Saturday news. (Watertown, S.D.) 19??-19??, 1918-09-05
DECLARES LAW
NOT TOBEGOOD
Sioux Falls Press)

According to advices from Pierre re-
celVed late last evening the state SUI
preme court handed down a decision
sustaining the lower court in what is
known as the 'city manager case"
Without knowing the text of the deci-
sion which cannot reach Sioux Falls
by mail before 2:30 o'clock today, it is
impossible to state the exact text of the
courts decision. Sufficient is learned,
however. to sustain the belief that the
present city commission will remain
undisturbed in office for some time to
come-at least until another legislative
session attempts to disturb their peace
and quiet.
1t will be remembered that the 1918
session of the legislature enacted what
is known as the Lyons city manager
law which apparently was intended
to repeal or amend that part of the
Sioux Falls city. charter creating the
present commission form of govern
ment. The law carried an emergency
clause n went into EFFECT from and
after its passage"
Public sentiment favoring the city
manager plan had been prepared in
dVanc OF he enactment of the law,
and almost Immediately after the pas
sage by it's friends a petition was pre-
scented to the city commission for call
ing an election to vote or the city plan.
The commission demurred aid after
some delay the election was neld re-
sultlng in a vote in its favor.
Inc case Just decided in the supreme
cour is known under the title of
JACK rooney, ct al, VS. George w.
burnside, mayor, n city commissions
ers OF Sioux Falls" with G. D.. Bailey
and Frank r. Aikens, attorneys for
plaintiff, and p. E. Waggoner, for the
defendant. The original petition
sought first to enjoin the city com
m~issioners from calling the election.
This, however, was decided adversely
to the plaintiff.
After n election the present action
was filed in the circuit court and the
case was heard before Judge I. w.
Jones at the regular term. Among
other allegations in the complaint the
plalntlff1s attorneys alleged that the
city manage law was Unconstitutional
IN That the title to the act was unduly
restricted and misleading, This view,
was sustained by Judge Jones and the
case Went to the supreme court on APP
peat and In due time briefs We're filed
n opposing attorneys. In the
meantime q special session of the legis-
lature undertook to correct the defic-
iency in the law and an election had
been held in the city for me member
OF h city commission under the old
law.
In due time the case was called in
the supreme court and q time was set
for oral argument, but before the date
Of hearing Jack Toohey, the plaintiff,
died and when the time arrived, Messrs.
Bailey and Aikens did not appear but
in q written notice to the court advised
it Of the death Of their client and sugs
gested that the case be taken under
advisennent and decided on Its merits.
Here RI, o. Waggoner, attorney for
the defendant, interviewed with a mo
ton tO"show cause, whereupon the
court ordered him 10 submit brief with.
IN ten days upon his motion which was
done. The ease was then taken under
advisement and Messrs. Bailey and
Observation-Disclosures for advice az
friends Of the court. This was several;
weeks ago. and the case was apparently
Forgotten BY the genera public until
the final decision was filed ny the court
late III the afternoon yesterday. is.
tanning the decision Of Judge@Jones III,
the over "a