The labor world. [volume] (Duluth, Minn.) 1896-current, 1921-01-01
IS IT LEGAL?

ordinance That 90 not SET wen on the
public mind.
One relates to an election being held
so soon after the people have voted
on the proposition and within two
months of the general municipal cleo
tion, and the other has to do with the
fact that the Duluth Street Railway
company is to bear the expense Of the
election.
Irrespective of the opinion the city
attorney or the attorneys for the com
pany may give in the matter there
are other attorneys who believe it is
not legal to hold another special cleo
tion within six months Of the last spe-
cial election, neither is it legal for the
city to accept money from a private
corporation to pay the expenses Of a
special election WHEN that corporation
is to be the sole beneficiary Of the cleo
ton in the event Of the passage Of the
ordinance.
Under the initiative section of the
city charter it is provided that there
shall not be held more than one special
election in any period of six months.
That clause was inserted to prevent
the abuse Of the initiative, which is
very we'll safcguardod by the require
ment that no special election on an
initiated ordinance can be held unless
the petitions for the same are signed
by at least 20 per cont of the quail
fed electors Of the city.
\ six.cent ordinance introduced by
initiative petitions was voted on in
October So therefore it is clear that
If the street railway company initiated
another ordinance it. could not be voted
On by the people until April next, at
the time the general election is to be
held
After some study it was concluded
there was a way to have the people
vote again on the proposition by having
the council pass the ordinance and sub
mt 1t to vote Of the people. In the
referendum section of the charter no
reference is made whatsoever to the
frequency Of elections, although it is
provided that the initiative features
of the charter as to the manner Of
submitting ordinances to the electors
shall govern in referendum elections.
IT this is true, and we believe il is.
no special election can legally be held
until the general election in April.
The city attorney has held that no
kind Of special election can be held
within 60 days Of a general election.
His authority for such can only be
found in the section of the charter
dealing with initiative elections. the
clause reading as follows:
"There shall not be held under this
section of the charter more than one
special election in any period Of six
months; nor shall any such special
election be called to be held within
sixty days prior to auy general cleo
tion.''
This is the only reference in either
the initiative or the referendum Sec
lions Of the charter dealing with the
subject Of the time or frequency Of
elections, except that in the referen-
dun section it is provided "that the
council shall submit the ordinance as
provided In Section 81 Of this charter
70 vote OF the electors Of the city.n
Section 81, as quoted herein refers to
the initiative.
NOW, how in the name of justice and
deeency can the city attorney hold that
tho SIX months restriction in the initi-
alive section Of the charter does not
apply to referendum elections, and the
clause therein preventing special cleo.
lions from being held go days prior
to any general municipal election does
apply to referendum electionse There
is absolutely no consistency in such a
position.
The council has no more right TO
abuse the referendum feature of the
charter than the people have to abuse
the initiative feature.
An amendment to A franchise il a
grant, just as much as is franchise
itself.
The charter provides that "every
ordinance granting any franchise shall
contain all the terms and conditions
of the franchise and shall be published
verbatim in the official paper Of the
city at least once week for four
consecutive weeks after it's passage and
shall take effect 80 days after its last
publication, subject to the referendum
provisions Of this charter"
q: The ordinance amending the fran
chise Of the Duluth Street Railway
company did not pass the city e6t,neil