The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1922-09-29
REPORT OF LEGAL
ADVISOR IS GIVEN
FINDS FLAWS IN WORK
OF COMMISSION
LAACk MADE MOTION

Their Document Was Quietly
Put To Sleep With Other
Things In Archive
Mayor w. A. Beacn as refused to
submit the proposed changes to the
city charter, as made by the charter
commission last winter to a vote
of the people In their present form
This was the decision reached W
the chief executive of the city last
might at the city, council meeting
alter receiving repor; from City
Attorney c; e. Gilmore on ;ne ad-
visibility of submitting the recon
least thirty days before the general
Election in November.
City Attorney Gilmore in referr-
ing to the proposed change to the
aldermanic form of government
stated that it would have to be re-
commended in different, form To
meet the requirements of that sys
tenn of municipal government. Mr.
Gilmore says that the submitted
plan would only lead to confusion
and the desired end would not be
attained in the present form of re-
commentator. Mr.. Gilmore advised
handling contract work. Referring
to the appointment of police wo-
man, the attorney said that he did
not think that the people would
wish to call a special election to de-
eide the matter. The water. frontage
tax or assessment change as mace
by the charter commission in its
present form is not recommended
by the city attorney.
City Attorney Gilmore refers to
the proposed change in the time OF
holding city elections as a Round
about way and ambiguous method
OF cutting short the present terms
of city officials. y - 'ya ",.@
After the recommendations of the
city attorney had been read by City
IClerk Bates, Mayor Beach announc-
ed that he refused To- submit the
proposed changes to the city char
ter in their present form. 1t had
been proposed according to law, to
publish changes at least thirty days
before the general election in No
vember, when the proposed amend
ments would come up for a vote OIL
tn, people. IL the amendment call
ing for a change in date. of city
election from April to December,
that the first Monday in next De-
cernber would be city election day,
and the officers by the people of
their offices the first Monday in
January.
For the reasons given in the re-
commentators of the city attorney,
refuse to submit the proposed
changes in their present form, said
Mayor Beach to the council.
On motio6 of Councilman Lack
the report Of the city attorney was
placed on file.
The report Of City Attorney Gil.
more reads as follows:
Mayor William A. Beach, Man
kato, Minnesota, Dear Sir: AT the
general November election of 1881
the voting electors Of the State of
Minnesota ratified an amendment
to the constitution of Minnesota. so
as to prohibit the state legislature
from granting corporate powers to
towns and villages of Minnesota,
but excepted cities from its pro-
visions. Up to that time the, legis.
lature Of Minnesota had incorpor-
ated towns, villages and cities by
special laws of the legislature; each
session of the legislature had its
general laws and its special laws.
The constitutional amendment in
!. question is Section 81 of article 4 of
our state constitution.
AT the general November cleo.
ton of 1922 the voting electors of
Minnesota ratified a further amend
/ ment to the said section, so as to
| prohibit the state legislature from
passing any local or special law reg
rlating the affairs of, or incorporat.
ing, any county, city, village, town
ship. ward or school district in the
state Of Minnesota. This put a stop
/ to special laws, as such, of our state
legislature; :, except that certain
special legislation is put through
under the guise of. General laws, but
/ giving certain physical limitations
such as population, number of town
4 ships, etc. taja
/ AT this time the, City of Man
kato had an outstanding charter
| given to it by the legislature of the
! State OF Minnesota, under special
ratification of the said amendment,
could not be amended to meet the
| grow ing needs of our city, except by
the said not-very- satisfactory cir.
cumlocution. - -,
other Cities Had Same Experience.
| Other cities of Minnesota. we're
! Experiencing the same difficulty.
This brought about the passage of
Section So of articles 4 of our state
constitution, ratified at the Novem.
Der election of 1896, in its original
form, and at the November election
of 1893 in the form in which 1t now
stands. This section is known as
the home rule amendment to our
state constitution. It is a general
law under which the cities and vii
lages of Minnesota may frame their
own charters. The powers con.
/ ferred upon cities and villages un.
der this section of the state consti-
tuition are broad; and commission
form of government is permitted
| Hereunder. The villages of Mime
sofa were provided with general
Law for incorporation under statutes
In 1855; but the said home rule
amendment was the first general
law for the incorporation of cities
1 in Minnesota. And it is still the
only general law for the incofpora-
| ton OF cities n in Minnesota, aside
| from Chapter 1852 of the 1921 session
laws of Minnesota for cities of the
fourth class, under which North
Mankato is incorporated.
0'Mankato- has q commission form
of city government. its charter was
declared constitutional by the SUI
preme court of Minnesota in the
! case of State " Mankato, MI MINI,