37 Minn. 26 | Minn. | 1887
In 1868 the borough of Belle Plaine was carved out of the towu of Belle Plaine, and for certain municipal purposes clothed with a distinct corporate existence; but for others, including the election of town officers, it remained part of the town. Sp. Laws 1868, c. 36, § 24; Bannon v. Bowler, 34 Minn. 416, (26 N. W. Rep. 237.) As a general rule, every organized town is one election district or' precinct. Gen. St. 1878, c. 1, § 2.
Under the general statute, the only place for holding the annual-town meeting for the town of Belle Plaine for 1887 was at the place where the last preceding annual meeting was held in the borough. In this state of facts, the legislature, on January 29, 1887, passed an act entitled “An act to detach certain territory from the borough of Belle Plaine, Scott' county, and to create therefrom a new election district, ” and providing that all of certain described territory, (being that embraced in the entire town of Belle Plaine,) “except the part thereof now belonging to and being contained in the borough of Belle Plaine, shall be detached from the said borough of Belle Plaine for election purposes, and constitute a separate election district-or precinct.” Sp. Laws 1887, c. 328.
In our judgment, the intended effect of this legislation was to divide' the town of Belle Plaine into two election districts or precincts; one-consisting of the borough, the other of the rest of the town; the town,, however, still continuing to be a unit or entirety. This is the only' sensible meaning which we are able to attach to the language of the-act, although we dare say it is not that which its framer had in mind..
But with this meaning the act is unconstitutional. The constitution (article 11, § 4) requires that “provision shall be, made by law for the election of such county or township officers as may be necessary.” This requirement has been complied with by appropriate legislation. Article 7, § 1, of the constitution, further provides, in substance, that every qualified elector shall be entitled to vote, in his election district, “for all officers that now are or hereafter may be elec
Upon these considerations we are of opinion that the act of 1887 is unconstitutional. It follows that the town of Belle Plaine remains one election district as before its passage, and that, therefore, the annual town meeting at which the respondent was elected town clerk was the legal and regular meeting of said town, and the respondent’s election valid.
Let judgment be entered for respondent accordingly, with his costs.