Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-01-29

Report of Committee on Licenses to The
Common Council of the City of st. Paul,
Adopted at an Adjourned Meeting Held
on Jan. "a, 1880.
From Committee on Licenses
GENTLEMEN Your Committee to whom, at
the last meeting Of the Council, was
referred petition of William Welty, setting
forth that upon charge of resisting officer
he was, on January Sd, 1880, fined by the Mu-
nicipal Court $40 and costs. also asserting that
he is innocent and that he was fined under
misrepresentation of facts, and that the court
had Suspended punishment to enable him to
petition this Council to reinvestieate this charge
against him and remit his fine, have duly con-
sidered the petition.
Your Committee have not been able to lind
auy provision of the charter authorizing this
Council to review or affirm or annul the decis-
ions Of the Municipal Court. In 1879 not less
than 800 arrests were made for violations of
the ordinances Of the city, and doubtless many
of these persons were fined, in their opinion.
under Misrepresentation of the facts attending
their case, and doubtless many were not SO for
tuate as Mr. Welty, in being represented before
the court by learned and able counsel. 1t L.
to be hoped the Legislature will never be 80 I'M
wise or so unkind to this Council as.to give it
appellate jurisdiction over the Municipal
Court. This Council may pass ordinances, but
in the opinion of your Committee it is no part
of its duties to investigate charges, and inflict
or remit fines for their violation. This duty,
by the express terms of the charter, belongs
exclusively to the Municipal Court.
So lopg az this Council retains its present
high opinion of the integrity aud ability of
the learned Judge who presides over that court,
it may rest assured that the duties of his office
are performed without fear or favor and that
their exercise is attended with all the solemn
ties and protecting care of a judicial proceed
iuo &hnul0 This Gnn pcii Mt time for
tunately, be obliged to withdraw this conf
dence, it is to be presumed it will not hesitate
to take such prompt and fearless action as the
necessities of the case and just rer-
Torrance of its duties to the public, under
the charter, may require. Until review by
this body is made mandatory, proper courtesy
to the head of a coordinate and independent
branch of our city government should also de-
ter this Council from accepting any and every
invitation, even though it come from the judge
himself, to review the official decisions of the
municipal court.
1t may be that frank and open admission
by an alderman that he is little less than all
powerful, will be followed by loss of ancient
prestige and weaken his grip upon the enthusi-
asm of admiring constituents, but the loss may
fortunately be Compensated for in part in dis
abusing a portion of the public mind of the
idea, now quite prevalent, that this Council is
the repository of penacea for all private as
we'll as public ills.
Your committee respectfully recommend
change of policy and that this report be adopt
ed for present and future rule of action in
like case, and that the clerk inform Mr.. Welty
that while the members of this body as citizens
sympathize with the unfortunate this council
has no power to grant the prayer of hih petit
ton.
January Goth, 1880.
CHAs. N. BELL,
Chairman of Committee on Licenses.
Adopted.
Yeas-Ald. Dowlan, O'Connor, Grace, Bell,
Sanborn, Griggs, Smith, Brennan Minea, Mr..
President-10.
VIM. RHODES,
President Of Council.
THos. A. PRENpEReAsT City Clerk.