St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-04-05
SIMPSONS OPINION.
What the City Attorney Finds in
the Council Reorganization.

What the City Attorney Finds in
the Council reorganization.
The council committee on water
works held another meeting yesterday
Afternoon. The legal opinion written
OH the subject by City Attorney Simp-
son was submitted and read. At the
conclusion of the recitation of facts as
set forth by Mr.. Simpson, Chairman
BradiSh turned 10 Supervisor McCOn-
nell and asked him if he considered the
opinion good.
Il do not" said Nj. Mcconnell.
"DO you override it Ihen?" asked Aid.
Bradish. smiling.
mo; DON'T Overrule it, but intend
to stay in here as supervisor until the
court has declared me cut; that is all !"
The newly appointed supervisor, An
drew BergStrOm, was asked what he in
tended to do. He stated that as soon as
he got the time he would procure legal
advice and take the necessary steps to
Gust Mcconnell from his position. Mr.
BergstrOm had no doubt he was the
legally appointed supervisor, but he
could do nothing until his attorney was
ready TO act. The committee adjourned
TO meet this afternoon, when Mr. Berg
StrOm'S plan of action will be submitted.
1t was decided that, inaSmuch as Nc
Council insisted upon retaining a posi-
ton he had been discharged from, and
it was absolutely necessary for the de-
partment 10 have a supervisor who could
be held responsible, it would be advis-
able to allow the stubborn incumbent TO
be considered the responsible party. He
will remain in his position, under pro-
test from the committee, however. City
Attorney Simpsons opinion in the mat
ter SuStalnS the committee. 1t is an in
tereStiDg document, and is printed be-
lows
II. As to the removal of the preSi-
dent have expressed the opinion that
the city council of the city of Minneap-
oils has the power TO remove the presi-
dent of the city council, and | have as
yet been unable TO find any rule or de-
ciSiOn causing ME to change my opinion
Oh that point. The city council is a
legislative body, and acts by majority
vote of its members at a regular meeting
or duly called special meeting. A pre-
siding officer is only required in order
that its business may be done in an
orderly manner.and that the expression
of the majority of its members may be
properly had and recorded. The essen
tial element in the action OF the CITY
cOuEcil, as in other legislative bodies,
is the expression of the majority of the
members of the council. The president
is simply part of the organization of
the council, and it has always seemed
reasonable TO me that the city council,
like any other legislative body, could
control its own organization in the alb
sence of any limitation on that power,
and l am unable to find any such limita-
ton.
LAS to the appointment of new stand
ing committees the reasoning above, if
it is correct, applies with still greater
force to the committees of the city
council. These standing committees
are not provided for by the charter, but
by the rules of the council itself. (See
Rule2S.) The committee on health and
the committee on taxes have certain du-
ties imposed upon them by the charter,
but the charter making no provision for
the time or manner of the appointment
of these two committees they will prob
ably stand on the same footing as all
the other standing committees of the
city council. No time is fixed for the
of these committees, and
no term that a committee should serve
is in any way established. The COM
mittees exist simply for the convenience
of the city council in the transaction OF
public business, and references are
made to the committee, not through any
right of any committee under the char
ter to such reference, but at the will of
the council itself. J can see no reason
why the council cannot, if it desires,
legally change one or all Of its standing
'The city council having exercised the
power to appoint new committee OF
water works, the acts of such committee
on water works in submitting to the
city council a list of officers and en-
plOyeS in the water works department,
with their salaries, was III accordance
with the ordinance Of the city passed to
govern such department.. The persons
so nominated by your committee having
been confirmed by vote of a majority
of all the members of the city council
are, according to the prevailing practice
ever since the water board was abOl-
ished. duly appointed to their respective
positions and entitled TO act therein.
1.-The proceedings of the city council,
In making the change in its standing
was certainly regular if the
above opiniOniS correct, that the city
council had the power to make such
changes. The committees were APP
pointed by Mr.. Kiichli in pursuance OF.
a motion duly made and carried In the
city council itself authorizing and in
him to make such appoint
No objection was made at the
time to such motion, and the minutes
show that all the members of the coun-
Gil present voted on the question. The
appointment was therefore made by the
city council itself. and the validity of
the appointment does not necessarily
depend upon the question whether or