SEC. 38. So much of the act to which this act is amendatory, and of any law of this State which in any manner conflicts with the provisions hereof, or the provisions of an act entitled, "an act to establish a municipal court in the city of Minneapolis," approved on the 13th day of February, 1874, is hereby repealed, and all provisions and enactments contained in the act to which this act is amendatory, relating to the election, qualification, authority, powers, jurisdiction and duties of justices of the peace or city justices in and for either and both of the divisions of said city of Minneapolis are hereby repealed, which said repeal shall take effect and be in force from and after the election and qualification of a municipal judge for said city and under the provisions of said act entitled "an act to establish a mu nicipal court in the city of Minneapolis," provided, That such repeal shall in no wise exempt or excuse either of the justices of the peace or city justices of said city heretofore elected, from making reports to the city council of said city of all proceedings had by or before said justices prior to the time of such election and qualification of said municipal judge, nor from paying over to the city treasurer any and all fines and penalties collected by them belonging to said city prior thereto, nor from doing and performing any other act, or thing necessary or proper by them to be done or performed in the full and entire performance and completion of the duties of their office.

SEC. 10. This act is a public act, and need not be pleaded or proven in any court in this state.

SEC. 11. This act shall take effect and be in force from and after its passage.

Approved March 5, 1874.

CHAPTER III.

AN ACT TO INCORPORATE THE CITY OF WEST ST. PAUL, IN DAKOTA COUNTY.

Be it enacted by the Legislature of the State of Minnesota:

SECTION 1. All the district of country in the county of Dakota, contained within the limits and boundaries hereinafter described shall be a city by the name of West Saint Paul, and the people

now inhabiting, and those who shall hereinafter inhabit the district of country herein described, shall be a municipal corporation, by the name of the city of West Saint Paul, and shall have the general powers possessed by municipal corporations at the common law, and the authorities thereof shall have perpetual succession, shall be capable of contracting and being contracted with, of suing and being sued, pleading and being impleaded in all courts of law and equity; and have a common seal and may change and alter the same at pleasure.

SEC. 2. The limits of said city shall be all that district of country on the west side of the Mississippi river, commencing at a point where the section line between section sixteen (16) and section nine (9), town twenty-eight (28), range twenty-two (22) intersect the Mississippi river on the west side, thence running due west along said line, until said line intersects the Mississippi river, thence along down' the channel of said river to point of beginning. The said city of West Saint Paul shall be divided intɔ two (2) wards as follows: The first ward shall comprise all that territory east of the centre of Main street beginning at the Mississippi river between Brazille [Bazille] and Robert ['s] addition and Marshall['s] addition, running thence south by way of Eaton street in Morrison's and Eaton's addition, to Washington avenue in West Saint Paul proper, thence south on the line of said avenue to the south boundary of said city. All territory west of the lines above described shall be the second ward. Each ward shall be an election precinct.

SEC. 3. There shall be an annual election of elective officers hereinafter provided for, to consist of a mayor, four (4) aldermen (two from each ward), one (1) clerk, one (1) treasurer, one (1) assessor, one (1) justice of the peace, and one (1) constable, on the third Tuesday in March in each and every year, and the polls of said election shall be opened and kept open from nine o'clock in the morning to four o'clock in the afternoon, and the city clerk shall give at least ten days' notice of the time and place of holding the same, together with a list of the officers to be elected, by publishing the same in a newspaper printed in the city, or by posting a printed or written notice in three of the most public places in said city. Like notice shall also be given by the city clerk of any special election. Special elections may be called by a majority of the city council, to fill any vacancy that may arise under this act, or to transact any other lawful business, every notice of which shall specify the object of said election, and no other business shall be transacted at such meeting or election than such as is specified in such notice. All special elections shail he conducted in a similar manner as near as may be, as general elections are by law conducted. The city council shall determine in what manner the judges and clerks

of election shall be appointed and the places of holding elections. At the close of the polls, the votes shall be counted and a true statement thereof proclaimed to the voters present, by one of the judges, and the clerks of election shall then file with the city clerk the statement of the votes cast at such election, and within five days thereafter the city clerk shall give notice in writing to the persons so elected by a plurality of all the votes cast, of their election. All officers shall be elected for one year and until their successors are elected and qualified, except the justice of the peace and constable who shall be elected for two years and until their successors are elected and qualified.

SEC. 4. The first election under the provisions of this act shall be by ballot for the adoption or rejection of this act and shall be held within two weeks after the approval of this act, at such place as the board of supervisors of the township of West St. Paul shall designate, and no person shall be eligible to vote at said election except he be a legal voter and resident within the limits described in section two of this act; and the said board of supervisors shall appoint three judges and two clerks, who, when duly qualified, shall act at said election. The ballots cast at said election shall have printed or written thereon, or partly printed and partly written thereon the words "In favor of act of incorporation, yes," or "In favor of act of incorporation, no." The polls shall be open from nine A. M. till five P. M. When the ballots cast shall have been canvassed the judges of election shall proclaim to the voters present a true statement of the result thereof, and a majority of the votes so cast shall be sufficient to adopt or reject this act, and the clerks of said election shall forthwith file with the board of supervisors of West Saint Paul, the returns of said election.

