The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-10-02
WILL PAY NlNIREl
COATPTE sM'CARDY GETS A
FAVORABLE OPINION FROM
DIR. MARKH2RSI
INSPECTORS AGE ASSUMED

To BE Within the Legal Limit Until
1t Has Been shown That He Is
Too Old Under the Requirements
of the Charter MIR. Markham
ReVerses the Ruling of the SUI
premc Court.
The pay roll of the police department
for September reached the comptrol-
ler's office yesterday morning, and
among the names was that of IN. l..
Mclntire. license inspector, $SS.44."
Alexander Perry, who has commenced
quo WarIanto proceedings to test the
right Of AIcIntire to hold the position,
made an effort to prevent McIntire
receiving his August pay, but, owing
to the action of the officials and the
opinion Of 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 before Oct 10.
The day that Perry commenced the
proceedings against McIntire, he filed
with Comptroller McCardy the follow
ing letter. dated Sept 9:
please to take notice that an action
has this day been commenced by and
through H. w. Childs. as attorney gen
eral of the state, in the routine of quo
warranto. to test the right of Martin
L. McIntre to hold and exercise the
office of policeman and patrolman of
the said city Of st. Paul; on the ground
that the said Martin l. McIntire was
more than thirty-tive years Of age at
the time of his appointment to said
once j. the mayor
owing day, Sept. 10, Comp
Cardy wrote Corporation At
lrkham, as follows:
closed document was filed in
yesterday:
rstand it to be in the nature
st against paying McIntire' s
license Inspector.
pintOn is respectfully request
what attention we shall pay
that we shall do about this
ton Attorney Markham, Sept.
i to the communication of
roller in the following:
roperly construe this notice
est against the payment to
tire of his salary as police
I'D your inquiry is as to your
sae premises.
xsthe honor to advise you that
mption is in favor of Mr.. Nc
eligibility. Presumably the
ssed upon this in making the
ent, and it appears from the
lat Mr.. McIntire has qualified
ed upon the discharge 81 his
mmencement Of The suit does
throw the Existing presump-
does not Determine anything.
It Competent and proper for
city authorities to pay Nc
his services, so, long as he
to discharge the duties of his
until it has been judicially
I'd that he is no, entitled to
office"
the peculiar features about
intment of .McIntire is that
'iaI who has had anything to
the appointment or the pay
the compensation to McIntire
I were, passed the RESPONSE
to Mayor Kiefer.
The mayor sent the appoint
the assembly, which body has
We the same, a long caucus
members was held, and the
as to whether McIntire should
/ down was discussed
ltIOn Attorney Markham v5o 6
II the caucus and read a por-
re charter which provides that
TO be eligible as patrolman the
must be under thirty-ive
. age.
decided by the caucus that
age was not known, bit
mayor was advised Of this
len he nanAd the license in
and consequently it must be
as the mayor would not vi
law. Not all of the mem
ne caucus were agreed on this
majority ruled, and McIntire
Hrmed and took the oath of
.e records OF the city clerk s
owing that he stated that he
years of age
OPTICIANS of the Sixth ward.
cially those who reside in the
where former Mayor Doran
re very sore at McIntire. oW-
lr Doran being beaten in his
met by McIntire at the spring
ay or may not have been the
why Alexander Perry com
ne quo warranto proceedings.
cry, who was dismissed from
by kiefer, had been appoint
-ayor Doran and before such
lent was employed at the
ood yard, lots of people gave
nenchmen the credit of hav-
action commenced.
sWer of McIntire will be filed
attorney general tomorrow. al
ne case will probably not be
fore the November term of
wv the mayor came to name
IN the face Of the decision OF
itchell, Of the supreme court
olks case is not understood.
is friends said yesterday that
or had argued that if T. B.
could hold the place under
two years he was Justified
lting McIntire, as both men
ut the same age.
dent that the mayor has never
the corporation attorney in
er, as it was owing to an an
en- to the supreme court by
the legal department of the citv thai
Judge Mitchell decided in the Yorks
case Jbt point which will, If followed
Up prevent McIntire from drawing nav
from The city, even though he was an
pointed by the mayor and confirmed bv
the ass mbly.
YoTks sued the city for back salary
as member Of the police force. Re
mad been appointed by Mayor Wright
In September, 1892. and served until
removed by Mayor Smith in June 1894
The removal was cOnourred in by
the assembly, but at the time there
Were two rival bodies, each claiming
10 be the right one. In October Of the
same year the legal assembly was de-
lined and then Yorks' discharge was
again COncurred in.
Horks brought suit to recover salary
Tor The four months between June and
October - CIV