St. Paul daily globe., 1895-11-23
is BEATEN AGAIN.
j. j. WCARDY RECEIVES A ABLACK
s EYE FROM THE SUPREME
/ E---T177 -7T177-I7 '-' COURT.
LOWER COURT SUSTAINED
IN THE MATTER OF THE GAS
LIGHT co. AGAINST THE
COMPTROLLER.
AN IMPORTANT TAX CASE
Decision In u Question That Has
Been Before Hennepin County
LOWER COURT SUSTAINED
AN IMPORTANT TAX CAsE

! OF the six decisions handed down
by the supreme court yesterday the
most important one is that affirm
| ing the decision of the lower court
in the case of the st. Paul Gas Light
company against Comptroller Nc
Cardy. This was mandamus pro-
ceeding to compel Mr.. McCardy to
audit and report to the city council
the claim against the city for light
according to the contract made with
the joint committee. The questions
! involved relate to the construction
! of local legislation, the court
holding that the contract is valid as
far as the city is concerned on the
ground that the city hall and court
house commission is an Independent
body; that it is not department
! either of the city or county, but
/ special body controlled neither by
the city charter nor the law regulat-
ing the municipal government of the
city or of Ramsey county, but is
governed by the law creating the
| commission. 1t is also held that the
construction placed upon the law by
| Comptroller McCardy to the effect
! that the powers of the commission
! are limited to the hiring of Gus
todian, janitors and others for per-
| sonal service is too narrow; that
the manifest intention of the law
was to give the commission entire
charge of the building, and to do and
provide whatever might be neces-
sary to maintain the building in a
condition fit for occupancy and use
for the public business
The syllabus follows:
State ex rel. st. Paul Gas Light Com
pany, respondent, VS.. J. J. McCardy
as Comptroller of the City of st. Paul,
appellant. Syllabus:
First-The joint committee created
| by Special Laws 1889, chapter GA, has
entire charge of the city hall and court
house, and has authority to contract
| for heating and lighting the same. so
| use for the transaction of public busi-
ness.
Second-This committee is, not a de-
| partment of either the city or county
government, but a distinct and indie
pendent quasi municipal board or body
Its powers, as we'll as the mode of eX-
ercising them, are determined exclus-
lively by the act creating it and by the
| general rules of law, and not by the
provisions of the city charter regulat-
ing the municipal affairs of the city.
Third-The BELL charter subse-
quently enacted, did not by implication
repeal or in any manner modify the
act of 1885 or in any way affect the
powers of the committee created by it.
Fourth-At least in so far as execut-
ed by furnishing the light, a contract
made by the committee for lighting
the city hall and court house for three
years is valid and the city and county
are liable in their proportionate shares
for the payment of the light thus fur
nished.
Fifth-Where. a claim against the
city is a legal and valid one and there
is sufficient money in the city treasury
to the credit of the appropriate fund
to pay it, mandamus will lie to- compel
the city comptroller to audit and ad
just it and report to-, the city council
for payment. Judgment affirmed.
Mitchell, ].