The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-11-20
CITYS legal WORK
CHARTER COMMISSION ADOPTS
THE SECTIONS REGULATING
THATslOFFICE.
LOOKED AT. FROM TWO POINTS
MAYOR DoRAN THINKS THE COR
PORATION ATTORNEY SHOULD
BE MADE ELECTIVE.
MARKHAM THOUGHT OTHERWISE.

Il
Under the Proposed Change the Pe-
80. sftion VIII BE Filled by the
Mayor.
Very little progress was the result OF
lengthy session of the charter COM
mission last night The time was chief
ly devoted to discussing sections l6 and
II of chapter 3, which provide the man
ner of selecting a corporation attorney
prescribe the number of assistants he
shall be allowed and define the duties
of the corporation attorney and his as
sistants. By invitation Of the commits
sion, Corporation Attorney Markham
explained in detail the duties of the
legal department, and Mayor Doran
was also asked to express his views re-
garding the appointing power with
which the mayor should be invested. In
the course of his remarks the mayor
declared that he favored the creation
of q police commission, with power TO
appoint patrolmen who pass the nigh
est competitive examinations, but ne
thought the sole and absolute power OF
removal should be vested in the mayor
His honor also declared his belief in a
qualified civil service; that is, civil
service rule that did not grant life
tenure of office.
All the members of the commission
were present save Pierce Butler and
A. II. Lindeke. w. B. Dean, who has
been absent from the city for two
months, was in attendance.
Mr.. Lightner, chairman of the com
mittee to which was referred back the
proposed sections Is, II, IS and 20 of
chapter 3, with instructions to modify
them in accordance with the resolu-
tions adopted at the last meeting Of
the commission, submitted draft Of
the proposed , sections as modlhed
Sections Is and II, being the only ones
adopted, are herewith published, Sec
ton 16 was still further amended by in
serting a clause making the corpora
ton attorney responsible for the acts
of his three assistants. The sections
are as follows: t.'.F ar"".
Sec. IS. A corporation attorney shall be ap-
pointed by the mayor on the second Iuesaay
of June in each even numbered year ana
he shall hold his office for the term OIL TWO
years and until his successor shall have been
elected and qualified, excepting that the term
of the corporation attorney in office when this
charter takes effect shall terminate at the
expiration of the term for which he was
elected. and that his successor shall be APP
pointed by the mayor then in office to serve
until his successor shall be appointed by the
mayor then in Office to serve until his sue
cessor shall be appointed as hereinbefore
provided The corporation attorney may ap-
point three assistant corporation attorneys,
for whose acts he shall be responsible each
,f ytnto hall hold Cfin DIN in no a
of the corporation attorney and shall per
form such duties as the corporation attorney
may designate. 1t shall be the duty of the
corporation attorney and each of his assist
ants to give their whole professional time and
attention to the discharge of their duties, and
they shall each have their office at the city
hall or at such other place as the common
council may designate and provide for Inc
corporation attorney shall be allowed such
clerical force as in the. opinion of the, COM
mon council shall be required.
Sec. II. The corporation attorney, with The
aid of his assistants, shall attend to all the
legal business of the city. He shall be the
legal advisor of the mayor, common council,
assembly, board of aldermen, all committees
thereof, all boards and all city officers, and
when requested by any thereof shall furnish
opinions upon such legal questions relating
to the business of the city may be sub
mitted to him. He shall, in person, or by one
of his assistants, attend the stated and special
meetings of the common council, assembly
board of aldermen and all boards and com
mittees. He shall render and perform such
other legal duties as may be prescribed by
the common council. All boards, committees
and officers of said city are prohibited from
retaining, feeling or employing an attorney.
The changes provided for by section
16 are the appointment of the corpora
ton attorney by the mayor instead of
his election by the common council
and the insertion of clause requiring
the corporation attorney and each of
his assistants to give their whole pro-
fessional time and attention to- the
discharge of the duties of their Offices
Under the. present charter the second
and third assistants are not expressly
required to give their entire profess
sional time to the city.
Before entering upon the discussion
of section 16, it was suggested that
Corporation Attorney Markham be
given the privilege of the floor
Thanking the commission for the
courtesy extended to him, Mr.. Mark
ham proceeded to express his views Of
the proposed changes.
Speaking first with reference to the
clause giving the mayor the power to
appoint the corporation attorney, Mr.
Markham said that his experience both
as an alderman and as corporation at
torney, predisposed him to the view
that the change would not be desirable
The corporation attorney was directly
responsible to the common council.
The corporation attorney was not
under the control of any other branch
of the city government. After the
common council, the corporation. at
torney advised the board of public
works., 1t was only occasionally that
he was called upon to advise the
mayor, comptroller or treasurer
Therefore it was appropriate that the
common council should elect the corp2-
ration attorney, or else the people
should elect him. The latter course
was open to objections, in Mr.. Mark
hams opinion, the objections being the