Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1899-07-27
LAW REQUIRES 1T.
Citu OF Lancaster Must Vote Sep
drdteIll from the Town.
TIE INSPECTORS APPOINTED
CitU Council TO Act Rt Their First ReOu-
lar Meating IN September.

late issue OF the Herald concerning he
existing status of our town and city
brings TO my mind q question that
has been somewhat discussed in re-
cent years This question is, What
IS the lawful method oi conducting
general elections in Lancaster; or to
put il more definitely. must the city
al general election vote separately,
and the town outside 81 the city sep
arately2
1t was stated last year that the at
torncy general had given an opinion
that the general caucus law applied
10 the city. Whether he did or not !
do not know. II he did il was be-
cause. as lac viewed The law the city
Of Lancaster was separate election
district.
But if it lawfully wasit is probable
that the caucus law was not in force
ia Lancaster when the attorney gen
eral gave his opinion, rs sc had not
adopted the general charter for cities
bul were governed by special char
ter, and. besides. we had not adopted
the caucus law rs provided by Section
Iii Of Wisconsin statutes Of 1898.
1t is assumed by the town and city
authorities that under our charter we
are entirely separate from the town
Tor certain purposes, but that the city
loses It's identity nj times and is
part of the Town for town meetings.
general elections, etc. 1t is my pur-
pose to test this assumption by our
charter and the general laws Of the
state rs far MS general elections are
concerned
The village oil Lancaster was first
incorporated In 1856 The territory
included in Tie village remained
part Of the town for all town purposes.
In 1869 the legislature granted the
village a now charter and repealed the
old one Section ~ Of the new char
ter provided thal aall the rights, inn
muuities aud franchises If the town
or village of Lancaster, as heretofore
Incorporated, shall pass and be en-
ioyed by the said village rs iucorpo-
rated in This act BY chapter 2lS Of
the Laws Of 1878, the village was in
corporatcd rs clly, the village char
ter. with certain necessary alterations,
being made the charter of The city.
This cily charter provided that 1.-THE
relations existing between said city,
its officers, inhabitants and govern
ment and the town Of Lancaster and
Grant county and their officers, in
nahitants and the government
-hall be the same 81, those here
tofore existing between said village
nd said town and county, except as
h.rein otherwise provided. "
Under the charter 81 the village Of
Lancaster aud the first city charter
there Is no doubt that the village and
subsequently the city was part Of
the town fer All town aud county
purpose. II may pc assumed as
probable, iii ugh it cannot be said to
be certain. in the absence Of an OK
press provision IN the charter OF 1878,
that the city should be ioined to the
town for sta te and cuu uty elections.
and that the language above quoted
from the charter did 81 Join us and
brought the city within the exception
clause confined in chapter POI. Laws Of
1871. adopted the year before we be-
came city, which clause excepted
from the requirements of that law
which provided that inspectors Of
election must he appointed in cities
and villages, tsueh cities and ii lagos
as are Joined To towns for state and
county elections such cities and
villages remained parts Of their re-
spectiyc towns for general erection
purposes This INV If 1877 became
section 2G Of lac Revised Statutes Of
ISIS
our pre- cnt charter is chapter -
Of the Laws of 1852 1t is entitled,
An act TO amend, revise ana cousoli-
date the charter d the city Of Ian
caster. The general rule is that 4
statute which rcYiscs the subject mat
ter of former statute works n repeal
Of former statute without express
words 10 that effect Oicsop Rui
tcau col. 30 Wis, SIS The new city
charter. which IS declared by its title
10 be a revision Of the old one. entire
ly omits the provision in the charter
of 1878. that the city shall be joined
10 the town for town and county pur-
poses, and when this new charter
went Into effect the city vas taken
out of the exception of section %. H..
s., 1873. and became a separate cleo
ton district. unless there be found
somewhere in the new charter some
thing from which ii may be reason
ably inicrre that the provision Of
the old charter joining the eitv to the
town for town and county purposes is
To be continued in force The first
clause Of section 81 of our present
charter reads rs follows An acts
and parts lf acts inconsistent or con
dieting with the provisions Of this
act are hereby repealed From this
il may be argued that there is moth.
inc in the new charter inconsistent
with the provision of .he old charter
that the city should be Joined To the
town for town and county purposes
aud that therefore, that provision
was not repealed by the revised char
ter of 1882. and must be read into
this charter as a part of IT, Il is not
my purpose to advocate either side Of
this proposition content myself
with stating it Others may argue it.
forit is debatable. What may be the
decision upon this question | regard
to be unimportant now, SO far rs gen
eral elections are concerned. because
Of subsequent legislation.
Chapter 2SS Of the Laws Of 1898 con-
solidatcd and revised the election
laws. 1t did not change section e
of Revised Statutes OF 1878, but sub
division of section 81 of that chap,
ter expressly reenacted that iuspec.
tors Of elections were not to be ap
pointed in cities and villages that
were joined to towns .'for the pur