St. Paul daily globe., 1889-12-08
FOR THE WATCH DOG.
An Alternative Writ Of Man.
damus Served on Comp
trOller Roche,
And the Carpenter Park Dis
pute Will Be Aired in the
Courts.
The Copy of the Writ Is Un-
signed and Is Without
Any Date,
Leaving the Treasury'S Watch
Dog Somewhat in a
QuandaPy.

City Comptroller Roche retired last
night III an uncertain state of mind.
His doubt resulted from the visit of a
deputy sheriff to his residence about
6:SO yesterday evening The comptroller
was served with what purpoted to be a
writ of mandamuS. The document had
the appearance and form of
being what it was probably
intended TO be-a writ of man
damus-but it lacked two important
features. In the first place the sigma
ture of no district judge was attached.
and i'll the second place the date set for
| hearing of cause was blank. The re-
| suit is that MIR. Roche does not know
| whether his official acts are under the
| ban of judicial investigation or not.
| The title of the document, The State
| of Minnesota eX rel. Warren Carpenter,
VS.. John W. Roche, As City COmptroll-
err is sufficient to call up all of the old
memories of the Carpenter park
embrogliO. The relatOr makes com
plant through his attorneys, Paul
and Mervin, that Comptroller Roche
has wiIlfully, unlawfulN and without
legal excuse refused 10 sign the trouble
some assessment warrant; that ne Is
benefcially interested in the collection
of the aSSe SSmeut, and that he has no
plain, speedy or adequate remedy IN
the ordinary course of law. The maiil
point of the complaint is that
the comptroIler'S duties are purely min
iSteral. and that, like the mayor and
clerk of the board of public works. he
| has no alternative but to sign assess
ment rolls when sent or presented to
him in the regular order of business.
The law in the case and the records of
the Carpenter Park condemnation are
given at length. After these citations
follows the order:
Therefore we do command you immedi-
ately after tie service of this writ upon you,
that you do affix your signature to said war
rant issuing from said board of public
works to said city treasurer for the coilec-
ton of said assessment. and 10 deliver the
same TO him as by law required, and to do
ana perform each ana all such other acts
and things as are by law required by you to
be done in the premises or that you show
cause before this court at the court room
thereof. in the court house in said city of St.
Pa nj on the - day of December. 1899, at the
opening of court on that day, why you have
not done So
The order served upon Mr.. Roche was
but q copy of the original. and it is sup
inadvertently omitted by the clerk, but
the exact facts could not be ascertained
last night. The case will probably
come up for hearing in chambers next
Saturday. Learning of the service yes
terday evening, a GLOBE reporter called
upon Mr.. Roche at his residence on
Summit avenhe. Concerning this i'm
portant action to establish the nature of
the eomptrOlIer's duties, he said:
Il have not taken any legal advice UP to
the present time, not wanting TO incur any
| unnecessary expense. My actions in the
whole matter have been based upon nv con-
| struction of my official duties. If the SerV-
| ing of the papers is not practical joke, and
| il develops that some one has made Il
mistake in making the copy emitting the
| signature of the judge and the date set for
| hearing the case. | VIII have to meet the
enemy Ia Gen. Grant which means in full
force | most surely viii have the best of
counsel