The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-07-19
HEARD IN HIGHER COURT
CONsTrTUTIONALITY OF THE NEW
CHARTER ARGUED IN GETCH-
Ell APPEAL
BUT ONE POINT CONSIDERED
Gist of the Arguments, Pro and
Con, I'm the Chief
of Police
Custer.

At the beginning of the hearing yester-
day, the supreme court served notice
on the attorneys in the appeal of Parker
l. Getchen against John ]. o'Connor for
an order of custer from the Office of
chief of police, that 1t should consider
only the question of the validity of the
charter
E.. E. Mcdonald and Walter Chaplin
appeared for Getchell, and r. B. Kellogg
and c. A. Severance. of the firm of Da-
Wis, Kellogg & Severance, for the de-
fendant
The arguments were confined to the
points as directed by the court, the
ground of the plaintiff being that the en-
aiding act under chapter 351, laws of 1899,
is unconstitutional, because limited to
cities in existence when the home rule
amendment was adopted, and that the
prior enabling act, chapter 255, laws Of
1897, is inapplicable since the adoption of
the second amendment to the constitu-
ton Chapter 5, laws of 1899, and that,
therefore, there was no legislative war
rant for the framing and submitting to
vote or adoption Of any new charter
whatever; that the enabling act is other
wise inefficient in not providing a frame
work or general scheme Of powers or
limits under or within which charter
might be framed (section &c. article l, of
the constitution. 1t was contended that
the legislative grant of municipal pow
ers must be uniform and apply to all,
and the new charter being therefore in
valid. Getchell had not been removed
as required, for cause, under the old
charter.
The defense contended that the law of
1899, which authorized cities to frame
their own charters, was valid classifi-
cation of cities under the constitution
and section 80 of the laws of 1891. The OBJ
ject of the law was to allow all cities
and villages in the state having diverse
provisions of special charters to form
their own charters. This law included
every city and village in the state at the
time it was passed, and all which might
thereafter desire to incorporate under
it's provisions by adopting their own
charters. This was a reasonable cIassifi-
cation of cities and villages under sec
ton 80, for the reason that there can not
be hereafter any special charters grant
ed to cities and villages, and has not
been since 1891. Any city Incorporating
in the future would be under the general
law, and hence would be in a different
classification.
1t appeared that this charter was
adopted by very large vote, about 49,
900 voting in favor of 1t. The charter
commission was composed of many able
lawyers, and there seems every reason
to believe that there IS no doubt of its
validity.
1t was also claimed that the constitu-
tional amendment of itself included only
cities and villages heretofore incorpo-
rated. and any village that might there
after desire to be Incorporated as city.
1t was shown in the argument that vii
lagos could incorporate under the general
law with It's people and upward, but that
cities could not with less than 1000. 1t
was not, therefore; within the range of
probability that any city would come in
to existence without first having been
incorporated as a village; that all cities
had at one time been Incorporated as
villages, for instance, Winona, st. Cloud,
st. Paul, Minneapolis, Duluth and others.
1t was, therefore, competent for any viii
lage at any time in the future to take
| advantage of this law.
On the question Of removal it appeared
that under the argument Getchell held
under the old charter without any definite
term of office and subject to be removed
at any time; but under the new charter
he merely held office until his successor
was appointed. The charter requires the
police board to appoint a chief of police
for the term of two years
The case was taken under advisement.