The labor world. [volume] (Duluth, Minn.) 1896-current, 1921-01-08
SIx-CENTSFARE
ELECT ION CALLED
.BY:C0UNC|L
Federated Trades Assembly
Wins u { Contention e. . Against
Street Railway Company,
Continued from Page I.

| COnEtnWeO from F0yS 1.
calling Of such an election. within four
months Of the other is contrary tt
the intent Of the trainers of the
charter. =, :: ~: .s.. f.. 49,
gut ii is. commended, because thu
provision for permitting the council
to submit ordinances Of it's own mo-
ton is contained in the last paragraph
of Section 50 Of the charter, that the
| phrase this section in Section 81
shows that the prohibition Of Section
81 does not apply to ordinances sub
nitted by the council.
1.-THE last paragraph Of Section 81
reads as follows:
What Charter Says.
".Any ordinance or measure that
the council, or the qualified electors
of the city, shall have. authority to
enact, the council may. Of its own
motion, submit to the electors for
adoption or rejection at general or
special municipal election, in the same
manner, and with the Same force and
effect, as is provided for ordinances
or measures submitted on petition
This paragraph is an apparent
after-thought and without doubt
should properly have been placed at
the end of Section 81 which is headed
Initiative rather than at the end Of
Section So, which is headed Refer
endum.' The power conferred on the
council by this section is the power
Of initiation, the councils. power to
submit for referendum purposes be-
ing conferred by the paragraphs i'm
mediately preceding.
Charter Is Clear.
There is no special provision In
Section So for the calling Of elections.
hence the last section Of the para
graph quoted provides for submission
Of the ordinance in the same manner
and with the same. force and effect
as is provided for ordinances or meas
ures submitted by petition
1.-THE query then is Under what
section of the charter; has the special
election of February 3rd. 1921, been
called?'. If we needed any other evil
dence than the call itself, we would
be forced to conclude. from the fore
going, that the call was made under
Section 81, because there is no other
way under the provisions quoted in
which 1t can be called and as; no spe-
! cial election can be held under this
section within six months Of any
other such election we are compelled
to conclude that the call for the cleo
ton OF February 8, 1920 is@in violation
Of the provisions Of the city charter
! and hence illegal.
| The Election Call. .:
Il have reached this conclusion m
dependently Of the call itself but the
call puts the matter without the realm
Of debate. The first paragraph Of the
official call as set out in the Duluth
Herald of December so, 1920, is as
| follows:
"'Onfice Of the City Clerk, =.
Duluth. Minnesota, Dec. go 1920.
! Pursuant to Section 81 Of the char
ter Of the city Of Duluth, at a special
municipal election to be held on the
| 3rd day of February, 1921
Surely this does not leave 1t open
to controversy that the election IL
held under the provisions Of this sec
tion-Section 81. So. ::
No Right to Pay for Election.
The next question refers to the
legality or propriety OF the council
having directed the Duluth Street
Railway company to deposit with the
city treasurer Of the city Of Duluth
the sum Of $4,000 to pay the cost: OF
tho February 3 special election.
The resolution directing this pay
ment appears in the council proceed
ines Immediately following the reso-
luton calling the election. and APP
pears to have been al, essential part
Of the whole transaction and to have
been one of the inducing causes for
the PASSAGE OF the election resolution.
II have not found any case. in q
rather hurried examination Of, the
authorities, where a city council has
at the behest, Of q special interest,
ordered a special election for, it, pc
| cu1iar benefit, but there are: sufficient
analogous cases, to convince me that,
where the payment: Of a sum Of money
to cover the anticipated expenses OF
such an: election is one Of the inducing
considerations to such an action, the
courts would not hesitate to declars
the council q: action void. q - T.
+ =: Similar to- q, Brihe. - u
f After reviewing a number. OF such
analogous cases Justice Barnes In 144
Wis, 235,. says: ..s b !. 4. 8
The other cases are dectd9 ia upon
! the theory that the Offers nasd s4were