St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-12-15
The PLAN IS CLEAR.
No Legal Formalities Can
Hinder Convention Com
mitteeS
From Securing the Market
House as the Auditorium
Site.
Be Heard From This
Evening,
And Then a Joint Council Will
Finally Settle the CUES
ton.

Shred by shred every sort OF Specfous
objection To the public auditorium prof.
ect has been torn asunder. The ultra
prudent and conservative element that
had doubted the legal authority vested
by the charter in the council to levy the
proposed One-mill tax to meet the cost
of the auditorium is now perfectly sat-
isfed. The course is clear. Corpor-
alton Attorney Lawler gave a full eX-
position of the law at the joint meeting
of the committee on promotion and on
auditorium in the mayors office yester-
day forenoon.
Chairman Baker presided, and i'm
mediately upon calling the meeting to
order he requested the opinion that had
been asked for at the meeting of the
committee held Saturday evening, and
thereupon Mr.. Lawler reported:
LAWYERS Opinion.
Hon. Lewis Baker-Chairman Committee
on Promouon-Sir; At meeting of the
committee on promotion, held on Dee. -
inst, a resolution was passed requesting the
corporation attorney to submit an opinion TO
the said committee as to the legal power of
the city or st. Paul to remodel and recon-
struct the market house building, and to pro-
vide for the expense thereof by increasing
the tax levy for the year IS9? by an addition
of one mill. ! have the honor to submit
herewith the said opinion.
Section Is of chapter of the charter of
the city Of st. Paul as amended in 1881 in the
grant of general power to the common coun-
Gil Of said city. reads as follows: THE COM
mon council shall have full power and au-
thirty to establish public markets and other
public buildings, ana make rules and regula-
tons for the government of the same Sub
division "a of section 3 page IL, of the act
approved March ~ 1891, commonly known
as the Bell charter, empowers the council, by
q general tax, to provide general fund for
current and incidental expenses of said city.
not hereinbefore specified and provided for
On the construction of these two provisions
depends the answer to the inquiry of your
committee.
The first provision of law above cited en-
powers the council to establish public mar
kets and other public buildings" Under this
authority the present market house building
has been maintained by the city. For some
years past only about one third of SAID build
ing has been used for market house pur-
poses The basement of said building has
been leased as Il restaurant. and the second
story is comprised in two halls both of which
are now, and for some time past have been,
principally used for the purpose of holding
public meetings of various kinds.
1t will be readily admitted that this use of
said building has been legal and proper. SO
far as practicable the building has been used
for market purposes and the incidental use
of the same for purposes which strict con-
structOn of the statute might not consider
public" would be immaterialS
1t will be readily conceded that it is in the
power of the common council, at the present
Juncture, to raise money by taxation under
the provisions above quoted for the purposes
of repairing and maintaining the market
house building at present used, and the rea-
son is that so long as the property is used for
some public purpose the common council in
its discretion Is the sole Judge as to the prac-
npablllfV and I
The contemplated change In the market
house building involves, so far as | have been
Informed, continuance of its use for public
purposes in the strcIest sense of the term to
at present.
1t is commonly understood by those who
have the matter in charge and by the men,
bers of the common council that the build
ing is to be so reconstructed as to provide a
large auditorium, similar in character to the
present Market hall, and also to provide
large halls which may be used for public
purposes, for public library, public bath,
an armory, and various OF her uses OF a sim
liar nature. During the informal discus
sions of the matter, attention has been
drawn to the fact that the present public
library accommodations are cramped and
announcement. that the last legislature
authorized the expenditure of $4,000 for the
establishment of a public bath. and that it
also compelled the city to provide an armory
for The national guard.
In ordee to comply with the last act re-
ferred to. 1t became necessary for the COM
mon council to rent the property of private
individuals, at & heavy expense per annum
to the taxpayers of the city. 1t is fair TO pre-
sumo that this law will not be repealed. and
that this expense will continue to be borne
by taxpayers indefinitely, or until property
owned by the city is devoted to armory pur-
poses. In the original act authorizing the
erection of the market building, there is no
prohibition against using the said property
Tor other public purposes.
1t is therefore my opinion that it is compe-
tent for the common council to remodel and
reconstruct said property in the manner and
for the purposes herein indicated, and in
clude the necessary amount therefor III the
tax levy for the year 1892 for the payment of
the current ana incidental expenses of the
city. Respectfully, DAN W. LAWYER O
Corporation Attorney.