The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-12-14

Opinion From the Corporation
Attorney and Received It-Certif-
icate of Sale Not a Contract With
In the Meaning of the Lavv-City
Employees Purchased Them
The corporation attorneys office yes
terday advised Comptroller McCardy that
there was nothing In the charter of the
city or the General Laws of the state
which made 1t unlawful for city officers
or employees of the city to deal in certifi-
Gates Of sale which are sold against
property on which assessments are de-
nnquent by the city treasurer.
oct. IL last Comptroller McCardy asked
Tor an opinion on the question from the
legal department The comptroller held
that such purchase Of certificates Of sale
by employees and city officials was in vio-
lation Of the charter provision, which
forbids aldermen, members Of the
board of public works or other en-
ployes of the city while acting as such
to be directly or indirectly interested in
any contract or job or in the furnishing
of supplies, fuel or other articles pur-
chasable for the public use
In lengthy opinion, in reply to the
comptroller's question, the legal depart
ment says:
Il am of the opinion that a certificate
Of sale is not a contract or Job within
the meaning of the section, and there
fore it would be inapp1cable. Section
eleven of the code provides in substance
that the council shall have no power
to create any new or salaried office not
specified i'll the charter, or in any man
ner increase the salary or compensation
of any salaried officer or to make the
city liable for any service rendered by
performing a duty which is by law i'm
posed upon any salaried officer, but
nothing is to prevent the city from en-
ploying servants from day to day and
from month to month as is authorized
by the charter. / am of the opinion
that there is nothing here to prevent
officers or employees Of the city purchas-
ing certificates of sale. The sale of Ger
tificates Is not authorized by the coun-
Gil, and the mere fact that the Ger
tifcates are purchased by an employee
Of the city would not make it so. It is
not in any way an attempt by the coun-
Gil to create any new or salaried office,
increase the compensation of any sal
aried officer, or make the city liable for
services rendered in performing a duty
imposed by law upon a Salaried officer.
The state has wisely provided that any
person except county auditors, treaSurers
and each of their deputies and clerks
may purchase and have assigned to them
tax certificates, but our charter is prac-
tically silent. 1 believe that provision
similar to the one in the General Stat
utes referring to county auditors, treas
urers and their deputies and clerks, pro-
hibiting them from purchasing tax GER
tihcateS Is wise one, and a similar pro-
vision should be made in the charter.
This, however, is a matter for our char
ter commission or future legislation"
Comptroller McCardy, when asked as
to the extent to which employees of the
city had been engaged in the purchasing
of the certificates Of sale, said he had
no records as to this point Neither,
he said, did he know the names of the
city employees who had purchased the
certificates. In fact, the comptroller
was not inclined to talk about the mat
ter, and when he is not inclined to discuss
a subject little information can be Sc
cured from him in relation to it.
Clerks in the city treasurer's office were
more communicative. why, yes" said
Walter K. Mulliken, bookkeeper in the
Office, "some of us have purchased GER
tificates Of sale. Billy Bjornstad, who
was formerly cashier, had lutte g. little
money invested in them, but when he
went to the war disposed of them. 1
have purchased some myself, but not
recently, as it was too much bother to
look after them, There is nothing wrong
about the purchasing Of them by any one,
and the law does not prohibit the en-
ployes of this office or any other Office
in the city from investing in them"
Another of the clerks In the office said
that Frank E. ShOgren, employed as alb
stract clerk in the Office of the board of
pubic works, had invested $3.50 in GER
Gicates, but on being told by Comptroller
McCardy that he was violating the law
had disposed Of his holdings. you bet
he wouldn't scare me that way if had
the money" remarked the clerk
One Of the city hall employees called
especial attention to the opinion of the
legal department in that part Of the doc
uDent where reference is made to in
creasing the salary or compensation of
any salaried officer, or charging for any
service rendered by performing a duty
which by law is imposed upon any SAL
aired officer. This, the employee said, was
a direct shot at the deputy comptroller,
who WAS and had been in the habit of
charging 81 for deeds which were made
out by him, when the law did not allow
Of any such charge. And the deputy
comptroller don't turn the 81 into the
treasury either" he continued, "but
sticks 1t into his pocket"
Reading the opinion Of the legal de-
partment between the lines 1t would ap-
pear to give some foundation for the
statement that 1t IS in this particular a
slap at the practice which is counte-
nanced by the comptroller, but Assistant
Corporation Attorney Arnold. who wrote
the opinion. denies that he had any such
intention