St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-08-04
REFORMERs PUZZLED.
kIEcAL OPINION THAT PERMITS A
POLICE MA7R0Y,
AS A 11g1NICEPAL MENIAL.

Then Arises the Question, Is Mrs.
Walker Eligible? Which Nc
Cardy is Considering-Assis
ant City Attorneys Render
Differing Opinions as to Pow
crs of Dog Catchers.
The police matr0n controversy bobbed
up again yesterday by the city attorney
sending his opinion to the comptroller
as 10 the legality of the appointment of
a matron 10y the mayor, under resolu-
ton of the council authorizing him to
do so.
4 month OF so before the reform adj
miniStratiOn, so miScalled, took charge
of the city affairs. Mayor Smith ap-
pointed Mrs. Bridget Cummings to the
position of matrOn at the central police
station An effort was made at that
time to have Mrs. Walker, the present
incumbent, appointed. but without sue
cess. When Comptroller McCardy re-
ccived the pay roll for the month of
June, 1892, the name and salary of the
police matrOn was at once stricken from
the roll. An opinion from the then cor
po:atiOn attorney was sent 10 the cOun-
Gil stating that the appointment was
legal and the woman should be paid.
The comptroller refused to pay the
matron or pay attention to the opinion,
and since then the position as we'll as
the compensation has been rather
doubtful.
Three months ago Mrs. Hattie Walker
was brought over from Saltwater and
Installed as matrOn by the mayor. A
resolution was introduced and passed
by the board of aldermen directing the
mayer to appoint female who had been
for two years aud WAS then resident
of the city as matron. The intention Of
the council was to prevent, if possible,
the importation of any more Saltwater
people TO positions. The mayor, how
ever, paid little, if any, attention to the
protest, and Mrs. Walker has been doing
the duties of matron since. Having
been fixed III the place, the next thing
to be done was to get
Money TO Pay Her Salary.
To meet this, Aid. IngerSoll had a
resolution passed directing the city
treasurer to pay Mrs. Walker $50 for
her salary as matrOn for the month of
having beer settled by the mayor out Of
a contingent fund allowed him.
The two resolutions were hung up in
the assembly, the members of the as
Sembly committee on police referring
the same to the city attorney and comp
truler 10 decide as to the legality of the
appointment Of matrOn by the mayor.
and also 10 settle the question as to
whether Mrs Walker would be eligible
TO the position uuder the two years
residence clause. The question of the
LEGALITY of the appointing power of the
mayor is settled by the opinion of the
city attorney, which was sent to the
comptroller yesterday, and which is
given below:
Hon. j. J. McCardy, City Comptroller
Dear Sir: Your letter Of the 18th inst.
asking me about the construction of
section II. page 81. of the compilation
of amendments of 1891. known as the
Bell charter daily received. The sec
ton reads as follows:
The common council shall have no
power or authority IL create any new or
Saiaripd Office not specified in the char
ter or said citY, or in any manner to in
crease The salary or compensation of
any Salarled officer, or to employ any
assistant or make the city liable for any
services rendered or attempted to be
rendered in performing the duties i'm
posed by law upon any salaried off Ger
of said city, and after May %. 1891, the
employment and compensation OF all
employees and officers of the city not
designated in The charter shall cease.
No once Created.
You say after reading the above:
rms being the case, by what authority
or power can the office or position OF pO-
lice matrOu, 50 called, be created ana
fii!ed?" | would answer first by stating
that in my opinion the Office of police
marion has not been created or filled.
The resolution 10y which a woman is
employed To attend and care for female
prisoners arrested, does not in my opin-
ion create an office nor provide for the
appointment OF an officer.
The charter Itself, in addition to what
you quote, says this: But nothing in
this provision shall prevent said city
and its officers from employing such
servants and agents from day to day
and from mOnth to month as is author
lied by the charter of said city" The
police officers OF the city have the power
to make arrests and 10 cOniine prison.
ers in the station house, and the city
has authority to maintain q station
house tor this purpose. This being the
case, it is clearly the right of the city,
and its duty, to provide Tor such prison
erS proper care, accommodations and
the necessarieS of life while they are
confined.
/ believe that the courts would sus-
tain the appointment of a female at
tenGant to care for female prisoners
under these circumstances, ana | be
lieVe if it were necessary the courts
would also sustain the appointment of
extra helr, male or female, to perform
the various mental tasks and Offices in
and about the station house necessary
TO its proper cleanly and respectable
maintenance. l do not find anything in
the numerous references that | bave
looked up by which am led to believe
that this would be considered an office
as contemplated by our charter The
charter evidently draws a clear distinc-
ton between the officers enumerated
and offices 10 be created and filled and
the other class of city servants and
agents which are to be employed from
day to day and from month 10 month
The distinction is expressed III the sec
ton from which you quote and from
which L have referred above, but
the exact. definition Of what is an
officer and what is merely an agent or
servant is not given, although the dis
tnction is so clearly recognized that the
courts have held that a position. the