Citation Numbers: 33 Minn. 461
Judges: Gilfillan
Filed Date: 6/15/1885
Status: Precedential
Modified Date: 9/9/2022
In the act consolidating the cities of St. Anthony and Minneapolis is this provision, (Sp. Laws 1872, c. 10, sube. 8, § 8:) “All ordinances and resolutions heretofore made and established by the city council of the city of St. Anthony, or by the common council of the city of Minneapolis, not inconsistent with the provisions of this act, shall be and remain in force until altered, modified, or repealed by the city council of said city, after this act shall have taken effect.” The plaintiff contends that this had the effect of extending the operation of the ordinances then in force of each of the former cities over the entire territory of the new city; that is, that the ordinances of the former city of St. Anthony became of force within the territory of the former city of Minneapolis, and the ordinances of the latter became of force within the territory of the former. The language of the act hardly indicates this. The words “shall remain in force” rather suggest that the operative force and effect of the ordinances of the former cities should remain the same and unchanged, until a change should be made by the new city council, — that is, that the ordinances of St. Anthony should remain in force precisely as before, their operation before that being confined to the territory constituting the former city of St. Anthony, — and that the ordinances of the former city of Minneapolis should continue in force in the territory which had been within that former city. Had it been the intention to extend the operation of the ordinances of each of the former cities over and make them apply to the new city, apt words to express the
Order affirmed.