The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-06-10
IS He OUT OF TOWN?
REPORT THAT THE COMPTROLLER
WILL NOT BE ON HAND IN
COURT TODAY
FOR THE MANDAMUS CASE.
TICS TO HAVE 1T GO TILL
OCTOBER.
Or THE MANDAMUS CASE.
MOTION TO THAT EFFECT DENIED.
First Case ON the Calendar, but 1t Is
Believed That McCardy Will Not
Be on Deck.

City Comptroller McCardy doesn't
want to so to trial just yet in defense
Of the nlandamus proceedings to COM
pei him to countersign the contract Of
the st. Paul Sidewalk company. Ac-
cordingly. Assistant Corporation Attor-
ney Phillips appeared before Judge
Willis and moved the court to strike
the case from the June general term
calendar, on the technical ground that
no notice Of trial had been served in
the same manner as in ordinary civil
actions. Yesterday Judge Willis filed
an order denying the motion to strike
the case from the calendar.
The case is set for trial today, and
is the very first case on the court
calendar. Barring unforeseen occur
rences the case must be heard today,
even though the comptroller is report
ed to have been called out of the city
last evening.
THE action of the comptroller in en-
deavoring to have the case stricken
from the calendar. and thus delaying
until next October the determination
of the issues he has raised as to the
ST. Paul Sidewalk company, is another
dilatory move ON McCardy's part"
said a city official yesterday When
the contract reached McCardy, he
wrote a letter to the board of public
works advising that body not to award
the contract to the st. Paul Sidewalk
company which, he says, is not a re-
sponsible concern, but to give it to
u. B. Curtis, the next lowest response
bic bidder. During all the time it was
pending before the board of public
works and the 1T
said nothing. but waited until the
award of the contract by the board Of
public works had been confirmed by
the council, waited until the bond had
been approved by the proper parties,
waited until the contract had been
duly signed by the president Of the
board of public works. the mayor and
the city clerk, and then, when it at
! last came to his Office to be counter
signed, the comptroller writes that let
ter to the board of public works
Then the st. Paul Sidewalk compa-
ny sues out a writ of mandamuS 10
compel the comptroller to countersign
the contract. Then what does he do?
He wants until the last minute to file
his answer, in which he not only al
| leges that the st Paul Sidewalk COM
pany is insolvent, but also alleges that
the contract was not signed by the
proper parties, nor the bond approved
by the proper parties, which allega-
lions do not accord with the facts. The
court overrules the REALTORS demurrer
to the comptroller's answer, and it is
understood that the case shall be
heard at special term. Subsequently
j the arrangement is changed and th2
! court orders the case placed on the
i general term calendar, and then Nc
! Cardy makes his next dilatory move,
! by which he seeks to have the case
! stricken from the June calendar, which
means putting it over until October, at
! the earliest"
! Lawyers say that the contention of
/ the comptroller, that the case ought 10
| be stricken from the calendar, because
! the relatOr did not serve a notice Of
trial, is not good, inasmuch as the case
was placed on the calendar by order
! of the court. ...,. .sa
At any rate, Judge Willis, as stated
! denied the motion.