St. Paul daily globe., 1886-11-19
SAINT PAUL MATTERS.
Attorneys Arguing Over the Powers of
the Council and Beard Of
Pnblic Works.
Society Would Not be Kept at Home by
the Snow, and Social Events"
We're Numerous.
Trouble on Some Roads by the Snow
drifts Yesterday - Lights
o. London.3
Numerous Bits of Local News for
Which Reporters Tramped
in the snow.

a score of interested spectators attended
a special meeting of the board OF public
works last evening. the occasion being the
investigation of charges made against james
j. Dunnigan, and under which he, as a
licensed plumber, was suspended from
doing business by the building inspector.
Gen Becker acted GAS chairman pro TEN,
and City Attorney Murray, although taking
no active part in them, listened TO the pro-
ceedings with considerable interest. c. ID.
O'Brien dropped into the room just before
the meeting was called to order, and on
being asked whom he represented, replied.
with a forced laugh. that since Nov. I'd
he had decided not to represent any One
but attend strictly to business.
Gen. Becker read the petitions OF
Gustave Heinemann and Robert Seeger,
published recently in the GLOBE, and also
the order from the building Inspector, sus-
pending Dunnigan's license until the
charges could be investigated by the board.
At the conclusion of the reading of the
documents the chairman of the board said
it would be in order to hear from Mr.. Dun
nigan as to the charges.
c. Z. Otis said that he and G. D. O'Drien
appeared for Dunnigan and desired to in
terpOse an objection as to the jurisdiction
Of the board IN hearing any testimony in
the case. In the first place it would Oc-
cUpy too much Of the valuable time
of the board to hear the evidence, and in
the second place he was prepared to show
by competent authority that the board had
no right to make the investigation. The
peculiar character of the charges and speci-
1ications, he said. were the same as in a
suit for damages against Dunnigan. and
there was no doubt but that the petitioner
(Henemann) hoped to secure verdict
from the board and then get damages in a
civil suit measured up in dollars and cents.
He argued that as far as the ordinance re-
lating TO the licensing of plumbers was con-
cerned the legislature had granted no such
right to the board Of public
works. council or building inspector.
II any such right did exist it was vested in
the council and not in the board of public
works. The only provision 10 be found in
the charter in this connection were sections
providing that the council should control
and regulate the construction and
IMPROVEMENTS OF BUILDINGS
and appoint an inspector. a decision of
The supreme court was read to show that
there must be authority from the legislature
before the council could pass ordinances.
Another decision from the same court was
quoted showing that any ordinance which
was restraint on trade was void. As the
ordinance in question prevented those who
were not licensed from carrying on
a business it was, according to the
holding of the supreme court, void.
The legislature, the attorney said. had not
given the power to license plumbers to any
one and even if it had and the board should
so decide it must also decide that such
power was delegated to the council and not
to the board of public works. Decisions Of
the supreme court and authorities were
read to show that the power delegated to
the council by the legislature could not be
re-delegated to any other body. The Sec
ton Of the charter authorizing the forma-
ton of the board of public works was read
TO show that the board was simply an ex-
ecutiye and not judicial body, and conse-
Quently in this case could not act.
In conclusion, Mr. Otis asked that the
board take no action in the premises for
the reason that it had 10 jurisdiction or
power to take action. That the courts was
the proper tribunal before which the matter
should be brought, and that the legislature
had not granted the council nor the board
the right to grant or revoke licenses, and if
it had, the council was the only power to
take action in the matter.
FOR THE PETITIONERS.
Harris Richardson, attorney for the
petitioners, in reply said it was not for
the board to question the acts of the
council. The ordinance passed by the
council in regard to granting licenses to
plumbers was very plain. The board had
10 right to inquire as to what power the
council had to pass ordinances of this kind.
The argument made by the learned counsel
was on points with which the board had
nothing to do. The board had granted
plumbers licenses and had followed out the
provisions Of the ordinance as to the other
matters. In view Of this it was impossible
for the board to say now that the council
had no right to enact the ordinance, and
further, had no right to order the
board to grant licenses. The council was
directed by section So. chapter of the
charter to regulate the health and sanitary
condition Of the city, and there was no
doubt but that sewer gas in dwellings
caused by poor plumbing was, to say the
least, detrimented to the public health. The
laws required that physicians should be
competent and responsible men, and the
council had the right to demand that
plumbers should be competent and respon-
sible.
c. D. O'Brien. On behalf of Dunnigan. |
said the complaint charged Dunnigan with |
being respOns bic for the death of petition |
srS TWO children. 1t would be better for |
Dunnigan to come forward and explain the |
circumstance but when he and his col !
eague had examined into the matter they |
found the scope of the inquiry such as to |
aiSe the question whether the board had |
proper jurisdiction in the matter. The |
charter created the board, and |
not the council, and the board |
aad nothing to do but act in |
such matters as provided by the |
charter. If the board had the Jurisdiction |
ne would be glad to bring liz the witnesses |
on behalf of Mr.. Dunnigan, but there could |
De no doubt that the board had no jurisdic- |
lion. Messrs. Warner and Richardson |
asked leave to put in authorities on Their |
points. and the board decided to announce !
their decision as to whether they would con-
Einue the investigation on Monday at their |
regular meeting.
SOCIAL GAYETIES.