davidaulloa/AmericanStories huggingface dataset:
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1912-05-24

ton for quo Warranto proceedings,
by the commercial club to conduct
the investigation of the commissioners
in doing certain improvement work,
for which, it was claimed that as
sessments had not been rightly made
The investigation continued for sew
eral days, during which time, Arthur
Schaub acted as attorney for E. V.
Waters, who had first preferred the
charges against the commissioners and
asked for report showing the mistake
committed by the commissioners.
Daley Acted For Commissioners.
City Attorney c. o. Daley was the
opposing attorney, acting for the
mayor and commissioners. After a
thorough hearing by the investigating
committee, it was decided that al
though the commissioners made
some mistake, they did not think
that a recall was necessary. How
ever, several petitions were sent out,
asking that freeholders sign them
to have recall. These were said to
have been originated by e. V. Wat
ters, who had been discharged from
the position of street commissioner.
The petition was in circulation for
few weeks, during which time a
large number of signatures were at
tached.
The city council then appointed a
committee to act as judges to see
that all the signatures were those
of freeholders of MankatC. The pc
tition for the recall failed miserably.
Meanwhile the quo warranto proceed
ings had been stated. Arthur Schaub
acted as attorney to secure the
downfall of the city charter.
Judge Lorin Cray and Attorney
C. o. Daley argued the case before
the supreme court for the respondent
city and Attorney C. l.. Benedict and
Arthur Schaub argued the case for
the state and relator. The case was
then taken under consideration and
the decision handed down by Judge
P. E. Brown of the supreme court
yesterday. .-"
Citizens generally are pleased at
the outcome of the action. Now that
the constitutionality of Mankato's
charter has been decided, it is safe
to assert that other cities in Mime
sofa will take up with the commits
sion form of government.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1912-05-24

: - - -si
legislative and administrative acts
are silenced. The Mankato charter
was attacked on four specific counts
as follows:
Grounds For Suit.
"The mayor being the chief execu
tive officer OF the city, is made q
member of the council. and is per
mitted to participate in all the legis
lative and other powers given the
council.
The council, being the only legis
lative body provided for in said char
ter, contains also the mayor, the
chief and only executive of the city
provided thereby.
"The council of five members is
given legislative, executive and adj
ministrative duties and functions.
"The council is given other than
purely legislative powers"
Quoting from an opinion of Chief
Justice Start given in previous case
the opinion written by Judge Brown
says:
when the language of the consti-
tuition is positive and free from all
ambiguity courts are not at liberty
to resort to the refinements of legal
learning TO restrict its obvious mean
ing" That this is the true canon of
construction in applying constitutions
al provisions cannot be doubted.
Must Accept the Constitution.
1--WE again declare that we must
accept the constitution as it reads.
But from this canon of constitutional
construction we cannot slip SO readi-
ly into the position into which the
relator seemingly unmindful Of an
other great canon of law, has slipped
and declare that because of the con-
stitutional requirement that the So
called home-rule charters must pro-
vide for a mayor or chief magis-
trate and a legislative body the
legislature, whose will, except as
restricted by the constitution, is
equally the will of the people, may
not authorize the freehOlders of a
city to invest their mayor or chief
magistrate with power to participate
in the deliberations of the local
legislative body, and to give the lat
ter the power to participate in the
administrative functions of the city.
1--WE must not forget that the legis-
lature is the voice Of the sovereign peo-
pie, and that, subject only to such
limitations as the people have seen
fit to incorporate in their constitu-
ton, the legislature is vested with
the sovereign power of the people
themselves"
Syllabus of Judge Browns Opinion.
State ex rel. George T. Simpson,
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1912-05-24

