The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-01-16
OF COLLECTING SPECIAL ASSESS
MENTS FOR PUBLIC IMPROVE
MENTS TO BE MADE.
CHARTER BUILDERS DECIDE
THAT THE PRESENT LAW SEEMS
TO BE WELL GROUN-
DED.
1t Confirms and LegaIfzes the Pres
ent Plan of Managing That
Institution.

Those chapters Of the new charter
governing the board of public works
and regulating the subject of public
improvements and local assessments,
were practically adopted by the charter
commission last night. Both chapters
are still in the hands of the committee
appointed to draft them, as some slight
changes are yet to be made, but the
committee will report them either to-
morrow night or next Friday evening,
when the commission will formally
adopt them.
The significant action of the commits
sion at last nights meeting was its in
dorsement of the report of the COM
mittee on chapter T. relative to the
matter Of local assessments. The pro-
posed installment plan was reported
adversely and a continuation of the
present system recommended. The re-
port was submitted in response to Mr.
Lightner's resolution requesting the
committee to suggest a plan of levying
and collecting local assessments on the
installment plan that would not in
volve or pledge the credit of the city
and yet would insure the prompt pay
ment Of the contractors. The report,
which was read by Secretary Innis, is
as follows:
Your committee chapter were in
structed by you at your meeting Of Dec. IT
last to report UPON the following proposition
viz:
That the committee on chapter exam ne
and ascertain whether in their judgmen.
uncer article of the constitution, any change
can be made in the provisions Of chapter
I, and, If so, to report, If feasible a plan
for paying assessments in install ments su h
plan not to involve any pledge of the gen.
eral credit OF the city, but to provide for
means for paying contractors respectfully
submit their answer as follows:
Article uf the state constitution, prior to
the amendment of 1869, required: AL taxes
to be raised in this state shall be as nearly
equal as may be, and all property on which
taxes are to be levied shall have a cash yalu-
alton, and be equalzed and uniform through
out the state" (Art. 9, Sec u
The supreme court, in 1863 decided that
special assessments for benefits, ETC., for To-
cal improvements were not authorized by the
said Games Stinson VS.. Robert A. Smith
County Treasurer Of Ramsey County, 8
Mimi, page 1861
Section 1 of article was amended by the
legislature in 1869, adopted the next year, by
adding to the original section l a proviso
as to local improvements, being now as TO-
lows:
Section /. All taxes to be raised in this
state shall be as nearly equal as may be
ana all property on which taxes are to be
levied shall have a cash valuation and he
equa lied and uniform throughout the state
Provided, That the legislature may by gen
eraI law or special act authorize municinal
corporations to levy assessments for local
improvements without regard to a cash yau,
alton and in such manner as the legislature
may prescribe" (Chap.er 81 of General Laws
OF 1869, page CD This constitutional amend
ment was procured no doubt to obviate the
decision of the supreme court last mentioned.
In 1872 special act of the legis ature was
passed, entitled An act to amend an act
entitled An act to authorize the city of St,
Paul to levy assessments for local Improve
ments, approved March 6, 1872" Chapter 2,
S. L., page 23.)
was revised by special act Of the legis!a-
ture, and all acts relating to the same en-
codled In one act Chap l, S. L., page II,
etc.,, and this special act of legislation. as
amended from time to time. embraces our
present assessment law contained in chapter
I, so,called This legislation provides for
Doara OF p9bI1c works Tin chapter 81, and
specifies in detail all the proceedings connect
ca with such assessments, including their
collection and procedure to enforce the same
by Judgment and sale, and respecting the re-
demptlon from such sale, etc. The construc
ton or the constitutional amendment of 1859
turns upon the concluding clause of the pre-
VISION, namely, "and in such manner as the
legislature may prescribe;'' which, for dis
tlnctlon, We refer to as the restrictive clause
We have not been able to find any judicial
eeeisio ai,S directly in point in this matter we
should be construed SO as to give effect tn
1t, according to its terms, provided the new
f frnTp r. perfected should not be exempt
amendment of 1895 to article 4. providing for
home rule so-caled. -'-
In our Judgment the restrictive clause re-
CURES that the legislature shall directly pre
scribe the mode or manner in which such
assessments are to be made and enforced
as II has always heretofore done, with respecf
to our present city assessment law and IN
the case of other cities and that anv sub
stantlal change or deviation from orr NEE
t emu assessment law not prescribed by the
the CONSTITUTIONAL restrictions in the amend
ment of 1869 is affected by the amandman4
of Article ", before noticed
me last point is not free from difficulty.
and your committee has given II consider hi.
attention and investigation "'ie
Inere is no express repeal or modification
OF the restrictive clause by the constitutionai
amendment am OF Article ". On the contrary,
theTe are reservations or statements in the
said amendment of Article " which tndi
cate that such new charter does not make
any enange IN the constitution as it existed
in the amendment of Article ", such char
ter snail always be in harmony with and
subject 70 the constitution and laws of the
also, that 1.-THE Legislature NAV nroYide con fT3'
erai laws relating to affairs of cities. the an
pf aHep Of oO Which may be limited to cities
shall De paramount while in force to the
provisions relating to the same matter in
c cru IN the local charter herein provided
for" I'd page 10, and the anterior clause
that the new charter shall "supersede anv
existing charter and amendments tbereof :,
does not apply to existing provisions of the
constitution, and therefore does not effect
the restrictive clause in question In ~
amendment of 1862
The amendment of 1869 is not part or the
charter OF the city Of st. Paul. OF an amend
ment thereto.
1t will be noticed that the constitutional
amendment of 1869 does not vest anv mower
or privilege in the city Of St Paul or anv
munlclpal corporation. but allows the legis-
Iatgre 10 authorize municipal corporations
TO levy assessments for local improvements
ETC. This authority, by the terms of the
constitutional amendment of 1869 might he
conferred by the Legislature by "a general
law or special act" By amendment such
special legislation is now prohibited hut the
legislature may still by general law confer
this power OF special assessment upon Nun
icipal corporations, and has done 50 in SOW
eral instances. 80 So
Now, suppose that the legislature. after the
charter took effect, should pass q general
law upon the subject which would snnIv
to the city Of st. Paul, such a general law
ought Undoubtedly to conform to the restrict
i've clause in the constitutional amendment ~
1869, showing that the new charter could not
IN such an instance at least be exempt from
this restrictive clause and If there was a
needed amendment in the present local as
sessInent law OF the city, 1t must be effected
sar1ly subject TO the restrictive clause In the
constitutional amendment Of 1863
The constitutional amendment of Article w
is substantially modelled from the constitution
OF Missouri and California. The constitution
of California of 1879 (ATticle XII section q
contains the provision for home rule of cities
similar in its important characteristics or
theory to our own constitutional amendment
upon this subject. 1t provided that the new
charter of city upon being finally ratified
or perfected shall become the organic law
thereof, and supersede any existing charter
or amendment thereof and all special laws