St. Paul daily globe., 1892-06-28
ance, and Mr.. Lightner acted as chair

lliulls
The first section of McCardy's COM
munication, calling attention to defects
in bonds given by the several banks
used as repositories of city money re-
celved consideration. The bonds OF
the various banks were exam-
ined carefully, Mr.. Lightner and
Mr.. ReardOn passing op the financial
qualifications of the bOndsmen when
the question arose as to this matter.
The bond of the German n-American
bank showed, so MIR. Lightner ex-
planned, that three of the five bonds
men were either dead or had removed
from the city. The two remaining
bondsmen, who were considered good,
these gentlemen being Joseph Lackey
and John B. SanbOrn. The CITY treas
urer was directed to call the attention
of the bank to the matter and have ad-
ditiOnal bOndsmen secured. Ihe Dond
of the Union bank, Mr.. Lightner said,
should have been given by the bank in
stead of the cashier. The bondSmen,
NJ. Auerbach, Arnold Kalman, Craw-
ford Livingstone and Fred Driscoll, he
thought were perfectly good, and aside
from the change suggested 1t was all
right.
The men on the bond of the Merriam
Park bank were unknown as far as
their financial standing was concerned
to the committee. but Mr.. Reardon said
they were all right. and it went at that.
The defects Mr. McCardy had called at
tention to. Mr.. Lightner said, would not
in the least effect the validity of the
bonds, and aside from the two banks
mentioned everything was all right.
The Die VoiksZeitung part of the
comptroller's communication being next
in order, Corporation Attorney Lawler
submitted the following report:
LawIer Upsets McCardy.
In accordance with q resolution Of the as
sembly, passed June 14th inst, have the
honor to submit herewith my report on the
legal questions raised by the communication
of Hon. j. j. McCardy. city comptroller,
dated June II, 1892 which was referred to
your committee and the corporation attorney.
Under the heading, publication OF Pro-
ceedipgs in Die Volks Zeitung, the comp
troller reports as follows:
There does not seem to be proper author
itv for the publication of the proceedings In
this paper, therefore the bills of Sl22.@ and
$3.50, April and May. cannot be allowed as
it now stands.
The first sentence of the third paragraph
of page of the act approved March "a. 1892
knoWn as the Bell charter, reads as fol-
lows: 'All powers, duties and obligations
held assumed and by law authorized and
CITY, as now composed, under any law OF this
state shall, save as herein otherwise pro-
vided be held. assumed and exercised by
the common council herein provided for;
and any power. authority and duty held. i'm
posed and exercised under any present law
by the common council of said city. as now
composed, is save as otherwise herein pro-
vided, hereby granted to and imposed upon
the common council OF said city as IN THIS
act organized and provided"
In the matter of publication of proceed
ings the common council, therefore, now
possesses the same power which the common
council possessed before the passage OF the
act Just referred to-
Section Il, page 80 of the charter of 1884 is
as follows: 1.-The common council at their
first meeting in each year. or as soon there
after as may be, shall designate one news
uaper printed in said city in which shall De
published all ordinances and other proceed
ings and matters required by this act, or by
the bylaws or ordinances Of the common
council to be published in a public news
paper; provided, that the common council
may order the publication of ordinances, ad-
vertisements proceedings or such resolu-
tions as may be OF general Importance IN
such other newspapers as they may direct:
Under this proviso the common council, in
the year 1885, passed the following resolution,
which was approved Nov. 10, 1885. (See
page 554, proceedings of the common coun-
ell, 1885, Resolved. That the publishers
of the Daily Volks Zeitung are hereby
auLlOrlZeu 10 puDllSH I'LL
ton and election notices and proposals
for contract work not to exceed one
time Gnstead of three times. as heretofore
ordered by the common council to be paid
for at the same rate as paid the Official paper
and the resolution passed by the common
council June Ii, 1885,. ordering the publish
ing of city notices in said Volks Zeitung be,
and the same is hereby repealed"
This resolution has never been repealed by
the common council and is still in force.
iS fhorpfnro OniDlOn that any DI1Dll-
cation i'll Die VOlks Zeltung, in accordance
with the terms of this resolution, is legal
charge against the city.
Under the heading IN ew Offices" the
comptroller states in his communication:
page 81, Bell Charter, Section II, forbids
the council creating any new or salaried
Office. The appointment OF matron at cen
trail police station at $500 year by the coun-
Gil MAY 10, 1892. seems to be contrary to the
above, therefore. the check in payment of
same is withheld"
The section referred to reads as follows:
1.-THE common council of said city shall
have no power or authority to create any
new or salaried Office not specified in the
charter of said CITY,"
Before the passage of this section under
the general POWERS of the city charter it was
competent for the common council TO create
new Offices, the incumbents OF which were
given fixed terms and fixed salaries by or
dinance 1t is clearly the intent OF the sec
ton to prevent the creation and establish
ment of such offices. 1t is plain, however.
that the appointment of police matron does
not come within the meaning of this sec
tion The police matron was appointed as
member of the police force, her appointment
was confirmed in the same manner as police
appointments, and provision is made for the
payment of her salary out OF the police
fund.
Section IL, page SO, of the city charter,
publication of 1887, reads as follows: THE
mayor shall appoint chief of police, the
captains, the detectives, the sergeants and
all policemen, patrolmen and police officers
at any time appertaining to the police de-
partment of said city. and by whatever name
the Common council"
It Is plainly the intent cf u t.nis act to provide
for the appointme-4s Of any person whose