resolutions committee, as adopted by
the convention follow:
Resolved, That we endorse the can.
didacy of Theodore Roosevelt for pres
jident and hereby instruct the dele
gates selected by this convention to
the Republican national convention to
vote for the nomination of Theodore
Roosevelt first, last and all the time
Resolved, That we unreservedly en-.
dorse the principles of progressive Re.
publicanism as eXpOunded by Theo-
dore Roosevelt, Robert M. La Toilette
and other great Republican leaders of
the progressive cause.
Resolved, That We unqualifiedly en-.
dorse presidential primaries and insist
that the election of United States SEN
ators shall be by direct vote of the
people.
Resolved, That we demand the i'm
mediate repeal of the Canadian reci-
ciprocity treaty.
Resolved, That we demand the puri-
fication of the ballot by the enact
ment of a more thoroughgoing corrupt
practice act.
Praise Progressive Leaders.
1--WE congratulate the people of Min
nesota upon their determined and un-
faltering efforts in support of the pro-
gressivism advocated by such leaders
as Theodore Roosevelt and Robert NJ
La Toilette and we point with pride
to the fact that in the face of great
odds, the lack of proper legislation
end the opposition of bossism the
spirit of patriotism prompted them to
speak for themselves in the recent
contest; and be it further
Resolved, That it is the sense Of
this convention that in all future con.
tests for nomination to public Offices
the people shall be allowed to express
their preference in such manner as
shall give each individual an effective
voice in the affairs of government;
and therefore, be it further
Resolved, That the Republican
state central committee be instruct
ed to provide suitable means for each
voter to express by ballot his individ-
ual preference for governor of Min
nesota at the coming Republican pri-
marieS.
Resolved, That we place ourselves
on record as in favor of the creation
of an industrial commission by act Of
congress for the purpose of acting in
the settlement of disputes between
capital and labor"
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1912-05-24

cisiOn today, he said that no
more fuss would be made for the
present, although he did not a.
gree with the decision of the
supreme court. Il don't think
it is good law" said Mr.. Schaub,
but we will have to submit,
as We have not enough money
to carry the case on any fur
Their. | don't think there will
be any more attempts at a re-
call, and | personally do not
advise a recall However, there
are a number of things about
the present city charter that
ought to be changed, and at the
next election we will make
fight to have several amend
mentS made. One of these
will be to attempt to separate
the city council from the mayor.
There are a number of promi-
nent men in MankatO backing us
in this, and we will put up a
hard fight at the next election
st. Paul Dispatch: The commits
sion form of government in cities
of Minnesota was upheld in a de-
cisiOn given this morning by the
state supreme court in q case in
which the validity of the Mankato
charter, on the commission form,
had been attacked.
The decision vitality effects st.
Paul, in that it removes all posi-
bility of the charter adopted at the
recent city election being declared
unconstitutional. Even if the opin-
ion of the high court had gone
against the Mankato plan, it is be-
lieVed by lawyers that the st. Paul
plan would have been declared valid.
In the Mankato scheme the mayor
is a member of the board of COM
missiOners, without any executive
powers. In the amendment adopted
in st. Paul the mayor is given ex-
ecutive powers, having, for one
thing, the assignment of the COM
missioners to their various depart
ments. 1t was on the argument
that the commission form did not
give both legislative and executive
branches that one of the main
objections to the commission form
rested.
The favorable decision in the Man.
katO case, however, removes every
possibility that the St Paul COM
mission plan can be attacked with
success in courts.
Cities Are Not Affected.
Article H. of the constitution,
providing that the powers of govern
ment shall be divided into execu-
tive, legislative and judicial branch
es," the opinion written by Asso-
ciate Justice p. e. Brown says,
docs not apply to municipal govern
ments, and neither its expressed in
tent nor its spirit can be read into
Article ", Section &c."
The section of Article W. referred
to empower cities and villages to
frame charters for their own gov
eminent, and provides that cit shall
be a feature Of such charters that
there shall be provided, among other
things, for a mayor or chief magls-
trate, and a legislative body OF
either one or two houses; if of two
houses, at least one of them shall be
elected by general vote of the
electors"
Whereupon all the attacks which
eminent in Minnesota, on the ground
that the officer cannot perform both
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1912-05-24
Why Send Your Daughter
10 a Distant School

when Albert Lea College is near
and easy of access?.
The four year collegiate course
leads to the degrees of A. B. and
b. S.
Special Departments
Music, Vocal and Instrumental;
H ON e Economics, Incl u d in &
Teachers Training Course, fitting
for the work of supervision; Ex-
preston and Physical Training: Bible:
Art and Handicraft.
The Academy course corresponds to
that of the first grade High Schools of
Minnesota and qualities for entrance to
any college. Ideal Locations; modern
equipment: moderate terms. For cata-
log or further information address DIR.
] n n Tallmadge Bergen. President.
Albert Lea. MINI.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1912-05-24
Waters Still on Warpath.

