The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-10-02

The pay roll of the police department
. for September reached the comptrol-
ler's Office yesterday morning, and
among the names was that of m. l..
Mc1ntire, license inspector $8S.44"
Alexander Perry, who has commenced
quo Wauanto proceedings to test the
right OF Mclntire TO hold the position,
5nade an effort to prevent McIntire
receiving his August pay, but, owing
TO the action Of the officials and the
opinion IF the corporation attorney
McIntire was paid his salary for Aug
ust and will probably receive the mon
ey for September, unless the case is
decided D, fore Oct 10.
The day that Perry commenced the
proceedings against McIntire, he filed
with Comptroller McCardy the follow
ing letter, dated Sept. 8:
please 10 take notice that IAN action
has this day been commenced by and
through II. w. Childs. as attorney gen
eral of the state, in the routine of quo
Warranto. to test the right of Martin
L. -AcIntire to hold and exercise the
office Of policeman and patrolman 81
the said city of st. Paul; on the greInd
that the said Martin L. McInSjse was
more than thirty-five years 6f age at
the time of his appoAtpEnt to said
office by the mayor.
. me tQlloWl9g d<y, Sept. 10, Comp
troHer McCar9r wrote Corporation At
torney NasGEham, as follows:
I9'S enclosed document was filed in
tli3 t.ice yesterday:
ST. understand it to be in the nature
of a protest against paying McIntire's
salary as license Inspector.
+ Your opinion is respectfully request
ed as to what attention we shall pay
TO, and what we shall do about this
matter"
,Vo,.,o,.,+ to-, Atom. Nr.,-,. g..
r. replied to the communication Of
the comptroller in the following:
You properly cOnstrue this notice
as & protest against the payment to
Mr. Mclntire of his salary as police
officer, and your inquiry is as to your
duty in the premises.
Il have the honor to advise you that
the presumption Is in favor of Mr.. Nc
Intire's eligibility. Presumably the
mayor passed upon this in making the
appointment, and 1t appears from the
records that Mr.. McIntfre has qualified
and entered upon the discharge of his
duties.
The commencement of the suit does
not overthrow the existing presump-
tion, and does not determine anything.
Il think 1t competent and proper for
the proper city authorities to paw Nc
1ntire for his services, so long as he
continues to discharge the duties of his
position, until II has been judicially
determined that he is not entitled to
hold the office" 5of .-
One Of the peculiar features about
the appointment Of McIntire is that
each official who has had anything to
do with the appointment or the pay
ment or the compensation to McIntire
mas, as 1t We're, passed the RESPONSE
bility up to Mayor Kiefer
When the mayor sent the appoint
ment 10 the assembly, which body has
10 approve the same, a long caucus
or the members was held, and the
question as to whether McTntire should
be- turned down was discussed.
corporation Attorney Markham was
present at the caucus and read a por-
ton OF the charter which provides that
In order to be eligible as patrolman the
appointee must be under thirty-fve
years Of age.
1t was decided by the caucus that
Mclntire's age was not known. but
that the mayor was advised of this
point when he nan4d the license in
spector, and consequently it must be
all nght, as the mayor would not vi
plate the law. Not all Of the mem
pers OF the caucus were agreed on this,
out the majority ruled, and McIntire
was confirmed and took the oath of
office, the records OF the city clerks
office showing that sheastated that he
was fifty years of age. ~
The politicians of the Sixth ward,
precinct where former Mayor Doran
ilVes, were very sore at McIntire, ow-
ing to Mr. DOran being beaten in hts
own precinct by McIntire at the spring
caucuses.
This may or may not have been tho
reason why Alexander Perry COM
menced the quo warranto proceedings.
But as Perry, who was dismissed from
the force by Kiefer, had been appoint
ed oy Mayor Doran and before such
appointment was employed at the
Doran wood yard, lots Of people gave
the Doran henchmen the credit of hav-
Ing the action commenced
The answer Of McIntire will be filed
with the attorney general tomorrow, al
though the case will probably not be
neard before the November term of
court. %
Just boW the mayor came to name
MclDsire in the face Of the decision Of
SpdSe Mitchell, Of the supreme court
In the Works case is not understood
One OF his friends said yesterday that
the mayor had argued that if T. B.
MaI0ney could hold the place under
Dorah Tor two years he was justified
IN appointing McIntire, as both men
We're about the same age.
Ii IS evident that the mayor has never
consulted the corporation attorney in
the matter, as it was owing to an ap-
peal taken to the supreme court bv
Inc IeSdI department OF the city that
Judge Mitchell decided in the Yorks
case the point which Will, if followed
up, prevent McIntire from drawing nav
from the city, even though he was ap-
pointed by the mayor and confirmed by
the ass 7mbIy
Yorks saed the city for back salary
as member Of the police force. He
had been appointed by Mayor Wright.
In September, 1892, and served until
removed by Mayor Smith in June. 1894.
The removal was concurred in by
the assembly, but at the time there
Were +Wo rival bodies, each claiming.
lobe the right one. In October Of the
same year the legal assembly was de-
lined and then YOrks' discharge was
again Concurred in.
HClks brought suit to recover salary
Tor the four months between June and
October.
In the decision Judge Mitchell held,
THAT h8S-appOintment' was invalid
because he was under the provisions
of the city charter Ineligible"
In the memorandum accompanyinss
the decision the court said:
In September, 1892, the mayor ap-
pointed plaintiff on the police force OF
the city. He was, in fact, ineligibIe
to the position, because he was over
the age of thirty-five years, the charter
expressly providing that no person shaIl
he eligible to that position who is not
under the age Of thirty-f1ve years.
The contention OF the city is that
plaintiff cannot recover because ID the
salary of patrolmen had not been fixed
py the common council as REQUIRED by