The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-03-06
CHARTER SUPERIOR
TO ANY SPECIAL LAW
JSdqe Brill Files important
Decision Affecting Cities
Rights and Powers.

The charter of a city constitutes a law
taking the place of special legislative acts
and of the general state law upon the
same subjects. The only restrictions upon
a city charter are that it relates to mat
ters proper for municipal legislation and
that it must harmonic with the spirit
of the general state law.
This is the tenor of an important de-
cision filed yesterday by Judge Brill in
the district court. The case under con-
sideration was that of John Grant and
others against E. F. Berrisford and other
bondsmen of w. j. Preston. Preston
built sewer for the city; John Grant sold
Preston materials, for which, as Grant al
leges, no payment was made.
The defendants, demurring to the COM
plaint alleged that, according to the law
of 1897, Grant should have given notice
of his intended suit within ninety days
after furnishing the last of the mate
rails.
The plaintiffs insisted, however that
the law of 1897 was superseded by the
present city charter which does not re-
uuire the ninety days notice.
Judge Brill took this view of the case
and overruled the demurrer.
The court says:
Opinion of the Court.
1.-THE point of the demurrer is that the
ninety days notice before suit is in force,
and the notice not having been given,
plaintiff cannot recover Plaintiff claims
that the general law has been superseded
by the charter, which does not require
notice.
"The constitution and act of the legis-
lature under which the charter was
framed and adopted, contains provision
that said charter shall always be in har-
10
ton and laws of the state of Minnesota
Defendants contention is that under this
lmita ton laws in existence at the time
of the adoption of the charter are SUI
preme in all particulars; that such laws
cannot be changed or modified by the
charter, and none of their provisions can
be omitted from any provision of the char
ter upon the same subject; and, if omit
ted, they are still applicable notwith-
standing the charter. In other words, all
that the trainers of a charter can do,
where there is law in existence at the
time the charter is adopted, is to add
such provisions as are not already con-
tanned in the law and are not repugnant
to it. If this Is the extent of the power
conferred upon cities to make their own
charters, then the constitutional grant is
q mere form of words of no practical
value.
purpose was TO Get Keller.
'iAt the time of the adoption of the
home rule amendment. there were laws
In existence covering nearly all matters
relating to municipal government. All
the cities of the state were acting under
charters, which were special laws en-
acted by the legislature and which could
not be amended except by general laws
applicable to all alike. 1t was the pur-
pose of this amendment to relieve these
municipalities from the cast-iron rule to
which they had been subjected by
former amendment to the constitution
and to give to each city power to regu-
late its own affairs and adopt such pro-
visions as it deemed necessary or wise
for its own government, without regard
to the provisions of the charters Of 9TH
er cities or the general law upon the
same subjects, so long as the provisions
adopted were not repugnant to the con-
stitution and were In harmony with the
public policy Of the state. Charters thus
adopted will, of necessity, in many re-
spects be unlike and at variance with
charters heretofore granted by the legis-
lature and different from the charters
provided for by the general laws then in
existence.
Wanted a Change
obviously the constitution granted the
power in order that the city might make
the charter different from that which had
been specifically enacted by the legisla-
ture and different from that provided for
by general law. Otherwise the grant is
without force and is meaningless. The
purpose was to allow the localities them
selves, instead of the legislature, to pre-
scribe the essential regulations demand
ed by differences in local situations and
necessities
ut was intended that all subjects of