e. V. Waters, who attempted to
obtained a recall of the present city
officials, stated today that he would
not throw up the sponge" notwith-
standing the fact that the decision
was in favor of the city. But if
one of the commissioners will re-
sign | will call off the dogs of war;"
remarked the irrepressible 'Ras."
~ am going to find out my rights
regarding the recall petition that |
left with the city; also whether
names can be withdrawn from the
petition. The attorney general
would not permit George Weidemann
to withdraw his name from the pa
pers drawn up in the action to test
the charter, and why should any
names be withdrawn from the petit
ton | presented to the city,"
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1912-05-24

Knockers on the city charter and
the commission form Of government
in Mankato received a severe jolt
today when the news was received
that Judge P. E. Brown of the SUI
preme court had handed down de-
cision, stating that the commission
form of government in Mankato and
the city charter were valid. The case
has been before the supreme court
at ST. Paul, for about three weeks,
during which time the citizens have
been awaiting patiently the outcome
of the action.
The syllabus of the supreme court
is g ven above.
History of the Case.
The history of the case has been
an interesting one, and 'Mankato has
been the cynosure of the legal fra
ternitr and the public eye of the
state lending the outcome of the &C
ton. Now that the decision has
been r~ndered, Mankato citizens are
breathing easier, for it has been the
popular desire of the majority of
citizens that the charter would not
fall through.
In giving the history Of the case
and the charter, few facts may be
noted. In 1908, the charter commits
sion of this city got together and
investigated the commission form OF
government plan. The first obsta-
Gle that the commission found was
that according to the laws of this
state, in cities Of the size OF Man.
kato there was no way OF holding
an election, except by nomination by
political parties and the primaries
had to be held seven weeks before
election. 90
Attorney C.. o. Daley acted as
attorney for the charter commission,
who had been instructed to prepare
a bill to present to the legislature
of 1909 so as to permit cities to
adopt the commission form of gov
eminent The terms Of the char
ter commission had about expired
and all the members resigned in a
body, but were reappointed by Judge
A. II. PIau 1Or d term vi IouI ycdi D.
Worked on Charter.
The members of the commission
then got to work on the commission
form of government charter and aft
er Mr.. Dailey's bill became law,
they prepared a charter and pre-
scented it to the mayor. A vote was
taken on this charter in 1909 and
was voted down. The charter COM
mission again went into action and
revised the charter and again sub
mitted it to the people in April, 1910.
This time their efforts were success
full, as the charter passed and the
city has been operating under this
plan ever since This is the first
city in the state of Minnesota to
adopt the commission form of gov
eminent.
last December petition was
filed with attorney General Simpson
by parties in Mankato asking to
commence quo warranto proceedings
to test the constitutionality of the
charter. On that petition the attor-
ney general petitioned the supreme
court and they issued a writ re-
curing the city officials to show
cause why they should not be re-
moved from office. That was made
returnable April 2, 1912.
An investigation preceded the petit
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1912-05-24
MAYOR c. T. TAYLOR.

Mayor Taylor said: Il am very
much pleased with the decision
of the supreme court as | am a
firm believer in the commission
form of government There is
no doubt but it is more efficient
and better results are obtained
for all the people with the same
amount of money expended than
could be gotten under the old
ward system.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1912-05-24

BY ARTHUR SCHAUB.
When Attorney Schaub was
interviewed in regard to the de-
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1912-05-24
Nigh Tribunal Handed Down
!; the Decision Today.
Law is STRONGLY 'IvllIl UPHELD HE'LL
Corporation Attorney Daley Is
eratifisd; Mayor Taylor
Likewise.
From Fridays Daily.
+ + + + E + + + f. + + + + +
+ OPINION OF THE COURT.

