The Saint Paul globe., 1897-09-17
AN INCIDENT or THE COUNCIL.
BOARD RELUCTANTLY BROUGHT
TO LIGHT.
PASSED AFTER SOME TRIMMING.
ems yCrfticised the Haste
With Which MayOr DOran Has
Made His Appointments.

Mayor OBSERVATION-DISCLOSURES jerry
Sullivan, will get the SIP the city owes
him without law suit. The board of
aldermen passed a resolution to this
effect, without hesitation. The as
sembly strained-and then swallowed
the pill whole, as pills are swallowed.
For jerry is relic of the past ad-
mln1stration, most distasteful to the
reform mayor. and not to be tolerated
1t happened last night at the regular
meeting of the assembly, and it was
reserved for the final act of that body,
which is nothing if not deliberative
How it came to be thus postponed will
appear.
After the assembly had disposed of
all the new business at hand, accept
ing the street railway ordinance, which
was specially laid over for later ac-
tion, the members comfortably adjust
ed themselves to their chairs and
awaited the file from the board of aid
ermen. In that file there should have
been resolution authorizing the pay
ment to Jerry Sullivan, of the SLIP due
him as salary. for the period that
elapsed between the time that Mayor
Doran divested Jerry of his star and
the date that the council concurred in
such action. But no such resolution
appeared, whereat, Mr.. Sullivan and
his attorney, E. J. Darragh, who were
present, marveled much.
Mr. Darragh was once upon a time
corporation attorney himself for St.
Paul, and he scented a rodent, or
thought he did. He at once moved
about the council chamber, in an uI,-
cbtrusive way. Siding up to Assem-
hlyman Dix, of the ways and means
committee, which had the Sullivan
, claim under consideration, Mr.. Dar-
ragh asked what had become of the
paper Mr.. Dix must have told Mr.
Darragh something, for the ex-corpora-
ton attorney 1glided with surprisin g
celerity across the chamber to the
corporation attorney and said a few
words to his successor in office. The
latter then held brief conference with
Mr.. Dix. none of these motions i'll
terfering with the proceedings Of the
assembly. Mr. Dix was seen to ap-
proach the clerks desk and hand UP
a paper, but nobody knew what it was.
But, after the street railway ordi-
nance had passed and a motion 10
duced a paper that looked Suspiciously
like the document Mr. Dix had passed
up and read it, 1t was the audited
resolution that concerned Jerry SulIi-
van 2or
It was submitted by the committee
on ways and means, but without rec
cmmendation by that cautious body.
Mr.. Dix explained why. There were
other claims against the city of a SIM
n nj had
been submitted to the corporation at
torney for an opinion as to their valid
ity. Mr.. Markham's verbal opinion
had been requested at first on this
particular matter, but on second
thought it was referred to him with
the others, that he might prepare one
opinion that would cover all.
Mr.. Darragh was granted the floor.
Mr.. Darragh informed the assembly
that the honorable corporation at
torney had already expressed his opin
ion in the newspapers and elsewhere
that the city had no defense to claims
of the character of Mr.. Sullivan. The
courts had. moreover, decided the
question. 1t was immaterial to Mr..
took. Mr.. Darragh had simply sub
mitted the matter to the council to
save the city the costs of the action
Mr.. Sullivan had begun.
How many cases of this kind are there,
Mr.. Darragh?" inquired Assemblyman Kirke.
81 must refuse to answer but there are
several" replied Mr.. Darragh.
Mr.. Johnson said that the claim a
just one and that he was ready to vote for
the resolution. Mr.. johnson criticised the
practice of investing newly appointed police
men with their stars, until the assembly
had confirmed their appointments, and when
man the matter should be regulated so as to
do it at a time when the concurrence of
both branches of the council could be had at
once.
Mr.. Albrecht reminded the assembly that
the matter was in the courts, Mr.. Sullivan
having brought an action in justice court
department" The assembly ought there
fore, to defer to the head of that department.
There might be some circumstances in the
particular case that would operate ue-
fense to Mr.. SuEvan's claim. Mr.. Albrecht
would like to hear from Mr.. Markham, the
head Of the legal department.
Mr.. Markham arose amid solemn silence.
He gravely informed the assembly that this
was a matter of Importance. True, upon the
face of the papers, the city had no defense
tC Mr.. Sullivan's claim. But for aught he
knew there might be circumstances that
would operate as a defense. Perhaps Mr..
Sullivan had waived his claim. May be it
could be shown that he hadn't reported for
duty after the mayor had unpinned his star
and deprived him of his badge of constabul
larry authority But MIR. Markham was not
conversant. he said, with any special facts
Ihat WoulQ coHStltute QeIense III tnlS case.
So far as he knew, the city was not prepared
to defend the claim. But if the common
council did not see fit to pay it. the legal
department would make the best defense it
could. I'VE don't lie down On anything was
the way Mr.. Markham put it. But putting
legal technicaIities aside, Mr.. Markham's S best
judgment that Mr.. Sullivan ought to be
paid. If he was a member of the council, he
thought he would vote to pay him. Here
Mr.. Markham sat down.
The assembly passed the resolution by
unanimous vote.