Askov American. [volume] (Askov, Pine County, Minn.) 1914-current, 1929-10-17

DER S1, 1907.
Villages Now Operating Under Laws
1925, Chapter 4.
villages which are now operating
under Laws 1925, chapter 4, (Villages
having an assessed valuation in excess
of $4,000 per capita) now hold their
elections in December. While these
villages are brought under Laws 1929,
chapter Alb, by the express terms OF
that act, we do not think that it was
the intention of the legislature to do
away with the December. 1929 cleo
ton in such villages. We therefore
believe that in these villages, and
these villages only, there will be an
election in December, 1929, at which
the following officers will be elected:
Il. Mayor or Village President. The
term of office of the present incum-
bent expires December 81, 1929. His
successor is elected December, 1929,
for a one-year term.
"2. Clerk or Recorder. Under the
specific provision of section of chap
ter Alb there can be no clerks elect
ed in December, 1929. The present
incumbent will hold office until De-
cember 81, 1890. His successor will
be elected in December, 1880 for a
two-year term commencing January,
1881.
There seems to be no escape from
this construction in spite of the fact
that it permits the present incumbent
to hold over full year. The inten-
ton of the legislature apparently was
to make the term of the clerk two
years and to provide for his election
in even numbered years.
IS. Treasurer. The term of office
of the present incumbent expires De-
cember 81, 1929. His successor should
be elected in December, 1929, for a
two-year term beginning January,
1880, and expiring December 81, 1881.
"a. Assessor. The present incum-
bent should be holding office for a
term expiring December 81, 1929. His
successor should be elected for two
year term beginning January, 1880.
"5. Constable. There should be in
office two cOnstables, one of whom
holds office until December 81, 1929.
His successor should be elected for a
two-year term beginning January,
1880.
| IS. Trustee. The terms of office
of the three trustees should by this
time have been Strengthened out under
the 1925 law, and at the December,
1929 election a successor should be
elected to the trustee whose term eX-
pires December 81, 1929, for a three
year term beginning January, 1880.
81. Municipal Judge. Chapter 413
specifically provides that the exist
ing succession of terms of municipal
judges elected under Laws 1925, Chap
ter 4, as amended, shall be continued,
and that successors to such judges
shall be elected for four-year terms
at the elections in December preced-
ing the expiration of the term of such
| judges.
IS. Justice of the Peace. If the
term of office of any justice expires
on December 81, 1929, his successor
should be elected for two-year term.
General Observations.
Attorney General G. A. Youngquist
has the following to say concerning
his foregoing Interpretation and chap
ter Alb of the Village Election Laws
of 1929:
1T should be noted that under chap
ter 413 the village president holds Of
| flee for one-year term, the village
| trustees for three-year terms, the
municipal judge for four-year term,
and all other village officers for two
year terms.
THE construction of chapter 413
which we have arrived at as above
set forth is not at all satisfactory.
There is no satisfactory construction
that can be made of the law. 1t was
originally introduced at the very COM
mencement of the 1929 session with
the apparent intention of having it
passed Immediately so as to do away
| with the March, 1929 election. The
intention then was to have the oper-
alton of the act commence with a
village election in December, 1929.
Because of the act not passing before
the March, 1929 elections were held,
this intention had to be abandoned.
The bill was revamped so as to delay
it's operation for one year and passed
on the last night of the session. In
revamping it, adequate consideration
was not given to the difficulties ere
ated by the changes made. In con-
STRUNG it we have tried to arrive at
the intention of the legislature as
shown by the act as a whole, and to
construe its provisions so as to carry
out that intention.
"It should be noted that section 2
of Chapter Alb now makes mandatory
the election of the officers named
therein in all villages of the state
no matter how organized. For in
stance, there may be villages in which
the assessor has been appointed by the
council and not elected Under Sec
ton 2 this office is now an elective
office in all villages which constitute
separate election districts.
1T may be that the terms of office
of the officers in some villages organ.