Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1906-02-20

this law the council can be compelled
by-mand Janus to redistrict.
Second. Should your answer to
question No. a be in the Affirmative,
what will be the status Of the alder
men who hold over at the forthcom-
ing city election /. 3s5s5 5s ;s5
2 This. would depend upon how the 1
city was divided into wards. A ward
may be increased or diminished and
still retain its identity and name; and
in such case If the holdover member
Of the council should reside in the !
original ward he would hold over
after the city has been redistricted.
In case the holdover alderman ne
sided in a part of a ward as now con-
stituted, that, when redistricted,
would be joined to another ward or
form part Of an entire new ward, his
Office would fall and he would not
then hold over. The rule is that the
official functions of local officers fall
with the political humiliation of the
locality for which they were. chosen
or appointed. s ~ E'553ss$ n ss. .,s
Third. Will each Of the aldermen
who hold over become aldermen of
the ward in which he resides, pro-
rided the city has been redistricted?
The holdover aldermen residing in
a ward that retains, its political ident-
ity, including name, after redistric Ct
ing. would continue in Office for the
full term Of two years; otherwise
not r. 1, ~. s:s f.s.s E.
Four. I Should your answer to
question No. j be in the negative, OF
partially so,: what is the proper
method to pursue in order to secure
proper aldermanic representation for
the city, in accordance with the latest
census and what will be the status OF
the aldermen who hold over? IN, ssSa /.
The council should divide the city
into six wards. In the new wards,
that is, five and six, two aldermen mel,
tshould be elected the same as for a.
first election. In the old wards When,
under the Encouragement, the politi-
cal identity of the ward shall have
been lost two aldermen also should
/ be elected. In any ward where the the
political identity of same shall be re-
Itained, including name. and the hold
| over alderman resides therein, one
alderman only should be elected. Z
4 Five. Should the present arrange
. ment of the wards and number OF the
aldermen remain unchanged, will the
subsequent acts OF the council and
lefty officials be legal or otherwise, es-
pecially as those acts might relate to
the issuance of sewer contracts or
any other evidence of indebted ness,
for the making of contracts? Il .,.zss. :
| cannot answer this. question by
| saving that official acts would be
legal or otherwise" under such cir If
cumstanees; that is, any particular,
loficial act. The city would still pc
a de facto corporation. De facto cor
j porations can always perform certain
4 acts. but it is difficult to say in a as
4 vance vance as to what acts shall be legal
land what not legal, especially as re-
lgards contracts with individuals. Il
lsuppose if the council should not re-
district under the present law and no
writ of mandamus should be issued,
such a condition. would not AFFECT
lany bonds heretofore sold, or taxes
/ LEVIED or lawful contracts entered
into on the part OF the CITY,. Neither
4 would such an omission in itself
work dissolution Of the corporation.
Even failure to perform such acts
4 as these or to elect officers for a series
of years would not work a dissolu-
Ition of the municipal corporation
1.-THE officers would hold over. In case
| Of failure to comply with the law,
4 as to taxes in the future, it has been
4 held when a village contained within
i county or precinct becomes organ
Iized ais city, under a statute requir.
ing the city authorities to divide its
4 territory into wards, and enactine
that each ward should constitute
Iprecinet when so created, the pre-,
], existing precinct will. for general rev,
. enue purposes, remain unaffected un'
,ttiI such division shall have been duly
!, made. The rule Is somewhat differ
lent as to contracts made with individ.
iuals. Al person contracting with 4
municipal corporation Is required e
3 know whether the corporation is z
], Ide lure or a de facto corporation, AMI
y the law relating to each, as well Al
q 1.-THE law relating to the subject matter
81 Of the contract. Under such circum
d stances the conditions become so com
i Iplex and the final results, from 4
legal standpoint, so uncertain, tina
II persons viii generally refuse to maxi
contract ait the outset. The obiec