+ Home rule charters must
+ provide for a mayor or chief
+ magistrate. The constitutional
+ provision does not of itself
+ require such severance of
E the several departments of
+ municipal government as to
+ preclude the legislature from
+ authorizing cities and villages :
+ to adopt the commission form
+ of government, wherein the
+ mayor is vested with legisla-
+ tive functions and the coun-
+ Gil Is given other than legis-
+ lative powers. Lave of 1909
+ authorizing cities and villages
: to adopt the commission form
+ of government held constitu-
: tional and valid. Mankato city
= charter which provides and
= establishes the commission
+ form of government for the :
: said city is authorized by laws
+ of 1909 and does not trans
Z cend constitutional limitations
Z imposed upon the form of mu-
= nicipal government.
(. = i. + = j. i. j. j. 4. = + 4. 4.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1912-05-24
ATTORNEY DALEY.

City Attorney C. o. DALEY
had this to say relative to the
decision: OF course | was great
ly pleased by the decision. When
the bill to authorize the COM
mission form of government
was before the senate judiciary
of our state legislature at its
session in the year 1909, Former
Judge Lorin Cray and myself
were permitted to hear any OBJ
jections that were then raised to
the constitutionality of the meas
ure. The objections then raised
to the bill were entitled to no
weight from legal standpoint.
While | never considered that
there was any doubt but that
the supreme court of this state
would sustain our city charter,
the decision, however, is a very
important one not only to this
state, but to all the states of
the Union, because the ques-
ton of adopting city charters
along the commission form of
government is being agitated
all over the United States. This
decision will put at rest all legal
objections to the measure.
BY ARTHUR SCHAUB.
When Attorney Schaub was
interviewed in regard to the de-
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1912-05-24
John Muir Monument Unveiled.
Especial to The Free PressI

Toronto, Ont, May 1S.-A monu-
ment to Alexander Muir, the poet
and author of 1.-THE Maple Leaf"
was unveiled today by the Grand
Orange Lodge,
Arizona sentinel and Yuma weekly examiner., 1912-03-14
COL. KOSTERLITSkY
 SUCCEEDED BY CABRiL

Maadalena Son. Mex, Mar. l. = 'cIonel Juan Cabral, wh) was some time ago named as commander oi the third liscal military zone arr.yed here last Wednesday, as this town is the headquarters of the zone.
 Colonel Emilio Kosterlitzsky made the formal surrender of that important post to his successor, on his arrival It is said that Kosterlitzky will go to the United States where he will then make his permanent home. ---
 Cabral is young man and won his title as colonel by the bravery he displayed during the last Maderista revolution in the state of Sonora, and was one that led the forces into Can anea when it was garrisoned by sev- eral hundred federal soldiers without having fired a single shot
Arizona sentinel and Yuma weekly examiner., 1912-03-14
BOOSTING OCEAN ID
 OCEAN HIGHWAY

Phoenix, Mar. 13. - Information comes from Los Angeles that the boosting of the transcontinenIal road by the Ocean to Ocean Highway As sociation, formed here last December and of which John S. Mitchell 1f Los Angeles is president, is soon 70 begin in earnest. It is planned io organize divisional society in every town ana city of any size along the route from here clear to the east via the old Santa Fe train. c. E. WoOdside has been named as organizer and nel1 a meeting a few days ago in Riverside where the first division was organiL- ed. MT. Woodside expects to come here on a similar mission and will bring along a quantity of the associa- tion buttons as an advertising meas ure. William H. Durham it is stated has been named to have charge of the movement here.
Arizona sentinel and Yuma weekly examiner., 1912-03-14
HAT WAS KNOCKED
 INTO THE WATER
POLICEMAN TEACHES COURTESY TO MAN WHO REFUSED TO UNI COVER FOR ANTHEM.

San Salvador, Mar. 13.-Salvador cans today extended a welcome to Secretary of State Knox and they did it royalty. There is no. diplomatic question now pending between Saliva dor and the United States, but the secretary stated that he hoped by his visit still further to strengthen the re- lations of the two nations. When Knox arrived band on the pier play ed "The Star-Spangled Banner" On the pier all except one man uncover ed A policeman strode up to him, saying: "Take off your hat, that is the American National Anthem
 'T am an American myself" the man replied.
 "Then the more shame to you," said the officer, as he knocked the hat off and into the water.
Arizona sentinel and Yuma weekly examiner., 1912-03-14
POSTAL BONDS ARE
 BOUGHT AT PAR
THIS INFORMATION WAS RECEIV- ED IN PHOENIX BY POSTMAS- TER McCLlNTOCK

