St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-03-25
READY FOR BATTLE.
Both Sides Prepared to Test
the Legality OF the Coun-
ellis Work.
What Charter Provisions Each
Of the Contestants Is De-
pending Upon.
Another Bank to Be Started
on the East Side Of the
River.
Dickey Has Sued the City,
General News Of the
Courts.

fDOln TIC LenOCIdtAC anu
forces of the city council are preparing
for action. The latter have already sig
nified their intention Of bringing the
matter of the recent council reOrganiZa-
ton before the courts, and, in fact. 1t is
understood proceedings are already
under way. Mayor EuStiS Is. Of course,
the head OF the attacking party, and no
doubt the financial end. President
Kiichli does not intend to allow the bat
tie to 90 by default, as he has engaged
the services of Judge Frank y. Brooks,
who will look after his interests and
those of the Democratic portion or the
council. The mayor has engaged ID.
+. Morgan and W. Z. Hale. The witt
of quo warrantO upon which the case
will be tested will be issued in the
names of the state of Minnesota, eX rel.
Joseph l.. Kiichli.
Since both sides are prepared to carry
this question of the legality of the coun-
ell reorganization to the courts,
it may be interesting to know.
Just what the claims of each
side are based upon. The matter OF the
appointment Of the new set of council
committees does not enter into the case,
as the city charter says nothing about
committees. 1t has to do merely with
the legally of the deposition of eX-PreS-
ident Brazie and the election of
President Kiichli. Mayor EuStis
holds that Tie president of the
council is e!cc,,d for two years, and
that the council c"HNot remove him
except for cause. After specifying what
officers shall be elected by Tie people,
the city charter says regarding terms Oh
Office:
"All other officers necessary for the
proper management of The affairs Of
the city shall be appointed by the city
council, unless in this charter otherwise
provided. The appointment of such
officers shall be determined by ballot,
and it shall require the affirmative vote
of a majority of all the members OF the
city council to appoint such officers.
"All officers required to be appointed
by the city council shall, unless other
wise provided. hold their respective
Otflce for the term of two O. years
from and after the first QsD
Monday in January of the year
of their appointment; and all officers
elected by the people or appointed by
the city council, or otherwise, shall con-
tinue in office until their successors are
appointed and have qualified"
The charter has this to say about the
election of the president OF the council
and his duties:
AT the first meeting of the city coun-
ell in January of each year after gen.
eral state election, they shall proceed to
eject by ballot from their members Il
president and vice president. The
president shall preside over the meet
| ingS of the city council and during
the absence of the mayor from the city.
or his inability for any reason to dis
charge the duties Of his office, the
said president shall exercise all the
power and discharge all the duties
of the MAYOR. In case the president
| shall be absent from any meeting of the
city council, the vice president shall
discharge the duties of such president,
| and act i'll his place"
The mayor and Aid. BraZie believe
that this last quotation makes the preSi-
dent a city official, one of the
''other officers necessary for the
proper management of the af-
! fairs of the city," They think
! therefore, that the president of the
councils term is governed by the two
| year provision, and that the council
! had no right to remove Brazie so early
! in his term.
Here is the provision in the city char
| ter upon which the Kiichli side of the
case Is based, and it seems to give Pres
ident Kiichli the "lOng end"
The city council shall have power
! to remove from office any officer
of said city, whether appointed
/ by the city council or elected
! by the people; but no officer elected by
the people shall be removed except fOI
cause, nor unless first furnished with a
! copy of the charges. nor until such per-
son shall have had reasonable oppor-
! tunity to be heard. in person or by coun-
! sci, in his own defense"
The meat OF this provision is in the
first clause. Here it is specifically
stated that the council has power to re-
move any officer of the city. The pro-
hibition of removal of an officer eX
cept for cause is clearly made Il
apply only to those city officers who are
elected by the people. The natural con
| struction OF this provision is that any
other officer of the city-any of those
elected or appointed by the council
can be removed by the council at any
tine that the council chooses to do so.
Chief Justice Gilfillan Yesterday or
dered writ of QUO WarrantO to issue re
Quiring President Joseph l.. Kichli, o
the Minneapolis city council. TO appear
before him at 20 O'Clock a. III.
April 4, to show by what right ht
exercises the rights and privileges o
the presidency mentioned. The Orde
is issued upon information given bI
ex-President Henry w. Brazie, VIII
sets forth that he was duly elected
president, and that he was depOSe(
without any charges being preferred
and for no other reason on the face o
the proceedings but that one Lars NJ
Rand, also an alderman, said that he be
lieved in the principle of rotation il
Office, and he thought that BraZie hat
been in the chair long enough.