Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1902-05-09
OPINION

+ ~ ~. -s>.f# WRIT QUASHED
" OPINION e. @- 3
1 bis is proceeding in the nature
OF quo warrantO on the relation of
the attorney general to GUST the
respective respondents from the
exercise of certain claimed corporate
franchises under the provisions of an
alleged new charter of the city of
Little Fails. The admitted facts are
these: The city of Little Falls was
and still is Incorporated by virtue
OF S. L. 1889, c. 8, unless proceedings
taken under the provision of L. 1899,
c351, as amended by L. 1901, c. 1923, to
frame and adopt such new charter,
are valid. In November 1901 the
Judges Of the judicial district In
which the city is situated, upon a.
proper petition duly appointed a
board OF fifteen free holders to adopt
a proposed charter for the city. The
board duly discharged that duty
and returned such charter to the
mayor of the city. Thefeupon
a special election was called and
the charter was submitted to and
ratified by the qualified voters of
the city by the required majority.
1t is by virtue of this new charter
that the respondents are exercising
the franchise in question. 1t is the
contention of the relator that this
charter was never legally ratified.
because so much of c. 351 i'd. as pro-
vided for the submission OF the char
ter to the voters at a special election
to be called for that purpose as there
in provides is unconstitutional. This
is the sole question In this case. Sec
ton SO of Article 4, of the state con-
stitutiOn, known as the home rule
amendment, authorizes any city or
village OF this state to frame char
ter for It's own government which
shall be submitted to the qualified
voters of such municipality ''at the
next election thereafter" that is, af-
ter it is returned by the board ap-
pointed to draft it to the chief magis-
trate of the municipality. The con-
tention of the relator Is that the
words of the cons titu ton which we
have quoted, mean the next regu-
lar municipal election and that the
words cannot be given any broader
c obstruction. so as to include special
elections appointed, as provided by
statute, for the purpose OF voting
upon a proposed charter. This con-
stitutlonal amendment requires the
legislature to provide the necessary
machinery for carrying it's provisions
into effect. 1t is not self executing.
In the discharge Of this duty L. 1899
c.35l was enacted, and by section 4
thereof as amended, the legislature
provided that such proposed charters
might be submitted at either a
general or special election. This was
necessarily a legislative con-
struction of the words OF
the constitution t'at the next cleo
tion," and it appears from the records
in the Office OF the secretary of state
that eleven municipalities of the
state have ratified new charters or
amendments to existing ones at
special elections. # it were abso-
lute]y clear that this legislative con
structiOn and municipal action were
wrong for the reason that the con-
stitu ton requires all proposed char
acters to be submitted for ratifica-
ton by the voters at the next regu-
lar municipal election after the
return thereof to the chief magistrate
Of the municipality, it. wOul1 be our
duty to so declare, no matter what
! the results to public and private
interests might be. But such inter-
ests do demand that we proceed
with great caution and sustain the
statute unless completely satisfied
that 1T violates the constitution.
LIE u u6SClOu Is uOU lICc lfOHl uOuOU,
but we are OF the opinion that the
constitutional mandate in question
was intended not to limit the power
of the legislature to regulate tho
manner of submitting the charter,
but to speed it's submission, hence
the provision that it must be sub
nlitted at the first election held after
it is returned to such chief magis-
trate. If it had been the intention
of the trainers of this constitu-
tiOnal amendment to forbid the
submission of a. proposed char
ter at special election, it is reason
able to assume that the intention
would have been clea1ly expressed
by using the words at the next gen
eral municipal election thereafter, ''or
some similar phrase. 1t Is a signi-
ficant fact in this connection that
| relating to the submission to
| the provision of the constitution