The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-12-14
PICKS II % PIECES, 100
HON. ID. w. LAWLER DISCUSSES
THE EFFORTS OF Nj. j. BELL
AND THE PIONEER PRESS
TO ATTACK CITY DEMOCRATS
Says the Construction Placed ON the
Section Is PaIpabIy Absurd
Denounced as Cheap PO-
IiticaI Conspiracy.

u Liz pune COulIHiSSIO0 OF Lnat city and
general attorney of the Chicago Great
Western railway, has been in this city
for some weeks on legal business con-
nected with his company. A reporter
called On him today with his home news
papers and requested an interview rela-
tive to the charter controversy Mr..
LAWYER, after carefully reading the To-
cal and editorial articles referred to, ex-
pressed himself substantially as follows:
Il have no copy of our new charter
at hand, but do not need it to give an
opinion Oh this matter 1 notice by the
papers that the Republicans base their
claim on the following provisions of the
charter and of the state constitution:
Chapter 2, Section 1.-The general city
election shall be held on the first Tues
day in May, 1902, and biennially there
after on the first Tuesday in May.
Chapter %, Section 16-Nothing in this
charter shall be construed to supersede
any officer or officers of said city now
acting by virtue of the laws under which
said city is Incorporated, and any such
officer or officers shall continue in office
as heretofore until his or their term of
Office shall expire, except as otherwise
expressly provided for in this charter
1.-THE new charter was voted for by the
people May 1 and adopted. The amend
me1lt to the constitution reads:
AIlQ IL IOuI-SCNSItLAIS VI (11O NOlS1o
ratify the charter, at the end of thirty
days thereafter it shall become the char
ter of such city or village and supersede
any existing charter or amendment
there
'sThe Republican claim is that it was the
intention of the charter commission, as
expressed in these provisions, to extend
the term of officials who were in Office
on election day for a period of two years
tn 0f tho adnntjOn of the char
ter. This is the legal proposition which
the relator must establish in court should
proceedings be commenced, and that in
tention must clearly appear from the
language of the charter itself, tested by
wel1-settled canons of legal interpreta-
ton. Admitting for arguments sake that
the charter is doubtful, what is the re-
suit of granting this contention? Under
the charter which was in force on May L,
election day, a city election was held,
and four tickets were voted on-Demo-
cratic Republican, Prohibition and Popu-
list. It is the claim OF the Republicans
now that, because at that election four
seventies of the voters voted for the new
charter the election was void so far as
city officers are concerned, and that the
old officers who were elected two years
ago, before the present charter was
thought of are carried over two years.
In other words, the charter commission
intended, as our Republican friends claim
that the charter, if adopted, should be
set in motion not by men chosen by the
people in the same act which brought it
into life and chosen with reference to
the enforcement of the charter, but
should be enforced by a set of officials
who, so far as the people are concerned
were a product of the issues of two years
ago, and in no way in touch with pres
ent needs and requirements. Vote for
Il &c o11a Of
Paul. Vote for the men whom you con-
slider best qualified to carry out its pro-
visions, and if four-SeVenths of you vote
for the charter and seven-sevenths of
you vote for the men to execute it, we
will give you your charter, but you must
have it executed by the men whom you
elected two years ago. Go ahead and
vote and if the charter fails we per-
nit your city to have a new set of city
officials, but if it succeeds you must
keep the old set.
THE effect and consequence of the con-
structon contended for by our Republic
am friends lead to a palpable absurditY.
Let us look closely at the language of
the charter, and see if it cannot be rea-
sonably construed.
Section IS, chapter 23 is a compound
sentence, and both clauses are to he
construed together. The second clause
refers to the same class of officers as
the first clause. The provision prevents
officers from being legislated out of office
except as expressly provided by the char
ter. 1t was but fair to protect officers
for the tenure of their appointment CT
election, and out of the abundance of
caution it was also provided that they
should hold until their term should OK
pirc, except as otherwise expressly pro-
vided. The word supersede' could not
be applied to the old officers because
they were allowed to serve out their
term. They were succeeded not 'su-
perseded,' because nothing was taken
away from them. No lawyer can for
moment claim that a term of office can
be either shortened or heightened except
by clear and express provision. My rec
election of the charter is that it en-
tains some express provision lengthening
the terms of other and minor city Offices
L am not positive on this point, but
should my recollection be correct, no one
could for q moment claim that the terms
of the old mayor, treasurer and comp
troller and the members of the old coun-
Gil could be extended by implication and
by a narrow and far-fetched interpre-
tation.''
81 notice. Mr.. LAWYER, that it is claim
ed that the officers elected on May
have no right to their seats because they
we're elected under the old charter, and
consequently could not qualify on June
9Th, because the new charter was then
in force and no provision is therein made
for their qualifying"
.'This claim is simply ridiculous Quail
flying is simply manifestation Of will
ingness to assume the office, the taking
OF the oath of office and in the case of
two of the officers elected the filing of
certain bonds. All of this was done and
no court would for a moment unseat an
officer who had complied with the re-
quiremerts of the law You may rest
assured that the tenure of the present
officials is beyond attack. Two cases,
the Zimmerman case and the Getche1
case, brought for the purpose of emhar-
RAISING the present Democratic admins
tration, have already been decided. In
both of these cases the entire bench OF
six judges of the district court and the
five judges of the supreme court passed
on the validity of the charter and the
right of Mayor Smith to his office AMI
the legality Of the appointment of the
police commission were undisputed and
are now res adjudicatae.
Are you willing to express yourself
on the political phase of the controversy
and the attack made on the police com
mission?"
Entirely so and simply because I do
not propose that the police commission
shall be put in wrong light before the
people OF st. Paul 1t is composed of men
who serve without any compensation
other than the satisfaction which every