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

uon shall declare in favor OF any
amendment so proposed, the same
shall be certified, deposited and re-
corded, and shall take effect as in
the case of the original charter"
In case of the adoption of an orig
inal charter the home rule amend
ment to the constitution of Mime
! sofa provides duplicate certifi-
Gates shall be made setting forth
the charter provisions and its rati-
tication which shall be signed by
the chief magistrate of said city
seal. One of such certificates shall
be deposited in the office Of the sec
rotary of state, and another after
being recorded In the office of the
register of deeds for the county in
which such city lies shall be depo-
sited among the archives of sucn
city and all courts shall take Judi
cial notice thereof"
1t is further found that in case
of the adoption of an original home
rule charter "the certificates pro-
vided for in Section SO Article 4 OF
the Constitution (last above quoted)
being deposited and srecorded as
thereby required, said charter shall
take effect at the end OF thirty days
from the date OF the election, and
shall then supersede all other char
/ ter provisions relating to said city"
In examination of these provi-
sions which are controlling in the
case reveals resultant situation
certainly incapable Of administra-
ton.
The results of an election held
November Z, 1922, could not posi-
bly, be ascertained and certified be-
fore the day following such election,
and by the closest calculation and
based upon the result OF greatest
diligence the effect of the adoption
of the proposed amendment could
not be realized Al any time before
the Sth day of December 1922, and
when so realized and such effect
having been accomplished the hold
ing of municipal election for any
purpose whatever must be arranged
in conformity with the provisions
of the charter of the city and in
pursuance thereof a primary cleo
ton must be held for the purpose
of which candidates for the respec-
manner required by such charter,
and thereafter and upon the deter
mination of the result of such pri-
mary election and upon timely no
tice thereafter as provided by the
charter of the City of Mankato to
thereafter could then be held but
not earlier than the Sth day Of Jan
uary, 1928.
Thus we find a proposal to amend
charter of the City of Mankato to
declare and command the holding
of a municipal election for the pur-
pose of putting into effect such
h. Nf No.
cember, 1922, and reading all in all
the proposed amendments and the
original charter and the law and the
constitution in such case made and
provided, we discover that no such
election could possibly be held in
lawful manner before the Sth day of
January, 1923, at which time no
election could be held under the
charter of the amendatory provi-
sions as proposed for no means
whatever a.e provided therefor.
The result of all of this would
be to create a condition of munich
pal chaos the possibilities of which
clearly indicate many elements Of
danger and consequences of over
whelming doubt. Numerous possible
dangers clearly disclose themselves
among which may arise the ques-
ton whether any duly constituted
municipal authority exists in the
event of certain possible confusion,
or for example whether or not the
terms of the incumbents OF offices at
the present time may not be contin-
ued until the first Monday in De-
cember, 1924, in the event the pro-
posed amendments should be adopt
ed as reported and no further
amendments considered or adopted
n tho meantime Other nndCihflf-
ties of grave danger are clearly ap-
parent requiring no present discus
sion.
We feel that to encourage such
situation by the mandate of the
court would result in an abuse of
discretion and that the unfortunate
situation that has developed may be
best remedied by referring the pro-
posed amendments back to the
board of freeholders for their fur
Their consideration and recommen-
dalton of such changes as may be
practically applied in the event OF
Wherefore the petition of the re-
lator herein is dismissed and the
alternative writ of mandamus here
in issued on tee 30th day of Sep
TENDER, 1922. is ordered quashed.
Let judgment be entered accord
ingly.
Andrews Says "Stand Pat"
When DR.. j. w. Andrews, chair
man of charter commission, was in
formed by The Free Press of the
decision of Judge w. L. Comstock
in refusing the writ of mandamus
asked for by the commission which
sought to force Mayor w. A. Beach
and the city council to submit the
proposed change, he said:
IL think that tie demand Of the
people seems to be that the com
mission go ahead, as they were le-
gally appointed by the court to
suggest proposed changes to the
charter. 1t is my opinion that the
commission will soon be reassembl-
not possibly get ready for the No.
of a special election, for we could
ed for the purpose of amending that
Objectionable reference to the date,
and then place the recommendation
before the people.
This will necessitate the calling
vember election now. If not at a
special election, the matter could be
held over until the regular city
spring election which comes next
April | do not think that we will
lay down on the matter. We will
have to amend the proposed changes
so that they will be right, and then
i. will be up to the city council to
place them before the people for
Their acceptance or rejection at
such a time as the council may
deem best
Mayor Waters Is Insistent
NJ