St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-06-27
MILLER MANEUvERING
The City Treasurer Wants to
Begin Litigation for His
Own Purpose,
But He Also Wants Council
men to Authorize the
"Lawing."
In Vain Does a City Legal
Adviser Explain to the
Treasurer.
A Long Session on Miller's
discoveries" With Little
Result.

all penalties, interest and judgments
which, as is alleged in the report OF the
public examiner. were not collected by
the former treasurer when the original
amount of the assessments was paid.
But right here is where City Treasur-
er Miller draws the line. He does not
want. for some reason which he does
not explain, to commence the actions
unless ordered so to do by the council.
The city attorney during the session re-
peatedly told Mr.. Miller that the coun-
cif'had no authority in the matter,as the
law gave him the right to proceed
without such direction. Mr.. Miller,
however, wants the responsibility re-
moved from his shoulders. and said last
night that he intended to force the
council to
show Its Hand
before he started in. At the session
last night Aid. Franklin and Dorniden
and Assemblymen DAILY and Van Slyke,
of the committee, were present, as
were City Treasurer Miller, ex-City
Treasurer Refs. Public Examiner Ken
yon-and his assistant. Harry Grlswold.
J. b. Tarbox and number of clerks
from the treasurer's and c0mptroller's
Office.
Assemblyman DAILY was chosen chair
man. and as soon as this had been done
Mr.. Van Slyke suggested the corpora
ton attorney should go through the
schedules submitted by the examiner
and Sift out the errors. He had no
doubt but there were things which
could be explained to the satisfaction
of the committee, and would make con-
siderable change in the totals.
The report of the examiner, covering
the years 1851 to June g, 1892, showed
that 500, 18Th was the amount of penal
ties, Judgment costs and interest on
assessments which had not been col
Iected. The total was made up of
amounts in tine following years: In
1887, S927.59; 1888. S9,3S4.52; 1889,
S7,033.54; 1890, S5,9O5.S9; 1891, 81. 4O4.S9;
1892 up to June 6. S1,40903; sDrinkling
assessments covering the six years.
So, 1216S These amounts are made up
from balances due on 12,62S pieces OF
property, and while some of them are
in the hundreds the average is about
$3.50 each.
Mr.. Kenyon said there was nothing
on the records to make any changes i'll
the report he had submitted, but he adj
United there might be orders from the
council, the board of public works and
other officials which would effect the
total very materially. He had simply
taken the figures from the books as he
found them, and knew nothing OF orders
or resolutions of the city council or
other bodies which would change or de-
duct from the amounts.
ERafS tho RInAr-
Ex-Treasurer Refs was asked if he had
anything to say, and he explained in
detail the charges in the report. AS to
the sprinkling assessments, which in
the six years amounted to S.
121.6S, he explained the opposI-
ton to the spriDkling law was
courts, and in one year the council
issued refunding orders to the amount
of $4,000. While this was being fought
IN the courts it was decided by the
city to take the face of the assessments
in all cases where it could be obtained.
This was done, and as in other cases
mentioned in the report of the exam
liner, receipts were given only for the
amount received. and the Judgment still
stood for the balance on the books of
the clerk of the district court.
In 1888, he said, Judge Kelly decided
there had been no Illegal action taken
by the council in selecting the official
paper, and this resulted i'll large num-
Der of assessments being declared inval-
id, amounting to hundreds or thousands
of dollars. In all these reaSSeSSmentS
could only be made for the original
amounts, and the costs and penalties
could not be added. During his term
in the office he had always held the OBJ
ject of the assessment laws were to col
lect assessments due, and not 10 make
money for the city by adding costs and
penalties. In this he had been upheld
by the council and city officials. and at
times owing to the litigation-it being
necessary to raise money to pay con-
tractors-it was considered fortunate to
get the face of the assessments without
the penalties or costs. Mr.. Refs read
opinions from ex-City Attorney Muir
ray, who stated that the acts which
some were now endeavoring TO make
criminal grew out of
Special Proceedings.
An examination made by any disin-
terested parties. Mr.. Murray said. would
clear up the matter. The actual amount
paid in, Mr.. Murray contended, was not
a bar to the present city treasurer going
ahead and bringing action to enforce
the payment OF any balance due the
city. A letter from ID. w. LAWYER held to
the same opinion, and declared the
proper procedure was for the city treas
urer to proceed against the property
owners.
In a general review of the report of
the examiner, Mr.. Refs, in addition to
the detailed statements, three in num-
Der, which classified the Improvements
into groups, showed that S20.S00 of the
amount mentioned in the report were
covered by orders or recommendations
of the board Of public works, council
and city engineer. and the decision of
Judge Kelly invalidating judgments and
costs. In addition to this resolutions Of
the council otfsetting damages amount
ed to s5,265.46, which. added to the
So, 121.6S covered by the spriDkling as
sessments, made up the total shortage
in the report.
City Treasurer Miller said none of the
charges in the examiners report hau
been refuted by the explanation of Mr..
Refs, and that the eX-treasurer had not
been in office four months before lie
had commenced favoring certain parties
Ill HUI duQiu5 '~Ooto eiEd PCHditiCo.
This was denied by Mr.. Refs. who
said he made no distinction as to per-
SONS.
Mr. Miller said this was not true. and
to back up his assertions announced
that Mr.. Van Slyke and q. y. Cullen
were among those SO favored. The
majority of the refunding orders passed
during Mr.. i.eis' term in Office, Dir.
Miller said, had been
Obtained by False Pretenses.
and to.prove his assertions he read ona
issued to II. w. Phillips where that
gentleman bad been granted refund
ing order OF lots assessed for sewer
said TO have been enormously made. 1t
was noticeable, Mr.. Miller said, that
Aid. Cullen always introduced the re-
funding orders.
Mr. Refs interrupted the treasurer a;
this uout. and remarked that IL WAS q