The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-10-25
NEW CHARTER NEEDED
HOME RULE CHARTER BILL Of
FERS A WAY OUT OF THE
SCHOOL DILEMMA
COMPTROLLER MCARDY's VIEW
He Says the Law Has Been Pro-
nounced EEsaiaIty, and That the
Only Remedy for the Existing
Difficulty Is to Await the Next
Session OF the Legislature and Sc
cure Relief There.

Session OF the Legislature, and Sc
cure Relief There.
Ihe movement for new charter to re
lieve the situation in which the city of
St. Faul finds itself will take definite
shape at meeting of the directors CT
the Public School union which has been
called by President P. j. Smalley to con-
slider the situation tomorrow evening.
The legislation of 1899, in order to make
effective the coastitutional amendment
adopted by the vote of she people in 1898,
familiarly known as the home rule for
cities amendment" apparently, at least,
gives the citizens of st. Paul-the right to
procure new charter of their own MAX
ing, subject only to certain limitations by
the general law.
Some claim that the law is ineffectively
drawn and would not stand the test in
the courts, although it has not yet been
passed upon.
T'lie law offers one rou.e oll5 OF the d.
lemma. The passage Of a. general law
applicable to all cities offers another.
That is to say, it is legally possible, a.
though probably impraoicab.e on account
of the vastly different conditions exist
| irg In various cities of the state
The repeal of The amendment which
prohibits special legislation Would tech
nically rid the city Of the evil, but it is
a possibility even more remote than ever
now, since the people at the last election
changed the constitution SC as to require
q majority vote of all the voters voting
at the election, instead Of merely major
ity Of those voting the subject, to
amend the constitution.
The general effect Of the decision
Of the supreme court preventing any
| change, however general in terms,
which in effect amends the special char
ter granted to the city Of st. Paul before
the passage of the anti-special legislation
amendment. leaves therefore, the home
rule for cities" law of 1899 apparently
the most feasible solution of the diff
Guilty; unless City Comptroller McCardy
has some surplus fund up his sleeve Which
can be tapped to save the schools in the
spring and permit their continuance
through the year as scheduled.
The charter bill of 1899, introduced in
the legislature by Representative George
Laybc urn, of Duluth, provides that any
city Incorporated prior to Nov 8, 1898, or
any village desiring to be incorporated
| as city, may frame a charter for its own
government as city.
The judges of the district court may ap-
peintea commission of fifteen freellolders,
resident five years In the village or city,
if they deem it advisable for the best in
terests of the city, or in their discretion,
upon the petition of 10 per cent of the
voters of the city or village. Their term Of
office shall be four years, and within six
months from their appointment they shall
return to the chief magistrate Of the city
a Craft of a charter, which shall be sub
| mitted to the voters at the next election,
| and, If ratified by four sevenths of the
| qualified voters, 1t shall supersede the
| existing charter and all amendments
thereto Two restrictions are imposed;
| that the charter to be SO submitted shall
be In harmony with the constitution of
the state, and that in cities now having
patrol limits it shall require three
| fourths, instead of a four sevenths vote
| to make the change.
The charter commission is made con-
| tfnuous, vacancies by death, removal,
| resignation or expiration of term being
| filed by the court as on the first appoint
| ment. and amendments may be asked for
by per cent Of the voters and the COM
mission shall submit to the people any
| amendment so asked for.
The charter must provide for a mayor
| or chief magistrate and a city council.
| The latter may consist OF two bodies, in
| elected by a general vote of the electors.
| Vested rights shall not be affected by
| the new charter and ordinances, resolu-
| tions and regulations in force under the
| old charter shall continue in force, I'M
| less inconsistent Herewith, until altered
! or repealed by the council.
| Such charters may provide for the regu-
| lation of public franchises and privileges
in streets and public places of the city,
| f,oT hi CHI Ia
| ed nor any exclusive franchise or mo-
! popoly for longer than ten years and then
| only after ratification by majority vo. e
! of the people.
TIL. city council shall control the prop
| erty and finances of the city. and may
| issue bonds, except that the total frdebt-
| edpess shall not exceed 5 per cent OF the
| taxable valuation. In this term Indebted
| ross shall not be counted certificates IF
| indebtedness issued for the creation of
and maintenance Of a permanent i'm
i nrovement revolving fund, or bonds Is
| sued for CITY water and lighting plan 8.
But no city council shall issue bonds for
| any purpose to the sum of COO with
| ont the issue first being approved by q
majority of the legal voters of the city
voting at general or special election.
II The charter drawn by the commission
is rejected it may prepare another In ike
Inns
again This procedure to continue, If
need be. until the evils complained OF can
! be eradicateI.J
w H. Lightnelt who was a member OF
| the old commission, said yesterday that
so fa4. as he knew, no legal objection ad
been made to- the act IT was possic O..
aside from the matter OF law that the
city might leave well enough alone, IS
the present charter was keeping taxes
4 hut I1Cy hn q
could get any. more money under the 'x-
listing, situation he did not SEE without
| a new charter He had not given the Jaw
of 1899 any especial study. but if it should
be declared invalid then the o.G law
would seem TO be still in force
There had been some doubt as to the
power of the former charter commission
to discuss the matter and draw a new
/ charter but the presumption that new
! commission might be asked for in the
same manner as the old one he saw no
| objection TO.
/ It might be possible that there wera
! some things In the new law that would
not bear the test of the courts. but they
need not involve the entire law.
w. B. Dean, who was also member OF
the commission which drew the charter
| which failed of ratification by C os }
vote. said yesterday that he had under
| stood that the charter would have been
adopted but for the fact that it redrcsd
the salaries of the officials and required
merit system for examination for
! places in the civil service, which antagon-
! lied the officeholders, as we'll as many
who hoped to hold office, and pc! hap5 cost
| 1t its life.
Comptroller McCardy, in speaking of
the demand and necessity for new char
ter, Yesterday declared that it would be
impossible to adopt a new charter until
after the legislature had passed an en-
aiding act The comptroller said he had