The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-01-13
COMMISSION MISTAKEN.
City Attorney Daily Will Report Con-
corning New Charter.

City Attorney Daily Will Report Con-
corning New Charter.
From Fridays Daily.
City Attorney DALEY will present a
report to the council tonight in regard
to the proposed new charter, based on
a decision handed down by the SUI
preme court week ago today, in case
involving the st. Paul charter. He will
hold that the charter commission was
mistaken in assuming that it could not
leave the making of the special assess
ments to the board of public works, the
same as the present charter provides.
In the case of Grant et al. VS.. Bcrris-
ford ct al, decided last Friday by the SUI
preme court, speaking on the question of
the charter provisions of st. Paul in
regard to contractors bonds, whether the
same were in harmony with and sub
ject to the constitution and laws of the
state as required by the constitutional
amendment, the court, speaking through
Chief Justice Start, uses the following
language:
IF this limitation on the power of
cities in framing their charters is to be
construed as prohibiting the adoption of
any charter provision relating to proper
subjects of municipal legislation and
matters germane thereto, unless they are
similar to and contain all the provisions
of the general laws on the subject, then as
said by the learned trial Judge, all that the
trainers of charter can do where there
is a law in eXistance at the time the
charter is adopted, is to add such provis-
ions as are not already contained in the
law and are not repugnant to it. If this
is the extent of the power conferred up.
OH cities to make their own charters,
then the constitutional grant is mere
form of words of no practical value.
ut is clear that such is not proper
construction of the limitations. This
limitation forbids the adoption of any
charter provision contrary to the pub
lie policy of the state as declared by
general laws or to its penal code, for
for example provisions providing for
licensing of prize fighting or gambling or
prostitution, or those which are sub
versive to the declared policy of the
state or to the sale of Intoxicating Ii
quors. But it does not forbid the adop-
tion of charter provisions as to any SUBJ
ject appropriate to the orderly conduct
of municipal affairs although they may
differ in details fromm those of existing
general laws.
"This is necessarily so, for otherwise
effect could not be given to the consti-
tutional amendment which fairly implies
that the charter adopted by the citizens
of city may embrace all appropriate
subjects of municipal legislation and
constitute an effective municipal code
of equal force as charter granted by a
direct act of the legislature"
The charter commission made chapter
379, general laws 1901, part of the
proposed new charter because it believed
it could not adopt a charter provision
cvontrary to the general law of the
state. This act is San act to authorize
and empower cities in this state which
now have or hereafter may have no more
than fifty thousand and not less than
ten thousand inhabitants to make local
improvements and to assess the cost
thereof on property benefited thereby"
The act provides for all assessments
for city improvements to be made by
the common council instead of the board
of public works. When the proposed
charter was first informally presented to
the council the council suggested that
change be made in the proposed char
ter giving power to the board of public
works to make the assessment instead
of the council The charter commission
did not believe that this change could be
lawfully made aud suggested that the
council pay the expense of committee
to get bill passed the present legisla-
ture-to give the city authority to re-
tain the board of public works. The
council refused to do this, and the COM
mission then returned the proposed char.
ter. 1t is now too late to change it,
unless it will be lawful for the council
to return the charter to the commission.