St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-11-17

tanned
At the last meetings of the board of
aldermen and assembly, a resolution
was passed directing the proper officers
to issue warrant for $500, to be used
by the mayor as contingent fund. 1t
was explained by one OF the counclmen
that the amount was to be used by the
mayor in paying the back salaries of
Henry Flint and William Tubesihg.t two
assistants in the Office of the police pa
troll alarm system, from July l to Nov.
L. The men were placed on the police
pay roll some years ago at salary of
$40 each per month. On June Is,
Comptroller McCardy notified the SUI
perintendenJ of the police patrol alarm
that under the charter he was paid a
salary of 5000 per year, out of which lie
was TO pay all assistants. Snch being
the law, the comptroller notified Supt
2irge that after July l the two
men would be stricken from the roll,
and would have to be paid by him if
continued at work. Acting on the adj
vice of persons who claim they have a
pull with the mayor the men kept Oh at
work, the idea being that as the council
had ordered tine work paid for by res
olutionS, salary could he claimed until
the resolutions were repealed by the
council.
Comptroller McCardy insisted that
the charter stated plainly how the as
sistants in the department were to be
paid, and held that the action of the
council in passing resolutions putting
them at work was contrary to law, and
therefore Illegal. When the order Civ
ing the mayor $500 reached the comp
troiler's office that official wrote the city
attorney as follows:
II have the honor to submit for your
inspection the incloSed resolution. and
the information that the object of the
disbursement is to pay wages for which
the city is not liable 10 men in the en-
ploy of the police patrol telegraph. On
June Is last tile superintendent was
notified that pay for such employees
would not be allowed after July l, 1893
This resolution allows pay for the two
men from July l to Oct. 81. 1t was
stated in the council that the object of
the contingent fund was to pay these
claims. request your opinion as to the
power of the council to pay claim III
this manner"
City Attorney Chamberlain replied to
the letter of the comptroller yesterday
in the following opinion:
ut is unnecessary for me to say what
you already know, that if the city is not
liable to men in the employ of the Su-
perlntendent of police patrol it is not
lawful for them to Oe paid directly or
Indirectly by the city. If you choose to
Investigate the method III which the
mayor spends his contingent fund and
anticipate the method is going to spend
1t Ill the future and by such investiga-
tons obtain information that you feel
like taking the responsibility of refuS-
ing to pass the order you have strict
legal right to do SO. The law is as
have above stated"
Acting on the opinion of the city at
torney the comptroller will refuse to
make out the order for the con singent
fund and the two operators will be com
PEELED to commence suit IN an effort to
secure their back pay. Henry Flint,
after hearing of the position taken by
the comptroller, decided not to work
any LONGER for nothing, and yesterday
handed in his resignation to Supt Birge.
1t is understood that in order TO facili-
tate the police alarm system one Of the
patrolmen will be detailed by the mayor
to assist in the Office at the central sta
ton during portion Of the day.