Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1899-02-03

Isailed i,etaDse the act does not. In
IcInde will lges that may have been
|fncorpor 4ted under the general "a We
lt,f l8es tetween Ian. Il ). 1891, ami
Marci, ! alSg3, the date OF enactment
]of the Gu fsftive uct. sz:>.* DUH.
This " 0ll,d no / affect the validity oi
fthe act it1n fact there were no viii
lagos insorporated between those
dates y hieh bad passed or made any
invalid t'fdinances Or contracts of
the kind Tor uutiersthe ecircumstances
descrit,edsin the curative act to
which theactS would have applied.
or whichWould have been affected
with its Tits terms had been other:
wise hrDaa enough to- include them
This presents. a peculiar state OF
facts: This is not a matter which is
necessarily the subject OF proof On
the trial ,lor the reason that court
will taken,ticial notice Of ali facts
bearing WpOn the constitutionality
tH statd1e. But We do not actual
lv know hat the facts are and can
only tindYa,it by examining the rec
ords in the office Of the register Of
deeds nsfery county in the state to
ascertaitlAswhat villages have been
"tganizedslnder the general law tf
1895 bet tWgAn the, dates nameck and
theu exaMlning the records and pro-
ceedings Mill such villages, if any.
Mas We wllItlave t., affirm the former
decision Upon another ground we de-
cline at tits time to pass upon this
phase OF thfease. sr
I By special IL ws,,:1s8e, Ch. 8. all. the
terrttoryHssithin: The limits of the
village, WHhsome contiguous terri
tory wasdneorporated into the city
of Little Falls as the successor of the
village ofAhe same name. This act
providednthat from and after it's
passage The village municipal gov
ernment should cease and the city
should ttIereupon succeed: to all the
propert y Sf the village and be liable
for all its debts, and that ull> rights,
privilegessand franchises heretofore
granted In. the .viilage should con.
tinue and5be in force 10 the city wi til
the ga amernlidity and for the same
time. andAlpon the same conditions
as If granted by tue city; also tn at
all ordinances Of the village not in.
consistentf with the provisions OF the
act wereAdppted as the ordinance es
Of the city1 and should remain in full
force until repealed or amended by
I'll ii
question Ioes mot come WITHIN ia,
Operations. OF the curative ~act. be.
cause the village OF Little Falls had
previously ceased tn exist, and the
city OF the same name became itt
Succession: and the act does not apply
to cities. 1t is true the act does not
apply to cities, but the subject Of tht
act is not existing villages, but Ger
tain ordinances and contracts passeC
or m ade by villages in the past. The
whole act relates to the past a1d II
purely curative OF past r'acts. Th,
original ordinance was passed or
Jan. 10, I8&9. while Little Falls wai
still a village, and therefore ONES
within the pro visions of the curati
act. notwithstanding the fact thai
snbsequentiy, and before the act wa'
passed the village as such had ceasee
to exist and the city beca me it's sue
cessor. For the same reason ".
think the title Of. the act, to-wit
"An act legaiiziug and confirmin s
village ordinances and contracts IL
|certain cases'' sufficiently expressed
it's subject:
But while the original ordinance
was passed by the village, it is al
legged that 1t. was amended by tn,
lefty Dec: 10, 1889. which was nftel
the village had been superseded h,
by the city. The ordinance h.
amended ts get out in the complaint
but it no where appears what wer
the provisions Of the original villag
Iordinance Or, what were the provts
lions otSthe amends tory CITY ordi
nance. .s:4i,s, 81, s:s<.
b Hence, ,for any thing that iaaliegeti
the thirty year contract referred t,
lin the former opinion might hav
been enacted not BY the village bu
BY the city. @zZ..s H =.. ss :.
The curative act would NOT appl,
tozthe aTnendatory ordinance Of tn
!. city. therefore we could nor upon tn
sacts alle,ked il the com piaint hol,
that this provision Of the amende'
] |ordinance was validated by til
curative1act . ii 7. =s.:5s. =s=s .ss
!. II The second question for reargu
ment is:: ]. Il. II 5..=zs..s, z.s=sss,ss.%
hat effect, sif any. should .
4 gtYea Cd the General Laws ls95, Ch
4 EsiE ~.