The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-02-14
THE MAYOR AND FINALLY.
Mr. klslnsohmidt Discusses the $3.50.
Voted to the Inspector
Of Buildings.
7etore Flo Signs the Warrant tho
Council Will be
Consulted.

Council Will BE
Consulted.
rhe Ofnoe. He Says, Was Not Abolished
by the Ways md Mems
Comnittee's Report. j
Mayor Kleinschmidt ID still holding the
$3.50 warrant which the city council or
dersd drawn in favor of building inspector
McNally, to pay that officers counsel fses
and court expenses In the suit brought
against him by David Merritt. IT have not
fully determined what to do" said the
mayor, in discussing this matter yesterday.
~ shall not call q special meeting to CON
slider this subject, ~ l do not think il Of
sufficient Importance. There will be no
special meeting OF the city council on
Tuesday unless there il some othsr bust
ness. 1t may DO that the appraisers in the
Lawrence street matter will BIO ready to
report by that tims. Ii 20 I may call a
mestinK. This matter ia one in whioh Mo
Nally has some rights and the city has
some rights. When it cans mp on Tues
day night last I asked the committee to
givs II full consideration md report on ii.
but not to pass it that evening. ! am in
formed that tho committee reported on 1t
later. aud that the counsel unanimously
passed it. This was after I had left the
meeting. try to b. at every council meet
ing, but after 10 O'Clock that night all the
aldermen being present. | availed myself
of the opportunity to keep an engagement.
"Thsrs is this about the warrant which
it is necessary to consider. Mentally en-
ployed one attorney. E.. w. Knight and
Thomas Gilchrist. who were on AcNally's
bond, ths former for $4,000. employed
William Wallace, Jr. ] believe MoNally
was right in paying Wallace, a. his bonds
tsoting him in holding the position. It is
fair to presume that an official Of the city.
under = small salary, should not be com
PEELED to bear the burdens put on him BY
the whims Of individuals. It il not = quss-
tion ~ to whether MoNally or Merritt was
wrong. The fact remains that AoNally had
to pay out the money. The city 10 not =
charitable organization. At the same time
tho city shoald not SO it, officers suffer.
McNally was building inspector. The
building which fell had gone up without a
McNally went into office. While McNally
might have known the building was going
up, yet he il NOT expected to devote his
time to detective work. Right thsrs il \
nice question. If McNally knew ths build
besn careless or liable. II he did not know
it by reason Of NO permit being issued, he
was not liable.
when the warrant was brought to me
on Wednesday for signature, I told MoNal-
~ ! would have to hold it. I have no
When the council orders 3 bill paid and
an order drawn on the treasurer, the law
says the mayor and the city clerk must
sign it, yet there is no fixed time in which
to do it. I have not refused to sign the
McNally warrant, but I'm only holding it
brought to compel me to sign tho warrant,
would have to do it. ! don't think
MoNally would do that. have spoken to
several aldermen about tho matter, but
they are non-oommittal. If it was 4 case
where my veto could be used, ths council,
worry likoly pass it again over my head. |
have already called the councils attention
to the fact that ! shall insist hereafter,
where there is an anticipated appropria-
ton, as in the case Of the Seventh ward
hose house and the Lawrence street open
SA4Es aA LEV AZ PNoo0As =
as to allow the mayor to exercise hls veto,
il he wishes to. I shall insist in the future
that the ordinance shall first be passed,
with a provision for tuning back into the
treasury what money Is left over
after the work is done. NcNally's
large enough to require an ordinance and
give mo a chance to exercise the veto power.
| have made up my mind to submit the
matter to the council and learn their
wishes. I am free to say l should like to
see McNally paid or reimbursed, but at the
same time the fees paid by the act of his
boudsmen in protecting themselves do not
seem a proper bill for the city to assume.
Had the bondsmen paid their attorney. the
question is would they have created a liza
bility for the city to pay. II would have
been a matter between McNally and his
bondsmen and not between Mentally and the
city. McNally was magnanimous enough
to reimburse his bondsmen. If the council
il satisfied and wishes the vote to stand
will sign the warrant. don't want to re-
fleet on the action Of the council, but wish
they had let the matter stand until it had
been thoroughly sifted. believe tho coun-
Gil thought they were right. They did not
care to SEQ McNally put to an expense he
could lily afford to boar personally. It was
brought on by his holding an official posi-
tion, and they thought they should protect
hin. Had tho city been suod and had it
lost tho case it would have had to pay, and
the ecourss would have been on the bonds
men. l understood Mentally spoke to the
city attorney about the case, but that Off
Ger was not asked to 20 into it,"
In regard to McNally's tenure of Office,
the mayor snid: ~"1requested tho ways and
means committee to roport On the admin
istration, and to investigate the offices of
building inspector and inspector Of weights
and measures. The committee reported,
recommending that the offices be abol-
ished. The report was adopted. That was
all We had to act upon. At that time tho
improvements at the CITY hall were under
way, and it was recommended that the
building inspector he continued to August.
He WAS simply & hoid-over. There was
plenty OF work for him to do in the inspes-
ton of elevators, etc. l have kept him in
office, not caring to ask for his resignation
nor to appoint 4 new msn, RS there was no
certainty but that the next meeting of the
council might abolish the Office. l think
McNally u faithful officer and as efficient
and competent an any appointed under this
administration. Tho report of tho ways
and means committee could NOT abolish an
office that was crsatsd by ordinance. Tho
inspector of Weights and measures and
milk either rendered his resignation when
he found tho office was abolishod, or I
asked for it. ] should have done the same
With the building inspector, bat I had uss
for him. An ordinance has since been
passed putting the inspection OF milk under
H., nh Il, ~ re &lo bNnn4 zf IL ..-1 n 49,