The Minneapolis journal., 1901-02-19
LET THE MAYOR "TAKE CARE"

In the charter of the city of Minneapolis
the chapter which defines the powers and
the duties of the officers of the city begins
with these words:
Section THE mayor shall take care that
the laws OF the state and the ordinances of
the city are duly observed and enforced with
in the city
This is the first duty assigned to the
mayor. 1t is the letter in his official
alphabet. The state of Minnesota provides
for the mayor of the city, allows the
voters of the city to select the man. and
instructs him that when so selected, his
first duty of all is ''to take care that the
laws of the state are duly enforced
This language is not new. It is the
mode of expression which has been en-
ployed in appointing the duties of the
chief executive, in American charters and
constitutions, for over 200 years. The
phrase was introduced into the charter of
Minneapolis, in imitation of the constitu-
tion of the state, which says, in defining
the duties of the governor: HE shall
take care that the laws be faithfully exc
cuted." And this statement Of our state
NOAoC4LulIOn Is IdhSu FSTDdIlu 1TOm tuS
constitution of the United States, where
the duties of the president are defined.
The same phrase is in common use in
other states, for the same purpose. So
this primary duty of the chief executives
of state and city in Minnesota is both
fundamental and universal.
Now, it has come to pass that the gov
ernor Of the state and the mayor of the
city have come into conflict over the ques-
tion whether the law of the state which
prohibits glove contests or sparring
matches shall or shall not be enforced in
Minneapolis. The mayor had announced
that he did not see anything wrong in a
certain proposed sparring match, and that
he therefore would not interfere with 1t.
The governor has advised the mayor that
the law must be enforced, and has de-
manded that the mayor do 1t. Thereupon
the mayor yields, so far as his official ac-
tion is concerned, but still retains his own
such contests.
II this had been a mere difference in
official opinion, no more need be said
about it. But the mayors public utter
ances in connection with his change of
official action show that his conception Of
his official position and of the extent of
executive duty are materially wrong. He
be present with me at the contest which
was to come of Monday night, and
pledged him that at any time he might
consider it brutal or contrary to law,
] would stop it at that moment The
action so proposed would not be an en-
forcement Of the law made by the legis-
lature, it would be the making of a new
law.
He further says: "If the law is to be
construed hereafter as at present, shall
feel called upon as the chief executive
OF this city to stop any and all sports
whereby life or limb may be in jeopardy,
and I shall be the judge Of that fact" and
includes among the athletic sports which
he will prohibit, exercises which have
been had at the Young Mems Christian
Association, which 'jeopardized life and
limb" and at the university, where in
one instance lone Of our young men re-
ceived serious injury to his wrist" This
is not promise to ''take care that the
laws now in existence shall be "duly OBJ
served; it is a threat that the mayor
is about to make some new laws, and to
enforce their observance. Indeed, he has
already usurped the functions of the legis=
lature, for he has made and promulgated
new law. in his instructions of yester-
day to the chief of police. wherein, after
telling him to enforce the law against
glove contests and sparring matches, he
adds ''all athletic exhibitions where life
or limb is placed in jeopardy will not be
allowed to take place in the city,
Just here, the mayor should ''take
care" In his zeal to enforce the law as
1t stands he has no authority to enlarge
it. The act of 1889, against boxing
matches, to which the attorney general
has called the mayors attention, does
not classify such exhibitions, making
jeopardy to life or limb an element in
their illegality. The legislature has not
seen any reason to stop athletic sports
on the ground of their danger in this
respect. If the mayor, or others, think
there should be further legislation for
the protection of life or limb, let them
memorable the legislature on the sub