The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-01-16

tinct and independent provision with respect
to the city of St Louis (sec. 90 Art. IX.),
which, among other things. provides for
enlarging the territorial limits of that city
and scheme of reorganiziAg the then ex
listing city of st. Louis, and to certain ex-
tent the county of St Louis in connection
with it. upon the theory. of home rule by a
charter expressed to sbe in harmony with
and subject to the constitution and laws of
Missouri Upon the ratification by pep
ular vote of the qualified Voters, etc; that
then such scheme shah become the organic
law of the city and county, and shall take
the place of and superSede the charter of the
city of St Louis and the amendments thereof
and all spec ial laws relating to 81. Lou coun-
ty. inconsistent with SAID scheme
BY section 25 of this Sartieie it is provided
that Notwithstanding the provisions of this
article the general assembly shall have the
same power over the city and county of st.
Louis as it has over other cities and counties
of this state The court OF appeals of Mis-
souri, reversing the supreme court Of that
state s. Mo-, page ca. decided in effect that
this provision in sections % did not authorize
the general assembIysto change the new
that case laid great stress upon the fact that
the new charter of the city of st. Louis
derived directly under the constitution of
that state and not through the legislature,
but by authority paramount to the legislature
itself, and that ii was not intended that the
legislature should control 1t in its system of
autonomy under the new charter.
In Minnesota the constitutional amendment
OF section expressly provides for the inter
vention Of the legislature in framing such a
new charter, thus before any city shall in
corporate under this act the legislature shall
prescribe by law the general limits within
which such charter shall be framed The
general limits undoubtedly refers to limits Of
power to be conferred by the new charter so
that the authority quoted by the supreme
court of California applies more closely to our
own case.
Both in the constitutions of California and
Missouri there are provisions for mending
the home rule charters similar to own.
but neither in the constitution of California
or Missouri is there any such restrictive
clause that in the constitutional amend
ment Of 1869 in Minnesota, and there is no
judicial authority which have been able
to find that goes so far as to show new
charter under those constitutions would have
the effect of repeating or qualifying a pro-
vision of the constitution on this subject
With respect to the Minnesota constitution
there is an express and specific provision for
the amendment of the constitution and it
may be presumed that II it was the inten-
ton to qualify or repeal any part Of sec
ton l OF article TX, or the restrictive clause
therein, in our own constitution it would
have been resorted to in the manner pointed
out in the constitution Itself in article XIV.
and especially when the constitutional amend
ment to article w., under which this com
mission is proceeding, was before the legis-
lature.
Your committee therefore has come to the
conclusion that the restrictive clause In the
provision of section 1 of article TX of the
constitution of Minnesota before referred to
tiers framed under home rule In Minnesota
as to municipal corporations generally. But
whatever doubt there may be this point
or conflicting views relative to the subject
your committee is satisfied that it would not
be safe in the present condition of our law
to change substantially any part of our spe-
cial assessment law without a proper act of
the legislature, prescribing the change. The
Importance of this question makes 1t proba-
Bile that 1t will find its way in the supreme
court and be determined there and if such
decision should n tha vic
pressed by your committee the new charter
can be readily amended If desirable so as
to conform to such decision, and your COM
httee therefore reports against making any
material change In chapter vii, or in our
special assessment law, and, as they under
stand your instructions they are not re-
quired to present any plan in such case for
paying such assessment in installments. which
your committee believe would be an important
and I'd, material change in the system.
The report was signed by Chairman H ]
Horn, Hon. w. P. Murray and H c. Nc
Nair.
That is very clear and decisive report
and move its adoption" said Col Clough
1t was adopted unanimously.
In the brief discussion that followed
the adoption Col Clough expressed the
opinion that the commission ought to
carefully consider the subject of public
improvements and local assessments
therefore. No work ought to be done
unless ordered for a certain session in
that the present system was the best.
and he cited figures to demonstrate
that the installment plan did not effect
a saving to the owner of the abuttir,c
property. One great objection to the
present plan was that contractors had
to wait so long for their pay, owing
to the time consumed by the CITY in
collecting the assessments. In conse-
quence, the bids were higher than thew
otherwise would be-
Col. Clough further suggested that
the new charter provide that the con-
sent of majority of the property own
ers to an Improvement be required, be-
fore the common council be authorized
to order it.
Mr.. Lightner remarked that if such
a provision were inserted there would
be no public improvements. Mr..
L1ghtner cited instances to prove his
assertion. He pointed out the situa-
ton on Summit avenue between Selby
and Dayton avenues. If the paving Of
the avenue between these streets had
depended upon the consent of the own
RS of the abutting PROPERTY, this block
would never have been paved
Mr.. Lightner, the chairman of the
committee appointed to draft a chap
ter covering the public library, then
submitted the committees report Mr..
Ltshtner called the attention of the
commission to the fact that the Bell
charter contained no chapter on the
public library, but merely a reference
in chapter 5, limiting the annual APP
preparation therefor to $4,000. This
was because the public library was or
gained under the law Of 1879, authoriz-
ing the establishment of public librar-
les. In 1882 the common council had
adopted a resolution creating a public
library, and providing for it's govern
ment. There was therefore, nothing to
prevent the common council from abol-
ishing it. Mr.. Lightner then submitted
the following chapter, which is not yet
numbered:
Whereas. under the provisions of the act
of the legislature, entitled an act to provide
for the establishment and maintenance of
free public libraries and reading rooms ap-
proved March 4, 1879, the same being chapter
of the General Laws of 1879. the common
council Of the city OF st. Paul did. by reso-
luton adopted Sept. 5 1882. establish and has
since maintained public library and reading
room, known as the st. Paul public library
and the mayor of said city did, pursuant to
said act, duly appoint nine directors, and
from time to time which board of directors
have had and now have charge and manage
ment Of said St. Paul public library.
Now. therefore, the st. Paul public library
established as aforesaid. Is hereby confirmed
and established in accordance with the pro-
visions of the said act of the legislature. and
any amendments thereto, and it Is hereby
made the duty of the common council to
maintain said public library and reading
room, and it is hereby made the duty of the
mayor of said city annually, before the first
day of May, to appoint, as heretofore, three
directors for the term, and in the manner
provided in said act Said public library
and reading room shall be managed and ad-
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