The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-06-10
RIFT THROWN OUT
Continued from F4rsf Page.


MINI. reports -
In that case the court first held that a
law granting the board the right to is
sue new bonds for the purpose of COM
pleting Its building was unconstitutional
but as in conflict with the amendment
prohibiting special legislation, but on
reargument,t Justice Collins writing the
second opinion, this judgment was recon
sidered. and the law was held valid, on
the ground that it was necessary to COM
plete the building, and the fact that the
classification by its terms. limited its APP
plicat1on to one case did not invalidate
IT, For example there might be but one
city of over 100000 people in a state, and
the conditions there might make 1t neces-
sary for 1t to have entirely different
system of government in certain respects
than in communities of 10000 or less
Therefore, while the cities below 1t might
not have any prospect of ever entering
into the 100000 class, a law to provide
for the government of cities of over $780,
600 people in that case would not be
special legislation merely because 1t ap-
piled only to that one city, if it's terms
were such that 1t would be proper for
any other city which might at any time
come under the classification in terms
made. The court at this time goes fur
Their and insists that the classification by
basis of population Is in fact arbitrary
between the basis of population and the
purpose of the law which distinguishes It
from the practice or custom in communi-
ties or cases to which it does not apply.
1t is contended by attorneys that If the
city of st. Paul should have the right
to transfer to its bridge repair fund
moneys previously appropriated for
bridges which for any reason it may
have been determined to discontinue the
n(,nG OP fhar,
state, without regard to its population,
is entitled to the same privilege The
law of 1899 limits the application of the
law to cities of $4,000 or over, and was
agreed TO by the delegations from st.
Paul, Minneapolis andslDulnth.
DULUTH HAS AN INTEREST
Then there is chapter so Of the laws of
1879. Duluth bill to authorize the cities
of $4,000 or more to issue bonds to take
up their floating Indebtedness AS a mat
ter of fact this applied to Duluth only,
and was passed with that Understanding,
1t being argued on the f1o6T of the SEN
ate at the time that the bill was under
discussion that the classification by popu-
lation in this case as in: other bills in
tended to affect Duluth particularly, was
In accordance with the previous ruling of
the supreme court. There are other cities
In the state Of a less population than 3d.
O00 which desired-xery much to have some
scheme of bonding their; floating indebt-
edness. indeed, the. Duluth people had a
bad scare one day when Senator Ryder.
OF Polk, secured the passage Of a bill
which seemed to apply to Duluth as well
as any other city. This made some stir
at the time, and the matter was after
ward adjusted, as was SUPPOSED. to the
satisfaction of all concerned.
M,GILL'Ss BILL,Too. :. -
Then there Is chapters321 of more. or
less local interest," being the. bill intro
duced. by Senator McGill to permit the
vacation of a number, of streets in an ad-
dltion to the Midway district which it
had been intended to return to. an IN
plated tract permits cities of $4,000 or
more. TIC. make vacations. in. g. certain
manner. Here again appears the prob
lelu why other cities similarly. situated
should not be allowed to so vacate streets
Some of them have had booms on in
which they were plated considerably fur
Their out into the suburbs than SUBSEQUENT
events have shown there. was any need
for.
JOHN JOHNsoN's PET.
S. F. 661, ST. Peter sbill, fathered bv
Senator Johnson, has the same popula-
ton limitation and may fall within the
condemnation of the Seng case If any
one is sufficiently interested to contest
its worth
Chapter 1913, by Senator Potter, Henne-
pin, permitting assessments for special
improvements, also assumes the validity
OF the population classification of 1895,
Which had been sustained, 1t was SIM
posed, by the supreme court
PARKWAY BILLS R1SKED.
Then there are chapters III and Ia. re-
iating to the planting Of shade trees and
cutting grass on bouIeVards which also
come within the $4,000 or over classif1ca-
ton. -
SNOW AND ICE BILL.
Then there is chapters2o1, which provides
for the cleaning of snow and Ice from
sidewalks and the assessment of the cost
or the owenr of abutting property. This
Is limited by the terms oflthe law to Cit
les OF $4,000 or over, and the sunrema
court may raise the question WHY cities
or $1,000 or less are not entitled to clean
the sidewalks similarly.
PHALEN PARKS STATUS.
chapter 279, passed for the exnress
purpose of permitting St Paul to have
park at Lake Phalen, NAV also falI
within the pale of it,etoo, as the eco 00O,,
classification
Then chapter $780, relating to sprink-
ling assessments. has the classification
less than $4,000 people.
MARKET LAW, TOO.
Chapter 1892 being the law which was
passed for the purpose Of enabling tho
cities of over $4,000 to condemn lands for
the purpose of public markets. This is
also one of the $4,000 or more, laws
which might be assumed to come within
the arbitrary ban of Justice MitohelIs
opinion.
Then there Is chapter 327, permitting
cities OF $4,000 or over" to Issue certif1i-
Gates OF Indebtedness to the amount of
not to exceed so per cent of the esttmat-
ed tax receipts for the coming fiscal year.
Then there are a number of laws re-
lating to counties of over or under a cor
tain size, most of them especially drawn
with q view to giving Hennepin county
some privileges or other. One provided
for new method Sof sdrawing Jurors
there, but as 1t die not go into effect un
til July next, fortunately no harm can
have been done by it SO far.
Then there are the1 county ATTORNEYS
salaries and assistants 'woodchucks.
and the law creating. aTstate board of
electricity, too, which gave them control
only of cities of over 12S000.
PRIMARY BILU GOES, TOO.
Then there is the primary election bill
which. as passed. applied only to Henne-
pin county. Unless It can be shown that
there are special reasonS why Hennepin
county should haveJla primary election
law differing radically from the general
custom of the rest of tii6 state it looks
as though the Minneapolis bill would
be swept away by the Mitchell decision.