City of Duluth v. Orr

• Decision Date: 28 July 1911
• Docket Number: 17,114 - (223)
• Citation: 132 N.W. 265,115 Minn. 267
• Parties: CITY OF DULUTH v. FRANZ D. ORR
• Court: Minnesota Supreme Court

132 N.W. 265

115 Minn. 267

CITY OF DULUTH v. FRANZ D. ORR

Nos. 17,114 - (223)

Supreme Court of Minnesota

July 28, 1911

Appeal by defendant from an order of the district court for St Louis county, Ensign, Cant, Dibell, and Hughes, JJ affirming a judgment of the municipal court of Duluth wherein he was found guilty of the violation of a city ordinance relative to storing explosives within one mile of and outside the limits of the city of Duluth. The facts were stipulated. Reversed.

SYLLABUS

City charter -- extra-territorial authority.

A city, adopting a charter for its own government under the constitutional and statutory authority, is not authorized to extend its power and jurisdiction to territory and residents outside the boundaries of the city.

Spencer & Marshall and J. P. Laffey, for appellant.

Walter F. Dacey, for respondent city.

OPINION

SIMPSON, J.

In February, 1900, the citizens of Duluth adopted a charter under the authority of section 36, art. 4, of the Constitution, permitting a city "to frame a charter for its own government as a city consistent with and subject to the laws of this state," and of the laws of the state passed pursuant to this constitutional provision. Chapter 351, p. 462, Laws 1899; sections 748-758, R.L. 1905. Under these statutes a city is authorized "to frame a city charter for its own government," and it is further provided: "Subject to the limitations in this chapter provided, it may provide for any scheme of municipal government not inconsistent with the Constitution, and may provide for the establishment and administration of all departments of a city government, and for the regulation of all local municipal functions, as fully as the legislature might have done before the adoption of section 33, art. 4, of the Constitution. * * * Nothing in this section shall authorize a change of boundaries."

The charter adopted by the city of Duluth grants to the common council the usual powers to pass ordinances to promote the general welfare and for the general government and good order of the city, for the protection of the public health, comfort, and safety. For such purpose specific power is granted: "Fortieth. To regulate or prohibit the storage, receipt, transportation, dealing in and use of gunpowder, dry pitch, rosin, coal oil, benzine, naphtha, gasolene, turpentine, gun cotton, nitroglycerin, and any products thereof, and other combustibles or explosive materials within the city, or within one (1) mile from the limits thereof." The common council passed an ordinance prohibiting the storing of specified explosives within the city or within one mile beyond the city limits without a permit, limiting the amount which might be stored under permit, regulating the manner of storage, and fixing a penalty of fine or imprisonment for a violation of the ordinance. The defendant was charged in the municipal court of the city of Duluth with violating this ordinance by keeping a prohibited amount of dynamite in a building within one mile beyond the city limits, and upon trial was adjudged guilty. An appeal being taken to the district court, the judgment was by order affirmed. From this order the defendant appealed to this court.

The first and only serious question raised by the appeal is as to the right of the citizens of Duluth, under the constitutional and legislative authority, to empower the city council to exercise municipal authority beyond the limits of the city. By the constitutional amendment a city is permitted to frame a charter "for its own government." This language contains no express authority to frame a charter for the government...