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

City Attorney John 4. Slater pre-
sented to the City Council Monday
evening his opinion of the election
laws of the State and their bearing on
the city election of this city. The
opinion not only makes it unnecessary
to hold an election for Mayor this
spring, but it declares new regime in
the city government of Kenosha.
From the first of next May the police
and fremen of the city will pass under
civil service, under the direction OF
Boards of Police and Fire Commits
sioners and in the future all of the city
printing will be let to the lowest bidder.
The full opinion of the attorney is
as follows:
To the Hon. Mayor and Common
Council of the City of Kenosha:
Gentlemen:-At the omeeting of the
Common Council of the city of Keno
sha, held on the 10th day of January
last, l called the attention of your hon
orable body to chapter 443 of the laws
of 1901, advising you that notwith'
standing the expression of contrary
views | was of the opinion that said
chapter applied to the city of Kenosha
and suggested further investigation
and an opinion later.
After a careful, thorough and ex-
tended examination l beg TO submit
the following:
Chapter 443 of the laws of 1901 fixes
the terms ofsalllcit officers chosen by
the electors after the@passage of said
act, in cities of the second, third and
fourth classes at two Cyears, except
aldermen in cities governed by special
charter, and repeats all acts or parts of
acts inconsistent with the provisions
Of said chapter.
A determinationsof the question as
to whether'said law applies to the city
of Kenosha, involvesIthe consideration
of two important propositions:
First:-Is the city of Kenosha in the
third class of cities?
Second:-If a city of the third class,
what important ''changes, if any, are
required and mandatory under the law?
The special charter ,of the city of
Kenosha, as amended in 1885, enumer-
ates the officers of the city of Kenosha
and provides for an annual election
for all city officers, fixing their term of
Office at onesyear, swith the exception
of justice of the peace, @aldernen and
school commissioners, whose terms of
Office shall be two years.
Section 925-I of chapter 40a. Of the
Wisconsin Statutes of 1898 divides cit
les incorporated uunder the general
charter law into four classes, the third
class being cities with population as
determined 'by,a the last national or
state census of tensthousand or over
and under forty thousand, and provides
that "any city incorporated hereunder
shall pass.Ifromi one class to another
when it has, sufficient population and
its Common Council shall by ordi-
nance or resolutionEmake publication
thereof andGmake proper provision for
such change in the city government. :"
The last paragraph of said section
further provides and reads as follows:
settles under special charters shall
be divided into like classes determined
in the same manner"
Section 1926 off chapter 4Ob. of the
WisconsinsStatutes of 1898 permits Cit
les like the city of"Kenosha, incorpor-
ated by special Iact, to adopt by ordi-
nance the provisions of any sub-chap-
ter, sectionNor subdivision of chapter
40a. aforesaid, and further provides
that such ordinance may declare such
city to be'of Ascertain class naming it,
according tosthe provisions of section
925.I, such sclass to be determined by
the last nationalsor state census.
No action shas been taken by the
Common Council by ordinance, resolu-
ton or otherwise. declaring the city of
Kenosha to be in the third class of cit
les, and no action has ever been had by
the city declaring it to be in any class,
The CONTEMPORARIES that by reason
of the non-action of the Council, chaD
ter 443 of the laws of 1901 does not ap.
ply cannot be overlooked and is worthy
of due consideration, for to insist that
the city of Kenosha became city OF
the third class byImere force of attain
ing the required population we must
contend thar the declaration referred
to in Sections o25 / and 926 aforesaid
does not apply to specially incorpor'
ated cities.
At first blush the reading of the two
sections referred to would seem to in.
dicate that it would require not only
the necessary population, but also the