The labor world. [volume] (Duluth, Minn.) 1896-current, 1922-05-06

industry throughout this territory
take it in. Well win in the end.
FAVORING PARK POINTERS.
There Wilt be a pretty legal
question involved in the proposed
ordinance. to give residents of
Park Point precedence in the, use
of the Aerial bridge car every
other time it .crosses from the
north to the south side of the
canal between $3.50 and p. M,
from June to October /. The
measure was first introduced as
an emergency ordinance, but it
failed of passage as such by vote
of three to two. Mayor Snively
and Commissioners Farrell and
Murnian favored the ordinance,
while Commissioners Phillips and
Merritt opposed it.. An emergency
ordinance requires the unanimous
vote of the council.
City Attorney Richards advised
the mayor and commissioners that
the ordinance was unconstitutional
in that it Disseminated against one
class of persons in favor of an
other, against non-residents of
Park Point and in. favor of resi-
dents of that locality. On the
other hand the law firm of Wash
burn, Bailey & Mitchell has rem
dered an opinion in behalf of res
idents of Park Point holding that
the proposed ordinance is perfectly
valid.
A. McC. Washburn represented
the residents of Park Point before
the council and took emphatic is
sue with Mr.. Richards. Does the
mere filing OF the city attorneys
opinion automatically dispose of
the ordinance?" Mr.. Washburn
asked. "If it does, this council
certainly is unique as a legislative
body. 1t strikes me;' he contin-
ued with biting sarcasm, las
cheap way of getting out of learn
ing the, constitutionality of such a
measure.
II Mr.. Washburn's reasoning is
sound, why is it necessary to en-
ploy city attorney. to advise the
council on such matters? The
| city councils of the state could
keep the courts busy passing on
the validity of most of their acts,
were they not guided in thcir
course by their. attorneys. The
legislature seldom enacts a law
against the advice of the attor-
ney general as to it's validity. Gov
ernors of Minnesota have been
known to veto "pet" measures put
up to them by accommodating
legislatures when attorneys gen.
eral. have advised them that the
acts were unconstitutional.
When city or state refuses to
pass a, measure of doubtful validi-
ty it stands as guardiane of the
peoples rights, and particularly of
the rights of the poor who cannot
afford the expense of litigation.
That fact was brought out most
forcibly when Governor johnson
vetoed a bill requiring peddlers to
take out a separate license in
every county in which they did
business. The attorney general
had advised him that the bin was
unconstitutional, so he returned it
to the legislature with his disap-
prevail? and with it he sent a mes
sage In which he declared that
while the established merchants
OF the state we're vitality interested
In the measure he could not see
his way clear to sign it and bring
injury to persons who were not
financially able to test it's legality
in the courts. He further stated
that there was no doubt in his
mind as to the unconstitutionality
Of the bill.
So Mr.. Washburn, if he looked
into the matter, would find moth
ing unique" at all in the fact
that a city council had turned
down a proposed ordinance when
it had been advised by a city al
torney, in whose judgment it usu-
ally has confidence, that the meas
ure in his opinion is unconstitu-
tional.
Our sympathy goes out to the
people of Park Point. No doubt
il we lived there we would be
among the advocates of the pro-
posed ordinance giving US prefer
entail use of the Aerial bridge
car at certain rush hours when
we were anxious to get to. our
home. -
1t may be that while the Aerial
bridge is public property paid for
h., HN