The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1923-02-23

passing on the proposed amendments
the people of Mankato have all the
legislative power possessed by the
legislature of the state save as such
powers are expressly or implicitly
withheld" Park v. City of Duluth,
134 Mimi 296. Neither the city
council nor the courts have any gu
pervisory or veto powers. The sta
Lutte Is mandatory and declares that
upon the delivery of the draft OF a
charter the council. or other gov
the proposed charter to be submit
ted, etc. Sec. 1S4S, G.. s. 1918. Pro-
posed amendments shall be submit
ted as in the case or the original
charter, Sec. 1850, G. s. 1918. There
is no room for argument about the
duty of the council in either case.
VI is suggested that mandamus
will not lie to compel the submission
of amendments which would be un-
constitutional or void even IL np-
proved by the electors. A home rule
charter and all amendments thereto
must be in harmony with the Con
stitution and laws Of this state. Sec.
So. Art. 4. Constitution of Minneso,
Ia. But IL cannot be and is not
main aimed that the proposed
Iut
policy OF the state or any statutory
or constitutional requirement. We 40
not hold that an amendmen to q
charter must be submitted even
though it is manifestly unconstitu-
tional. That question is not now
before us and consideration thereof
Is not necessary TO the odetermina
ton Of this appeal.
No Fault Of Realtors
II is through no fault of the re-
lators that the amendments have
not been submitted as directed by
Sec. 134S. The duty to submit them
Is not at ar end because respondents
did not comply and no longer can
comply with the directions OF the
statute: Ii is within their power at
and lay the amendments before the
State ex rel Lowe V. Barlow. 1873
Mimi. 181. Such election may be
held at the same time as the general
city election and may be conducted
by the same election officers. Sec.
134S; Hopkins V. City Of Duluth, 81
MINI. lS9- 1876. Mankatos next gen
eral election is near at hand. There
is yet time TO publish the amend
ments as the law requipes. The eX
pense OF z special election to vote
on the amendments alone can be
avoided. II the amendments are
adopted they will not take effect until
thirty day safteT the election and
will not terminate the right of the
city officials elected in April to con
tinue in office. Woodbridge V. City
of Duluth, 12l MINI. 80. They will
take office on the second Tuesday OF
April and hold over until their sue
cessors are elected and qualified.
Sec. 5. Mankato City Charter. Their
successors cannot be elected prior to
The next general city election unless
a special election is ordered as pro
vided by Sec. II of the present
charter. The next general city cleo
ton will not be held until the first
Monday in December 1924, il the
amendments are ratified, and hence
the officers chosen under the provi
sions of the present charter will
continue to serve.
We are of the opinion that, in ad-
dition TO the Policewoman Amend
ment. all the others should be sub
mited at the city. election to be held
son the first Tuesday Of April next, If
there is yet time TO submit them at
that election, otherwise a special
election should be called for the
purpose of voting on them.
The judgment dismissing the pc
tition for the alternative writ and
Iauashing the writ is reversed and
1.-THE cause remanded for further pro-
Iceedings in accordance herewith.