97 Minn. 147 | Minn. | 1906
The improvement .under consideration was the grading of West Fair-field avenue, from South Wabasha street to Belle street, and in the original' proceedings judgment was denied upon the ground that the notice of assessment had not been properly given, and thereupon -the matter was sent back to the board of public works, and that body proceeded to make a reassessment by extending the same amounts against the respective pieces of land which had not paid the original assessment. Upon application for judgment on the reassessment, objec
In State v. District Court of Ramsey County, 89 Minn. 292, 94 N. W. 870, it was held that the petition was jurisdictional and its omission fatal; the point having been raised in the original assessment proceedings. But upon reassessment proceedings this case is controlled by State v. District Court, 95 Minn. 503, 104 N. W. 553, State v. District Court of Ramsey County, 95 Minn. 183, 103 N. W. 881, and cases therein cited, unless the 1898 amendment (section 36, art. 1) of the constitution, prohibited the delegation to the board of public works of powers and duties respecting reassessment.
It has been a difficult matter for the citizens of St. Paul, and for the courts also, to fully realize that the city charter provides studied safeguards to property owners in original assessment proceedings, and yet,notwithstanding the elaborate machinery in that respect, absolute power is vested in the board of public works to reassess for the same improvement without regard to whether the charter provisions were complied with or not. This method of placing arbitrary power in the hands of a few men not selected by the voters of the city has been severely criticised, and no doubt fails to meet with popular approval; but the remedy, if any, lies with the people themselves. This is another instance where the courts can only define the law, but are powerless to make it over to meet the contingencies, or the hardships, of a particular case.
The constitutional amendment of 1898 reads:
It shall be a feature of all such charters that there shall be provided, among other thing's, for a mayor or chief magistrate, and a 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.
We do not feel called upon, at this time, to review the cases which hold that the functions exercised by the board of public works upon reassessment were not in -conflict with the constitution as it stood be
We adhere to the former rulings of the court as to the validity of the reassessment, notwithstanding the occurrence of jurisdictional defects in the original proceedings, and, further, that the constitutional amendment of 1898 was not intended and did not have the effect of limiting the functions and powers imposed upon the board of public works as provided by the city charter.
Order affirmed.