The St. Cloud journal. [volume] (St. Cloud, Minn.) 1866-1876, 1875-04-29
t. > W. 80 =
CITY COUNCIL,
81. CLOUD, April 26th, 1876.

49, S~s~SAj ~AkSAA AVt0S 1000
REGULAR MBIT1NG.-na6sns: Aid. ].
G. Smith, Owen, Powell, Bridgman, Scott,
Scherer, Dorr, Wright and Wilson.
A communication from J. Z. West, ask
ing permit for N. Mickey to close out
hisstook Of goods At auction, was presented
and read, and on motion Of Aid. Powell re-
ferred 10 the City Attorney for hi. opinion
relative to thepower of the Council to grant
said permit.
Mayor Boyd presented petition signed
by NJ. Gaspard and twenty -nine others
representing that Prince avenue is in a
very bad condition and asking for the re-.
pairing Of the same without delay. Refer
red to Committee on Streets and Alleys.
His Honor also presented the following
communication
Members Of the Common Council:
GENrLEMEN-I beg leave to call your
attention to the fact, that in the notice for
the election Of City Officers for the epsu-
ing year, the notice for an election Of .
City Justice is omitted. A. "a vacancy in
that Office will occur on the day of our
charter election, and ~ there appears to be
some difference Of opinion regarding the
matter, the City Attorney has left with me
= written opinion, which is herewith sub
mitted for your guidance.
Very respectfully yours,
J. r. BOYD.
"Hon. J. r. Boyd, Mayor.
"S1R: You call my attention to Section
4 Chapter of the City Charter and ask if
it would be proper for the voters of this
city to vote for or elect a City Justice
at the approaching municipal election.
1T is unnecessary for me to detail the
facts rs they exist concerning the resigna-
ton and appointment which causes the in
quiry, but on examination of the method of
filling vacancies and decisions in similar
cases, leads me to the very decided opinion
that the voters Of this city can elect said JUS
tice at said election, and that the person 80
elected can legally qualify and enter upon
the discharge of his duties. l might 60
further, and say that there is some question
IS to the right of the Council to fill = VA
cancy in this Office at any time.
II am, Sir,
IL. VI. COLLINS"
After some discussion, participated in by
His Honor and Members Of the Council, on
motion Of AID. Wright the Clerk was d.
rected to insert in the election notice pub
lished in the official paper, lone City JUS
tice to fill the vacancy caused by the rssig-
nation Of G. s. Nation, Esq"
The official bond Of ]. E. Wing, Esq, As
one of the City Justices, having been pre-
sented for approval, AID. Wright moved
that in order to prevent any further com.
plication in the case, he be requested to
withdraw the same. Adopted:
The monthly reports for March of City
Justice Barnes and Chief Of Police Robert
son were reported by the Committee to
be correct. Report accepted.
The Committee on Ways and Means re-
ported that they had examined and conf
pared the annual reports of the City Treas
urer, City Clerk and City Justice Barnes
and found them to be correct. Report &C
cepted.
The following bills reported favorably
upon by the Committee on Claims, were
ordered to be paid:
J. J. Dorr, wood for Council oom.....$8.25
Rhodes & Spencer, alcohol and castor
oil for ire ngine.................. 40
George Geissel, saving wood for en-
CINE house. ."........................7 .25
The bill Of c. Bridgman, 81, for opening
street, reported back without any recon-
mendation, was, on motion Of AID. Owen,
directed to be paid.
On motion of AID. Owen the Committee
on Streets and Alleys was authorized to
employ the City Surveyor to make an e.
innate of the cost Of the construction of a
sewer as prayed for in the petition of J. E.
West, and report at the next meeting Of
the Council. An amendment, offered by
AID. Wright, that the estimate include the
cost Of a brick, plank or pipe sewer, was
adopted.
The City Clerk submitted the pay roll