The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1922-10-13

Va NhO City anu 10
provide for force work under GER
tain conditions in lieu of contract
letting. 49,
Three. To provide a different
method of making assessment Tor
construction OF watermains and to
: be based on benefits resulting from
such construction with minor
amendments intended to make such
change eftectual.
Four, Certain notifications eff.
fecung reduction OF compensation
or officers and mandatory appoint
ment OF police woman and minor
amendments in connection with
such changes are proposed.
Objection Was Urged
Objection is urged against the
acceptance of several of the pro-
posed amendments as for example
with reference to the first group OF
amendments above mentioned. The
report or the commission proposes to
amend Section Z of Chapter 2 OF the
charter OF the city to read as fol-
. lows:
Section Z. The mayor, assessor.
city clerk, city treasurer, the Judge
and special judge of the Municipal
Court shall be elected at large from
the electors of said city, but the six
councllmen shall be elected by the
electors of said city from their re-
spectlve wards"
1t is assumed that the purpose of
such recommendation is to provide
that a councilman shall be elected
from each OF the several wards OF
the city by the electors of each re-
spectiVe ward separately and that
each councilman shall be resident
within such respective ward from
which he may be chosen, and il Is
urged that the language of the pro-
posed amendment is so ambiguous
as TO be incapable of certain and un-
mlstakable application or even in
capable of precise application in the
administration of affairs. No doubt
the purpose may be more clearly
expressed than in the propose;i
amendment but if the intention of
the amendment may be unmistak-
ably determined then We are not
concerned at this time in an analy-
SIS OF the expression.
! 1t is also urged that the proposed
amendment effecting a change OF
contract is such as incapable of cor
rect and rnmistakable application
as relating to the terms of the orr
glnal city charter and may be in
conflict Herewith, and it is also
urged that the provision for change
In the manner of making assess
ments for construction OF water
mains because Of ambiguity may
perhaps Sndanger the validity of
assessments for such purpose for
lack OF direct reference disclosing
, clear relation between the pro-
posed amendment and the original
charter provisions relating to as
sessments for benefits for local i'm
proyements as heretofore existing.
q while these questions and others
OF lesser significance may present
grave problems for serious consid-
GRAFTON nevertheless the court is
not at this time called upon to de-
termine the final effect of the amend
ments proposed or the practicability
thereof, unless it shall appear that
the proposed amendments, if adopt
ed, would result in a condition of
municipal affairs wholly incapable
OF administration and rendering
nugatory the purpose for which the
amendments are proposed.
The question of the merit of the
amendments proposed is for the
determination of the board of free
holders in the exercise of their
honest judgment and the reasonable
application of their discretion and
the result must be conceded to the
judgment and discretion of the
board of freeholders, unless it shall
be found that il the proposed
amendments shall be approved ry
the people the effect thereof shall
become a nullty or hopelessiy con-
fusing to the extent that thereby
the purpose and intent of the pro-
posed amendments would substan-
tally fail of accomplishment and a
condition of municipal disorganiza-
lion inevitably follow to the great
harm of the municipality.
Any undertaking naturally tend
ing to bring about such deplorabIe
Col Gitions and results as 40 fore
COINS may not have the approval OF
any authority, and if such may be
found to be the probable result of
the adoption of the amendments
proposed, it is beyond the power Of
the court to command the dong of
things TO provoke such conditions
ana clearly contrary to public pol
icy.
Among ether things the report of
the board of freeholders contem-
plates and provides for the next
ensuing fiscal year beginning the
first Monday in January, 1SLo. Tue
report further provides by terms
that are Enthusiastically mandatory
that the next ensuing election to be
hold under the city charter as
amended when and after the pro.
posed amendments shall have been
adopted by the people shall be held
on the first Monday in December,
1922.
The petitioner in the present case
prays that the mayor and council of
the City of Mankato be commanded
to submit the proposed amend
ments to the city charter at the
general election to be held on No
Vember 7, 1922.
The powers conferred are Limited
by the terms of the city charter and
any amendments thereto approved
and adopted and the ways and
means of administrative procedure
thereby provided must each and ali
be considered and read in the light
Of the Interpretation of the consti-
tutional declaration by virtue OF
which such form OF municipal gov
eminent is established and main
tanned and in the light of the legis-
latiVe enactments duly made and
adopted in conformity to such con.
sututional provisions and also in
the light of the meaning and intent
OF the city charter and the amend
ments thereto proposed.
Forms of Legislation Inter- related.
All of these several forms of leg
islation bearing a strict inter rela-
ton to the subject Of such particu-