The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1903-03-19

''Section /. For the exercise of cor
porate power and other appropriate
purposes, and for convenience of legis-
lation, all cities incorporated under
special charters, granted by the Legis-
| lature of this state, shall be divided
into classes as follows: Cities contain
ing population of one hundred and
| fifty thousand or over shall constitute
the first class of cities incorporated
under special charters; cities contain
ing population of forty thousand or
over, and under one hundred and fifty
thousand, shall constitute the second
class of cities incorporated under spec
ial charters; cities containing ten
thousand or over, and under forty
thousand, shall constitute the third
class of cities incorporated under
special charters; cities containing less
than ten thousand shall constitute the
fourth class of cities incorporated
under special charters. The popula-
ton as affecting the class to which
any city shall belong under this act
shall be determined by the last nation
al or state census"
This section with the purport of the
language practically unchanged, now
appears in the Wisconsin Statutes of
1898, as section 926-I, of chapter 40b.,
entitled, sOf Cities Under Special
Charters
| 1t will be observed that the action by
the Council apparently required by
section 925-I of chapter 40a. aforesaid
is entirely eliminated from the later
act Of 1895.
Independent of the opinion in the
Johnson case, section 926-T of chapter
40b. aforesaid, being for the govern
ment of cities under special charters
and later law than section 925-I of
chapter 40a. seems to me must control
and that no action by the Council is
necessary
am of the opinion, therefore, and so
advise, that the city of Kenosha is
city of the third class; that chapter
443 of the laws of 1901 applies, and
that the city officers chosen at the mu-
nicipal election held in 1902, were
elected for term of two years.
II we are correct in the opinion that
the city of Kenosha is city of the
third class important changes are re-
quired and mandatory under the law
for the government of the Police and
Fire Departments, and new machinery
must be set in operation radically
changing the present system of gov
erning said departments.
Section 959-40 of chapter Al of the
Wisconsin Statutes of 1898 requires
that in all cities of the second or third
class, however Incorporated, "there
shall be board of police and fire COM
zens." The law makes it the duty of
the Mayor of every such city on or be-
fore the first Monday in each May to
appoint one member of said board for
term of four years.
| Chapter 247 of the laws of 1897,
which does not appear to be incorpor-
ated into the Wisconsin Statutes of
1898, (having accomplished it's pur-
pose,) points out the method of organi-
cation in the first instance.
BY the Police and Fire Commission
Act, the appointment, promotion, sus-
pension and removal OF police and fire.
men is taken from the Council and
vested in the board of commissioners,
who are to prepare and adopt rules and
regulations to govern the selection and
appointment of persons to be employed
in either department as in their judg-
ment shall be adapted to secure the
best service in each department.
The only duty this new law seems to
impose upon the Common Council is to
fix by ordinance the salaries of the Off
GERS and men in the police and fire de-
partments.
This transition into the third class of
cities brings us within the purview of
section 925-46a. of chapter 40a. of the
Wisconsin Statutes of 1898, requiring
the awarding of the contract for pub
lie printing and the designation of the
official newspaper to the lowest bidder.
Under this section the Council is re-
quired on or before the second
Tuesday in April in each year to direct
the clerk to advertise for proposals for
doing the city printing.
The section points out in detail the
procedure to be followed thereafter.
Other changes for the government
of cities of the third class are required
by the law to which your attention will
be directed in due season.
Respectfully submitted.
JOHN c. SLATER, City Attorney.
Dated Kenosha, Wis, March 16, 1903.
KENOSHA DOWNED AGAIN.
| Waukogan BOwIers Take an Awful Fall ont