St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-07-16
CORPORATION ATTORNEY OAR
RAGH GIVES COMMITTEE
MEN A LEGAL TIP.
THEY EXCEEDED AUTHORITY
IN ASSUMING TO PASS UPON THE
FORM AND SUFFICIENCY
OF BONDS.
) JUDGMENT
HORST,S
Y GOES.
ST. Peter Street Paving Is Some
whnt Delayed by an Over
sight.

AT its meeting yesterday after
noon the assembly committee on
ways and means received official
notification from Corporation Attor-
ney Darragh that it had been eX-
ceeding it's authority in passing upon
the sufficiency and form of bonds
accompanying contracts for city
work. Mr.. Darragh informed the
committee that such bonds given to
municipal corporations in Mime
sofa are by law to be approved by
the mayor, and that under the bona
law of the city of st. Paul, the cor
poration attorney APPROVES the bond
as to its form, and the mayor and
corporation attorney pass upon the
sufficiency of the SuretieS. Mr.. OAR
ragh further stated that the form
Of the bonds used by the city of st.
Paul was sufficient under both the
city charter and the general law. and
that it was not within the province
Of the common council to refuse to
approve of contracts when the bond
to insure the faithful performance
of the same had been approved by
the mayor and corporation attor-
ney, on the ground that the council
might think the sureties accepted by
the mayor and corporation attorney
were not sufficient sureties.
Under this ruling, the committee
approved the contracts for erecting
the additions to the Cleveland and
Lincoln schools, without further con-
sidering the accompanying bonds
which have been legally approved
by the mayor and corporation at
torney.
HORST CAN DRAW.
The committee considered the res
olution instructing the city attor-
ney to take no further action in the
matter of the suit brought against
the city by ex-City Treasurer c. L.
Horst, and to permit final judg-
ment to be entered against the city
for the amount of the claim. The
chances of a reversal of the judg-
ment of the district court in case of
appeal were considered very doubt
full, and, Furthermore, as a matter
of equity, the committee recon-
mended the resolution to pass, mas
much as Mr.. Horst had actually per-
formed the services for the city on
which the claim is based.
A CONTRACT OVERLOOKED.
Through an oversight of the COM
mittee which came to light at it's meet
ing yesterday afternoon, the contract
n cd INyt hn IF 10 rIy
to Hennessy & Cox forpaving st. Peter
with asphalt from Third to Tenth
street, was not approved at the meet
ing of the assembly a week ago last
night, but remained in the hands of
the committee to whom it was referred
the same evening for approval of the
bidders bond. Two other contracts,
namely that Of Frank Mcclellan for
paving Sibley street with granite, and
that of Fielding 6, Shepley for laying
cedar block pavement on st. Peter
from Tenth street to College avenue,
We're received by the committee upon
same occasion and the committee duly
approved the bonds in each case and so
reported to the assembly, whereupon
that body confirmed the awards made
by the board Of public works. These
z
the approval of the board of aldermen
tonight, whereupon. the contractors
may begin work at once.
In the case Of the Hennessy & Cox
asphalt contract, however, the COM
| mittee made no report and did not
consider the contract and bond until
yesterday. The bond is executed in
the sum of $1,000. and Charles l. Nc
n
the sureties. The committee did not
approve the bond then and there, but
referred the contract and bond to the
| city attorney with instructions to OBJ
| tain from the sureties a statement of
their assets and liabilities that would
as Mr.. Lewis remarked, serve in all
future cases, as Messrs. Mccarthy and
Donnelly occasionally act as sureties
| for city contractors who perform
| city work. The committee expressed
no doubt of the sufficiency of the sure
ties. This action causes no further
delay, as the committee will meet
| Thursday afternoon, receive the con-
tract and bond from the city attorney,
| approve the bond and recommend the
award of the contract by the assembly
| Thursday night. In the ordinary
| course of events the contract will not
reach the board of aldermen until Aug.
6, as the board has no regular meeting
in July after tonight. 1t is likely,
however, that a special meeting will
be called to confirm the contract, so
that Hennessy & Cox may begin work
on st. Peter street in the course of a
! week or ten days.
-FOUR CONTRACTS LET