St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-08-25
AT DAGGERS DRAWN.
The Two Ends of the City Hall
Are at Deadly Logger
heads.
Comptroller Kindly Offers to Help
the Mayor Run the
City.

The mayor has been so long in com
mand of portion of the militia 1t
imagines all that is necessary in his
civic position is to dictate letter to any
one of the city officials and Immediately
his slightest wish is obeyed. On some
Of the city officers an ordre militaire
would probably have some effect, but
then again there are others who recog-
nize their rights as public servants to
construe the laws relating to their posi-
tions without the interference of "our
gallant colonel"
The action of the city comptroller in
relation to the payment of police
| point. The position taken by Comp
troller McCardy in refusing to
audit the warrant of ex-Detective Ke-
naley for pension as retired member
| OF the police department has caused
| the mayor deal of annoyance. The
| pension board, of which the mayor is
| chairman, passed on the pension quail
fications of the retired officer, and or
| dered his warrants paid. In the law
under which the pen sion was granted
the comptroller is not mention ed as be.
ing concerned in the granting or the
payment OF the pension. AS auditor of
comptroller takes the position that he is
in it, and refused to pay the warrants
presented by Kenaley until he was sat
istied they were legal claim
against the city. Saturday last the
mayor indited a letter to the comptroller
to the effect that the mayor had passed
| OH the question, and. to avoid trouble,
the warrants had better be paid.
| Instead of having the effect the mayor
anticipated it went the other way, an d
| yesterday Comptroller McCardy sent to
his honor the following:
| ST. PAU l.. Mimi, Aug. 23. 1392-Hon
F. p. Wright. Mayor City of st. Paul
Dear Sir: l have the honor to acknowl.
edge the receipt of yours of the Goth
inst, relating to the pension of Thomas
Kenaley, lately in the employ of the
| city as detective. Your note seems to
be of mandatory nature, but on that
| point don't care to reply, as our re-
spective duties are clearly defined in
the charter.
As to- the matter of the pension in
| question: beg to say that the claim
has not yet reached this. Office, and /
have no knowledge or informant OIL con-
corning it or the action of the police
| pension board granting such pension,
| save such as has appeared in the public
press and private note frem MIR.
| ,kenaley stating when and where he
was born and when he was appointed on
the police force.
l have read those parts of the charter
to which you refer, and note the state.
ment you make to the effect that, as the
| pension board has passed ON this matter.
therefore this office has no power to
look into 1t.
On this point 1 respectfully invite
| your attention to the provisions of the
charter, section 2, page 10, charter OF
1891, that .'all moneys belonging to the
city shall be under the control of the
common council and shall be paid out
etc., two-thirds of the whole number OF
each body therefor" etc.; also to sec
ton IL, last paragraph, page %: Mel
Their the departments of said city nor any
officer thereof shall have any power to
make any contract or create any debt
against said city before the common
council shall have authorized the same
etc.; also section 13, page 81, of the Mu-
nicipal Code, that ''All claims and de-
mands. before they are allowed by the
common council, shall be audited and
adjusted by the comptroller" etc.
Now just what adjusting and audit.
ing" means would seem to be to ascer-
tain whether all requirements of the
laws had been complied with. also to
use ordinary care, at least, in disDurSe.
ments from the treasury.
In support of this have but to cite
the case OF Ram sey County against J.P.
Davis ct AL, which was tried before his
honor Judge Otis, and judgment rem.
dered in favor of the county for nearly
$50, 200, chiefly because due care had not
been exercised, whereby fraudulent
warrants were permitted to be paid
In addition to the legal requirements OF
the duties of this ohjce, understand II
is the custom, and the people expect it.
to inquire into all matters pertaining to
disbursements from the treasury.
have respectfully to say that am fully
in accord with your statement thai
m is Of the C highest that the
general public, should be fully pro
tected in his rights ETC., but
cannot quite agree with you that thi:
pension is clearly his right" and or
this there may be difference of opin-
ion: and l would therefore call your at
ten ton to the act creating the pension
law itself, which is IAN act to create q
police pension fund for retired police
men," etc.
You will observe that this simply
creates fund. and whether it discloseS
the power to pay same to anybody is a
question for the attorneys; but it is only
for policemen and widows and chill
dren of policemen" and does not say
anything about detectives, jailers
! and others in the title Of the
act. Mr.. Kenaley was detective and
not an active policeman-subject to al
the dangers and hardships of such {
position. This same question was dis
cussed in Chicago, aud the report car
easily be obtained which will show tina
only active policemen participated il
the fund. May l be permitted to sa,
that whatever may be done now would
have the effect of establishing a prece
dent for other cases, and we should us,
great care in so doing? Permit me ais,
to say that it will afford me at all times
great pleasure to confer with you ant
administration of the affairs of this cit,
for the best interests of all. Respect
fully, j. j. MCCARDY,
City Comptroller.
The mayor refused to give out til,
letter for publication. and it was neces
sary to secure copy of it from tn
comptroller.
The attorney for Kenaley said he hat
not examined the reply of the comp
troller i'll the matter, but he felt certain
that it WAS only question of tim
when the money would have to be paid
He intimated that the comptrolle
would not be made party to the lesa
proceedings which would follow. bu
that suit would be brought against tn
city to compel the payment of the wal
rants.