The Saint Paul globe., 1897-05-19
PLIES FOR A WRIT OF MAN
DAMUS.
COMPTROLLER TO EXPLAIN.
WHY HE REFUSED ITO SIGN THE
CONTRACT WHEN TT GOT TO
TO THE b. OF p. w.
Returned With the InfOrma ati on That
the Award Was the Lowest and
Due to Stand.

The st. Paul Sidewalk company has
commenced proceedings against Comp
troller McCardy for the purpose Of
having him, as an official. countersign
the contract entered into between the
company and the city. E. s. Durment,
attorney for the company. yesterday
appeared before Judge Kelly and Sc
cured the issuance of q writ of manda-
mus directing the comptroller to appear
before Judge Kelly Saturday morning
and show cause why he refused to
countersign the contract.
The petition accompanying the writ
sets up that the St. Paul Sidewalk
company is corporation, and that the
greater part of the capital stock is held
and owned by citizens of Minnesota
who reside in St. Paul; that the presl-
dent, V. Berchem, and the treasurer,
A. ]. Hoban, are each residents and
taxpayers of the city of st. Paul; that
the company has an Office and factory
in the city and is ready to carry ous
the contract entered into with the city.
It further alleges that ]. ]. McCardy.
as city comptroller, refused to coun.
tersign and file the contract as directed
by law. but, instead, arrogated to him
self the powers of,eethe board Of public
works and the right to control the ac-
ton of the board by returning the con-
tract and bond to the board with the
recommendation that the contract be
let to the next highest bidder.
Mr.. Durment, speaking Of the case
yesterday, said, So far as the st. Paul
Sidewalk company's contract was con-
cerned, the duties Of the comptroller
were purely ministerial. The contract
had been let to the lowest, and, as ne
was prepared to show, responsible and
reliable bidder. The board Of public
works had approved the contract, as
had also the two branches of the COM
mon council. The bond in the sum Of
$4,000 had been approved by the city
attorney as to form, and the suret1es
approved by Mayor Doran. All that
the comptroller had to do under the
charter was to countersign and file the
contract. No objection had been raised
by the comptroller as to the illegality
of the contract or bond. and the instru-
ments were not attacked by the Of
fetal Mr.. McCardy had simply raised
point as to what he thought should
be done in the matter, and for this rea-
son had refused to countersign the
contract. There was little doubt, Mr..
Durment thought, but that the court
would direct the comptroller to affiX
his official signature to the contract.
When the contract was sent to the
comptroller by Mayor Doran, after that
official had affixed his signature and
approved the bonds; the comptroller
sent 1T back to the board Of public
works with the recommendation that,
as the next highest bid was only a tri-
f1e higher than that of the ST. Pau!
Sidewalk company and the latter was
an outside corporation, the contract be
let to U. B. Curtis.
The board Of public works yesterday
sent to the comptroller the following
communication:
Hon. J. J. McCardy, City Comptroller: Your
communication of the 18th returning con-
tract of the st. P. Sidewalk Co. for construct
ing, relaying and repairing cement sidewalks
for 1897, at hand. By order Of the B. P. W.,
I herewith return said contract with the
statement that said board, after considering
the statements as set forth in your communi-
cation, Is still Of the opinion that the st, P.
Sidewalk company Is the lowest reliable bid
der, that the award as made by said board
has been approved by both branches of the
common council and the contract executed
on the part of the city by the president of
said board. The board is, therefore, Of the
opinion that 1t has nothing further to do in
said matter John Copeland,
s President B.. P. w.