Phoenix, Ariz., Mar. 13.-The Postal bonds are worth par, no matter what Wall street says or thinks.
 Postmaster James H. McClintocE is in receipt of a notice from the de part that the department will pay par for the bonds at any time the money is demanded. Demands can be pre- sented through any postal bank.
 Under the postal banking law, any depositor, after he has been a patron of bank for one year, can turn over his deposit in exchange for twenty year government bonds, bearing 21s per cent interest
 One would naturally assume that with the government behind these bonds, they would be worth par, at least. But Wall street does not seem to have taken this view. It has con- sistently hammered down the bonds and at one time the brokerage houses were paying only 92 cents on the dol lar for them.
 The postal department decided to pay cash for any bonds upon demand Therefore a bond does not necessarily have to be held twenty years. Cash can be had for it in a very few days and cash equal to it's face value.
Arizona sentinel and Yuma weekly examiner., 1912-03-14
INTERVENE IN MEXICO IS A WILD, FOOLISH IDEA

Just at the present juncture il would be well for all Americans who have no business in Mexico to keep out if they are out, and to come out if they are in.
 We are only reiterating the advice of the president of the United States in this latter clause. In the former clause we are only asking our fellow citizens to use the same common sense which teaches everyone to mind his own business and not interfere III the noisy quarrels of his neighbors
 If the MeXicans want to fight among themselves, that is their business. Ii is none of our business. Americans who mix in it do so at their own peril.
 Furthermore, if some citizens of this country who are spelling for a fight do insist upon going over and mixing in a quarrel which is none of their affair, it tends to embarrass our government in it's amicable -rala- tions with the Mexican government
 It is very easy to arouse the anger of Mexicans at the "gringos" and to provoke reprisals which may amount to pillage and murder. Naturally and nationally we would resent that. T. would be easy to construe that as an act of hostility. If the damage or loss of life were considerable, it would fo- ment a spirit of retaliation and excite clamor for intervention.
 Intervention in Mexican affairs by the United States is to be avoided if possible. We are not called upon to do police duty for another country. It is our duty to patrol our own bor- ders and keep their belligerents from crossing, and to restrain our bellicose young blades from crossing.
 It is the plain duty and the main charge of every American citizen to keep cool, stay out of the range of stray bullets, attend to his own affairs and let the Mexicans work out their own salvation.
Arizona sentinel and Yuma weekly examiner., 1912-03-14
SELLS-FLOTO CIRCUS
 HERE APRIL SIXTH

The people of the circus are al ways looking for new features and so many have been introduced in years gone by into this particular form of entertainment that it would seem in deed as if ingenuity and originality had been exhausted
 But the Sells-Floto Circus, which will play a single days engagement here on Saturday, April 6, has on it's program one number which is essen tially a novelty. It is introduced pri marily as a comedy act in which 6 horse hitched to an ordinary landau carrying two passengers is driven into the ring. At first the animal refuses to move, and when urged by the driv- CT, kicks that individual clean off the seat, back upon the lady and gentle man who are seated in the carriage.
 The animal then kicks himself clear out of the harness and after gal loping wildly around the ring several times, winds up by jumping over the vehicle and it's occupants.
 The act in itself is what is termed a scream" in the show world anr still further demonstrates the marve lous possibilities of horse training which indeed, as the years go by seems without limit.
Arizona sentinel and Yuma weekly examiner., 1912-03-14
SOCIALISTS REJECT
 THE AMERICAN FLAG
CONVENTION, BY THREE TO ONE VOTE, REJECTS OLD GLORY FOR EMBLEM OF ANARCHY.

Seattle, Mar. 13.-The state social ist convention today was thrown in to an uproar by the motion of local delegate, O. c. Fenelson, that pro- ceedings be stopped until the Ameri- can flag could be displayed on the wall. He said he believed in the in ternational red emblem, but also be- lieved it should be displayed by the side of the stars and stripes, which is the banner of a government founded on the principles of equal rights.
 After a stormy scene the motion was defeated three to one.