The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-01-21

In an opinion from the corporation at
of Heath Commissioner Ohage regarding
the collection and removal of garbage by
his department is sustained. The board
of aldermen, not satisfied with refusing
to act on the pay roll of men and teams
employed by the commissioner for TAX
Ing care of the garbage, requested an
opinion as to whether the commissioner
was authorized to use the $4,000 set
apart In the tax budget without further
appropriation
In lengthy opinion, after going into
the details of the action taken by the
council, Mr.. Markham SAYS:
There is provision in the charter re-
lating to the collection and disposal Of
garbage, except the general provisions
contained in the portion Of the charter
relating TO the department of health, but
I think 1t Is within the power of the
common council to provide for such col
lection and removal by contract or other
wise, at Its discretion, and to appropriate
and set aside a sufficient amount of money
from the general fund to defray the cost
of such collection and removal The ac-
ton. taken by the common council, In
passing the tax estimate, setting aside
a specific fund to cover the collection
and disposal of garbage during the pres
ent year, Is a sufficient appropriation of
this sum of $4,000, for the purpose leav-
ing 1t still discretionary with fhe com
mon council as to the manner in which
the work shall be done and the fund
expended. But until the common council
exercises this discretion and either
awards contract or imposes the duty
upon some proper officer or department
of the city. I think the commissioner of
health is acting within the line of his
duty in employing the necessary men
and teams to carry on the work, and
that the expense necessarily incurred by
him is properly chargeable to, and should
be paid out of the fund so appropriated
and set aside to defray, the expense Of
removal and collection Of garbage
/ have not been able to find in the
charter any expires provision or direction
upon this subject. The necessities Of
the case require action, and I think it
the situation, as 1 have stated it, that
I 49, PO"SA uuty, III lHc dpSeiCe VI any
direction by the common council, properly
nevolves upon and should be exercised by
The department of health.
In answer to the other inquiry contained
IN your resolution as to the limitations
upon the amount of money which may
be expended by the health department
in any one year, 1 have the honor to ad-
wise you that the charter limits this to
the amount which is set aside and fixed
by the tax estimate which can in no
one year exceed the sum of $1,000 in
GLIDING the payment of the salaries of the
commissioner of health, his assistant, and
the other employees of the department
provided for by the charter. do not
think the men and teams hired by the
commissioner and engaged In the re-
moval and disposal of garbage, under ex-
listing conditions. are employees of the
health department, within the meaning
of this limitation
In view of this opinion 1t is likely that
the board Of aldermen will pass the pay
roll when it reaches the body in the
usual course Of business and that the
comptroller, to whom it was referred by
the assembly for audit, will also take
cognizance of the decision of the. legal
department on the question.
Health Commissioner Ohage was great
~ pleased at the solving of the problem
and stated that until the council made
some other arrangements, either by the
letting of new contracts, or giving him
contrary orders, he would continue to
have the men and teams now employed
continue in the work