St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-12-17
GHOST WON'T WALK
For the City Employees Until
Council Meetsin jan
uary.
ComptrollerRoehe 'sConstruc-
ton Of Judge Otis 0pin-
ion of Yesterday.
Health Inspector Hendricks
son Fails in His nit !
Against the Mayor. i
A New Stamping and Cancel
ing Device for the st. Paul
PoStoffiee.

There were many long and anxious
faces about the city hall yesterday
afternoon. From the heads of depart
meHtS down to the janitors, city en-
plOyeS were disturbed over the pros
pect of worrying along through the
holidays without their December sala-
ries. Their trouble is due to decision
rendered by District Judge Otis yester-
day morning in diSpOSing of the man
damuS proceedings instituted by a. 7.
HendrickSon to compel the mayor to
sign an order for the REALTORS
salary as live stock inspector. 1t
will be remembered that Mr.. Hendrick-
son in May, 1889, was appointed live
stock inspector by the health commits
sioner, under the act of 1887 governing
the health department, at a salary of
SO per month. About the same time he
was elected by the board of health as
inspector of cattle. sheep and swine
under the state law passed last winter
relating TO inspection on the hOOf.
Mayor Smith signed the order for his
first months salary under the act of
1857, but when the order for the June
the acting mayer (Ioerg) he re-
fused to sign it upon a written
opinion of Corporation Attorney Hol-
man. who advised Mr.. HendricksOn was
not entitled to compensation under both
appointments. Mayor Smith, on his re-
turn, upheld the acting mayor, and the
mandamuS proceedings were begun,
Attorneys Murray and Woodruff, who.
appeared for the relator, in order to:
show that the payment of the salary had
been authorized by the common council,
offered in evidence resolution passed
by the council in 1917, iRStructing the
city clerk to draw orders on the city
treasurer for the payment of salaries of
city officers and employees on the first
of each month. Assistant Corporation
Attorney Phillips, appearing for the.
mayOr, surprised everybody interested
by raising question as to the validity
of this resolution, alleging that it was
in violation of the charter. Judge Otis
sustained the objection, holding that
payment of the claim had never bet n
authorized by the city council, and dis
missed the proceedings. 1t was not
supposed that the corporation attorney
would urge this objection. and his
action in reSOrting to the technicality Of
the law,iS regarded by Mr., HendrickSon
and his attorneys as an admission of the
validity of their claim. The real ques-
ton at issue, however. was not decided.
The claim will now be brought before
the common council.
Comptroller Roche was present at the
hearing. In the face of the courts rul-
ing upon the councils resolution of
1877, he stated last night that he could
not sign further pay rolls received from
40 ri ola hot no
orders will necessarily have to go over
until the first council meeting in Janu-
arr. The result will be that the city
hall ghost will no longer walk on the
first of the month. and that the en-
plOyes will be compelled to wait until
about the Goth. Judge OTIS ruling
practically declares that all city salaries
have been Illegally paid for the past
twelve years.