Little Falls weekly transcript. (Little Falls, Morrison Co., Minn.) 1894-19??, 1899-02-03

al ordinances oi tho village not u.
cOnsisttnt with ths prOvisi.Ins Ot't6s
act were adopted a. the ordinances
II the .diSy, md should rimain ia full
force until repealed or amended ~
the city, u 4, ,s, /. "
Ii ID urged that the ordinance. n
Queat!Ou d.es not, come, within the
OperatiOn III the curative act. be-.
cause the village Of Little Falls had
previOns,y ceased tO exist, and the
city ri the same nam beca me ita
successor; and the act does not apply
to cities. 1t Ia true the net does not
apply to cities. hut the subject III the
act IL not exi.ting villages, bnt GER
tain ordinances and cUntracts passed
or made ny village. In the past. The
whole act relates to the past aud ID
purely curative IL past acts. The
original ordinance was passed ON
Jan. 10, 1879. while Little Falls was
still a village, and therefore comes
within the provisions at the cura tive
act. Notwithstanding the fact that
subsequently,. and before the act was
passed the village ~ such had ceased
to exist and tn" city became it's sue
crssor For the same reason we
think the title Of the act, to-wit:
IAN act Iegalizing and confirming
village ordinances and contracts In
certain cases. sufficiently expressed
it's subject.
But while the original ordinance
was passed by the village, 1t is al
legged that 1t was amended by the
city Dec. IL, 1889. " which was after:
the village had been superseded ny
by the city. The ordinance as
amended il set out in the complaint.
but 1t no. where appears what were
the provisions of the original village
ordinance or what were the prOvts-
ions Ot the amenda tory city ordi-
nance.
Hence, for anything that IL alleged,
the thirty year contract referred TO-
In the former opinion might have
been enacted not by the village but
by the city.
The curative act would not apply
to the amendatOry ordinance Of the
city, therefore we could not upon the
facts alleged In the complaint hold
that this provision III the amended
ordinance was validated by the
curative. act. WA
II. The second question for reargu..
ment ia: *
"Wbat effect, II any. should be-
given to the General Laws 1k95, Oh.
s, Sec. 1872 an a declaration III legis.
lattve policy" n
| This IL found In what ia known as
the Howard Charter" being an act
to provide for the incorp''rat ton, or
ganiza ton and government Of cities.
and reads as follows: !;
ut, (tha city council) shall also
have the 20 ver to contract with In
diylduals, firms or corr: ora tiOns for
the use m water. for protection
aRainst fire and other purposes. 1t
shall also have the power to con-
tract with individuals, firms or cor
puratit,ns for the usa III electric ar
gas light. Tor street lighting and
other purposes. Such contract for
water. ectricity and gas to he made
for such time as the council may
deem for the hest interests OF the
city, not to exceed thirty years for
water and not to exceed five years
for gas or electricity for street light
ing and other public purposes"
Whatever this may amount to as
q d.'clara ton Of public policy, II
must W kept in mind that 1t applies
only to cities incorporated under the
pro visions of the act and winch mnst
have at least one thousand inhab
litants, and not to- villages incOrp0r-
ated under the provisions IT Gen
La va 1885. Oh las. and which under
the amendment Of 1887 claws 1877 .
On. 62) may ha We only IT'S inha bftnnts.
In order to determine what effect,
II any. shout be given to this sec.
tion as a declaration Of public policy
IA to villages. all the provisions Of
the act Vt 1895 and Of the general
village law Of 1885 should he ex-
aminpd and compared, for 1t does
not follow that becnus. the legis-
. lature might have deemed Il thirty
I year contract for water by a city
under all the restrictions and pro-
v,siOna of the act Of 1885,. might not
he unreasonable or against public
, pulley, they would be Of the same
opinion as to- small villages organ
. lied under the law Of 1885 containing
, entirely different provisions and not
. containing the same restrictions
I tending to protect the public.
, An examination Of the act OF 1896
, will show that 1t is full of prohibit
I tions and restrictions designed f'i
! TIE protection Of pubic interests
/ against the impr0vident action o
the city council, which are entirely