The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-01-01
M'INTIRE NAY STAY
MAYOR KIEFER's LICENSE IN
sPECToR GETS A RESPITE FROM
THE DISTRICT COURT
QUO WARRANTo DISMISSED

Attorney General ChiIds Drops the
Litigation Which Was Begun at
tOrney Bowe Questions the States
Right to Take Such Action I'm
less the Reason IL Apparent.
Judge Bum, in the district court yes-
terday, dismissed the action brought
by the state. ex rel. Alexander Perry,
against Martin L. McIntlre, to GUST the
latter from the office of license inspec-
tor. on the ground that the age qualif-
cation prescribed In the charter was
violated in the appointment. The dis
missal 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 tlfty years old.
was appointed to the office of license
inspector by Mayor Kiefer in spite of a
provision In the charter that no man
shall be appointed to the police force
who is over thirty-five years old and
the license inspector is first appointed
to the force and then specially detailed.
Mclnttre had q 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
charged from a position as bailiff of
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 Thsn
the mayor and his Fourth ward friends
rallied to the support Of his appointee
ard 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
for the material betterment of the re-
spondent.
After number Of conferences this
view of the case impressed itself on
the attorney general who filed a stipu-
lation 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, e. E.
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-
Ialator 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
cumstances l think I am right in ask
ing that this case go TO trial.
| Il do not think that the attorney
f; 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 a slight interest. and it appears
that the relator is interested only as
a citizen and taxpayer"
Il shall consult with my client ard
consider whether to take an appeal or
not" said Attorney Bowe yesterday
I have not yet figured out how we
stand, but I must say 1 am disappoint-
| ed at the outcome of the case"