St. Paul daily globe., 1896-04-14
N'cARDY HIT AGAIN
COURT DECIDES HE SHOULD HAVE
AUDITED THE POLICE PAY
ROLL.
WOULD HAVE SAVED MONEY.
: :
THE LAW OF 1892 FINED THE
PAY UNTIL SUCH
TIME
AS SOME OTHER LAW CHANGED 1T.
Judge Kelly Goes Into Legal Rea-
sons Why Policemen Should Be
Speedily Paid.

Comptroller McCardy has cost the city of st.
Paul another unnecessary expense through his
official stubbornness. In the face of two or
three decisions of the district court, Mr.. Nc
Cardy still insisted on debating how much
salary the st. Paul policemen were entitled
to, and Judge Kelly had to read the astute
comptroller another lesson on the subject.
This was in the case of the $50 policemen who
brought suits to recover their salary for jan
uary and February of the present year. The
cases were tried in Judge Kelly's court, and
ended yesterday in a verdict for the plaintiffs,
by direction of the court.
When Chief Clark sent to the comptroller
the pay roll for January, the latter, instead of
auditing it, and sending it to the council, as
usual, returned it to the chief, with the infor-
nation that he would refuse to audit it, unless
the chief made it out at the rate of salary
agreed upon by the conference committee.
Chief Clark wrote him in return that he had
no authority to make out the pay roll at any
rate other than that fixed by the common
council. Judges Otis and Kerr, in two previ-
Gus cases, had passed upon the question of
pclicemen's salary, in the absence of the an
nual regulation thereof by ordinance, as pro-
vided by the charter, and both had held that
the rate established by the council in 1892 con-
tinued to be the regular rate until changed by
the council.
No change had yet been made but Dictator
McCardy thought it was time there should be.
and so remained obdurate. He treated the
February pay roll the same way, and also
that for March, after the suits had been begun
f,fo
monument Mr.. McCardy bequeaths the tax
payers as a reminder of the expensive luxury
he hasabeen to. them
In passing upon the motions of the respect
i've sfdes Tor instructions to the Jury at the
conclusion of the hearing yesterday, Judge
Kelly said:
These actions $50 in number, are prosecu-
ted by the officers of the police department
against the city of st. Paul to recover the
amount claimed to be due each plaintiff on
account Of his salary for the months of Jan
uary and February, 1895. The complaints
allege the appointment of each plaintiff his
rank the annual salary fixed, the fact that
the same has been duly fixed, and the rendi-
ton OF services for the months in question
ana failure to pay on demand. The answers
admit all the allegations In the complaint ex-
cept that the salary of the plaintiffs has ever
By the charter, the police department of the
CITY consists of chief, certain officers known
as captains, Heutenants, sergeants and patrol
chief and assistant detectives, and the law al
lows the chief Of police a clerk. The maxi
mum compensation Of all, or most of these Of
hcials, is determined by law but with the
provision that the compensation shall be fixed
by the common council The law is, silent as
70 when this compensation shall be fixed, fol-
what length Of time any council NAV fix il
or in what particular manner.
In Calvin VS., the city, 5S Mimi, 475. the
Supreme-couEt- iRtnates that this should be
done lin an orderly way, and by resolution
of each n CT
Ihe precise point was not, however before the
court, and not necessary for that case. But
1nasmuch as in the same opinion which was
rendered Aug. 16, 1894 the court held thai
the council at that late date still possessed
the right to fix salaries for the police fol
the prior year. beginning Nav 1899 To NaI
L, lSS3 1t would seem to follow that the coun.
ell might also fix such salaries for Longer
period than one year. subject, of course al
ways TO change by the same any othel
council. This is reasonable in view of tht
TACT that it concludes no other council ant
because the law seems to leave it entirely
discretionary.
On Sept. 10, 1892 a resolution adopted Sent
o by the board of aldermen and Sept by
the assembly, by an unanimous vote in each
instance, was approved by the mayor This
resolution has not been repealed altered OF
amended in any way since that time 1t fixeG
the salary of the chief of police at So 500 pel
annum and his clerk at 1,O0O; captain, 81, 400
leutenants, 81, 200; sergeants, 81 ,000 and pa
trolmen, $500; chief of detectives 81 OOO anC
his assistants each $1,000. BY this resolution
the salaries so fixed were ito be continued
until such time they may be in
creased or diminished by lawful authority
Since Sept. TO- 1892, the common council
has, month by month, down to and includin,
December, 1895, passed. approved and ordered
paid the regular police pay roll, upon whcl
each of these plaintiffs name appears, witt
the designation of the rank held by each ant
in which the yearly salary fixed and allowed
each officer is named at the sums fixed in tn
resolution of Sept. 10, 1892. These pay roll
have been regularly audited by the comp
troller and paid out of the city treasury.
1t appears in evidence that the funds t
pay these officers have been properly pro
vided. The answers admit that each of thes
plaintiffs has during his term of servic
Cmany of them very long,. 'and ncludin
the months of January and February 1896
diligently and faithfully discharged the du
ties of his said Office and position, and rem
dered and performed the necessary and req
uisite services and duties thereof for the de
fendant in the capacity aforesaid The onl
reason urged why the city does not pay 70
these services so rendered and accepted a
satisfactory is that the city has not for th
year 1896 fixed the compensation each office
shall receive.
Whose duty is it to fix this CONDENSATION
1t is, of course, the city's duty. The cit
ought not to be heard to make such a dc
fense. 1t is pleading, if true, its own wron
in justification. But it has fixed these sa
aries 1t did it by the resolution of Sept. l,
1892 and reiterated and reaffirmed it's actio
every month since that date down to and ir
Guiding last December That resolution doe
all future time. But as long as the city cor
tinues these officers in it's service: and az
cepts their services, without changing as
might do, the rate of conversation; that res
olution fixes the rate. And surely, where tn
common council has repeated in substanc
this resolution. month. by month down
and including December, 1895. 1t cannot /
successfully urged that the compensation {
these officers has not been fixed for the tin
in controversy.
Distinction ought to be made between an
in favor OF officers who have actually rel
dered service. and whose pay is withhe
upon the merest teehncality, and person
irregularly discharged and who have rendere
no service whatever. 1t is" cases of the latt,
class which are relied on by the defense
these actions. They do not apply in the
cases.
The city OF st. Paul is abundantly able
pay its police. Those charged with such du
should, in -deeeDey,, see. to it that this