The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-08-18
INCREASE Thu LEVY
ASSEMBLY PASSES MIR. ALBRECHT'S
RESOLUTION GIVING MORE
MONEY TO SCHOOLS
THE LAW CAN NOW BE TESTED
A Question Regarding It's Legality
Has Been Raised, and the Cor
pOratiOn Attorney Has Advised u
Separate Levy-R esOIutiOn Passed
by Unanimous Vote of the Eight
Members Present.

Separate Levy-ResOIutiOn Passed
by Unanimous Vote of the Eight
Members Present.
The propositioun to increase the tax
levy for school purposes 112 mills, as au-
thorized by law, passed at the last ses-
sion of the legislature, was brought up
at the meeting of the assembly last even
ing, when Assemblyman Albrecht intro
duced the following resolutions
Resolved, by the common council of the
city of st. Paul, That there be raised by
taxation and levied upon the taxable
property within the city OF ST. Paul,
under and pursuant to the PROVISIONS OF
chapter 40, General Laws of the state OF
Minnesota for the Year 1899, and indie
pendently of and in addition to other
sums for school purposes heretofore lev
led, or authorized to be levied for school
purposes for the current year, under the
provisions Of the special laws relating to
and constituting the charter Of the city
Of st. Paul, including chapter sc, Special
Laws 1891, the sum of SIP, 900, for the
purchase of school sites, and the cree
ton and repair, furnishing and fitting of
school buildings, and the general main
tenance of the public schools within SAID
city of st. Paul, and Of said sum 1913
be raised for and appropriated to the
general maintenance of said schools, and
the remainder thereof shall be applicable
only to the erection, repair, FURNISHING
and fitting of school buildings, and the
acquisition of school sites, or to one or
more of such uses, and shall not be APP
propriated to any other purpose.
Resolved, That the city clerk forthwith
transmit to the county auditor of Ram
sey county a certified copy Of this reso-
luton, to the end that the amount of the
tax herein provided for may be extended
by said county auditor upon his rolls
against the taxable property within the
city, and collected with and as part of
the general taxes for the year 1899.
In support Of the passage Of the reso-
luton Mr.. Albrecht said there had been
some question raised as to the legality
Of the law authorizing the levy of one
and a half mills. The corporation attor-
ney had for this reason advised that the
levy be made separate and in such a
manner as not to bring into question
the legality of the entire assessment for
the city. If the act Of the legislature
was upheld by the courts the school
board, within the next fiscal year, would
have the money at its disposal. The
school board had recently decided to
cUrtail the school year rather than it's
expenditures, and this being the case it
was desirable that the resolution be
passed in order that the money needed
by the board to run the full school year
bo secured.
NO CONFLICT INTENDED.
Corporation Attorney Markham stated
that the resolution had been drawn by
him at the request Of the committees on
ways and means from both bodies. 1t
was not for the purpose of making any
conflict in the courts, but for the clear
ing up Of the question as to the validity
Of the law passed authorizing an. addi-
tiOnal levy of one and a half mills w.
L. Chaplin, who drafted the law, and a
number of the leading citizens had re-
quested that some action be taken in
order that the schools might have the
emount of money needed to operate them
1t was impossible to bring the act Of
1899 into the city charter which author
lied levy of not to exceed two and a
half mills as an amendment. The needs
and necessities of the public schools
were such that money should be raised
for new buildings and repairs to school
buildings. By the passage of the reso-
luton the validity of the recent act
might be tested in the courts. His own
personal opinion was that the money
could not be raised under the law, but
this was but the opinion OF but one
man, and he gladly acceded to the re-
quest to draft a resolution which might
be the means Of testing the law. If
it was found that the school board could
only have the 10000, which had just
been voted by the council, the sooner this
was brought home to the board the bet
ter. 1t did not seem that the board
would hold to it's decision as to the cur
failing of the school year if it was found
that $4,000 was all that could be secured.
The intention was after the resolution
had passed to give some of the taSpay-
ers an opportunity to bring action in
the court and allow the question to be
speedy action, have to come in the ma
ture of an order restraining the mayor
from signing the resolution, or the coun-
ty auditor from spreading the levy on
the books. In case this was not done,
nothing could be determined until the
tax became delinquent in 1901 and judg-
ment was ordered. At that time any
taxpayer could bring an action in the
court, and then the question would be
tested. His opinion was that by apply
ing for a restraining order to prevent
the council or the county auditor from
proceeding further would bring the mat
ter before the courts.
Mr.. Albrecht explained that the sum
of 600 was used in the resolution
owing to the law providing for only one
and a half mills, and only the amount
raised from one-half a mill was to be
used maintenance, the balance to go
repairs. The school board in its budget
had asked for $S2, 400. of which $23, 400 was
to be for repairs; $4,000 for permanent
improvements, and $4,000 for buildings
and sites. This Mr.. Albrecht thought
was more than the law allowed, and the
amount had been reduced in the resoIu-
ton offered so as to give $97, 300 for main
tenance, and $74,700 for repairs, new
buildings and sites.
The resolution was SSPd nv ma nj
nous vote of the eight members present
The mayor was directed in a resolu-
ton presented by the committee on
streets and duly passed to take all nee
essary and proper measures to prevent
all persons, corporations and companies
from erecting telegraph and telephone
poles or stringing wires without first hav-
ing applied and secured permission so to
do from the common council.
GARBAGE AND STREET CLEANING.
Assemblyman AIbrecht at the request
of the Women's Civic league had passed
a resolution directing the mayor to ap-
point a committee of five to investigate
and report as to the inspection and re-
moVal Of garbage and the cleaning of the
streets. The ordinance of Aid. Shepard
setting apart that portion of Summit ave-
nue. between Fairview avenue and the
Mississippi river as a speedway, was sent
to the committee on streets. The point
was made that the ordinance was intro
duced at the last meeting of the board,
and passed that body under the suspen-
sion of the rules, and the people interest
ed or the general public had no time to
object if they desired.
Another ordinance presented by Aid
Shepard and passed by the board of aid
ermen, was also referred to the commit
tee on streets. This amended the helath
ordinance so that it compelled tenants
Of buildings to clean up the rubbish,
ashes and manure on the premises in
stead Of the owners Of the property. Aid.
Shepard informed the assembly that it