The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-09

June 1873 (Ch. 1853, 20 Stat. L. 1917,
congress enacted that the words "the
Legislative assemblies Of the several
territories shall not grant private
charters or special privileges" in Sec
1889 r. s., U. s., shall not be con-
strued as prohibiting the legislative
assemblies of the several territories
of the United States from creating
towns. cities or other municipal cor
porations and providing for the gov
eminent of the same and comforting
upon them the corporate powers and
privileges necessary to their local adj
ministration, by either general or spe-
cial acts, and that all general and spe-
cial acts of such legislative assemblies
heretofore passed creating and provid-
ing for the government Of towns, cit
les or other municipal corporations
and comforting such rights, powers
and privileges upon the same as were
necessary to their local administra-
ton. be. and the same are hereby rati-
fed, and confirmed and declared to he
valid, any law to the contrary not
withstanding, subject, however, to
amendments or repeal hereafter by
such territorial assemblies. But moth
ing herein shall have the effect to
create any private right, except that
of holding and executing municipal
offices, or to devise any such right,
or to make valid or invalid any con-
tract or obligation heretofore made
by or on behalf of any such town,
city or other municipal corporation,
or to authorize any such corporation
to incur hereafter any debt or obliga-
ton other than such as shall be nee
essary to the administration of its in
.ternal affairs"
At the time of the granting of the
franchise in question, the city Of
Grand Forks existed by virtue of
charter created by special act of the
territorial assembly at its 1882 SEES
sion:
In granting this charter, the assem-
bly, acted under the power conferred
by Sec. 1851, r. s., U. s., as limited by
Sec. 1889, and the act of June 8, 1873,
supra, which latter act in substance
restricts the assembly to the granting
to municipal corporations created by
it of such corporate powers and priv
ileges ais may be necessary to their
local administration" It will be
noted that this phrase is three times
In substance repeated; twice the Ian
guage used is identical and the third
time the idea is conveyed in the fol-
lowing words: necessary to the ad-
ministration Of its internal affairs";
in each expression the word "neces-
sary" is used; the powers, rights and
privileges which may be conferred
upon the municipal. corporations is
question are not those which are
usual, customary or convenient; all
convenient and necessary powers may
not be granted, nor may there be
granted the usual and necessary pow
ers but the territorial assembly is re-
stricted to the granting to the munic-
ipality created by it to the powers
and privileges necessary to their local
administration"
The word Necessarily may mean
reasonably necessary" or suitable"
or proper" or Convenient" or it may
mean Indispensable; the territorial
assemblies may have power to grant
to the municipalities all convenient
powers.
/ should be inclined to the view
that the proper Interpretation Of this
section required that there be taken
into consideration the fact that the
ultimate end of the territories is state
hood; that the territorial existence is
preparatory, as it were; congress
should and does legislate more as
CONSERVATION of the interest of the fu-
ture states during the period when it
is vested with temporary control.
In Scott VS.. Sanford, 10 How. eco
U. 81 1893 at page 447. fancy. c. j.,
citing the opinion of the court says:
The power to expand the territory of
the United States by the admission of
new states is plainly given; and in
the construction of the power by all
the departments of the government,
1t has been held to authorize the ac-
QUESTION Of territory not At for ad-
mission at the time to be admitted as
soon as its population and situation
would entitle it to admission. It is
acquired to become q state and not as {
q colony; some form of civil author
lily would be absolutely necessary to
organize and preserve civilized 30
ciety and prepare It to become a
state"
In shively vs.. Bowlby, 152 U. 8. 1,
at page 40, Mr.. Justice Grey voicing
the opinion of the court says: 1.-THE
territories acquired by congress,
whether by deed of session from the
original states or by treaty with a
foreign country, are held with the OBJ
ject, as soon as their population and
condition Justify 1t, Of being admitted
into the union as states, upon an
equal footing with the original states
In all respects, and the title and do
minion Of the tide waters and the
lands under them are held by the
United States for the benefit OF the
whole people, and as this court has
often said In the cases above cited,
in trust for the future stated, ~
And taking such fact into consid-
Grafton It would seem that the word
necessary" Il not held to mean i'in- \
dispensable'' should be at least given
q more marrow meaning than prop \
or" or .'c0nvenlent.'; It should also
!, be Interpreted I'M connection with the 4
balance of the phrase which taken In
it, entiretysis stthe corporate powers
and privileges necessary to their To-
cal administration; ! would take this !.
to mean that the mum cinalitiea ma. &