Baker v. Jackson

I agree fully with the majority opinion’s holding that the petition in question was in proper form and that the action of the Murdo city council creating a second police officer’s position was subject to referendum. I cannot agree, however, that the decision of the Murdo city council to hire Duane Lewis as a second police officer was not subject to referendum.

The majority opinion holds that the exercise of a power legislatively vested in the governing authorities of a municipality is not subject to referendum election, in contrast to the exercise of a power legislatively vested in the…