The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1894-04-27
THE COUNCIL.
Capt. j. X. Beatty Appointed President
of The B. of P. W.-AId. Fowler
Elected Vice-President OF The
Council.


night, and all of the aldermen answered
to their names at the call of the roll.
There was large attendance of inter-
ested spectators. The session was an
important one, and again lasted until
after midnight.
The election of a vice president OF
the council for the ensuing year was
taken up first, and Aids. Higgs, Pitcher
and Fowler were nominated, the two
former naming each other. A formal
ballot resulted as follows:
j. G. Fowier,3
c. II. Higgs =.
p. w. Pitcher, l.
The second ballot resulted in Aids.
Higgs and Fowler each receiving three
votes. Mayor Weaver cast the decld-
ing vote in Aid. Fowler's favor.
CITY attorney Young was called up
on for his opinion as to whether the
mayor could have the casting vote in
case of attic in the election OF officers,
and stated that while there was some
ambiguity in the charter in regard to
the matter, he was of the opinion that
the mayor had not the casting vote
and he SO decided.
Mayor Weaver stated that in his
mind the matter was all straight, and
Aid. Fowler was the vice president for
the coming year. If anybody wanted
80 contest it he had his way to do it.
Aid. Higgs stated that while he was
sorry that the matter had come up, 1T
was question that ought to be de-
cided legally, as matters OF import
ance might depend upon it later in
the year, when the question of legality
might arise. He could not look upon
the election as legal, and if the coun-
Gil was not legally organized it could
not do business legally. He did not
propose to sit in council Illegally Or
ganized and do business. The city at
torney, whose duty it was to decide
such matters, had decided that the
election was illegal.
Aid. Peterson stated that if the cleo
tion was illegal the old vice president
held over, and that the council could
do business.
Mr. Young stated that he had looked
the matter up thoroughly and had
consulted nearly all the attorneys in
the city, but they had differed. The
city attorney could simply give an
opinion, but the matter was for the
mayor to decide, but if the latter made
a wrong decision it would not hold in
the courts. Z The mayor having de-
clared Aid. Fowler elected, he was the
de facto vice president, and the way
to do was. to wait until he was Ousted
by legal authority, if he was not le-
gally elected. The mayor having de-
clared him elected, it was too late for
the mayor to reconsider, and it had to
stand as declared.
PRESIDENT OF THE B. OF p. w.
Mayor Weaver stated that he had
had many applications for the APP
pointment as president of the Board
of Public Works, and that all had been
by good men. Some would have to be
disappointed. He appointed John r.
Beatty.
Aid. Peterson moved that the APP
pointment be confirmed, and the vote
stood ayes, Aids. Fowler, Peterson and
Pitcher; noes, Aids. Bashaw, Higgs
and Widell. The mayor cast the de-
Gliding vote in favor of the confrma-
tiOn.
Aid. Higgs held that this confrma-
tion was illegal, as the mayor could
not vote upon his own appointment.
City Attorney Young held that the
confirmation was illegal, as the mayor
could not name man and then vote
upon him, and took the same position
as in the previous case.
Mayor Weaver directed, before
further talk could be had, that the
council proceed to the consideration
of the petitions and applications.
A petition was received asking that
the alley through blocks l, 2, 3, 4 and
5, Cummings addition, be widened
and opened up as street. 1t was re-
ferred to the Board of Public Works.
A remonstrance against the grading
of Fourth street at the present time
was presented. Itwas referred to the
street-.committee, pending the report
of the Board of Public Works upon the
matter.
A remonStrance against the con-
Struction of sewer to the brewery
was received. 1t was laid over until
the report of the Board of Public
Works should be received.
Apetition was received asking that
Front street be curbed, guttered and
replaced to grade between Elm and
Liberty streets. This was numerously
signed.
Aid. Peterson asked to have the
work stopped at Spring street instead
of Elm.
The petition was referred to the