The Mankato free press., 1923-06-15
OPINION OF LEGAL !,
ADVISOR IN STATE
Chapter IS Does Not Apply
In Brooklyn" Case
DECREE OF BROWN
Act Of Legislature !napplicaEio
To the Present
Situation r

! North Mankato's proposed ar.
nexation to Mankato has esen
handed a body blow by tie Mipns-
! sofa attorney generals office. I'm
opinion from Montrevflle Brown, AS
sistant to Attorney General Clifo4a
L. Hilton, declared that the law eE-
acted at the last session OF tie lSg-
islature does not apply 20 North
Mankato or in the words CT mr.
Brown, "the law Is inspplicable. and
cannot be made ~ At the si;uctis'.
at ALL" Mr.. Browns letter 10 At.
torney ]. 4. Baker il thls city 10
interesting: ... .
"St. Paul, June g., i32s-J. A.
Baker. Esq, Mankatc, Mimi, Dasr
Sir: Yours Of June 7, addressed 70
Clifford l.. Hilton, attorney general.
| is before me for attention.
you state that the city OF Man
kato is operating under a charter.
dated February 4, 1910, adopted pur-
suant to the provisions of Sections
748 to 1853, inclusive, R. L. 1905; that
your charter does not give the city
any power or authority over ed
uCdLloHdl lndLLeIS, SuCH ds INC Co
tablishment, operation and mairr
! tenance of schools; that the ter
ritory lying within the city and ad
! joining territory additional thereto
constitute a school district, which
was created and Is now operating
under Chapter 1856, Special Laws
| 1878. You further state that a petit
/ tion has been filed with the city re-
corder of North ;Mankato, city Of
the fourth class, adjoining the city
of Mankato, requesting the govern
kato to call special election there
in for the purpose of submitting to
the electors the proposition of an
neXing to the city of. Mankato,
which petition was so filed under
and pursuant to the provisions OF
Chapter 35, Laws 1923. In the light
of the foregoing facts you inquire:
I. will the proposed an.
nexation under Chapter 35 of
1923 result in an amendment
of the charter Of the city Of
Mankato giving that city pow
J er to own school property, con-
duct schools, levy taxes for
! school purposes and otherwise
act for school purposes?'
| 2. will the proposed an
nexation result in the formation
of a new school district with
with the boundaries of the
greater city,"
Both In Negative
I'VE answer both of these in
quiries in the negative.
= Chapter 35 provides for the an
nexation of a city of the fourth
class to city of the third. class op-
Grating under home rule charter,
where the one bounds the other, for
city and school purposes The legis.
lature clearly had in mind when 1t
enacted this law city of the third
class. the home rule charter Of
which confers upon the city ex
elusive jurisdiction with reference
to the establishment, operation and
maintenance of public schools there
in. 1t did not have in mind a situa-
tion such as the one here presented.
| The city of Mankato has no author
its boundaries; there are under the
Jurisdiction of the school district
and it's officers. Of which the city OF
Mankato constitutes a part. The law
is inapplicable. and cannot be made
, to fit the situation at all. We,
therefore, hold that the annexation
of North Mankato and Mankato for
city and school purposes cannot be
brought about by proceedings un-
der Chapter 35." 10
Election Call To Be Rescinded
The North Mankato counsil held
a meeting Thursday night and is
sued call for an annexation elec-
ton on the same date as the sena-
torial primary election, Monday,
June 10. On Monday night next the
city council will hold a special meet
ing, at which time the call for the
election will be resoinded. w. l.
Fergler, vice president of the coun-
c;l mas issued the call for the meet
ing Monday night
The question of annexation has
been put Of two more years---o-
until another session Of the legis-
la;ure. when another attempt vii!
he maze 70 secure the passage Of
an annexation law that Will stand
the test. .r# a->+ :