The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-01-01
M'INTIRE MAY STAY
MAYOR KIEFERs LICENSE IN
sPECTOR GETS A RESPITE FROM
THE DISTRICT COURT
QUO wARRANTo DISMISSED

Attorney General Childs Drops the
Litigation Which Was Begun at
tho Instance OF Alex Perry-At-
torney Bowe Questions the States
Right to Take Such Action I'm
less the Reason IL Apparent.
Judge Bunn in the district court yes
terday, dismissed the action brought
by the state. ex rel. Alexander Perry,
against Martin L. McIntire, to GUST the
latter from the office of license inspec-
tor, on the ground that the age Qualifi-
cation prescribed In the charter was
violated In the appointment. The dis
m1ssal was granted on stipulation filed
by Attorney General Childs, withdraw
ing his consent to have the action
brought in the name Of the state, and
stay OF twenty days was granted to
the relator to perfect an appeal from
the ruling
McIntire, who is over nifty years old.
was appointed to the office of license
inspector by Mayor Kiefer in spite of
provision in the charter that no man
shall be appointed to the police force
who Is over thirty-f1ve years old and
the license inspector Is first appointed
to the force and then specially detailed.
Mclntire had strong backing among
Mayor Kiefer's friends In the Fourth
ward and had always been credited
with having strong pull with the
mayor. This was SO much the case
that Alexander Perry, who was dis
the municipal court, charged McIntire
with having procured his dismissal.
Perry. accordingly, secured A. e.
BoWe as attorney and the latter OBJ
tanned permission from the attorney
general to bring quo warranto proceed
ings for the ousting Of McIntire. Than
the mayor and his Fourth ward friends
rafi1ed to the support of his appointee
and strong pressure was brought to
bear on the attorney general to have
the proceedings quashed. In this con-
nection the novel plea was advanced
that the relator was prompted by a
spirit OF malice rather than a desire
Tor the material betterment of the re-
| spondent.
! After a number Of conferences this
view of the case impressed itself on
the attorney general. who filed a stipu-
| lat1on withdrawing his permission to
have the proceedings begun in the
name Of the state.
When, after several continuances, the
case finally came up for hearing two
| weeks ago before Judge Bum, 10. f..
| Mcdonald moved for a dismissal on
the grounds of the stipulation, and A.
| b. Bowe. for the respondent, sprung a
| surprise by questioning the right Of
| the attorney general to withdraw from
| the proceedings once begun without
sufficient reason or unless it could be
shown that the situation had been mis-
| represented to him.
1t was this point that came up for
argument yesterday. All the parties
were In court when the case was called
| and Attorney Mcdonald moved for a
dismissal on the stipulation He ar
gued that the right Of dismissal clearly
rested with the attorney general
Attorney Bowe, for the relator. took
| the opposite view of the case and ask
ed that the proceedings be continued.
He thought that the attorney general
! had no right to dismiss the action with
out sufficient cause, and Mr.. Bowe sub
mitted that the alleged fact Of the re-
lator having been prompted by malice
was puerile and childish.
The attorney general admits" he
SAID. that every statement in the In
| formation was true, and that the law
| had been violated. and under these cir
| curstances I think I am right in ask
| ing that this case go to trial"
Il do not think that the attorney
general has the right to dismiss the
action without the consent of the
court" said Judge Bum at the con-
clusion Of the argument" He has.
! however. the right to take cognizance
| of the comparatively unimportant
character of the matter before the
court. In this the public has at best
but q slight interest, and it appears
that the relator is interested only as
citizen and taxpayer"
L shall consult with my client and
consider whether to take an appeal or
not" said Attorney Bowe yesterday.
Il have not yet figured out how we
stand, but must say I am disappoint-
| ed at the outcome Of the case"