St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-07-19
Horace Bigelow Lands His
Opinion on the Court House
Squabble.
The Mayor Smith Faction
Finds It Is Completely
Knocked Out.
It Takes It's. Medicine Kindly
and Comes to the Front
Smiling.
Pat Egan Stands by and
Weeps for That Little APP :
pointment.

The court house commission squabble
is practically settled. Aldermen Con-
ley and Pratt will not be members of
the commission, and it is as good as
settled that Pat Egan will not be Gus
todian during the present year. Horace
r. Bigelow. referee in the novel and
interesting double hurricane set-to be-
tween Aldermen Sanborn and Lett
hauser on the one hand. and Mayor
Smith and Aid. Yoerg on the other, has
rendered his decision. Mr.. Bigelow
doesn't believe in draws. and the result
of his decision is complete Knockout
for the Sanborn' faction. Mr.. Egan,
having watched the fray from
distance, undoubtedly feels sore
over the result; but like Charlie Mitch
ell and Mike Donovan, who encouraged
Jake Kilrain in the late unpleasantneSs
knowing that his men made a mighty
good game for their adversaries. The
facts leading to the trouble are well
known to every one.
THE REASON WHY.
Last February Aid. Bickel, president
of the city council, appointed Aid. Gull
len, LeithauSer and SanbOrn as mem
bers of the Joint court house and city
hall commission. These members, with
those from the county board. appointed
a custodian and force of assistants not
at all satisfactory to Mayor Smith and
the Democratic wing of the city council.
On the reorganization of the council
in June and the election of Aid.
Hamm as president. he considered it his
privilege to appoint. with other council
committees, new members to the court
house commission. Aid. Conley, Gull
len and Pratt were named. The gen.
eral supposition was that the new COM
mittee would take possession at once,
and. with the aid of the Democratic
members from the county board, would
bounce Custodian Berthiaume and put
in men who are '.wid u.s." This, was
not so easily done, however, for the old
committee claimed that they had been
appointed for a year and refused to sur
render their seats. President Hamm's
appointees held that certain amend
ments 70 the law had been
made during the last. session of
the legislature which necessitated
the reappointment of the council MEM
bers of the commission. So the matter
stood, and at several meetings of the
board there were six commissioners on
the city side of the table to occupy three
seats. -
TWAS HOT.
The result was decidedly hot meet.
ings. When the fight begun Mayor
Smith was out of the city and Acting
Mayor Yoerg acted as bottle holder for:
President Hamm's appointeeS, ulti-
mately getting head and ears into the
scrap himself. Then Mayor Smith came
home and joined him in whirl at the
old committee, but all to no pur-
pose. . Aid. SanbOrn and Lett
hauser stood them off so sue
cessfully that it was finally. agreed to
arbitrate the trouble, after referring the:
matter to County Attorney Egan and
City Attorney Holman, and getting
then that Horace r.. Bigelow was
chosen arbitrator.
THE REFEREE.
Mr.. BigeloW returned his opinion yes
terday, and upheld the committee APP
pointed by Aid. Bickel. The pith of
his decision is contained in the follow
ing extract from his report to Mayor
Smith and the city council:
There can be no doubt, l think, and no
question is made, SO far as am advised, that
the appointment made in February and the
SuDSeQ ueQt organization OF Inc joint commit
tee in March following were valid in all re-
spects under the statute as it then stood. The
only question, therefore, is as to the effect
and operation of the amendment upon the
status Of those appointees. The words,
when completed i'll the amendment have
reference not to the time when the members
of the committee may be appointed or the
committee constituted, but only to the time
when the latter shall have charge of the build
ing. and of such words. as well as Of those oc-
curing later in the amendment indicative OF
the powers of the committee it is sufficient
to say that they express no more than was
clearly implied in the original section; and
of the other slight changes .iu phraseology.
that they do not change the sense. and
are therefore of no importance My con-
clusion is that the appointees Of February 5
are Still members of the joint committee, and
that they hold their POSITIONS thereon by the
same tenure and are entitled to hold them
/ for the same term, as if the amendment had
never been passed. --.->t ...- ~ a.. -.
Mayor Smith and Aid. Yoerg were
seen after the decision was rendered,
and neither was at all backward about
stating that President Hamm's COM
mittee would abide by the decision. To
AID. Cullen it matters little, as be is on
both committees. and Aid. Pratt has
not at any time been very anxious
about the disputed seat. There will
probably be no trouble at the adjourned
meeting OF the commission next Mon
day. Z: