The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-09-13
IN BEHALF OF THE OLD BOARD
TO COMPEL HIM TO SHOW HIS
RIGHT TO HIS
POSITION.
DEMURRER is EXPECTED SOON
To Bring the Matter Up for Imme di-
ate Determination by the
Courts.

of the law deposing the board of pub
lie works sand substituting therefor a
commissioner of public works, begun
in the supreme court yesterday morn
ing. The matter is now before the
supreme court and it is believed an
early decision will be reached. At
torney General Childs has asked for a
writ of quo warranto in behalf of the
members of the board of public works
against John Copeland, the commits
sioner of public works. The informa-
ton in the usual manner alleges the
Incorporation of the city, and the eX-
istence Of the board of public works,
and that under and by the order of
the alleged law passed by the legisla-
ture in 1895, the common council as
sumed to accept for the city, and
Mayor Doran assumed to appoint a
commissioner of public works. 1t fur
Their alleges that Commissioner Cope
land, by force of arms, seized and took
possession of the office room, files,
records, seal and papers of the board
of public works, and that he now as
sumes as commissioner to perform the
duties of the board of public works,
the board from performing the duties
prescribed by statue. The information
asks that Commissioner Copeland be
summoned before the supreme court to
show quo warranto why he assumes
to exercise the duties of the board Of
public works and thus hinder and pre-
vent it's members from performing their
duties, and to show cause why he
should not cease to thus interfere. A
writ 10 in a
signed by Chief Justice Start, and
served on the commissioner yesterday,
is made returnable Oct. 6.
The information has evidently been
drawn with a view to eliciting a de-
murrer from the respondent and set
thing the case on the law without I'M
necessary delay. The information is
signed by the attorney general with
Eller, How & Butler as attorneys for
the respondents W. L. Chaplin will
appear for Commissioner Copeland
when the case comes up for hearing.
The information is substantially as
follows:
Attorney General Childs, in behalf of the
state and Richard L. German, John G. Quin-
by, William Banholzer and Robert N. Hare,
states to the court:
First, the facts of the Incorporation Of the
city Of st. Paul.
Second that it has existed as such corpor-
alton during more than ten years last past,
and has duly used and exercised all its powers
granted under the act of incorporation, and In
connection Herewith and as a part of thereof
has established and mbaintained during all
said period, and, still maintains, board of
public works of the said city constituted and
organized as provided in said act.
ThaS said board of public works has during
all of such time done and performed the
duties of 1t required by law, excepting as
hereinafter set forth.
That at various dates during that period
the said city Of st. Paul has entered into a
number of street paving contracts providing
for the expenditure by said city in the ag-
gregate of $500, O0O each of which contracts
has been partially executed, is still partially
eXecutory and remains in full force and effect.
Exhibits and B attached display the
form of contract and specifications therefor.)
That prior to Aug. l, 1896, the said Cor
man, Quinby, Banholzer and Hare and each
thereof had been duly appointed member
of said board and had duly accepted and
qualified and had duly acted such and per-
formed the duties thereof as required by law,
and they were then and still are duly qualified
and acting members of the board.
That in about the month of July, 1896,
the members of the common council of the
city of st. Paul adopted by two-thirds vote
of all the members of said common council
the following:
1.-The common council of the city of St.
Paul do ordain:
Section l. That the common council of
the city of st. Paul, in the state of Mime
sofa, city embraced within and under pro-
visions of chapter 22S of the General Laws of
1895, do hereby adopt chapter 228 of the Gen
eral Laws of the state of Minnesota for the
year 1895, the same being An act to provide
for departments of public works and the
making of public improvements in cities of
over 100000 inhabitants. and all of the same.
And said city of st. Paul does hereby adopt
said act and all the provisions thereof.
Sec. 2. This ordinance shall take effect
and be in force from and after Aug. 1, A. d..
1896, Inclusive Of said date
That said action of the common council of
afterwards Of
July approved by the mayor, and thereupon
and prior to Aug. 1, published in the official
paper of the city.
And thereafter and on the LIST of August
the mayor, assuming to act under and by
virtue of said chapter 22S and the adoption
thereof by the council, assumed to appoint one
John Copeland as commissioner of public
works of said city.
That said Copeland thereupon subscribed
to the oath prescribed in section of the
act, and filed the same with the city clerk,
and on Aug. /, assuming and claiming to
act such commissioner, under that pre-
tended appointment and not otherwise with
strong hand and by force of arms. wrong
fully and unlawfully entered the office room
of said board of public works, then SITUATE
in the city hall and court house, and wrong
fully intruded himself into. and seized and
took possession and control of the office,
and of the seal, books, files, records and
papers therein, of and belonging to the office
of the board. and the business thereof. and
has ever since maintained the custody and
control of that Office and the books, records,
etc.. pertaining thereto, ana mas assumed ana
pretended to perform and discharge duties
belonging to the board of public works, and
does now pretend to perform such duties
and does now unlawfully retain custody of
the Office etc., and does exclude the said
Gorman and others from the office and pre-
vents them from performing their duties as
members of the board and assumes and pre-
tends to be commissioner of public works.
In contempt of the laws and against the
dignity of the state of Minnesota and to
the great danger and prejudice thereof.
of others
Aug 1 1896, and ever since have been COM
petent and ready and willing to perform and
discharge the duties of said board. and have
been prevented and hindered from performing
these duties by the unlawful us,'rpaticn of
office, and by the unlawful custody and con.
troll by the respondent, John Copeland, of
their Office books etc.
Wherefore, the relator and said German
and Others pray that writ and process of
your honorable court be issued, directed to
John Copeland commanding him, at a time
and place to be named to appear before the
court to show by what warrant he assumes
to act as commissioner of public works.
and by what warrant and authority he as
sumes to maintain custody and control of
said Office books. files. ETC., of the board of
public works; by what warrant he binders
and prevents the board from discharging its
official duties, according to law; and to show
cause why he should not surrender said
office and its records, ETC., to the relator and
their successor in Office, and cease to in
trude himself into the Office and the duties
pertaining thereto, and cease to interfere
others of the duties of their Office and to
abide by the order of and judgment of the
court
WILL GET HIS PAPERS.