The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-11-27
DECISION OF THE SUPREME COURT
IN THE BOARD OK PUBLIC
siW9RKs.
KNOCKS OUT ANOTHER PET
OF THE REPUBLICAN GANG-THE
COUNTY SALARIES LIMITA-
l TfbN.
COPELAND Twill SURRENDER.
He VIII NOtGMake Amy Opposition
to the Restoration of the Old
Board.

WIN Inc collapse OF mayor DOfdn
board of public works scheme follows
the law that was to regulate the sal
aries of county officers. There was
too much special legislation, which the
constitution especially forbids, there
fore the good Republicans who fixed
things two years ago have had their
work for nothing
Mr.. Copeland will not wait for the
writ of custer. The old board will go
into office Dec. l. the few Intervening
days being necessary to enable Com
missioner Copeland to straighten out
the affairs of his office.
Mayor Doran did not have a pleasant
Thanksgiving. With the collapse of
the board Of public works bill it fol-
lows that the actions of Commissioner
Copeland must be decidedly Illegal The
appointment of Commissioner Copeland
by Mayor DOran was contrary to the
advice of good Republican lawyers,
whose partizanship did not lead them
to support the mayor in his efforts to
pay election debts. G. N. Bell, author
of the Bell charter, and one of the
best Republican lawyers in the city,
personally and publicly advised Mayor
Doran not to interfere with the old
board of public works. 1t was pointed
out to the mayor at that time that the
law was detective; that it was uncon-
stftutional; that his action under that
law would certainly be overruled by
the supreme court. But the mayor in
spite Of this advice paid his election
debt. 81
Hon. Eli 8. Warner, who introduced
the Dill in the house at last session,
said last night: 81 introduced this
bill, which was drawn by City Attor-
ney Chamberlain. with the assistance
Of Walter L Chaplin. At that
time it was known there were weak
points in the bill, but it was believed
that the taxpayers of the county and
city who wereQ anxious to reduce eX-
pense would support the measure 1t
was thought that the defects would be
| overlooked by the court as well as the
people because Of the reform that it
attempted. The reversal Of the board
of public works measure means also
that the county salaries bill has been
overturned. 1t is not necessary now
| that any county official whose office is
payable In fees should restrict himself
to the $4,000 limit prescribed by that
law In other words, Sheriff-elect
Wagner, whose Office it was specially
designed to reach, may follow his pre-
decessors in the acceptance and reten-
ton Of fees received in his Office
Attorney Bell said: "It was never
intended that the fees of county Off
| GERS should be interfered with. The
law affecting the salaries of county Of
f1cers was introduced for the purpose
Of preventing effective legislation of
| the same subject. It was the purpose
of the persons who drew that law, and
who presented it In the legislature, Of
| interfering with any measure that
might be effected in controlling the
salaries of county officers in the state
1t was known that members of the
Ramsey county delegation supported
| the measure solely for that purpose
1t was possible. and is now possible,
| for the legislature to pass a law fixing
| the salaries of county officers in such
| a manner that it will not interfere with
| the clause in the constitution relating
| to special legislation. But the board OF
| public works bill and the county sal
| aries bill are clearly defective and
| worthless"
Commissioner Copeland will not offer
any contention, but will surrender the
| office to the old board. He has been
advised otherwise by the mayor and by
| his attorneys, not in the hope that he
| would be able to retain the Office, but
| purely for the purpose of offering OPP
| position. Mr.. Copeland will be in the
| office today, and will offer every as
| sistance to members of the old board.
| Capt. German and his associates of the
| old board will probably move into the
| rooms of the board today. Commits
sioner Copeland is of the opinion that
his acts while in office are legal. It
| is true that there has been but a small
amount Of business brought before
! him during the four months of his in
cumbency. Even the city council has
been slow in sendfng measures to the
| nffin0 nnndir o. n decision a
supreme court. = Mr. Copeland has act
| ed in every case under the advice of
| attorneys, and his actions have been
so hedged about by legal propositions
that it is possible he will not be held
personally responsible for any Of the
that some of the decisions of the re-
firing commissioner will be reversed,
and that the city will be at loss.
The heaviest item Of expense to the
city will probably be the payment OF
salaries Of the old board and it's clerks
for the four months of enforced idle
ness. Commissioner Copeland and his
clerks have drawn salaries during that
term, which sum will also be a loss
to the city. Mayor Doran will allow
the city to pay this sum as the result
of his bad judgment.
Jared How, who drew the brief for
the board Of public works. said:
doings of Mr.. Copeland as commits
sioner appears to me at first blush to
! be rather an interesting one. [ have
as yet had no time to consider it. There
is some doubt in my mind whether
! he may be considered as having an
| Office de facto in sense such that his
acts will be upheld as legal. The
board has been in office all the time
| and has continued to do the work
| of the office so far as it has not been
| prevented. My view is that the board
| is in duty bound now to pick up the
| lines where they were broken in Au-
| gust and go ahead from that point as
| far as possible las If nobody had inter :
| fered in the meantime. I do not think
| that it will be justified in accepting
| Copeland's acts inC the interim as its
own whether in work heretofore be-
gun by the board or in work instituted
by Mr.. Copeland. g The board will no
doubt be guided from now on by the
advice of the city attorney. My con-
| nection with the matter is at an end.
| excepting so far as concerns affairs of
other clients. who have interests in
volyed. [ apprehend that there will be
| more or less trouble in Strengthening
| things out"
The decision Of the supreme court
| provides for writ Of custer in case
| Mayor Doran and Commissioner Cope
| land, acting under Ethe advise of their
| attorneys, should take advantage OF
| the ten days provided by law to con-
| test the decision of the court. Mr..
| Chaplin, as attorney for the city, and
as one Of the attorneys who drew the
| law, would, under the circumstances,
be expected to offer the usual legal
protest against the decision. But Com
missioner Copeland has intimated that
| he personally will offer no contest,
| therefore it is presumed that Mr.. Chap
| in will accept the decision of the court,