The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1922-10-13
ORDER IS HANDED
DOWN BY JUDGE
REASONS ARE GIVEN FOR
JUDICIAL OPINION
LIABLE TO MAKE MESS
Create Condition Whereby Elec-
ton Could Not Be Held
Until January, 1923

the Charter COMMISSION Will amend
the charter in such manner that
can be submitted to a vote of
the people. / would like 10 have the
charter commission present the pro-
posed changes TO be voted on separ
ateiy instead of one lump. linen
people would have an opportunity to
vote for the amendments they wish
ed to pass and to reject the objec-
tionable ones"
Henry Himmelmann: I'VE, as
members of the charter commission
furnished the plan for changes in the
present charter. i think that it was
up to City Attorney c. E. Gilmore
and Attorney c. o. Daily 10 see that
our plans or recommendations were
gotten in proper shape TO be present
ed to the people according TO law"
No amendments to the Mankato
city charter will be submitted to a
vote of the people on Tuesday,
November z, 1922. The petition ask
ing the court to order the city coun-
ell to show cause why il should not
be compelled to submit the amend
,ments to vote has been dismissed
by Judge w. l.. ComStock of the
Blue Earth county district court and
the alternative writ of mandamus
issued by that official on Septem-
Der 80, 1922, is ordered quashed.
The order handed down by Judge
fComstock reads as follows:
State of Minnesota, County Of
Blue Earth. The State OF Mime
VS. w. A. Beach, as Mayor, and Chris
Steiner, A. G. Lack, Gust Klein
schmidt and Alex w. Anderson, as
lCouncilmen Of the City of Mankato.
Minnesota, respondents.
The order is as follows:
The relator J. w. Andrews upon
his petition herein filed on the S0th
day of September, 1922, Sued out his
writ of alternative mandamus re-
turnable herein on the End day of
October, 1922, requiring the re-
sponr ents to show cause why they
had not submitted To the election of
the people of the City of Mankato
certain proposed amendments to the
home rule charter thereof as herein
after referred to.
Pursuant to said writ the respond
ents duly appeared and made return
thereto and the issues were submit
tie upon said petition and return and
the exhibits accompanying the same
and the parties were represented By
counsel, Mr.. c. o. Daley appearing
more for the respondents.
Now having duly considered all
matters involved and having heard
counsel for the respective parties, ii
is found, that said City of Mankato
is municipal corporation duly gov
ernet by the terms and conditions
of the home rule charter adopted
by the people thereof in the year A.
D. 1910 and ever since and now sub
Cd hxr a.YfA AAf. -
the respondent w. A. Beach is the
duly elected, qualified and acting
mayor of said city, and the respond
ents Chris Steiner, A G. Lack, Gust
Kleinschmidt and Alex w. Anderson
are the duly elected, qualified and
acting councilmen OF said city and
all in their official capacity con-
stitute the common councils th ereof;
that heretofore and on the 9Th day
of AUGUST 1921 by order of the Dis
trict Court OF Blue Earth county,
der thereto made on the 9th day of
October 1921 by said court, the re-
lator ]. w. Andrews together with
L. L. Champlin, F. NJ. Currier, G.
w. Eichsteadt, w. r. Hammett,
Henry Himmelmann, Lawrence Hen
line. j. d. Humiston, H. F. Leonard,
Frank ]. Mahowald. Adolph Mueller,
Charles T. Taylor, E. V. Waters, A.
i G. Roemer and Carl Kruger, all
freeholders of said City of Mankato.
were duly appointed as Board of
Freeholders for said city, and as
such duly qualified and ever since
have been and now are duly consti
tuted Board Of Freeholders of said
City of Mankato with powers and
authority as provided by law in
such respect.
That in the month of Nav. 1922,
said board of freeholders duly pres
ented to the mayor and councilmen
of said City of Mankato certain re-
port and recommendation constitu-
ting proposed amendments to the
home rule charter of said city full
and complete copy of which said re-
port and recommendations appears
in the proceedings herein and duly
made a part thereof.
That the City of Mankato by vir-
tue of its existing charter is divided
into six awards each of which con-
stitutes a voting precinct and that
the mayor and councilmen of said
city by authority of such charter
.sf said city without reference to dis
tribution of such officers by ward.
by different wards, or otherwise.
That the respondents herein are
the duly constituted, administrative
and legislative officers of said city
by election Of the people thereof.
and have been such since the End
Tuesday in April, 1921, and that the
official terms of such officers will
expire on the second Tuesday in
April, 1923, as provided by the
terms of the charter aforesaid, and
such officers when duly assembled
as the council Of said city consti-
tute the governing body thereof and
as such are authorized and directed
to designate and appoint such other
officers and employees as may be
necessary and proper in the con
duct of the administrative affairs OF
the municipality.
The present report OF the board
OF freeholders suggesting amend
ments to the existing city charter
proposes a group Of amendments
respectively intended. to effect sub
stantial changes, which may De
grouped as follows:
One. To change the number OF
elective officers and the number of
councilmen to be elected and to
change the time of commencement
of the official terms of such officers,
the time Of holding municipal cleo
lions, and the period of the - fiscal
year, with several minor amend
ments to conform to the principal
chaurpS suggested