Twin-City herald., 1938-10-08
To be submitted at 1888
General Election
STATE OF MINNESOTA
LEGAL DEPARTMENT
WILLIAM s. ERWIN
Attorney General

WILLIAM s. ERWIN
Attorney General
st. Paul, Minnesota, June 8, 1888
Honorable Mike Holm,
1 Secretary of State,
Dear Sir:
In compliance with the provisions o
!, Section 46 of Mason's Minnesota Statute
OF 1927: ! herewith furnish you state
ment or the purpose and effect of all pro
posed amendments to the Constitution
OF the State of Minnesota which are I,
De submitted to the electors of sait
state at the general election in 1888 il
accordance with certain acts adopted b,
the 1897 legislature.
PROPOSED AMENDMENT NO.
BY the adoption of Chapter 4s2 Of tn,
Laws OF 1887, the legislature has pro.
posed an amendment to Article of tn,
state Constitution. The proposed amend.
ment, If adopted, will not alter the form
Of any existing section of the Constftu.
| ton but will add a new section to be
known as Section of said Article 8
The proposed section reads as follows;
OF the state, including lands held in
trust for any purpose, may, with the
unanimous approval of commission
consisting consist & OF the governor. the at
be exchanged for lands of the United
states and/or privately owned lands
In such manner as the legislature
may provide. and the lands so ac-
quired shall be subject to the trust,
II any, to which the lands exchanged
therefor were subject, and the state
shall reserve all mineral and water
power rights in lands so transferred
by the state"
The Purpose and Effect Of the Proposed
Amendment
The purpose and effect Of this amend.
consisting Of the governor, the attorney
general, and the state auditor the power
GO exchange any of the public lands Of
the state, Including lands held In trust
States and lands privately owned, such
exchanges to be made In such manner as
the legislature may provide. In the
changes cannot now be made because the
State Constitution does not permit the
legislature to authorize the sale Of said
not ,anos except s,In by public sale. This amend
70 acquire compact areas of land for for.
estry and other conservation purposes by
exchanging land outside Of state forests
Of the United States within such areas
and for privately owned lands within
The amendment requires that all min.
eral rights and water power rights In
,ands s 50 transferred BY the state shall
become subject to the same trust, If
any, as the land disposed of. For exam
PIE, " school land ls given In exchange,
tne iaho received VIII become school land.
PROPOSED AMENDMENT NO.
By the adoption of Chapter 49s of the
Laws OF 1897 the legislature has proposed
an amendment to Section 36 of Article
OF the Constitution of the State of Min
nesota.
This section now reads as follows:
ANY city or village in this state
may frame charter for its own gov
ernment as city consistent with
and subject to the laws of this state,
asovi9a as f9oWs Sd.r The Ten legislature shall
deems proper, for a board of fifteen
freeholders. who shall be and for the
past five years shall have been quail
ned voters thereof, to be appointed
by the district judges of the judicial
district in which the city or village
y situated, as the legislature may
determine, for term in no event to
exceed six years, which board shall.
within six months after its appoint
ment, return to the chief magistrate
OF SAID city or village draft of said =
said board, or a majority thereof.
Such charter shall be submitted to
the qualified voters Of such city or
after. and il fonr-sevenths of the
qualif1ed voters voting at such elec-
ton shall ratify the same 1t shall,
become the charter of such city or
village as city. and supersede any
Existing Existing ph'des charter and amendments
such charter shall require a three
fourths majority vote of the qualified
voters voting at such election to
lished. Before any city shall incor-
porate under this act the legislature
shall. shall prescribe r,;.hi by law the general
shall be framed. Duplicate certif-
Gates shall be made setting forth the
charter proposed and its ratification.
,,,n which S;n4,s shall t be signed by the chief
authenticated by its corporate SEAL
One of said certificates shall be de-
posted In the office of the secretary
OF state, and the other, after being
recorded in the office of the register
OF deeds for the county in which such
city or village lies, shall be deposited
village, and all courts shall take
judicial notice thereof. Such charter
so deposited may be amended by pro-
poSaI therefor made by q board of
fifteen commissioners aforesaid. pub
lished for at least thirty days in three
newspapers of general circulation in
such city or village, and accepted by
three-hfths of the qualified voters of
such city or village voting at the next
election and not otherwise; but such
charter shall always be in harmony
with and subject to the constitution
and laws of the state of Minnesota
The legislature may prescribe the
duties of the commission relative to
submitting amendments of charter to
the vote of the people, and shall pro-
vide that upon application of five
per cent of the legal voters of any
such city or village, by written petit
ton, such commission shall submit to
the vote of the people proposed
to such charter set forth
n said petition. The board of free +,
holders above provided for shall be /!
and all the vacancies by
ieath, disability to perform duties, ,
or removal from the cor
oorate limits, or expiration of term I
II office, shall be filed by appoint :
nent in the same manner as the
original board was created, and said
BOARD shall always contain its full =
of members 1t shall he
feature of all such charters that q
here shall be provided, among other
hings, for mayor or chief magis-
rate, and a legislative body of
ither one or two houses; il of two
louses, at least one of them shall be
lected, by general vote of the elec- !
ors. In submitting any such char 10