St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-02-17
IN VIOLATION OF LAW.
WE'RE TIE RULES or TIE BOILER M
SPEcT0RS' BOARD
THAT CLARK ACTED UNDER.
The Law Makes Two Years the
life Of an Engineers License,
But the Board Adopted Rule
Taken Out Yearly - Strange
Error for Officials. 20


Requiring Licenses to Be
Taken Out Yearly Strange
Error for Officials. g
Complaint was recently filed with
Gov. Nelson by w. j. Freany. of ST.
Paul. charging that Chief Boiler In
spector Clark, and those operating .un-
der him, had been and were in the habit
of issuing licenses to engineers ant
nually when the law prescribes that
these licenses shall be renewed but
once in two years. Before making his
charges Mr.. Freany visited the offices
of the engineer at the Globe, city hall,
old Pioneer Press building and the Mer-
chants hotel, and gave the names of
Dunn, Joy, GruUe aud Peterson as per-
sons he expected to prove his charges
by.
Clark claimed that he had made no
charges for examination except in exact
accordance with the law. and that all
licenses were issued exactly as the law
required, and the board produced its
records to show that Clark was justified
by their orders in doing as he had done.
Examination, however, proves that
while Clark is sustained by the rules of
the board. the board was wrong In its
construction of the law, and yesterday
amended its rule, making the certiii-
Gates good for TWO years instead of one.
The facts are these: The boiler in
spection law of 1889 provided for four
classes of engineers, each having differ
pUt Qualif nations liophSa IN h., ,rro nt ad
in each case to be renewed biennialiy.
1t also provided that the board should
meet and adopt rules aud regulations to
carry out the purposes of the act not in
conflict with the laws of the United
States pertaining to navigation or the
purposes of the act in question, and that
these regulations, when approved by
the governor, should have the force of
law. The law being indefinite and I'M
certain in some respects, the board met
and adopted certain rules, among
which was one providing that the
grade of an engineer should not
be raised during the time for which his
license was granted unless proper rea-
SONS were assigned therefor. This rule
was approved 10y the governor. But it
led to world of trouble, for on the one
hand it was assumed that the engineer,
even if he lacked only few months of
service to qualify him for a higher
| grade, could not surrender his old GER
| tlhcate nor be given new one as long
| as that was in force; that he must serve
out his time before he could advance,
and so to meet this difficulty new rule
tad in foiiO
| engineers licenses shall be renewed
annually. Or as often as the term eX-
pires." This was approved by the
! governor, and was supposed to have
the force of law. And it is now claimed
| that the one-year certificates were
| issued under this rule. Investigation.
however, proves that the one-year
! certificates were issued as early as jan.
| 4. 1890. or one year before this rule went
| into effect. 5y
The governor has not yet passed upon
the case as presented by Mr.. Freany
| nor will he do so until Mr.. Clark pre-
/ sents his explanation. 1t is understood
that his explanation will be that he was
authorized by the board to issue license
| for one year and that tine board will
| hold that lie acted strictly under their
| rules.
The fact remains, however, that un-
| der authority of the law that permits
| them to make regulations that shall
have the force of law when approved by
| the governor. they have assumed legis-
| lative functions and have amended the
| law so as to provide for annual eXamin-
fAr
! the law says the licenses shall be good
| for two years unless revoked for cause.
They see their error and have made
rules to conform TO the law.
| Thosr who have certificates for one
| year are entitled under the new rules to
| have them renewed tor another year
without charge. While Mr.. Clark mas
not been condemned beyond changing
| rules to conform with the law, final
| judgment will not be rendered on the
complaint preferred until the explana-
ton is formally before the governor.
The governor holds that persons are not
barred from receiving certificate in
the higher grade if they become quail
fed for that grade during the life of
their old certificates. 1t was on the
theory that they could not advance un-
til the life of the old certificate expired
that the members OF the board based
their action changing to one year.
There have been about 1900 examina-
tions of engineers during the past year
A large number of boilers have been
| inspected. and of these several hundred
have been rejected. Two of the boilers
rejected went to Dakota and exploded
there, with loss of life. There were
seven explosions i'll Dakota last year,
aud seventeen lives lost, while there
were no explosions in Minnesota. Now
that misunderstanding are cleared I'D
there will probably be no further COM
plant in relation to double charges, for
that was the practical effect of the one
Yesterday.