St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-11-05
The Carpenter Park Warrant
Goes Back Without a
Signature.
And City Attorney Holman
Will Be Forced Into the
Courts. 9rtss
With Certain Restrictions the
Telephone Company Will
Get There.
New Points Raised In a De-
murrer in the Real Es- s.
tate Cases.

City Comptroller Roche paid his re-
spects to the board of public works and
the board of park commissioners again
yesterday afternoon. A second time he
refuses to sign the official warrant for
the Carpenter park assessment. When
the first warrant was presented to him
he refused to append his signature,
claiming that the assessment was irreg-
ular in that the board allowed a rebate
on certain property amounting to
S5.0S2.50 as subscription paid to the
city by those property owners. when,
in fact. no such subscription had ever
been paid. The board then recOnsld-
cred the matter, struck out the alleged
subscription and republiShed notice OF
assessment, in which the amount of the
rebate is treated as the appraised
value of the land donated" by the ia
vored property owners. In operation
the documents are similar, as the board
simply calls the rebate by another
name. The amended assessment roll
was returned to the comptroller last
Saturday. After giving it careful con-
/ SideratiOn he returns the warrant with
the following communication, which is
Self-explanatOry:
Gentlemen: l herewith return, without
my signature--for the second time-the as
sessment warrant issued by your honorable
boardp for the Carpenter park, ESQ called.
Your board, in Issuing the first assessment
warrant, was under a wrong impression that
subscription of So ,O325o had been PAID TO
the city on account of the said park. When
l returned the warrant TO your board, stating
that no subscription had been received, your
board Immediately recognized the mistake
/ by annulling the confirmation OF the assess
hrrf in
so doing the only change which appears to
have been made is In the treating of the
amount as all ''offset allowed. being ap-
praised value of land .donated''-which
makes another mistake, OF equal consldera-
ton with the first.
" There are no records In any of the city or
county Offices, or in any of the proceedings
OF the common council or otherwise. to snow
that a donation" of land or anything else
was given to the city for the Carpenter park
(sC-called), except triangular piece of land
at the juucIion of Summit avenue and RAM
sey street, for park purposes, and for which
the city paid Hon. Stanford Newell six thou
sand tS6.OOU) dollars on Sept. /, 1SS6-pur-
chased under the legislative act of Feb. 90.
1888 and resolution of the common council
Aug. %. 1SS6-ln The same manner as Sum-
NIT, Merriam (now Latayette) and Central
parks.
1 signed, on the I'd inst, the assessment
warrant for the Lincoln park, located on
DaytOn's bluff, and delivered it to the City
treasurer for collection. asst bears the evil
denee of regularity in every particular and |
can see no just reason why the assessment
for the. Carpenter park (so-called) should be
otherwise. most respectfully decline sign
ing ire gular assessment warrants. Yours
very SINCERELY, JOHN W. ROCHE,
p, City Comptroller,
The. action of the comptroller will pos
sibly result in rupture between GER
tain departments of the city govern
ment. When the communication from
Comptroller Roche was read before the
board yesterday afternoon, it was
promptly disposed of by reference to the
corporation attorney and the board of
park commissioners. The cOmptr0ller's
report had evidently been expected and
its disposition previously agreed upon.
Corporation Attorney Holman was seen
by GLOBE repofter.and intimated that
i'm all probability mandamus proceed
ings would be resorted to. calling upon
Comptroller Roche to show cause before
the courts why he should not sign the
warrant. Mr.. Holman stated that he
considered the assessment perfectly
legal. and that the recent action of the
board of public works was upon his
advice,