The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-02-17


What He Has to Say About 1t
Himself.
For the exact time and space Of three
and one-half minutes last night Will
liam L. Kirke was not an assemblyman
nor public official of the city of st.
Paul.
The assembly gathered in the coun-
Gil chambers last evening at 1880, and
for half an hour Mr.. Kirke conversed
with the various assemblymen individ-
ually and In secretive manner. He
Enthusiastically had card up his
sleeve and he had need of one. for
had he not been ousted from his office
to all intents and purposes by acts Of
commission and omission? But no fear
of impending doom clouded the serene
brow of William T. Kirke as he strut
ted magestically about the council
chamber. He had informed G O b e
reporter in the afternoon he was ready
to abide by the decision of his fellow
assemblymen. and the calm. quiet way
he said it indicated he knew more of
what action the assembly would take
than he was willing to say anything
about
When the assembly was called to or
der at o'clock, with Vice President
Dix in the chair. Mr.. Kirke took a seat
with the other members, serenely con-
fident
wise man is William T. Kirke.
MIR. KIRKE RESIGNS.
The first thing on a cut and dried
programme was a letter of resignation
signed by W. T. Kirke. AS it explains
itself it is produced here and was as
follows:
Do, NH NJ Az
Paul, Minn.-Gentemen Whereas it Is
claimed / have omitted to file my report as
presidsnt Of the assembly with the conference
committee at the meetings held in December,
1898, and in the month Of January, 1899, and
that have relinquished and vacated my Of
flee as a member Of the assembly, under the
the charter, and whereas the public interest
demands that no official act upon my part
should ever be called into question as to It's
validity l have decided to tender, and do
hereby tender, to the assembly my resgna-
ton, and respectfully request that 1t be forth
with accepted, in order that no such question
may ever arise Very respectfully yours our
No one present seemed to be at all
surprised, and in the quietest and most
somnolent manner possible, a motion
was made that the resignation be &C
cepted. In an equally nonchalant way
it was seconded, the clerk called the
roll. All present voted AYE Mr.. Craig
with all due elaboration and with no
appearance of undue haste, the assem-
oily proceeded to and did elect Will
liam T. Kirke as a member of the as
sembly to fill vacancy caused by the
resignation Of w. T. Kirke.
Again all present voted aye, and
seven votes were recorded In favor OF
such election. No attempt was made
to elect a president Of tie assembly.
The facts in the case are these:
The charter Of the city Of St. Paul
provides that, shall the president fail
TO make certain required reports to the
conference committee, he shall forfeit
his right to seat in the assembly,
and not only that but the charter par
ticularly and specifically provides that
he shall also be disqualified from hold
Ing any office in the gift of the munich
pality. Mr.. Kirke had violated both
provisions Of the charter, and unques-
tionably forfeited his seat as fully and
effectually as if he had resigned. At
least SO the city attorney decided. Ac-
cepting his dictum as final, and in or
resigned and then-Mr. Kirke was re-
elected. But there is still that provi-
sion of the charter which .disqualifies
Mr.. Kirke from holding office again
for one year. However, that is easily
disposed Of. The G o b hit 1t off yes
terday morning and gave out a sugges-
ton that has proved the solution of
Mr.. Kirkes difficulties. 1t appears
that he consulted with legal talent, the
result Of such conference was report
ed to City Attorney Markham and he
coincided with the views of Mr.. Kirke's
attorney that the provision of the char
ter, which undertakes to disqualify for
office, is in conflict with the constitution
Of the state of Minnesota. Section z,
article 7, of such constitution, reads as
follows:
Every person who, by the provisions of this
article, shall be entitled to vote at any cleo
ton, shall be eligible to any office which
now Is or shall hereafter be elective by
the people In the district wherein he shall
have resided for thirty days previous to such
election, except as otherwise provided in this
constitution, or the constitution and laws OF
the United States.
Mr. Kirke is also reinforced by a SUI
preme court decision. It Is in the case
of the State against Holman, and the
report is to be found in volume So Of
the Minnesota reports, page PIG.
The supreme court, in constituting
article Z, section Z, of the constitution,
with relation to the Office of assembly
man, in the city Of st. Paul, says:
Where the constitution prescribes
the qualifications for eligibility to office
it Is not in the power Of the legislature
to add any additional qualifications or
to impose any limitations upon the
terms of eligibility fixed by the con-
stitution."