Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1903-05-22
st. Paul. May 9, 1908.
Charles E. Vasaly, Esq.,.
MaYor.
Little Falls, MINI.

A00A 0AA .OAuo1 udto VI April 1lCQ
you write to this Office asking for our
opinion as to whether or not Chapter
175 of the General laws of 1901, which
provides method of assessment for
street sprinkling in cities of 10, 600
inhabitants and less. applies to the
City Of Little Falls, which city adopt
I'd In February 1902 a charter under
the amendment to the constitution
adopted November s, 1898, being Sec
tion s6 Of Article I, authorizing any
city orcMllage in this state to frame
charter for It's own government as a
city consistent with and subject to
the laws of this state. This amend
ment to the constitution also provides
that the legislature may enact
general laws regulating the affa irs of
class cities, which laws shall be para
mount while in force, to the provi-
sions relating to the same matter in
cluded in the local charters. -s..~..
Itlt ii .sd
which law is to BE considered para
mount = under this constitutional
amendment in cases where the legisla-
ture has subsequent to the adoption of
charter BIZ city or village enacted
a ageneral law applicable to cities or
villages of certain class.
A somewhat different question, how
ever, is presented when such general
law is in force at the time a city or
village adopts it's charter containing a
provision inconsistent with such exist
ing law, am satisfied that the courts
would hold the general law tobe para
mount. A city-say Of the class OF
10, 900 or under-adoptiug q charter,
would be required to continue, at
least go far as any charter provisions
was concerned, all the general laws OF
the state enacted since this constitu.
tional amendment, applicable to its
class for if it is competent for the
Legislature to enaota general law regu.
lating the affairs of cities Of q certain
class which shall be deemed para
mount while In force. to existing pro.
visions Of local charters relating to
the same matter. it follows that gen.
eral laws In foroe, at the time Of the
adoption Of the charter enacted sub:
seqnent to the constitutional amend
ment, applicable TO cities of any Glass.
supersede conflicting ..oharter provi-
siona The purpose Of tho constitu-
tional provision authorizing the legis-
:lature to pass general laws regulating
the affairs Of Glass cities and villages,
is to secure with reference to certain
municipal a6airs. . uniformity Of
government under plan which meets
with the approval Of the legislature
Take for instance the local improve
ments. and the levying and collections
of assessments. Is there any reason
why one city Of . class should haveone
system and another city Of such sclass
an entirely different one' When the
Legislature has once establisned 4 rule
or system regulating the business
affairs Of cities by class, not only
the cities In the class o. the time the
law .is enacted are made subject there
to. but all cities afterwards coming
into such class, as WELL If this was
not the case. then the purpose Of the
constitutional provision to secure uni
formity In the government Of cities of
certain established classes, would be
defeated. I therefore give as my
opinion that Little Falls is subject to
the 1901 act. 4 ~. !, -. =
" Yours very truly,
w. J. Donahower,
a.g~.s .s.s.z. zs Asst. Atty: General.
I Prof. Bruins the optician will be at
Little Falls In Hotel Buckman Msy28-
1880. eyes examined free.