The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-09-25
CITY WANTS TO KNOW WHETH.
Err ARMORY ISSUE is CON.
sTlTUTfoNAL
APPEAL TO BE MADE
TO riff Supreme COURT
Mai. Lambert, Of the Armory Board,
Contends That the Enabling Act of
1899 Under Which Cities Are CLASH
fled as to Limit of Bonded lndebt-
edness Will Not Hold.

A question as to the constitutionality
of section 10 Of the enabling act, which
puts a limit on the bonded indebted
ness Of cities where the indebtedness
is over 5 per cent, is to be raised in
the supreme court at the October term.
| The matter is to come up in the
appeal from a decision. of Judge Bum,
Of the district court of this county, on
the armory bond matter. The council
ordered the issuance and sale of $685.
| 600 worth of bonds for the purpose OF
erecting a new armory for the ma
tional guard. The firm which pur-
chased the bonds refused to accept
them on the ground that the city hav-
| ing passed the per cent limit Of
bonded Indebtedness could not legally
issue them. Judge Bum held this to
be the fact.
| Maj. George Lambert, one of the
| trustees Of the armory board, and also
an attorney who is assisting in pre-
pairing an appeal in the case to the SUI
preme court, contends that section 10
| of the enabling act is unconstitutional
in that the classification of cities is
arbitrary and that it is impossible for
city born in one class to get in an
! other. Il ssas
The brief which via be submitted to
| the court on this point contains the
following contentious:
The Arsunent.
1t has been assumed in discussing
the act of 1899 that was valid and
constitutional. But an analysis of the
several provisions attached to section
10 discloses the fact THAT the classifi-
cation therein adopted by the legisla-
ture is most arbitrary one and vio-
lates the constitutional provision pro-
hibiting special legislation, as well as
the more recent constitutional require
ments governing the. classification of
cities in the application of general laws
relating to their$affaifs.
In defining the powers and limita-
tons of the city council, section 10
of the act of 1899, divides the cities
in six distinct classes based upon their
status when adopting a charter.
First-Cities whose total indebted
ness, exclusive of permanent improve
| ment revolving fund certificates, does
not exceed per cent Of the total value
of the taxable property.
Second-Cities whose total indebted
ness, exclusive of permanent improve
ment revolving fund certificates, ex-
ceeds 5 per cent Of the total value Of
| their taxable property and who have
not issued light or water bonds. @
Third-Cities whose total indebted
ness, exclusive of permanent improves
ment revolving fund certificates, eX-
ceeds per cent of the total value of
their taxable property and who have
issued light and water bonds.
Fourth-Cities having a population
of less than 5000, whaSe total indebt-
+ edness, exclusive of Permanent i'm
provement revolving fund certificates.
does not exceed 10 per cent of the
total value of their taxable property
Fifth-Cities having a population of
less than 5000 whose total indebted
ness, exclusive of permanent improve
ment revolving fund certificates, ex-
ceeds 10 per cent Of the total value
of their property, and who have not is
sued light or water bonds.
SiXth-Cities having a population of
less than 5000 whose total indebted
ness, exclusive Of permanent improve
ment revolving fund certificates, ex-
ceeds 10 per cent of the total value of
taxable property and who have issued
light and water bonds.
Makes Awkward Restrictions.
his, II Is cOIlloEQou, d1lOWS Clues III
the second, third, fifth and sixth
classes to bond their floating indebted
ness beyond their debt limit, which
privilege is denied cities in the other
classes.
Cities in the third and sixth classes
may continue to issue light and power
bonds without limit, while cities in
other classes are restricted to the debt
limit prescribed for other purposes, al
though they may possess a light and
water plant which they desire to eX-
tend.
Cities in the first class can, under
no circumstances, enter the second or
third class, and vice versa. They must
forever remain members of the class
in which they We're born, for the clas-
sification is based upon the arbitrary
financial conditions existing at the
time of their birth under the act, and
their rights and privileges are govern
ed and fixed by the same accident.
The constitution provides that 1.-The
legislature shall pass no local or spe-
cial law regulating the affairs of any
city; that the legislature shall provide
general laws for the transaction of any
business that may be prohibited by
section of this amendment, and all
such laws shall be uniform in their OPP
Grafton throughout the state; that the
legislature may provide general laws
relating to affairs Of cities, the applica-
ton Of which may be limited to cities
of over $4,000 inhabitants; or to cities
of $4,000, and not less than 10000 in
habitants; or to cities of 10000, and
not less than 10000 inhabitants, or to
cities of 10000 inhabitants or less"
The provision last quoted is part
of the home rule amendment under
which the enabling amendment Of 1899
was framed, and yet in the only pro-
viso of section 10 of that act where
the population test is used this con-
stitutional test is totally disregarded.
ESCAPED LUNATIc GOES
BACK TO MASON CITY