The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-06-19
HE NEED NOT SPEND A CENT
CITY COMES TO THE RESCUE
OF DR.. SMITHS SON
Clerk of the Board of Public Works
Is to Be Relieved Of the Expense
of Defending His Job From the
COvetOus Desires of Old Soldier
MOrtensOn Council to Grant
Necessary Cash.

Assemblymen Denny and Benson,
members Of the joint council committee
! On acquisitions, held a session yester-
| day afternoon. President Donahower,
or the board Of aldermen, not having
announced the standing committees,
there was no representation from that
BODY at the meeting of the committee.
There were over 100 acquisitions from
the several departments to be passed
upon, and all but a score were laid
over.
One from the corporation attorney
asking authority for the expenditure Of
$l50 in taking the case Of A. w. Nor
tenson against the board of public
works to the supreme court, was also
approved. Accompanying this requisi-
ton was a letter from Pre- sident Cope
| land, of the board of public works. Nor
| tenson, through his attorney, John H.
| Ives, brought an action In the district
court to have the board Of public works
give him the deputy clerkship in the
board and discharge j. w. Smith, q
son of the Rev. S. G. Smith, who had
been given the position.
| Smith was represented by E. S. Dur
| ment in the trial of the case before
Judge Willis The decision of the court
was that under the act of the legisla-
ture of 1895, Mortenson being compe tent
and an old soldier, was entitled to the
position, and writ of mandamus was
ordered issued to President Copeland
| and the board directing that Mortenscn
| be installed.
A stay was secured, and according to
the letter OF President Copeland, and
tine requisition passed by the commit
| tee, Smith is to be relieved of-any adj
ditional expense in the carrying Of the
| case to the supreme court. and the
city treasury and the legal department
| of the city is t. come 10 the rescue of
| Deputy Clerk Smith.
The following is copy of the letter
sent by President Copeland to the COR
poration att rney, and ON the strength
! Of which the committee evidently
granted the requisition:
1t is the desire of the ard of public works
| that you take the necessary steps to have the
action of the district court of Ramsey county
| in the case of the State Of Minnesota ex
| rel. A. w. Mortensen, against John Copel nd
! ct al, as the board of public works, and ].
W. Smith, respondent, reviewed and lev, rsei
| by the supreme court.
AS you -. remember this was an applica-
| ton to the district court for writ of ms n
| damus compelling the board to remove J.
W.. smith from the, position Of deputy clerk
| and appoint the reiator, A. w. Morten.on to
the place upon the ground that Mr.. Mcrtenson
| is an old soldier.
| The beard acted lin good faith in @e ap-
/ pointuent OF Smith ana after due cons1d "a
I ton were convinced that Mr.. Mortenson was
not compel Mt to perform the duties of tn
! position. Judge Willis has overruled the
beard and ordered preemptory writ of man
damus to issue compelling the boaEd to ap
point Mr.. Mortenson.
! 1t will be difficult for this board to at.en
| to its business properly and as the law r..
quires, if it has no right to refuse to- EN-.
ploy incompetent servants. If this board +
to1conduct the details of this office under, tht
immediate supervision Of the district rcourt, L
will seriously impede the work of this boar
! We do rot believe that any such poer rol cy
I Is required by lawband desire that You viii
take the necessary steps to have this .ordel
Il reviewed and revised in the Suncerne-. cours