St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-05-12
DECISION OF THE COURT.
T - Ordinance Valid-Qualitica-
lions of the INSPECTOR.

vi JOIs
The supreme court yesterday, by a
unanimous decision, filed by Justice
Vanderbnrgh, handed down decision
in the celebrated quo warranto case of
The State of Minnesota, eX rel. Gates
A. Johnson, relatOr. VS.. E. G. Starkey.
respondent, OuSting the respondent
from the office of building inspector of
St. Paul solely on the ground of ineom-
potency. The original manuscript of
Justice Vandgrburgh was placed in the
hands of the clerk at s O'Clock yes
terday morning, and two hours later
the decision was made public.
The sudden haste was caused by
the court not desiring the matter to be
made public before the decision was an
nounced. The court holds that the Or
dinance of the city providing for the
appointment of building inspectors and
prescribing their qualifications is valid;
also that the term of the present incum-
bent elected i'll January, 1890, was for
term of two years; but holds that under
the provisions of the same ordinance a
person who is not practical architect
and a sanitary engineer is not eligible
to the office, the latter requirement
being mandatory.
The opinion of the court is quite
lengthy. 1t reviews the ordinance pro-
viding for, the election of the building
inspector, and makes particular point
of the fact that a practical architect and
a sanitary engineer must be appointed
according to the provisions of the Ordi-
nance. 1t states that Mr. johnson was
appointed in 1884, and his term expiring
in 1886 he was again reelected, the Or
dinance at the same meeting that he
was reelected being changed so as to fix
the term for four years. In 1899, how
ever, at the same meeting that MIR.
johnson was elected, the ordinance was
again changed SO as to make the term
only two years. The court continues:
The relator insists that the amendment re-
ferred to was imperative as to him, because
he was elected before the amended ordi-
hanae was signed and published, that is. be-
fore it took effect; and also on the ground
that by virtue of section 46, chapter 343. Spe-
eial Laws 1887, the council had no power TO
make the change. AS respects the first
ground of objection. IL is sufficient to say
that, assuming that the council was author
lied to make the amendment in question. it
so far superseded the old ordinance ana
took effect as to the incumbent as well as
his successor, and he subsequently qualified
under it.
The court then reviews chapter 343,
Special Laws of 1887, regulating the
control aud inspection of buildings in
st. Paul. The law is, in fact, published
in full, after which the court declares
that the section regarding the appoint
ment of the inspector is crude and OBJ
scure, and some of its provisions were
inserted perhaps from abundance of
caution; but in so far as they are ma
terial to be considered. it was intended
to prevent the incumbentS at the time
of the passage of the law from being
turned out of Office. The court holds
That the law did not otherwise interfere
with the legislative authority of the council,
and we are of the opinion that the council
might reduce the term OF the building in
| spector from four to two years, as it did i'll
! January. 1890, and that the REALTORS term
| therefrom regularly expired in January. 1892,
| and be is not entitled to hold over, provided
| the respondent is legally qualified TO hold
| the position under The provisions of Ordi-
nance No. $40.
| Continuing, the court says that if
| there is any doubt as to the power of
| the council. under the charter, to pre-.
| scribe the special qualifications of the
building inspector, as required by The
| ordinance, it is removed by the provis-
| ions of the act of 1887 referred To. which
| recognizes and valldateS that ordinance.
| 1t must be conceded, therefore, that the
| council was authorized to appoint
| building inspector at the meeting Ill
| January, 1892, but the law required
that he should be practical architect
| and sanitary engineer. Continuing, the
court says:
! The whole subject is one of great public
| importance, as the lie sislature must have con-
| sidefed, Involving the security and stability
1 of buildings and structures in the city, and
4 the health of the people. The statutory
+! terms. practical architect and sanitary engi-
neer," evidently should not in case like