St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-05-22
A KNOCKOUT BLOW
Delivered the Auditorium
Project by the District
Court.
Judge Egan Holds There Is
no Authority for the Tax
Levy,
And Grants an Injunction
Forever Restraining
Proceedings.
The Decision Falls Like a
Bomb Among It's
Friends.

Judge Egan fled decision in the
much-discuSSed auditorium injunction
case yesterday, which grants the petit
ton of Charles Steele for perpetual
injunction. The court cites the facts,
and discusses the history of the market
house and the proceedings looking to a
conversion thereof into an auditorium,
and then grants restraining order.
The reasons for reaching his conclus-
ions are given by Judge Egapin a mem
orandum attached to the decisioD,Wh!ch
is as follows:
It is universally conceded that a municipal
corporation possesses and can exercise the
following powers and none others.
I. Those granted ineXpreSS words.
=. Those clearly and necessarily implied or
necessarily incident to the powers granted.
3. Those absolutely essential TO the de-
clared objects and purposes of the corpora
ton. not simply convenient but indispensi-
BILE -
power is resolved by the courts against the
corporation, and the existence of the power.
Upon examination Of the recent charter
amendment, approved March 10, 1892. section
3.thereOf reads as follows:
"AlI property, real and personal within
the laws OF this state, shall be subject to tax
alton for the support of the city government
and payment of its debts and Liabilities, and
for the support of the public free schools Of
the city. and the same shall be assessed as
provided by law
First-The erection of the proposed audi
forum is not for the. support of the city gov
eminent
Seeond-The expense in cash of construc-
ton is not for the payment of its debts or
Ia hilifipC hTlr the contrary creating a
debt or liability. Nor is it certainly for the
support of the public free schools of the
city.
Section aforesaid proceeds and states:
THE said common council by three
fourth's vote of all members of each body
may levy an annual tax upon all property in
said city taxable under the laws of this state
to and for the specific purposes following,
that is to say. first ETC., etc. including tWen-
ty-four separate distinct subjects matter.
Neither The words market house" nor the
words enlargement and improvement of the
market house building are cOntained.in any
of the twenty-three specific purposes afore-
said.
The nineteenth provides 'for building and
repairing bridges, and the eighteenth for re-
pairing streets and sidewalks; but nowhere
anything about repairing market house.
Under the heading, General Fund Debit"
the estimated tax levy for the year 1872 con-
tains the item, Reconstruction OF marEet
house, Sl20.0G0."
Whence comes the power TO levy this tax?
The power, It is urged by the city, if not
embraced by any previous specific authority.
comes within the tHeuty-tourth and last or
the delegated powers, which reads as follows:
To provide a general fund tor the current
and incidental expenses of said city, not
hereinbefore specified and provided for.
And also all money received from
the municipal court, market house and mar
ket work house, building inspectors per
NIT daCr rnnpinfC aud from all other
sources (Save when received for specified
use or purpose shall be credited and passed
to the general fund.
The words market house ard market in the
amended charter here occur for the first time,
and are referred to as source of revenue.
not of outlay. the money received to be
placed in the general fund, But it is urged
that the tax levy of Sl2000Q demonstration
of the market house comes within the pur-
view of incidental expenses"
Incidental must ordinarily mean a subor-
diuate occurrence or thlng-Something casual
or of minor importance, such as incidental
expenses OF a journey.
To paint the market house or kalsomine it
inside would reasonably be regarded as an
incidental expense, but to eXpend or include
q tax levy of $4,000 IN reducing the proper
tions of the market house and erecting
great hall in The space so reduced, Is not an
Incidental expense. The original cost of
construction of the present market house
was in the neighborhood of $4,000, raised by
issuance of bonds under special act. The
expenditure of $4,000 is not an incidental
expense in reference to the same subject
matter to be levied under the general pro-
viso in subdivision "a.
The word auditorium is used frequently In
reference to the contemplated improvement
as synonymous with remodeling the market.
/ cannot find the word auditorium in the
charter ana therefore there can be no au-
thority to levy q tax for the building of all
auditorium.
The Improvement suggested may be hlghly
desirable and meritoriOus. may enhance the
reputation and glory OF the city; vet l cannot
but deem that there is no warrant for levy
ing the tax under the charter amendment of
1891. There exists no reserved powers in the
hands of the council. Its powers are limited
as first defined above.
While there was general demand for
the auditorium by the citizens. and
many will regret to know that the
auditorium will not be built, yet there
are number of people who have
always been opposed to using the valu-
able market house site for that purpose.
The decision seems to meet the approval
of great many taxpayers and citizens.
Write or wire Frank /. Tedford, men,
Der Duluth Stock exchange, what iron
stocks to invest in on the MeSaba range