Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-01-25

Treasurer Not the Sole Being RESPONSE
BILE for the Revolution of the Earth on
Its Axis-A Peremptory Writ VIII ch the
County Treasury is Obliged to Honor.
a week ago yesterday an exhaustive hear
ing took place before Judge Simons in the
district court chamber on petition for an
alternative writ of mandamus calling upon
County Treasurer Rice 10 show cause why
he should not honor the auditors warrant
for 500, 162 in favor of Fl. E. Horton & Co.,
the same being approved by the commission
and drawn upon the Fort Smelling bridge
fund. A formal answer was returned by tho
respondent, after which the hearing pro-
ceeded on the application for peremptory
mandamus compelling the county treasurer
to pay the face of the warrant.
The proceedings before Judge Simons
were fully reported in the GLOBE, and as the
public have been fully advised OF the status
of the imbroglio from its inception to the
latest stage of the proceedings, further de-
tails are at present uncalled for. The case
was submitted and taken under advisement,
since when the parties interested have been
on the ragged edge of suspense, pending tho
anticipated decision. The uncertainty, if
such it may be called-the fact being that a
favorable decision for the auditor and the
bridge commissioners was regarded as a
foreg gone conclusion-waS terminated on
yesterday when Judge Simons rendered a
comnlandatory decision, ordering Mr.. Rice
to pay over the money. AS the matter has
absorbed public attention for the past two
weeks, and as the matters at issue are unique
in their importance the fact that sew
eral points of law are taken which have not
hitherto come to the front in this State, the
decision is herewith presented in full:
State of Minnesota Court-Second
Judicial District-Cuunty of Ram
sey.
The State of Minnesota, on the relation of
Horace E. Horton, against Henry III. Rice,
County Treasurer of Ramsey county.
The relator is member of the firm of 81.
E. Horton and Company, composed of H..
E. Horton, George Sherwood and G. N.
Parker.
The respondent is treasurer of said county
of Ramsey.
1t appears from the petition of the relator
that said copartnership has the contract for
the superstructure of the Fort Smelling
bridge, now being erected by the Fort Shell
ing Bridge commissioners under the several
acts of the said State of Minnesota, creating
such Bridge commissioners and authorizing
the erection of said bridge. That said contract
is in full force and is Oh file in the Office of
the Auditor of said Ramsey county.
That said copartnership has proceeded IN
der said contract, and strictly in accordance
with the terms thereof, and has furnished to
said commissioners hereunder all the iron
work necessary for said superstructure, and
has put the same in place upon said bridge
as required by said contract.
That on the 9Th day of January, 1880,
the engineer in charge of said bridge duly
issued to said copartnership under the
provisions of said contract his estimate for
the sum of $22, 1920, being the amount
then due and payable from said bridge
commissioners to said oopartnership for
said materials 80 furnished under said con-
tract; that thereafter said estimate and claim
was duly audited and allowed and ordered
to be paid by a majority of said bridge
commissioners at e regular meeting of
said commissioners and that thereupon said
estimate and claim was duly examined by
the auditor of said county, and having
been found by him to be in all things cor
rect, he, the said auditor, on the Sth day
of January, 1880, duly issued under his
hand and official seal and delivered to the
said Fl. E. Horton & Co. his warrant di-
rected to the said county treasurer, re-
curing him, as such treasurer, to pay to
said company or order said sum of $22,-
1920 out of the Fort Smelling bridge
fund, which said warrant was duly coun-
resigned by the chairman of said bridge
commissioners, and is in the words and
figures following, to-wit:
$50, 1880. AUDITORS OFFICE,
RAMSEY Co.,
ST. PAUL. January 9Th, 1880. }
4 Treasurer of Ramsey County:
s Pay to Horace E. Horton & Co., con-
q tractors, or order, twenty-five thousand
e lone hundred and sixty-two $1,000 dollars
3 out of the Fort Smelling bridge fund, the
same being on account of first estimate
g allowed said contractors on superstruc-
8 |ture by bridge commissioners.
t SEAL: S. L. DAVIS,
2 :....: County Auditor.
81 VIZ. DAWSON,
Chairman.
: No. rs.
That for more than sixty days past the
said respondent, as treasurer aforesaid, has
had and now has in his hands more than
$4,000 of said Fort Smelling bridge funds
and which had not been drawn upon or