The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1912-04-12
Contention Of City in Action to
Test lis Charter.
BRIEF FILED BY ATTORNEYS
Constitution Does Not Prohibit the New
Form of Government Is Law
yer's Claim.
From Saturdays Daily.

From Saturdays Daily.
City Attorney c. o. Daley today
served the brief in the case of the
State of Minnesota upon the relation
OF George T. Simpson as attorney
general VS.. the City of Mankato and
the four commissioners The case
will be tried in the supreme court
on April &c. The brief of the re-
spondents or the city, claims that
whatever may be the practice in
proceedings of this character gener-
ally, in this case the question as to
which party has the burden of proof
is not material, as there are no is
sues of fact, the one issue being one
of law. The brief goes on to refute
the claim that the charter of the
city of Mankato is invalid by saying
that 1.-THE vital question here is, not
whether this form of charter is
authorized or permitted by the con-
stitution, but whether it is forbidden
or prohibited thereby. A law will
not be declared illegal unless it vio-
lates some specific provision of the
constitution and unless it is repug.
nant to some specific clause therein"
Legislature May Authorize Form.
IF not prohibited by constitutional
provisions We contend that the peo-
pie through the legislature may
authorize any form of government
for the municipalities of the state
whit In in
their sovereign capacity. and by.
their organic law, could delegate to
the people of municipality this
power to frame charter. for it's own
local government as to matters fall
ing properly within municipal regu-
lation'"
THE following provisions of Sec
ton Sc of Article of the cOnstit,i-
ton are the provisions upon which
the relator must stand or fall in his
proceeding, viz:
Before any Cit shall incorpor-
ate under this act the legislature
shall prescribe by law the general
limits within which such charter
shall be framed
"'Such charter shall always be i'll
harmony with and subject to the
constitution and laws of the State
of Minnesota
1T shall be a feature of all such
charters that there shall be provided,
among other things, for mayor or
chief magistrate, and a legislative
body of either one or two houses"
What Constitution Provides.
The brief goes on to state that the
constitution provides for three pow
ers of state government, but this
provision does not apply to munich
palties, and that there are practical
ly over 100 cities and villages in the
state where the mayor is part of
and villages where he presides over
the council and is authorized to vote
in case of tie.
"a quo warranto lies for the usur-
patton of franchise: the defend.
ants are charged with such an usur-
their warrant. 1t is a sufficient ans
wer to the state to show the charter
granted by herself. The state can
not come in and question one of it's
own acts. 1t cannot be said that
the charter is not the act of the
sovereign authority, but merely the
act of the legislature, the agents of
the state. The legislature has all
the power belonging to the state,
and if the grant exceeds the power
of the state, the state cannot COM
plain-no one but an injured party
can complain, and if there was
want of power, the plaintiffs are not
entitled to judgment, for the com
Dlaint here is thatthe defendants
have usurped what belonged to the
people,
Contributed Its Mite.
This city, since the adoption of
this charter, has, strictly in accord
ance with it, through the usual chan
nels, contributed it's mite to the reve-
nues of the state, conformed to, and
assisted in the enforcement of the
laws of the state, and has always
yielded uncomplainingly to the SOW
ereign will of the people, and no
voice is raised to question its legal
corporate existence, save that OF
the state itself. We regret that this
should have been considered neces-
sary," are the closing arguments in