The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1898-02-03
sAUK CENTRE HERALD.
cHAs. F. HENDRIX, Prop'r
Subscription, $1.5O a Year.
yINDICATEn.


ment case which was taken to that
court on writ of certiorari, that:
In apy event. it is held that one mistake on
the part of a public officer is not sufficient
ground upon which to convict him of genera
incompetency: neither can impeachment pro-
seedlings be substituted for proceedings in
mandamus where an officer has mistaken his
duty.
The city charter authorizes the common
council to remove the mayor "for cause" He
reDeatedly and continuously refused to sign
an order for the payment of money for a GER
tain purpose: on the evidence held the coun
ell were not warranted in finding that he
acted in bad faith, or that he willfully or per-
yersely disregarded his duty, or that he was
generally incompetent to perform his dnty to
such an extent as to warrant his removal, and
the orders convicting and removing him are
reversed and set aside.
This is the position taken by the
HERALD from the very beginning of
this unfortunate controversy. On Sep
TENDER 23d of last year this paper de-
clared that the charges would not
hold water-that they are a veritable
seiye. Mr.. Townsend is mayor
and will continue 500 And so the
court has decide. To assume to i'm
peach an officer for what he believes to
be his duty, however much he may be
mistaken, is altogether too drastic. If
he be mistaken the law provides an ef-
fective and milder remedy. The courts
are open, and an order compelling him
to do what he mistakenly refuses to do
may easily be obtained. It was sug-
gested to members of the council at the
time that mandamus proceedings
would be the proper course. But that
was not what was desired. The mayor
must he Inundated for daring to have
an opinion counter to the wishes of the
council.
The case has drawn it's long length
Through the courts; one special election
has been held and another one ordered
by reason of it, the district and SUI
preme courts have been resorted to re-
peatedly-all attended with expense
and the people must pay the fiddler for
all this time the council has been irving
TO make the mayor dance.
But the END has come. The legal re-.
lations of council and mayor are back
again to exactly the point of departure
taken six months ago. Meantime the
city has been torn by unnecessary
contentious, and considerable bitter
ness has been engendered, the results
OF which will not be allayed for some
tine to come. There is no occasion
however, for keeping it alive another
moment. ~-. a..-
To revert for q moment to the casus
beN-the majority of our people do
not care two straws whether the city
owns the brewery property or not. If
a park is desired, of convenient access
ON the lake front, the brewery prop
erty offers the most available site.
Whether it be worth the price asked
for it for that purpose is a matter of
opinion upon which people may pleas
antly and charitably differ. 1t would
seem that it is not wanted for site
for pumping station-the petition so
1umerous1y signed, praying the coun-
Gil to enter into a long period con-
tract with Mr.. Davidson, indicates
that. The opposition to the purchase
Of this property by the HERALD from
first to last has been solely THAT it
was not good policy nor good faith to
purchase it for such pumping station :.
If the people want it, let them express
themselves squarely upon the issue by
a yea and nay vote, without any ex-
traneous or confusing personal or
other issues complicated with it, It's
safe to say, as Mayor Townsend said
before the trouble began, in his COM
munication to the council returning
the first order drawn for its purchase,
If the people express desire for the
purchase the mayor, whether it be Mr..
Townsend or anyone else, will sign
an order drawn for that purpose.
''Let us have peace. -
Our Frank.
The homeliestman in the lower house
is Eddy, of Minnesota, and like Cock
erel, he prides himself on it. He has
even disputed the point with other