The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1940-10-17
PROPOSED AMENDMENT

BY the enactment of Laws 1889. Char
ter AT, the legislature has proposed q
amendment to Section SO of Article
the constitution. This section now reaC
as follows:
Section SO. Any city or village in
this state may frame a charter for
its own government as city con-
sistent with and subject to the laws
of this state, as follows: The legis-
lature shall provide. under such re-
strictionS as it deems proper, for
board of fifteen freeholders, who shall
be and for the past five years shall
have been qualified voters thereof, to
he appointed by the district judges
of the judicial district in which the
city or village is situated. as the legis-
lature 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 a
draft of said charter, signed by the
members of said board, or majority
thereof. Such charter shall be SUBJ
mitted to the qualified voters of such
city or village at the next election
thereafter. and if four-sevenths of
the qualified voters voting at such
election shall ratify the same it shall,
at the end of thirty days thereafter,
become the charter of such city or
village as city, and SuperSede any
eNlSIlIlB charter ana
thereof: Provided. that In cities hav-
ing patrol limits now established.
such charter shall require three
fourths majority vote of the qualified
voters voting at such election to
change the patrol limits now estab-
iished. Before any city shall incor-
porate under this act the legislature
shall prescribe by law the general
limits within which such charter shall
he framed. Duplicate certificates
shall be made setting forth the char
ter proposed and its ratification.
which shall be signed by the chief
magistrate of said city or village and
authenticated by its corporate seal.
. One of said certificates shall be de-
posted in the office of the secretary
2 recorded in the office 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 charter
posal therefor made by a board of
fifteen commissioners aforesaid, pub
lshed for at least thirty days in three
newspapers of general circulation in
such city or village. and accepted
by three fifths of the qualified voters
of such city or village voting at the
next election and not otherwise; but
such charter shall always be in har-
mony with and subject to the con-
stitution and laws of the state of Min
nesota. 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 or village. by written petit
ton. such commission shall submit
to the. vote of the people proposed
amendments to such charter set forth
i'm said petition. The board of free
holders above provided for shall be
permanent. and all the vacancies by
death, disability to perform duties.
resignation or removal from the cor
parate limits, or expiration of term
of office, shall be filled by appoint
ment in the same manner as the
original board was created, and said
board shall always contain it's full
complement of members. 1t shall be
a feature of all such charters that
there shall be provided, among other
things, for mayor or chief magis-'
trate, and legislative body of either
one or two houses; If of two houses.
at least one of them shall be elected
by general vote of the electors. In
submitting any such charter or
amendment thereto to the qualified
voters of such city or village any
presented for the choice of the voters.
and may be voted on separately with
out prejudice to other articles or sec
lions of the charter or any amend
ments thereto. The legislature may
provide general laws relating to af-
fairs of cities, the application of
which may be limited to cities of over
fifty thousand inhabitants. or to cities
of, fifty and not less than twenty
Thousand inhabitants, or to cities of
twenty and not less than ten thou
sand 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 pro-
visions relating to the same matter
included in the local charter herein
provided for. But no local charter,
provision or ordinance passed there
under shall SuperSede any general law
of the state defining or Furnishing
crimes or misdemeanors."
II amended as proposed by the legi.
lature, this section will read as follows:
Section SO. Any city or village in
this state may frame charter for its
own government as city consistent
with and subject to the laws of this
state. as follows: The legislature
shall provide. under such restrictions
as it deems proper, for a board of fif-
teen freeholders, who shall be and for
the past five years shall have been
qualified voters thereof, to be APP
Judicial district in which the city or
village is situated, as the legislature
may determine, for term in no event
to exceed six years, which board
shall, within six months after its APP
pointment. return to the chief magis-
trate of said city or village a draft
of said charter, signed by the MEM
bers of said board, or a majority
thereof. Such charter shall be sub
mitted to the qualified voters of such
1t thn al To-,
thereafter. and If four-sevenths of the
qualified voters voting at such cleo
ton shall ratify the same it shall, at
the end of thirty days thereafter. be-
come the charter of such city or viii
lage as a city, and supersede any
thereof: Provided. that in cities hav-
ing patrol limits now established, such
charter shall require a three-fourths
majority vote of the qualified voters
at such election to change the patrol
limits now established. Before any
city shall incorporate under 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
ton, which shall be signed by the
chief magistrate of said city or viii
lage and authenticated by its cor
porate seal. One of said certificates
shall be deposited 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 among the archives of
such city or village, and all courts
shall take judicial notice thereof.
Such charter so deposited may be
amended by proposal therefor made
by board of fifteen commissioners
aforesaid, published for at least once
each week for four successive weeks
in a legal newspaper OF general cir
cuiation In such city or village and
accepted by three-fifths of the quail
fed voters of such city or village
voting at the next election and not