St. Paul daily globe., 1891-02-12
Very Small Are the Judg-
ments Against the City in
a Year.
Important Recommendation
as to the Term of City
Attorney.
interesting Views on the
Timely Topic of Charter
Revision.

| for the wear ending Dec. 81 1889. included
only six months of my administration of the
| department. This report covers full year s
| work The results accomplished during the
| last year are most gratifying. The city has
I been almost uniformly successful in its liti-
| CATION, and | know I will be pardoned for
| pointing with pride to the record made.
| Suits brought against the city for the recov-
| cry of money judgments have materially
| decreased in number. During the year 1890
| tWenty-siX suits of this character were
| finally disposed of. The plaintiffs claimed
l-they were entitled to recover the aggregate
! sum of $173. 724. After trials vigorously con-
| tested by some Of the ablest members of our
bar, they succeeded in obtaining judgments
against the city for the trifing SUM of
81, ,405. So. 1t is not claimed that this success
| has been attained through any unusual
| means or powers, but rather by strict and
| persistent attention to the duties of the Office
| and a careful preparation of the law and
| evidence of each case; this our citizens have
| right to expect OF the law department;
| without it, failure must ensUe.
| 1t has been my aim to conduct the depart
| ment on business principles. and no efforts
| have been spared in the defense of the inter
ests of the city. | have personally prepared
| and tried all the important civil actions in
the district, supreme and federal courts; at
| tended the meetings of the common council
| and its committees; investigated and report
| ed on a large number of claims for damages;
! given innumerable opinions to the council
| and the various departments and officers CT
| the city government. some of which required
| laborious investigations of law and facts
| and have kept genera. supervision of the
| whole work incident to the office. My first
| assistant has attended to the drawing
| of contracts, the examination of abstracts
| of title to lands condemned, or purchased
| for municipal purposes, and TO the trial of
| most of the appeal ana assessment cases ::
| the second assistant has taken charge of all
| criminal cases in the municipal court. Fa.
| mfllarity with the practical operation of our
| system OF municipal government, with our
| complicated charter, and the numerous de-
| cisions of The courts relating to it, and with
| the history of every case remaining untried,
| has prepared the law department of this city,
| as now constituted, for prompt and efficient
| work. Most of the litigation now on hand is
| of the most important character, and much
| time has already been spent by me i'll a per-
| sonal investigation of the evidence and lay
| involved in the eighty-two cases still pending
| and untried. Many months OF lncessant APP
plication have been devoted to this work. !
look for no increase in the number of my
assistants, unless it be an additional clerk,
for whose compensation provision has all
ready been made. The expenses of the de-
partment have be en- reduced to the lowest
amount consistent with the magnitude and
responsibility OF the work and the public in
terests During the past year no outside
counsel has been employed to assist the de-
paFtment, not Il dollar OF expense has been
incurred in that behalf. and, under the pro.
visions of our charter, as recently construed
by Judge Brill, no. contract made for the payt
ment of outside counsel can be enforced
against the city; the corporation attorney
and his assistants are required to perform all
the legal services incident to the office. (
An Important Point.
Section 81 of chapter of the Special Laws
OF 1885, and section of chapter 48 of the Spe-
cial Laws of 1887, provide that the corpora
ton attorney shall be elected on the second
Tuesday of March, 1885, ''and on the second
(2d) Tuesday of March every two (2l years
thereafter and that "he shall hold Office for
the term of two years thereafter" 1t will be
observed that theEse commencement of one
term is coincident with the expiration of the
prior term and that the charter permits of
no interval between the two terms.
hesitation, and realize that the pur-
pose of my suggestion may be misconstrued
i'll certain quarters, yet deem 1t my clear
duty to call your attention TO the matter at
this time. so that the necessary legislation
may be obtained to establish some interval
between the expiration of one term and the
beginning of another. This is a rule almost
universally observed; and it seems TO me par
ticulariy important that it should be applied
to the election of your attorney. Neither my
predecessor nor myself experienced any diff
fculty in this regard, for he was in continu-
Gus service some sixteen years, and had the
good fortune of having had abundant time to
prepare myself for the discharge of the duties
of the office Ny election took place on
March 12, 1889, but / was not seated until
the 1st of July following, when all
the courts had adjourned. A little reflection
must convince every one that so abrupt
change in the head of this department when
most of the pending actions are in his per
sonal charge, and all the courts arc in session
with many city cases prepared and set for
trial, cannot fail to prove seriously detri-
mental to the interests of the city, for no at
torney elected to the position [ now hold,
however competent he may be. can do JUS
tice either to his client or himself, unless he
has had ample time to acquaint himself with
the details of the litigation on hand, and to
master our complex charter and the extern
sive body OF law applicable to municipal cor
pOrations.
Charter Revision.
1t seems proper that l should take advan-
tage OF this opportunity to express nay views
regarding the desirabiiity of complete re-
vision of our city charter. This matter has
necessarily received careful consideration on
| my part, and believe fully appreciate both
the Importance and difficulty of such all un-
dertaking.
On March 5, 1874, our legislature passed an
+ act entitled An act to reduce the law incor-
porating the city of st. Paul, in the county
of Ramsey and state of Minnesota and the
several acts amendatOry thereof, and GER
tain other acts relating to said city
into one act, and to amend the
sanie." The act covers some ninety
pages of the Special Laws of that year, and
constitutes the main portion of our present
| charter. Since that time innumerabie amend
ments to that act have been passed by the
| Legislature; SO that Our charter may be fairly
described as piece of patchwork, in many
respects obscure. contradictory and inhar-
monious. In 1884 the common council au-
| thorized compilation of all laws relating to
| the city government, and of the ordinances
| then in force. Even this work has been rem
/ dered useless by the extensive legislation of
| succeeding years. The pamphlets published
! by the city containing the amendments of
| 1885 and 1887 are out of print so That il is
| now impossible to obtain the acts comprising
| the charter, except by diligent and laborious
| search through many volumes of the Special
| Laws of the state.
| This condition of things has long impressed
| on my mind the absolute necessity of
| thorough revision and combination of all the
F.! laws comprising the city charter. | do not
| wish to be understood as suggesting an en-
| t1rely new charter, based on experimental
| systems OF municipal government. With
| certain notifications, tending to produce
| economy and retrenehment in the admins
| tratlon of affairs, il seems generally con
| ceded that existing methods are the wisest
| and best adapted to the wants of this COM
munity. In my Judgment the Ramsey county
| delegation will receive the lasting gratitude
of our people if it will undertake and com
| plete this work of revision. Composed Of
some OF our best and most loyal citizens. with
| full understanding OF the necessities of the
! hour, our senators and representatives ought
to be able 10 accomplish the task with rca-
| sonable expedition, and 10 the entire satis-
faction OF their constituents
| The Practical Questions Are:
! How shalt this revision be brought about?
| What methods are the most feasible to Sc
! cure the desired results at this session OF the
legislature: NO Dill having i'll view the con
| solidation of all the acts constituting the
| city charter can be drafted until the deiega-
ton has definitely agreed upon the changes
to be engrafted on ouF present system. The
details of such changes can be deferred for
future consideration, bur the main lines,
the leading principles, ought to be deter
| mined by the delegation within the next
three weeks As I understand it, the con-
templated changes about which there seems
| to be but little difference of opinion, involve
| substantially the following points:
First-Shall the powers of the boards or
| departments or the city goveinmtIi be cur
| tailed, and to what extenti
Second-Shall the city be run on cash
| basis or on credit, with power to issue tax
levy certificates:
l fr1 Stolf ol 10 Il