The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1922-10-06
MAKERS THEREOF
WERE DISTURBED
ATTORNEY CLAIMS DOCU-
MENT MESSES THINGS
DECISION IS AWAITED
This Will Be Forthcoming at An
Early Date; the Hearing
Yesterday


Quoting from the statutes, City
Attorney c. Z. Gilmore in the argu-
ments in the district court before
Judge w. L. Comstock yesterday
afternoon, exploded a bombshell in
the ranks of the city charter com
mission in mandamus proceedings.
This was to the effect that if the
proposed amendments as proposed
Dy the city charter commission were
passed by a vote of the people, they
would not become effective for thirty
days after the election. The amend
ments as proposed call for the sub
mission of the proposed amendments
at the general election November 7,
1922 and for city election TO be
held December 4, 1922.
Section eighteen of chapter three
OF the city charter provides that the
CITY clerk at least fifteen days be-
lore the holding of any general city
election, shall give public notice OF
the time and place Of holding such
an election, and the hours during
which the polls shall be open by
posting at each polling place in the
city, a notice containing the list OF
officers to be elected.
Could Not Hold Election December
The law which requires that thirty
days must elapse before amend
ments to the city charter would be-
come effective, and the provisions of
section eighteen OF chapter three OF
the present city charter would not
make it possible to call the proposed
election on December 4.
Judge w. L. Comstock was very
outspoken in his belief that the sub
mission of the proposed changes in
the charter would create very un-
desirable situation in this city. The
court explained that in case the pro
posed amendments should pass, the
proper officials would have to en-
dorse the amendments, they would
have to be filed with the secretary
of state, and then thirty days would
have to elapse before they would be-
come effective. 1t would be about
the first of January, 1923, before an
election could be called, while the
proposed changes call for the date
of election on the first Monday of
December. This would mean, the
court explained, that no other cleo
ton could be called until the first
Monday in December, 1924, because
of the fixing Of the date of election
in the proposed amendments. 1t
would appear to the court that if the
city council lacked the means OF
calling another election until that
time, that the present officers would
hold theif. Offices HHtfl the first Mon
day in December, 1924. In other
words, instead Of cutting short the
terms of the present city officials,
they would have handed to them on
silver platter plum in the form
of nearly an extra term of office.
Suggestion BY Daley
Attorney C. o. Daley thought
the courts after the people had a
chance to vote on the question. The
court answered this by stating that
he desired to protect the city from
unnecessary litigation, which would
increase the already high taxation.
Mr.. Daily still persisted that he
thought the matter of the thirty day
time for the amendments going into
effect could be gotten round. This
seemed to nettle the court, and
Judge Comstock said: 81 would in
vite your imagination, if I can not
reach your judgment as to the con-
dition of affairs in this city after the
seventh of November if these amend
ments should pass" Judge Com
stock said that the matter could be
fought out in the supreme court, but
that would entail large expense on
the city. He said that it is indeed
unfortunate that the amendments
were not presented earlier, for now
it looks as If nothing can be &C
complished. The court said that it
is indeed an embarrassing position,
and it is impossible to forsee the
strange consequences of providing
for a public election at time when
it can not be held.
Attorney G. o. Daily stated to the
court that he thinks that he can
present authorities which will show
that the question of calling the cleo
around. The court gave Mr.. Daily
until no later than eight o'clock last
night to submit these authorities, for
he had to leave for st. James at nine
o'clock last night to open court in
Watonwan county this morning.
Was Hunting For Authorities.
The controversy between the
mayor and the council members
and the city charter commission is
cup in the air" today, pending the
finding of some unknown Mime
sofa statutes c1tlng similar case,
by G. o. Daily, attorney for the
charter commission.
Attorney Daley was to have
produced new authorities support
ing his case before Judge w. l..
Comstock last night The judge
waited for an hour or more and
then when he did not hear from
him called the attornay on the tele-
phone. Attorney Daley had not
found the statute required at that
time. -.
= Judge Comstock declared he
would give the attorney the oppor-
tunity for further search for the
missing link" before making a de-
Attorney Daley did not cite any
specific cases during his arguments
before the court yesterday after
noon. City Attorney c. E. Gilmore,
cited several cases to uphold his
contentious.