St. Paul daily globe., 1889-05-03
PAID UNDER PROTEST.
Comptroller Roche Liqnidates His
Fine and Will Appeal From
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Judge Villas Decision.
"Honest John' Roche is smiling
as blandly as ever now, and was the
most affable official about the city hall
just after he had paid his fine, yester-
day. He paced the floor of his Office
and talked and chatted good-naturedly
about the matter. Eyes. l paid the
wad," said he-''three tives and a ten.
Here is my receipt which l took from
Clerk OCOnnor, to show how and why
paid the fine. and will introduce it
with other evidence in the supreme
court. paid the money at 1922 am,
although l had until II O'Clock.
/ understand Mr. McCardy's attorney
rushed into the clerks Office at five mill
utes before II o'clock and was prepared,
as they say, to see that I was hustled
Off to jail in case ] had not paid the fine.
1t is not the matter of the fine. but
will carry the question to the upper
court, if for nothing more than to de-.
termine whether city officials must
humbly submit to the unreasonable de-
mands of such men as Mr.. McCardy.
My books are open for inspection
and any taxpayer can come in
and we will cheerfully wait
upon him. MIR. McCardy does not
come in here to see any books, for we
have often volunteered and offered to
find what he wants if he would but
make known his alleged wants. To
such proffers Un my part he has gener-
ally, and l might say invariably, re-
piled very grutfiy, and demanded books
that were in use, and even went so far
as to request and even insist that |
come down to the Office at night and
lvy hoa
at me for an old feud--you'll
remember 1885 and Mr.. McCardy's
notoriety in connection with his posi-
ton as secretary of the board of educa-
tion. Better bury all that. though. I'll
appeal within the time allowed, and we
shall then learns other and more inter-
esting things" Mr.. Roche then showed
his receipt, which reads:
In order to avoid arrest and imprisOn-
ment under the Or .er of this court filed
April 20, 1889, hereby pay under pro-
test the fine imposed by said order. not
waving any rights of my intended ap-
peal to the supreme court of this state
from said order.
LEGAL BREVITIES.
Calendars for the May term of the
district court, will be ready for distri-
button this morning.
luG Ots Idul NdttOIldl Ddnk sues ttlc
ROsenberger Manufacturing company,
and others, to recover $1,000 on a
pr0missory note.
Judge Kerr held court yesterday aft
ernoon, and heard several technical
motions.
In the case of Charles j. Berryhill
against Clara l.. Potter and others, an
action to quiet title to lots and 4, and
north Is of lots IL and II. block 5, St.
Paul proper, the court decides in favor
of Potter.
Clara Lampard sued in replevin for
the possession and recovery from Frank
Lampard, her husband, her personal
effects and wedding presents, etc. The
sheriff was in possession two days.
Yesterday morning Lampard gave a
bond and recovered possession until the
case is settled at the June term.
In the case of William Il. Marshall
against Horace E. Thompson and others,
an action upon real estate accounting,
the court filed its decision yesterday.
1t finds that the lands embraced in a
certain deed by Marshall to William
Fry, made in 1876, were taken by
Thompson and others as security for
So, 200. The land belongs in equity to
Marshall, and that these lands to be
conveyed to him by Thompson are par
GELS of land in Ramsey county, in sec
ton %, town 29, range % west, and
amounting to about twenty-n,.e acres.