Named
After the court matinee, Mayor Dye
appointed the following commission
ers:
For years-Jabe Afford, dem.
For years-A. H. Sanborn, rep.
For years-C. II. Allyn, rep
For ! year-Julius Kleuter dem
Each accepted the appointment and
took the oath Of office. 1t will be
observed that the democratic members
terms aggregate years and the repub-
Leans terms the same. Under the law
the commissioners terms do not COM
mence till the first Monday in May
Ioven's Commission.
Mayor Hoyen appointed a fire and
police commission at 1890 this morn
ing. The commissioners took their
oath Of Office and filed their papers
with City Clerk Norsman before l a.
m. The commissioners are:
For years-W. H. Rogers, dem.
For 3 years-Wilam Helm, rep.
For years-John S. Hawks, rep.
For l year-James f. Conklin, dem.
Mayor Hoven says that Mayor Dyes
term expired at midnight and that in
asmuch as the latters appointees didn't
file their commissions with the city
clerk before that time they are not
legally appointed. The question as to
which one Of the two boards is the
legal one seems to rest on these two
disputed points: Does the mayors
term of office actually expire at mid
night? Is it necessary tina: the com
missions OF the members of the Dye