SEC. 5. After the acceptance of this charter the board of supervisors shall designate the places of election for the first election of officers under this charter in each ward, and shall appoint three judges and two clerks of election for each ward. At the close of the polls the judges of election shall count the votes cast and declare to the voters present a true statement of the votes cast; they shall then deliver a certified copy of their statement to the clerk of the board of supervisors of the town of West Saint Paul, who shall, within four days after the election give notice in writing to the persons so elected by a plurality of the votes cast at said election; Provided, That should the said clerk of the board of supervisors fail to perform his duty in this respect, the certificate of the judges of elec tion shall be deemed sufficient. Within ten days after notification by the town clerk all officers elected under the provisions of this act shall qualify as provided in section six of this act.

SEC. 6. The mayor and each alderman, before entering upon the

duties of their office, shall take and subscribe an oath that they will support the constitution of the United States, and the constitution of the state of Minnesota, and that they will well and truly perform the duties of their office to the best of their abilities.

SEC. 7. No person shall be eligible to any office under said corporation unless he is a legal voter in said city, and has resided therein six months next preceding the day of election.

SEC. 8. The city council shall be the judge of the election returns of their own members offices [and officers] of the city, and determine all contested elections.

SEC. 9. A majority of the city council shall constitute a quorum to do business, but a smaller number may adjourn from day to day and compel the attendance of absent members, under such penalties as may be prescribed by ordinance.

SEC. 10. The city council shall keep a journal of its proceedings, and the ayes and nays shall, on the demand of any member, be entered in the journal.

SEC. 11. No alderman shall be appointed to any office under the authority of the city, which shall have been created, or the emoluments of which shall have been increased during the time for which he shall have been elected, or for six months after such alderman's term of service shall have ceased.

SEC. 12.

Whenever there shall be a tie in an election, there shall be a new election ordered in such manner as shall be provided for by ordinance.

SEC. 13. There shall be twelve stated meetings of the city council each year, at such times and places as may be prescribed by ordinance.

SEC. 14. To the mayor shall belong the executive powers and authority granted by this act to said corporation, except such of said powers and authority as are specially vested in, or must from their nature, necessarily pertain to the other executive officers of said corporation. He shall sign all commissions, licenses and permits which may be granted by the city council, and all orders upon the treasurer. He shall maintain peace and good order, and see that the ordinances of the city are observed and executed. He shall have power, and it shall be his duty, to call out and use in such manner as may seem most proper, all the constabulary or police force of said corporation when he may deem it necessary to quell or prevent riot. He shall have power to call a meeting of the city council by giving notice thereof, as may have been provided by ordinance, or in default of such provision, in such manner as he may deem meet and proper. At any legal meeting, in all cases when the votes of the members upon any question are equal, the presiding officer shall have the casting vote. The mayor shall be

the presiding officer of the city council but shall not be entitled to the veto power.

SEC. 15. The mayor shall at all times be active and vigilant in enforcing the laws and ordinances for the government of the city, he shall inspect the conduct of all subordinate officers of said city and cause negligent and persistent violation of duty to be prosecuted and punished; he shall from time to time communicate to the aldermen such information, and recommend all such measures as in his opinion may tend to the improvement of the finances, the police, the health, the security, the comfort and ornaments of the city. He shall have power to execute all acts that may be required of him by any ordinance made in pursuance of this act. He shall also have such jurisdiction as may be vested in him by ordinance of the city, and over all places within five miles of the boundaries of the city, for the purpose of enforcing the health and quarantine ordinances and regulations thereof.

SEC. 16. If any mayor during the time for which he shall have been elected, remove from the city, the office shall be declared

vacant.

SEC. 17. In case the mayor shall at any time be guilty of a palpable omission of duty, or shall willfully and corruptly be guilty of oppression, malconduct or partiality in the discharge of the duties of his office, he shall be liable to be indicted in the district court for Dakota county, and on conviction he shall be fined not more than five hundred (500) dollars, and the court shall have power to add to the judgment of the court that he be removed from office.

SEC. 18. Whenever any vacancy shall happen in the office of mayor, it shall be filled by election.

SEC. 19. The clerk shall be the recording officer of the city and of the city council and shall be authorized to administer oaths and affirmations, and take acknowledgments. He shall have custody of the seal (if any) of said corporation, and all the records thereof, not necessarily and specifically appertaining to the other officers thereof. He shall keep a record of the doings of the city council, the passing of by-laws, ordinances, rules, regulations, resolutions, &c; and also a faithful record of all the doings and votes of the inhabitants of said city at their annual and other legal meetings. He shall receive all the moneys payable to said corporation, except as hereinafter provided, and shall immediately pay the same over to the treasurer, charging him there with and taking his receipt therefor. He shall keep all accounts of the corporation with individuals or otherwise, and keep on file all papers which may be ordered by the city council, receive all claims against said corporation, and draw all orders upon the treasurer for moneys payable by the same, but no such order shall ever be drawn by said clerk unless the same shall be in