The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-07-04
ON WHICH COMPTRoLLER M'CARDY
HOLDS UP CLERK CoNROY's
PAY,
WITH THOSE NAMED BEFORE
CORPORATION ATTORNEY DARRAGH
SAYS HH- ISL NOT In 1T
LAT ALL.
EXPLAINS
Ground ON Which He Refuses to
Audit Some Of the OfacfaIs'
= aSaIaries.

Corporation Attorney Darragh, in
response to Comptroller McCardy's re-
quest. furnished the latter an opinion
yesterday relative to the application
to himself Of the law Of 1896 regulating
salaries Of city officials. Mr.. Darragh
quotes the proviso, printed in yester-
days G 9 e, which exempts from the
operation of the law all present incum-
bents, and provides that the salary of
city official shall not be reduced dur
ing his term of office. Mr.. Darragh
holds that the law therefore does not
apply to him, as he was not only elect
ed before 1T went into effect on July l..
1895, but before the date Of the ap-
prevail Of the act He was elected
March IL, 1895, and the act was APP
proved April 25, 1885,
Comptroller McCardy's action at
this time. in refusing to audit the sal
aries Of City Clerk Jensen and Corpo-
ration Attorney Darragh has excited
considerable comment among the city
officials and councilmen. They cannot
understand why he has waited until
this time in the cases Of these two Of
ficials both Of whom were elected over
year ago, before the law Of 1895
LndL
If there is any question now as to their
legal right to receive salary at the
rate Of $4,000 q year. the same doubt
must have existed at all times after
July l, 1895. Yet Comptroller McCardy
has audited their pay rolls every
month until the past month, without
questioning their right to the salaries
set opposite their names. True, they
have not been receiving pay at the rate
OF $4,000 a year. for all of the past Il
months, but they. have been paid at
the rate of $4,500 which is $500 in ex-
cess of the amount they would be en-
titled to If the law Of 1895 applies to
them. Why the comptroller has waited
until this time to take such action, as
already intimated, is something no.
body but J. J. McCardy can explain.
The comptroller has also refused to
allow the claim Of Clerk Conroy Of the
municipal court, for his June salary.
The salary Of the clerk Of the municipal
court was formerly $4,000, but the law
Of 1896 limits it to $1,000 a year. During
the past six months Mr.. Couroy has
drawn only 80 per cent of the salary
due him under the old law, or in other
words his salary has been paid at the
rate of $2,250. The comptroller struck
his name from the pay roll because, like
City Clerk Jensen, Mr. Conroy was
appointed clerk of the municipal court
In June, 1895, a date subsequent to the
date upon which the act of 1895 was ap-
proved. For that reason, according to
Comptroller McCardy, City Clerk Jen-
sen and Clerk Of the Municipal Court
Ccnroy are not exempt as present in
cumbents" from the operation Of the
act. Mr.. McCardy admitted yesterday,
that Mr. Darraghtwas not affected by
the law as he was elected in March. 1895,
which was prior to the passage and
approval of the act, but he insists that
the city clerk, clerk Of the municipal
court and the city treasurer, having
been elected subsequent to the approval
of the act, april rs, 1885, though prior
to July, 1885, the date prescribed as the
one upon which 1t was to take effect,
come within it's provisions. 49,
Though the act of 1895 did not take
effect until July /, 1895, Mr. McCardy
maintains that it affects all city Off
Gals elected or appointed subsequent
to the approval of the act He bases
this opinion upon the following lang
uage in Section z, Chapter 242.
Nor shall the salary OF any such officer,
deputy, assistant or clerk now holding office
and whose salary is fixed by law be decreased
during the time for which such officer, dep
pointed, nor shall any of the provisions of
this act apply to any of the present incum-
bents of any such Offices.
Under this wording, the present city
clerk and clerk of the municipal court
SO Mr.. McCardy holds, were not pres
ent incumbents'' within the meaning Of
the act, that is they were not holding
office when the act was passed, the lang
uage being now holding Office"