Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1899-04-14
:, Council Meeting.
The city council met in adjourned
session Wednesday evening.

Bills allowed:
J Denis, repairing fire apparatus. SO
NJ Since, services at fire.....-,............ q
F B Stuart, salary as fire warden. 100 90
St Gabriels hospital, care of poor. Is 90
." - "...... 20 90
c H Brown, sponge for city hail.. 65
Transcript Pub Co, printing......... 8 GO
w Mott Co, shut off nozzle........ Is 90
The bill of Peter Arndt in the sum
OF $l.5O for hauling fire apparatus
to Rowe fire was referred to the fire
chief.
The mayor read long message,
part of which is as follows:
To THE Council
GENTLEMEN: I desire in this mes.
sage t" call your attention to certain
illegal and invalid acts which form a
part Of the PROCEEDINGS of vour SEES
sion of April 4. At that meeting a
majority of the council attempted to
fix the salary and number of police,
and the salary OF certain city officers,
by simple ballot. The council also
attempted to elect as city attorney, a
gentleman, who, whatever his legal
knowledge maybe. cannot hold the
position. since it is clear that, follow.
ing the city charter, only a member
Of the bar can hold the position.
These actions were in violation of
the following sectious of the charter:
Sec ton - OF Title II, and Sections 81
and 80 of Title ":
TITLE II.
SECTION ]9. The common cOun I'll
shall appoint a city attorney, who
shall. attend allsregular meetings of
the common council and all special
meetings when requested by resolu-
ton to do SO, and who shall appear
in al! actions civil or criminal where.
in the city OF Little Falls is interes ted.
which may be conducted within the
county OF Morrison, and shall when
requested advise and furnish opinions
upon all legal matters submitted to
him by the council and when request
ed ny the mayor shall advise all
officers of the village in relation to
their official duties and shall receive
such salary az shall be fixed by the
council at the time of his appoint
ment.
TITLE ".
SECTION 3S. All officers whose
compensation is not specifically fixed
herein shall receive such reasonable
salary as shall be designated by or
dinance ri the council and approved
by the mayor.
SECTION 80. The number and
salary OF the police required by said
city shah be determined by the coun-
Gil by resolution and the police of
said city shall be appointed by the
mayor, one of whom shall be design.
ated and act as chief of police. The
members OF the police force shall
hold Office during the pleasure of the
mayor and shall be removed by him
at discretion. The appointments
and all removals shall be in writing
and shall be filed with the clerk OF
said city.
And the mayor shall have power
to appoint such number of special
police from time to time as he shall
determine, when the preservation of
the public peace shall require; such
police shall have such per diem CON-
pensatiOn as council shall allow, and
shall not hold under any appoint
ment at any one time for a longer
period than two ~ days. Such
police shall be duly sworn and shall
have all the powers of other police
during their term. =.
The mayor then discusses the
rights of a man not admitted to the
bar to hold the office of city attorney.
He quotes D. T. Calhoun, of st.
Cloud, as saying:
~ am clearly Of the opinion that
the court would hold the present
appointee ineligible, and his appoint
ment a nullity.'
The assistant attorney general is
also quoted as stating that the pro-
vision of the: charter undoubtedly
contemplates the appointment of a
duly qualified attorney at law and
member of the bar.
The message then discusses the
manner OF fixing salaries, and attor-
neys are quoted as saying the sala
r'es must be fixed by ordinances.
approved by the mayor, and that
the number OF policemen must be
fixed by resolution, approved by the
mayor.
The message then continues as fol-
lows:
At my request, Hon. He. Strlvers
submitted these points to promin.
ent lawyers who are members of the
legislature, and in every case their