St. Paul recorder. [volume] (St. Paul, Minn.) 1934-2000, 1940-10-04
J. A. A. BURNQUIST
Attorney General
st. Paul, Minnesota,
February S, 1910

February S, 1910
Honorable Mike Holm,
Secretary Of State,
Dear Sir:
In compliance with the provisions 9
Iiason's Minnesota Statutes Of 1922
section 46, I make this statement Q
he purpose and effect of the amend
nent proposed to the constitution Q
to be voted on at the No
'ember 5, 1910 general election in &C
;ordance with Laws 1889, Chapter al
PROPOSED AMENDMENT
BY the enactment of Laws 1873!
chapter 447, the legislature has pro
POSED an amendment to Section 36 o
Article of the constitution. This sec
ion now reads as follows:
Section Sc. Any city or village
in this state may frame q charter
for its own government as q city
consistent with and subject to the
laws of this state, as follows: The
legislature shall provide, under
such restrictions as 1t deems prop
er, for a board of fifteen free
holders. who shall be and fol-, the
past five years shall have been
qualified voters thereof, to be ap-
pointed by the district judges Of
the judicial district in which the
city or village is situated, as the
legislature may determine, for q
term in no event to exceed six
years, which board shall, within
six months after its appointment.
return to the chief magistrate Of
said city or village draft of said
charter, signed by the members of
said board, or a majority thereof.
Such charter shall be submitted to
the qualified voters of such city or
village at the next election there
after, and if four-sevenths of the
qualified voters voting at such
election shall ratify the same 1t
shall, at the end of thirty days
thereafter, become the charter of
such city or village as q city, and
supersede any existing charter and
amendments thereof: Provided.
that in cities having patrol limits
now established, such charter shall
require a three-fourths majority
vote of the qualified voters voting
at such election to change the pa
troll limits now established. Be-
fore any city shall incorporate un-
der this act the legislature shall
prescribe by law the general limits
within which such charter shall be
framed. Duplicate certificates shall
be made setting forth the charter
shall be signed by the chief magis-
trate of said city or village and
authenticated by it's corporate seal.
One of said certificates shall be
deposited in the office of the Sec
rotary Of state, and the other,
after being recorded in the Of
flee Of the register Of deeds for
the county in which such city or
village lies. shall be deposited
among the archives Of such city
or village, and all courts shall take
judicial notice thereof. Such char
ter so deposited may be amended
by proposal therefor made by q
board of fifteen commissioners
aforesaid, published for at least
thirty days in three newspapers
of general circulation in such city
or village, and accepted by three
f1fths Of the qualified voters Of
such city or village voting at the
next election and not otherwise;
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 provide
that upon application of five per
cent of the legal voters of any
such city C~. village, by written
submit to the vote of the people
proposed amendments to such
charter set forth in said petition.
The board Of freeholders above
provided for shall be permanent,
and all the vacancies by death,
disability to perform duties, resig-
nation or removal from the cor.
porate limits, or expiration of term
OF office, shall be filled by appoint.
ment In the same manner az the
original board was created. and
said board shall always contain its
full complement OF members. It
shall be feature of all such char.
tiers that there shall be provided,
among other things, for q mayor
or chief magistrate, and q legis-
lative body of either one or two
houses; If of two houses, at least
one of them shall be elected by
submitting any such charter or
amendment thereto to the qualified
voters of such city or village any
alternate section or article may be
presented for the choice of the
voters, and may be voted on sepa-
rately without prejudice to other
articles or sections of the charter
or any amendments thereto. The
legislature may provide general
the application of which may be
limited to cities Of over fifty thou
sand inhabitants, or to cities Of
fifty and not less than twenty
thousand inhabitants, or to cities
Of twenty and not less than ten
thousand inhabitants, or to cities
Of ten thousand inhabitants or
less. which shall apply equally to
all such cities Of either class, and
which shall be paramount while in
force to the provisions relating to
local charter herein provided for.
But no local charter. provision or
ordinance passed Hereunder shall
supersede any general law Of the
state defining or Furnishing crimes
or misdemeanors."
II amended as proposed by tn,
legislature, this section win read a
ollows:
Section SO. Any city or village
In this state may frame q charter
for its own government as q city
consistent with and subject to the
laws of this state, as follows: The
legislature shall provide, under
such restrictions as II deems prop.
er, for q board of fifteen freehold
ers. who shall be and for the past
five years shall have been qualified
voters thereof, to be appointed by
the district judges of the judicial
district in which the city or village
is situated, as the legislature may
determine, for a term in no event
to exceed six years, which board
shall, within six months after its
appointment, return to the chief
magistrate of said city or village
q draft of said charter, signed by
the members of said board, or a
majority thereof. Such charter
shall be submitted to the qualified
voters Of such city or village at
the next election thereafter. and II
four-sevenths of the qualified Vot-
ers voting at such election shall
rattfy the same 1t shall. at the end
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