St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-06-05
LONG HOLDS OVER.
The Council Unanimously Declares e.
G. Long Still an Alderman,
After Hearing the Law Explained by
the Contestants Attorneys.

When the council was raped to order by
President Smith last night, c Jerk Prender-
CAST stood behind his desk with blushing
rose on the lapel of his coat. City Attor-
ney Murray occupied chair to the
left of the rostrum and outside
the railing, crowding the area and perched
Oh the window stills, were hundred inter-
ested citizens, who had come to sniff the
smoke of the Robbins-Long battle. w. P.
Warner, Aid. Longs counsel, sat near him,
and facing them sat Mr.. Robbins and his
attorney, Henry Horn. Mr.. Warner opened
the argument in the contest and spoke
briefly, but to the point. He claimed that
chapter S5, of the special laws of 1876,
provided for twelve aldermanic districts
within the limits of. the city of ST. Paul,
and that there should be an annual election,
for the elective officers provided for in that
act, to be held on the first Tuesday of May,
1877, and annually thereafter in each of these
aldermanic districts and that at the annual
election held on Ethe first Tuesday of May,
1877, there should be elected one alderman
in each of these districts and that the per-
son so elected for aldermanic districts num-
bered by odd numbers, should hold their
offices for one year from the time of such
election and that the persons elected alder
men for even numbered districts should
Hold office
FOR TWO YEARS;
and that annually thereafter there should
be elected six aldermen and from each of
the districts to succeed the aldermen whose
terms of Office would then expire, who
should hold their offices for two years and
until their successors were elected and
qualified. In 1885, according to an act
of the legislature, the limits of
the city were extended and the
Seventh ward created, which ward was to
have one alderman appointed by the COM
mon council, he to hold the Office until the
next annual election, and that the successor
of the alderman so appointed should be
elected at the next annual election in the
year 1885. E. G. Long was elected alder
man in the Seventh ward On the first Tues
day in May, 1885, and on the first Tuesday
of the June following he duly qualified for
the Office. According to section of Is chap
ter 2 of the compilation of the charter of ST.
Paul, made in 'S4, the term of any officer of
the city shall continue for the term OF two
years, and until his successor is elected and
qualified. He claimed that the
provisions of the special laws
of 1876 that provided for the election of
officers, to hold their offices for the term of
one year, had reference only to the election
to be held on the first Tuesday of May,
1877.
With this explanation substantiated by
the statutes, which ne read, Mr.. Warner
submitted the case.
Mr.. Horn, in reply, said that Mr..
Warner had called the attention of the
council to all the statutory provisions Lee
essary. The only question to be decided
t,afl III
1885 was intended to have been the same as
the act of 1876. He thought it was. The
great trouble with the act of 1856 is that
it does not express the term of office of the
new alderman. He then raised the point
that tine term Officers referred to the
EXECUTIVE OFFICERS,
and not aldermen. Mr.. Warner replied
that Mr.. Horn had not brought forth stat
and that the law must be taken as it reads
and not as we suppose the lawmakers to
have intended it to mean. He furthermore
stated that the action of the council in this
matter did not necessarily settle the ques-
ton, but that either party had the privi-
lege of appealing to the courts
for a decision. Mr.. Robbins
thought that the man who was elected to a
position by the people was entitled to the
first consideration, and with this the ques-
ton whether Mr.. Long continued in office
for another year was submitted. A vote
was taken, and resulted in fourteen yeas,
which was unanimous decision that Mr..
Long was entitled to the seat.
In explaining his vote, Alderman Kerr
stated that it was simply question of law
as laid down in the statutes, and after care
full consideration he had come to
the conclusion that the act
of '76 referred to the election
of 1877, and that it was not intended to ap-
ply to the future.
Mr.. Robbins was asked if he would ap-
peal to the courts for decision in the case,
and he replied that he should not as the law
seemed to be plain on the point, and while
he thought he was entitled to the seat, hav-
ing been elected by the people, he should
make no further fight over the matter.
OTHER BUSINESS.
An ordinance granting w. F. Davidson
permission to move two frame buildings
from Fifth street to Roberts & Randall's
addition, vetoed by the mayor, was passed
by vote of Is to 1.
The appointment of Frank Schliek on the
board of public works was confirmed.
A communication was received from ri.
W. Gruber asking damages for the killing
of his horse, demolishing of sleigh and in
jury of his daughter last winter by a hose
cart while passing through the Fourth
street tunnel. The matter was laid on the
table.
A petition, that the salary of the clerk in
the health office be raised from $40 to 500.
was read and referred to the board of
health.