The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1899-08-25

ed In hand OF Chief OF police and while
this investigation has been in progress
the costs and fines were paid to Chief
Bruels and the property delivered to
defendant Whether the watches re-
ferred to have sufficient value to
warrant demand for redemption | am
unable to learn as no one appears to
have knowledge of the transaction fur
ther than the record.
One other case is marked secured
the sureties being Wickersham &
Brown. The amount of fine and costs
in this case is $751; so, and is still upon
the docket unsatisfied
Exhibit No. 2 shows the amount of
costs due the city from the county in
state and county cases brought before
the municipal court by the county at
torney. The duty of the recorder in
these cases is plainly set forth in Sec :
ton 3d. Chapter 119. of the Municipal
Court Act, Laws of 1885, 1t says the
recorder shall tax the costs and fees in
all cases where defendant is acquitted,
and when convicted and does not pay
fines and costs within 80 days, he shall
make bill of such costs, and file with
the city treasurer, who shall present
the same to the county auditor to-
gether with all other bills once in every
three month, and the auditor shall draw
a warrant on the county treasurer, and
said treasurer shall pay same to the city
treasurer.
This was done up to February 28th,
1894, and paid without objection. On in
vestigating the reason for the non pay
ment of the amounts set forth in this
exhibit l find that the former county
attorney refused to 0. K. bills after this
date, claiming that the county was not
liable for payment of costs in any case
brought by him for the state or county
in the municipal court of the city of
Mankato unless said court would turn
over to said county all fines and costs
in all cases. brought by said state and
county in said court that are brought
to successful issue AS the court had
no authority under this act to do so
generous deed it declined to entertain
the motion, and the result has been that
the municipal court of the city of
Mankato has for the past five and one
half years dealt out to the state and
county free justice to the amount of
$70000
brought this matter before the city
attorneyand under his instructions have
caused to be made bill as required by
said act and in the near future shalle x
pect to see the citys Golfers enriched to
the amount set forth in this exhibit
found further that the former city
attorney was ignorant of any such debt
due from the county. His opinion was
not even asked as to the point raised,
and on being consulted at this time he
unhesitatingly expounded his opinion
that the claim was good. Other prom
inent attorneys have vouchsafed the
same opinion to me, and expressed sur
prise that no effort had been made to
enforce the payment of the claim.
The legislature enacted the law with
such a proviso and if the county wishes
to use this court for it's petty criminal
cases in order to aid the district court
then it should pay the expense. There
the county which does not cost the
city five times the cost charged, and
the former county attorney was in
the reputation of the bill.
Another matter connected with the
municipal court that requires some
sort of rule or legislation respecting the
fees to be collected is the number of
cases brought which are entered upon
the calendar and there end. The calen-
dar of the court shows 274 cases which
have been entered and no fees paid
These cases have been continued from
time to time and costs of continuance
taxed in some cases but in no instance
have any fees been paid
There are 1876 cases on which orders
for judgement have have been entered
and no fees paid, "a cases settled and
no fees paid, So cases dismissed and
no fees paid, 13 cases stricken from
the calendar and no fees paid, II cases
dropped from calendar and no fees
paid, Is cases passed for settlement
and no fees paid, Is cases on calendar,
not docketed, no fees paid.
Exhibit No. represents two items
chargeable to the former Recorder as
they are directly traceable to his
hands. The first item of $88 90 is an
order drawn in connection with pay
ment to the O. S. Kelly Company al
lowed by the council in June 1897.
The account allowed was $118S. 90.
The order was presented to the City
Treasurer by the Recorder and paid
by him by check on the National
Citizens Bank of Mankato. The
recorder obtained two drafts for
this amount both payable to the o.
S. Kelly company. One for S1100 90,
the other for S88 90. The one for
$4,000 was forwarded to the o. s.
Kelly company at Springfield, Ohio.
The one for $500 was afterwards
presented to the bank, and paid by
them to 81. w. Brown, with his in
dorsement on the same, and the
money so received has never been &C.
counted for.
Since this Investigation was in pro-
gress the bill for $500 was presented
to the present council by the attorney
for the o. S. Kelly company, and under
the circumstances, was allowed again
and paid. The other item of $50. 90 rep
resents an order allowed for interest to
]. Kelly The order is drawn in favor
of o. S. Kelly and dated December 1897,
and was presented to the treasurer by
FL. w. Brown, and the money paid to
him. The order is afterwards marked
cancelled" upon the recorders record,
earring the idea that the money was
not paid. The order, however, is
charged to the current fund, and credit
ed to the city treasurer, and the money
obtained thereon has not been returned
into the treasury. I have. as in the